01-03-06 Agenda Reg
City of Delray Beach
Regular Commission Meeting
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RULES FOR PUBLIC PARTICIPATION
Tuesday. Januaty 3. 2006
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
and the right to limit discussion rests with the Commission. Generally, remarks
by an individual will be limited to three minutes or less. The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Dekay Beach City Hall
A. Public Hearings: Any citizen is entitled to speak on items under this
section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section. The Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
C. Regular Agenda and First Reading Items: Public input on agendaed items,
other than those that are specifically set for a formal public hearing, shall
be at the specific request of individual City Commission members.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the
sheet located on the right side of the dais. If you are not able to do so prior to the
start of the meeting, you may still address the Commission on an appropriate item.
The primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to
the podium and state your name and address for the record. All comments must
be addressed to the Commission as a body and not to individuals. Any person
making impertinent or slanderous remarks or who becomes boisterous while
addressing the Commission shall be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
100 NW 1st Avenue
Delray Beacb, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
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 Doug Randolph at 243-
7127,24 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.
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL.
5. APPROVAL OF MINUTES:
· December 6, 2005 - Regular Meeting
6. PROCLAMATIONS:
A. Martin Luther King, Jr. Day - January 16,2006
B. Calling for the First Nonpartisan Election to be held on March 14,2006
7. PRESENTATIONS:
A. Presentation of Officer Johnny Pun's Framed 2003 Proclamation to his family and
the Delray Y outh Vocational Charter School
B. Government Finance Officers Association - Certificate of Achievement for Excellence
in Financial Reporting
8. CONSENT AGENDA: City Manager Recommends Approval.
A. FINAL SUBDmSION PLAT APPROVAL/GRAMERCY SOUARE: Approve
the subdivision plat for Gramercy Square, a 109 lot, fee-simple, townhouse
development, located on the west side of Military Trail, approximately 660 feet south of
West Atlantic Avenue.
B. RESOLUTION NO. 2-06: Approve Resolution No. 2-06 urging members of the
Florida Legislature to support municipal issues during the 2006 Legislative Session.
C. REOUEST FOR SIDEWALK DEFERRAL/1875 LAKE DRIVE: Approve a
request to defer the installation of a sidewalk in front of 1875 Lake Drive. Staff
recommends approval.
D. AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO HANDLEI
CANVASS ABSENTEE AND PROVISIONAL BALLOTS AND REPRESENT
THE CITY AT LOGIC AND ACCURACY TESTS FOR THE FIRST NON-
PARTISAN ELECTION: Authorize the Palm Beach County Supervisor of Elections
to handle and canvass the City's absentee and provisional ballots for the March 14,2006
First Non-Partisan Election, and represent the City at the requisite Logic and Accuracy
tests.
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E. REVISED LANGUAGE/LOCAL RULES/RULES FOR PUBLIC
PARTICIPATION: Approve an amendment to the City Commission Rules of
Procedure, Section II, Local Rules A.8.g and approve the revised language for Item 1.c.
under "Rules for Public Participation" on the first page of the Regular Commission
Meeting Agenda for clarification.
F. RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT
ADVISORY BOARD: Ratify the appointment of Diane Borchardt as the Planning &
Zoning Board representative on the Parking Management Advisory Board for an
unexpired term ending August 31, 2006.
G. CONTRACT CANCELLATION /PENNCO. INC.: Authorize the cancellation of
the contract with Pennco, Inc. for the purchase of Hydrofluosilicic Acid for the Water
Treatment Plant and authorize staff to re-bid this commodity.
H. CONTRACT CANCELLATION/PREMIER BUS OPERATING COMPANY:
Authorize the cancellation of the contract with Premier Bus Operating Company for
Bus Rental and Driver Services for Parks and Recreation Camps, Special Events, Sports
& Dance Competitions, and Football Programs; and approve a temporary award to
Midnight Sun Tours until a new bid has been processed.
1. PURCHASE ORDER INCREASE/DELRAY LINCOLN MERCURY: Approve
an increase of $15,000.00 to blanket purchase order #631052, Delray Lincoln Mercury,
for the purchase of Original Manufacture (O.E.M.) automotive parts for the City
Garage. Funding is available from 501-3311-591-52.50 (Central Garage Fund/
Inventory/Parts).
J. MEMORANDUM OF UNDERSTANDING/FLORIDA DEPARTMENT OF
FINANCIAL SERVICES: Approve a Memorandum of Understanding with the
Florida Department of Financial Services; and accept the Domestic Preparedness Grant
from the State Homeland Security Grant Program in the amount of $76,226.50 for
equipment, maintenance of equipment, and training courses related to Homeland
Security.
K. RESOLUTION NO. 1-06: Approve Resolution No. 1-06 authorizing the
reimbursement of original expenditures with proceeds of lease purchase financing of a
Nortel PBX System in the amount of $199,572.74 and 60 golf carts in the amount of
$117,540.00.
L. RESOLUTION NO. 3-06: Approve Resolution No. 3-06 authorizing a master
lease/purchase agreement with Bank of America Leasing for the lease purchase of a
Nortel PBX System in the amount of $199,572.74 and 60 golf carts in the amount of
$117,540.00.
M. SERVICE AUTHORIZATION NO. 3/CH2M HILL. INC.lBEXLEY PARK:
Approve Service Authorization No. 3 to CH2M Hill, Inc. in the amount of $62,502.00
for final design of the Bexley Park Project. Funding is available from 380-4150-572-
63.24 (2004 G.O. Bond/Parks & Recreation/Bexley Park).
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N. SUPPLEMENT NO.1 TO SERVICE AUTHORIZATION/CH2M HILL.
INC.lPOMPEY PARK: Approve Supplement No.1 to Service Authorization No.2
to CH2M Hill, Inc. in the amount of $18,500.00 for additional design services for the
Pompey Park Building Improvements Project. Funding is available from 380-4150-572-
62.61 (2004 G.O. Bond/Parks & Recreation/Pompey Park Expansion).
O. AMENDMENT NO. 1 TO SERVICE AUTHORIZATION NO.
23/MATHEWS CONSULTING, INC.: Approve Amendment No.1 to Service
Authorization No. 23 to Mathews Consulting, Inc. in the amount of $32,900.00 for
supplementary services in conjunction with irrigation service connection extensions to
the Reclaimed Water Areas 2 & 3 Transmission Main Project. Funding is available from
441-5181-536-31.90 (Water/Sewer Fund/Other Professional Services).
P. CHANGE ORDER NO. 5 (CONTRACT ADDITION)/ ASPHALT
CONSULTANTS, INC.: Approve Change Order No.5 (Contract Addition) between
the City and Asphalt Consultants, Inc. in the amount of $234,317.46 for replacement of
the existing ex filtration drainage system with a positive outfall drainage system as part of
the N.W';S.W. 5th Avenue Improvements Project. Funding is available from 448-5461-
538-63.90 (Stormwater Utility Fund/Other Improvements).
Q. SPECIAL EVENT REOUEST/HOWARD ALAN 9th ANNUAL WINTER
STREET CRAFT FESTIVAL: Approve a special event request to allow the 9th
Annual Delray Beach Winter Street Craft Festival sponsored by Howard Alan Events,
Ltd. to be held on February 25-26, 2006 from 10:00 a.m. - 5:00 p.m.; including a
temporary use permit per LDR Section 2.4.6(H) for street closures of NE/SE 4th
Avenue, one block north/south of Atlantic Avenue as well as the north end of Hand's
parking lot for vendor parking; and staff support for security and traffic control, with
the event sponsor paying all overtime costs.
R. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
December 12, 2005 through December 30, 2005.
S. AWARD OF BIDS AND CONTRACTS:
1. Purchase awards to Duval Ford in the amount of $167,776.00 for the purchase
of seven (J) 2006 Ford Crown Victorias with pursuit packages; and to Classic
Chevrolet in the amount of $39,044.00 for the purchase of two (2) Chevrolet
Impalas with pursuit packages; via the Florida Sheriff's Association Bid #04-12-
0823 Rollover for the Police Department. Funding is available from 001-2111-
521-64.20 (General Fund/Automotive) and 001-2115-521-64.20 (General
Fund/Automotive).
2. Contract award to Murray Logan Construction, Inc. in the amount of
$48,500.00 for annual Lift Station Rehabilitation. Funding is available from 442-
5178-536-68.15 (Water/Sewer Fund/Lift Station Rehabilitation).
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3. Bid award to Rosso Paving & Drainage, Inc. in the amount of $106,872.50 for
the construction of a U.S. 1 turn lane into the site of the new Intracoastal Park.
Funding is available from 334-4174-572-68.10 (General Construction
Fund/Intracoastal Park-US 1 Turn Lane).
4. Approve a purchase order to ConVault in the amount of $22,359.95 for the
purchase of a 3,000 gallon above ground fuel tank for the South Pump Station
Fuel Tank Relocation Project. Funding is available from 441-5161-536-34.85
(Water/Sewer Fund/Other Contractual Services/SCRWID Board).
5. Contract award to Delta Petroleum & Industrial, Inc. in the amount of
$17,705.00 for the installation of a ConVault diesel fuel tank for the South
Pump Station Tank Relocation Project. Funding is available from 442-5178-
536-46.90 (Water/Sewer Renewal & Replacement Fund/Other Repair/
Maintenance Costs).
6. Contract award to Quality Transport, Inc. in the amount of $840,840.00 for an
initial three (3) year contract (totaling $1,401,400.00 if extended to 5 years) to
provide shuttle services in the downtown area. Funding source will be provided
on Tuesday.
9. REGULAR AGENDA:
A. CONDITIONAL USE REOUEST /OUTDOOR AMPHITHEATER: Consider
a request to allow the establishment of an outdoor amphitheater at the Susan Williams
and S.D. Spady Cultural Arts Center, located at 154-170 N.E. 5th Avenue in the West
Settlers Historic District. (Quasi-Judicial Hearing)
B. SPECIAL EVENT REOUEST /MARTIAL ARTS: Consider a request from Kevin
Sisson requesting the making and installation of three (3) 4' x 4' event signs for the
Annual Martial Arts Open Kids Safe Weekend to be held at Old School Square on
January 28-29, 2006. Staff recommends denial.
C. CONTRACT AWARD/CORNELL PARK: Provide direction regarding the scope
reduction and contract award for construction of the Cornell Park Improvements.
Funding is available from 380-4150-572-63.27 (2004 G.O. Bond/Cornell Park).
D. SPECIAL EVENT REOUEST / ART & JAZZ ON THE AVENUE: Consider
approval and endorsement of Art & Jazz on the Avenue scheduled for January 19, 2006
from 6:00 p.m. to 10:00 p.m.; granting a temporary use permit per LDR Section
2.4.6(H) for the closure of Atlantic Avenue from Swinton Avenue to N.E. 7th Avenue,
the south side of Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor
Pub, Railroad Drive from Atlantic Avenue to N.E. 1st Street, and N.E. 2nd Avenue from
Atlantic Avenue to N.E. 2nd Street (street closure will be from 3:00 p.m. to
approximately midnight); and authorize staff support for security and traffic control,
banner hanging/removal, barricade set-up/removal, trash removal, clean up assistance,
and with payment of costs to the City per the agreement dated January 24, 2005.
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E. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint
three (3) regular members to the Code Enforcement Board for three (3) year terms
ending January 14, 2009. Based upon the rotation system, the appointments will be
made by Commissioner McCarthy (Seat #4), Mayor Perlman (Seat #5), and
Commissioner Ellis (Seat #1).
F. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two (2) regular
members to the Education Board for unexpired terms ending July 31, 2007. Based
upon the rotation system, the appointments will be made by Commissioner McCarthy
(Seat #4) and Mayor Perlman (Seat #5).
G. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD: Appoint one
(1) regular member to the Nuisance Abatement Board for an unexpired term ending
March 31, 2007. Based upon the rotation system, the appointment will be made by
Commissioner McCarthy (Seat #4).
H. APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT
SYSTEM BOARD OF TRUSTEES: Appoint one (1) regular member to the Police
and Firefighters Retirement System Board of Trustees for an unexpired term ending
June 30, 2006. Based upon the rotation system, the appointment will be made by Mayor
Perlman (Seat #5).
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 83-05: Privately initiated rezoning from AC (Automotive
Commercial) to GC (General Commercial) for a 6.28 acre parcel, located on the east
side of Federal Highway and the west side of Florida Boulevard (formerly the Ralph
Buick Dealership). (Quasi-Judicial Hearing)
B. ORDINANCE NO. 80-05: Privately initiated rezoning from RO (Residential Office)
to RM (Medium Density Residential) for a 0.21 acre portion of the Coda (fka
Lighthouse) property, located south of S.W. 1st Street, between S.W. 1st Avenue and
S.W. 2nd Avenue. (Quasi-Judicial Hearing)
1. CONDITIONAL USE REOUEST /CODA PROPERTY: Consider a
request to allow a density in excess of twelve (12) units per acre (19.6 dwelling
units per acre proposed), within the RM zone district, subject to the provisions
of Article 4.7 "Family Workforce Housing", for a 1.84 acre parcel for the Coda
(fka Lighthouse) property, a proposed mixed-use development, located at the
southwest comer of S.W. 1st Street and S.W. 1st Avenue. (Quasi-Judicial
Hearing)
C. ORDINANCE NO. 82-05: Privately initiated rezoning from CBD-RC (Central
Business District-Railroad Corridor) to CBD (Central Business District) for the south
seven [l) feet of Lot 9, and Lots 10 through 12 inclusive, together with the north thirty-
seven (37) feet of Lot 13; lying in Block 78 totaling 0.85 acres, located along the west
side of S.E. 2nd Avenue, between S.E. 1st Street and S.E. 2nd Street. (Quasi-Judicial
Hearing)
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1. CONDITIONAL USE REQUEST/ATLANTIC SHORES: Consider a
request to allow a density in excess of 30 units per acre (41.30 units per acre
proposed) and a building height to exceed 48' (60' proposed) in the Central
Business District for Atlantic Shores, a proposed 36-unit residential
development, located on the west side of S.E. 2nd Avenue, approximately 80 feet
south of S.E. 1 st Street. (Quasi-Judicial Hearing)
D. ORDINANCE NO. 81-05: City initiated rezoning request from CBD-RC (Central
Business District-Railroad Corridor) to CBD (Central Business District) for parcels of
land totaling 1.25 acres, located on the east and west sides of S.E. 2nd Avenue, between
S.E. 1 st Street and S.E. 2nd Street. (Quasi-Judicial Hearing)
E. ORDINANCE NO. 59-05: City initiated rezoning from R-I-A (Single Family
Residential) to RM (M:edium Density Residential) for a 0.5 acre parcel of land for the
Lee Burke Property, located on the north side of Linton Boulevard, approximately 660
feet west of S.W. 4th Avenue. (Quasi-Judicial Hearing)
F. ORDINANCE NO. 79-05: Privately initiated amendment to the Land Development
Regulations Section 4.6.9(E), "Location of Parking Spaces", by adding a new subsection
4.6.9(E)(4), "Parking Facility Payment"; and Appendix "A", "Definitions", to establish
alternative provisions for accommodating required parking when not provided onsite;
and to provide a definition for a public parking facility and programmed public parking
facility .
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. FIRST READINGS:
A. ORDINANCE NO. 1-06: Rezoning from POD (professional Office District) to RM-
10 (M:edium Density Residential-l0 Units per acre) for a 1.77 acre parcel to be known as
Palm Trail Carriage Homes, 816 Palm Trail, located approximately 185 feet north of
George Bush Boulevard. If passed, a public hearing will be scheduled for January 17,
2006.
B. ORDINANCE NO. 2-06: Amendment to Land Development Regulations Section
4.3.4(J)(1), "Height", Section 4.6.18(B)(14)(i)(3), "Buildings within the Downtown
Area", Appendix "A", "Definitions", to regulate sloped parapets. If passed, a public
hearing will be scheduled for January 17, 2006.
C. ORDINANCE NO. 3-06: Amendment to Land Development Regulations Section
4.6.9(C), "Off-Street Parking", for the reservation of one (1) parking space per
residential unit in mixed-use developments utilizing the shared parking tables. If passed,
a public hearing will be scheduled for January 17,2006.
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D. ORDINANCE NO. 4-06: An ordinance amending Chapter 91, "Animals" of the
Code of Ordinances by amending Section 91.20, "Running at Large", to clarify that "at
large" shall mean not under the direct control of owner whether on or off owner's
property. If passed, a public hearing will be scheduled for January 17, 2006.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: DECEMBER 30. 2005
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DECEMBER 6. 2005
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, December 6, 2005.
L
Roll call showed:
Present - Commissioner Patricia Archer
Commissioner Rita Ellis
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Absent - None
Also present were - David T. Harden, City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
2.
The opening prayer was delivered by Commissioner Archer.
3.
gIven.
The Pledge of Allegiance to the flag of the United States of America was
4.
AGENDA APPROVAL.
Mayor Perlman noted the addition of Item 8.0, Initiation of Proposed
Ordinance Chaneine Land Development Reeulations to the Consent Agenda by
addendum.
Also, Mayor Perlman stated there is additional information for Item 9.D.,
9.L., and 9.C.
Mr. Levinson moved to approve the Agenda as amended, seconded by
Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said
motion passed with a 5 to 0 vote.
5.
APPROVAL OF MINUTES:
Mrs. Ellis moved to approve the Minutes of the Regular Meeting of
November 15,2005, seconded by Mr. Levinson. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman
- Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote.
12/06/05
6.
PROCLAMATIONS:
. NONE
7.
PRESENTATIONS:
· NONE
8.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve
and ratify the actions of the South Central Regional Wastewater Treatment and Disposal
Board at their Quarter Annual Meeting of November 17,2005.
8.B. UTILITY EASEMENT/FLORIDA POWER AND LIGHT: Approve a
utility easement document granting to Florida Power and Light the means to
install/maintain a transformer within the Catherine Strong Park to supply power to the
new water park.
8.C. HOLD HARMLESS AGREEMENT/COLONIAL FIREWORKS
DISPLAYS AND MANUFACTURING COMPANY: Approve and accept a hold
harmless agreement with Colonial Fireworks Displays and Manufacturing Company for
the Fireworks presentation for First Night 2005.
8.D. BROKER CONTINGENCY COMMISSIONS AND GENERAL
RELEASE/ARTHUR J. GALLAGHER & COMPANY: Approve a settlement in the
amount of $309.03 and execution of a General Release with Arthur J. Gallagher &
Company regarding contingency commissions.
8.E. SECOND AMENDMENT TO CONTRACT FOR SALE AND
PURCHASE/ AUBURN TRACE: Approve the Second Amendment to the Contract for
Sale and Purchase between the City and Auburn Trace, LTD. to extend the closing date
to January 31,2006.
8.F. MODIFICATION TO DEPARTMENT OF ENVIRONMENTAL
PROTECTION (DEP) CONTRACT/BEACH RENOURISHMENT: Approve a
modification to the Department of Environmental Protection (DEP) Contract No. 99PB2
regarding funding related to the Year 2002 Beach Renourishment Project.
8.G. PUBLIC ART ADVISORY BOARD RULES: Approve the rules of the
Public Art Advisory Board as adopted by that board on November 10,2005.
8.H. CHANGE ORDER NO. 2/JMW CONSTRUCTION
CORPORATION: Approve Change Order No.2 in the amount of $82,960.00 to JMW
Construction Corporation for the assembly and installation of bus shelters. Funding is
available from 334-3162-544-65.70 (General Construction Fund/Transit Stop Bus
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12/06/05
Shelters).
8.1. CHANGE ORDER NO. 2 (CONTRACT ADDITION)/CHAZ
EQUIPMENT COMPANY. INC.: Approve Change Order No.2 (Contract Addition)
in the amount of $78,423.75 to Chaz Equipment Company, Inc. to the Swinton Avenue
Beautification Project for the construction of fiber optic conduit and pull boxes which
will serve as a conduit for a redundant connection for future fiber optic connection
between the Environmental Services Department and City Hall. Funding is available
from 441-5161-536-62.32 (Water/Sewer Fund/New Capital, ESD Building Expansion).
8.J. CHANGE ORDER NO. 3 (CONTRACT ADDITION)/CHAZ
EQUIPMENT COMPANY. INC.: Approve Change Order No.3 (Contract Addition)
in the amount of $39,250.00 to Chaz Equipment Company, Inc. to the Swinton Avenue
Beautification Project for the emergency repair of a sewer line break: at 521 Curlew Road.
Funding is available from 442-5178-536-63.51 (Water/Sewer Renewal & Replacement
FundlSewer Mains).
8.1{, SERVICE AUTHORIZATION NO. 6/MATHEWS CONSULTING.
INC.: Approve Service Authorization No.6 to Mathews Consulting, Inc. in the amount
of $88,000.00 for the design of infrastructure improvements for the Seasage Drive,
Melaleuca Road, and Oleander Lane Drainage Improvements Project. Funding is
available from 442-5178-536-65.35 (Water/Sewer Renewal & Replacement Fundi
Seasage/Melaleuca/Oleander) and 448-5461-538-65.35 (Stormwater Utility Fundi
Seasage/Melaleuca/Oleander ).
8.L. RIGHT -OF-ENTRY AGREEMENT AND EASEMENT
DEED/HAMLET COUNTRY CLUB: Approve the Right-of-Entry Agreement and
Easement Deed with the Hamlet Country Club to allow The Hamlet Country Club to
connect to the reclaimed water system being implemented by the City.
8.M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period November 14, 2005 through December 2,2005.
8.N. AWARD OF BIDS AND CONTRACTS:
1: Contract award to Asphalt Consultants, Inc. in the amount of
$1,240,565.00 for the Area 2 & 3 Reclaimed Water Transmission
Project. Funding is available from 441-5181-536-65.96
(Water/Sewer FundlReclaimed Water Transmission System).
8.0. INITIATION OF PROPOSED ORDINANCE CHANGING LAND
DEVELOPMENT REGULATIONS: Approve an initiation of a proposed ordinance
changing the Land Development Regulations which will prohibit office uses including
but not limited to Attorneys, Banks, and Medical Offices on ground floors of buildings
along Atlantic Avenue within the EntertainmentlRetail Zone as identified in the
Downtown Delray Beach Cluster Study (Swinton Avenue to the Intercoastal).
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12/06/05
Mr. Levinson moved to approve the Consent Agenda as amended,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs.
Archer - Yes. Said motion passed with a 5 to 0 vote.
9.
REGULAR AGENDA:
9.A. CONDITIONAL USE REQUEST/ATLANTIC PLAZA: Consider a
request to allow a building height in excess of 48' (to a maximum of 60') and a density to
exceed 30 residential units per acre (47 dwelling units per acre proposed) for Atlantic
Plaza, a proposed mixed-use development that includes 306 residential units 57,137 sq.
ft. of retail space, 8,811 sq. ft. of restaurant space and 44,204 sq. ft. of office space,
located on the north side of East Atlantic Avenue, extending between N.E. 6th Avenue
and Veteran's Park. (Quasi-Judicial Hearing)
Mayor Perlman read into the record the City of Delray Beach procedures
for a Quasi-Judicial Hearing 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.
Mayor Perlman asked the Commission to disclose their ex parte
communications. Mr. Levinson stated he received emails and has forwarded them to the
Commission's email site. Ms. McCarthy stated she received emails and has forwarded
them to the Commission's email web site. In addition, Ms. McCarthy stated her voice
mail was filled twice so she started logging names and she will forward these emails to
the City Clerk. Mayor Perlman stated he forwarded everything to the Commission
website and the packets in his office will be delivered to the Clerk's office tomorrow.
Mrs. Ellis stated she too has forwarded numerous emails to the Commission web site,
logged numerous telephone calls, and stated she will forward the letters and forms to the
City Clerk. Mrs. Archer stated most of the emails she received have been forwarded to
the Commission website and will complete this by tomorrow, she has kept a log of all the
telephone calls, and she just forwarded all the packets she received to the City Clerk.
The City Attorney stated there has been a request received in writing for
an additional ten minutes for the hearing and also that the cross-examination not be
conducted through the chair but directly. It was the consensus of the Commission to keep
the rules as they are and not grant additional time and that the cross-examination remains
through the chair.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2003-317 into the record.
Mr. Dorling stated this is a conditional use request for (1) an increase in
building height to a maximum of 60 feet, and (2) to allow a density increase from 30
units to the acre to 47 units per acre. The original site plan for Atlantic Plaza was
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12/06/05
approved in 1984 for approximately 80,000 square feet. In addition, this development
proposal includes another piece west of the Atlantic Plaza and adding this square footage
would make this a total of 99,000 square feet of retail/office and 18 units of motel. The
proposal includes the demolition of the 99,000 square feet and 18 units and the
reconstruction of 110,000 square feet of retail, office, restaurant, and 306 units.
At its meeting of October 17,2005, the Planning and Zoning Board held a
public hearing in conjunction with the request. There were several people from the
public who expressed concern over the proposed increase in height and density and after
significant discussion the Board voted 4 to 2 to recommend approval subject to positive
findings that are identified in the Planning and Zoning staff report. At its meeting of
August 10, 2005, the Downtown Development Authority (DDA) reviewed the
conditional use request and recommended approval and at its meeting of October 5,2005,
the Community Redevelopment Agency (CRA) considered the conditional use request
and recommended approval 7-0 in support.
Francisco Perez-Azua. Architect with Perez Desiim. Inc. for the
proiect. gave a briefPowerPoint presentation regarding the proposed project.
Blount Hunter (Consultant with H. Blount Hunter Retail & Real
Estate Research Company). briefly spoke regarding the Cluster Study.
Michael Weiner. Attorney with Weiner & Aronson. P.A.. 102 N.
Swinton Avenue. Delray Beach. stated in anticipation of this meeting he met with the
Beach Property Owners' Association (BPOA), the Downtown Development Authority
(DDA), Community Redevelopment Agency (CRA), the Planning and Zoning Board and
all three Boards voted in favor of this project. He addressed two major concerns of the
public: (1) traffic and (2) size (density). Mr. Weiner stated the explanation oftraffic is in
the Downtown Master Plan adopted in March 2002. He briefly spoke about the size of a
building and stated with respect to conditional uses for density there are eight different
points and the staff report states that the applicant has met them. Since the time of the
staff report, Mr. Weiner stated there has also been placed in the record additional
information concerning specific items in further support of staffs conclusions.
Furthermore, Mr. Weiner stated the applicant agrees with all the conditions of approval
and he urged the Commission to support this project because it meets every objective of
the Comprehensive Plan, the LDR's, the Delray Beach Master Plan, and the Cluster
Study.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the conditional use request, to please come forward at this time.
Jim Smith. 1225 S. Ocean Boulevard. Delray Beach. strongly opposes
this project and feels the property is water locked on the east by the Intracoastal and on
the west by a one-way Federal Highway. In his opinion, Mr. Smith feels that if this
project is allowed to be built with its proposed density it will become a nightmare. He
stated there will be between 4,000-6,000 car trips per day. He suggested that a full
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fledged traffic study be done and that this proposal be sent back to the drawing board
until the necessary traffic study has been completed and City staff has had the
opportunity to tighten up the Design Guidelines to prevent developers from being able to
overbuild. He suggested that the developer could provide a bicycle storage room in the
building for all the condominium owners to help mitigate the traffic congestion.
Mark Reineold. 107 MacFarlane Drive #204. Delray Beach. stated he
and his wife has lived in Delray Beach for over 10 years and has witnessed considerable
growth of the downtown especially in the past few years consistent with the Downtown
Master Plan. He stated overall he has been pleased with the growth; however, there have
been times where they were concerned that it might be too much growth and that perhaps
the look and feel of the town might be lost. He agrees that housing is important, that
housing provides a base for the businesses, and that it is great for the residents who can
walk to their favorite restaurants and shops. However, Mr. Reingold stated the number of
such projects along with their height and density in his opinion seems likely to
overwhelm the beauty and look of Delray Beach. Also, he stated the village look that
everyone loves could be affected by the possibility of typical mall stores moving into
downtown as additional growth occurs. Mr. Reingold stated the surge and development
tells us that the Downtown Master Plan has served its purpose and he feels it should now
be reviewed and revised before it is too late.
Torrey Everett. 50 East Road #3-A. Delray Beach (Barr Terrace).
stated this is a mammoth project which he feels will overshadow Veteran's Park and
noted it is not a village by-the-sea project. Secondly, he stated this project will be a
traffic bottle-neck and although he agrees that more garage space is needed, he feels it
should not all be in one place. Mr. Everett urged the Commission to send this project
back for re-design.
Bernard Dahlem. 622 Seasaee Drive. Delray Beach. stated he worked
as a professional engineer and was licensed to practice in four states in addition to being a
real estate broker. He stated when they would do a development they would have two
groups (someone to look at the trees and someone to look at the forest). He stated as one
comes down the street as designed this project will look big and in his opinion is not
Delray's style, as designed 47 units per acre is intensive in use, 7th Avenue will cease to
be a neighborhood street and will become more rental oriented rather than owner
occupied. Mr. Dahlem stated this is a good project but is just a bit too large and urged
the Commission to keep Delray Beach a village by-the-sea.
Clair Johnson. 46 Marine Way. Delray Beach. stated there is already a
lifestyle in Delray Beach and feels the project is too large. He expressed concern over
the number of units and how many parking spaces in the parking garage are going to be
with the unit holders. He stated the majority of the people who will live in this building
will own two cars and he expressed concern over where the cars are going to park, where
the parking will be for the restaurant and for all of the businesses that are being added.
Mr. Johnson stated the city is trying to make more space for the businesses on Atlantic
Avenue already because there is currently not sufficient space for the residents or the
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businesses. Mr. Johnson stated that Veteran's Park is being taken away from the public
and feels the excess parking from the building will go down into the parking for the park.
He urged the Commission to re-think this project and that traffic studies be done.
Steve Plamann. 840 N.E. 1st Court. Delrav Beach. stated he has lived in
Delray Beach since 1987 and strongly opposes the proposed project especially because of
what it would do to Veteran's Park. He stated Veteran's Park is a jewel and people have
weddings in the park and people often enjoy concerts. Mr. Plamann stated he read the
Downtown Master Plan and while it does recommend higher housing density for the
downtown it specifically warns against projects as big as what is being proposed at
Atlantic Plaza. He stated the Downtown Master Plan states that the City should
"encourage development fronting along the Avenue with three stories as ideal height and
four stories being the maximum desired height." In addition, Mr. Plamann read into the
record the following from page 90 (Conclusions and Recommendations) of the
Downtown Master Plan "Delray Beach's small town feel will rely greatly on maintaining
its current architectural scale and style with escalating land prices and limited in-fill
opportunities it is tempting to build five and six story buildings rather than two or three
story buildings. Honoring the historic character of the community through consistent
design will elevate local residents comfort level with new development and expand
downtown's image as a unique historic small town." He urged the Commission to vote
against both conditional uses.
Cheryl Jones. 131 S.E. 7th Avenue. Delrav Beach. strongly opposes the
project primarily due to the increased traffic it would generate. She stated the traffic on
S.B. ih Avenue is already horrendous and the speeding is getting out of hand. Ms. Jones
encouraged the Commission to address the traffic issues in this area.
Henry Romil!. 60 Venetian Drive. Delrav Beach. urged the Commission
to protect the neighbors from overdevelopment of this particular parcel. He commended
the architect and builder on the elegance of the plan; however, it is much too massive for
the neighborhood. Mr. Romig urged the Commission to send it back to the drawing
board and hopes the project can moved forward in a much smaller scale.
Charles Bonfield. 220 MacFarlane Drive. Delrav Beach. expressed
concern over the adverse effects the Atlantic Plaza plan proposed by JMS Development
will have on the city and its residents. He stated it would be prudent to declare a hiatus
on further residential development in the Central Business District (CBD) until we can
assure ourselves that we are not creating a traffic nightmare. Mr. Bonfield urged the
Commission to not support the Atlantic Plaza proposal until they are sure the city can
handle the additional automobile traffic and parking.
Kevin Hall. 416 Palm Trail. Delrav Beach. stated he would like the
developer to quantify the 306 dwelling units and commented about the square footage per
unit average. He expressed concern over the traffic, wastewater, sewer system, and the
infrastructure. He asked if there has been a study as to the impact that this project will
make by close to doubling the residential, commercial, and retail space. Mr. Hall
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commended the developer for the presentation; however, he feels the project is too large.
Barbara Fodor. 440 Canal Point South. Delray Beach. (real estate
salesperson), stated she supports the project and feels it will make the downtown area
prosper and will help attract more people who want to live in the City of Delray Beach.
Linda Walsh. 119 N.E. 7th Avenue. Delray Beach. supports the project
and stated in order to maintain Delray's vibrancy the city must move forward. She
believes this project is tasteful and accommodates many of the concerns of the neighbors,
will enhance property values, and will add to the prosperity of downtown Delray Beach.
Charles Dortch. 112 S.E. 7th Avenue Unit #2. Delray Beach. (President
of the Marina Historic District Homeowner's Association). stated many of the
residents in the Marina Historic District have expressed that when you drive up Federal
Highway it is like driving through a tunnel. He stated from an ethical standpoint, the
question should be do we want to live in a city of tunnels and walls. Mr. Dortch stated
there is nothing wrong with progress but urged the Commission to keep it within the
guidelines.
Dale Everett. 1000 Lowry Street. Delray Beach (President of the
Delray Summit Homeowner's Association). speaking on behalf of 65 property owners,
stated the property owners vigorously opposed to the developer's request for code
exceptions to the density and the height for this project. He expressed concern that the
increased traffic will place an umeasonable burden on the neighborhood and by ignoring
the current city planning codes it will set a precedent to allow other town developers to
continue intense development along Atlantic Avenue to A-I-A. Mr. Everett stated the
developer knew the rules before starting the plan and emphasized that the rules were
written to be fair to the developer and to the community.
Alan Schlossber!!:. 200 MacFarlane Drive. Delray Beach. stated he
agrees that this core area should be developed in Delray Beach; however, he feels this
particular project is a bit too much in terms of height, density, and traffic. He urged the
Commission to not approve this project.
Johnny Kincaide. 564 Enfield Court. Delray Beach (member of the
Plannin!!: and Zonin!!: Board). strongly supports the project and stated the developer has
made changes that the Planning and Zoning Board suggested and he feels reassured that
they are really listening to what staff has to say. Mr. Kincaide stated he has lived in
Delray Beach for over 30 years and has witnessed much change and is very proud of the
growth. He stated the Master Plan works and the procedures the City of Delray Beach
has in place work. Mr. Kincaide stated this is a unique venue and is going to be the
cornerstone of what Delray Beach is trying to establish in terms of viability, nightlife,
professional environment and atmosphere and he urged the Commission to support this
project.
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12/06/05
Abbev Weiss. 809 N.E. 1st Street #E-7. Delrav Beach. is strongly
opposed to the project and stated the proposed mixed use development is against the best
interest of the community for two primary reasons. Both the cost of the residential space
and the volume of residential space are excessive. She stated the residents are speaking
in favor of progress not excess.
Carv Glickstein. 277 S.E. 5th Avenue. Delrav Beach. entered his
qualifications into the record and speaking on behalf of the Beach Property Owner's
Association (BPOA) stated the BPOA is opposed to the proposed conditional use
applications. In his opinion, Mr. Glickstein stated the proposed project representing a
series of overly massive and imposing structures that are not compatible with the
surrounding uses and building heights, will denigrate Veteran's Park, will create traffic
jams east and west of the Atlantic Avenue bridge and will tarnish the gateway to and
from the Intracoastal and beach areas. He urged the Commission to deny the applicant's
application.
Jav Bailvn. 103 S.E. 4th Avenue #301. Delrav Beach. strongly supports
the project and stated as a resident he would like the ability to shop and live in this city.
He stated the more residents and retail space we put in the centralized downtown area the
less the traffic will be in the long run.
Vertis Clav. 417 S.W. 8th Avenue. Delrav Beach. stated she has lived in
Delray Beach for over 40 years and supports the project. She feels this project will help
create jobs and will entice the younger generation to come back to Delray Beach.
Barbara Havnes. 425 S.W. 15th Avenue. Delrav Beach (owner of a
Davcare facility). stated she has lived in Delray Beach since 1942 and has witnessed
many changes. She supports the project because she feels it will help create job
opportunities for the younger generation.
Queen Owens. 328 N.W. 2nd Avenue. Delrav Beach. stated she came
here in 1942 and echoed comments expressed by Barbara Haynes. She urged the
Commission to support the project keeping in mind the future of our children.
Cecelia Boone. 239 N.E. 1st Street.. Delrav Beach. supports the project
and stated that the density is a function of the design and this proposal with the setback is
something new. She stated this is what young people want to see and the city needs the
retail services downtown so that people can walk to the shops and not have to drive. Ms.
Boone expressed concern that the traffic issues need to be addressed with traffic calming,
etc.
Kai Holml!ren. resident of Delrav Beach. thanked the Commission for
everything they have done for this city. He supports the project and feels it will enhance
Delray Beach.
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12/06/05
Richard Edick. 615 N. Ocean Boulevard. Delrav Beach. stated he just
heard about this project a few weeks ago at the Beach Property Owners' Association. He
stated this is a major project that will affect the community and the citizens. He stated it
has not been well publicized and feels the citizens deserve a fair opportunity. Mr. Edick
urged the Commission to scale back this project to something that is less dense yet still
achieves what the City of Delray Beach needs in terms of retail, jobs, and commercial.
Furthermore, he suggested that the Commission send this project back for further review
and allow the citizens time to understand and review the traffic studies, parking studies,
and the performance criteria.
Bruce Goldstein. 100 Atlantic Avenue. Delrav Beach (business owner).
stated he has been in the hotel and restaurant business for 29 years and he supports the
project. He stated he loves the way the project is setback after the first two stories and
believes it has been very well thought out. Mr. Goldstein stated he read the Delray Beach
Master Plan and the Cluster Study and is convinced that the Central Business District
(CBD) will not be vibrant in many years in the future if projects of this nature that are so
well thought out are not allowed to be developed.
Patsy Westall. 1102 SeasDrav Avenue. Delrav Beach. stated in the last
fifty years there has been mostly healthy growth without sacrificing the charm that makes
Delray Beach special and different from the neighboring communities to the north and
the south. However, in her opinion, she stated this project takes us in the wrong direction
not because Atlantic Plaza currently does not meet potential in terms of tax revenues but
because what is being proposed is overwhelming. Ms. Westall stated the proposed
project is too tall, too dense, and it will add to the current traffic congestion on Atlantic
Avenue. She urged the Commission to send the applicant back to the drawing board and
have them re-submit a proposal keeping in mind what many people hope will continue to
be the village by-the-sea.
Maureen Ruthman. 1555 S. Federal Hiehwav. Delrav Beach (works in
downtown Delrav Beach) supports the project and stated she relies on downtown Delray
for social, entertainment, and business. She stated this project will help to enhance
everyone's lifestyle, add to property values, and add to the vibrancy of downtown Delray
Beach.
Edward DeeaDs. new resident from Connecticut. stated he lived in
Connecticut and worked in New York and spent three hours a day commuting. He would
like to live, work, and shop in Delray Beach.
June Hefti. 1000 Lowry Street. Delrav Beach. agrees that Atlantic Plaza
needs to be redeveloped; however, she urged the Commission to postpone the vote and
look further into the project limiting the developer to four stories and 30 dwelling units
per acre that conforms to the village by-the-sea.
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Arthur Buttner. 2677 N. Albatross Road. Delray Beach. supports the
project and believes it is an excellent project that will enhance Delray Beach. He
encouraged everyone to trust the process that is in place.
Mark Adrien.ll02 Waterway Lane. Delray Beach. supports the project
and stated he knows the developer and he is an honest person.
Scott Newcomb. 200 Lindell Boulevard. Delray Beach. stated he works
at a restaurant in the downtown area and stated the foot traffic is the bread and butter.
The more stores and residential units that are put into this area will increase the revenue
coming into the community. He stated one of the benefits of the proposed project is that
the prices of homes will go up in value and the downfall is that the traffic can increase.
He stated no one knows the facts of what the traffic will be like with this project but the
building fits the codes. Mr. Newcomb stated we need the growth and the project will
help improve the area and the community as a whole.
Brett Foreman. recent homeowner in Delray Beach. commended the
community for being proud of the progress in Delray Beach over the last several years
and stated this will help to increase the tax base for the services that everyone enjoys. In
his opinion, Mr. Foreman stated half the traffic is looking for a parking space and this
provides 800 parking spots. Some of the residents that everyone is criticizing for having
two cars may be part-time residents and feels there will be plenty of additional parking
spaces for someone to go as a destination and frequent the retail and the restaurants as a
pedestrian. Overall, he supports the project and feels this is added progress.
Eric HUl!:hes. 1915 Lavers Circle. Delray Beach. stated change is
inevitable and he feels the project is aesthetically pleasing. He stated he has lived here
for over three years and he really likes living in Delray. Mr. Hughes stated this is an All-
American City and is a town he is glad they did not shut the doors on 3 ~ years ago
because he would not have had the opportunity to live and work here. He stated he
would hate to see the doors shut for future residents and businesses to come into Delray.
Stephanie Harris. 3240 Delray Bay Drive. Delray Beach. (originally
from Fort Lauderdale) supports the proposed project. She stated she spent her high
school years taking weekend trips to Palm Beach County and after graduating from
college she left Fort Lauderdale to relocate to Palm Beach County. She stated she has
worked in Palm Beach County for the last ten years and recently relocated from Boynton
Beach to Delray Beach. Mrs. Harris stated she and her family really enjoy the downtown
and the activities in Delray Beach.
Kim Griffin. resident of Delray Beach. stated she supports the proposed
project. In her opinion, she stated one of the downsides to Delray Beach is she has to
travel to other places and neighboring cities for entertainment and shopping. Ms. Griffin
stated she would like to be able to do things right here in Delray Beach rather than go to
other cities. She feels there is a traffic issue because people have to drive to other places
and does not think there would be a major traffic issue if more people are able to walk.
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12/06/05
Furthermore, Ms. Griffin stated we have to consider our future and she feels this change
would be for the betterment of the community.
Michael Sine:er. 901 N.E. 5th Street. Delrav Beach (orofessor at
Florida Atlantic University) stated he is excited to know there are other fellow citizens
that feel the same way he does about this project. He expressed concern over what is
happening to Delray Beach and the comments expressed this evening (i.e. tunnel, cookie
cutter, generic). Mr. Singer stated people do not want to lose the quality of life that is
here and what makes Delray Beach special and the "All America City". Mr. Singer
stated he does not see how a project like this opens the door for young people or how it
addresses the concerns of young people (i.e. environmental health issues and good
planning). He urged the Commission to re-visit the Delray Beach Master Plan.
Gary Goldfarb. owns Atlantic Antique Mall. supports the project and
urged the Commission to support it.
Milan Heida. owner of Sonoma Cafe & Bistro. 640 Atlantic Avenue.
Delrav Beach. supports the project because she feels this will help her business.
Brad Dowler. 1 Harbourside Drive Unit #1701. Delrav Beach. strongly
supports this project and stated this would be a great attraction for the City of Delray
Beach.
Timothv Marks. 218 N.E. 7th Avenue. Delrav Beach. is opposed to the
proposed project. He stated although he is for progress, in his opinion the height is too
high to walk through and look at compared to the surrounding areas.
Jeff McDonald. 1405 S. Federal Hie:hwav. Delrav Beach. stated he has
worked on Atlantic Avenue for the last four years (east of Federal Highway west of the
Intracoastal) and has personally seen that this area needs a lot of help. He stated many of
the younger people are not present this evening expressing their opinion because they are
working 2-3 jobs to live here in Delray Beach. Mr. McDonald stated a project of this
nature will increase immensely not only in enthusiasm and growth, but also for the
business owners in the area and he urged the Commission to vote in favor of this project.
Jackson Lane:ford. 812 N.E. 1st Court. Delrav Beach (resident of
Delrav Beach for 11 years). stated growth is inevitable but controlled growth is
preferred. He commented about the language in the Master Plan and stated the protection
of the integrity of the neighborhoods and the traffic is absolutely critical. He stated the
traffic is currently immense and feels if a project of this size were approved would be a
huge undertaking especially having pedestrians walking to and from Veteran's Park. Mr.
Langford urged the Commission to not support this project because he feels it will ruin
the charm and uniqueness of Delray Beach.
Jav Jacobson. 222 N.E. 8th Avenue. Delrav Beach. stated this is like no
other place in the United States and it is working. He stated to continue to make it work
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12/06/05
the city needs more people here and something for those people to do when they come to
Delray. Mr. Jacobson stated the mixed-use zoning is the way to go and suggested that the
City of Delray Beach have some sort of exclusionary zoning for price protection in order
to get additional economic diversity into any project done in the city.
SteDhen Larson. 215 N.E. 7th Avenue. Delray Beach. opposed to this
project primarily due to the density and the traffic. He stated there are currently major
issues with traffic on ih Avenue and has become progressively worse in the last year.
Mr. Larson stated there are people who have lived in Delray Beach a long time who
know the city and are adamantly against this project and there is another group who are
very much in support of the project who appear to have an economic interest in the
project. He stated in Lake Tahoe (where he owns a second home), growth has been
stifled to protect the area and home prices have increased tremendously. Mr. Larson
stated Lake Tahoe, as a single market, has had the highest growth in the past five years
more than anywhere else in this country only challenged by Delray Beach. In his
opinion, he stated that people are moving to Delray Beach because of its uniqueness and
to not be congested. He suggested that the developer come up with a down-scaled
version of the plan and charge more for each unit.
Kevin Warner. 248 Venetian Drive. Delray Beach. commended the
Fire-Rescue Department for their response time to when there is an emergency because
of their well managed resources. He expressed concern for the day when more projects,
more congestion, and more blocked roadways will mean that public safety is at risk
because it takes longer for the ambulance to arrive. Mr. Warner stated this project could
provide just as many wonderful amenities and benefits for the downtown if it were
smaller. He encouraged the Commission to vote against this project.
Steve Miskew. 819 N.E. 1st Court. Delray Beach. stated he is in favor of
the project and stated many of the people in the city have benefited greatly from the
changes that have taken place in the city (the revitalization and the enhancement) which
he believes is a manifestation ofthe Master Plan.
Mark Fields. 414 Seasae:e Drive. Delray Beach. stated he does not see
anything wrong with the building but is what is in the building. He expressed concern
over the increased traffic in the area and commented that the traffic has gotten worse.
Mr. Fields suggested that there be a bond referendum and the City buy the property and
turn it into either a larger Veteran's Park or affordable housing for people to live in.
Carl Nimbock. 65 N.E. 4th Avenue. Delray Beach. strongly supports this
project and stated it will add to the revitalization ofthe city.
Jack Maloney. 239 Palm Trail. Delray Beach. stated he and his wife
own businesses in Delray Beach and are vehemently opposed to this project. He stated
the project is beautiful but in his opinion is out of scale for Delray Beach. He stated his
children love Veteran's Park and feels the project will only denigrate the park. Mr.
Maloney supports prudent change and feels we risk losing what makes Delray Beach
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12/06/05
charming by placing a project of this magnitude on Atlantic Avenue.
Barry Bernstein. owner of the 2as station on Atlantic Avenue. stated
this is an aesthetically pleasing project for the area and feels this will be good for Delray
Beach.
Dr. Annette Annechild. 300 North Swinton Avenue. Delray Beach.
participated in the last graduating class for the Delray Beach Residents Academy, stated
there is no question that Atlantic Plaza does not work well for Atlantic Avenue.
However, she stated this project is not Delray Beach for the people who live here and in
her opinion the only benefit is if one sells their house. Dr. Annechild stated she does not
want to sell her house and wants to be able to afford to live here.
Kyle Kuberski. 345 N.E. 8th Avenue. Delray Beach. stated his
profession is construction and understands the iterations that design goes through. He
expressed concern over the traffic that would be traveling through his neighborhood if the
project is approved. He urged the Commission to send this back to the developer for re-
design and to come up with a more creative solution.
Norman Weinstein. 411 N.E. 7th Avenue. Delray Beach. stated he too
shares many of the concerns expressed this evening by his neighbors. He stated the city
has a roadmap for development of the downtown area which is the Master Plan. He
asked where was the discussion when the Master Plan was being developed and the
concept of conditional use and density were being implemented. Mr. Weinstein stated
this project appears to be consistent with the plan which addresses most of the issues that
are in the Master Plan. He stated it would be inappropriate at this time to reject this
project because he feels whether it is 300 units or 200 units there are going to be the same
traffic problems, etc. voiced by people this evening.
Gre2 VanWormer. 722 N.E. 1st Court. Delray Beach. stated he wrote a
letter to the Commission and he is opposed to the project. He stated he is not against the
architecture or the essence of the project. However, Mr. VanWormer stated the scale is
too large for the town we live in and if approved, he feels it will change the way the city
is to live in.
John Bennett. 137 Seabreeze Avenue. Delray Beach. speaking on behalf
of Progressive Residents of Delray (PROD), stated there have been a number of
conditional uses for increased height and/or density but never one fronting on Veteran's
Park or abutting directly on Atlantic Avenue. He stated this provides a rationale basis for
distinguishing the previous cases from the one at hand. He stated Veteran's Park is a
greatly used park with activities for children, a place where ceremonies and concerts are
held and Atlantic Avenue is the lifeblood. PROD suggests sending this back to the
developer for redoing of some of the project so that the buildings along Atlantic Avenue
and Veteran's Park are lower with less density. Mr. Bennett urged the Commission to
come up with a compromise.
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12/06/05
Mr. Levinson commented about an email from the President of PROD.
Gerry Franciosa. 939 Eve Street. Delrav Beach. stated the email was
sent to the Commission because PROD has a Board of 12 members and the majority rules
and the majority has decided to not support this project.
Walter Baris. 220 MacFarlane Drive #S-701. Delrav Beach.
congratulated the Commission for enormous development that has been created in this
area. He stated the two things that have accounted for this is because Delray Beach is (1)
unique and (2) a village by-the sea. He stated this project does not belong here and in his
opinion will not add to the uniqueness and village by-the-sea character of the community.
Mr. Baris stated the people who have made this town grow were the people who wanted
to preserve the uniqueness and the village by-the-sea.
At this point, Chevelle D. Nubin, City Clerk, swore in the following
individual:
Robert Goldstein. entered his resume and Qualifications into the
record. stated he was invited to review this project by staff and after reviewing it does
not believe that the criteria have been met with regard to LDR Section 2.4.5(E). He
stated he believes this project has a detrimental impact on the neighboring developments
and residential developments. He stated the impact is not only because of the height and
density of the building but because of the traffic (which has not been studied in depth).
Mr. Goldstein stated this project is too intense a use for this site and area without fully
studying the other impacts to the neighboring residential developments and the road
infrastructure. In addition, Mr. Goldstein stated because of the size of the development,
he believes it will have a negative impact on development and redevelopment in the
surrounding area. He urged the Commission to do further research and reconsider the
density that is being proposed.
David Stevens. 321 Palm Trail. Delrav Beach. opposes the largeness of
the project and stated it does not fit the character of Delray Beach. He urged the
Commission to have the developer go back and make this a smaller project.
Elizabeth Vance. 50 East Road. Delrav Beach. urged the Commission to
reconsider this proposal. She stated there are three more large projects proposed in this
area and feels the traffic and the density will increase.
Alex Gomez. stated he grew up in Delray Beach and feels a project like
this could benefit the stores on Atlantic Avenue and help bring in pedestrian traffic.
At this point, Chevelle D. Nubin, City Clerk, swore in the following
individual:
Luca Bizzotto. 300 N.W. 220d Street. Delrav Beach. stated in his
opinion many of the negative points are about change and he feels Delray Beach has
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12/06/05
become the All America City because it has not been afraid to make a change. He feels if
we start to hinder these projects, the developers will go somewhere else to build. Mr.
Bizzotto stated right now we are the All America City because we are different from
Boca Raton and other surrounding cities.
Mar!!ie Kellmans. 46 Marine Way. Delray Beach. stated once this
project is built it will look nothing like the architectural renderings. She stated this is a
huge project that does not fit in this area and stated the developer will still make money if
the project is smaller.
Shirley Johnson. 701 N.W. 4th Street. Delray Beach. strongly suggested
that this be taken back to the developers and see if they can incorporate what the citizens
believe is a village by-the-sea concept.
Kathy Fazio. 1118 Harhor Drive. Delray Beach. opposes the project
and hopes the Commission will reconsider this project.
Harold Jones. owner of the Delray Inn and resident of Delray Beach.
stated he supports the project and noted that the economic growth will benefit not only
the plaza and the surrounding property everyone will benefit substantially from this
project.
Kathy De!!root. 134 S.W. 5th Avenue. Delray Beach. stated she IS
opposed to this project and urged the Commission to not support this project.
Chuck Halher!!. 4870 S. Classical Boulevard. Delray Beach. supports
the project and sees this as a great element to the downtown.
Mary Walton. 905 Bond W av. Delray Beach. urged the Commission to
reconsider the size of this project. She stated she is not opposed to having this property
redeveloped but reconsider the magnitude ofthis project.
Jayne Kin!!. 3400 Place Valencay. Delray Beach. stated instead of
"village by-the-sea" she is hearing "pillage by-the-sea" and urged the Commission to
think carefully about what the decision is going to do for the future of Delray Beach. Ms.
King urged the Commission to balance out the wishes of the residents along with the
needs of the business community and come up with a smart solution to this dilemma.
There being no one else who wished to address the Commission regarding
the conditional use for Atlantic Plaza, the public hearing was closed. Mayor Perlman
thanked everyone from the public who spoke on this item this evening.
Mr. Weiner came forward and gave the following cross-examination.
Michael Weiner asked Mr. Dorling if the staff report is correct in its
conclusion. In response, Mr. Dorling stated that "yes" the staff report is correct.
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12/06/05
At this point, Mr. Weiner gave a brief rebuttal.
At this point, Mayor Perlman again thanked everyone for coming to the
meeting and investing their time on an important issue.
The City Manager expressed concern over two issues. One is
compatibility with the park and he stated on the park side he would be more comfortable
if it were stepped back in the same manner it is from ih Avenue so it does not
overshadow the park so much. Secondly, the City Manager stated in reviewing the list of
ten projects that have received conditional uses since 1999 with the single exception of
Worthing Place, the density being requested is higher than any other of these projects and
although they meet the conditions precedent to receiving an increase, he is not sure it is
justified at the level at which it has been requested. The City Manager stated there are
only three out of the ten that received more than 40 units per acre.
Mayor Perlman stated he does not feel that this is a discussion about
whether or not to develop the Atlantic Plaza but is an issue on how to do it and how to
maintain the ambience and character of the downtown.
Mr. Levinson stated the issue tonight is about whether or not to grant a
conditional use which will allow the applicant to go from 48 feet to 60 feet and a
conditional use to allow them to go from 38 units to 42.7 units to the acre. He stated the
surrounding area is not just the developable area of single family homes or multi-family
homes to the north or Federal Highway to the west but includes Veteran's Park. He
expressed concern over this project having a detrimental affect on the park and stated
based on some of the expert testimony today, he believes this project may have a
significant detrimental affect on the surrounding areas.
Mrs. Archer stated she likes the project; however, expressed concern over
how it may overshadow Veteran's Park and feels it may have a negative aspect to it. She
stated she would feel more comfortable if the project were appropriately set back. Mrs.
Archer also expressed concern that there have been various developments in the
community and the developer then sells that property to another developer and then
requests come back to the Commission requesting that additional changes be made. She
stated that if and when this project is approved, she suggested that all the approvals are
conditioned upon the same ownership being maintained and that if indeed the ownership
changed prior to it being built, that it comes back before the Commission.
The City Attorney stated this is not legally permissible because the zoning
approval goes with the land.
Mrs. Ellis stated she has lived in Delray Beach for approximately 35 years
and stated this is a great project; however, she expressed concern over Veteran's Park.
She stated expert testimony was given this evening about development of the surrounding
neighborhoods but none of it addressed how this project is going to impact Veteran's
Park. She stated she does not believe the Commission received the expert testimony they
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12/06/05
need to fully determine the impact on Veteran's Park which she feels is essential to
Delray Beach and must remain intact and available to the residents.
Ms. McCarthy stated the architectural drawing is appealing and
outstanding. She stated the developer has adhered to the design guidelines and the step
backs which means instead of having a straight wall up and down there is one building,
then the next layer is pushed back, and so on so that it is not visible. She stated as this
project goes through the committees it has to go through and they are reviewing the
specifics of this plan she is certain that the people who sit on these committees will be
very sensitive to how people will get in and out of Veteran's Park. Ms. McCarthy stated
when a structure is going to be put on a comer she has to think of the entire city and
looking at the impact of the immediate blocks and when she travels east and west on
Atlantic Avenue and because she knows there is a George Bush Boulevard and a Linton
Boulevard she has the ability to travel George Bush Boulevard to get to A-I-A or Linton
Boulevard. She stated everyone has the ability to do this as well. Ms. McCarthy stated
we have had smart and controlled growth in the City of Delray Beach and noted that there
is a period of smart growth at this time that will not be forever. Ms. McCarthy stated the
downtown is being developed so that the next decade from here you will never go back to
the days when the tumbleweeds went down the road. Ms. McCarthy stated there could be
four story buildings that are vacant because you do not have the people to support what is
in there and live there any longer. With regard to the infrastructure, she stated the city
has a capital budget which has been addressed in the improvement of the infrastructure
throughout the city because it was time to upgrade it. She stated hopefully every ten
years the infrastructure will be looked at and when it is deemed necessary to have the
dollars in the budget to continue doing it. Furthermore, Ms. McCarthy stated the
maintenance is imperative as well as the improvement.
The City Attorney stated Michael Weiner has approached her and has
indicated that he would like to address the park issue in their planning and it might result
in a lower density to some degree. If the Commission wishes to do so, we can postpone
the actual vote on this and if the Commission needs to hear other expert testimony for
themselves it would give the opportunity to come back and reopen the hearing for other
testimony regarding the park. The City Attorney stated Mr. Weiner's proposal is that the
Commission not vote on this so they have a chance to re-work it and present something
that would not affect the park so greatly.
Mr. Levinson stated his comments were not solely regarding Veteran's
Park but believes the proposed project does not meet LDR Section 2.4.5(E)(5) which
deals with significant detriment to the surrounding area.
Ms. McCarthy stated she would like the developer to address the citizens
concerns and make those modifications.
Mrs. Ellis stated she is in favor to postpone this item and gIVe the
developer a chance to address the citizens concerns.
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12/06/05
Brief discussion by the Commission followed.
Mr. Dorling stated depending on the scale of the change it may have to go
through the Planning and Zoning Board.
Mrs. Archer moved to approve to postpone the conditional use request for
Atlantic Plaza, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows:
Ms. McCarthy - Yes; Mayor Perlman - No; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr.
Levinson - No. Said motion passed with a 3 to 2 vote, Mayor Perlman and
Commissioner Levinson dissenting.
At this point, the Commission took a five minute break.
At this point, the time being 9:51 p.m., the Commission moved to the duly
advertised public hearings portion of the agenda.
to.
PUBLIC HEARINGS:
to.A. ORDINANCE NO. 79-05: Privately initiated amendment to the Land
Development Regulations Section 4.6.9, "Off-Street Parking Regulations", and Appendix
"A", "Definitions", to establish a parking fee and provide a definition for a public parking
facility and programmed public parking facility.
The caption of Ordinance No. 79-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA, OF THE
CITY OF DELRA Y BEACH, AMENDING APPENDIX
"A", BY ADDING DEFINITIONS OF A PUBLIC
PARKING FACILITY AND PROGRAMMED PUBLIC
PARKING FACILITY; AMENDING ARTICLE 4.6,
"SUPPLEMENTAL DISTRICT REGULATIONS" OF
THE LAND DEVELOPMENT REGULATIONS BY
AMENDING SECTION 4.6.9(E), "LOCATION OF
PARKING SPACES" BY CREATING A NEW
SUBSECTION 4.6.9(E)(4), "PARKING FACILITY
PAYMENT" TO ESTABLISH AL TERNA TIVE
PROVISIONS FOR ACCOMMODATING REQUIRED
PARKING, WHEN NOT PROVIDED ON-SITE,
PROVIDING FOR RENUMBERING; PROVIDING A
SAVINGS CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official record of Ordinance No. 79-05 is on file in the City Clerk's
Office. )
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12/06/05
The City Attorney stated the ordinance has been changed in light of the
Commission comments last week so that it requires another first reading. The applicant
has requested that this be postponed until December 13,2005 for a first reading.
to.B. ORDINANCE NO. 56-05 (ADOPTION HEARING FOR
COMPREHENSIVE PLAN AMENDMENT 2005-2): Consider on second reading an
ordinance adopting Comprehensive Plan Amendment 2005-2 and associated Future Land
Use Map (FLUM) amendments, Amendment 2005-2 includes:
The caption of Ordinance No. 56-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
ADOPTING COMPREHENSIVE PLAN AMENDMENT
2005-2, PURSUANT TO THE PROVISIONS OF THE
"LOCAL GOVERNMENT COMPREHENSIVE
PLANNING AND LAND DEVELOPMENT
REGULATION ACT", FLORIDA STATUTES SECTION
163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS
MORE P ARTICULARL Y DESCRIBED IN EXHmIT "A"
ENTITLED "COMPREHENSIVE PLAN AMENDMENT
2005-2" AND INCORPORATED HEREIN BY
REFERENCE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official record of Ordinance No. 56-05 is on file in the City Clerk's
Office. )
1. Text Amendments:
a. Future Land Use Element - Modification of the description of
the Medium Density FLUM designation to include provisions
for increased density to 24 units per acre for the Carver
Estates Overlay District and to a maximum of 18 units/acre
within the boundaries of other special overlay districts to
accommodate higher density residential development subject
to the provision of workforce housing.
b. Future Land Use Element - Modification of the description of
the Transitional FLUM designation to include provisions for
increased density to a maximum of 18 units/acre within the
boundaries of special overlay districts to accommodate higher
density residential development subject to the provision of
workforce housing.
c. Future Land Use Element - Modification of the description of
the General Commercial FLUM designation to include
prOVlSlons for increased density to a maximum of 18
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12/06/05
units/acre within the boundaries of special overlay districts to
accommodate higher density residential development subject
to the provision of workforce housing.
Future Land Use Element - Add policy regarding creation of
an overlay district for the Congress Avenue Corridor to
encourage the development of Class A corporate offices.
Future Land Use Element - Add new objectives and policies
to support the City's workforce housing initiative.
Transportation Element - Add policy regarding the change of
N.E./S.E. 15t Streets from one-way back to two way traffic.
Transportation Element - Add policy regarding enhancement
of the US-I corridor (N.E./S.E. 5th Avenue and N.E./S.E. 6th
Avenue) between N.E. 4th Street and S.E. 4th Street through
beautification and the provision of improved parking and
pedestrian circulation.
Transportation Element - Add policy to seek the reduction of
the ultimate right-of-way for Federal Highway from 120 feet
to 102 feet, north of George Bush Boulevard.
Housing Element - Revise "Analysis" section to update
information pertaining to historically significant housing.
Open Space and Recreation Element - Update "Analysis",
"Conclusions" and ''Needs and Recommendations" sections to
reflect updated conditions and to be consistent with the
adopted City of Delray Beach Parks and Recreation System
Master Plan.
Capital Improvement Element - Modify Table CI-CIP (5-
Year Capital Improvements Schedule for Projects> $25,000)
to reflect adoption of the FY 2006-2010 Capital Improvement
Program.
Capital Improvement Element - Modification of Table SD-
CIP. This table is the School District's Six Year Capital
Improvement Schedule referenced in CIP Element Policy A-
8.3.
m. Public Schools Facilities Element ~ Updated Concurrency
Map Series for the School District (Maps PS 1.1; PS 2.1; PS
3.1; and PS 3.2).
d.
e.
f.
g.
h.
1.
J.
k.
1.
2. Future Land Use Ma? Amendments:
a. Future Land Use Map amendment from LD (Residential Low
Density 0-5 du/ac) in part and GC (General Commercial) in
part, to OS (Open Space) for the public park within the Bexley
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12/06/05
Park Subdivision located on the east side of Military Trail
north of the L-31 Canal.
b. Future Land Use Map amendment from County CH-8
(Commercial High with an underlying High Residential, 8
units per acre) to City GC (General Commercial), in part, and
TRN (Transitional), in part for Valero Gas Station, Watkins
Motor Lines, and Public Self Storage, Inc., located on the
west side of Military Trail, 100 feet north of Conklin Drive.
c. Future Land Use Map amendment from RDA-3
(Redevelopment Area #3) to MD (Residential Medium
Density 5-12 duJac) for the Lee Burke property, located on the
north side of Linton Boulevard, 660 feet west of S.W. 4th
Avenue.
d. Future Land Use Map amendment from RDA-3
(Redevelopment Area #3) to MD (Residential Medium Density
5-12 duJac) for Lintco multi-family site, located at the
northwest comer of Linton Boulevard and S.W. 4th Avenue.
e. Future Land Use Map amendment from County HR-8 (High
Residential -8 duJac) to City MD (Medium Density Residential
5-12 duJac) for Gramercy Square II, located on the west side of
Military Trail, approximately 700 feet south of Atlantic
Avenue.
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.
Ron Hoggard, Senior Planner, entered the Planning and Zoning
Department project file #2005-267, #2005-277, #2005-287, #2005-268, #2005-260,
#2005-261, #2005-291, #2005-292.
Mr. Hoggard stated Comprehensive Plan Amendment 05-2 was reviewed
on first reading on August 2, 2005 and transmitted to the Florida Department of
Community Affairs for their review. The Amendment included three (3) City initiated
Future Land Use Map Amendments, one (1) privately initiated Future Land Use Map
Amendment, and nine (9) text changes. DCA staff reviewed the transmitted amendment
and issued the attached Objections, Recommendations, and Comments (ORC) Report on
October 6,2005. The ORC report contains three objections dealing with issues related to
the proposed modification of the descriptions of Medium Density, Transitional and
General Commercial Land Use Categories to allow densities to exceed 12 units per acre.
On September 20, 2005, the City Commission approved the Annexation, small scale
FLUM Amendment and Rezoning for Gramercy Square II. However, DCA has since
determined that the FLUM Amendment does not meet the requirements for small scale
amendments and needs to go through the regular (twice a year) amendment process. This
was due to the potential density above the 10 duJac in the proposed MD FLUM
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12/06/05
designation. To expedite the process, this FLUM amendment was added to
Comprehensive Plan Amendment 2005-2. Mr. Hoggard stated several other changes to
the Amendment are also being made prior to adoption the City Commission approved the
revised Amendment on first reading of the Ordinance on November 15,2005. In addition
to the above changes, an additional Future Land Use Element Objective, with Policies, is
being added to support the City's Workforce Housing initiatives.
At its meeting of November 21, 2005, the Planning and Zoning Board
considered the ORC Report and the Board voted 6-0 (Borchardt absent) to recommend
that the City Commission adopt Comprehensive Plan Amendment 2005-2 on second and
final reading and that the response to the ORC Report be transmitted to the State with the
adopted amendment. Mr. Hoggard briefly reviewed the ORC Report and the three
objections that related to the overlay districts.
Mayor Perlman declared the public hearing open.
Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, suggested that the
text in Item I.G. be changed from "beautification and the provision of improved parking
and pedestrian circulation" to "beautification, wider sidewalks, a wider standard width
parking lane and bicycle lanes."
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 56-05, the public hearing was closed.
Prior to the vote, Mr. Dorling stated staff talked to the Florida Department
of Transportation (FDOT) on this issue and the language as stated does not preclude
putting in bicycle lanes as they have indicated they are going to mandate. Therefore,
staff does not see the need for this change.
Mr. Levinson moved to approve Ordinance No. 56-05 adopting
Comprehensive Plan Amendment 2005-2, seconded by Mrs. Ellis. Upon roll call the
Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
10.C. THIS ITEM HAS BEEN POSTPONED TO JANUARY 3.2006 DUE
TO FURTHER ADVERTISING.
10.D. ORDINANCE NO. 60-05: Rezoning from R-I-A (Single Family
Residential) to RM (Medium Density Residential) for a 7.05 acre parcel of land for
Lintco Properties, generally located at the northwest comer of Linton Boulevard and
S.W. 4th Avenue. (Quasi-Judicial Hearing)
The caption of Ordinance No. 60-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
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12/06/05
ZONED R-I-A (SINGLE FAMILY RESIDENTIAL)
DISTRICT TO RM (MEDIUM DENSITY
RESIDENTIAL) DISTRICT; SAID LAND BEING A
PARCEL LOCATED AT THE NORTHWEST
CORNER OF LINTON BOULEVARD AND SW 4TH
AVENUE AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRA Y
BEACH, FLORIDA, APRIL 2005"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(The official record of Ordinance No. 60-05 is on file in the City Clerk's
Office. )
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Perlman asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, stated the project files
have been entered into the record with respect to the FLUM amendment. Mr. Dorling
stated this is a twelve parcel piece of property that was in the S.W. 4th Redevelopment
Plan Area. The Redevelopment Plan Area #3 Future Land Use Map designation and R-l-
A (Single Family Residential) zoning designation were retained as a "holding" zone until
a specific development proposal was submitted. A development proposal has been
submitted to construct a multiple family development that will include workforce housing
on the properties.
At its meeting of July 18, 2005, the Planning and Zoning Board held a
public hearing in conjunction with the FLUM amendment and Rezoning. There was no
public testimony and after discussing the FLUM amendment and rezoning, the Board
voted 6-0 to recommend approval.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 60-05,
the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 60-05 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes. Said motion passed with a 5 to 0 vote.
10.E. ORDINANCE NO. 76-05: Rezoning from County GC/SE (General
Commercial/ Special Exception) to GC (General Commercial) for a 0.96 acre parcel of
land for Valero Gas Station, located on the west side of Military Trail, 100 feet north of
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12/06/05
Conklin Drive. (Quasi-Judicial Hearing)
The caption of Ordinance No. 76-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
ESTABLISHING INITIAL ZONING OF GC (GENERAL
COMMERCIAL) DISTRICT; SAID LAND BEING A
PARCEL LOCATED ON THE WEST SIDE OF
MILITARY TRAIL, 100 FEET NORTH OF CONKLIN
DRIVE AS MORE P ARTICULARL Y DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRA Y
BEACH, FLORIDA, APRIL 2005"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
Office. )
(The official record of Ordinance No. 76-05 is on file in the City Clerk's
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.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, stated this is a 0.96 acre
site which contains Valero Gas Station which was annexed into the city via Ordinance
No. 63-05. A related Future Land Use Change from County CH-8 (Commercial High
with an Underlying High Residential, 8 du/ac) to City GC (General Commercial) is
accompanying this request and is being processed as part of Comprehensive Plan 2005-2.
At its meeting of July 18, 2005, the Planning and Zoning Board held a
public hearing in conjunction with the request and after discussing the proposal, the
Board voted unanimously to recommend approval based upon finding the request is
consistent with the Comprehensive Plan and positive findings with respect to LDR
Sections 3.1.1, 3.2.2, and 2.4.5(D)(5).
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 76-05,
the public hearing was closed.
Ms. McCarthy moved to adopt Ordinance No. 76-05 on Second and
FINAL Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as
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12/06/05
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman
- Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote.
10.F. ORDINANCE NO. 77-05: Rezoning from County GC/SE (General
Commercial! Special Exception) to SAD (Special Activities District) for a 4.72 acre
parcel of land for Watkins Motor Lines, located on the west side of Military Trail, 430
feet north of Conklin Drive. (Quasi-Judicial Hearing)
The caption of Ordinance No. 77-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
ESTABLISHING INITIAL ZONING OF SAD (SPECIAL
ACTIVITIES DISTRICT); SAID LAND BEING A
PARCEL LOCATED ON THE WEST SIDE OF
MILITARY TRAIL, 430 FEET NORTH OF CONKLIN
DRIVE AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRA Y
BEACH, FLORIDA, APRIL 2005"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
Office.)
(The official record of Ordinance No. 77-05 is on file in the City Clerk's
The City Attorney read the caption ofthe ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Perlman asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, stated the project files
have already been entered into the record as part of the Comprehensive Plan amendment
2005-2. Mr. Dorling stated this is 4.72 acre site which contains the Watkins Truck
Terminal which was annexed into the city via Ordinance No. 58-05 approved by the City
Commission on August 16,2005. A related Future Land Use Change from County CH-8
(Commercial High with an Underlying High Residential, 8 du/ac) to City TRN
(Transitional) is accompanying this request and is being processed as part of
Comprehensive Plan 2005-2. This is the related zoning from County designation CG/SE
(Commercial General Special Exception) to City SAD (Special Activities District).
At its meeting of July 18, 2005, the Planning and Zoning Board held a
public hearing in conjunction with this request. After discussing the proposal, the Board
voted unanimously to recommend approval.
- 26-
12/06/05
Mrs. Ellis moved to adopt Ordinance No. 77-05 on Second and FINAL
Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows:
Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs.
Archer - Yes. Said motion passed with a 5 to 0 vote.
10.G. ORDINANCE NO. 78-05: Rezoning from County GC/SE (General
Commercial! Special Exception) to SAD (Special Activities District) for a 3.45 acre
parcel of land for Public Self Storage, Inc, located on the west side of Military Trail, 270
feet north of Conklin Drive. (Quasi-Judicial Hearing)
The caption of Ordinance No. 78-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
ESTABLISHING INITIAL ZONING OF SAD
(SPECIAL ACTIVITIES DISTRICT); SAID LAND
BEING A PARCEL LOCATED ON THE WEST SIDE
OF MILITARY TRAIL, 270 FEET NORTH OF
CONKLIN DRIVE AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP
OF DELRA Y BEACH, FLORIDA, APRIL 2005";
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
Office. )
(The official record of Ordinance No. 78-05 is on file in the City Clerk's
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Perlman asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, stated this is a 3.45 site
which contains the Public Self Storage Facility and was annexed into the city via
Resolution No. 66-05 approved by the City Commission at its meeting of August 16,
2005. A related Future Land Use Map designation change from County CH-8
(Commercial High with an Underlying High Residential, 8 du/ac) to City TRN
(Transitional) is accompanying this request and is being processed as part of
Comprehensive Plan 2005-2. This is the associated rezoning from the County
designation of CG/SE (Commercial General Special Exception) to City SAD (Special
Activities District).
At its meeting of July 18, 2005, the Planning and Zoning Board held a
public hearing in conjunction with this request. After discussing the proposal, the Board
voted unanimously to recommend approval.
- 27-
12/06/05
Terri Myers, representing Public Storage, stated Public Storage objects to
the new rezoning on the basis of the loss of ability to repackage, develop the property,
update, modernize, and expand in addition to resulting loss of future potential revenue to
maintain and reinvest in their properties.
Brief discussion followed between the applicant and staff.
Mr. Dorling stated the current use of the property is the one that is being
allowed by the SAD ordinance. He stated this project was part of a water service
agreement executed in 1984 with the caveat that any kind of review would have to come
in and go through the City's review process as well as the County's to verify that if and
when they were annexed they would be consistent with the LDR's.
Mr. Levinson moved to adopt Ordinance No. 78-05 on Second and FINAL
Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items from the City Manager and the Public.
11.A.
City Manal!er's response to prior public comments and inquiries.
With regard to a previous concern expressed over the wording on the first
page of the agenda and how staff handles public comments on regular agenda items, the
City Manager stated the wording was changed in August 2005 to be identical to what is
in the Commission's Rules of Procedure. The City Manager stated he agrees that the
wording is perhaps not clear to someone who picks up the agenda and is not familiar with
how the City normally operates. Staff will review and see if they can make the language
clearer. He stated the City Attorney advised staff they will have to bring this back to the
Commission as an amendment to the Commission's Rules of Procedures so that the
language on the front page of the agenda is identical.
11.B. From the Public.
11.B.I. Jim Smith. 1225 S. Ocean Boulevard. Delrav Beach. speaking as
Chairman and Founder of S.A.F.E. (Safety As Floridians Expect), stated S.A.F.E. is an
organization of over 13,000 email members whose mission is to make Florida roadways
safer for motorists, pedestrians, and cyclists. He stated last year Representative Anne
Gannon drafted a Bill for S.A.F.E. that was sponsored by Senator Mandy Dawson and
was voted on by Representative Adam Hasner along with many other Palm Beach
County Legislators and the State completed the first ever Bicycle Facilities Study. Mr.
Smith stated two weeks ago S.A.F.E. went back to the Palm Beach County Legislators
and asked for a Pedestrian Study. Mr. Smith read into the record S.A.F.E.'s
recommendations to help make Florida's roadways the most bicycle, pedestrian, and
motorist friendly State in the United States and asked the Commission for their support.
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At this point, the time being 10:26 p.m., the Commission moved to Item
9.B. ofthe Regular Agenda.
9.B. APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE
BOARD ACTION/BERMUDA GARDENS: Appeal of the Site Plan Review and
Appearance Board's decision regarding Bermuda Gardens Townhomes, located at 924
Bermuda Gardens Road and South Ocean Boulevard. (Quasi-Judicial Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. Mrs. Ellis stated she spoke with Marie Horenburger. Mr. Levinson,
Mrs. Archer, Mayor Perlman, and Ms. McCarthy had no ex parte communications to
disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department proj ect file #2005 - 318 into the record.
Mr. Dorling stated the subject property consists of two platted lots,
totaling 0.33 acres (14,463 square feet) and contains a one-story single family residence.
The property is presently of MD (Medium Density Residential, 5-12 dwelling units per
acre). He stated while the prevailing land use pattern on the street is single family, the
entire street is zoned RM (Medium Density Residential) and the adjacent RM properties
to the north and south are also zoned RM. This application was appropriately analyzed
under the RM zone designations and the Site Plan review and Appearance Board made
the appropriate findings under the related LDR Sections.
The appeal has been filed and is in the City Commission documentation.
Mr. Dorling referenced a letter attacking the findings in the staff report and stated the
author of the letter has not sufficiently reviewed the LDR's to support the assumptions
made in this appeal. With respect to the applicability of the LDR sections, under
performance standards LDR Section 4.4.6(1)(2) it acknowledges that some of the
referenced standards may not be entirely applicable to small infill type residential
properties. For those types of projects the ultimate density should be based upon the
attainment of those standards which are applicable as well as development stability to
meet or exceed minimum requirements. Mr. Dorling stated some of these do not apply
because they are related to small infill type residential properties as this project is a 3 unit
townhouse development and therefore some of the performance standards do not apply.
He stated that the appeal letter indicates that all seven performance standards need to be
met and this is not correct. Mr. Dorling stated only those performance standards that are
applicable to projects that are not infill small developments are applicable, and only a
portion of those have to be complied with because they are not requesting the maximum
density. Mr. Dorling stated four ofthe seven performance standards do not apply and are
appropriately identified in the staff report. He stated the staff report and the Site Plan
Review and Appearance Board (SPRAB) made their appropriate findings because this
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project meets the definition of open space.
Michael W. Moskowitz. (appellant) Attornev with Moskowitz.
Mandell. Salim & Simowitz. P.A.. representinl! Robin and Ellen Sussman (residents
on this street). stated there are errors contained in the staff report adopted by the Board
in its entirety different from what has been explained by staff this evening. He
distributed photos to the Commission showing the street and the character of the single
family homes that are on both the north and south sides of the street. He stated there are
no multi-family homes on Bermuda Gardens Road. He stated what is being proposed is
not compatible with the single family homes and does not comply with Housing Element
Policy A-12.3 as it will result in a degradation of the neighborhood because it now inserts
a multi-family component into a single family neighborhood. Mr. Moskowitz stated staff
discussed the performance criteria and staff correctly pointed to a provision in the
performance criteria that states "there may be certain infill residential projects in which
the performance criteria are not applicable." However, he stated staff did not address
certain LDR regulations that are contained in the report adopted by the Board that are not
part of that exception. That exception applies to the seven performance criteria. He
stated a waiver of the 40 foot visibility triangle at this intersection is an unsafe situation
for cars, pedestrians, bicyclists and noted a waiver should not have been granted. He
referred to LDR Section 4.6.1 (4) Visibility at Intersections and stated incorrect criteria
were utilized in the granting of the waiver and for that reason alone this appeal must be
denied. In addition, Mr. Moskowitz stated there are deed restrictions on the properties
that were placed by a common owner many years ago and those deed restrictions restrict
utilization of this property to a single family home.
Beth McOwen. 917 Bermuda Gardens Road. Delrav Beach. stated
Bermuda Gardens Road is 415 feet long and is between A-I-A and the Intracoastal
Waterway. She stated Bermuda Road has no cul-de-sac and commented that there is no
way for service vehicles to turn around and in order for them to turn around they do so in
the private driveways. She stated the garbage backs up down the street and noted that
Bermuda Gardens Road is a private road. She stated the site plan does not address the
sub-standard road that is a private road that residents on this street pay to have paved.
Ms. McOwen stated that there is period of 8 feet that is paved road and for the traffic
problems alone this proposed project should be rejected.
Todd Armbruster. Attornev with Moskowitz. Mandell. Salim &
Simowitz. P.A.. 800 Corporate Drive. Suite #500. Fort Lauderdale. FL 33334. stated
this particular development cannot meet those performance standards and because they
cannot meet the performance standards they have not satisfied the requirements of the
LDR's and this project should have been denied.
Jason Mankon. Attornev with Weiner & Aronson. P.A.. 102 N.
Swinton Avenue. Delrav Beach. speakinl! on behalf of the developer (the oril!inal
applicant) Bermuda Gardens Townhomes L.L.C.. stated the property is located in the
RM (Medium Density Residential) zoning district and has a Future Land Use designation
of MD (Medium Density). He stated this is not the typical single family neighborhood
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but instead is a street that has single family homes on it. Mr. Mankoff stated they adopt
the findings in the staff report and have met the substantial competent evidence to meet
the open space requirements of LDR Section 4.3.3(O)(4)(d), the performance standard
requirements of Section 4.4.6(1) and Section 4.6. 14(A)(2) concerning the waiver for a site
visibility triangle. Furthermore, he stated a letter from the architect is enclosed in the
City Commission documentation which reinforces the staff report and provides further
substantial competent evidence. He strongly believes that the appeal should be denied
and he urged the Commission uphold SPRAB's decision.
Mr. Moskowitz (appellant) gave a brief rebuttal and stated that the staff
report does not address "shall not create an unsafe situation." Mr. Moskowitz stated in
order for the waiver to be granted, there must be an affirmative finding that all four
criteria have been met and commented about Item C in the staff report. He stated that the
assertion of staff and the developer is what they find is because of the small size of the
property it is not feasible to accommodate a large range and recreational facilities on the
site and therefore it is reasonable to "exempt the development from this standard." Mr.
Moskowitz stated theatrically a waiver could have been requested and staff could have
analyzed it and determined that in fact a waiver should be granted, however, that was not
followed. Therefore, Mr. Moskowitz stated those criteria have not been met and they
must be met.
Mr. Mankoff stated they do meet the requirement for the open space and
the landscaping and the open space based on the aesthetic value and it is not an
exemption. With regard to the waiver, he stated there have been numerous waivers on
much busier streets particularly in the downtown area and the CBD (Central Business
District) where there are higher chances of accidents or other unsafe situations. Mr.
Mankoff stated they do meet all four requirements.
Mr. Dorling stated there was a reference made as to why certain standards
are not applicable. He stated in the LDR's it talks about for small infill projects these
aren't applicable. With regard to open space, Mr. Dorling stated not less than 25% total
area shall be provided for recreation or some other suitable purpose and there has been
evidence that there is a suitable purpose whether over and above recreation and further
open space and recreation element policy A-3.1 states that tot lots recreation areas shall
be provided for new housing developments. This requirement may be waived or
modified for residential developments located in the downtown area or for infill proj ects
having fewer than 25 units. Mr. Dorling stated any single family home that is developed
on this site can also be three stories and 35 feet.
The City Attorney stated the Commission will have to review a Board
Order and she informed the Commission that their rules state that the Commission
meeting shall be conducted to 11 :00 p.m. unless extended by a majority of the
Commission.
Mr. Levinson moved to approve to extend the December 6, 2005 City
Commission meeting to no time certain, seconded by Mrs. Ellis. Upon roll call the
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Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer-
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
Mrs. Archer expressed concern over this project and stated there is a tiny
area that has been built up all around it and noted if this project is built then it will be the
demise of the neighborhood.
The City Attorney reviewed the Board Order with the Commission who
made findings according to their consensus (attached hereto is a copy and made an
official part ofthe minutes).
Mr. Levinson moved to approve the Board Order as presented by the City
Attorney, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs.
Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes. Said motion passed with a 5 to 0 vote.
9.C. APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE
BOARD ACTION/SEAGATE HOTEL AT ATLANTIC PLACE: Appeal ofthe Site
Plan Review and Appearance Board's decision regarding the Seagate Hotel at Atlantic
Place, located on the south side of East Atlantic Avenue between Venetian Drive and
Gleason Street. (Quasi-Judicial Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, stated on September 24,
2003, the Site Plan Review and Appearance Board (SPRAB) approved a Class V site
plan and landscape plan associated with Atlantic Place development proposal, which
consisted of the demolition of the existing commercial and multiple family structures and
construction of two four-story mixed-use floor area; 10,540 square feet of retail floor
area; and 18,000 square feet of office floor area. The south building contained twelve
(12) condominiums; 9,080 square feet of retail floor area; and a five level parking garage.
At its meeting of July 27, 2005, SPRAB approved a Class III site plan
modification for the conversion of the 24 condominium units and 18,000 square feet of
office floor area to hotel rooms/suites; reconfiguration of the floor plan in the north
building to include 6,647square feet of retail, 5,473 square feet of restaurant, a hotel
lobby with an associated 700 square foot office, 893 square foot conference/party room
and 86 hotel rooms; reconfiguration of the floor plan in the south building to include
2,586 square feet of retail. 1,802 square foot housekeeping area, a 4,406 square foot spa,
and 18 hotel rooms; and construction of pedestrian sky walks between the north and
south buildings on the 2nd, 3rd and 4th stories.
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Staff recommends that the extension should be granted by granting the
applicant's appeal of SPRAB' s denial. Mr. Dorling stated the findings of fact were not
made by SPRAB and they did deny the appeal and the appellant is here today to have that
decision overturned.
Michael Weiner. Attornev with Weiner & Aronson. P.A.. 102 N.
Swinton Avenue. Delrav Beach speakinl! on behalf of HHC Atlantic. LLC (the
owner of the project). stated the project before the Commission is here as a result of the
action of SPRAB. At the hearing, SPRAB declined to grant an extension to the site plan,
landscape plan, and architectural plan for the project previously received in October 2003
with a modification granted in July 2005. The applicant has appealed the Board's action
on the basis of a letter they timely submitted and as staff pointed out because the proper
standard of law and findings were not made. Mr. Weiner referred to Section 2.4.4(D),
2.4.4(E), 2.4.4(F) of the LDR's concerning the extension of site plans and the second
argument relates to the very definition of the words development approval as set forth in
the LDR's. He distributed a booklet to the Commission and gave a brief presentation.
Alan Ciklin. Attornev with Boose. Casey. Ciklin. Lubitz. Martens.
McBane & O'Connell. representinl! Bankoff. LLC (owns property across the street
within 500 feet). stated they have been determined to be an affected party. He stated
they appeared at the original site plan approval and were also a party before the Site Plan
Review and Appearance Board (SPRAB) when this matter was considered for an
extension. He stated the original site plan was approved over two years ago (September
24,2003) and it has expired. Mr. Ciklin gave a brief presentation and stated the first way
to establish a project requires that improvements representing 25% of the total cost of all
improvements have been constructed; construction has commenced. Mr. Ciklin stated if
the Commission chooses to grant an extension it should be under the "no construction"
prOVISIOn.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of this item, to please come forward at this time.
Dan Carter. member of SPRAB. stated SPRAB reviewed this project
for approximately 2'li hours under this extension request and reviewed the three standards
very carefully and found that the project did not meet the 25% of construction
improvements as well as some of the standards that were required.
Bob Spavero. speakinl! on behalf of the Beach Property Owners'
Association (BPOA). stated every effort has been made not to adopt the new design
guidelines which they feel are very important for a major proj ect like this on the beach
side. He stated some of the conditions that are listed beyond the control of the developer
were known to the developer way before he purchased the property.
There being no one else from the public who wished to give testimony
on this item, the public hearing was closed.
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12/06/05
At this point, Mr. Dorling and Mr. Weiner, and Mr. Ciklin gave their
rebuttal statements.
Mr. Levinson commented about the term "construction commenced".
Ms. McCarthy stated years ago the Commission sat at the dais and took
the time to make interpretation as to what our definitions in the city meant.
The City Attorney 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. Levinson moved to approve the Board Order as presented by the City
Attorney, seconded by Mrs. Archer. Upon roll call the Commission voted as follows:
Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes;
Mrs. Ellis - No. Said motion passed with a 4 to 1 vote, Mrs. Ellis dissenting.
9.D. APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE
BOARD ACTION/HOTEL VISTA DEL MAR: Appeal of the Site Plan Review and
Appearance Board August 8, 2001 decision regarding approval of a Class V Site
Development Plan, Landscape Plan, and Elevations associated with the Hotel Vista Del
Mar, located approximately 300 feet south of Atlantic Avenue on the west side of Ocean
Boulevard (State Road A-I-A). (Quasi-Judicial Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. Mr. Levinson stated he spoke with David Schmidt. Mayor Perlman
stated he had a conversation with David Schmidt. Mrs. Ellis stated she spoke with David
Schmidt. Mrs. Archer stated she received a telephone message from David Schmidt but
did not actually talk to him, and Ms. McCarthy stated she spoke with David Schmidt.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning project file #2004-091 and #2001-008 into the record.
Mr. Dorling stated this is a consideration of an appeal of the Site Plan
Review and Appearance Board's (SPRAB) approval of a Class V site plan, landscape
plan, and architectural elevations for the Hotel Vista Del Mar. SPRAB's actions were
taken on June 20, July 11 and August 8, 2001. The actions were appealed on August 20,
2001 by Michael Weiner, attorney for Boston's Restaurant (owner of property
immediately to the north). The City Commission considered the appeal on September 4,
2001 at which time the Commission granted the appeal and reversed SPRAB's approval
on a 4 to 1 vote. The City Commission reconsidered the request at their meeting of
October 2, 2001 at which time they reaffirmed their original action on a 3 to 2 vote. The
applicant for Hotel Vista Del Mar appealed the Commission's action to the Circuit Court.
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After consideration, the Circuit Court remanded the item back to the City Commission
for reconsideration as City Commission failed to make findings of fact as required by the
local ordinance (LDR Sections 3.1.1 and 2.4.5(F)(5)).
The development proposal includes the demolition of the Bermuda Inn, a
20 room, two-story motel (constructed in 1968) along with the associated pool and
parking. The new hotel has a total of 70 rooms and a private gym/spa. There are a total
of 50 parking spaces accommodated within the building on the ground floor and below
grade and the structure will have an overall height of 48 feet. The development proposal
was considered by SPRAB on June 20, July 11, and August 8, 2001. During the initial
SPRAB consideration, staff expressed concerns relating to height, loading, parking
layout, and general compatibility of the proposal. In the subsequent meetings, the
applicant took significant steps to address staff concerns. The staff report also supported
three minor waiver requests, which included waivers to: (1) LDR Sections
4.6.9(D)(3)(c)(I) to reduce the required stacking distance for the Salina Avenue driveway
entrance from 20 feet to 14 feet, (2) LDR Section 4.16.14(A) to reduce the visibility
triangle at the Salina Avenue driveway entrance from 20 feet to 10 feet and the Ocean
Boulevard driveway entrance from 20 feet to 8 feet, (3) LDR Section 6.1.3(B) to
eliminate the required sidewalk along Salina Avenue.
At its meeting of August 8, 2001, SPRAB approved a Class V site
development plan, waivers, landscape plan and architectural design elements associated
with the Hotel Vista Del Mar. There was public testimony in opposition to the request.
The objections mainly related to the size and mass of the proposed structure. In addition,
concerns with the zero setback at the northeast comer of the site plan and its potential
impacts on the redevelopment of the property to the north were noted. Future
redevelopment of the site (Boston's Restaurant) with a similar zero setback would
potentially block the ocean view for 'li of the hotel rooms. The Board discussed these
points at length. During discussions it was acknowledged that the proposal did meet the
current regulations which allow a zero setback and the Board made positive findings with
respect to the site plan, landscape elevations and associated waivers. The Board also
made appropriate findings with respect to the internal requests. On August 20, 2001,
SPRAB's action was appealed by Michael Weiner, attorney for Perry DonFrancisco
owner of Boston's Restaurant (property immediately to the north). The proposed basis of
the appeal is that the actions taken by SPRAB were inconsistent with the Comprehensive
Plan, LDR's and the Laws of the State of Florida. The relief being sought is that the
approval of the Site Plan, Landscape Plan and Architectural Elevations be reversed and
denied.
David Schmidt (appellant representinl! Boston's Inc. and its appeal of
SPRAB's 2001 approval of the site plan for the Hotel Vista Del Mar). gave a brief
PowerPoint presentation and submitted a notebook to the Commission. He stated the
Commission has a responsibility to the community to examine the potential on
development and redevelopment as it will affect property values including the potential
for failure of this project if Boston's develops to its full development potential.
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12/06/05
Daniel P. Hrabko, Principal in the Real Estate Appraisal Firm of Calloway
and Price and resides at 1674 Park Tree Place, Delray Beach, briefly spoke about the
property values and stated a redevelopment of Boston's will devalue the neighboring
properties.
John Carleen, Urban Design Studio, briefly discussed the loading, parking,
compatibility and visibility triangle waivers.
David Schmidt stated the design as proposed is not compatible and
harmonious with either the adjacent properties or the city as a whole. In addition, he
stated there has been expert testimony that the design as proposed will have a negative
impact on the potential redevelopment of Boston's property and there are code provisions
in the code to protect people like his client so that their property interests are protected
just as well as the person who wants to develop adjoining property.
Mark Rothenberl!. Attornev with Siemon & Larsen. P.A.. 433 Plaza
Real. Suite #339 (Mizner Park). Boca Raton. stated he requested 1 'li hours to speak
and asked that the Commission conduct a "de novo review" of the August 8, 2001
SPRAB approved plans for Vista Del Mar per his letter. Due to the length of the
meeting, he does not anticipate taking that long because the appeal that was originally
filed in this case simply said that they were inconsistent with the Code and
Comprehensive Plan and did not specify precisely what they were inconsistent with. He
asked that they be granted an additional 20 minutes to speak as a matter of due process.
Mayor Perlman stated Mr. Rothenberg has 20 minutes to speak.
For the record, Mr. Rothenberg stated they object to this and noted the
Court said they were to have a hearing on the appeal not the site plan itself.
Mr. Rothenberg stated the substance of the ex parte communications was
not revealed and he objects to David Schmidt's participation in this case.
The City Attorney asked the Commission to disclose the substance of their
conversations with David Schmidt.
The Commission disclosed the substance of their ex parte communications
with David Schmidt. In addition, Mr. Levinson stated he also had a conversation with
Mr. Rothenberg approximately a month ago about a telephone call related to their prior
representation of an individual who filed a complaint with the Federal Fair Housing Act
Board. The substance was that Mr. Rothenberg hoped it would not negatively impact Mr.
Levinson's ability to hear this item since they no longer represented the individual.
Mr. Rothenberg submitted into the record the report from their planner and
the report from their drainage engineer.
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12/06/05
Jose Aquila. Architect and partner with Currie Schneider Aquila
Architects in Delrav Beach. gave a brief presentation of what they brought before the
Board in September 4,2001 for the benefit of new Commission members.
For the record, Mr. Rothenberg stated they entered into a settlement
agreement with Boston's that settled all of these issues Mr. Aquila discussed this evening
and ultimately Boston's decided to walk away from that agreement.
Lane Kendil!. President of Lane Kendil!. Inc.. gave a brief description
of his credentials for the record. In his opinion, this plan is compatible with the City's
Code, the Comprehensive Plan, and the Downtown Development regulations. Mr.
Kendig gave a brief presentation and stated this meets the Code and the concern for the
sight visibility distances were properly granted on all the waivers and he does not feel
there is any evidence that they did not do anything that would normally be done on a
property in the Central Business District (CBD) where there are fairly limited spaces.
Mr. Kendig stated Salina Avenue is not a residential street but is a truck service area.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the appeal, to please come forward at this time.
Andv Katz. 220 S. Ocean Boulevard. Delrav Beach. representing the
Beach Property Owners' Association (BPOA), stated the BPOA supports the
redevelopment ofthe site; however, they have concerns with this particular proposal.
Dennis P. Koehler. Attornev with law offices in West Palm Beach.
representing the Salina Beach Home, L.L.c., stated this project would be appropriate for
Fort Lauderdale in the 1950's but not for Delray Beach in the 21 st century.
Bradlev Miller. President of Miller Land Planninl! Consultants. and is
a Land Planner and AICP, distributed a handout and briefly discussed the code standards.
He urged the Commission to consider the concerns he presented this evening along with
the written documentation and protect the residential neighborhood that the codes are
drafted to do.
Harvev E. Over III. Attornev with Gunster. Yoaklev. and Stewart.
P.A.. Phillips Point. 777 South Flal!ler Drive. Suite #500 East. West Palm Beach. FL
33401. and representing Donald Robinson (owner of 24 Salina Avenue & 32 Salina
Avenue) located directly behind the proposed Hotel Vista Del Mar project; stated they
have attended every public meeting related to this project from its inception. Mr. Oyer
stated Mr. Robinson is not opposed to the use of the subject property for a hotel;
however, he is concerned with the site plan building design, landscape plan, height,
density, intensity, massiveness, and traffic congestion, traffic circulation patterns of the
proposed project as well as the consequent public health safety welfare issues for the
residents of Salina Avenue created by the proposed project.
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12/06/05
Bill Bathurst. 1172 Canoe Point. Delrav Beach. urged the Commission
to deny the waivers and the appeal because he feels the project is too dense and will
create too many traffic problems on A-I-A. He stated this project is not fit for this site.
Mr. Rothenberg asked Mr. Dorling to give an explanation as to why staff
recommended approval of the waivers. In addition, Mr. Rothenberg cross-examined Mr.
Oyer regarding the owner of the property. Mr. Oyer stated some time ago the applicant
alleged that his client did not own or have any beneficial ownership interest in the three
parcels of property on Salina Avenue. As submitted into the record in 2001, Mr. Oyer
stated he can resubmit into the record that this is an acknowledgement of the Trustee as to
Mr. Robinson having a beneficial ownership in the three properties. Mr. Oyer also stated
if the Commission deems it relevant as to who formed the Trust he would be happy to
seek that information.
Mr. Rothenberg cross-examined John Carleen and Bradley Miller.
Mr. Schmidt stated he objects to any evidence or testimony that they have
tried to submit that occurred after the date of the SPRAB meeting.
Mr. Kendig stated in terms of compatibility one looks for something that
creates a whole streetscape. He stated this is an urban streetscape and the design
guidelines call for buildings to the street and the pedestrian friendly buildings that have
been talked about are right up to the street front. He stated this is pedestrian friendly and
it provides adequate space and provides a transition to the residential district because
there is landscaping in the residential district than just the five foot sidewalk.
Mr. Rothenberg stated they reduced traffic because the restaurant has been
taken out.
The City Attorney reviewed the Board Order with the Commission who
made findings according to their consensus (attached hereto is a copy and made an
official part ofthe minutes).
Mr. Levinson moved to approve the Board Order as presented by the City
Attorney, seconded by Mrs. Archer. Upon roll call the Commission voted as follows:
Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes;
Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote.
9.E. THIS ITEM HAS BEEN MOVED TO THE REGULAR MEETING
OF DECEMBER 13. 2005.
9.F. THIS ITEM HAS BEEN MOVED TO THE REGULAR MEETING
OF DECEMBER 13. 2005.
9.G. THIS ITEM HAS BEEN MOVED TO THE REGULAR MEETING
OF DECEMBER 13. 2005.
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12/06/05
9.H. AGREEMENT/PALM BEACH COUNTY SPORTS INSTITUTE/
COMMUNITY OLYMPIC DEVELOPMENT PROGRAM (CODP)/TENNIS
CENTER: Consider approval of an agreement with the Palm Beach County Sports
Institute for a Community Olympic Development Program at the Tennis Center.
Mr. Levinson moved to approve the agreement with the Palm Beach
County Sports Institute for a Community Olympic Development Program at the Tennis
Center, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mrs.
Archer - Yes. Said motion passed with a 5 to 0 vote.
9.1. AGREEMENT/CGI COMMUNICATIONS. INC.: Consider approval
of an agreement with CGI Communications, Inc. to provide an online community video
program for the City. There is no cost to the City for the program.
Mr. Levinson gave direction to staff to see if there are other companies
that are providing this service and if so to make sure that we select the company that best
provides this service for us.
9.J. SPECIAL EVENT REQUESTIFIRST NIGHT 2006: Consider
approval of a special event request to hold the 9th Annual First Night event on December
31, 2005 from 4:00 p.m. to midnight, granting a temporary use permit per LDR Section
2.4.6(H) for the use and street closures of City rights-of-way and facilities as requested,
to waive LDR's section 4.6.7(D)(3)(j)(ii) to allow event signage to be placed no earlier
than December 16, 2005, and authorize staff support for security and traffic control,
signage construction and installation, barricade set-up/removal, trash removal and clean
up, EMS services, and use/set-up of City stages as needed at no charge.
Prior to the vote, Mr. Levinson asked if there was a media sponsor.
Mayor Perlman stated the event sponsor is the Sun-Sentinel.
Ms. McCarthy moved to approve the special event request to hold the 9th
Annual First Night event on December 31, 2005, seconded by Mrs. Ellis. Upon roll call
the Commission voted as follows: Mr. Levinson - No; Ms. McCarthy - Yes; Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 1
vote, Commissioner Levinson dissenting.
9.K. SETTLEMENT OFFER IN N'DETENGA N'GURUMO v. CITY OF
DELRAY BEACH: Consider a Settlement Offer in the amount of $20,000.00 in
severance pay, $5,000.00 COBRA allowance, vacation and sick pay due upon retirement
in n'Detenga n'Gurumo v. City of Delray Beach. Staff recommendation is acceptance.
Mr. Levinson moved to approve the Settlement Offer in N'Detenga
N'Gurumo v. City of Delray Beach, seconded by Ms. McCarthy. Upon roll call the
Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis -
Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
- 39-
12/06/05
9.L. THIS ITEM HAS BEEN DEFERRED TO THE REGULAR
MEETING OF DECEMBER 13. 2005.
12.
13.
13.A.
FIRST READINGS:
· NONE
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
City Manal!er
The City Manager had no comments or inquiries on non-agenda items.
13.B. City Attornev
13.C.
13.C.1.
l3.C.2.
13.C.3.
13.C.4.
13.C.5.
The City Attorney had no comments or inquiries on non-agenda items.
City Commission
Mrs. Archer
Mrs. Archer had no comments or inquiries on non-agenda items.
Mrs. Ellis
Mrs. Ellis had no comments or inquiries on non-agenda items.
Ms. McCarthv
Ms. McCarthy had no comments or inquiries on non-agenda items.
Mr. Levinson
Mr. Levinson had no comments or inquiries on non-agenda items.
Mavor Perlman
Mayor Perlman had no comments or inquiries on non-agenda items.
There being no further business, Mayor Perlman declared the meeting
adjourned at 2:00 a.m.
- 40-
12/06/05
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 December 6, 2005, 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.
- 41 -
12/06/05
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ROBIN AND ELLEN SUSSMAN,
Appellant(s),
vs.
CITY OF DELRA Y BEACH,
Appellee.
I
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
........:>
1. This appeal of a site plan approval has come before the City Commission
on December 6, 2005.
2. The Appellants, Appellee and City staff presented documentary evidence
and testimony to the City Commission pertaining to the appeal of the Class V Site Plan
for Bermuda Gardens. All of the evidence is a part of the record in this case. Required
findings are made in accordance with Subsections I, II and III.
I.
COMPREHENSIVE PLAN:
REQUIREMENTS MET?
ARE THE COMPREHENSIVE PLAN
a. Comprehensive Plan - Future Land Use Element Obiective A-1: This
objective requires that the 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 complementary to adjacent land uses, and fulfills
remaining land use needs.
Is this objective met?
Yes
4
No
1
b. Future Land Use Map: The resulting use of land or structures must be
allowed in the zoning district within which the land is situated and said zoning must be
x+eM q.B.
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 Medium Density
Residential 5-12 units per acre (MD) and is zoned Medium Density Residential (RM).
Pursuant to LDR Section 4.4.6(B)(3), multiple family structures are allowed as a
permitted use within the MD zoning district, subject to compliance with the performance
standards of Section 4.4.6(1).
Future land Use - Is project's proposed location consistent with the
Future land Use Map?
Yes 5
No
o
c. Concurrency: Facilities which are provided by, or through, the City
shall be provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service established
within the Comprehensive Plan.
Concurrency as defined pursuant to Objective B-2 of the Land Use Element of
the Comprehensive Plan must be met and a determination made that the public facility
needs of the requested land use and/or development application will not exceed the
ability of the City to fund and provide, or to require the provision of, needed capital
improvements for the following areas:
Are the concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes 5
No 0
d. Consistency (Standards for Site Plan Actions): Compliance with
performance standards set forth in Chapter 3 and required findings in Section
2.4.5(F)(5) shall be the basis upon which a finding of overall consistency is to be made.
i. Is the building design, landscaping, and lighting (glare) such
that they create unwarranted distractions or blockage of
visibility as it pertains to traffic circulation?
Yes
o
No
5
2
ii. Separation of different forms of transportation shall be
encouraged. This includes pedestrians, bicyclists, and
vehicles in a manner consistent with policies found under
Objectives 0-1 and 0-2 of the Transportation Element. Is this
requirement met?
NOT APPLICABLE
iii. Are the open space enhancements as described in Policies
found under Objective B-1 of the Open Space and Recreation
Element appropriately addressed?
NOT APPLICABLE
iv. The City shall evaluate the effect that any street widening or
traffic circulation modification may have upon an existing
neighborhood. Is the widening or modification detrimental to
the neighborhood and result in degradation of the
neighborhood such that the project shall not be permitted?
NOT APPLICABLE
v. 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.
Yes 4
No
1
vi. The City shall consider the effect that the proposal will have
on the stability of nearby neighborhoods. Are factors such as
noise, odors, dust, traffic volumes and circulation patterns
have the potential to negatively impact the safety, habitability
and stability of residential areas?
Yes
1
No
4
Does the proposed development result in degradation of the
neighborhood such that the project shall be modified or
denied?
Yes
1
No
4
3
vii. 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. Does the development create a
high accident location or exacerbate an existing situation
causing it to become a high accident location?
Yes
o
No
5
If yes, has the development proposed actions to remedy the
situation?
NOT APPLICABLE
e. Comprehensive Plan - Housina Element Policy A-12.3: This policy
requires that in evaluating proposals for new development, redevelopment, the City
shall consider the effect that the proposal will have on the stability of nearby
neighborhoods.
i. Do factors such as noise, odors, dust, traffic volumes and
circulation patterns negatively impact the safety, habitability
and stability of residential areas?
Yes
1
No
4
ii. Does the proposed development result in degradation of any
neighborhood?
Yes
1
No
4
iii. If yes, is the project modified accordingly? If no, it shall be
denied.
NOT APPLICABLE
Based on the above, will the development adversely effect the stability
of nearby neighborhoods pursuant to Housing Element Policy A-12.3?
Yes
1
No
4
4
f. Open Space and Recreation Element Policy 8-1.3: New
developments shall provide central focal points at entries and landscape buffers along
the external (arterial, collector) streets which service them.
Are the requirements of Policy 8-1.3 met?
Yes 5 No 0
g. Housina Element Policy 8-2.2 - 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.
Are the requirements of Policy B-2.2 met?
Yes 4 No 0 N/ A 1
h. Pursuant to Sections 3.1.1 (A), "Future land Use Map, 3.1.1 (B),
"Concurrency" and 3.1.1 (C), "Consistency" as outlined above in Sections I (a),
(b), (c), and (d), are the future land use map/concurrency/consistency
requirements met?
Yes 5 No 0
Based on the findings in Sections I (a) through (g), are the Comprehensive
Plan requirements met?
Yes 5 No 0
II. LAND DEVELOPMENT REGULATIONS: ARE THE lOR REQUIREMENTS
MET?
a. Section 3.1.1(0) compliance with the land Development Reaulations:
Section 3.1.1 (D) requires that Items identified in the LDRS shall specifically be
addressed by the body taking final action on the site and development
application/request. These areas include building setbacks, height, room size, space,
5
parking, loading, stacking distance, point of access, visibility at intersections and site
lighting.
i. Subdivision Plat: Pursuant to LDR Section 4.3.3(0)(2), each
townhouse, or townhouse type development shall be platted and each unit
must be shown on the plat with a minimum designation of the interior
street as a tract. Shall a plat be required and recorded prior to issuance
of a building permit and the homeowner's documents be submitted with
the plat application?
Yes 5 No 0
ii. Setbacks: Pursuant to LDR Section 4.3.3(O)(3)(a), setbacks from
the perimeter of the overall project should be as established by the base
zone district requirements. Pursuant to LDR Section 4.3.3(O)(3)(b),
setbacks interior to the site shall be measured from the platted street
system. The required setbacks for the RM zoning district and the
minimum provided setbacks are as follows:
Standard
Provided
Building Setbacks (min.): Perimeter - Front
Side Interior
Side Street
Rear
25'
15'
25'
25'
25'
15'
25'
25'
Does the project comply with the building setbacks?
Yes
5
No
o
iii. LDR Section 4.3.3(O)(4)(b): No townhouse row shall consist of
more than 8 units or a length of 200'. The proposed building consists
of a row of three units and is 125' in length. Does the proposed
development meet this code requirement?
Yes
5
No
o
iv. LDR Section 4.3.3(O)(4)(c): Service features, garages, parking
areas, and entrances to dwelling units shall, whenever possible, be
located on a side of the individual lot having access to the interior
street. Walkways should be designed to connect dwelling units with
each other and connect each dwelling unit with common open
space.
6
Does this standard apply to large townhouse developments with an
interior street system?
Yes
o
No
5
Are interconnecting walkways needed since the three townhouse units will
be fee simple ownership and no common open space or recreational
facilities are provided for the project?
Yes
o
No
5
v. LOR Section 4.3.3(O)(4)(d): Not less than 25% of the total
area, less water bodies, shall be usable open space, either for
recreational or some other suitable purpose, public or private. Is this
requirement met?
Yes
5
No
o
vi. LOR Section 4.3.4(K), Development Standards Matrix:
Building Height:
Open Space:
Maximum Lot Coverage:
Standard Provided
35' 33' -6"
25% 36.8%
40% 26.5%
1,250 sq.ft 3,058 sq.ft.
1,500 sq.ft 3,441 sq.ft.
1,500 sq.ft 3,572 sq.ft.
Minimum Floor Area: Three Bedroom - Unit "C"
Four Bedroom - Unit "A"
Four Bedroom - Unit "B"
Are these requirements met?
Yes
5
No
o
vii. Special Reaulations: Pursuant to LOR Section 4.4.6(H)(3),
recreational areas shall be required for all new rental apartment
developments and of owner occupied developments which have
homeowner associations that must care for retention areas, private streets
or common areas. New developments must include recreational features
that are designed to accommodate activities for children and youth of all
age ranges. Tot lots are appropriate for toddlers; features such as a
basketball court, volleyball court, and open playfields are appropriate for
older children. A pool and clubhouse, unless specifically design for
7
children, is not considered to meet this requirement. Projects having
fewer than 25 units may be exempted from this standard where it is
determined by the approving body that it is not practical or feasible to
comply.
The proposal is for a three (3) unit townhouse development which will be
fee simple ownership. No common recreational facilities are provided.
Private rear yards with a pool and deck area are provided for each unit.
Should this regulation apply to the project?
Yes
o
No
5
viii. Site Lighting: Pursuant to LOR 4.6.8 (Lighting), site lighting must
be provided. Has the project met all site lighting requirements?
Yes 5
No
o
ix. Parking: Pursuant to LOR 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. The three (3) unit development is required
to provide eight (8) total parking spaces. Pursuant LOR Section 4.6.9 (c) .
(2), within townhouse developments, driveways may be used for guest
parking, provided that such parking does not result in the space for one
unit impeding access to a space of the other. The development proposal
will provide a total of twelve (12) parking spaces. Six (6) parking spaces
are provided within 3 - two car garages, and two within each driveway as
guest parking spaces. Is this requirement met?
Yes
5
No 0
b. Section 4.4.6(1) Performance Standards: Pursuant to Section
4.4.6(H)(1), a minimum density of 6 units per acre is established for multiple-family
housing projects within the RM Zoning District. Density may exceed the base of 6 units
per acre only after a finding has been made that the project has substantially complied
with performance standards as listed in Section 4.4.6(1) as follows:
i. The traffic circulation system is designed to control speed and
reduce the 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
8
below 25 m.p.h. Bermuda Gardens Road is a 24 ft. wide private road
which dead ends to the west of the subject property. Is this performance
standard applicable to the proposed project?
NOT APPLICABLE Yes 5
No 0
ii. Buildings are placed along the development in a manner that
reduces the overall massing, and provides a feeling of open space. The
proposed townhouse project involves the redevelopment of an existing
single family home site. State Road A-1-A is adjacent to the property to
the east and Bermuda Gardens Road, a private road easement, is located
along the north perimeter of the property. Given the small size of the
property, 100 ft. deep, placement of the building is limited to the center of
the site with access taken from Bermuda Gardens Road. The building
complies with the setback requirements of the RM zoning district and
provides a substantial amount of play in the front fa9ade to reduce the
mass of the building. Is this standard applicable?
NOT APPLICABLE Yes 5
No 0
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.
Buildings setbacks are increased by at least 25% of the required
minimum; at least one tree over 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. All of the adjacent properties are zoned RM. Is this
performance standard applicable to the proposed project?
NOT APPLICABLE Yes 4
No 1
iv. The development offers 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). Buildings elevations incorporate
diversity in window and door shapes locations; features such as balconies
arches, porches, courtyards; and design elements such as shutters,
window mullions, quoins, decorative tiles, etc. Is this performance
standard met?
Yes
5
No 0
v. A number of different unit types. Sizes and floor plans are available
within the development in order to accommodate households of various
9
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. Is this requirement met?
Yes
5
No
o
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. Is this requirement met?
NOT APPLICABLE Yes 5
No 0
c.
Section 2.4.5(F)(5) (Site Plan Findinas):
Pursuant to Section
2.4.5(F)(5), "Findings", in addition to provisions of Chapter Three of the Land
Development Regulations, the approving body must make the following finding:
Is the development of the property pursuant to the site plan
compatible and harmonious with the adjacent and nearby properties
and the City as a whole, so as not to cause substantial depreciation
of property values?
Yes
4
No
1
Based on the findings of Section II (a), (b) and (c), are the LDR
requirements met?
Yes
5
No
o
IF THE SITE PLAN REVIEW AND APPEARANCE BOARD DECISION IS UPHELD
PLEASE GO TO SECTION III, OTHERWISE GO TO PARAGRAPH NO.3.
III. WAIVERS:
a. Visibility at Intersections: Pursuant to LDR Section 4.6.14(A)(2), a 40'
sight triangle is required at the intersection of Bermuda Road and State Road A-1-A.
The proposed 5' high wall, around the side of the corner townhouse lot, encroaches into
this triangle. The wall buffers the property from A-1-A, provides privacy and security for
the rear yard and screens the AC units. The applicant has requested a waiver to reduce
the required sight visibility triangle to accommodate the wall as designed.
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:
10
(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.
Does the waiver request meet all the requirements of 2.4.7(B)(5)?
Yes 4
No 1
b. Section 4.3.3(O)(4)(a): No more than two (2) townhouses may be
constructed without providing a front setback of no less than four feet ( 4') offset
front to rear.
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body
shall make a finding of fact 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.
Does the waiver request meet all the requirements of 2.4.7(B)(5)?
Yes
4
No 1
c. Pursuant to LDR Section 6.1.3(A), a five foot wide sidewalk is required
along the south side of Bermuda Road. The applicant has requested that a waiver be
granted. Bermuda Gardens Road is a 24' wide private road easement. There are not
any existing sidewalks along this roadway and the road dead ends west of the
proposed development.
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body
shall make a finding of fact 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.
Does the waiver request meet all the requirements of 2.4.7(B)(5)?
11
Yes
5
No 0
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original site plan was submitted.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves x
denies _ the waiver requests by a vote of 5
in favor and 0
opposed.
6. Based on the entire record before it, the City Commission approves _
denies x the site plan application appeal thereby upholding the decision of the Site
Plan Review and Appearance Board and hereby adopts this Order this 6th day of
December, 2005, by a vote of 4
in favor and 1
opposed.
~\j~. ?'JSt
Rita E is, Deputy Vice-Mayor
~~EST: ~_ '
~S).\\~~~tV
Chevelle Nubin
City Clerk
12
t-
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
HHC ATLANTIC, LLC,
Appellant(s),
vs.
CITY OF DELRA Y BEACH,
Appellee.
I
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This appeal of a site plan approval has come before the City Commission
on December 6, 2005.
2. The Appellants, Appellee and City staff presented documentary evidence
and testimony to the City Commission pertaining to the appeal of the request for
extension of site plan approval for the Seagate Hotel at Atlantic Place. All of the
evidence is a part of the record in this case. Required findings are made in accordance
with Subsection I.
I. Site Plan Extension:
a. Establishment of Proiect: Have improvements representing 25% of
the total cost of all improvements to be used in developing the project been
constructed?
Yes
o
No
5
b. Construction has Commenced: When there are substantial
improvements on the site but the 25% establishment standard is not met, the granting
agency shall consider the diligence and good faith of the developer to actually
commence and complete construction. In considering "diligence and good faith", the
granting body shall consider:
i. When the construction commenced (construction which is
commenced immediately preceding expiration generally indicates a
lack of good faith);
r+e~m. q.C.
ii. The extent to which construction has proceeded;
iii. The extent to which there has been a bona fide continuous effort to
develop but because of circumstances beyond the control of the
developer, it was not possible to meet the 25% standard.
Based on the criteria listed above has the developer shown "diligence and good
faith" to commence and complete construction?
Yes
4
No 1
3. The City Commission has applied the LDR requirements in existence at
the time the extension request 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 x
denies _ the extension of the site plan appeal and hereby adopts this Order this
_ day of December, 2005, by a vote of ~vor and 1 opposed.
C~Q 2j~
. Rita E 's, Deputy Vice-Mayor
ATTEST:
~~.~~
Chevelle Nubin
City Clerk
2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
VISTA DEL MAR, LLC and
BOSTONS ON THE BEACH, INC.
Appellant(s ),
vs.
CITY OF DELRAY BEACH,
Appellee.
/
REVISED ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This appeal has come before the City Commission on December 6, 2005,
as a result of the Order of the Fourth District Court of Appeal and the Circuit Court of
the Fifteenth Judicial Circuit, which remanded this case in order that the City could
make findings on the record as to the appeal.
2. Pursuant to the Court's Orders, this appeal is heard de novo as several
commissioners were not in office at the time the original appeal was heard by the City
Commission on September 4,2001 (see Court Orders attached as Exhibit "AU).
3. The Appellants, Appellee and City staff presented documentary evidence
and testimony to the City Commission pertaining to the de novo appeal of Vista Del
Mar, LLC's Class V Site Plan. All of the evidence is a part of the record in this case.
Required findings are made in accordance with Subsections I and II.
I.
COMPREHENSIVE PLAN:
REQUIREMENTS MET?
ARE THE COMPREHENSIVE PLAN
a. Comprehensive Plan - Future Land Use Element Obiective A-1: This
objective requires that the property shall be developed or redeveloped, in a manner so
that the future use and intensity is appropriate in terms of soil, topoaraphic, and
other applicable physical considerations. is complementary to adiacent land
uses, and fulfills remainina land use needs.
Is this objective met?
Yes -2.... No i
Ilem q .2).
b. Future Land Use Map: The resulting use of land or structures must be
allowed in the zoning district within which the land is situated and said zoning must be
consistent with the applicable land use designation as shown on the Future Land Use
Map.
The subject property has a Zoning District Map designation of Central Business
District (CBD) and has a Commercial Core (CC) Future Land Use Map designation.
Pursuant to LOR Section 4.4.13(B), "Principal Uses and Structures Permitted", hotels
are allowed as a permitted use within the CBO zoning district.
Future Land Use - Is project's proposed location consistent with the
Future Land Use Map?
Yes
5
No
o
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 reauested land use and/or development application will not
exceed the ability of the City to fund and provide, or to reauire the provision of,
needed capital improvements for the followina areas:
Are the concurrency requirements met with respect to water sewer,
drainage, streets traffic, parks, open space, impact fees or solid
waste?
Yes 5
No 0
d. Consistency (Standards for Site Plan Actions): Compliance with
performance standards set forth in Chapter 3 and required findings in Section
2.4.5(F)(5) shall be the basis upon which a finding of overall consistency is to be
made.
i. Is the building design, landscaping, and lighting (glare) such
that they create unwarranted distractions or blockage of
visibility as it pertains to traffic circulation?
Yes
5
No
o
2
ii. 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. Is this
requirement met?
Yes
1
No
4
iii. Are the open space enhancements as described in Policies
found under Objective B-1 of the Open Space and Recreation
Element appropriately addressed?
NOT APPLICABLE Yes
5
No
o
iv. The City shall evaluate the effect that any street widening or
traffic circulation modification may have upon an existing
neighborhood. Is the widening or modification detrimental to
the neighborhood and does it result in degradation of the
neighborhood such that the project shall not be permitted?
5
No
Yes
o
v. 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 Yes
5
No
o
vi. The City shall consider the effect that the proposal will have
on the stability of nearby neighborhoods. Do factors such as
noise, odors, dust, traffic volumes and circulation patterns
have the potential to negatively impact the safety, habitability
and stability of residential areas?
Yes
5
No
o
Does the proposed development result in degradation of the
neighborhood such that the project shall be modified or
denied?
Yes
5
No
o
3
vii. 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. Does the development create a
high accident location or exacerbate an existing situation
causing it to become a high accident location?
Yes
5
No
o
If yes, has the development proposed actions to remedy the
situation?
Yes
o
No
5
e. Comprehensive Plan. Housina Element Policy A-12.3: This policy
requires that in evaluating proposals for new development, redevelopment, the City
shall consider the effect that the proposal will have on the stability of nearby
neighborhoods.
i. Do factors such as noise, odors, dust, traffic volumes and
circulation patterns negatively impact the safety, habitability
and stability of residential areas?
Yes
5
No
o
ii. Does the proposed development result in degradation of any
neighborhood?
Yes
5
No
o
iii. If yes, is the project modified accordingly? If no, it shall be
denied.
Yes
o
No
5
Based on the above, will the development adversely effect the stability of
nearby neighborhoods pursuant to Housing Element Policy A-12.3?
Yes 5 No 0
f. The Comprehensive Coastal Manaaement Element states in Goal
Area "e": This element requires that development and redevelopment in the Coastal
Planning Area shall be compatible with the existing character of the area, and shall
4
provide for a sensitive balancing of the needs for economic development,
redevelopment. and environmental protection and in Objective C-3 that the
development of vacant and under-developed land on the barrier island shall occur in a
manner which does not chanae the character, intensity of use, or increase demand
upon existina infrastructure in the Coastal Planning Area and pursuant to Policy C-
3.2 that there shall be no chanae in the intensity of land use within the barrier
island and all infill development which does occur shall connect to the City's storm
water manaaement system and sanitary sewer system.
Is the Coastal Management Element for Goal Area "C" met?
Yes 0 No 5
g. Pursuant to Sections 3.1.1 (A), "Future Land Use Map, 3.1.1 (B),
"Concurrency" and 3.1.1 (C), "Consistency" as outlined above in Sections I (a).
(b), (c) and (d), are the future land use map/concurrency/consistency
requirements met?
Yes 5 No 0
*Based on the findings in Sections I (a) through (g), are the Comprehensive
Plan requirements met?
Yes 0 No 5
II. LAND DEVELOPMENT REGULATIONS: ARE THE LOR REQUIREMENTS
MET?
a. Section 3.1.1(0) compliance with the Land Development Reaulations:
Section 3.1.1 (D) requires that Items identified in the LORS shall specifically be
addressed by the body taking final action on the site and development
application/request. These areas include building setbacks, height, room size, space,
parking, loading, stacking distance, point of access, visibility at intersections and site
lighting.
i. Buildina Setbacks: Within the CBD zoning district, front
building setbacks shall be no less than 5' and no greater than
10'. Side building setbacks must be 10' when adjacent to
Residential zoning. Does this project comply with building
setbacks?
Yes 5
No
o
5
ii. Buildina Heiaht: Within the CBD zoning district, a maximum
of 48' height is allowed. Does this project comply with
building height?
Yes 5
No
o
iii. Room Size: Pursuant to LOR Section 4.3.3(M)(1), each
sleeping room shall contain a floor area of 325 feet including
closets and baths. Does this project comply with Room Size
Requirements?
Yes 5
No 0
iv. Parkina: Pursuant to LOR Section 4.6.9(C)(7)(e), hotels and
motels are required to provide spaces for each guest room
plus 10 spaces per 1,000 sq. ft. floor area devoted to
ballrooms, meeting rooms, restaurants, lounges, and shops.
However, pursuant to Section 4.4.13 (G)(1)(d), within the CBD
zone district, restaurants require 6 spaces per 1,000 sq. ft. of
floor area. Has this project met the parking requirements?
Yes 5
No
o
v. Handicapped Parkina: Two handicapped spaces are
required. Does the project provide adequate handicapped
parking spaces?
Yes 5
No
o
vi. Dead-end Parkina Bavs: Pursuant to LDR Section 4.6.9
(D)(4)(c), a 24' wide by 6' maneuvering area is required at the
end of the dead-end parking bays. Does this project meet the
dead-end parking bay provision?
Yes 5
No
o
vii. Loadina: Hotels between 20,000 and 100,000 sq. ft. shall
provide 2 loading spaces. Has the loading requirement been
met?
Yes 5
No
o
viii. Stackina Distance: Pursuant to LOR Section 4.6.9(D)(3)(c)(1),
the required stacking distance from the right-of-way to the first
6
parking space or aisle way is 20' when 50 parking spaces are
provided in a parking area. Has the stacking distance been
met?
Yes 0
No 5
ix. Point of Access: Pursuant to LOR Section 4.6.9(O)(3)(a), the
point of access to a street or alley shall be a maximum of 24'
unless a greater width is specifically approved as part of the
site and development plan. Has the Point of Access
requirement been met?
Yes 5
No
o
x. Visibility at Intersection: Pursuant to LOR Section 4.6.14(A), a
visibility triangle is required at the Intersections of roads
(corner lots) and driveways. An unobstructed view within this
triangle visibility must be provided between the heights of 3'
and 6'. The required visibility triangle at the intersection of
two streets is 40' and 20' at driveways. Has the Visibility at
Intersections requirement been met?
Yes 0
No
5
xi. Site Liahtina: Pursuant to LOR Section 4.6.8, site lighting must
be provided within the proposed parking lot area, however, the
location of the project also requires compliance with Section
91.51 of the City's Code of Ordinances, "Lighting Restrictions
along Beach", stated as follows: "No artificial light shall
illuminate any area of the beach which is used for sea turtle
nesting and its hatchlings. In order to accomplish this, all
lighting shall be shielded or screened so that the light is not
visible from the beach at night period (from dusk until dawn)
from April 1 to October 31 of each year." Has the project met
all site lighting requirements?
Yes 5
No 0
xii. Bike Rack: Pursuant to LOR Section 4.6.9(C)(1)(c)(3), bicycle
parking facilities shall be provided in the designated area and
by a fixed or stationary bike rack for any non-residential use
within the City's TCEA. Has the bike rack requirement been
met?
Yes 5
No 0
7
b. Section 4.6.18(E) reauires certain findinas: Section 4.6.18(E) requires
findings that:
i. 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.
Is this requirement met?
Yes 0 No 5
ii. 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.
Is this requirement met?
Yes 0 No 5
iii. The proposed structure, or project, 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.
Is this requirement met?
Yes
o
No
5
c. Section 2.4.5(F)(5) (Site Plan Findinas): Pursuant to Section
2.4.5(F)(5), "Findings", in addition to provisions of Chapter Three of the Land
Development Regulations, the approving body must make the following finding:
Is the development of the property pursuant to the site plan
compatible and harmonious with the adjacent and nearby properties
and the City as a whole, so as not to cause substantial depreciation
of property values?
Yes
o
No
5
Based on the Findings of Section II (a), (b) and. (c), are the LOR
requirements met?
Yes 0
No
5
d. The Petition requested three waivers as follows:
· LDR Sections 4.6.9(D){3)(c)(1) to reduce the required stacking distance
for the Salina Avenue driveway entrance from 20' to 14'.
8
· LOR Section 4.6.14(A) to reduce the visibility triangle at the Salina Avenue
driveway entrance from 20' to 10' and the Ocean Boulevard driveway
entrance from 20' to 8'.
· LOR Section 6.1.3(B) to eliminate the required sidewalk along Salina
Avenue.
Pursuant to LOR 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.
Based on th~ requirements in LOR Section 2.4.7(B)(5), the City
Commission finds as to the three waiver requests as follows:
i. LOR Sections 4.6.9(O)(3)(c)(1) to reduce the required stacking
distance for the Salina Avenue driveway entrance from 20' to 14'.
Does the waiver meet all the requirements of 2.4.7(8)(5)1
Yes
o
No
5
ii. LOR Section 4.6.14(A) to reduce the visibility triangle at the Salina
Avenue driveway entrance from 20' to 10' and the Ocean
Boulevard driveway entrance from 20' to 8'.
Does the waiver meet all the requirements of 2.4.7(8)(5)1
Yes
o
No
5
iii. LOR Section 6.1.3(B) to eliminate the required sidewalk along
Salina Avenue.
9
Does the waiver meet all the requirements of 2.4.7(8)(5)1
Yes
5
No
o
4. The City Commission has applied the Comprehensive Plan, Future Land
Use Map and LOR requirements in existence at the time the original site plan was
submitted.
5. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
6. Based on the entire record before it, the City Commission approves x
denies _ Boston's Appeal, denies the site plan application, and hereby adopts this
Order by a vote of 5
in favor and
o opposed. This item was scheduled for
hearing at the regularly scheduled City Commission meeting of December 6, 2005,
however, the vote was taken after midnight and the Order was thereby adopted on
December 7, 2005.
ATTEST:
- ~\"!~L;UQf'ea~Cl"...l:.
~r'. Chevelle ubin 1q/lo/.;ooS
City Clerk
10
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EXHIBIT "A"
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ROSA HOTEL DEVELOPERS, INC., a Florida
corporation, LOUIS CAPANO, FRANCES
MARINcou, and VISTA DEL MAR, L.C.,
a Florida limited liability company,.
PetitiODen,
IN THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BBACH COUNTy,
FLORIDA
APPELLATE DIVISION (CIVIL)
CONSOLIDATED
CASE NOS.: 2001 AP OJ 0405 A Y
2001 AP 01J228 AY
VI.
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THE CITY OF DELRA Y BEACH, a Florida
municipal COl'poration,
Respondent.
I
Opinion tiled:
JIlIi 1 2 2.
Petition for Writ ofCertiorar; fiom the City Comn.ission ofthcCity of'Dehay ~ Plorida.
For Petitioners, Cltades L. Siemon, Esq., Boca Raton, FL. .
For Petitioners, Todd G.Messenger, Esq., Boca Raton, FL.
For Respondent, Hany B. Handler, Esq., Boca Raton, FL.
For Respondent, S-USan Ruby, Esq., Delra)' Beach, FL.
MAASS, J.
By its Amended Petition for Writ of Certiorari PlUsuant to PIa. R. App. P. 9. J OO(c)
("Petitionj, PetitiOllelS, Rosa HoteJ Developers, Inc~ Louis Capano, Frauces Mariucola, and
Vista del Mar, L .C. (together, "Developer"), seek certiOrari review of two decisiODll by the
City Conunission of Respondent, the City of Dehay Beach. Florida ("City"). Because the
City failed to follow its oWn procedures, departing Iiolll essential requirements of law, we
grant the Petition, quash the City COOUnissioo's decision to overrule its Site Plan Review and
P3ge ./.
RECEIVED
JUN , B 20'3
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Approval Boanrs C"sPRAB") 8JIproval of tbc Developer's site plan, and remand for 1iutbcr
proc~p.
In IIIe fall of200I, Petitioner Rosa HoteJ Developen, Inc., was the CODInrctJlUlclwer
ofllle Benwda Inn Motel, a 20 room, two storyJDOle) located at 64 South Ocean BouJevsnl
in DeImy Beach ("Property"). Petitioner FIaDces Marlncola was the OWDer of a- HoteJ
Developm, Inc~ and tbc beaeficimy of tbc coulrlct. Marincola bad a COD1ract with
Petitioner Capano to develop the Property.
The I'ropaty is in tbc CBD, CllIIlIaI Business District, 7DDing district. Hotels 8Ill a
JlCIDIiIled use. The Developer SIlbmilted a JllO)losed site plan to deveJop tbc I'ropaty into a
70 room, five story, hotel. After ~ prior hearinp before the SPRAB and a IIIDDber of
modificatioas, tbcSPRAB IIppIoved tbc siteplau lIDddttee minorwaiven OUAuSUt 8, 2001.
Boston's, Inc., the OWner of a restaumut immediately nOrth of tbc I'ropeny, and
Bosto,,'s on the Beach, Inc., tbc restaurant's llJ>eratol' (logetber, "Boston's"), appea)ed the
SPRAB's decision to the Cil,yComm;ssion. On S"JIlember4, 2001, tbc CityComnussion, by
a 4-1 vote, sranted tho 8Jlpea) and Rnrened the sPRAB's approval of the Developer's si...
plan. On Se]lcember 19, 200 I, tbc City CClIIInljssion 8sreecf to reconaider iIB decision, in the
lIpp8rent hope 1IIat the Developer and Booton's couJd 1'eCOnc:iJe their cIi1l'elencea. Instead, at
an October 2, 2001 meeting, tbc City CClIDnIissiou voted once again to 8IlD1t tho 8ppea).
Neither the S~ 6, 2001 nor the October 9,2001 onIen by the City Commission
gnmtin, Boston's the relief sought ~ed 1indin81 of fact. The Developer's An1endcd
Petition for Writ of Certiorari seeb review of both orden.
The Developer is entitled to Ibis fust tier review of the City's action as a mailer of
right. This Court must detennine whether (i) Jlll>CeduzaJ due process was acconled; OJ) the
essential requUemenIB of law were observed; and (Ui) the decision was SUJlported by
COIDpetentand substantial evidence. City ofIkmjield Beach v. Pai/lanl, 419 So. 2d 624 (FIL
1982).
Section 3.1.1 of the City's Land Development Regulation. ("LOR j PIO\<ideo:
P:age -2-
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c
-: 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.
SubsectioDl (A) though (D) requiIe findings on the current and proposed future zoning
, consistency; concurrency; compn.hensive plan consistency; and compliance with the Land
Development Regulations. Section 2.4.5 (F) (5) of the LDR requires that:
(i)n addition to provisions ofChapterTlu:ee, the approving
bodymustmab a finc:ting that development of the property
P1l1'SU8Dt to the site plan wiD be compatible and
haimonious with adjacent and nearby prope.. ties and the
City as a whole, so as not to cause substantial depreciation
ofpropt;~l)' values..
Section 2.4.7 (E) defines an appeal as a request for review and reversal of any action
which, ifnot appealed, would be final. Under the LDR, Boston's had standing to seek review
of the SPRAB's decision by the City Commission. However, subsection (5) (b) of 2.4. 7 (B)
of the LDR requires that
(t)h~ granting of an appeal pertaining to a decision on a
development application must consider those items upon
which a finding is required and the appellate body must
make findings on those items.
Here, while various commissioners made oral statements at the hearings about their
concerns, it is undisputable that the COmmission itself made no findings, either orally or in
writing. I
The City correctly argues that due process does not require that the City Commission
make findings in order to support its decision. &c Broward County v. G.B. Y. International.
I Aa ~ 0( City staII". interpretarioa of sutftcicnc tlndinp of fact CIII be found at pap 10, U D., of die SPRAB'.
statf report oe the Dneloper'J applieanOD.
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Ltd., 787 So. 2d 838 (PIa. 2001). This ignores the City's LDR, though, which specifical1y
. requ~ lindinp. The imtxntance of the requirement in P1'eSe1'ving the Developets rights to
seek accurate nwiew of an adverse decisiou C8IIJ1Ot be OVe!3tated. Sell id. 81846 ("(w)e DOte
that the CClIIIrnission did Iiltle to facititate judicial review or to bolster its OWD decision; it
made DO lindings, stated no format reason for its decision, and issued DO written order.
A1thoush the Court in Board of~ Commi.r.rionen v. Snyde" 627 So. 2d 469,476 (PIa.
1993), IeCOIDInalded but did Dot require writtea finctinlll of fact in a quasi-:iudicial
}lIllCeeding, 01ll'rn1ing in that cue has been caJ1ed into lJlICB1ion in subsectuent yeaq. (footnote
omitted)");Dwuaa v. MetropolilanDode Co",,~ Board OfCOWt~C01Il1Iri.uionen, 794 So.
2d 1270 (PIa. 2001) O'ariente,joined by Anstead andI.ewi., CODcuning). Whaa DO iindinlll
are made, it is impoum1e to review whether the lDl!iority of commisaionc:n asreed that the
Developer's spplication failed to meet a panicuJar requirement or whether a commission....
decision waa made on an inJpem,i..ible basU. Sa in generat, T.R. Hainline, lr. &: Steven
Diebenow, Snyder HOUile Rule.r' 1M New Defmmce in the Review of Qua.r1-JudkiaJ
DecuioM, FIa. BJ., Nov. 2000; Kenai Penln8u/o Borough v. Ryherd, 628 P. 2d 557 (AIas1ca
1981); 1M Irish Partnuship v. Rommel, 518 A. 2d 356 (R.I. 1986); Rendlno:r Trvcl: and
Auto CoUbion.lnc. v. Zoning BOfJrd of Appealr. City of Syracuse, 552 N. Y.S. 2d 791 (N.Y.
App. Div. 4th Dep't. 1990); DoJI1IIe)IeI' v. Lacey Town.rhq, BOfJrd of Adjustment, 529 A. 2d
1063 (NJ. Super. Ct. 1987).
Site plan llJlprovaJ may be conditiODed only on satisfaction of regulations capable of
objective detenninati.,;, in an aduUnistnmve ~g. Pari: ofCommerr:e Associates v.
Ci~ of Delroy Beach, 606 So. 2d 633 (FlL 4th DCA 1992), approved 636 So. 2d 12 (Fla.
1994). It follows, then. that the site plan approval here could be reversed by the City
COmmission only if it determined that there was a procedural il1'egularity before the SPRAB
or if the SPRAB's required fact finding was flawed
Boston'. appeaJ raised this latter ground. Consequently, in order to reverse the
SPRAB the City Commission, os a body, Was required to detennine, explicitly, that the
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Developer failed to satisfy at least oneoftbe requimI, objective criteria for site plan approval.
S. B.el1evw Shopping Center Auociotu v. Cltase, 5S6 A. 2d 45, 46 (Rl. 1989) (hearing
transcript disclosed opinions of various zoning review board members but board failed to
issue findinp; ii)n oar.mew of the VlIIying expreaiOllll of opiniOllll given by the board, it
becomes obvious that a DIl!iority of the board did DOt as- on auyone _ for deaia1 of
the applicatioa.,. Tnmscripta of the Septem),a- and October, 2001 City Commissioa
hearings show that iDdividuaJ JDember. el<pnlssed concema about drainage pI'OVioiOllll,
compatibility with a4iacent properties, c:onsiateacy with the cOllJ)lre\leosiv pIau, -iDs.
property values, and safety, amODg other issues. At least ODe ~er expressed a concem
about wbether the existing zonina code shou1d be revised. Without the IeqUited findinp of
fact. tboush, Ibis Court is uaable to detenaine whether the DIl!iorityof -isoiODell as-d
on anyone defici9!lCY and, if so, whether the deficiency could legally be used to defeat the
Developer's site plan approval.
Wbile the City was not required to impose on its Commission the obligation to make
findinp of fact when sitting as au appel\ate body, it chose to do so. Having created this
important procechuaJ safeguam, it may DOt lDIiIateraUy decide to deny acilizea its protection.
A decision to do so departs 1iom the essential ~ts of law. See Step"_ v. Paii.e,
727 So. 2d 1075 (FIa. 4th DCA 1999) (trial COUrt departed 1iom essential rcquimnenll of1aw
in fai1ing to foUow statutoty prnceduno U concIilion precccfe"t to srauting plaintiff rigbt to
seek JlUIIitive damases); Habig v. Hane" 447 NoE. 2d 1114 (Ind. Ct App. 1983) (whent
Indiana law required boardo of zoning appeal to set out written findinp of fiI<:t, action should
be remanded where board fails to do so).
Because the City's orden departed from the essential requirements oflaw, we srant the
Developers' Amended Petition, quash the orden of the City COmmission sranliDg the appeaJ,
and remand the action back for further JllOCeedinp consistent with this decision. We DOte
that BostoD'S appeal remains pending. However, if the City COmmiSSiOD 's composition lIaI
changed siDce the orden appealed, the appeal should be cODsidered lie JIQYQ. S'I Bellevue
P~ge .5.
~
c,
Shopping Center Assoclata, SS6 A. 2d at 46.2
(BERGER and LABARGA, Jl., concur)
'We n!fec:t .... Dneloper>. CCIIltaUioa daM 8OItOII.s Wliwd . riPt ro appaI, diYatin, the City COII'I'I1isIiOll of
juriatictio& The pn. Reciprocal AJR'ICkho;gf spdIaJIy COIIIq)Iated rIa. Octo_ 2. 200' harm... pin, t'orwIrd. The
odter substaadw iSIUeI raised by die Dcwfopcr .. made moot or pI'CIrIaftn by our decision.
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IN nIB C1RCUlr COURT OF THB FlFI'EENTH JUDICIAL ClRcurr
IN AND FOR PALM BEACH COUNTY. FLORIDA
CASE NOS.: AP 01-104O~ At
(Consolidated)AP 01-11228 AY
ROSA HOTEL DEVELOPERS,
INC., a Florida Corportaticm, LOUIS
CAPANO, FRANCES MARlNCOLA,
aDd VISTA DEL MAR, a Florida Limited
Liability Company,
OpiniODlDecision filed:
Petition from the City Commission of
the City ofDeJray Beach, Florida,
Petitioners,
v.
Petitioned: October 9. 2001" October 31.
2001
THB CITY OP DBLR.AY BEACH, a
Florida MUDicipal CoqJoration,
Respcmdcmt.
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DATE OF: 11J11t1t 11. 2003
P ANBL: Berpr. M.._ And, .Aharp.
AFFlRMEDIREVERSED/O'IBER. PETlTION GRANTRn DECISION OUASHP.n_ and
CAU8RREMANnRQ
PER. CURIAM OPINJON/DEClSION BY:
DATE CONCURRING: ) DISSENTING:
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,.
CITY COMMISSION
CITY OF DELRAY BEACH, FLORIDA
IN RE: Appeal of Administrative Decision Relating to Hotel Vista Del Mar
I
FINAL ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH ON
THE APPEAL OF AN ADMINISTRATIVE DECISION OF THE PLANNING DIRECTOR
REGARDING THE SITE PLAN SUBMITTED TO THE SITE PLAN REVIEW AND
APPEARANCE BOARD FOR THE HOTEL VISTA DEL MAR DEVELOPMEtfi
The City Commission of the City of Delray Beach. Florida held a quasi-judicial
hearing on April 13, 2004. Having heard the testimony of the parties. based on the
entire evidentiary record. including but not limited to, the findings contained within the
staff report, the City Commission finds that there was substantial competent evidence to
grant the appeal.
(1) The Director of Planning and Zoning Board whose original determination was
being appealed, admitted on the record that his early determination was incorrect
because there was no legally existing site plan to be amended.
(2) The City Commission determined that based on the attached Court opinion,
a Class II modification to an existing site plan was inappropriate because there was no
valid legal site plan to be modified.
(3) By motion and vote the City Commission determined that the applicant must
seek review of the site plan before the City Commission in a de novo proceeding per the
Court opinion. In the alternative, the City Commission informed the applicant that the
applicant, if it desires to do so, may submit the proposed mOdifications to the site plan to
the Site Plan Review and Appearance Board as a Crass v site plan, or abandon the site
plan that was the subject of the writ of certiorari to the Circuit Court and proceed to
submit a new site plan to the Site Plan Review and Appearance Board. The motion was
unanimously passed 5 to O.
DONE AND ORDERED this
d.~~ dayof ~
DEL B
By:
. 2004.
ATT .
a.By: ~.~, ~- ~~
~,.~ City Clerk
I HEREBY CERTIFY that the above order was sent by United States mail to:
Charles Siemon, Esq., Siemon & Larsen, P.A, 433 Plaza Real, Suite 339, Boca Raton,
FL 33432; Harvey E. Oyer, III, Esq., Gunster, Yoakley & Stewart, P.A, 777 South
Flagler Drive. Suite #500 East, West Palm Beach, FL 33401-6194; Dennis P. Koehler,
Esq., 1280 North Congress Avenue, Suite 104, West Palm Beach, FL 33409; and Paul
Darling, Director of Planning and Zoning, City of Delray Beach, 100 N. W. 1 st Avenue,
Defray Beach,FL 33444 on this J. ~ of a,u;e . 2004.
2
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IN THE CIRCUIT COURT OF TIlE l'1tiEENTIlJUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
VISTA DEL MAR, L.C.,
A FLORIDA LIMITED LIABILITY COMPANY,
APPELLATE DIVISION (CIVIL)
Petitioner.
CASE NO. 502004CAOOS508XXXXMB
v.
THE CITY OF DELRA Y BEACH,
A FLORIDA MUNICIPAL CORPORATION.
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Respondent
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Opinion tiled:
JAN 1 8 2005
Petition for Writ of Certiorari from the City ofDelray Beach, City COmmission
For Petitioner. Charles L. Siemon, Esq..
Siemon & Larsen, Mizner Park, 433 Plaza Real, Suite 339. Boca Raton, FL 33432
For Respondent, Susan Ruby, Esq., City Attorney, City ofpelray Beach, 201 NW 1st Ave,
Delray Beach, FL 33444
PER CURIAM
This is an administrative appeal via Petition for Writ of Certiorari from the City
Commission of the City of Delray Beach ("City''). This case is a recurring appeal, the previous
appeal was Rosa Hotel v. Delray Beach, case no. 50200 I APO I 040SXXCTA Y. The appeal
centers around the Benhuda Inn located on AlA, just south of Atlantic Avenue. The Petitioner,
Vista Del Mar, t.L.C. ("Petitioner''), wants to tear it down and build a five story hotel on the
location. The Site Plan and Review Board C'SPRAB'') approved a plan to build such a hotel.
Boston's restaurant brought an appeal and the City granted it. The Petitioner filed a Petition for
RECEIVED
JAN 2 ~ 200S
CITY ATTORNEY
, oJ
Writ of Certiorari to this Court. This Court granted the Writ by finding that the City did not
follow its own rules by failing to promulgate a written order. The Court remanded the matter and
specifically stated that Boston's appeal was still pending. The Court also stated that Boston's .
appeal should be heard de novo if the composition of the City Commission had changed:
Because the City's orders departed from the essential requirements of law, we grant
the Developer's Amended Petition, quash the orders of the City Commission granting
the appeal, and remand the action back for further proceedings consistent with this
decision. We note that Boston's appeal remains pending. However, if the City
Commission's composition has changed since the orders appealed, the appeal should
be considered de novo.
After this Court's Opinion, no action was taken on Boston's appeal. The Petitioner then sought
new changes to the site plan and a new objector appealed. The City once again granted the
appeal and Petitioner filed a Petition for Writ of Certiorari arguing, inter alia, that the City once
again has not followed its own rules. Petitioner argues that (1) the Rosa Hotel opinion meant that
the initial SPRAB plan was approved because Boston's waived their right to appeal by failing to
prosecute it; (2) the new objector had no standing to object; and (3) the City Commission's
grounds for approving the appeal were flawed and not supported by competent evidence. In its
written order granting the second appeal, the City COmmission stated that (1) the Director of
Planning admitted that there was no legally existing site plan to be amended; (2) based on this
Court's decision in Rosa Hotel, the City COmmission detennined that a Class II modification to
an existing site plan was inappropriate because there was no existing site plan to be modified; (3)
by motion and vote the City COmmission determined that the applicant must seek de novo review
per the Court's opinion, or submit the Proposed modifications to SPRAB as a Class V site plan;
or finally, abandon the earlier site plan and submit a new site plan to SPRAB. (R. I). These
.,
assertions by the City are accurate, however, the City did not follow this Court's earlier opinion
in Rosa Hotel, thereby not observing the essential requirements of law.
Boston's appeal still remains pending before the City Commission. The composition of
the commission changed and therefore, the appeal is to be heard de novo, pursuant to this Court's
earlier opinion. (See transcript, April!3, 2004 City Commission Meeting). The City
Commission should either hold a de novo review of the appeal or dismiss the appeal for failure to
prosecute, if no action is taken after a hearing is set. Petitioner's other arguments need not be
reached. After the disposition of Boston's appeal is finalized, the new objector would then have
the option of bringing a timely appeal to the City Commission.
The Petition for Writ of Certiorari is GRANTED. The case is REMANDED back to the
Delray Beach City Commission to address Boston's appeal, which still remains pending.
BARKDUll, McCARTHY, and CROW, JJ., concur.
IN TIm CIRCUIT COURT OF THE }cl1tTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CASE NO.: S02004CAOOSS08XXXXMB
VISTA DEL MAR, L.C.,
A FLORIDA LIMITED LIABILITY
COMPANY,
OpinionIDecision filed:
Petitioner,
Petition for W~t of Certiorari fiom the City
ofDelray Beach, City COmmission
v.
TIlE CITY OF DELRA Y BEACH,
A FLORIDA MUNICIPAL CORPORATION,
Petitioned: May 28, 2004
Respondent
I Rendered:
AFFIRMED~BD/011IER:
PETITION GRANTml
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DATE OF:_
JAM 1 8 2005
PANEL: Barkdull McCarthv. and Cm~
PER CURIAM OPINIONIDECISION BY:
DATE CONCURRING: ) DISSENTING: ) CONCURRING SPECIALLy: )
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IN THE CIRCUIT COURT OF THE FIFTEENTH ruDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
VISTA DEL MAR, L.C.,
a Florida Limited Liability Company,
Petitioner,
vs.
THE CITY OF DELRA Y BEACH"
a Florida Municipal Corporation,
Respondent.
BY ORDER OF THE COURT:
APPELLATE DMSION (CIVIL)
CASE NO. S02004CAOOSS08XXXXMB
Division: 'A Y'
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THIS CAUSE came before the Court on Petitioner's Motion for Clarification. The Court
being fully advised in the matter, it is hereby
ORDERED and ADJUDGED that Petitioner's Motion for Clarification is DENIED.
ORDERED:
FEB 1 5 2005
cc:
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JUDGE
Charles L. Simeon, Esq., 433 Plaza Real, Suite 339, Boca Raton, FL 33432
Susan A. Ruby, Esq., City Attorney, 200 NW 1st A VB., Dekay Beach, FL 33444
MANDATE
FRO M
CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR
PALM BEACH COUNTY, FLORIDA :" .:.... ~
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This cause having been brought to this Court by appeal, and after due c~nsidc;ftion the
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APPELLATE DIVISION
court having issued its opinion;
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YOU ARE HEREBY COMMANDED that such further proceedings be had in said
cause in accordance with the opinion of this Court, and with the rules of procedure and
laws of the State of Florida.
WITNESS THE HONORABLE THOMAS H. BARKDULL, ill , Presiding Judge of the
Appellate Division (Civil) of the Fifteenth Judicial Circuit and seal of the said Court at
West Palm Beach, Florida on this day
DATE: FEBRUARY 2Sni, 200S
CIRCUIT APPEAL CASE NO. S02004CAOOSS08XXXXMB;
COUNTY CASE NO.:
SHARON R. BOCK
.
. CLERK. AND CO~LLER
Palm ach CQunty, . d4
· 0LJ o:n:
By: RI PAIGE Deputy Cl r
ORIGINAL TO:
CC: DAVID A. CORE, ESQ., AND GENTRY DENISE BENJAMIN, SQ.
L.C. VS. CITY OF DELRA Y BEACH
RECEIVED
FEB 2 8 l005
CITY ATTORNEY
WHEREAS, Martin Luther King, Jr. was born on January 15, 1929, in
Atlanta, Georgia, and dedicated his life to all Americans being able to enjoy
the freedom guaranteed every citizen under the United States Constitution;
and
WHEREAS, January 16, 2006, will be observed as Martin Luther
King, Jr. Day in honor of the memory and ideals of Dr. King; and
WHEREAS, Martin Luther King, Jr. labored tirelessly to obtain
equality of opportunity for all Americans; and
WHEREAS, Dr. King was instrumental in the advancement of
equality for all Americans; and
WHEREAS, January 16th should serve as a reminder to each of us of
the sacrifices made by some Americans in order to secure the rights of all
Americans.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray
Beach, Florida, on behalf of the City Commission do hereby proclaim
January 16, 2006 as
MARTIN LUTHER KING, JR. DAY
in the City of Delray Beach, and urge all citizens to reflect upon the efforts
and sacrifices made by Dr. King on behalf of all Americans and join in the
celebration of his contributions to the struggle for peace and freedom for
our nation and throughout the world.
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 3rd
day of January, 2006.
JEFF PERLMAN
MAYOR
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DRMY'u..CH
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1be Boord of Directors for the
Dr. Martin Luther J(jng, ]r. Nalionlll Holiday CelebratilJn
1993
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DATE: May 12,2005
MAY I 3 2005
TO: Mayor Jeff Perlman, City of Delray Beach
100 N. W. lit Avenue
Delray Beach, Florida 33444
FROM: Mr. Irwin Rockoff, Board Member
Board of Directors of the Dr. Martin Luther King, Jr.
National Holiday Celebration
RE: Request for and copy of the Proclamation to be issued for the
2006 Dr. King, Jr. Holiday
Please inform me of the date and time that the Proclamation will be read in a
City Commission meeting.
"
JliWin Rockoff
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Keep the Dream Alive
PROCLAMATION
WHEREAS, the Charter and the Code of Ordinances of the City of Delray Beach,
Florida, provides for the calling of a First Nonpartisan Election for the purpose of electing two (2)
City Commissioners; and
WHEREAS, pursuant to said Charter and Code of Ordinances provisions the City
Commission deems it necessary to call for the First Nonpartisan Election on the second Tuesday of
March each year.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission, do hereby call for the First Nonpartisan Election to be
held on Tuesday, March 14, 2006, between the hours of 7:00 a.m. and 7:00 p.m., at all the
precincts and polling places in the City of Delray Beach as designated by the Supervisor of
Elections.
ALL QUALIFIED ELECTORS of the City of Delray Beach, Florida, shall be
qualified to vote in such election.
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 3'd day of January, 2006.
JEFF PERLMAN
MAYOR
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TO:
THRU:
FROM:
SUBJECT:
DAVID-.~ CI ANAGER
PAUL 6~L1NG, DIRECT - OF PLANNING AND ZONING
NGUYEN TRAN, SENIO PLANNER ~
MEETING OF JANUARY 3, 2006 41~~ Jz~ CONSENT AGENDA * * *
APPROVAL OF A FINAL SUBDI~~leSN PLAT FOR GRAMERCY SQUARE, A
109-LOT, FEE-SIMPLE TOWNHOUSE DEVELOPMENT, LOCATED ON THE
WEST SIDE OF MILITARY TRAIL, APPROXIMATELY 660 FEET SOUTH OF
WEST ATLANTIC AVENUE.
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The subject property consists of Lot "A" (3.621 acres) and Lot "B" (4.19 acres) of Mil-Atlantic Plat, and 7
separate, unplatted parcels (5.819 acres). The site is located on the west side of Military Trail, between
Points West Plaza to the north and Country Club Acres 3rd Addition to the south. On January 5, 1999, the
City Commission approved the Conditional Use request to establish an Assisted Living Facility (ALF) and
Adult Day Care for a project to be known as Mil-Atlantic ALF. Subsequently, the Site Plan Review and
Appearance Board (SPRAB) approved the site plan on August 25, 1999. The site plan and conditional use
approvals expired, and on July 10, 2001, the City Commission re-approved the original conditional use
request to establish an ALF on the subject property. The plat for Mil-Atlantic was approved on July 2, 2002
and later recorded in Plat Book 95, Pages 167-169. On August 8,2001, SPRAB approved a Class V Site
Plan for a new ALF/ Independent Living Facility (ILF) and Adult Day Care. On January 22, 2003, SPRAB
granted a site plan extension and the project was never constructed. December 20, 2004, the Planning and
Zoning Board recommended approval to the City Commission of the voluntary annexation of 7 unplatted
parcels to the west of the Mil-Atlantic development which included a Future Land Use Map Amendment and
initial zoning designation of RM-8 (Medium Density Residential-8 units per acre). On April 13, 2005, SPRAB
granted site plan approval for a 109 unit townhouse development to be located on the Mil-Atlantic parcel and
the newly annexed parcels. Additional background and a complete analysis of the request are found in the
attached Planning and Zoning Board reports.
The proposed plat consists of a 109-lot, townhouse type development to be constructed on lots that range in
size from 24.00' to 39.38' wide by 86.18' to 118.56' deep. Vehicular access is provided by two dedicated
internal access tracts, Tract "A" and Tract "B". Tract "A" provides access to all Lots and Tracts located north
of the Lake Worth Drainage District Canal L-34 while Tract "B" provides access to all Lots and Tracts located
south of the L-34 Canal. A paved road/bridge is proposed to be constructed over the L-34 Canal which forms
a connection between Tract ''1\' and Tract "B". Pedestrian access is provided throughout the site via 5' wide
sidewalks along the interior street system and in front of each building. This sidewalk system connects all the
units with the tot lot area, mail kiosk, pool, cabana area and to the existing sidewalk along Military Trail.
Please see the attached plat for the subdivision layout.
The Planning and Zoning Board considered the proposed plat at their meeting of September 19, 2005 and the
Board voted 7 to 0 to approve the preliminary plat and to recommend to the City Commission approval of the
final plat of Gramercy Square. All technical items have been satisfactorily addressed.
Move approval of the request for final plat approval for Gramercy Square, by adopting the findings of fact
and law contained in the Planning and Zoning staff report of September 19, 2005, and finding that the request
and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section
2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1
(Required Findings for Land Use and Land Development Applications) of the Land Development Regulations.
Attachments:
Location Map. Plat of Gramercy Square
Planning and Zoning Board staff report of September 19. 2005
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PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
September 19, 2005
V.B.
Combined Preliminary/Final Plat for Gramercy Square, a proposed 109-unit
townhouse development located on the west side of Military Trail, approximately
660 feet south of West Atlantic Avenue (Quasi-Judicial Hearing)
GENERAL DATA:
Owner/Applicant......................... Northstar Homes at Gramercy
Square, LLC
Agent.......................................... Miller Land Planning
Consultants, Inc.
Location...................................... West side of Military Trail,
approximately 660 ft. south of
West Atlantic Avenue.
Property Size.............................. 13.63 Acres
Existing Future Land Use Map
Designation................................ MD (Medium Density
Residential
5-12 units/acre)
Existing Zoning Designation........ RM-8 (Medium Density
Residential - 8 units/acre)
Adjacent Zoning................North: PC (Planned Commercial)
East: R-1-A (Single Family
Residential) and GC (General
Commercial)
South: County RS (Single Family
Residential)
West: County AR (Agricultural
Residential)
Existing Land Use...................... Vacant land and 3 single
family residences.
Proposed Land Use.................... Construction of a 109 unit fee-
simple townhouse
development
Water Service............................. Available via connection to an
existing 12" water main along
the east side of Military Trail
and an 8" main at the
southeast corner of the
shopping center to the north.
Sewer Service............................. Available via installation of a lift
station and connection to a 4"
force main along the west side
of Military Trail.
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The item before the Board is that of approval of a preliminary plat and certification of a
final plat for a 13.63 acre, 109-lot townhouse development to be platted as Gramercy
Square. The subject property is located on the west side of Military Trail, approximately
660 feet south of West Atlantic Avenue.
This plat is being processed pursuant to LOR Section 2.4.5(J), Major Subdivisions.
The subject property consists of Lot "A" (3.621 acres) and Lot "B" (4.19 acres) of Mil-
Atlantic Plat and 7 separate, unplatted parcels (5.819 acres). The site is located on the
west side of Military Trail, between Points West Plaza to the north and Country Club
Acres 3rd Addition to the south. The property has an extensive land use history and the
following is a summary of the most recent land use actions to date.
At its meeting of January 5, 1999, the City Commission approved the Conditional Use
request to establish an Assisted Living Facility (ALF) and Adult Day Care for a project to
be known as Mil-Atlantic ALF. Subsequent to the approval of the Conditional Use
request by the City Commission, an application for site plan approval was submitted,
and at its meeting of August 25, 1999, the Site Plan Review and Appearance Board
(SPRAB) approved the site plan for Mil-Atlantic ALF with conditions. The site plan and
conditional use approvals expired, and on May 4, 2001, a Conditional Use request was
submitted to re-approve the original application to establish an ALF/ILF (Independent
Living Facility) and Adult Day Care at the subject property. At its meeting of July 10,
2001, the City Commission approved the conditional use request to establish an
ALF/ILF and Adult Day Care subject to conditions. The plat was approved at the City
Commission meeting of July 2, 2002, and was subsequently recorded in Plat Book 95,
Page 167-169. At its meeting of August 8,2001, the Site Plan Review and Appearance
Board (SPRAB) approved, with conditions, the Class V site plan for Mil-Atlantic, a new
Assisted Living Facility (ALF), Independent Living Facility (ILF) and Adult Day Care. All
conditions associated with the approval have been addressed and the site plan was
certified. At its meeting of January 22, 2003, the Site Plan Review and Appearance
Board approved the request for an extension of the Class V site plan, landscape plan
and architectural elevations for Mil-Atlantic. The project was never constructed.
At its meeting of December 20, 2004, the Planning and Zoning Board recommended
approval to the City Commission of the voluntary annexation of 7 unplatted parcels
located adjacent and to the west of the Mil-Atlantic development which included a
Future Land Use Map Amendment from County HR-8 to City Medium Density
Residential 5-12 dulac, and an initial zoning designation of RM-8 (Medium Density
Residential RM - 8 du/ac). At its meeting of April 13, 2005, the Site Plan Review and
Appearance Board granted site plan approval for a 109 unit townhouse development
named Gramercy Square to be located on the Mil-Atlantic Parcel and the newly
annexed parcels.
P&Z Board Staff Report
Meeting of September 17, 2005
Gramercy Square Plat
Page 2
The plat currently before the Board is required for multi-family/townhouse type
developments.
The proposed plat consists of a 109 lot subdivision located on a 13.63 acre site having
an overall density of 7.99 units per acre. The townhouse structures will be developed
on lots that range from 24.00' to 39.38' wide by 86.18' to 118.56' deep.
The development proposal contains 109 two-story townhouse units in nineteen (19)
separate buildings. Building Type "\" includes 10 buildings of five units each; 2 three
bedroom units (1,759 sq. ft. each) and 3 four bedroom units (1,953 sq. ft each).
Buildings Type "II" includes 4 buildings of six units each; 4 three bedroom units (1,759
sq. ft. each) and 2 four bedroom units (1,953 sq. ft. each). Buildings Type "III" includes
5 buildings of seven units each; 4 three bedroom units (1,759 sq. ft. each) and 3 four
bedroom units (1,953 sq. ft. each). All units consist of a one car garage and a space for
two cars in the driveway. The proposal also includes the construction of recreational
facilities consisting of a swimming pool, cabana area, tot-lot, installation of walkways,
associated parking and landscaping.
Vehicular access is provided by two dedicated internal access tracts, Tract "A" and
Tract "B". Tract "A" provides access to all Lots and Tracts located north of the Lake
Worth Drainage District Canal L-34 while Tract "B" provides access to all Lots and
Tracts located south of the L-34 Canal. A paved road/bridge is proposed to be
constructed over the L-34 Canal which forms a connection between Tract "A" and Tract
"8". Although Lake Worth Drainage District granted an access easement over the L-34
Canal for the previous project, Mil-Atlantic, Gramercy Square relocated this access
easement approximately 168' further west. A new access easement will be required for
this relocation and the old access easement needs to be either released or abandoned.
This is a condition of approval.
In addition to Tracts "A" and "B", an existing 60' wide ingress-egress easement located
along the west side of this plat has been rededicated as Tract "C". As with Tract "A"
and "B", Tract "C" has been dedicated to Gramercy Square Homeowners Association as
an access tract. Additional dedication language is needed for Tract "A", Tract "8" and
Tract "C" to provide access for the 6 unplatted parcels (located on the west side to Tract
"C") through this development to Military Trail. In addition, Tract "A" (shown on sheet 3
of 5) needs to be extended across the open space tract, Tract "OS-1" to connect with
Tract "C" to satisfy this requirement. These are conditions of approval.
Water and Sewer lines will be installed within utility easement areas and Drainage has
been accommodated via Drainage Easements with outfall into a Lake Management
Tract, Tract "L-1". However, the proposed lift station located near the northeast corner
of the southern half of the development has not been accommodated via a dedicated lift
station easement. The dedication of a lift station easement is a condition of approval.
P&Z Board Staff Report
Meeting of September 17, 2005
Gramercy Square Plat
Page 3
Pedestrian access is provided throughout the site via a 5 foot concrete sidewalk along
the interior street system and in-front of each building. This sidewalk system connects
all the units with the tot lot area, mail kiosk, pool, cabana area and to the existing
sidewalk along Military Trail.
Pursuant to Section 3.1.1 of the land Development Regulations, prior to approval
of development applications, certain findings must be made in a form which is
part of the official record. This may be achieved through information in the
application, the staff report, or l11inutes. Findings shall be made by the Board to
approve or deny the development application. These findings relate to Future
land Use Map Consistency, Concurrency and Consistency with the
Comprehensive Plan, and Compliance with the land Development Regulations.
Section 3.1.1 (A) - Future land Use Map: The resulting use of land or structures
must be allowed in the zoning district within which the land is situated and said
zoning must be consistent with the applicable land use designation as shown on
the Future Land Use Map.
The subject property has a Future Land Use Map designation of Medium Density
Residential 5-12 units per acre (MD), and is zoned Medium Density Residential - 8
units per acre (RM-8). Pursuant to LDR Section 4.4.6(8) (3), within the RM zoning
district, multiple family structures are allowed as a permitted use, subject to compliance
with the performance standards of LOR Section 4.4.6(1). The RM zoning district is
. typically limited to a maximum density of 12 units per acre; however the subject property
is further limited to 8 units per acre based upon the affixed numerical suffix. As the
proposed density is 8.0 units per acre, it is appropriate to make a positive finding with
respect to consistency with the Future Land Use Map designation.
Section 3.1.1 (B) - Concurrency: Pursuant to Section 3.1.1 (B) Concurrency as
defined pursuant to Objective B-2 of the Future land Use Element of the
Comprehensive Plan must be met and a determination made that the public
facility needs of the requested land use and/or development application will not
exceed the ability of the City to fund and provide, or to require the provision of,
needed capital improvements for the following areas:
Water and Sewer:
. Water service will be provided via installation of 8" water mains along the interior
road network that will connect to an existing 12" water main near the southeast
corner of the development in Military Trail right-of-way.
. Sewer service will be provided via installation of 8" sewer mains within the interior
access road and installation of a lift station that will connect to an existing 4" force
main along the west side of Military Trail right-of-way.
P&Z Board Staff Report
Meeting of September 17, 2005
Gramercy Square Plat
Page 4
. Fire protection will be provided via twelve fire hydrants strategically located at 400
feet spacing throughout the development. The Comprehensive Plan states that
adequate water and sewer treatment capacity exists to meet the adopted LOS
(Level of Service) at the City's build-out population based on the current FLUM. The
109 unit multiple family residential development was factored into the plan; thus, a
positive finding with respect to this level of service standard can be made.
Streets and Traffic:
A revised traffic study for the subject property has been submitted. A letter from the
Palm Beach County Traffic Division has been received stating that the proposal
complies with the Traffic Performance Standards in Article 12 of the Palm Beach County
Land Development Code. Based upon the above a positive finding with respect to traffic
concurrency can be made.
Parks and Recreation Facilities:
The proposed 109 residential units will not have a significant impact with respect to level
of service standards for parks and recreation facilities. Pursuant to LOR Section 5.3.2,
a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a
building permit for each unit. A total fee of $54,500 will be required of this development
for parks and recreation purposes.
Solid Waste:
Trash generated each year by the 109 units is 56.68 tons of solid waste per year (109
units x 0.52 tons of solid waste per year = 56.68 tons). The trash generated by this
proposal can be accommodated by existing facilities; therefore, a positive finding with
respect to this level of service standard can be made.
Drainaae:
Drainage will be accommodated on site via sheet flow into catch basins with outfall into
a lake management Tract, Tract "L-1". There should be no impact on drainage as it
relates to this level of service standard.
Schools:
The Palm Beach County School District has approved the application for Concurrency
Determination for this 109 unit residential project.
Section 3.1.1 {g - Consistency: Pursuant to Section 3.2.1 (Basis for
Determining Consistency), the performance standards set forth in Section 3.2.3
(Standards for Site Plan and/or Plat Actions) shall be the basis upon which a
finding of overall consistency is to be made.
As described in Appendix "A", a positive finding for consistency can be made as it
relates to Standards for Plat Actions.
P&Z Board Staff Report
Meeting of September 17. 2005
Gramercy Square Plat
Page 5
Section 3.1.1 (Q) - Compliance with the land Development Reaulations:
. lOR Section 4.3.3(0)(2) (Plat Reauired):
Each townhouse, or townhouse type, development shall be platted with a minimum
designation of the interior street system as a tract. When the dwelling units are to be
sold, each unit must be shown on the plat. Internal access tracts, Tract "A", Tract
"B" and Tract "C" have been dedicated as a means of ingress-egress to all platted
lots. The submitted plat meets all other requirements.
. lOR Section 6.1.3(B)(2)(Sidewalk Desian Reauirements ):
Pursuant to LOR Section 6.1.3(8)(2), 5' wide sidewalks must be constructed within
the street right-of-way (or easement or tract) and must be constructed adjacent to
the right-of-way (easement or tract) line. A 5' wide concrete sidewalk is shown on
the paving and grading plan to be installed around the exterior side of the looped
road as well as around the majority of the interior side of the looped road. Since the
sidewalk has been installed outside of the access Tracts, a sidewalk easement has
been dedicated on the plat.
. lOR Section 5.3.1 (Riaht-ot-Wav Dedication):
Per LOR Section 5.3.1 (A), streets, public or private, shall be shown on all
subdivision plats as tracts dedicated for such purposes.
Vehicular access will be taken directly from Military Trail via dedicated access tracts,
Tract "A", Tract "B" and Tract "C". Military Trail is currently at an ultimate right-of-
way width of 120'; therefore, no additional right-of-way is required along Military
Trail.
. Section 6.1.2(C)(3)(a)(Pavement Width):
Pursuant to LOR Section 6.1.2(C), upon the recommendation of the City Engineer,
and with the approval of the Fire Marshal, the City Commission may authorize a
reduction in the minimum required width of paving if it is determined that the
requirements of this subsection would not be feasible or would constitute a hardship
in a particular instance and provided this reduction would not endanger public safety
and welfare. The development proposal provides a 20 foot wide street with two feet
of valley gutter on both side of the pavement. The City Engineer and Fire Marshal
have previously supported reductions that have been granted to the standard aisle
width for other townhouse projects such as Atlantic Palm, Atlantic Grove and Legacy
at Sherwood Forest. In this particular request, the two foot valley gutter on either
side of the road will provide sufficient area for large emergency vehicles to navigate
the road. The waiver to reduce the required pavement width from 24' to 20' was
scheduled for City Commission action at their regularly scheduled meeting of May
17,2005 and was approved.
P&Z Board Staff Report
Meeting of September 17, 2005
Gramercy Square Plat
Page 6
Comprehensive Plan Policies:
A review of the objectives and policies of the Comprehensive Plan were conducted
with the Site Plan and all applicable objectives or policies along with a discussion on
how they are addressed is attached as Appendix "C".
Technical comments from the Planning & Zoning Department and Environmental
Services Department are attached as Appendix "B", and must be addressed prior to
scheduling of the plat for City Commission. While there are several comments, they are
minor in nature and will not impact the general plat diagram.
This project proposal is not within the geographical area requiring review by the Historic
Preservation Board (HPB), the Community Redevelopment Agency (CRA) nor the
Downtown Development Authority (DDA).
Courtesy Notices:
A courtesy notice has been sent to the following neighborhood and civic associations:
o President's Council
o PROD (Progressive Residents of Delray)
Letters of objection or support, if any, will be presented at the Planning and Zoning
Board meeting.
The development proposal to construct a 109 unit townhouse development is consistent
with the Zoning and Future Land Use Map designation for the subject property. Positive
findings can be made with respect to LOR Section 3.1.1 (Required Findings for Land
Use and Land Development Applications), Section 3.2.3 (Standards for Site Plan and/or
Plat Actions) and Goals, Objectives and Policies of the Comprehensive Plan. The plat
and engineering plans will require minor technical modifications, as listed in "Appendix
"B" - Technical Items" section of this report, before it can advance to the City
Commission.
A. Continue with direction.
P&Z Board Staff Report
Meeting of September 17. 2005
Gramercy Square Plat
Page 7
B. Move a recommendation of approval to the City Commission of the request for a
Final Plat approval for Gramercy Square, by adopting the findings of fact and
law contained in the staff report, and finding that the request and approval
thereof is consistent with the Comprehensive Plan and meets criteria set forth in
Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan
and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land
Development Applications) of the Land Development Regulations, subject to
conditions.
C. Approve the preliminary plat, and require submittal of a final plat to be processed
separately.
D. Move a recommendation of denial to the City Commission of the request for a
Final Plat approval for Gramercy Square, based upon a failure to make positive
findings of fact and law contained in the staff report, and failing to make positive
findings that the request and approval is consistent with the Comprehensive Plan
and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3
(Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required
Findings for Land Use and Land Development Applications) of the Land
Development Regulations.
Move a recommendation of approval to the City Commission of the request for a Final
Plat approval for Gramercy Square, by adopting the findings of fact and law contained
in the staff report, and finding that the request and approval thereof is consistent with
the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major
Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section
3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land
Development Regulations, subject to the following conditions:
1. That all comments under the 'Technical Items" section (Appendix "8") of
the report be addressed prior to scheduling the plat for City Commission
action; and,
2. That a new access easement be granted by Lake Worth Drainage District
for the proposed access road over LWDD Canal L-34 and the prior access
easement recorded in Official Records Book 13932, Page 177 either be
released or abandoned; and,
3. That additional language be added to the dedication section for Tract "A",
Tract "B" and Tract "C" to provide access to the 6 adjacent lots located
along the western side of the plat and through Gramercy Square
development to Military Trail; and,
P&Z Board Staff Report
Meeting of September 17. 2005
Gramercy Square Plat
Page 8
4. That Tract "A" (as shown on sheet 3 of 5) be extended further west across
Tract "OS-1" to connect to Tract "C"; and,
5. That a Lift Station Easement and associated dedication language be
provided for the proposed lift station located on the southern half of the
development.
6. That a bus shelter easement be provided at the northeast corner of the site
and the half funding of a bus shelter ($7,500) is required.
Attachments:
. Appendix "A"
. Appendix "B"
. Appendix "e"
. Location Map
. Reduced Survey
. Reduced Plat
. Reduced Site Plan
P&Z Board Staff Report
Meeting of September 17. 2005
Gramercy Square Plat
Page 9
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
Does not meet intent
x - This standard will be met once all conditions of approval
have been addressed from the Site Plan.
B. Separation of different forms of transportation shall be encouraged. This includes
pedestrians, bicyclists, and vehicles in a manner consistent with policies found under
Objectives 0-1 and 0-2 of the Transportation Element.
Not applicable X
Meets intent of standard
Does not meet intent
C. Open space enhancements as described in Policies found under Objective B-1 of the
Open Space and Recreation Element are appropriately addressed.
Not applicable
Meets intent of standard X
Does not meet intent
D. The City shall evaluate the effect that any street widening or traffic circulation
modification may have upon an existing neighborhood. If it is determined that the
widening or modification will be detrimental and result in a degradation of the
neighborhood, the project shall not be permitted.
Not applicable X
Meets intent of standard
Does not meet intent
E. Development of vacant land which is zoned for residential purposes shall be planned
in a manner which is consistent with adjacent development regardless of zoning
designations.
Not applicable
Meets intent of standard X
Does not meet intent
F. Vacant property shall be developed in a manner so that the future use and intensity
are appropriate in terms of soil, topographic, and other applicable physical
P&Z Board Staff Report
Meeting of September 17, 2005
Gramercy Square Plat
Page 10
considerations; complementary to adjacent land uses; and fulfills remaining land use
needs.
Not applicable
Meets intent of standard X
Does not meet intent
G. Redevelopment and the development of new land shall result in the provision of a
variety of housing types which shall continue to accommodate the diverse makeup of
the City's demographic profile, and meet the housing needs identified in the Housing
Element. This shall be accomplished through the implementation of policies under
Objective B-2 of the Housing Element.
Not applicable
Meets intent of standard X
Does not meet intent
H. The City shall consider the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation
patterns shall be reviewed in terms of their potential to negatively impact the safety,
habitability and stability of residential areas. If it is determined that a proposed
development will result in a degradation of any neighborhood, the project shall be
modified accordingly or denied.
Not applicable
Meets intent of standard X
Does not meet intent
I. Development shall not be approved if traffic associated with such development would
create a new high accident location, or exacerbate an existing situation causing it to
become a high accident location, without such development taking actions to remedy
the accident situation.
Not applicable
Meets intent of standard X
Does not meet intent
J. Tot lots and recreational areas, serving children from toddler to teens, shall be a
feature of all new housing developments as part of the design to accommodate
households having a range of ages. This requirement may be waived or modified for
residential developments located in the downtown area, and for infill projects having
fewer than 25 units.
Not applicable
Meets intent of standard X
Does not meet intent
P&Z Board Staff Report
Meeting of September 17, 2005
Gramercy Square Plat
Page 11
The following comments must be addressed prior to scheduling the plat for City Commission:
Plannina & Zonina Department Comments:
Technical Comments:
1. Provide a copy of the Declaration of Covenants, Conditions and Restrictions
(Homeowners Documentation) for Gramercy Square Homeowner's Association, Inc.
2. The City has not received responses from utility companies concerning any
necessary easements. The Final Plat cannot proceed to City Commission until all
responses have been received (FP&L, BellSouth, Adelphia, Florida Public Utilities
Co.).
3. Fill out the Notification of Utility Providers Form included with the Final Plat
application and send it to each utility provider listed at the bottom of the form. With
each form, send a copy of the Reduced Plat and Reduced Site Plan. (This comment
pertains to Comment #2 Above)
4. Prior to approval by the City Commission, the plat must be reviewed and certified by
a surveyor under contract with the City of Delray Beach, as per FS 177.081 (1). The
applicant will be responsible for all costs associated with this obligation. To avoid
delays, send a copy of the plat to a surveyor of your choice from the approved list for
their review if this has not already been done.
Plat Comments:
1. Please remove the question marks around Lot ?8? located on the 9th and 16th line of the
third paragraph of the legal description under the dedication section.
2. Lots 1-109, Inclusive needs to be dedicated for proper purposes as allowed pursuant to
the Zoning Regulations of the City of Delray Beach.
3. Dedication language for Tracts A, B & C needs to include drainage and utility purposes.
4. Remove "Palm Beach County" and replace with "City of Delray Beach" located on the
last line of Tract R-1 and Tract R-2 dedication paragraph.
5. Replace the words "Tracts OS-1 and OS-9 as shown hereon" with "Tracts OS-1 Through
OS-9, Inclusive, as shown hereon," located under the dedication section.
6. Dedication language for the Open Space Tracts needs language added to accommodate
Drainage Purposes.
7. Water and Sewer Easement language has been provided but none are shown on the
plat. Show them on the plat as the abbreviations W.E. or S.E.
P&Z Board Staff Report
Meeting of September 17, 2005
Gramercy Square Plat
Page 12
8. The Non-Vehicular Access Line needs to be updated to reflect the current plat and not
the previous plat of Mil-Atlantic. Gaps in this NV AL needs to be filled in to restrict
vehicular access across this line along Military Trail (on Sheet 2 & Sheet 4) except
across the main entrance for this development.
9. Provide the Dedication Language under the Dedication section for the Non-Vehicular
Access Line.
10. Provide a Seal Circle for the Reviewing Surveyor.
11. Provide a Seal Circle for the Mortgagee.
12. Correct the owner listed within the Title Certification Section to reflect the current owner.
13. Correct the spelling of "Zoning" for the Director, Planning and Zoning signature area.
14. Remove the extra "L" in Fire Marshal within the signature area for the Fire Marshal.
15. Provide the County Recording Block at the upper right hand corner of the plat to say:
STATE OF FLORIDA
COUNTY OF PALM BEACH
This plat was filed for record
at this
day of ,200_
and duly recorded in Plat Book
, Pages through
SHARON R. BOCK
CLERK & COMPTROLLER
By D.C.
16. Correct the Bearing Reference statement to reflect the Bearings and Reference of the
current plat (Surveyor's Notes # 1).
17. Remove "Palm Beach County" and replace with "City of Delray Beach", located on the
last line of the paragraph of the Surveyor's Certificate.
18. Correct the spelling of "Madison" Road as depicted on the Location Map.
19. Provide area calculations for every Lot and Tract being created in Square Feet.
20. Correct the spelling of "Military" Trail.
21. Label the width and type of easement (Drainage?) shown across the rear of Lots 28-52,
over Tract OS-2, over Tract OS-3, at the rear of Lots 1-5 and Lots 23-27. This easement
is also depicted on Detail "A" and is not labeled either.
P&Z Board Staff Report
Meeting of September 17, 2005
Gramercy Square Plat
Page 13
22. Certain Street names cannot be used due to their similarity to nearby street names such
as Madison Avenue with respect to Madison Road (located within Country Club Acres
Plat 4 adjacent to the southwest). Please contact Sandy Roberts at 243-7206 for
appropriate street names.
23. An ingress-egress easement was executed and recorded in ORB13932 PG177 that
crosses the LWDD Canal L-34 for the previous project (Mil-Atlantic). This needs to be
released and a new easement required since the road has been relocated further west.
Please contact Lake Worth Drainage District or Mark A. Perry, Counsel for LWDD (50
S.E. Fourth Avenue, Delray Beach, FL 33483) for a new ingress-egress easement. The
Final Plat will not proceed to City Commission until a new easement is recorded and
reflected on the plat.
24. Please move "Sheet 4 of 5" text out of the overlapping text located under the Plat Title.
Environmental Services Department's Comments:
Plat Comments:
1. Provide coordinates on all P.R.M.
2. Provide digital copy of approved plat in format per City of Delray Beach Engineering.
3. Show 12' easements over water mains and sewer mains.
4. Provide drainage easements for all proposed drainage.
5. Define S.E.(sidewalk easement?) on plat legend.
6. Tract "A" dedication language needs to include drainage.
7. Water mains are shown under sidewalks. Provide 12' water main easement.
8. Provide a detailed description of how each of these comments has been addressed with
next submittal.
Technical Comments:
1. Palm Beach County permits are required for this project. Provide copies of the County
Right-of-way permit, drainage permit and utility permit.
2. Health Department permits are required for this project. Provide copies of the water
permit and sewer permit.
3. A SFWMD permit is required for this project. Provide copies of permit or a letter of
exception.
4. A LWDD permit is required for this project. Provide copies of permit or a letter of
exception.
P&Z Board Staff Report
Meeting of September 17, 2005
Gramercy Square Plat
Page 14
5. Verify swales in sections BB and CC at property lines are existing. If swale is new,
explain how swale will be constructed. Sections B-B and C-C require construction
easements from adjacent property owners.
6. Provide drainage easements for all drainage.
7. Indicate sight distances at all ingress/egress points and all intersections. Sight triangles
should be indicated on landscape plans. Provide copy of the revised landscape plans.
Per Section 4.6.14 of LOR's, any landscaping in site triangle "shall provide unobstructed
cross-visibility at a level between 3' and 6'" this includes tree trunks.
8. Provide 12' easements over water main and sewer main.
9. Provide note on the Landscape plans that there shall be .no trees or shrubs placed within
water, sewer or drainage easements.
10. Provide copy of approved Landscape plan.
11. Provide per LOR Section 2.4.3 (F) (4), a composite utility plan that show the location of
all existing and proposed utilities (water, sewer, power, telephone, gas, cable, and
drainage). The composite plan shall be signed by a representative of each utility
provider attesting to the fact that services can be accommodated as shown on the
composite utility plan. The composite plan shall address the responsibility for relocation
of existing services and installation of new services.
12. A plat will be required. No building permit will be issued until the plat is recorded.
13. A certified engineer's estimate of $661,096.00 for water and sewer improvements and
pavement repair is approved. A 110% surety and 2% engineering inspection fees will be
required. A Financial Guarantee and Agreement for Completion of Required
Improvements is required. This agreement can be obtained at
www.mydelraybeach.com. For additional information see Section" of the City of Delray
Beach Minimum Construction Standards. Prior to Certificate of Occupancy and the
return of the 110% surety a 10% warranty surety will be required.
14. Prior to and during construction of all sites, the permitee shall implement and maintain all
erosion and sediment control measures included in the required Pollution Prevention
Plan. For projects over one (1) acre in size, provide a copy of FDEP Notice of Intent.
15. Provide two (2) sets of revised engineering plans to City of Delray Beach Engineering
Department at 434 S. Swinton Avenue and a detailed description of how each of these
comments has been addressed with next submittal.
P&Z Board Staff Report
Meeting of September 17, 2005
Gramercy Square Plat
Page 15
Future Land Use Element Obiective A-1 - Property shall be developed or redeveloped in
a manner so that the future use and intensity is appropriate and complies in terms of
soil, topographic, and other applicable physical considerations, is complimentary to
adjacent land uses, and fulfills remaining land use needs.
The subject property did contain three single family homes (west parcel) and the balance is two
large vacant lots abutting Military Trail. These single family homes have been demolished and
the property is currently a vacant lot. There are no special physical or environmental
characteristics of the land that would be negatively impacted by the proposed multiple family
townhouse development. The Housing Element of the Comprehensive Plan calls for the
provision of infill housing as well as the development of property to provide a variety of housing
types. This development proposal fulfills these needs. The existing single family subdivision
located to the south has a designated land use of LD (Low Density residential). The subdivision
is separated by the LWDD L-34 canal and landscape buffering will have to be provided around
the perimeter of the subject property to mitigate any potential impacts.
Housina Element Policv A-12.3 - In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on the
stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes
and circulation patterns shall be reviewed in terms of their potential to negatively impact
the safety, habitability and stability of residential areas. If it is determined that a
proposed development will result in a degradation of any neighborhood, the project shall
be modified accordingly or denied.
The subject property is adjacent to residential zoning districts to the south Country Club Acres
(Palm Beach County Single Family Residential - RS), to the west (Palm Beach County
Agriculture Residential - AR) and to the east Country Club Acres (Palm Beach County
Agriculture Residential - AR) and to the north by West Pines Plaza (Planned Commercial, PC).
The development proposal has accordingly increased and enhanced the landscaping required
along the perimeter of the development to provide a meaningful separation between these
residential districts and the proposed development. The development will not increase noise,
odor, or dust. Based upon the Palm Beach County Trip Generation Rates the new trips
generated for the development will be 733 total daily trips (7 x 109 - 30 = 733). These trips can
be accommodated in the adjacent roadway. Based upon the above, the proposed development
will not negatively impact the stability of the adjacent residential areas.
Transportation Element Policy A-1.3: The City endorses the continued operations of the
Palm Tran Transit System and its operations in Delray Beach, and through policies of
this Element related to the TCEA, will coordinate with Palm Tran to improve the system.
Pursuant to Transportation Element Policy A-1.3: The City endorses the continued operations of
the Palm Tran Transit System and its operations in Delray Beach, and through policies of this
Element, will coordinate with Palm Tran to improve the system.
As a Palm Tran bus stop already exists at the northeast corner of the site, it was considered
appropriate that a bus shelter easement be provided. The provision of a bus shelter easement
P&Z Board Staff Report
Meeting of September 17, 2005
Gramercy Square Plat
Page 16
and the half funding of a bus shelter is $7,500 is required and attached as a conditions of
approval.
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 recreational facilities such as a swimming pool, cabana
area, and tot lot. The tot lot is appropriate for toddlers, and the swimming pool is appropriate for
children and adults. Thus, the recreation area provided is considered appropriate. Based upon
the above arguments, compliance with the above regulation has been achieved.
Open Space and Recreation - Element Policy B-1.3: New developments shall provide
central focal points at entries and landscape buffers along the external (arterial,
collector) streets which service them.
The proposed landscape plan does include a substantial landscape buffer along the external
street (Military Trail). This landscape buffer includes Live Oak trees, Sabal Palms, Pink Trumpet
and Calypso trees, Crape Myrtle, and Florida Thatch Palm, under-planted with Saw Palmetto,
Jamaica Caper, Stokes Dwarf, Fire Bush and Fakahatchee Grass. A focal point (Landscape
Island) at the entry of the development is also being provided. The focal point includes: two
Washington Palms planted at the southern edge of the landscape island under-planted with Fire
Bush. Also, Stokes Dwarf will be planted along the perimeter of the landscape island with
under-planting of seasonal annuals on the eastern edge of the landscape island.
Housinq Element Obiective 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:
Housina 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.
All of the one hundred and nine (109) proposed town homes provide three (3) and four (4)
bedrooms within nineteen (19) two-story buildings. The residential development is designed to
accommodate families with children. Such goal is accomplished by providing a townhouse
product that has a one car garage and two car driveway, large room sizes, appropriate
recreational facilities including a swimming pool, cabana area and a tot lot, and differing floor
plans that could appeal to different age groups and household sizes. Consequently, the
proposed development is consistent with this housing policy.
LOR Section 2.4.5 (F) (5) - Compatibility (Site Plan Findinas): The approving body must
make a finding that development of the property pursuant to the site plan will be
P&Z Board Staff Report
Meeting of September 17, 2005
Gramercy Square Plat
Page 17
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 subject property is bordered on the north side by Pines West Plaza which has a zoning
designation of City PC (Planned Commercial) and a City Future Land Use Map designation of
General Commercial. On the south/southwest of the subject property lies Country Club Acres
3rd and 4th Addition, a detached single family residential development which has a County
Future Land Use Map designation of Residential (5 units/acre), a County Zoning designation of
RS (Single Family Residential) and an advisory City Future Land Use Map designation of LD
(Low Density Residential). To the east of the subject property lies Country Club Acres 1st and
2nd Addition, a detached single family residential development which has a City Zoning
designation of R-1-A (Single Family Residential) and a City Future Land Use Map designation of
LD. To the west of the subject property lies 3 single family homes and 3 vacant lots. These
parcels are currently being annexed into the City and assigned a Zoning designation of RM-8
(Medium DensitY Residential-8 units/acre) and a Future Land Use Map designation of MD
(Medium Density Residential).
The existing land uses for the nearby properties are single family residences to the south, east
and west and to the north exist a shopping center. Compatibility is not a concern, as residential
uses exist on the surrounding properties with the exception of the shopping center to the north.
As described under Housing Element Policy A-12-3 additional perimeter landscaping has been
provided to mitigate any potential impacts and there are no concerns with respect to noise and
traffic. This multiple family development will be compatible and harmonious with the adjacent
and nearby properties and should enhance property values in the area.
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RESOLUTION NO. 2-06
A RESOLUTION OF THE CIlY COMMISSION OF THE CIlY
OF DELRA Y BEACH, FLORIDA, URGING MEMBERS OF THE
FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING
ISSUES DURING THE 2006 LEGISLATIVE SESSION.
WHEREAS, as Florida's population continues to increase, cities are challenged to meet the
service demands and infrastructure needs to account for new growth; and
WHEREAS, a majority of Florida's municipalities have experienced negative impacts to the
infrastructure, housing stock, and employment base from a series of natural disasters in the past two
years; and
WHEREAS, the state has imposed greater accountability in comprehensive planning and
fiscal feasibility standards on municipalities; and
WHEREAS, Florida's municipalities are dependent on other governmental entities for
financial stability and presently the state, counties, and school districts control every funding source
that has been authorized for implementing growth management capital improvements and
complying with concurrency requirements; and
WHEREAS, municipal self-determination and local self-government are constantly under
attack from a variety of public and private interests; and
WHEREAS, the role and function of municipal government is constantly evolving from
new demands from its citizens and businesses.
NOW, THEREFORE, BE IT RESOLVED BY THE CIlY COMMISSION OF THE
CIlY OF DELRA Y BEACH, FLORIDA, THAT:
Section 1. The City of Dekay Beach urges Governor Jeb Bush and members of the Florida
Legislature to support legislation as part of a comprehensive legislative reform package that:
· Preserves municipal autonomy and protects the fundamental right of voluntary self-
government.
· Provides municipalities alternative funding options for the purpose of responding to
impacts of declared disasters.
· Preserves municipal tools for community redevelopment and urban revitalization.
· Provides a dedicated and recurring revenue source for municipal transportation
projects.
<6~
· Preserves dedicated funding for local affordable housing programs.
· Provides for an equitable distribution of fines and fees from criminal violations such
as driving under the influence of alcohol or other chemical substances.
· Provides a comprehensive and uniform workers' compensation system.
Section 2. That a copy of this resolution shall be provided to Governor Jeb Bush, Senate
President Tom Lee, House Speaker Allan Bense, and members of the Florida Legislature.
PASSED AND ADOPTED this
day of
,2006.
MAYOR
ATTEST:
City Clerk
2
RES. NO. 2-06
0,;(
RECEIVen ~/I,
y~C 1 .") 2005 t/f~ I
;t"'t'r'H ~ Ii I! i'l,'G . ,~,,,,,,,:::.,.. ,"
-.Va: ~ l ~~h.(41~Aut:i~'
FLORIDA LEAGUE OF CITIES, INC.
MEMORANDUM
From:
Members' of Florida League of Cities, Inc.
John Charles Thomas, Director
Legislative & Public Affairs
December 6, 2005
To:
Date:
Re:
Request for Resolution
Several years ago the FLC Board of Directors adopted a new initiative to
enhance the Legislature's awareness of the League's priority issues. This plan
calls on each of Florida's cities to adopt a resolution that supports the League's
key priority issues.
These key issues were adopted by the League membership at the recent
Legislative Conference.
Enclosed is a draft resolution that we are asking your city to adopt at the next
available council/commission meeting. We would then like you to send copies of
that resolution to Governor Jeb Bush, Senate President Tom Lee, Speaker of the
House Allan Bense, your House and Senate members and a copy to the Florida
League of Cities no later than Friday, February 24, 2006.
Also enclosed, is a list of addresses for the Governor, Senate President; Speaker
of the House and a House and Senate directory with addresses for your
leg islators.
A Microsoft Word version of this resolution can be on the League's website under
Legislative/Advocacy at: www.flcities.com. Should you have any questions or
require additional information, please contact Jill Johnson at the Florida League
of Cities at (800) 342-8112 email atjjohnson@flcities.com. Thank you for your
assistance.
Enclosu res
301 South Bronaugh Street, Suite 300 . P.D. Box 1757 . Tallahassee, FL 32302-1757
(850) 222-9684 . Suncom 278-5331 . Fax (850) 222-3806 . Web site: www-flcities.com
Please send a copy of your City's resolution to the following
no later than Friday, February 24, 2006:
The Honorable Jeb Bush
Governor, State of Florida
400 South Monroe Street
Tallahassee, Florida 32399-0001
Phone: (850) 488-4441
Fax: (850) 487-0801
The Honorable Tom Lee
President of the Senate
Suite 409, The Capitol
404 South Monroe Street
Tallahassee, Florida 32399-11 00
Phone: (850) 487-5229
Fax: (850) 487-5844
The Honorable Allan Bense
Speaker of the House of Representatives
Suite 420, The Capitol
402 South Monroe Street
Tallahassee, Florida 32399-1300
Phone: (850) 488-1450
Fax: (850) 487-1456
Your House and Senate Members
see attached directories for mailing information
Jill Johnson, Administrative Assistant
Florida League of Cities, Inc.
Post Office Box 1757
Tallahassee, Florida 32302-1757
Phone: (800) 342-8112, extension 281
Fax: (850) 222-3806
DRAFT RESOLUTION FOR FLC
LEGISLATIVE PRIORITIES
A RESOLUTION OF THE CITY OF , URGING
MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE
FOLLOWING ISSUES DURING THE 2006 LEGISLATIVE SESSION.
WHEREAS, as Florida's population continues to increase, cities are challenged to
meet the service demands and infrastructure needs to account for new growth; and
WHEREAS, a majority of Florida' s municipalities have experienced negative
impacts to the infrastructure, housing stock and employment base from a series of natural
disasters in the past two years; and
WHEREAS, the state has imposed greater accountability in comprehensive
planning and fiscal feasibility standards on municipalities; and
WHEREAS, Florida's municipalities are dependent on other governmental
entities for financial stability and presently the state, counties, and school districts,
control every funding source that has been authorized for implementing growth
management capital improvements and complying with concurrency requirements; and
WHEREAS, municipal self-determination and local self-government are
constantly under attack from a variety of public and private interests; and
WHEREAS, the role and function of municipal government is constantly
evolving from new demands from its citizens and businesses.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF
Section 1. That the City of urges Governor J eb Bush and
members of the Florida Legislature to support legislation as part of a comprehensive
legislative reform package that:
· Preserves municipal autonomy and protects the fundamental right of voluntary
self-government.
· Provides municipalities alternative funding options for the purpose of responding
to impacts of declared disasters.
· Preserves municipal tools for community redevelopment and urban revitalization.
· Provides a dedicated and recurring revenue source for municipal transportation
projects.
· Preserves dedicated funding for local affordable housing programs.
· Provides for an equitable distribution of fines and fees from criminal violations
such as driving under the influence of alcohol or other chemical substances.
. Provides a comprehensive and uniform workers' compensation system.
Section 2. That a copy ofthis resolution shall be provided to Governor Jeb Bush,
Senate President Tom Lee, House Speaker Allan Bense and members of the Florida
Legislature.
PASSED AND ADOPTED by the City of
2006.
, this _th Day of
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGE~
AGENDA ITEM # 9;c. - REGULAR MEETING OF JANUARY 3, 2006
REOUEST FOR SIDEWALK DEFERRAL/1875 LAKE DRIVE
DECEMBER 30, 2005
SUBJECT:
DATE:
This is before Commission to approve a request to defer the installation of a sidewalk in front of 1875
Lake Drive.
Currently, there are no sidewalks on this section of Lake Drive and although a sidewalk may be
installed at some point in the future, there are no plans to install a sidewalk at this time. Therefore,
staff is in support of the request to have the sidewalk in front of 1875 Lake Drive deferred.
Recommend approval of the sidewalk agreement and request to allow the deferral of the sidewalk
improvements for 1875 Lake Drive until such time as the City requests the sidewalk to be
constructed.
S:\City Clerk\agenda memos\SidewalkDeferralRequest 1875 Lake Dr 010306
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN DUM
TO:
David T. Harden
pJ
FROM:
Randal L. Krejcarek, P .E.
DATE:
19-Dec-05
SUBJECT: City Commission Agenda Item
Sidewalk Deferral Request
1875 lake Drive
The attached agenda item is a request for a deferral of sidewalk installation in front of
1875 Lake Drive.
There currently are no sidewalks on this section of Lake Drive. Although a sidewalk
may be installed at some point in the future, there are no current plans to install a
sidewalk on this street.
Therefore, I am supporting the request to have the sidewalk in front of 1875 Lake Drive
deferred.
The attached map indicates the location of this sidewalk deferral.
Please place this item on the 03 Jan 2006 Commission Agenda.
Thanks.
enc
cc Richard Hasko, P.E.
file
S:IEngAdminlsidewa/k deferra/sI1875/ake dr agenda memo 2006-01-03.doc
Prepared By: RETURN TO:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Dekay Beach, Florida 33444
AGREEMENT FOR
SIDEWALK IMPROVEMENTS
TillS AGREEMENT entered into this ~ day of -.J)eCt\ff\ 'oe'JJ
2005, between the City of Delray Beach (hereinafter the City) and
~I~. . ~1J~\\fSf, ~ (hereinafter the Owners), for the purpose of waiving
the requirement of the installation of a sidewalk along IDS lak'f tAr l\e 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
crt\}
right-of-way immediately abutting the subject
sidewalk, within the
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
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:
18r~ L~ be
1.
The Owner agrees to construct a sidewalk, at its sole cost and expense, along the
C\t\j
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 ofthe City of Delray Beach.
2. It is the intent of the parties that this Agreement shall run with the land. This
-COo
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
,200_.
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
By:
Mayor
City Clerk
Approved as to form and sufficiency:
City Attorney
WITNESSES:
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STATE OF
COUNTY OF
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The foregoing ins wledged before me this I day of
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uJ ,vI, ^-- ( . n), a (Statc or place--'of
incorpoffition) corporatioa, on behalf of the curpurahen. . lIe/She is personally known to me or
has produced (type of identification) as identification and did/did
not take an oath.
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~'4'',l'"'' Linda Messina
HW~ Commissio~ # 00290078
~Y1tfI.ii Expires Apn115. 2008
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P ~ ~ CITY of DELRA Y BEACH ..
) 1875 LAKE DRI VE DA 1E: 12/30/2005
'" ENVIRONMENTAL SERVICES DEPARTMENT SIDEWALK DEFERRAL 1!1.iI!llIll'(RKIIIIlIIll
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Gary R. Nikolits,CFA
Palm Beach County Property Appraiser
Property Mapping System
Legend
D Parcel Bomdary
11121 I Lot nurrber
Page 1 of 1
"""""""'~""~-'W""
"Parcer'oeta"S{l
Owner Information
peN: 12434605020000070
'''P6~ rntOrmatlon
Name: PUGUESE ANTHONY V IV
Location: 1875 LAKE DR
Mailing: 1875 LAKE DR
DELRAY BEACH FL 33444
3136
2005 Preliminary Assessment
Market Value: $463,17
Assessed Value: $329,86
Exempt Amnt: $25,
Taxable: $304,86
2005 Estimated Tax
Ad Valorem:
Non ad valorem:
Total:
Sales Information
Sale~~j!tg
Feb-2001
Jul-1999
Sep-1990
Jan-1973
Palm Beach County Property Map
Map Scale 1: 1400
Map produced on 121212005 from PAPA
http://www.pbcgov.com/papa
httn'lIol~wph rn n~lm_hp~rh f111~/in~n~O'iQ/nrp<"~nt~tir\n/m~nn;nO'/nrintnpu, ",,,n?l\.f A PTT'DT _
l'l""'lfVl,
Date:
21 Dec 2005
AGENDA ITEM NUMBER: ~~
AGENDA REQUEST
Request to be placed on:
-X-Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When:
03 J an 2006
Description of Agenda Item (who, what, where, how much):
Approval/authorization for Mayor to sign sidewalk deferral agreement for_1875 Lake
Drive.:.
Recommendation Staff recommen~
Department Head Signatnre: ~ _ -~
r z.,.-z.>> ' oS
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of
funds):
Funding Available: Yes I No Initials: NA
Account Number NA
Description NA
Account Balance: NA
Funding Alternatives:
NA
(if applicable)
City Manager Review:
Approved for Agenda: t!Y1 No Initials: M
Hold U nti!:
Agenda Coordinator Review:
Received:
S:\EngAdmin\sidewalk deferrals\1875 lake dr agenda 2006-01-03.doc
MEMORANDUM
FROM:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGER t1l1
AGENDA ITEM # ~ {) - REGULAR MEETING OF JANUARY 3,2006
AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO
HANDLE/CANVASS ABSENTEE/PROVISIONAL BALLOTS AND
REPRESENT THE CITY AT LOGIC & ACCURACY TESTS FOR THE
FIRST NON-PARTISAN ELECTION
TO:
SUBJECT:
DATE:
DECEMBER 30, 2005
This is before the City Commission to authorize Arthur Anderson, Palm Beach County Supervisor of
Elections, to handle the City's absentee/provisional ballots for the March 14, 2006, First Non-
Partisan Election. Mr. Anderson's office is equipped with a computerized system for monitoring
ballot requests, distributions, accounting for unreturned ballots, as well as electronic signature
verification. He will also insure that the absentee ballots are held in safekeeping prior to canvassing.
The Supervisor of Elections should also be authorized to represent the City at the canvassing of the
absentee ballots.
It is further recommended that Mr. Anderson be designated to represent the City's canvassing board
at the logic and accuracy (L&A) testing of the electronic tabulating equipment. The L&.A tests will be
conducted on Friday, February 24, 2006 at 10:00 a.m. at the Supervisor of Elections Office, 240 South
Military Trail, West Palm Beach, for the March 14th, First Non-Partisan Election, as well as on
election day both before and after counting of the ballots. On January 18, 2005, Commission adopted
Ordinance No.2-OS which exempts the City from the early voting requirements of Florida Statutes
Section 101.657 for municipal elections and therefore we will not conduct early voting for the March
14,2006 election.
Recommend authorizing the Supervisor of Elections for Palm Beach County to handle/canvass the
City's absentee/provisional ballots for the March 14,2006, First Non-Partisan Election, and designate
him as the City's representative at the requisite logic and accuracy tests.
S:\City Clerk\Elections 2OO6\Auth. Supervisor of Elections. March 2006
NOV-28-2005 01:43
SUPERVISOR OF ELECTIONS
561 656 6220 P.02
Palm Beach County
DR. ARTHUR ANDERSON
Supervisor of elections
240 SOUTH MIUTARY TRAIL
WEST PALM BEACH, FL 33415
POST OFFICE BOX 22309
WEST PALM BEACH. FL 3341 B
TELEPHONE: (561] 658-8200
FAX NUMBER: (5B 1] 656-6287
WEBSITE: VIIVV'I/II. pbcelections. org
QUESTIONNAIRE
PLEASE ANSWER THE FOLLOWING aUESTIONS AND RETURN THIS FORM AND
A COPY OF THE ACTIONS TAKEN TO APPOINT DR. ARTHUR ANDERSON TO
YOUR MUNICIPAL CANVASSING BOARD.
For your upcoming Municipal Election do you wish to have Dr. Arthur Anderson
represent your Municipal Canvassing Board, as an additional member of your
Canvassing Board, at:
1. The Logic and Accuracy Test?
2. The canvassing of the Absentee Ballots?
YES
YES
NO
NO
Are you opting out of early voting
for the 2006 Municipal Elections?
YES
NO
If so, please provide the Supervisor of Elections with a copy of your
Ordinance/Resolution when available.
Signature of Municipal Clerk
Municipality
Date
1 .1
NOTE:
PLEASE PROVIDE US WITH THE SECTION OF YOUR CHARTER THAT
RELATES TO ELECTIONS.
PLEASE RETURN TO SUPERVISOR OF ELECTIONS IMMEDIATELY
L:'\8HAR~IIIt1kw!.!a06.\ADD8Q~M
TOTAL P. 02
("
"',
ORDINANCE NO. 2-05
AN ORDINANCE OF THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, AMENDING
CHAPTER 34, "ELECTIONS", SECTION 34.01, "STATE
LAW TO GOVERN", EXEMPTING ITSELF FROM THE
PROVISIONS OF SECTION 101.657, F.S., SPECIFICAILY
RELATED TO EARLY VOTING; PROVIDING FOR
RELETfERING; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE
DATE.
WHEREAS, the Florida Legislature has adopted revisions to Section 101.657 of the Florida
Statutes, which relates to early voting; and,
WHEREAS, State law, F.S. 100.3605(1) allows cities to "opt out" of the provisions of
Section 101.657, the early voting requirements, by adopting an ordinance stating its intent to "opt
out" of the early voting provisions; and,
WHEREAS, the City of Delray Beach feels that it is in the best interest of its citizens to "opt
out" of the early voting provisions contained in Section 101.657 F.s.
NOW, THEREFORE, BE IT ORDAINED BY THE CI1Y COMMISSION OF mE
CITY OF DELRA Y BEACH, FLORIDA:
Section 1.
herein.
The recitations set forth above are hereby incorporated as if fully set forth
Section 2.
follows:
That Section 34.01, "State Laws to Govem", is hereby amended to read as
Section 34.01. State Laws to Govern.
.(a) All elections, except as otherwise provided by the Charter and ordinance, shall
be conducted according to the principles adopted for the State Election Code".
.em. Notwithstanding Section 34.01(A) above or other ordinances to the contraJ;y.
the City of Dekay Beach exempts itself from the early voting req.uirements of Section 101.657. F.S.
for municipal el~ctions and shall not conduct early voti.t1g for City of De~ Beach municipal
election.
('.
/'"
Section 3. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
~~ PASSED AND ADOPTED in regular session on second and final reading on this the
day of ~~i ,2005.
~o;~
ATI'EST:
~~-A ~. ~~
CI1Y CLERK
First Reading ,~\~
Second Reading '" \. ~"\ ~
2
ORD NO. 2-05
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER tP'1
AGENDA ITEM # ~E - REGULAR MEETING OF JANUARY 3,2006
REVISED LANGUAGE/LOCAL RULES/RULES FOR PUBLIC
PARTICIPATION
TO:
SUBJECT:
DATE:
DECEMBER 30, 2005
This is before Commission to amend the City Commission Rules of Procedure, Section II, Local
Rules A.8.g and approve the revised language for Item loc. under "Rules for Public Participation" on
the first page of the Regular Commission Meeting Agenda for uniformity and clarification.
The revised language for the Rules of Procedure, Section II, Local Rules A.8.g and Item loC states
"Public input on agendaed items, other than those that are specifically set for a formal public hearing,
shall be allowed only when requested by a member of the City Commission."
Recommend approval of the revised language for the City Commission Rules of Procedure, Section
II, Local Rules A.8.g and Item loC under "Rules for Public Participation".
S:\City Clerk\agenda memos\Revised Language\Agenda.Ol.03.06
RULES OF PROCEDURE - DELRAY BEACH CITY COMMISSION
I. GENERAL PARLIAMENTARY RULES.
The general parliamentary procedure to be followed by the City Commission of the City of
Delray Beach, Florida, except as otherwise modified by the City Commission or as modified
or amended herein, shall be in accordance with the rules of parliamentary procedures
entided "Robert's Rules of Order", being the 'reprint of the 1907 edition.
II. LOCAL RULES.
A. The following Local Rules of Procedure shall be applicable to the organization and
conduct of business, as well as preparation and publication of agendas, of the City
Commission of the City of Delray Beach, Florida. To the extent these Local Rules shall
modify or conflict with the standard "Robert's Rules of Order" as adopted above, these
Local Rules shall prevail to the extent of their conflict or inconsistency with "Robert's
Rules of Order". In addition to these local rules, rules for quasi judicial proceedings
shall apply to proceedings which require quasi judicial hearings.
1. Regular meetings of the City Commission shall be held on the first and third
Tuesdays of each month, with the exception of the month of December and any
Delray Beach municipal election dates, at 6:00 p.m., in City Hall. During the month
of December only, the regular City Commission meetings shall occur on the first and
second Tuesdays at 6:00 p.m. at City Hall. There shall be no regular City
Commission meeting on the date of a Delray Beach municipal election. A meeting
that would otherwise have been scheduled for such date shall be held on the
Thursday immediately following the election at 6:00 p.m. at City Hall.
2. Workshop meetings of the City Commission shall be held on the second Tuesday of
each month at 6:00 p.m. in City Hall, except that there shall be no workshops in the
month of December.
3. All regular City Commission meetings shall be held in the City Commission
Chambers at City Hall, unless otherwise designated by the City Commission. All
workshop City Commission meetings will be held in either the First Floor
Conference Room or the Commission Chambers at City Hall, as determined by the
City Manager. All meetings of the City Commission shall end by 11 :00 p.m. unless
extended beyond 11:00 p.m. by a majority vote of the City Commission. Any
unfinished business shall be considered at a time and place set by the City
Commission.
4. There may also be special workshop meetings at such other times as so designated in
advance by the City Commission for the purposes of holding joint meetings with
City boards, etc., to include receiving annual reports and presentations from the
City's boards, committees, agencies and authorities, or for such other purposes as
may be deemed necessary or desirable by the City Commission.
5. Special meetings shall be called at the request of the Mayor in accordance with the
provisions of the City Charter and the Code of Ordinances.
6. To the extent compatible with the conduct of business, all workshop meetings shall
be held on an informal basis. The applicability of the City's general rules shall not be
stricdy applied. Public comments after presentations will be limited to three (3) at
the Mayor's discretion or by consensus of the City Commission.
7. Although appropriate members of the City Attorney's Office and City
Administration may place items on either the workshop or the regular agendas, all
regular agendas shall be subject to review in advance by the Mayor prior to their
publication, except that a majority of the members of the City Commission may
request that the City Manager's office place or remove an item on such regular
agendas, and that all such regular agendas shall be further subject to the approval of
the City Commission preceding the conduct of business at each such meeting.
If the Commission or any of its members wish to place or remove an item on an
agenda, or if any member of the Commission has a question or concern about an
item, any such request or inquiry shall be directed to the City Manager's office for
disposition as opposed to any Commission member contacting any City officer or
employee who is subject to the direction and supervision of the City Manager.
8. With regard to the agenda for regular City Commission meetings, the following shall
apply:
a. To the extent possible, the City Administration shall group all matters by subject
area, and shall place as many as possible on the consent portion of the agenda.
b. The agenda format shall be generally as follows: A call to order, invocation,
pledge of allegiance, formal approval of the agenda, formal approval of minutes,
proclamations and presentations, if any, the consent agenda, the regular agenda,
public hearings, public comments and inquiries from the floor concerning items
not on the approved agenda, first readings of ordinances, followed by items not
specifically on the published agenda from the City Manager, the City Attorney,
and members of the City Commission. The public hearing segment of the
agenda shall be duly advertised for and shall commence at 7:00 p.m. or as soon
thereafter as possible.
c. Any items received during the non-agendaed items section of the regular agenda
may, at the discretion of the Commission, be discussed by the City Commission
at the time of such presentation, may be directed by the Commission to the City
Manager for action or resolution, or may be added to a subsequent workshop
agenda if a member of the City Commission so specifically requests.
d. (1 ) Votes taken on ordinances, resolutions and motions shall be by roll call and
shall be recorded by the City Clerk. The roll call shall be on a rotating basis and
according to the numbered Commission seats, i.e.:
Motion A - Order of rotation: Seat 1, Seat 2, Seat 3, Seat 4, Seat 5
Motion B - Order of rotation: Seat 2, Seat 3, Seat 4, Seat 5, Seat 1
Motion C - Order of rotation: Seat 3, Seat 4, Seat 5, Seat 1, Seat 2, etc.
(2) There shall be no votes taken on any non-published/non-agendaed items,
except upon the declaration of an emergency. The declaration of emergency
shall only be determined upon the affirmative vote of no less than four (4)
members, or a unanimous vote if only three (3) City Commission members
are present and voting on such motion. These rules are not intended to and
shall not supersede the procedures and requirements of the City Charter,
Code of Ordinances or State Statute with regard to emergency matters for
consideration by the City Commission.
e. All public input on agendaed or non-agendaed items shall be limited to not more
than three (3) minutes per person, subject to an extension of such time upon the
formal approval by a majority vote of the City Commission members present
and voting on such request for extension of time.
f. The Mayor shall have the authority to limit immat~rial, unnecessary or redundant
presentations or requests.
g. Public input on agendaed items, other than those that are specifically set for a
formal public hearing, shall be at the speeifie request 6f iadividttal City
COmmi33iOft memBers allowed onlY when requested I?Y a member of the City Commission.
III.
CITY BOARD.
APPOINTMENTS.
COMMITTEE,
COMMISSION
AND
AGENDA
A. All appointments to city boards, commissions and committees whose members are not
subject to appointment by other entities, and in accordance with any applicable
restrictions by State Statute, shall be made in accordance with the following procedures:
1. All vacancies subject to appointment to such city boards, commissions and
committees shall be made on a nomination basis by each of the members of the City
Commission. 1bis nomination shall be construed to be a Motion to Appoint, which
must be seconded by another member of the City Commission then present and
voting, and then adopted by an affirmative vote of no less than three (3) votes.
If a Commissioner makes a nomination/motion and this motion either fails for lack
of a second or does not receive a sufficient number of affirmative votes, then that
Commissioner shall have one additional opportunity to make a secondary
nomination for this vacancy at this same meeting or the next successive regular
meeting. If that appointment should also fail for lack of a second to the nomination
or by not receiving sufficient affirmative votes, then the nomination shall rotate to
the next appropriate Commissioner.
2. The rotation system shall be by nwnbered Commission seat and insofar as possible,
each Commission seat shall be assigned an equal nwnber of initial appointments
from the date of adoption of these rules. i.e.:
Board A - Order of Rotation: Seat 1. Seat 2. Seat 3. Seat 4, Seat 5
Board B - Order of Rotation: Seat 2. Seat 3, Seat 4, Seat 5. Seat 1
Board C - Order of Rotation: Seat 3. Seat 4, Seat 5, Seat 1. Seat 2
3. A separate rotation list shall be established by the City Clerk's office for each such
City board, commission or committee, and the City Clerk's office shall maintain
records of the rotation list, the status of same, and the nominations made by each
Commissioner. In the instance where a vacancy is available at a City Commission
meeting where the Commissioner who is next on the rotation is absent, then the City
Commission shall postpone this appointment to the next regular meeting. Should
this Commissioner not be present at the subsequent meeting, then the nomination
ability shall pass to the next Commissioner on the rotation system present at that
meeting.
4. In the event that an individual, duly nominated and appointed to a board,
commission or committee by a Commissioner at a City Commission meeting. is
unable to accept or declines the appointment, for whatever reason. then the
Commissioner who appointed the individual unable to serve shall have the
opportunity to nominate a replacement appointee to fill the vacancy before the
nomination ability passes to the next Commissioner on the rotation system. Such
replacement appointment shall be made no later than the second regular meeting
subsequent to the meeting at which the declined appointment was made. If the
replacement appointment is not made within this time frame. then the nomination
ability shall pass to the next Commissioner on the rotation system.
5. Appointments for vacancies occurring on a board wherein the particular member
has, for whatever reason, not fulfilled their entire term of membership on that
particular board, commission or committee, shall be to complete the unexpired term
only.
6. The City Commission retains the right to waive these requirements by the affirmative
vote of no less than four (4) members of the City Commission under circwnstances
that would be in the best interest of the City (or a unanimous vote if only three
members of the City Commission are present and voting on such motion).
7. These rules. when adopted. shall supersede any other general rules or local rules
which are inconsistent herewith, to the extent of such inconsistency.
Approved and adopted by the City Commission of the City of Delray Beach, Florida, at the Annual
Organizational Meeting held on March 31, 2005.
ArrEST:
Chevelle D. Nubin
City Clerk
Note: Local Rules as adopted by City Commission March 31, 2005
~f/S/ Agenda 2005/Loc.I Rules
City of Delray Beach
Regular Commission Meeting
==::J
RULES FOR PUBLIC PARTICIPATION
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
and the right to limit discussion rests with the Commission. Generally, remarks
by an individual will be limited to three minutes or less. The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items under this
section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section. The Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
C. Regular Agenda and First Reading Items: Public input on agendaed items,
other than those that are specifically set for a formal public hearing, shall
be allowed only when requested by a member of the City Commission.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the
sheet located on the right side of the dais. If you are not able to do so prior to the
start of the meeting, you may still address the Commission on an appropriate item.
The primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to
the podium and state your name and address for the record. All comments must
be addressed to the Commission as a body and not to individuals. Any person
making impertinent or slanderous remarks or who becomes boisterous while
addressing the Commission shall be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
100 NW 1st Avenue
Delray Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
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 Doug Randolph at 243-
7127, 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.
January 3, 2006
Dear Mr. Harden:
Please pass this message to the Mayor and City Commissioners.
;91-
~~e~D
J.bJ! 3 0 2005
CITY MANAGER
I am writing to request permission to speak on Consent Agenda item efor your
January 3, 2006 meeting.
Thank you for your consideration.
Gerry Franciosa
939 Eve Street
Delray Beach, FI 33483
~~.€.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
. FROM: CITY MANAGER tfr-/\
SUBJECT: AGENDA ITEM # ~~ - REGULAR MEETING OF JANUARY 3. 2006
RATIFICATION OF APPOINTMENT TO THE PARKING
MANAGEMENT ADVISORY BOARD
DATE: DECEMBER 30, 2005
The term for Mr. Joseph Pike, regular member of the Planning & Zoning Board expired
on August 31, 2005. Mr. Pike served as an alternate member on the Parking Management
Advisory Board representing the Planning & Zoning Board. This created a vacancy on
the Parking Management Advisory Board for an alternate member to serve an unexpired
term ending August 31, 2006. On December 19, 2005, the Planning and Zoning Board
appointed Ms. Diane Borchardt as their representative on the Parking Management
Advisory Board for an unexpired term ending August 31, 2006.
The Parking Management Advisory Board was established by Resolution No. 88-97 on
December 9, 1997. The purpose of the Board is to advise and provide recommendations
to the City Commission regarding parking management policy and related issues
including but not limited to, the planning, financing, development, construction and
operation of parking facilities within the boundaries of the Transportation Concurrency
Exception Area (TCEA), as well as, all public parking areas located along State Road
AlA within the corporate limits of the City.
Recommend City Commission approve and ratify the appointment of Ms. Diane
Borchardt, representative of the Planning & Zoning Board for an unexpired term ending
August 31, 2006.
PARKING MANAGEMENT ADVISORY BOARD
12/05
TERM MEMBERS CATEGORY TELEPHONE
EXPIRES
08/31/05 Mark Krall, Chair P&Z Home: 330-0215
Appt09/09/03 1405 S Federal Hwy #141 Office: 276-7424
Reappt 11/22/05 Dekay Beach, FL 33483 Fax: 278-6909
08/01/06 Ronald Radabaugh Chambers Office: 243-3073
Appt Unexpired term- 976 Banyan Drive Home: 279-9555
03/20/01 Dekay Beach, FL 33444 Fax: 274-4849
Reappt 07/02/02
Reappt 07/20/04 Email: chefron2(tijaol.com
07/01/07 Thomas F. Carney, Jr. CRA Office: 330-8140
Appt 07/24/03 1219 Vista Del Mar Drive Home: 272-5010
Ratified 08/19/03 Delray Beach, FL 33483 Cell: 330-8233
Reappt 07/28/05
Ratified 09/06/05
09/30/04 WARC Fax:
Vacant Cell:
Email:
08/01/06 Richard Sheremeta, V-Chair DDA Office: 243-8700
Appt 08/06/02 310 Southeast First Street Home: 265-1576
Reappt 07/20/04 Dekay Beach, FL 33483 Email:
rs hws@bellsouth.net
The representatives above are ratified by the City commission.
The representatives below are appointed bv the City Commission.
01/31/06 Nancy Lierle Atlantic Avenue Corridor Office: 278-3399
Appt 02/19/0 429 East Atlantic Avenue Between Swinton Avenue Home: 272-3323
Reappt01/06/04 Dekay Beach, FL 33483 and Intracoastal Fax: 278-3399
01/31/06 Jeannette Dobson Atlantic Avenue Corridor Office: 243-1794
Appt 02/01/05 Unexp 700 W. Atlantic Avenue Between Swinton Avenue Home: 637-4074
Dekay Beach, FL 33444 and Interstate 95 Cell: 445-1694
Fax: 637-1675
01/31/06 Jorge Ramos Atlantic Avenue and State Office: 789-5668
Appt 01/06/04 34 South Ocean Blvd. Road AlA Corridors and Home: 338-0690
(reswned his term) Dekay Beach, FL 33483 lying East of the Email:
Intracoastal Waterway J orge@CaffeLunaRosa.co
m
01/31/06 (Wilbur) Joe Gillie Old School Square Office: 243-7922
Appt 02/19/02 51 North Swinton Avenue Historic Arts District Home: 272-7933
Reappt 01/06/04 Dekay Beach, FL 33444 Fax: 243-7018
Email:
director{@oldschool.orp'
01/31/07 Melvin Sacharow Citizen-at -Large Office:
Appt01/07/03 2560 Riviera Drive Home: 243-2857
Reappt 01/04/05 Dekay Beach, FL 33445 Cell: 445-6863
Email:
mclsacharow{@iuno.com
01/31/07 Troy Wheat Citizen-at-Large Office: 266-6762
Appt 01/06/04 Unexp 1022 East Atlantic Avenue Home: 737-1308
Reappt 01/04/05 Dekay Beach, FL 33483 Fax: 265-0816
Email:
Troy.D.Wheat@SmithBarn
ey.com
Contact: Scott Aronson - Parking Management Specialist 243-7286
Commission Liaison: Patricia Archer
12/05
TERM
EXPIRES
08/31/06
Unexp Appt 12/19/05
08/01/06
Appt 07/06/04
07/01/06
Appt 07/06/04
09/30/06
Appt07/06/04
08/01/06
Appt 07/06/04
PARKING MANAGEMENT ADVISORY BOARD
ALTERNATE MEMBERS
MEMBERS
Diane Borchardt
625 Heron Drive
Delray Beach, FL 33444
avid Cook
01 Southwest 33rd Place
oynton Beach, FL 33435
renda Montague
443 S Coral Trace Circle
elray Beach, FL 33445
oasalind Murray
138 Via Poinciana #411
ake~orth,FL 33467
erry DonF rancisco
o S Ocean Blvd
elray Beach, FL 33483
CATEGORY
TELEPHONE
ome: 272-1196
ffiee: 515-6550
ffiee: 276-4194
ome: 732-4193
276-4190
ffice: 278-0300
ome: 272-0257
ell: 703-7997
ffiee: 276-8640
Contact: Scott Aronson - Parking Management Specialist 243-7286
Commission Liaison: Patricia Archer
278-3364
361-8284
278-3328
Page 1 of1
Cobb, Venice
From: Valek, Denise
Sent: Tuesday, December 20, 20058:36 AM
To: Cobb, Venice
Subject: PMAB Alternate Member from P&Z Board
Venice,
Diane Borchardt was nominated as an alternate member of the PMAB last night.
V~,,4, 'Patd
Executive Assistant
Planning & Zoning Department
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, FL 33444
Phone: 561-243-7041
Fax: 561-243-7221
12/20/2005
Oi/06/04 TUE 10:56 FAX 1 954 698 6010
CH2M HILL/DFB
I4l 002
**.........
/}-~ -0&
:5,. Plaflner-
OaRAY BEACH
, l . . I . ..
1Ur
1993
2001
4::ITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
Please rille the: followin r information:
1. Last NaffiD 0 i<... c 1+14-(< J
2. Home Addre : ~'
. cfl- 0 tV .....v f2. I V
3. Legal Residence:
~ ~ '?JR, V'
4. Principal Business Address:
5'9 O{) ~'<oK~ 5oUJ\cL
":fL
State
Zip Code
33'1-44
Zip Code
S. Home Phone:
~ y'j(' uJ.4f
E-Mail Address: Cdl Phone:
?:orecJl.- 7000~CI..(}I. p'HJ
Arc you a registered votec? If so, where are you regiscerec!-!\
e5 ~~~
7. 'J7hat B ard(s) are you imeresrc.d in sCjrving? Plea~~ liSf in order of prderence:
~~~ .~ ~ ~ D
=t-L-
;)...7 J- -
6,
Iq~
Business Phone:
rYl.;:r; -~!I,{l x;2.jO
Fa.x:
8. Lisr all City Boards on which you are currendy SClvmg or have previously served: (PkasE: ioclude dates)
~l Qf\ iiI n
\
c:- 2-01\,' 101
9. Education qualificacions:
10.
SCIeh1 .
~( f))aVl t111-
you hold:
41 cP -
0.. Y\ 1'\ e1"S
~J.m
th-, /
Narc: This a!,plication.'U-ill remain O~l fil~ in (he Ci~.<:krk's Offic~E0ar.s fr?m the: date it was
submrucd. It wdl be the applicant s responsIbility to ensure mar a current: applicanon IS on file.
S\I..~CL ElQ(.\DOAIlD'A!'I'UCATIot-I
JUL -6 2004
CITY CLERK
Oi /06/04 TIlE 10: 57 FAX 1 954 698 6010
CH2M HILL/DFB
141 003
:-"
Diane E. Borchardt, AlCP
625 Heroll Drive
Ddny DelIch. Florida 33444
561-515-6550 (W) 561-272-1196 (Ii)
PROFESSIONAL EMrLOYMENT
May 2002 to Present
PROJECT MANAGER/SENIOR PLANNER., CH2M
HILL, WEST PALM BEACH, FLORIDA.
Responsibilities include:
. Project manager for land development projects inc1ndiug
planning, landscape archiTecture and engineering s('.()pe of
services
. Represents clients and projects at all rcquired public
hearings
. Initiat~s business development opportUDities and marketing
strategies
. Group Leader for the landscape architoct and plaJ.UlllJg
staff
. Lead person for the development of a W orklocLd Planning
Process and Spreadsheet for the WPB office
june 1995
to April :2002
SENIOR PLANNER, CITY OF BOCA RATON,
DEVELOPMENT SERVICES, BOCA RATON,
FLORll>A. Responsibilities include:
. Reviev.'S, prepares, and processes land development and
land use applications including Development of Regional
Impact and annexation applications
. PresenlS findings and recommendations to the Community
Appearance Board, Planning and Zonmg Board, City
Cotmcil and the Community Redevelopn:lent Agency
. Researches and drafts code amendments
. Prepares rechnical studies, reports, resolutions and
ordinances
. Heavy contact with the public on a daily basis regarding
zoning regulations, occupational licenses, and active land
use petitions
. Prepares new Consetvation Element ofthc Comprehensive
Plan for the EvaluaTion & Appraisal Report including new
goals, objectives and policies, and data and analysis
. Design, development and implementation of new P1aIWing
& Zoning Department computer tracking system
. Acting Planning & Zoning Director in the absence of the
Planning & Zoning Director
07/06/04 TUE 10:57 FAX 1 954 698 6010
CH2M HILLlDFB
I4J 004
Diane E.. Borchardt - Fas:.: !
March 1992
to June 1995
ENVIRONMENTAL PLANNING OFFICER., CITY OF
BOCA RATON, DEVELOrMENT SERVICES
DEPARTMENT, BOCA RATON. FLORIDA.
Responsibilities included:
. EnviroDlllental analysis and approval of all commercial
and multifamily sites including sites designated for
conselvanou aud envimnmentally sensiti"e
. Management plan development and acti....ities for all
publicly owned envirownentaUy sensitive preserves
. Monito.c all plivate preserves
. Liaison with City designated boards and committees and
County and State agencies pertaining to t;n....iIODmelltal
issues
. Development and processing of all municipal
enviroIllIlentallegislatioll
April 1991
to December 1991
pLANNER VI, OFFICE OF lUPID TRANSIT, CITY
AND COUNTY OF HONOLULU, HA W.AIl. Responsible
for the timely production of the Final Environmental Impact
Statemen.t for the Honolulu Rapid Transit Project, an 18-mile
fixed rail elevated guideway rail system, for the Island of
Oahu. Responsibilities included:
. Evaluation of all environmental impa.ets and
determination of mitigative measure effectiveness,
alignment placemenr and impact analysis
. Land use analysis for possible joint development projects
. Development of Memorandum of Agreement with the
Department of the Navy for extensive toxie waste cleanup
September 1989
to May 1991
rLANNER V, ENVIRONMENTAl.. AFFAIRS BRANCH.
DEPARTMENT OF LAND UTILIZATION, CITY AND
C01JN'IY OF HONOLULU, HAW All. Responsibilities
included:
. Development ofwedands legislation for the Island of
Oahu
. Development of Oahu seawall inventolY process and
datablisC
. Review and e.....aluation of development in the Special
Managtmenr Area (SMA) and Shoreline Setback Area
. Hearings ofticer and staff planner for SMA and Shoreline
Setback Variance (SV) public hearings
. Make presentations to community and legislative groups
. Review and evaluation of Environmental Impact
Statements for accurate and thorough documentation of
environmental issues and conlpliance
. Preparation of recommendations for the Department to
City COlDleil
. Taught en ...ironmental portion of a college c(.urse offered
to the public
. Supcrvist:d two other planners in rhe division
07/06/04 TIlE 10:58 FAX 1 954 698 6010
:-
.:..
()(ane ~. &r~hudt - PRgc: 3
September 1988
(0 July 1989
JWle 1984
to Decemocr 1987
EDUCA nON
May 1985
AugUSt 1976
Jlme 1974
PROFESSIONAL AF.F'ILIATIONS
REli<.ERENCES
CH2M HILLlDFB
141 005
PROJECT MANAGER, DUM lNc.~ HONOLULU.
HAWAII. Responsibilities included:
. Determination and evaluation of project impacts relating
to enviromnenla!. socio-economic and land u.;e issues tor
a wide variety of projects (see attached list)
· Production of environmental assessments and
environmental impact statementS
· Timely processing of all appropriate applicati.ons
including zoning amendments, SMA detemunatious,
special design districts., development plan amendments
STUDENT AND FELLOWSHIP COORDINATOR,
SCHOOL OF HAWAIIAN, ASIAN AND PACIFIC
STUDIES, UNIVERSITY OF HAW AIL Responsibilities
included:
· Management of 16 university-wide fellowship and
scholarship programs
· Coordination of Asian Studies graduatc student academic
program including advertisement, recruitment,
admissions, advising, clIrdculmll, and international
publicity campaign
Masters - Urban and Regional Planning. Universiry of Haw au-
Manoa
Masters - Political Science. University of Hawaii-Manoa
Bachelor of Arts - Psychology. Universjty ofHawali-Manoa
· American Planners Associarion
· American Institute of Celtified Planners
· lntematioual Association of East-West Ccnlcr Alumni,
Honolulu, Hawaii
Furnished upon request.
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGE~
AGENDA ITEM # ~G - REGULAR MEETING OF JANUARY 3.2006
CONTRACT CANCEUATION/PENNCO. INC.
SUBJECT:
DATE:
DECEMBER 30, 2005
This is before the Commission to authorize the cancellation of the contract with Pennco, Inc. for the
purchase of Hydrofluosilicic Acid for the Water Treatment Plant and authorize staff to re-bid this
commodity.
On November 26, 2003, Pennco, Inc. was awarded the Bid for the purchase and delivery of
Hydrofluosilicic Acid at an estimated annual cost of $12,645.00 for one (1) year with the option to
renew for two (2) consecutive one (1) year terms.
On October 7, 2005, the Commission approved the second year renewal with Pennco at an estimated
annual cost of $20,352.00 due to a price increase as the manufacturer closed their plant in Florida and
would be shipping from a Louisiana location.
On November 10, 2005, Purchasing received an email message from Pennco stating that they will no
longer be able to provide the product to the City as they cannot guarantee product delivery due to
inconsistency in the market and uncertain availability.
Recommend cancellation of the contract with Pennco, Inc. for the purchase of Hydrofluosilicic Acid
for the Water Treatment Plant and authorize staff to re-bid this commodity.
S:\City Clerkagenda memos\Contract Cancellation Pennco 010306
01<
ztv1
I
MEMORANDUM
TO: David Harden, City Manager
FROM: Jacklyn Rooney, Pnrchasing Managercr-
THROUGH: Joseph Safford, Finance Director
DATE: December 20, 2005
SUBJECT: DOCUMENT A TION - CITY COMMISSION MEETING
JANUARY 03, 2006 - CANCELLATION OF CONTRACT
WITH PENCCO, INe. - BID #2004-02 - PURCHASE OF
HYDROFLUOSILICIC ACID FOR WATER TREATMENT
PLANT
Item Before Commission:
City Commission is requested to cancel contract award to Pencco Inc. for the purchase of
Hydrofluosilicic Acid for the Delray Beach Water Treatment Plant.
Background:
City Manager on November 26, 2003 awarded Bid #2004-02 to Pencco, Inc. for the purchase
and delivery of Hydrofluosilicic Acid to Pennco Inc. at an estimated annual cost of $12,645 for
the City of Delray Beach for the term of one year with the option to renew for two (2)
consecutive terms of one (1) year.
On October 07, 2005, City Commission approved the second year renewal with Pennco at an
estimated annual cost of $20,352 due to a price increase as the manufacturer closed their plant in
Florida and would be shipping from Louisiana location. Documentation attached.
On November 10,2005, Purchasing received an e-mail message from vendor stating they will no
longer be able to provide the product to the City of Delray Beach as they "cannot guarantee
product delivery due to "no consistency in the market, availability is uncertain, and we cannot
guarantee product".
Recommendation:
Staff recommends the cancellation of the contract with Pennco Inc. for the purchase of
Hydrofluosilicic Acid and authorization for Purchasing Staff to re-bid this commodity.
Attachments:
E-mail Cancellation Dated 11110/05
Second Year Renewal Commission Agenda
Page 2 of2
Jacklyn,
We regret to inform you that we can not extend the above referenced Fluoride contract as we originally
intended.
As we've stated previously, one of our major suppliers in Florida, US Agri-Chemicals, will close their plant
soon. We are actually no longer being supplied at this location. We have been unsuccessful at locating
other sources. Originally, we expected to be able to supply product out of Louisiana, however that will
not be a possibility. Basically, there is no consistency in the market, availability is uncertain, and we
cannot guarantee product.
Other distributors that may have product available are Lucier (LCI) and/or Solvay.
I apologize for the inconvenience this has caused. If you have any questions, please give us a call.
Sincerely,
Monica Avila
Monica Avila
monJ(;~.@Ren~(;~-,(;Qm
Pencco, Inc.
P.O. Box 600
San Felipe, TX 77473
Ph. 979.885.0005
Fax 979.885.3208
CONFIDENTIALITY NOTICE: The information contained in this e-mail message, together with any attachments thereto, are intended only for
the personal and confidential use of the addressee[s] named above. The message and the attachments are or may be a privileged or
protected communication. If you are not the intended recipient of this message, or authorized to receive it for the intended recipient, you
have received this message in error. If you received this message in error, you are not to review, use, disseminate, distribute or copy it or
any attachments and are requested to immediately notify us by return e-mail message, and delete the original message. Thank you.
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11/10/2005
AGENDA ITEM NUMBER:
~'G
AGENDA REQUEST
~^ "3) 0106 5-
Request to be placed on: Be~~ 27, '005
Date: December 20, 2005
~ Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
Approval for cancellation of contract with Pennco Inc. for the purchase of Hydrofluosilicic Acid for
the Delray Beach Water Treatment Plant and authorization for Purchasing Staff to re-bid this
commodity.
ORDINANCE/RESOLUTION REQUIRED:
Draft Attached:
YES
YES
NO
NO
Recommendation:
Cancel contract with Pennco Inc. for the purchase of Hydrofluosilicic Acid for the Delray Beach
Water Treatment Plant and authorization for Purchasing Staff to re-bid this commodity.
Department Head Signature: -::::)'. ~~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes 1-.)1 A ~ No
Funding alternatives:
(if applicable)
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda:& t#1-- No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved
Disapproved
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER C?I'l
AGENDA ITEM # <i;.\\ - REGULAR MEETING OF JANUARY 3.2006
CONTRACT CANCELLATION/PREMIER BUS OPERATING COMPANY
TO:
SUBJECT:
DATE:
DECEMBER 30, 2005
1bis is before the Commission to authorize the cancellation of the contract with Premier Bus
Operating Company for Bus Rental and Driver Services for Parks and Recreation Camps, Special
Events, Sports & Dance Competitions, and Football Programs; and approve a temporary award to
Midnight Sun Tours until a new bid has been processed.
On August 16,2005, the Commission awarded Bid #2005-35 to Premier Bus Operating Company for
the term of October 1, 2005 to September 30, 2007. On December 13,2005, Premier Bus Operating
Company notified the City that it had filed Chapter 7 and ceased operations.
The Parks and Recreation Department requested emergency quotes from two (2) bus companies that
had submitted bid packages for Bid #2005-35.
Staff recommends using Midnight Sun Tours at an hourly rate of $70.00 per hour until a new contract
has been approved.
Recommend cancellation of the contract with Premier Bus Operating Company for Bus Rental and
Driver Services for Parks and Recreation Camps, Special Events, Sports & Dance Competitions, and
Football Programs; and approve a temporary award to Midnight Sun Tours until a new bid has been
processed.
S:\City Clerkagenda memos\Contrllct Cancellation Premier Bus 10306
of(
olvJ
MEMORANDUM
TO:
David Harden, City Manager
Jacklyn Rooney, Purchasing Manage+
Joseph Safford, Finance Director
FROM:
THROUGH:
DATE:
December 21,2005
SUBJECT:
DOCUMENT A TION - CITY COMMISSION MEETING
JANUARY 3, 2006 - CANCELLATION OF CONTRACT
WITH PREMIER BUS OPERATING COMPANY
BID #2005-35 - BUS RENTAL AND DRIVER SERVICE
FOR PARKS AND RECREATION
Item Before Commission:
City Commission is requested to cancel contract award (Bid #2005-35) to Premier Bus Operating
Company for Bus Rental and Driver Services for Parks and Recreation for Summer Day Camp,
Holiday Camp, Special Events, Sport & Dance Competition, and Football Programs and approve
a temporary award to Midnight Sun Tours until a new bid has been processed, awarded and
contracts signed.
Background:
City Commission at their meeting of August 16, 2005 awarded Bid #2005-35, Bus Rental and
Driver Service for Parks and Recreation to Premier Bus Operating Company for the term of
October 01, 2005 to September 30,2007. Premier Bus Operating Company, on December 13,
2005, notified the City via fax that it is closing its operation effective immediately. A copy of
the fax is attached for your review.
Parks and Recreation Department immediately requested emergency quotes from the other two
(2) bus companies were had submitted a bid packages for Bid #2005-35, and recommend that we
use Midnight Sun Tours at an hourly rate of $70.00 per hr. till a new contract has been approved.
See attached memo dated December 15, 2005 from Director of Parks and Recreation.
Recommendation:
Staff recommends the cancellation of the contract with Premier Bus Operating Company for Bus
Rental Services for Parks and Recreation and approval for use of Midnight Sun Tours on a
temporary basis till a new bid has been awarded and singed contracts approved.
Attachments:
Memo from Parks & Recreation
Cancellation Memo from Premier Bus Operating Company
Quote from Midnight Sun Tours
FROM : PREM I ER BUSOPERAT I NG COMPANX FAX NO. : 9544544655
Dec. 13 2005 01:05PM Pi
~a.JT PREMIER BUS OPERATING COMPANY
. r"tf j D/B/A FLORIDA NETWORK TRANSPORTA TION
December 13, 2005
Alberta
City of Defray Beach
100 N.W. 1- Avenue
Delray Beach, Fl 33444
Re: Scheduled Buses
Dear Alberta:
I regret to Inform you that Premier Bus Operating Company will not be able to continue
with the current contract. We Will not be able to supply your request for buses for the
Christmas Break. Premier Bus Operating Company' has filed Chapter 7 and has
ceased operations.
I' you have any further questions concerning the Chapter 7, please call 305..235-3025
and speak to Ana Yanks, ..
Sincerely,
.&';
Judy
Operations Manager
1722 Mayo Street #101 Hollywood, FL 33020
PHONE (954) 454-4644 1t FAX (954) 454-4655
e
MEMORANDUM
~o
TO: David Harden, City Manager
FROM: Alberta Ga ~
lliROUGH:
SUBJECT: Bus Rental
DATE: December 15, 2005
I have been in contact with the two remaining bidders, Simply the Best Charters, Inc.
and Mi@ighLSun Tours. Both have quoted an hourly rate of $70.00. I would like to
recommend -Midnight Sun Tours because they have thirty years of service and Palm
Beach County Parks and Recreation has utilized their services for ten years without any
major incident. While both bus companies have excellent references, Simply The Best
Charters, Inc. caters to the transportation of seniors and not young children. We will be
hiring a bus company on a short term basis and will go out for re-bid as soon as possible.
Attached is a quote from Midnight Sun Tours.
Please review and advise.
lj;-
~t.
V-a'
DEC-14-2D05 11 :41AM FROM-MIDNIGHT SUN TOURS / AI.ERICAN COACH
5615868821
T-257 P.DOl/DOl F-173
~ MIDNIGHT SUN TOURS
Luxury European Motor Coaches and Minicoacbes
AN AMERICAN COACH LINES COMPANY
.. ........
Facsimile Cover Sheet
TO~ Alberta / City of Delray Beach
Phone: 561-243-7136 Fax: 561-243-7268
FROM .Tann Friedman I Director of Sales
DATE 12/14/06
SUBJ CT: Transportation Quotation
ceipt of your request for a transportation quotation for your Winter Camp.
Midni ht Sun has been in business in South Florida for almost thirty years. We
have large fleet of European touring coaches. These vehicles are, of course, all
air co ditioned and rest room equipped. They have both VCR and DVD players with
multi Ie monitors as well as sound systems. Our drivers undergo extensive
back ound checks and thorough pre and post employment training and testing. Our
dispa ch staff is available seven days a week, twenty four hours a day.
For t is holiday camp season we will be happy to offer you our discounted
recr tion department rate of $70 per hour with a five hour minimum. This rate
does ot include any gratuities for your drivers.
let me know as soon as possible when you want to schedule this program.
ill insure that we have the vehicles available that you need.
~Jr:d~
.fg ~.
- .-
220 outhDixie Highway. Suite 2. Lake Worth. FL 33461 www.midnightcoaches.com
Phone: (561) 588-4446 Toll Free: (877) 672r8731 Fax.: (561) 586-8821
AGENDA ITEM NUMBER:
~\\
AGENDA REQUEST
Request to be placed on: January 03, 2006
Date: December 21,2005
1L Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
Approval for cancellation of contract with Premier Bus Operating Company for Bus Rental and
Driver Services for Parks and E~reation for Summer Day Camp, Holiday Camp, Special Events....
~Sport & Dance Competitibnl,'F'ootball Programs and approve a temporary award to Midnight
Sun Tours until a new bid has been processed, awarded and contracts signed.
ORDINANCE/RESOLUTION REQUIRED:
Draft Attached:
YES
YES
NO
NO
Recommendation:
Cancel contract with Premier Bus Operating Company for Bus Rental Services for Parks and
Recreation for Summer Day Camp, Holiday Camp, Special Events and Sport & Dance
Competition Football Programs and approve a temporary award to Midnight Sun Tours until a
new bid has been processed, awarded and contract signed.
Department Head Signature: ~ ~ ~
" "-
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes ~ No
Funding alternatives:
(if applicable)
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda:~ {)JUf No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved
Disapproved
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER tJ1V/
AGENDA ITEM # ~ - REGULAR MEETING OF JANUARY 3,2006
PURCHASE ORDER INCREASE/DELRAY LINCOLN MERCURY
TO:
SUBJECT:
DA1E:
DECEMBER 30, 2005
TIUs is before the Commission to approve an increase of $15,000.00 to blanket purchase order
#631052, Delray Lincoln Mercury, for the purchase of Original Manufacture (O.E.M.) automotive
parts for the City Garage.
On October 5, 2005, a blanket purchase order was issued to Delray Lincoln Mercury, Inc. for the
purchase of Ford O.E.M. parts. The City Garage had been purchasing parts from Palm Beach
Lincoln Mercury and Delray Lincoln Mercury, but Palm Beach Lincoln Mercury has apparendy filed
for bankruptcy and has not been a reliable resource. Therefore, the City Garage will be purchasing
these parts from Delray Lincoln Mercury and is requesting an increase of $15,000.00 to purchase
order #631052 for the total amount of $27,000.00.
Funding is available from 501-3311-591-52.50 (Central Garage Fund/Inventory/Parts).
Recommend approval of an increase of $15,000.00 to blanket purchase order #631052, Delray
Lincoln Mercury, for the purchase of Original Manufacture (O.E.M.) automotive parts for the City
Garage.
S:\City CIerk\agenda memos\PO Increase OEM 010306
MEMORANDUM
TO: David Harden, City Manager
FROM: Jacklyn Rooney, Purchasing Manager ~
THROUGH: Joseph Safford, Finance Director
DATE: December 20, 2005
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
JANUARY 03, 2006 - PURCHASE ORDER INCREASE
FOR PURCHASE OF AUTOMOTIVE PARTS
Item Before Commission:
City Commission is requested to approve the increase of purchase order #631052 in the amount
of $15,000 for the purchase of O.E.M. (Original Manufacturer) automotive parts from Delray
Lincoln Mercury for a total amount of $27,000.
Background:
On October 05,2005 a blanket purchase order was issued to Delray Lincoln Mercury Inc. for the
purchase ofFord O.E. M. miscellaneous automotive parts for the total amount of$12,000.
The City Garage has been purchasing Ford O.E.M. parts from Palm Beach Lincoln Mercury and
Delray Lincoln Mercury, but Palm Beach Lincoln Mercury has apparently filed for bankruptcy
and has not been a reliable resource for the purchase of these Ford Parts. Therefore, the City
Garage will be purchasing these parts from Delray Lincoln Mercury and is requesting an
increase of $15,000 to purchase order #631052 for the total amount of $27,000. See attached e-
mail message dated December 20, 2005 from the Fleet Superintendent.
Recommendation:
Staff recommends the approval for the increase of $15,000 to purchase order #631052 with
Delray Lincoln Mercury for the total amount of $27,000. Funding from account code 501-3311-
591-52.50.
Attachments:
Memo Fleet Superintendent
Copy of Purchase Order #631052
AGENDA ITEM NUMBER:
~
AGENDA REQUEST
Request to be placed on: December 27,2005
Date: December 20,2005
~ Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
Request for increase of $15,000 to purchase order #631052 for Delray Lincoln Mercury for the
purchase of O.E. M. (Original Manufacture) automotive parts for the City Garage which will bring
the total amount of the purchase order to $27,000.
ORDINANCE/RESOLUTION REQUIRED:
Draft Attached:
YES
YES
NO
NO
Recommendation:
Approve the increase of purchase order #631052 for Delray Lincoln Mercury for the purchase of
OEM. (Original Manufacture) automotive parts for the City Garage for the new total amount of
the purchase order to $27,000.
Funding from account code 501-3311-591-52.50.
Department Head Signature: r- ~ . ~ · ,. \)
~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available:~ No
Funding alternatives:
Account Number: (;bl- 3311- 591 S2 -sf)
Account Description: Etftrjl1 cu{ fb-d' s
f:i 3~ IS z)
(if applicable)
Account Balance:
City Manager Review:
Approved for agenda: @ r1- No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved
Disapproved
MEMORANDUM
FROM:
MAYOR AND CIlY COMMISSIONERS
CIlY MANAGERt11^1
AGENDA ITEM # ~ - REGULAR MEETING OF JANUARY 3. 2006
MEMORANDUM OF UNDERSTANDING/DEPARTMENT OF
FINANCIAL SERVICES
TO:
SUBJECT:
DATE:
DECEMBER 30, 2005
This is before the Commission to approve a Memorandum of Understanding with the Florida
Department of Financial Services; and accept the Domestic Preparedness Grant from the State
Homeland Security Grant Program in the amount of $76,226.50 for equipment, maintenance of
equipment, and training courses related to Homeland Security.
The grant funds awarded to the City will be used as follows:
$28,032.59
$ 8,436.00
$39,757.91
Maintain existing equipment
Purchase new Fire Rescue equipment
Fire Rescue Training Courses
Recommend approval of a Memorandum of Understanding with the Florida Department of
Financial Services; and accept the Domestic Preparedness Grant from the State Homeland Security
Grant Program in the amount of $76,226.50 for equipment, maintenance of equipment, and training
courses related to Homeland Security.
S:\City Clerk\agenda memos\MOU Gr.mt Homeland See 010306
[ITY OF DElRRY BERt
FIRE-RESCUE DEPARTMENT
-;~~\i! f\JC:l r
:~i T r( r~, /1 \.'1
fW,HLAND BEACH
DELRAY BEACH
f lOR I D A
......
All-America City
, , III!
1993
2001 MEMORANDUM
TO:
David T. Harden, City Manager
FROM:
Michael Wise, Lieutenant, Special Operations Coordinator
DATE:
December 22, 2005
SUBJECT:
Agenda Item-City Commission Meeting on 01/03/06
Execution of the Memorandum of Understanding Agreement
to accept the 2005 Domestic Preparedness Grant from the State
Homeland Security Grant Program
ACTION:
The City of Delray Beach City Commission is being requested to execute the Memorandum of
Understanding Agreement in order to accept the 2005 Domestic Preparedness Grant from the
State Homeland Security Grant Program in the amount of $76,226.50.
BACKGROUND:
The U.S Department of Homeland Security, Office of Domestic Preparedness, has awarded
the City of Delray Beach, Delray Beach Fire Rescue, grant funds in the amount of $76,226.50.
These grant funds will be passed down to the Florida Department of Financial Services, Division
of State Fire Marshal and disbursed to the City of Delray Beach on a reimbursement basis. The
grant funds are awarded to maintain Regional Domestic Security Hazardous Materials Task Force
Team equipment that was received in the original grant agreement Contract #02-NF-00-00-00-00-
924 executed on June 3, 2002. The total cost of the original equipment received was
$171,625.75. Equipment maintenance funds are awarded in the amount of $28,032.59, $8,436.00
is awarded to purchase new or required replacement WMD hazardous materials equipment, and
$39,757.91 is awarded to receive or conduct hazardous materials WMD refresher or enhancement
training courses. The 2005 Domestic Preparedness Grant guidelines require that, if the State
disburses a portion of grant funds to a local government unit, the State must enter into a
Memorandum of Understanding Agreement with the Local Government Unit, specifYing the
amount of funds to be disbursed by the State for an approved purpose. The term of the MOU
Agreement is effective upon its execution by both parties and shall terminate on June 30, 2006.
FIRE-RESCUE Df':!'ARTMF~JT HEADOUARH:RS . ::.01 WEST AHMJTlC NJUJlJ[ . DEI HN( HEACH. FLORIDA 33444
i~)61-~ ;)4'~~..l40(). FAX (::,1C'; ~)~~::) . ,1i,1
f)!in!(;o' on Rt.,cy(:it::(J
RECOMMENDATION:
The Delray Beach Fire-Rescue Department respectfully request City Commission approval to
officially execute the Memorandum of Understanding Agreement to accept the 2005 Domestic
Preparedness Grant in the amount of $76,226.50.
Sincerely,
~uJ~
Mike Wise
Lieutenant
Attachment(s)
cc: Kerry Koen, Fire Chief
Chevelle Nubin, City Clerk
[IT' DF DELRAY BEA[H
.~ ~...../
~,.
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE . DELRAY BEACH, FLORIDA 33444
TELEPHONE: 56]/243-7090 . FACSIMILE: 561/278-4755
Writer's Direct Line: 561/243-7091
DELRA Y BEACH
f lOR I 0 "
tdItd
All-America City
, 1111 ! DATE
TO:
MEMORANDUM
December 20,2005
1993
2001
City Commission
David Harden, City Manager
~
FROM:
Terrill C. Barton, Assistant City Attorney
SUBJECT: Agreement between Delray Beach Fire-Rescue and the Florida
Department of Financial Services. Division of State Fire Marshal
Attached please find a Memorandum of Understanding for Expenditure of Local
Government Unit Funding for Florida Regional Hazardous Materials/WMD
Response Teams from 2005 Domestic Preparedness Grant State Homeland
Security Grant Program. This Memorandum of Understanding is a Grant from the
State Department of Financial Services to the City whereby the City will receive a
total of $76,226.50 for equipment, maintenance of equipment and training courses
related to Homeland Security.
Please place this item on the January 3, 2005 Commission agenda for the
Commission's consideration.
Thank you.
TCB:smk
Attachment
cc: Chevelle Nubin, City Clerk
Kerry Koen, Fire Chief
MEMORANDUM OF UNDERSTANDING
FOR EXPENDITURE OF LOCAL GOVERNMENT UNIT FUNDING FOR
FLORIDA REGIONAL HAZARDOUS MATERIALSIWMD RESPONSE TEAMS
FROM 2005 DOMESTIC PREPAREDNESS GRANT
STATE HOMELAND SECURITY GRANT PROGRAM
THIS AGREEMENT is entered into by and between Citv of Delrav Beach ("Local
Government Unif') and Florida Department of Financial Services, Division of State Fire Marshal
("SFM").
WHEREAS, the U.S. Department of Homeland Security, Office of Domestic Preparedness
("ODP") has made available 2005 Domestic Preparedness Grant funds to the Florida Department of
Financial Services, Division of State Fire Marshal, as the State of Florida's State Administrative Agency
for Fire-Rescue under federal grant guidelines, which funds are designated to be used for planning,
equipment, training, exercise and management and administrative Purchases and activities in
Domestic Preparedness.
WHEREAS, the 2005 Homeland Security Grant Program ("SHSGP"), is a portion of the 2005
Domestic Preparedness Grant and provides funds to enhance the capability of State and Local
Government Units to prevent, deter, respond to, and recover from incidents of terrorism.
WHEREAS, the 2005 Domestic Preparedness Grant guidelines require that, if the State
disburses a portion of said grant funds to a local government unit, the State must enter into a
Memorandum of Understanding with the Local Government Unit, specifying the amount of funds to be
disbursed by the State for the below identified training; and
WHEREAS, the State and the Local Government Unit have utilized the State of Florida's State
Homeland Security Strategies as the basis for the allocation of 2005 SHSGP funds to meet prioritized
needs to enhance and refine their preparedness efforts, and have received state and federal approval
for the allocation and expenditure of said funds as designated herein,
NOW THEREFORE, the parties agree to the following terms:
1. The Local Government Unit requests the State, through the Department of Financial Services,
Division of State Fire Marshal, to disburse the amount of no less than $76,226.50 (Grant Fund
Amount"), as the portion of the Local Government Unit's allocation of the SHSGP portion of the
2005 Domestic Preparedness Grant.
2. The Department of Financial Services, Division of State Fire Marshal, representing the State in
its administration of the 2005 SHSGP grant funds, agrees to disburse the Grant Fund Amount
to provide funding in the amounts of no less than $28,032.59 for sustainment of equipment
(originally purchased with ODP funds), $8,436 for purchase of new equipment, and $39,757.91
for training in ODP approved training courses.
3. The Local Government Unit agrees that unless the Local Government Unit is a state agency or
subdivision, the Local Government Unit shall be solely responsible to parties with whom it shall
deal in carrying out the terms of this Memorandum of Understanding, and shall save the
Department harmless against all claims of whatever nature by third parties arising out of the
performance of work under this Memorandum of Understanding. For purposes of this
Memorandum of Understanding, the Local Government Unit agrees that it is not an employee
or agent of the Department, but is an independent contractor.
4. Any Local Government Unit who is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat" agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for
its negligent acts or omissions or tortious acts which result in claims or suits against the
Department, and agrees to be liable for any damages proximately caused by said acts or
omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Local
Government Unit to which sovereign immunity applies. Nothing herein shall be construed as
consent by a state agency or subdivision of the State of Florida to be sued by third parties in
any matter arising out of any contract.
Page I of 3 Pages
5. The Local Government Unit agrees that all notices provided under or pursuant to this
Memorandum of Understanding shall be in writing, either by hand delivery, or first class,
certified mail, return receipt requested, to the contract representative identified below at the
address set forth below and said notification attached to the original of this Memorandum of
Understanding.
6. The Local Government Unit shall use the funds provided to it under this
Memorandum of Understanding for the purpose specified in the Florida Strategy, and
specifically agrees to:
a. Upon notification by the State EOC, SFM and/or RDSTF, the Local
Government Unit shall respond to any and all incidents either within its
regional response area, or as designated within the State Emergency
Response Plan, with all eligible equipment, and any and all other resources
which it has, for so long as the Memorandum of Understanding remains in
effect, or as may be agreed upon under the Florida Strategy. It is
understood that local emergencies and equipment operability will dictate
the availability of an agency to respond.
b. Maintain the compliance requirements of a Weapons of Mass Destruction
Capable Hazardous Materials Resource, as defined by the Florida
Domestic Security Strategy.
c. To ensure uniformity of funded teams, purchase specifically identified
equipment as stipulated by the Florida Domestic Security Equipment
Committee. Exceptions to the approved equipment list are to be approved
by the Equipment Committee in writing prior to purchase.
d. Use sustainment funding only for equipment that was previously purchased
with ODP funds.
e. Submit all appropriate reimbursement requests by May 1, 2006.
7. This Memorandum of Understanding is effective upon its execution by the parties and may be
modified only in writing with execution by both parties. This Agreement terminates on June 30,
2006, or earlier a) as otherwise stated herein, b) as agreed to by the parties, or c) as otherwise
required by law or by state or federal guidelines.
8. This Memorandum of Understanding contains all the terms and conditions agreed upon by the
parties.
Name and address for the Department contract managers for this Memorandum of Understanding is:
Contract/Financial Activities:: Programmatic Activities:
John J. Delorio, 11- CFO, EFO, MIFireE Dave A. Casey, Bureau Chief
Division of State Fire Marshal Division of State Fire Marshal
Bureau of Fire Standards and Training Bureau of Fire Standards and Training
11655 NW Gainesville Road 11655 NW Gainesville Road
Ocala, Florida 34482-1486 Ocala, Florida 34482-1486
Email: john.deiorio@f1dfs.com Email: dave.casey@f1dfs.com
The name and address of the representative of the Local Government Unit responsible for the
administration of this Memorandum of Understanding is:
Name and Title: Mike Wise, Lieutenant! Special Operations Coordinator
Address: 501 West Atlantic Avenue
City/State/Zip Delray Beach, FL 33444
Phone Number: (561) 243-7416/ (561) 441-0812 dept. cell
Email: wise@cLdelray-beach.f1.us
Page 2 of 3 Pages
The parties agree to comply with state and federal guidelines in the allocation, expenditure and
reporting of the use of the Grant Fund Amount.
WHEREFORE, the parties hereto have caused this Memorandum of Understanding to be executed by
their undersigned officials as duly authorized.
LOCAL GOVERNMENT UNIT
CITY OF DELRAV BEACH
Name of Agency
DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF STATE FIRE MARSHAL
Name of Agency
Signature of Agency Official
Signature of Agency Official
Lisa Miller. Chief of Staff. Deoartment of Financial
Services
Printed Name of Agency Official
Printed Name of Agency Official
Date
Date
Page 3 of 3 Pages
AGENDA ITEM NUMBER:
lIT
AGENDA REQUEST
Request to be placed on: January 3. 2006
Date: 12/22/05
~ Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
The Delray Beach Fire Rescue respectfully request City Commission approval to officially execute
the Memorandum of Understanding (MOU) Agreement to accept the 2005 Domestic
Preparedness Grant from the State Homeland Security Grant Program in the amount of
$76,226.50. The grant funds were awarded to the City of Delray Beach, Delray Beach Fire
Rescue, to maintain existing equipment in the amount of $28,032.59, $8,436.00 will be used to
purchase new Fire Rescue equipment and $39,757.91 will be used for Fire Rescue training
courses. A copy of the MOU Agreement is attached.
ORDINANCE/RESOLUTION REQUIRED:
Draft Attached:
YES
YES
NO XX
NO _XX_
Recommendation:
A&H,.,~
I recommend the submittal of the Memorandum of Understanding Agreement to the City
Commission for approval to accept/execute the 2005 Homeland Security Grant in the
amount of $76,226.50.
Department Head Signature: tJ-l ~ ~
Determination of Consistency kh Compreh nsive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes
No
Funding alternatives:
(if applicable)
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda: @
Hold Until:
/;;1
No
Agenda Coordinator Review:
Received:
Action:
Approved
Disapproved
MEMORANDUM
From:
City Commission
David T. Harden, City Managert'J'V1
Resolution No. 1-06
To:
Subject:
Date:
December 30,2005
Resolution #1-06 is attached for Commission approval. The Resolution declares an official intent
with respect to reimbursement of temporary advances made for capital expenditures to be made
from a proposed Master Lease Agreement with Bank of America Leasing. Tax law requires that a
declaration of the extent of private activity be made within 60 days of the first expense relative to a
project or asset. This allows for compliance with this tax law.
Recommend approval of Resolution #1-06 declaring an official intent with respect to
reimbursement of temporary advances made for capital expenditures.
c: R.S. O'Connor, Treasurer
File: resolution reimb to comm.. doc
2K
MEMORANDUM
To:
David T. Harden, City Manager
From:
Rebecca S. O'Connor, Treasurer
Joseph M. Saffor~fr;ctor of Finance
Thru:
Subject:
Resolution No. 1-06
Date:
December 16, 2005
We have attached Resolution #1-06 for Commission approval. Resolution# 1-06 declares an
official intent with respect to reimbursement of temporary advances made for capital expenditures
to be made from a proposed Master Lease Agreement with Banc of America Leasing. Tax law
requires that a declaration of the extent of private activity be made within 60 days of the first
expense relative to a project or asset. This allows for compliance.
The Finance Department recommends approval of this resolution. I concur with their
recommendation.
c: R.S. O'Connor, Treasurer
File: resolution reimb to comm.doc
RESOLUTION No. 1-06
DECLARATION OF OFFICIAL INTENT WITH RESPECT TO
REIMBURSEMENT OF TEMPORARY ADVANCES MADE FOR
CAPITAL EXPENDITURES TO BE MADE FROM SUBSEQUENT
BORROWINGS
WHEREAS, Treasury Regulation 9 1.150-2 (the "Reimbursement Regulations"), issued pursuant
to Section 150 of the Internal Revenue Code of 1986, as amended, (the "Code") prescribes certain
requirements by which proceeds of tax-exempt bonds, notes, certificates or other obligations included in
the meaning of "bonds" under Section 150 of the Code ("Obligations") used to reimburse advances made
for Capital Expenditures (as hereinafter defined) paid before the issuance of such Obligations may be
deemed "spent" for purposes of Sections 103 and 141 to 150 of the Code and therefore, not further
subject to any other requirements or restrictions under those sections of the Code; and
WHEREAS, such Reimbursement Regulations require that an Issuer (as hereinafter defined)
make a Declaration of Official Intent (as hereinafter defined) to reimburse any Capital Expenditure paid
prior to the issuance of the Obligations intended to fund such Capital Expenditure and require that such
Declaration of Official Intent be made no later than sixty (60) days after payment of the Capital
Expenditure and further require that any Reimbursement Allocation (as hereinafter defined) of the
proceeds of such Obligations to reimburse such Capital Expenditures occur no later than eighteen (18)
months after the later of the date the Capital Expenditure was paid or the date the property acquired with
the Capital Expenditure was placed in service, except that any such Reimbursement Allocation must be
made no later than three years after such Capital Expenditure was paid; and
WHEREAS, the CITY OF DELRAY BEACH (the "Issuer") wishes to ensure compliance with the
Reimbursement Regulations;
NOW, THEREFORE, be it resolved by the Commission of the Issuer that:
Section 1. Definitions. The following definitions apply to the terms used herein:
"Allocation" means written evidence that proceeds of Obligations issued subsequent to the
payment of a Capital Expenditure are to reimburse the Issuer for such payments. "To allocate" means to
make such an allocation.
"Capital Expenditure" means any expense for an item that is properly depreciable or amortizable
or is otherwise treated as a capital expenditure for purposes of the Code, as well as any costs of issuing
Reimbursement Bonds.
"Declaration of Official Intent" means a written declaration that the Issuer intends to fund Capital
Expenditures with an issue of Reimbursement Bonds and reasonably expects to be reimbursed from the
proceeds of such an issue.
"Issuer" means either a governmental unit that is reasonably expected to issue Obligations, or
any governmental entity or 501 (c)(3) organization that is reasonably expected to borrow funds from the
actual issuer of the Obligations.
"Reimbursement" means the restoration to the Issuer of money temporarily advanced from other
funds, including moneys borrowed from other sources, of the Issuer to pay for Capital Expenditures
before the issuance of Obligations intended to fund such Capital Expenditures. "To reimburse" means to
make such a restoration.
"Reimbursement Bonds" means Obligations that are issued to reimburse the Issuer for Capital
Expenditures, and for certain other expenses permitted by the Reimbursement Regulations, previously
paid by or for the Issuer.
"Reimbursement Regulations" means Treasury Regulation ~ 150-2 and any amendments thereto
or superseding regulations, whether in proposed, temporary or final form, as applicable, prescribing
conditions under which the proceeds of Obligations may be allocated to reimburse the Issuer for Capital
Expenditures and certain other expenses paid prior to the issuance of the Obligations such that the
proceeds of such Obligations will be treated as "spent" for purposes of Sections 103 and 141 to 150 of
the Code.
Section 2. Declaration of Official Intent.
(a) The Issuer declares that it reasonably expects that the Capital Expenditures described in
Section (b), which were paid no earlier than sixty (60) days prior to the date hereof, or which will be paid
prior to the issuance of any Obligations intended to fund such Capital Expenditures, will be reimbursed
with the proceeds of Obligations, representing a borrowing by the Issuer in the maximum principal
amount, for such Reimbursements, of $317,112.74; and
(b) The Capital Expenditures will be reimbursed by Banc of America Leasing and reimbursed
are to be used for: Nortel PBX Telephone System ($199,572.74) and for 60 Club Car golf carts
($117,540).
Section 3. Reasonable Expectations. The Issuer does not expect any other funds (including
the money advanced to make the Capital Expenditures that are to be reimbursed), to be reserved,
allocated on a long-term basis, or otherwise set aside by the Issuer or any other entity, with respect to the
Capital Expenditures for the purposes described in Section 2(b).
Section 4. Open Meeting. It is found and determined that all formal actions of this
Commission of the Issuer concerning and relating to the adoption of this resolution were adopted in an
open meeting of this Commission of the Issuer; and that all deliberations of this Commission of the Issuer
and of any of its committees that resulted in such formal action, were in meetings open to the public, in
compliance with the law.
The undersigned has been authorized by Commission of the Issuer to sign this resolution on
behalf of the Commission of the Issuer.
Passed and adopted in regular session on this 300 day of January, 2006.
CITY OF DELRA Y BEACH
By:
Mayor
Attested by:
City Clerk
2
AGENDA ITEM NUMBER:
?;Y-
AGENDA REQUEST
Date: 12/16/05
Request to be placed on:
X Consent Agenda
Special Agenda
Workshop Agenda
When:
1/3/06
Description of agenda item: Approve Resolution# 1-06 authorizing the reimbursement
of original expenditures with proceeds of lease purchase financing of a Nortel PBX System
($199,572.74) and 60 golf carts ($117,540).
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
x
X
YES
YES
NO
NO
Recommendation: Recommend the approval of Resolution# 1 -06.
Department Head Signature:
::S' ~~ .~\..\...<
Determination of Consistency with Comprehensive Plan:
{
City Attorney Review/Recommendation (if applicable):
Budget Director Review
(required on all items involving expenditure of funds):
Funding available: @ Yes ~ Q ~ No
Funding alternatives (if applicable):
Account Number: n/a
Account Description:
Account Balance:
City Manager Review:
Approved for Agenda:
~
r;J)
No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved:
Disapproved:
P.O. #
MEMORANDUM
To:
City Commission
David T. Harden, City ManagevrJ\
Proposed Nortel PBX PBX Phone System ($199,572.74) and Golf Cart Lease
Financing ($117,540)
From:
Subject:
Date:
December 29, 2005
Staff received bids on December 7,2005 for the lease purchase financing of a Nortel PBX Phone
System from Bell South totaling $199,572.74 and 60 Club Car golf carts totaling $117,540. Staff
recommended approving Resolution #3-06 authorizing a master lease purchase agreement with
Banc of America Leasing and Capital, LLC, the low bidder, as well as well as authorizing the
execution of such documents that may be necessary to execute addendums to the Master
Agreement. The lease will be at a rate of 3.6112% for a 48 month term.
It should be advised that we did not get the indemnification language that was desired.
I concur with their recommendation to approve Resolution #3-06 authorizing the execution and
delivery of a master lease/purchase agreement with Banc of America Leasing LLC.; authorizing a
lease of telephone equipment and golf carts; authorizing the execution of other such documents
as may be necessary to complete the transactions contemplated.
~L
[ITY DF DELIAY IEA[H
CITY ATTORNEY'S OFFICE
200 NW 1 st AVENUE' DELRAY BEACH, FLORIDA 33444
TELEPHONE: 561/243-7090' FACSIMILE: 5611278-4755
DELRAY BEACH
~
All-America City
, III I! DATE:
1993 TO:
2001
Writer's Direct Line: 561/243-7091
MEMORANDUM
December 29, 2005
City Commission
David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Bank America Master Lease
The Supreme Court recently held that cities are not protected by Sovereign
Immunity limits in indemnification clauses and have permitted contractual
indemnification by cities.
Our office, through Becky O'Conner, tried to insert limits to the City's liability that
was not accepted by Bank of America.
Your choice is to accept the lease as drafted or go out to bid looking for a
company that would accept no indemnification from the City or a limit to the City's
indemnification.
Since this is a financing instrument, if you decide to go forward, it does not appear
that t risk is great in this instance.
cc: Doug Smith, Assistant City Manager
Joe Safford, Finance Director
Becky O'Connor, Treasurer
Brian Shutt, Assistant City Attorney
MEMORANDUM
To:
David T. Harden, City Manager
From:~
Thru:
Rebecca S. O'Connor, Treasurer
Joseph M. saffor~ctor of Finance
Subject:
Proposed Lease Agreement - Police Department Telephone System
and Golf Carts
Date:
December 29,2005
Backaround
On November 29, 2005, the City Finance Department received bids for the above referenced
financing ("Lease Agreement"). The Lease Agreement will provide funding the cost of the
acquisition of a Nortel PBX Phone System from Bell South totaling $199,572.74 and 60 Club Car
golf carts totaling $117,540.
Term
We asked that the banks make their bids based on a 4-year fixed rate term.
Bid Responses
The City received responses from Banc of America Leasing, Fifth Third Bank, GE Capital
Corporation, RBC Centura, SunTrust Leasing and Wachovia. Please see the table below:
Bank Rate Payment Interest Misc. Total Cost
Upfront Cost Cost
or in
Arrears
Banc of 3.6112% Arrears $23,930 $0 $23,930
America
Fifth Third Bank 3.96% Upfront $25,170 $0 $24,328
GE Capital 5.12% Phone Arrears $35,049 $0 $35,049
Corp. 5.43% Carts
RBC Centura 3.71% Arrears $24,601 $2,000 $26,601
SunTrust 3.88% Upfront $24,651 $200 $24,851
Leasina
Wachovia 4.298% Arrears $28,606 $0 $28,606
Recommendation
We recommend approving Resolution # 3-06 authorizing a master lease purchase agreement
with Banc of America Leasing and Capital, LLC, the lowest bidder, as well as authorizing the
execution of such documents that may be necessary to execute addendums to the master lease
agreement. The lease will be at a rate of 3.6112% for a 48 month term.
It should be advised that we did not get the indemnification language that was desired.
File: rfp/lease/telephone pd_golf carts
RESOLUTION NO. 3-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRA Y BEACH, FLORIDA, AUTHORIZING THE
EXECUTION AND DELIVERY OF A MASTER
LEASE/PURCHASE AGREEMENT WITH BANC OF
AMERICA LEASING & CAPITAL, LLC; AUTHORIZING A
LEASE OF TELEPHONE EQUIPMENT AND GOLF CARTS
THEREUNDER; AUTHORIZING THE EXECUTION OF
SUCH OTHER DOCUMENTS AS MAYBE NECESSARY TO
COMPLETE THE TRANSACTIONS CONTEMPLATED
HEREBY; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED by the City Council of the City of Delray Beach,
Florida (the "City") as follows:
Section 1. Findings. It is hereby ascertained, determined and declared
that:
(a) The City deems it necessary, desirable and in the best
financial interest of the City and its inhabitants that it enter into a Master
Equipment Lease/Purchase Agreement (the "Master Lease/Purchase
Agreement") with Bane of America Leasing & Capital. LLC (the" Lessor"), to
provide for the lease and purchase from time to time of equipment essential to
the governmental, municipal or public purposes or functions of the City or to
the services the City provides its inhabitants.
(b) The City has an immediate need for Telephone Equipment &
Golf Carts (the "Equi pment") for the welfare of its citizens, and it is in the best
financial interest of the City that the Equipment be leased pursuant to the Master
Lease/Purchase Agreement.
(c) The City is authorized and empowered by the Constitution
and laws of the State of Florida, including particularly Chapter 166, Florida
Statutes, and other applicable provisions of law (the" Act").
(d) The City is authorized and empowered by the Act to enter
into transactions such as those contemplated by the Master Lease/Purchase
Agreement and to fully perform its obligations thereunder in order to acquire the
Equipment.
(e) The small size of the lease financing, current market
conditions and other circumstances require that the Master Lease/Purchase
Agreement and the leases of equipment thereunder be negotiated at private sale
rather than offered by competitive bid.
004.270434.1
1
Section 2. Authorization of Execution and Delivery of Master
Lease/Purchase Agreement. The Master Lease/Purchase Agreement, substantially in
the form attached hereto as Exhibit A, with such omissions, insertions and variations as
may be approved on behalf of the City by the Mayor, such approval to be evidenced
conclusively by the Mayor's execution thereof, is hereby approved and authorized.
The City hereby authorizes and directs the Mayor to execute the Master Lease/Purchase
Agreement and deliver the same to the Lessor. All of the provisions of the Master
Lease/Purchase Agreement, when executed, dated and delivered by or on behalf of the
City as authorized herein and by or on behalf of the Lessor, shall be deemed to be part
of this Resolution as fully and to the same extent as if incorporated verbatim herein.
Section 3. Authorization of Leases of the Equipment. The lease of the
Equipment pursuant to the Master Lease/Purchase Agreement, as set forth on Schedule
of Property No. 001 (together with the Rental Payment Schedules associated therewith,
the "Schedules"), is hereby approved. The City hereby authorizes and directs the
Mayor to execute each of the Schedules and deliver the same to the Lessor. All of the
Schedules, when executed, dated and delivered by or on behalf of the City as
authorized herein and by or on behalf of the Lessor, shall be deemed to be part of this
Resolution as fully and to the same extent as if incorporated verbatim herein.
Section 4. General Authority. The Mayor, the City Clerk and the
officers, attorneys and other agents and employees of the City are hereby authorized to
do all acts and things required of them by this Resolution or desirable or consistent with
the requirements hereof for the full, punctual and complete performance of all of the
terms, covenants and agreements contained in the Master Lease/Purchase Agreement
and the Schedules, and they are hereby authorized to execute and deliver all certificates
and documents which shall reasonably be required by the Lessor to effectuate the
transactions described herein, including without limitation the documents described in
Exhibits B, C and E of the Master Lease/Purchase Agreement.
Section 5. Severability of Invalid Provisions. If anyone or more of the
covenants, agreements or provisions of this Resolution shall be held contrary to any
express provision of law or contrary to the policy of express law, though not expressly
prohibited, or against public policy, or shall for any reason whatsoever be held invalid,
then such covenants, agreements and provisions shall be null and void and shall be
deemed separable from the remaining covenants, agreements and provisions of this
Resolution, and shall in no way affect the validity of any of the other covenants,
agreements or provisions hereof.
004.270434.1e
2
Section 6. Effective Date. This Resolution shall become effective
immediately upon its passage.
PASSED AND ADOPTED this 3rd day of January, 2006.
[OFFICIAL SEAL]
ATTEST:
Mayor
City Clerk
004.270434.1
3
Exhibit A
MASTER EQUIPMENT LEASEIPURCHASE AGREEMENT
(FLORIDA VERSION)
This Master Equipment Lease/Purchase Agreement (this "Agreement") dated as of
December 29, 2005, and entered into between Banc of America Leasing & Capital, LLC, a
Delaware limited liability company ("Lessor"), and City of Delray Beach, FL, a body corporate
and politic/municipality existing under the laws of the State of Florida ("Lessee").
WITNESSETH:
Whereas, Lessee desires to lease and acquire from Lessor certain equipment described in
each Schedule (as each such term is defined herein), subject to the terms and conditions of and
for the purposes set forth in each Lease; and in the event of a conflict the terms of a Schedule
prevail; and
Whereas, the relationship between the parties shall be a continuing one and items of
equipment may be added to the Equipment from time to time by execution of additional
Schedules by the parties hereto and as otherwise provided herein; and
Whereas, Lessee is authorized under the constitution and laws of the State to enter into
this Agreement and the Schedules hereto for the purposes set forth herein;
Now, Therefore, for good and valuable consideration, receipt of which is hereby
acknowledged, and in consideration of the premises hereinafter contained, the parties hereby
agree as follows:
ARTICLE I
Section 1.01. Definitions. The following terms will have the meanings indicated below
unless the context clearly requires otherwise:
"Acquisition Amount" means the amount specified in each Lease and represented by
Lessee to be sufficient to acquire the Equipment listed in such Lease, which amount shall be not
less than $100,000 per Lease for Leases where the Acquisition Amount is to be paid directly to
the Vendor.
"Acquisition Fund" means, with respect to any Lease, the fund established and held by
the Acquisition Fund Custodian pursuant to the related Acquisition Fund Agreement, if any.
"Acquisition Fund Agreement" means, with respect to any Lease, an Acquisition Fund
Agreement in form and substance acceptable to and executed by Lessee, Lessor and the
Acquisition Fund Custodian, pursuant to which an Acquisition Fund is established and
administered.
"Acquisition Fund Custodian" means the Acquisition Fund Custodian identified in any
Acquisition Fund Agreement, and its successors and assigns.
#347725v4 (Florida Lease Template)
"Acquisition Period" means, with respect to each Lease, that period stated in the
Schedule to such Lease during which the Lease Proceeds attributable to such Lease may be
expended on Equipment Costs.
"Act" means, collectively, Chapter 166, Florida Statutes, the Constitution of the State,
and other applicable provisions oflaw.
"Agreement" means this Master Equipment Lease/Purchase Agreement, including the
exhibits hereto, together with any amendments and modifications to the Agreement pursuant to
Section 13.06.
"Code" means the Internal Revenue Code of 1986, as amended. Each reference to a
Section of the Code herein shall be deemed to include the United States Treasury Regulations
proposed or in effect thereunder.
"Commencement Date" means, for each Lease, the date when Lessee's obligation to pay
Rental Payments commences under such Lease, which date shall be the earlier of (i) the date on
which the Equipment listed in such Lease is accepted by Lessee in the manner described in
Section 5.01, or (ii) the date on which sufficient moneys to purchase the Equipment listed in such
Lease are deposited for that purpose with an Acquisition Fund Custodian.
"Equipment" means the property listed in each of the Leases and all replacements,
repairs, restorations, modifications and improvements thereof or thereto made pursuant to
Section 8.01 or Article V. Whenever reference is made in this Agreement to Equipment listed in
a Lease, such reference shall be deemed to include all such replacements, repairs, restorations,
modifications and improvements of or to such Equipment.
"Equipment Costs" means, to the extent permitted by the Act, the total cost of the
Equipment listed in each Lease, including all delivery charges, installation charges, capitalizable
consulting and training fees approved by Lessor, legal fees, financing costs, motor vehicle
registration fees, recording and filing fees, and other costs necessary to vest full, clear legal title
to the Equipment in Lessee, subject to the security interest granted to and retained by Lessor as
set forth in each Lease, and otherwise incurred in connection with the financing provided by the
lease-purchase of the Equipment as provided in each Lease; provided that in no event shall
approved consulting and training fees or other non-capitalizable "soft" costs relating to the
Equipment listed in any Lease which are to be financed by Lessor hereunder exceed 2% of the
total cost of such Equipment as. determined by Lessor; and provided further, that in no event
shall capitalizable delivery charges, installation charges, taxes and similar capitalizable "soft
costs" relating to such Equipment be included without Lessor's prior consent.
"Expense Fund" means, with respect to any Lease, the fund established and held by the
Acquisition Fund Custodian pursuant to the related Acquisition Fund Agreement.
"Event of Default" means an Event of Default described in Section 12.01.
"Lease" means a Schedule and the terms of this Agreement which are incorporated by
reference into such Schedule. Each Schedule with the incorporated terms of this Agreement
shall constitute a separate and independent Lease.
#347725v4 (Florida Lease Template)
2
"Lease Proceeds" means, with re$pect to each Lease, the total amount of money to be
paid by Lessor to the Acquisition Fund Custodian for deposit and application in accordance with
such Lease and the Acquisition Fund Agreement.
"Lease Term" for each Lease means the Original Term and all Renewal Terms therein
provided and for this Agreement means the period from the date hereof until this Agreement is
terminated.
"Lessee" means the entity referred to as Lessee in the first paragraph ofthis Agreement.
"Lessor" means (a) the entity referred to as Lessor in the first paragraph of this
Agreement or (b) any assignee or transferee of any right, title or interest of Lessor in and to the
Equipment under a Lease or any Lease (including Rental Payments thereunder) pursuant to
Section 11.01, but does not include any entity solely by reason of that entity retaining or
assumi~g any obligation of Lessor to perform under a Lease.
"Original Term" means the period from the Commencement Date for each Lease until
the end of the fiscal year of Lessee in effect at such Commencement Date.
"Purchase Price" means, with respect to the Equipment listed on a Lease, the amount
that Lessee may pay to Lessor to purchase such Equipment as provided in such Lease.
"Renewal Terms" means the renewal terms of each Lease, each having a duration of one
year and a term coextensive with Lessee's fiscal year, as specified in the Schedule applicable
thereto.
"Rental Payments" means the basic rental payments payable by Lessee under each Lease
pursuant to Section 4.01, in each case consisting of a principal component and an interest
component.
"Schedule" means each separately numbered Schedule of Property substantially in the
form of Exhibit A hereto together with a Rental Payment Schedule attached thereto substantially
in the form of Exhibit A-I hereto.
"State" means the State of Florida.
. "Utilization Period" means the date, with respect to each Lease not funded under an
Acquisition Fund Agreement, by which Lessee must deliver an Acceptance Certificate for the
Equipment under such Lease as indicated in Section 5.0l(a).
"Vendor" means the manufacturer or supplier of the Equipment or any other person as
well as the agents or dealers of the manufacturer or supplier from whom Lessor arranged
Lessee's acquisition and financing of the Equipment pursuant to the applicable Lease.
#347725v4 (Florida Lease Template)
3
ARTICLE II
Section 2.01. Representations and Covenants of Lessee. This Section 2.01 sets forth
facts and estimates upon which Lessor and its counsel may rely regarding the exclusion of the
interest portion of the Rental Payments from the gross income of Lessor, and the facts and
estimates upon which Lessee bases its reasonable expectation that the obligation to make Rental
Payments pursuant to the Leases does not create an arbitrage bond under Section 148 of the
Internal Revenue Code of 1986, as amended, and applicable Treasury Regulations.
Lessee represents, covenants and warrants for the benefit of Lessor on the date hereof and
as of the Commencement Date of each Lease as follows:
(a) Lessee is a state or a political subdivision thereof within the meaning of
Section 1 03( c) of the Code, duly organized and existing under the constitution and laws of the
State, including the Act, with full power and authority to enter into this Agreement and each
Lease and the transactions contemplated hereby and to perform all of its obligations hereunder
and under each Lease.
(b) Lessee has duly authorized the execution and delivery of this Agreement and each
Lease by proper action of its governing body at a meeting duly called, regularly convened and
attended throughout by the requisite quorum of the members thereof, or by other appropriate
official approval, and all requirements have been met and procedures have occurred in order to
ensure the validity and enforceability ofthis Agreement and each Lease.
(c) No event or condition that constitutes, or with the giving of notice or the lapse of
time or both would constitute, an Event of Default exists at the date hereof. Lessee is not in
default under any indenture, mortgage, deed of trust, bank loan, credit agreement or other
instrument to which Lessee is a party.
(d) The entering into and performance of each Lease by Lessee will not violate any
judgment, order, or regulation applicable to Lessee, and except as otherwise expressly provided
in this Agreement, result in the creation of any lien, charge, security interest, or other
encumbrance upon any assets of Lessee pursuant to any indenture, mortgage, deed of trust, bank
loans, credit agreement or other instrument to which Lessee is a party or by which it or its assets
may be bound.
(e) There are no actions, suits or proceedings pending or, to the knowledge of Lessee,
threatened against or affecting Lessee in any court or before any governmental commission,
board or authority, which, if adversely determined, will have a material adverse effect on the
ability on Lessee to perform its obligations under this Agreement or any Lease.
(f) Lessee has complied and will comply with Sections 218.38, 218.385(2) and
218.385(3), Florida Statutes, with respect to each Lease.
(g) The interest rate for the interest portion of the Rental Payments, on the first date
interest begins to accrue, does not exceed a rate of interest permitted by Section 215.84, Florida
Statutes.
#347725v4 (Florida LeaseTemplate)
4
(h) Lessee will do or cause to be done all things necessary to preserve and keep in full
force and effect its existence as a body corporate and politic.
(i) Lessee has complied and will comply with such open meeting laws and public
bidding requirements as may be applicable to this Agreement and each Lease and the acquisition
by Lessee of the Equipment as provided in each Lease or, in the case of public bidding
requirements, has otherwise complied and will comply with Section 218.385(1), Florida Statutes,
in connection with each Lease.
(j) During the Lease Term, the Equipment will be used by Lessee only for the
purpose of performing essential governmental or proprietary functions of Lessee permitted under
the Act. Lessee does not intend to sell or otherwise dispose of the Equipment or any interest
therein prior to the last Rental Payment (including all Renewal Terms) scheduled to be paid
under each Lease.
(k) Lessee has kept, and throughout the Lease Term will keep, its books and records
in accordance with generally accepted accounting principles and practices consistently applied,
and shall deliver to Lessor (i) annual audited financial statements (including a balance sheet,
statement of revenues, expenses and changes in fund balances for budget and actual, statement of
cash flows and notes, and schedules and attachments to the financial statements) within 180 days
of its fiscal year end, (ii) such other financial statements and information as Lessor may
reasonably request, and (iii) its annual budget for the following fiscal year within 90 days of the
adoption of such budget. Such statements in clause (i) above shall be accompanied by an
unqualified opinion of Lessee's auditor. Credit information relating to Lessee may .be
disseminated among Lessor and any of its affiliates and any of their respective successors and
asSIgnS.
(1) The proceeds of the Lease, together with investment earnings thereon, will be
expended to acquire Equipment within 6 months from the first day of the Original Term.
(m) Lessee has an immediate need for the Equipment listed on each Schedule and
expects to make immediate use of the Equipment listed on each Schedule. Lessee's need for the
Equipment is not temporary and Lessee does not expect the need for any item of the Equipment
to diminish during the Lease Term of such item. The use of the Equipment is essential to
Lessee's proper efficient and economic operation.
(n) The original proceeds of each Lease, and the interest to be earned thereon, do not
and will not exceed the amount necessary for the purpose for which such Lease is executed.
(0) No sinking fund is expected to be created by Lessee with respect to any Lease or
the Rental Payments.
(P) No other governmental obligations of Lessee are being issued at substantially the
same time and sold pursuant to a common plan of financing which will be paid out of (or have
substantially the same claim to be paid out of) substantially the same source of funds as each
Lease.
#347725v4 (Florida Lease Template)
5
(q) No portion of the amounts received pursuant to each Lease will be used as a
substitute for other funds which were otherwise to be used as a source of financing for any
portion of the costs of Equipment and which have been and will be used to acquire, directly or
indirectly, obligations producing a yield in excess ofthe yield on each Lease.
(r) In connection with the execution and delivery of each Lease, no action has or will
be taken which attempts to circumvent the provisions of Section 148 of the Code and the
regulations promulgated thereunder by (i) enabling Lessee to exploit the difference between tax-
exempt and taxable interest rates to gain a material financial advantage and (ii) over burdening
the tax -exempt bond market.
(s) Lessee will not directly or indirectly use or permit the use of any proceeds of a
Lease, or take or omit to take any action, that would cause the Rental Payments to be "federally
guaranteed" within the meaning of Section l49(b) of the Code.
(t) Lessee will submit to the Secretary of the Treasury information reporting
statements and other information related to each Lease at the times and in the forms required by
the Code.
(u) To the best of the knowledge and belief of Lessee, the expectations of Lessee, as
set forth in this Section 2.01, are reasonable, and there are no present facts, estimates and
circumstances which would change the expectations contained therein.
(v) There is no pending litigation, tax claim, proceeding or dispute that may adversely
affect Lessee's financial condition or impairs its ability to perform its obligations hereunder.
Lessee will, at its expense, maintain its legal existence in good standing and do any further act
and execute, acknowledge, deliver, file, register and record any further documents Lessor may
reasonably request in order to protect Lessor's security interest in the Equipment and Lessor's
rights and benefits under this Lease.
(w) The payment of the Rental Payments or any portion thereof is not (under the
terms of any Lease or any underlying arrangement) directly or indirectly (1) secured by any
interest in property used or to be used in any activity carried on by any person other than a state
or local governmental unit or payments in respect of such property; or (2) on a present value
basis, derived from payments (whether or not to Lessee) in respect of property, or borrowed
money, used or to be used in any activity carried on by any person other than a state or local
governmental unit. The Equipment will not be used, directly or indirectly, in any activity carried
on by any person other than a state or local governmental unit. No portion of the Equipment
Costs for the Equipment will be used, directly or indirectly, to make or finance loans to any
person other than Lessee.
(x) Lessee has reviewed and will review Internal Revenue Service Form 8038-G to be
filed in connection with the execution and delivery of each Lease, and all of the information
contained therein is, and will be, to the best of Lessee's knowledge, true and correct, and Lessee
will cause such Form 8038-G to be filed not later than 30 days after the execution and delivery of
each Lease.
#347725v4 (Florida Lease Template)
6
(y) Lessee reasonably expects that at least 85% of the proceeds of each Lease will be
expended for the governmental purpose of the Lease within 3 years of the initial date of the
Lease term, and less than 50% of the proceeds of each Lease will be invested in investment
securities with a substantially guaranteed yield for 4 years or longer.
ARTICLE III
Section 3.01. Lease of Equipment. Subject to the terms of this Master Lease, Lessor
agrees to provide the funds specified as the "Acquisition Amount" in each Lease to acquire the
Equipment. Upon the execution of each Lease, Lessor demises, leases, transfers and lets to
Lessee, and Lessee acquires, rents and leases from Lessor, the Equipment as set forth in such
Lease and in accordance with the terms thereof.
Section 3.02. Continuation of the Lease Term. The Lease Term for each Lease may be
continued, solely at the option of Lessee, at the end of the Original Term or any Renewal Term
for the next succeeding Renewal Term up to the maximum Lease Term set forth in such Lease.
At the end of the Original Term and at the end of each Renewal Term until the maximum Lease
Term has been completed, Lessee shall be deemed to have exercised its option to continue each
Lease for the next Renewal Term unless Lessee terminates such Lease pursuant to Section 3.03
or Section 10.01. The terms and conditions during any Renewal Term shall be the same as the
terms and conditions during the Original Term, except that the Rental Payments shall be as
provided in the applicable Lease.
Lessee intends, subject to Section 3.03, to continue the Lease Term of each Lease
through the Original Term and all Renewal Terms and to pay the Rental Payments thereunder.
Lessee affirms that sufficient funds are available for the current fiscal year, and Lessee
reasonably believes that an amount sufficient to make all Rental Payments during the entire
Lease Term of each Lease can be obtained from legally available funds of Lessee. Subject to
Section 3.03, Lessee further intends to do all things lawfully within its power to obtain and
maintain funds sufficient and available to discharge its obligation to make Rental Payments due
hereunder, including making provision for such payments to the extent necessary in each budget
or appropriation request submitted and adopted in accordance with applicable provisions of law,
to have such portion of the budget or appropriation request approved and to exhaust all available
reviews and appeals in the event such portion of the budget or appropriation request is not
approved.
Section 3.03. Nonappropriation. Lessee is obligated only to pay such Rental Payments
under each Lease as may lawfully be made from funds budgeted and appropriated for that
purpose during Lessee's then current fiscal year. Should Lessee fail to budget, appropriate or
otherwise make available funds to pay Rental Payments under any Lease following the then
current Original Term or Renewal Term, such Lease or Leases shall be deemed terminated at the
end of the then current Original Term or Renewal Term. Lessee agrees to deliver notice to
Lessor of such termination at least 90 days prior to the end of the then current Original Term or
Renewal Term, but failure to give such notice shall not extend the term beyond such Original
Term or Renewal Term. If any Lease is terminated in accordance with this Section, Lessee
agrees to peaceably deliver the Equipment to Lessor at the location(s) to be specified by Lessor.
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Section 3.04. Substitution. Lessee reserves the right to substitute Equipment of the same
quantity and general type with the approximate equal value, utility and remaining useful life as
the Equipment so replaced. Such substitution is subject to Lessor's prior written consent, which
consent shall not be unreasonably withheld, and shall be reflected in an amendment to the
appropriate Schedule.
Section 3.05. Conditions to Lessor's Performance Under Any Lease.
(a) As a prerequisite to the performance by Lessor of any of its obligations pursuant
to any Lease, Lessee shall deliver to Lessor the following:
(i) A fully completed Schedule, executed by Lessee;
(ii) An Acquisition Fund Agreement, executed by Lessee and the Acquisition
Fund Custodian, unless Lessor pays 100% of the Acquisition Amount directly to the
Vendor upon execution of the Lease;
(iii) A Certificate executed by the Clerk or Secretary or other comparable
officer of Lessee, in substantially the form attached hereto as Exhibit C, completed to the
satisfaction of Lessor;
. (iv) A certified copy of a resolution or other official action of Lessee's
governing body authorizing the execution and delivery of the Lease and performance by
Lessee of its obligations thereunder;
(v) An opinion of counsel to Lessee in substantially the form attached hereto
as Exhibit D respecting such Lease and otherwise satisfactory to Lessor;
(vi) An executed Essential Use/Source of Funds Certificate in substantially the
form attached hereto as Exhibit E;
(vii) Evidence of insurance as required by Section 7.02 hereof;
(viii) All documents, including financing statements, affidavits, notices and
similar instruments, in form satisfactory to Lessor;
(ix) A copy of a fully completed and executed Form 8038-G; and
(x) Such other items, if any, as are set forth in such Lease or are reasonably
required by Lessor.
(b) In addition, the performance by Lessor of any of its obligations pursuant to any
Lease shall be subject to: (i) no material adverse change in the financial condition of Lessee
since the date of this Agreement, (ii) no Event of Default having occurred, and (iii) if no
Acquisition Fund has been established, the Equipment must be accepted by Lessee no later than
January 31,2006 (the "Utilization Period").
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(c) Subject to satisfaction of the foregoing, Lessor will pay the Acquisition Amount
for Equipment described in a Schedule to the Vendor upon receipt of the documents described in
Section 5.01; or if an Acquisition Fund has been established pursuant to an Acquisition Fund
Agreement, Lessor will deposit the Acquisition Amount for Equipment described in the
Schedule with the Acquisition Fund Custodian.
(d) This Agreement is not a .commitment by Lessor to enter into any Lease not
currently in existence, and nothing in this Agreement shall be construed to impose any obligation
upon Lessor to enter into any proposed Lease, it being understood that whether Lessor enters into
any proposed Lease shall be a decision solely within Lessor's discretion.
(e) Lessee will cooperate with Lessor in Lessor's review of any proposed Lease.
Without limiting the foregoing, Lessee will provide Lessor with any documentation or
information Lessor may request in connection with Lessor's review of any proposed Lease.
Such documentation may include, without limitation, documentation concerning the Equipment
and its contemplated use and location and documentation or information concerning the financial
status of Lessee and other matters related to Lessee.
ARTICLE IV
Section 4.01. Rental Payments. Subject to Section 3.03, Lessee shall promptly pay
Rental Payments, in lawful money of the United States of America, to Lessor on the dates and in
such amounts as provided in each Lease. Lessee shall pay Lessor a charge on any Rental
Payment not paid on the date such payment is due at the rate of 16% per annum or the maximum
amount permitted by law, whichever is less, from such date. Rental Payments consist of principal
and interest payments as more fully detailed on each Schedule, the interest on which begins to
accrue as of the Commencement Date for each such Schedule.
Section 4.02. Interest and Principal Components. A portion of each Rental Payment is
paid as, and represents payment of, interest, and the Balance of each Rental Payment is paid as,
and represents payment of, principal. Each Lease shall set forth the principal and interest
components of each Rental Payment payable thereunder during the Lease Term.
Section 4.03. Rental Payments to Constitute a Current Expense of Lessee. Lessor and
Lessee understand and intend that the obligation of Lessee to pay Rental Payments under each
Lease shall constitute a current expense of Lessee payable solely from its general fund or other
funds that are legally available for that purpose and shall not in any way be construed to be a
debt of Lessee in contravention of any applicable constitutional or statutory limitation or
requirement concerning the creation of indebtedness by Lessee. THE RENTAL PAYMENTS
ARE TO BE MADE ONLY FROM LESSEE'S LEGALLY AVAILABLE REVENUES
APPROPRIATED ON AN ANNUAL BASIS, AND NEITHER LESSEE, THE STATE, NOR
ANY POLITICAL SUBDIVISION OR AGENCY THEREOF SHALL BE OBLIGATED TO
PAY ANY SUMS DUE UNDER A LEASE FROM THE COMPELLED LEVY OF AD
VALOREM OR OTHER TAXES EXCEPT FROM THOSE LEGALLY AVAILABLE
REVENUES APPROPRIATED BY LESSEE ON AN ANNUAL BASIS, AND NEITHER THE
FULL FAITH AND CREDIT NOR THE TAXING POWER OF LESSEE, THE STATE OF
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FLORIDA OR ANY POLITICAL SUBDIVISION THEREOF ARE PLEDGED FOR
PAYMENT OF SUCH SUMS DUE UNDER A LEASE.
Section 4.04. Rental Payments to be Unconditional. Except as provided in Section 3.03,
the obligations of Lessee to make Rental Payments and to perform and observe the other
covenants and agreements contained in each Lease shall be absolute and unconditional in all
events without abatement, diminution, deduction, set-off or defense, for any reason, including
without limitation any failure of the Equipment, after it has been accepted by lessee, any defects,
malfunctions, breakdowns or infirmities in the equipment or any accident, condemnation or
unforeseen circumstances.
Section 4.05. Tax Covenant. Lessee agrees that it will not take, or fail to take in a timely
manner, any action that would cause the interest component of Rental Payments to be or to
become ineligible for the exclusion from gross income of the owner or owners thereof for federal
income tax purposes, including, without limitation, the calculation and payment of any rebate
required to preserve such exclusion. Subject to Lessee's right to terminate the Lease as provided
herein, the foregoing covenant shall remain in effect until the date on which all obligations of
Lessee in fulfilling the above covenant under the Code have been met.
Section 4.06. Event of Taxability. Upon the occurrence of an Event of Taxability, the
interest component shall be at a Taxable Rate retroactive to the date as of which the interest
component is determined by the Internal Revenue Service to be includible in the gross income of
the owner or owners thereof for federal income tax purposes, and Lessee will pay such additional
amount as will result in the owner receiving the interest component at the Taxable Rate
identified in the related Lease.
For purposes of this Section, "Event of Taxability" means a determination that the
interest component is includible for federal income tax purposes in the gross income of the
owner thereof due to Lessee's action or failure to take any action.
Section 4.07. Mandatory Prepayment. If the Lease Proceeds are deposited into an
Acquisition Fund, any funds remaining in the Acquisition Fund on or after the Acquisition
Period and not applied to Equipment Costs, shall be applied by Lessor on the next Rental
Payment date, pro rata to the prepayment of the principal component of the outstanding Rental
Payments due under the applicable Schedule.
ARTICLE V
Section 5.01. Delivery, Installation and Acceptance of Equipment.
(a) Lessee shall order the Equipment, cause the Equipment to be delivered and
installed at the location specified in the Leases, and pay any and all deliveIy and installation
costs and other Equipment Costs in connection therewith. When the Equipment listed in any
Lease has been delivered and installed, Lessee shall promptly accept such Equipment and
evidence said acceptance by executing and delivering to Lessor an acceptance certificate in the
form attached hereto as Exhibit B.
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(b) Lessee shall deliver to Lessor original invoices and bills of sale (if title to such
Equipment has passed to Lessee) relating to each item of Equipment accepted by Lessee. With
respect to Equipment not purchased through an Acquisition Fund, Lessor shall, upon receipt of
an Acceptance Certificate from Lessee, prepare a Schedule of Property and Rental Payment
Schedule. Lessee shall execute and deliver such Schedules to Lessor within 5 business days of
receipt.
Section 5.02. Enjoyment of Equipment. Lessor shall provide Lessee with quiet use and
enjoyment of the Equipment during the Lease Term, and Lessee shall peaceably and quietly
have, hold and enjoy the Equipment during the Lease Term, without suit, trouble or hindrance
from Lessor, except as otherwise expressly set forth in the related Lease. Lessor shall not
interfere with such quiet use and enjoyment during the Lease Term so long as Lessee is not in
default under the related Lease.
Section 5.03. Location and Inspection of the Equipment. Once installed, Lessee will not
move any item of the Equipment from the location specified for it in the Lease on which such
item is listed without Lessor's consent, which consent shall not be unreasonably withheld.
Lessor shall have the right at all reasonable times during regular business hours to enter into and
upon the property of Lessee for the purpose of inspecting the Equipment. Lessee shall promptly
provide any information about the Equipment or a Lease that may be reasonably requested by
Lessor.
Section 5.04. Use and Maintenance of the Equipment. Lessee will not install, use,
operate, or maintain the Equipment improperly, carelessly, in violation of any applicable law or
in a manner contrary to that contemplated by the related Lease. Lessee shall provide all permits
and licenses, if any, necessary for the installation and operation of the Equipment. In addition,
Lessee agrees to comply in all respects with all applicable laws, regulations and rulings of any
legislative, executive, administrative, or judicial body; provided that Lessee may contest in good
faith the validity or application of any such law, regulation or ruling in any reasonable manner
that does not, in the opinion of Lessor, adversely affect the interest (including the reversionary
interest) of Lessor in and to the Equipment or its interest or rights under the Lease.
Lessee agrees that it will maintain, preserve, and keep the Equipment in good repair and
working order, in accordance with manufacturer's recommendations. Lessor shall have no
responsibility to maintain, repair or make improvements or additions to the Equipment. If
commercially available, Lessee will maintain in force a standard maintenance contract with the
manufacturer of the Equipment, and upon request will provide Lessor with a copy of that
contract. Upon the prior written consent of Lessor, which consent shall not be unreasonably
withheld, Lessee may use another third party maintenance provider provided the maintenance
contract between Lessee and such third party requires the third party to maintain the Equipment
at the manufacturer's then current release, revision and engineering change levels, including
hardware, software enhancements and microcode levels. In all cases, Lessee agrees to pay any
costs necessary for the manufacturer to re-certify the Equipment as eligible for manufacturer's
maintenance upon the return of the Equipment to Lessor as provided for herein.
Lessee shall not alter any item of Equipment or install any accessory, equipment or
device on an item of Equipment if that would impair any applicable warranty, the originally
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intended function or the value of that Equipment. All repairs, parts, accessories, equipment and
devices furnished, affixed to or installed on any Equipment, excluding temporary replacements,
shall thereupon become subject to the security interest of Lessor.
ARTICLE VI
Section 6.01. Title to the Equipment. During each Lease Term, and so long as Lessee is
not in default under Article XU hereof, all right, title and interest in and to each item of the
Equipment shall be vested in Lessee immediately upon its acceptance of each item of
Equipment, subject to the terms and conditions of the applicable Lease. Lessee shall at all times
protect and defend, at its own cost and expense, its title in and to the Equipment from and against
all claims, liens and legal processes of its creditors, and keep all Equipment free and clear of all
such claims, liens and processes. Upon the occurrence of an Event of Default or upon
termination of a Lease pursuant to Section 3.03 hereof, full and unencumbered legal title to the
Equipment shall pass to Lessor, and Lessee shall have no further interest therein except as
provided in Section l2.02(c). In addition, upon the occurrence of such an Event of Default or
such termination, Lessee shall execute and deliver to Lessor such documents as Lessor may
request to evidence the passage of such legal title to Lessor and the termination of Lessee's
interest therein, and upon request by Lessor shall deliver possession of the Equipment to Lessor
in accordance with Section 12.02. Upon purchase of the Equipment under a Lease by Lessee
pursuant to Section 10.01, Lessor's interest in the Equipment shall terminate, and Lessor shall
execute and deliver to Lessee such documents as Lessee may request to evidence the termination
of Lessor's interest in Equipment subject to the related Lease.
Section 6.02. Personal Property. The Equipment is and will remain personal property
and will not be deemed to be affixed to or a part of the real estate on which it may be situated,
notwithstanding that the Equipment or any part thereof may be or hereafter become in any
manner physically affixed or attached to real estate or any building thereon. Upon the request of
Lessor, Lessee will, at Lessee's expense, furnish a waiver of any interest in the Equipment from
any party having an interest in any such real estate or building.
ARTICLE VII
Section 7.01. Liens, Taxes, Other Governmental Charges and Utility Charges. Lessee
shall keep the Equipment free of all levies, liens, and encumbrances except those created by each
Lease. The parties to this Agreement contemplate that the Equipment will be used for a
governmental, municipal or public purpose or function of Lessee and that the Equipment will
therefore be exempt from all property taxes. If the use, possession or acquisition of any
Equipment is nevertheless determined to be subject to taxation, Lessee shall pay when due all
taxes and governmental charges lawfully assessed or levied against or with respect to such
Equipment. Lessee shall pay all utility and other charges incurred in the use and maintenance of
the Equipment. Lessee shall pay such taxes or charges as the same may become due; provided
that, with respect to any such taxes or charges that may lawfully be paid in installments over a
period of years, Lessee shall be obligated to pay only such installments as accrue during each
Lease Term. In the event that the installation of any component of any item of Equipment could
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be deemed to require a performance and payment bond under Section 255.05, Florida Statutes, or
be deemed subject to the mechanic's lien provisions of Chapter 713, Florida Statutes, or any
successor statute to each, as they may be amended from time to time, Lessee shall require such
bonds, post such notices and do all other things provided for under such laws in order to keep the
Equipment free of and exempt from all liens.
Section 7.02. Insurance. Lessee shall during each Lease Term maintain or cause to be
maintained (a) casualty damage insurance naming Lessor and its assigns as additional insured
and lo'ss payee and insuring the Equipment against loss or damage by fire and all other risks
covered by the standard extended coverage endorsement then in use in the State, and any other
risks reasonably required by Lessor, in an amount at least equal to the then applicable Purchase
Price of the Equipment; (b) liability insurance of no less than one million per occurrence that
protects Lessor from liability in all events from Lessor's lease use of the equipment in form and
amount satisfactory to Lessor; and (c) worker's compensation coverage as required by the laws
of the State; provided that, with Lessor's prior written consent, Lessee may self-insure against
the risks described in clause (a through c). Lessee shall furnish to Lessor evidence of such
insurance or self-insurance coverage throughout each Lease Term. Lessee shall not cancel or
modify such insurance or self-insurance coverage in any way that would affect the interests of
Lessor without first giving written notice thereof to Lessor at least 30 days in advance of such
cancellation or modification. All insurance policies required by this Section 7.02 shall be taken
out and maintained with responsible insurance companies qualified to do business in the State
and shall contain a provision that the insurer shall not cancel or revise coverage thereunder
without giving written notice to the insured parties at least 30 days before the cancellation or
revision becomes effective.
Section 7.03. Advances. In the event Lessee shall fail to keep the Equipment in good
repair and working order, Lessor may, but shall be under no obligation to, maintain and repair
the Equipment and pay the cost thereof. All amounts so advanced by Lessor shall constitute
additional rent for the then current Original Term or Renewal Term and Lessee covenants and
agrees to pay such amounts so advanced by Lessor with interest thereon from the due date until
paid at the rate of 16% per annum or the maximum amount permitted by law, whichever is less.
ARTICLE VIII
Section 8.01. Damage, Destruction and Condemnation. Unless Lessee shall have
exercised its option to purchase the Equipment by making payment of the Purchase Price as
provided in the related Lease, if, prior to the termination of the applicable Lease Term, (a) the
Equipment or any portion thereof is destroyed, in whole or in part, or is damaged by fire or other
casualty or (b) title to, or the temporary use of, the Equipment or any part thereof shall be taken
under the exercise or threat of the power of eminent domain by any governmental body or by any
person, fIrm or corporation acting pursuant to governmental authority, Lessee and Lessor will
cause the Net Proceeds of any insurance claim or condemnation award or sale under threat of
condemnation to be applied to the prompt replacement, repair, restoration, modification or
improvement of the Equipment. Any balance of the Net Proceeds remaining after such work has
been completed shall be paid to Lessee.
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If Lessee elects to replace any item of the Equipment (the "Replaced Equipment")
pursuant to this Section, the replacement equipment (the "Replacement Equipment") shall be of
similar type, utility and condition to the Replaced Equipment and shall be of equal or greater
value than the Replaced Equipment. Lessee shall represent, warrant and covenant to Lessor that
each item of Replacement Equipment is free and clear of all claims, liens, security interests and
encumbrances, excepting only those liens created by or through Lessor, and shall provide to
Lessor any and all documents as Lessor may reasonably request in connection with the
replacement, including, but not limited to, documentation in form and substance satisfactory to
Lessor evidencing Lessor's security interest in the Replacement Equipment. Lessor and Lessee
hereby acknowledge and agree that any Replacement Equipment acquired pursuant to this
paragraph shall constitute "Equipment" for purposes of this Master Equipment Lease and the
related Lease. Lessee shall complete the documentation of Replacement Equipment on or before
the next Rent Payment date after the occurrence of a casualty event, or be required to exercise
the Purchase Option with respect to the damaged equipment.
For purposes of this Article, the term ''Net Proceeds" shall mean the amount remaining
from the gross proceeds of any insurance claim or condemnation award or sale under threat of
condemnation after deducting all expenses, including attorneys' fees, incurred in the collection
thereof.
Section 8.02. Insufficiency of Net Proceeds. If the Net Proceeds are insufficient to pay in
full the cost of any repair, restoration, modification or improvement referred to in Section 8.01,
Lessee shall either (a) complete such replacement, repair, restoration, modification or
improvement and pay any costs thereof in excess of the amount of the Net Proceeds, or (b) pay
or cause to be paid to Lessor the amount of the then applicable Purchase Price for the Equipment,
and, upon such payment, the applicable Lease Term shall terminate and Lessor's security interest
in the Equipment shall terminate as provided in Article VI hereof. The amount of the Net
Proceeds, if any, remaining after completing such repair, restoration, modification or
improvement or after purchasing such Equipment and such other Equipment shall be retained by
Lessee. If Lessee shall make any payments pursuant to this Section, Lessee shall not be entitled
to any reimbursement therefor from Lessor nor shall Lessee be entitled to any diminution of the
amounts payable under Article IV.
ARTICLE IX
Section 9.01. Disclaimer of Warranties. Lessor makes no warranty or representation,
either express or implied, as to the value, design, condition, merchantability or fitness for
particular purpose or fitness for use of the Equipment, or any other warranty or representation,
express or implied, with respect thereto and, as to Lessor, Lessee's acquisition of the Equipment
shall be on an "as is" Basis. In no event shall Lessor be liable for any incidental, indirect, special
or consequential damage in connection with or arising out of this Agreement, any Lease, the
Equipment or the existence, furnishing, functioning or Lessee's use of any item, product or
service provided for in this Agreement or any Lease.
Section 9.02. Vendor's Warranties. Lessor hereby irrevocably appoints Lessee its agent
and attorney-in-fact during each Lease Term, so long as Lessee shall not be in default under the
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related Lease, to assert from time to time whatever claims and rights (including without
limitation warranties) relating to the Equipment that Lessor may have against Vendor. Lessee's
sole remedy for the breach of such warranty, indemnification or representation shall be against
Vendor. of the Equipment, and not against Lessor. Any such matter shall not have any effect
whatsoever on the rights and obligations of Lessor with respect to any Lease, including the right
to receive full and timely payments under a Lease. Lessee expressly acknowledges that Lessor
makes, and has made, no representations or warranties whatsoever as to the existence or the
availability of such warranties by Lessor of the Equipment.
ARTICLE X
Section 10.01. Purchase Option. Lessee shall have the option to purchase all of the
Equipment listed in a Lease, upon giving written notice to Lessor at least 30, but not more than
120, days before the date of purchase, at the following times and upon the following terms:
(a) From and after the date specified in the related Schedule (the "Purchase Option
Commencement Date"), on the Rental Payment dates specified in each Lease, upon payment in
full of the Rental Payments then due under such Lease plus the then applicable Purchase Price,
and any prepayment premium on the unpaid balance as set forth in the applicable Schedule; or
(b) In the event of substantial damage to or destruction or condemnation of
substantially all of the Equipment listed in a Lease, on the day specified in Lessee's notice to
Lessor of its exercise of the Purchase Option upon payment in full to Lessor of the Rental
Payments then due under such Lease plus the then applicable Purchase Price; or
(c) Upon the expiration of the Lease Term, upon payment in full of all Rental
Payments then due and all other amounts then owing under the Lease, and the payment of $1.00
to Lessor.
ARTICLE XI
Section 11.01. Assignment by Lessor. Lessor's right, title and interest in and to Rental
Payments and any other amounts payable by Lessee under any and all of the Leases, and all
proceeds therefrom may be assigned and reassigned in whole or in part to one or more assignees
or subassignees by Lessor, without the necessity of obtaining the consent of Lessee; provided,
however, that any such assignment, transfer or conveyance to a trustee for the benefit of owners
of certificates of participation shall be made in a manner that conforms to any applicable State
law. Nothing in this Section 11.01 shall be construed, however, to prevent Lessor from
executing any such assignment, transfer or conveyance that does not involve funding through the
use of certificates of participation within the meaning of applicable State law, including any such
assignment, transfer or conveyance as part of a multiple asset pool to a partnership or trust,
interests in which are offered and sold in a private placement or limited offering only to investors
whom Lessor reasonably believes are qualified institutional buyers or accredited investors within
the meaning of the applicable federal securities law; provided further, however, that in any event,
Lessee shall not be required to make Rental Payments, to send notices or to otherwise deal with
respect to matters arising under a Lease with or to more than one individual or entity. No
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assignment, transfer or conveyance permitted by this Section 11.01 shall be effective until
Lessee shall have received a written notice of assignment that discloses the name and address of
each such assignee; provided, however, that if such assignment is made to a bank or trust
company as trustee or paying agent for owners of certificates of participation, trust certificates or
partnership interests with respect to the Rental Payments payable under a Lease, it shall
thereafter be sufficient that Lessee receives notice of the name and address of the bank or trust.
company as trustee or paying agent. During the term of each Lease, Lessee shall keep, or cause
to be kept, a complete and accurate record of all such assignments in form necessary to comply
with Section 149 of the Code. Lessee shall retain all such notices as a register of all assignees
and shall make all payments to the assignee or assignees designated in such register. Lessee
shall not have the right to and shall not assert against any assignee any claim, counterclaim or
other right Lessee may have against Lessor or the Vendor. Assignments in part may include
without limitation assignment of all of Lessor's rights in, to and under the Lease related to the
Equipment listed in a particular Lease. The option granted in this Section may be separately
exercised from time to time with respect to the Equipment listed in each Lease, but such option
does not permit the assignment of less than all of Lessor's interests in the Equipment listed in a
single Lease.
Section 11.02. Assignment and Subleasing by Lessee. None of Lessee's right, title, and
interest in, to and under any Lease or any portion of the Equipment may be assigned or
encumbered by Lessee without prior written consent of Lessor.
ARTICLE XII
Section 12.01. Events of Default Defined. Any of the following events shall constitute an
"Event of Default" under a Lease, subject to Section 3.03:
(a) Failure by Lessee to pay any Rental Payment or other payment required to be paid
under any Lease at the time specified herein;
(b) Failure by Lessee to observe and perform any covenant, condition or agreement
on its part to be observed or performed, other than as referred to in subparagraph (a) above, for a
period of 30 days after written notice specifying such failure and requesting that it be remedied is
given to Lessee by Lessor, unless Lessor shall agree in writing to an extension of such time prior
to its expiration; provided that, if the failure stated in the notice cannot be corrected within the
applicable period, Lessor will not unreasonably withhold its consent to an extension of such time
if corrective action is instituted by Lessee within the applicable period and diligently pursued
until the default is corrected;
(c) Any statement, representation or warranty made by Lessee in or pursuant to any
Lease or its execution, delivery or performance shall prove to have been false, incorrect,
misleading, or breached in any material respect on the date when made;
(d) Any default occurs under any other agreement for borrowing money or receiving
credit under which Lessee may be obligated as borrower, if such default consists of (i) the failure
to pay any indebtedness when due or (ii) the failure to perform any other obligation thereunder
and gives the holder of the indebtedness the right to accelerate the indebtedness;
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(e) Lessee shall (i) apply for or consent to the appointment of a receiver, trustee,
custodian or liquidator of Lessee, or of all or a substantial part of the assets of Lessee, (ii) be
unable, fail or admit in writing its inability generally to pay its debts as they become due,
(iii) make a general assignment for the benefit of creditors, (iv) have an order for relief entered
against it under applicable federal bankruptcy law, or (v) file a voluntary petition in bankruptcy
or a petition or an answer seeking reorganization or an arrangement with creditors or taking
advantage of any insolvency law or any answer admitting the material allegations of a petition
filed against Lessee in any bankruptcy, reorganization or insolvency proceeding;
(f) An order, judgment or decree shall be entered by any court of competent
jurisdiction, approving a petition or appointing a receiver, trustee, custodian or liquidator or
Lessee or of all or a substantial part of the assets of Lessee, in each case without its application,
approval or consent, and such order, judgment or decree shall continue unstayed and in effect for
any period of 30 consecutive days; or
(g) Lessee shall consolidate, merge or otherwise combine with any other entity, or
sell, lease or dispose of all or a substantial portion of its assets.
Section 12.02. Remedies on Default. Whenever any Event of Default exists, Lessor shall
have the right, at its sole option without any further demand or notice, to take one or any
combination of the following remedial steps:
(a) Lessor may by notice in writing to Lessee terminate the Lease, whereupon all
rights of Lessee to use the Equipment shall cease and terminate;
(b) By written notice to Lessee, Lessor may demand that Lessee pay, as liquidated
damages for loss of a bargain and not as a penalty, all unpaid Rental Payments payable by Lessee
pursuant to such Lease and other amounts payable by Lessee under such Lease to the end of the
then current Original Term or Renewal Term;
(c) With or without terminating the Lease Term under such Lease, Lessor may
request that Lessee at Lessee's expense promptly return any or all of such Equipment to the
possession of Lessor at such place within the United States as Lessor shall specify. In such
event, Lessor shall use its best efforts to sell or lease such Equipment or, for the account of
Lessee, sublease such Equipment. If Lessee returns the Equipment and Lessor sells, leases or
otherwise disposes of any or all of the Equipment, Lessor shall apply the proceeds of such sale,
lease or other disposition in the following order of priority: FIRST, to pay all of Lessor's costs,
charges and expenses incurred in taking, holding, repairing, selling, leasing or otherwise
disposing of Equipment, then SECOND, to the extent not previously paid by Lessee, to pay
Lessor all Rental Payments under the applicable Lease through the termination date, then
THIRD, to pay the Purchase Price applicable as of the end of the then current Original Term or
Renewal Term, as set forth in the Schedule for such Equipment, then FOURTH to pay any
remainder to Lessee. Lessee shall not be liable for any deficiency after sale, lease or other
disposition of the Equipment. If Lessee elects not to return the Equipment, Lessor is entitled to
payment of unpaid Rental Payments through the date of Lessor's request to return the Equipment
plus the then applicable Purchase Price, as set forth in the applicable Schedule for such
#347725v4 (Florida Lease Template)
17
Equipment. The exercise of any such remedies respecting any such Event of Default shall not
relieve Lessee of any other liabilities under any other Lease or the Equipment listed therein; and
(d) Lessor may take whatever action at law or in equity may appear necessary or
desirable to enforce its rights under such Lease.
Section 12.03. No Remedy Exclusive. No remedy herein conferred upon or reserved to
Lessor is intended to be exclusive and every such remedy shall be cumulative and shall be in
addition to every other remedy given under a Lease now or hereafter existing at law or in equity.
No delay or omission to exercise any right or power accruing upon any default shall impair any
such right or power or shall be construed to be a waiver thereof, but any such right or power may
be exercised from time to time and as often as may be deemed expedient. In order to entitle
Lessor to exercise any remedy reserved to it in this Article it shall not be necessary to give any
notice other than such notice as may be required in this Article.
Section 12.04. Application of Moneys. Any net proceeds from the exercise of any
remedy under this Agreement, including the application specified in Section 12.02(b) (after
deducting all expenses of Lessor in exercising such remedies including without limitation all
expenses of taking possession, storing, reconditioning and selling or leasing Equipment and all
brokerage, auctioneer's or attorney's fees), shall be applied as follows:
(a) If such remedy is exercised solely with respect to a single Lease, Equipment listed
in such Lease or rights thereunder, then to amounts due pursuant to such Lease and other
amounts related to such Lease or such Equipment.
(b) If such remedy is exercised with respect to more than one Lease, Equipment listed
in more than one Lease or rights under more than one Lease, then to amounts due pursuant to
such Leases pro rata.
ARTICLE XIII
Section 13.01. No Fees Paid by Lessor. Lessor hereby certifies that it has not paid or has
not promised to pay, directly or indirectly, a fee to any person not regularly employed by Lessor
to act as an intermediary between Lessee and Lessor for the purpose of influencing any
transaction in connection with this Agreement or any Lease. .
Section 13.02. Notices. All notices, certificates or other communications under any
Lease shall be sufficiently given and shall be deemed given when delivered or mailed by
registered mail, postage prepaid, or delivered by overnight courier, or sent by facsimile
transmission (with electronic confirmation) to the parties hereto at the addresses immediately
after the signatures to this Agreement (or at such other address as either party hereto shall
designate in writing to the other for notices to such party) and to any assignee at its address as it
appears on the registration books maintained by Lessee.
Section 13.03. Release and Indemnification. To the extent permitted by law, but only
from legally available funds, Lessee shall indemnify, protect, hold harmless, save and keep
harmless Lessor from and against any and all liability, obligation, loss, claim, tax and damage
#347725v4 (Florida Lease Template)
18
whatsoever, regardless of cause thereof, and all expenses in connection therewith (including,
without limitation, counsel fees and expenses, penalties connected therewith imposed on interest
received) arising out of or as a result of (a) the entering into of this Agreement or any Lease,
(b) the ownership of any item of the Equipment, (c) the ordering, acquisition, use, operation,
condition, purchase, delivery, rejection, storage or return of any item of the Equipment, (d) any
accident in connection with the operation, use, condition, possession, storage or return of any
item of the Equipment resulting in damage to property or injury to or death to any person, and/or
(e) the breach of any covenant in a Lease or any material misrepresentation contained in a Lease.
The indemnification arising under this paragraph shall continue in full force and effect
notwithstanding the full payment of all obligations under all Leases or the termination of the
Lease Term under all Leases for any reason. The Lessee's liability hereunder, as a governmental
entity, is limited to the amounts set forth in Florida Statutes section 768.28 to the extent such
section governs Lessee's liability.
Section 13.04. Binding Effect. Each Lease shall inure to the benefit of and shall be
binding upon Lessor and Lessee and their respective successors and assigns.
Section 13.05. Severability. In the event any provision of any Lease shall be held invalid
or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provision hereof. Any provisions in this Lease which are in
conflict with any statute, law or applicable rule shall be deemed omitted, modified or altered to
conform thereto.
Section 13.06. Amendments, Changes and Modifications. Each Lease may only be
amended by Lessor and Lessee in writing.
Section 13.07. Execution in Counterparts. Each Lease may be simultaneously executed
in several counterparts, each of which shall be an original and all of which shall constitute but
one and the same instrument.
Section 13.08. Applicable Law. Each Lease shall be governed by and construed in
accordance with the laws of the State.
Section 13.09. Captions. The captions or headings in this Agreement and in each Lease
are for convenience only and in no way define, limit or describe the scope or intent of any
provisions or sections of this Agreement or any Lease.
#347725v4 (Florida Lease Template)
19
IN WITNESS WHEREOF, Lessor and Lessee have caused this Agreement to be executed in
their names by their duly authorized representatives as of the date first above written.
LESSOR:
Banc of America Leasing & Capital, LLC
2059 Northlake Pkwy., 4th Floor
Tucker, GA 30084
LESSEE:
City of Delray Beach, FL
100 N.W. 1st Avenue
Delray Beach, FL 33444
By
By
Title
Title
(Seal)
Attest:
By
Title
#347725v4 (Florida Lease Template)
20
SCHEDULE OF PROPERTY No. 001
Re: Master Equipment LeaselPurchase Agreement, dated as of December 29,
2005, between Banc of America Leasing & Capital, LLC, as Lessor, and
City of Delray Beach, FL, as Lessee
1. Defined Terms. All terms used herein have the meanings ascribed to them in the
above-referenced Master Equipment Lease/Purchase Agreement (the "Master Equipment
Lease").
2. Equipment. The following items of Equipment are hereby included under this
Schedule of the Master Equipment Lease.
Quantity
Description
Serial No.
Model No.
Location
See Exhibit A attached hereto and made a part hereof.
3. Payment Schedule.
(a) Rental Payments. The Rental Payments shall be in such amounts and
payable on such dates as set forth in the Rental Payment Schedule attached to this Schedule as
Exhibit A-I. Rental Payments shall commence on the date on which the Equipment listed in this
Schedule is accepted by Lessee, as indicated in an Acceptance Certificate substantially in the
form of Exhibit B to the Master Equipment Lease or the date on which sufficient moneys to
purchase the Equipment are deposited for that purpose with an Acquisition Fund Custodian,
whichever is earlier.
(b) Purchase Price Schedule. The Purchase Price on each Rental Payment
date for the Equipment listed in this Schedule shall be the amount set forth for such Rental
Payment date in the "Purchase Price" column of the Rental Payment Schedule attached to this
Schedule. The Purchase Price is in addition to all Rental Payments then due under this Schedule
(including the Rental Payment shown on the same line in the Rental Payment Schedule).
4. Representa~ions, Warranties and Covenants. Lessee hereby represents, warrants
and covenants that its representations, warranties and covenants set forth in the Master
Equipment Lease are true and correct as though made on the date of commencement of Rental
Payments on this Schedule. Lessee further represents and warrants that no material adverse
change in Lessee's financial condition has occurred since the date of the Master Equipment
Lease.
5. The Lease. The terms and provisions of the Master Equipment Lease (other than
to the extent that they relate solely to other Schedules or Equipment listed on other Schedules)
are hereby incorporated into this Schedule by reference and made a part hereof.
#347725v4 (Florida Lease Template)
A-I
6. Acquisition Amount. The Acquisition Amount for the Equipment described in
this Schedule to be paid to the Vendor is $317,112.74.
Dated:
LESSOR:
Banc of America Leasing & Capital, LLC
2059 Northlake Pkwy., 4th Floor
Tucker, GA 30084
LESSEE:
City of Delray Beach, FL
100N.W. 1st Avenue
Delray Beach, FL 33444
By
Title
Approved as to legal sufficiency and form on
Behalf of the City
#347725v4 (Florida Lease Template)
A-2
215
2
2
1
2
8
32
64
Exhibit A
to Schedule of Property No. 001 to
Master Equipment Lease/Purchase Agreement, dated as December 29,2005,
between Banc of America Leasing & Capital, LLC, as Lessor, and City of Delray Beach, FL, as Lessee
!&
Description
Cost
LOCA nON: DELRA Y BEACH POLICE DEPARTMENT, 300 W. ATLANTIC AVE., DELRA Y BEACH, FL 33444
I
I
I
1
1
2
CATALYST 2950,2410/100 w/ 2GBIC SLOTS, ENHANCED IM:AGE
CISCO POWER CORD AC, 110v
CANOGA PERKINS EDGEACCESS I 030E ENCLOSURE FOR ONE 2u MODULE
1000 BASE TX TO 1000 BASE SX (850NM MULTIM:ODE)
SC-SC FillER JUMPERS (DUPLExlMULTI-MODE,PVC) 3 METER
PATCH CORD CAT5E GRAY, 7 FOOT STRAIGHT THRU
PROJECT MGT/INST ALUST AGING/CONFIGURATION/ETC.
FREIGHT
LABOR
DISCOUNT
$2,495.00
$0.00
$367.00
$2,144.59
$39.68
$6.82
$0.00
$27.16
$603.64
($2.081.60)
$3,602.29
$2,495.00
$0.00
$367.00
$2,144.59
$39.68
$6.82
$0.00
$27.16
$603.64
($2.081.60)
$3,602.29
I
I
1
1
1
2
CATALYST 2950,2410/100 w/ 2GBIC SLOTS, ENHANCED IM:AGE
CISCO POWER CORD AC, 110v
CANOGA PERKINS EDGEACCESS I 030E ENCLOSURE FOR ONE 2u MODULE
1000 BASE TX TO 1000 BASE SX (850NM MULTIM:ODE)
SC-SC FillER JUMPERS (DUPLExlMULTI-MODE,PVC) 3 METER
PATCH CORD CA T5E GRAY, 7 FOOT STRAIGHT THRU
PROJECT MGT/INST ALUST AGING/CONFIGURATION/ETC.
FREIGHT
LABOR
DISCOUNT
1
DA T ACARE 8x5x4 ONSITE SBD PARTS
$326.00
32
10
1
2
I
I
I
1
16
8
1
8 ADVANCED CALL CENTER SERVICES TO PREMIUM NETWORK SERVICES
ACD AGENT ISM UPGRADE ADVANCED CALL CNTR TO PREM NTWRK SERVICE
SDUOCHPACKAGE
8 ITG ISDN TRUNK ISM
IP- TRUNK 32 PORT PACKAGE (SUCCESSION 3.0 SYSTEMS)
OTM Lx ENHANCED, 250 SETS EXPANSION
OTM BILLING ENHANCED, 250 RU
OTM, ADDITIONAL CLIENT FOR ONE (I) PC
INSTALL COMMON EQUIPMENT Y2 HOUR PREMIUM (OT)
INSTALL MISC EQUIPMENT - Yz HOUR
PREMISE VISIT
FREIGHT
LABOR
DISCOUNT
$17,216.00
$590.00
$3,100.00
$2,256.00
$5,970.00
$1,500.00
$1,947.00
$500.00
$0.00
$0.00
$0.00
$35.02
$2,694.41
($13.965.98)
$21,842.45
REUSED WIRING CHARGES
KENTROX csu Tl D4/ESF/B8zs SA PACKAGE
T-l/DSLCPE PROTECTOR
ON2000RM/FM EXTRUNTIME 1900VA UPS W/SOFTWARE
BATT. PACKONXBc-417
PROTECTOR co/2500 ANALOG 6AP
INSTALL MISC EQUIPMENT - Yz HOUR
INSTALL COMMON EQUIPMENT Yz HOUR PREMIUM (OT)
$0.00
$3,199.54
$127.38
$3,548.33
$1,793.66
$176,80
$0,00
$0.00
I
I
I
I
6
I
I
I
I
2
I
36
144
I
I
I
I
30
I
2
I
I
2
I
4
12
I
3
2
2
I
I
26
8
I
I
I
I
I
I
I
I
I
10
COMPETITIVE ADVANTAGE DISCOUNT
CALLPILOT 20 I I BASE SYSTEM PACKAGE - RELEASE 3
CALLPILOT 2.0 FOR MI INTEGRATION SW
CALLPlLOT NEW SYSTEM ORDER CODE
CALLPlLOT 20 I I BASE HW PACKAGE FOR OPT II C
CALLPILOT 2 VOICE CHANNELS
CALLPILOT 2011 EXTERNAL SCSI TAPE DRIVE KIT
CALLPILOT CD ROM DRIVE
CALLPILOT EXTERNAL MODEM KIT
PWRCORDNEMA l-15p TO IEC320C7 6.0FTBLACK
CALLPILOT MULTIMEDIA MAILBOXES wi VOICE-200 USERS
CALLPlLOT MULTIMEDIA MAILBOXES wi VOICE-50 USERS
MERIDIAN M3904 PROFESSIONAL, RELEASE 3, CHARCOAL
MERIDIAN M3903 ENHANCED RELEASE 3, CHARCOAL
CONSOLE/CARD-SPECIAL PKG
MERIDIAN INTEGRATED RAN (REL 3) MEDIUM OPTION
AUDIO CABLE
PC MAINT. CABLE
RAN CON ISM
IP-TRUNK 32 PORT PACKAGE (SUCCESSION 3.0 SYSTEMS)
8 ITG ISDN TRUNK ISM
OPTION II C CABINET SYSTEM SOFTWARE
57-BARS-BASIC ALTERNATIVE ROUTE SELECTION
OPTION llc TMDI PACKAGE 1.5MB
UNIVERSAL TRUNK. CARD
ANALOG LINE CARD wi MSG WAITING
DIGITAL LINE CARD (DLe)
OPTION II C MAIN CABINET AC
ACPOWERCORD-NANEMA5-15p 125v 13A 10FT
OPTION Ilc EXPANSION CABINET AC
OPTION llc -30 FOOT EXPANSION KIT
30FT DUAL PORT FIBER DAUGHTERBOARD
SDl/ocH PACKAGE
8 (DIGITAL) ADV NETWORK SERVICEGITAL USER ISM
8 (ANALOG) ADV NETWORK SERV ANALOG USER ISM
CLOCK CONTROLLER CARD
CABINET SYSTEM AMP-300
COMPETITIVE ADVANTAGE MPR051 00
NORTEL PBX REMOTE MONITORING PACKAGE
BST PRI TRACKING CODE
CLASS MODEM CARD (XCMC)
8 ADVANCED NETWORK SERVICES CLASS USER ISM
PREMISE VISIT
FREIGHT CHARGES
LABOR
DISCOUNT
12003, M3903/415 WALLMNT KIT, CHARCOAL
FREIGHT
30
LQ9A nON: LAKEVIEW GOLF CLUB, 1200 DOVER ROAD, DELRA Y BEACH, FL 33445
30
NEW 2006 CLUB CAR DS GASOLINE GOLF CARTS wi CANOPY, CANOPY KIT STRUTS
sIN's: AG0611605939, AG0611605940, AG0611605941, AG0611605942, AG061l605943,
AG0611605944,AG0611605945,AG0611605946,AG0611605947,AG0611605948,
AG0611605949,AG061 1605950, AG0611605951, AG061 1605952, AG06 11605953,
AG06l 1605954, AG061 1605955, AG061 1605956, AG0611605957, AG06 11605958,
AG0611605959,AG0611605960,AG0611605961,AG0611605962,AG0611605963,
AG0611605964, AG061 1605965, AG061 1605966, AG061 1605967, AG0611 605968
NUMBER DECAL 2 EA BLKlGOLD INS
($40,326.64)
$9,000.00
$0.00
$0.00
$0.00
$21,000.00
$2,352.00
$700.00
$300.00
$20.00
$12,000.00
$2,000.00
$19,800.00
$48,240.00
$5,000.00
$5,400.00
$45.00
$80.00
$8,580.00
$5,970.00
$2,256.00
$1,746.00
$0.00
$6,100.00
$2,710.00
$10,600.00
$31,800.00
$1,859.00
$75.00
$2,574.00
$714.00
$1,600.00
$3,100.00
$15,808.00
$4,864.00
$1,000.00
($13,754.00)
($2.12)
$4,050.00
$0.00
$4,000.00
$752.00
$0.00
$1,987.09
$30,753.99
($53.529.82)
$170,069.21
$100.00
$30.50
$130.50
$104,304.00
$288.00
30
30
30
30
30
30
BUCKET KIT - DRIVER SIDE
BUCKET KIT - P ASS SIDE
RAKE HOWER INST
COMMODITY SURCHARGE DS GAS
CLUB CAR TRUCK-FREIGHT CHARGES
FUEL SURCHARGE NEW CAR
CREDIT
INFO HOLDER HARD STYLE, SET 10
6
30
NEW 2006 CLUB CAR DS GASOLINE GOLF CARTS wi CANOPY, CANOPY KIT STRUTS
SiN'S; AG0611605969, AG061 1605970, AG06l1605971, AG061 1605972, AG0611605973,
AG0611605974,AG0611605975,AG0611605976,AG0611605977,AG06l1605978,
AG0611605979,AG0611605980,AG0611605981,AG0611605982,AG0611605983,
AG06l 1605984, AG061 1605985, AG0611605986, AG0611605987, AGO 6 I 16 05988,
AG061 1605989, AG0611605990, AG0611605991, AG0611605992,AG061 1605993,
AG0611605994,AG0611605995,AG0611605996,AG0611605997,AG0611605998
NUMBER DECAL 2 EA BLKlGOLD INS
BUCKET KIT - DRIVER SIDE
BUCKET KIT - PASS SIDE
RAKE HOLDER INST
COMMODITY SURCHARGE DS GAS
CLUB CAR TRUCK-FREIGHT CHARGES
FUEL SURCHARGE NEW CAR
CREDIT
CREDIT
30
30
30
30
30
30
30
TOTAL:
$1,026.00
$1,026.00
$396.00
$1,530.00
$1,950.00
$624.00
($17,457.00)
$666.00
$94,353.00
$104,304.00
$288.00
$1,026.00
$1,026.00
$396.00
$1,530.00
$1,950.00
$624.00
($17,457.00)
($70.500.00)
$23,187.00
$317,112.74
EXHIBIT A-I
RENTAL PAYMENT SCHEDULE
Rental Rental Interest Principal Purchase
Payment Payment
Date Amount Portion Portion Price*
01/10/06 0.00 0.00 0.00 317,112.74
0211 0/06 7,105.07 954.30 6,150.77 310,961.97
0311 0106 7,105.07 935.79 6,169.28 304,792.70
0411 0106 7,105.07 917.23 6,187.84 298,604.86
05/10/06 7,105.07 898.60 6,206.46 292,398.39
06/10106 7,105.07 879.93 6,225.14 286,173.25
07/10/06 7,105.07 861.19 6,243.87 279,929.38
0811 0106 7,105.07 842.40 6,262.66 273,666.71
09/10106 7,105.07 823.56 6,281.51 267,385.20
10/10/06 7,105.07 804.65 6,300.41 261,084.79
11/10/06 7,105.07 785.69 6,319.37 254,765.42
12/10106 7,105.07 766.68 6,338.39 248,427.02
01/10/07 7,105.07 747.60 6,357.47 242,069.56
02/10/07 7,105.07 728.47 6,376.60 235,692.96
03/10107 7,105.07 709.28 6,395.79 229,297.17
0411 0107 7,105.07 690.03 6,415.03 222,882.14
0511 0/07 7,105.07 670.73 6,434.34 216,447.80
06/10/07 7,105.07 651.37 6,453.70 209,994.10
07/10107 7,105.07 631.94 6,473.12 203,520.98
08/10/07 7,105.07 612.46 6,492.60 197,028.37
0911 0107 7,105.07 592.93 6,512.14 190,516.23
10/10/07 7,105.07 573.33 6,531.74 183,984.49
11/10107 7,105.07 553.67 6,551.40 177,433.10
12/10/07 7,105.07 533.96 6,571.11 170,861.99
01/10108 7,105.07 514.18 6,590.89 164,271.10
02/10108 7,105.07 494.35 6,610.72 157,660.38
03/10/08 7,105.07 474.45 6,630.61 151,029.77
04/10/08 7,105.07 454.50 6,650.57 144,379.20
0511 0108 7,105.07 434.49 6,670.58 137,708.62
0611 0108 7,105.07 414.41 6,690.66 131,017.97
07/10108 7,105.07 394.28 6,710.79 124,307.18
08/10/08 7,105.07 374.08 6,730.98 117,576.19
09110/08 7,105.07 353.83 6,751.24 110,824.95
1011 0108 7,105.07 333.51 6,771.56 104,053.39
11/10/08 7,105.07 313.13 6,791.94 97,261.46
12110/08 7,105.07 292.69 6,812.37 90,449.08
01/10109 7,105.07 272.19 6,832.88 83,616.21
#347725v4 (Florida Lease Template)
A-l-I
02/10/09 7,105.07 251.63 6,853.44 76,762.77
03/10109 7,105.07 231.01 6,874.06 69,888.71
04/10109 7,105.07 210.32 6,894.75 62,993.96
05/10109 7,105.07 189.57 6,915.50 56,078.46
06/10/09 7,105.07 168.76 6,936.31 49,142:15
07/10109 7,105.07 147.89 6,957.18 42,184.97
08/10/09 7,105.07 126.95 6,978.12 35,206.85
09/10/09 7,105.07 105.95 6,999.12 28,207.73
1011 0/09 7,105.07 84.89 7,020.18 21,187.55
11/10109 7,105.07 63.76 7,041.31 14,146.25
12/10109 7,105.07 42.57 7,062.50 7,083.75
01/10/10 7,105.07 21.32 7,083.75 0.00
TOTAL 341,043.25 23,930.51 317,112.74
*The Purchase Option Commencement Date shall be January 10, 2006. The Purchase Price
payable (i) on any Rental Payment date is the amount equal to the aggregate principal portion of
the remaining Rental Payments after payment of the Rental Payment payable on such Rental
Payment date, and (ii) on any date other than a Rental Payment date is the amount equal to the
aggregate principal portion of the remaining Rental Payments plus an amount equal to the
interest portion of such Rental Payments accrued thereon to such date, without such prepayment
premium or penalty.
For purposes of this Lease, "Taxable Rate, " with respect to the interest component of
Rental Payments, means an annual rate of interest equal to 5.6335%.
Lessee:
City of Delray Beach, FL
By
Title
After payment of the applicable Purchase Price, Lessee will own the related Equipment, free and
clear of any obligations under the related Lease.
#347725v4 (Florida Lease Template)
A-I-2
ACCEPTANCE CERTIFICATE
Banc of America Leasing & Capital, LLC
2059 Northlake Pkwy., 4th Floor
Tucker, GA 30084
Re: Schedule of Property No. 001, dated , to Master
Equipment LeaselPurchase Agreement, dated as of December 29,2005,
between Banc of America Leasing & Capital, LLC, as Lessor, and City of
Delray Beach, FL, as Lessee
Ladies and Gentlemen:
In accordance with the Master Equipment Lease/Purchase Agreement (the "Agreement"),
the undersigned Lessee hereby certifies and represents to, and agrees with Lessor as follows:
1. All of the Equipment (as such term is deftned in the Agreement) listed in the
above-referenced Schedule of Property (the "Schedule") has been delivered, installed and
accepted on the date hereof.
2. Lessee has conducted such inspection and/or testing of the Equipment listed in the
Schedule as it deems necessary and appropriate and hereby acknowledges that it accepts the
Equipment for all purposes.
3. Lessee is currently maintaining the insurance coverage required by Section 7.02
of the Agreement.
4. No event or condition that constitutes, or with notice or lapse of time, or both,
would constitute, an Event of Default (as defined in the Agreement) exists at the date hereof.
Date:
LESSEE:
City of Delray Beach, FL
By
Title
(Seal)
#347725v4 (Florida Lease Template)
B-1
CLERKCERTIFICATE
The undersigned, a duly elected and acting Clerk/Secretary of City of Delray Beach, FL
("Lessee") certifies as follows:
A. The following listed persons are duly elected and acting officials of Lessee (the
"Officials") in the capacity set forth opposite their respective names below and that the facsimile
signatures are true and correct as of the date hereof;
B. The Officials are duly authorized, on behalf of Lessee, to negotiate, execute and
deliver the Master Equipment Lease/Purchase Agreement dated as of December 29,2005 and the
Schedule(s) thereunder and all future Schedule(s) (the "Agreements") by and between City of
Delray Beach and Banc of America Leasing & Capital, LLC and these Agreements are binding
and authorized Agreements of Lessee, enforceable in all respects in accordance with their terms.
Name of Official
Title
Signature
leffPerJman
Mayor
Dated
By
Title City Clerk
(The signer of this Certificate cannot be listed above as authorized to execute the Agreements.)
#347725v4 (Florida Lease Template)
C-l
I:IT' OF DELHA' IEAI:H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE. DELRAY BEACH, FLORIDA 33444
TELEPHONE: 561/243-7090' FACSIMILE: 561/278-4755
DELRAY BEACH
~
Ail-America City
, III I!
1993
2001
Banc of America Leasing & Capital, LLC
2059 Northlake Pkwy., 4th Floor
Tucker, GA 30084
Re: Schedule of Property No. 001, dated , to Master
Equipment LeaseIPurchase Agreement, dated as of December 29,2005,
between Banc of America Leasing & Capital, LLC, as Lessor, and City of
Delray Beach, FL, as Lessee
Ladies and Gentlemen:
As legal counsel to City of Delray Beach, FL ("Lessee"), I have examined (a) an
executed counterpart of a certain Master Equipment Lease/Purchase Agreement, dated as of
December 29,2005, and Exhibits thereto by and between Banc of America Leasing & Capital,
LLC ("Lessor") and Lessee (the "Agreement"), and an executed counterpart of Schedule of
Property No. 001, dated , by and between Lessor and Lessee (the
"Schedule"), which, among other things, provides for the lease of certain property listed in the
Schedule (the "Equipment"), (b) an executed counterpart of the ordinances or resolutions of
Lessee which, among other things, authorize Lessee to execute the Agreement and the Schedule
and (c) such other opinions, documents and matters of law as I have deemed necessary in
connection with the following opinions. The Schedule and the terms and provisions of the
Agreement incorporated therein by reference together with the Rental Payment Schedule
attached to the Schedule are herein referred to collectively as the "Lease".
Based on the foregoing, I am of the following opinions:
1. Lessee is a public body corporate and politic, duly organized/municipality duly
created and existing under the laws of the State, and is a political subdivision of a state within the
meaning of Section 103(c) of the Internal Revenue Code of 1986, as amended (the "Code"), and
the obligations of Lessee under the Agreement will constitute an obligation of Lessee within the
meaning of Section 103(a) of the Code, notwithstanding Section 103(b) of the Code;
2. Lessee has the requisite power and authority to lease and acquire the Equipment
and to execute and deliver the Lease and to perform its obligations under the Lease;
3. The Lease has been duly authorized, approved, executed and delivered by and on
behalf of Lessee and the Lease is a valid and binding obligation of Lessee enforceable in
accordance with its terms;
4. To the best of my knowledge, the authorization, approval, execution and delivery
of the Lease and all other proceedings of Lessee relating to the transactions contemplated thereby
have been performed in accordance with all open meeting laws, public bidding laws and all other
applicable state or federal laws;
.
5. There is no proceeding pending or threatened in any court or before any
governmental authority or arbitration board or tribunal that, if adversely determined, would
adversely affect the transactions contemplated by the Lease or the security interest of Lessor or
its assigns, as the case may be, in the Equipment thereunder; and
6. The portion of rentals designated as and constituting interest paid by Lessee and
received by Lessor is excluded from Lessor's gross income for federal income tax purposes
under Section 103 of the Code; and such interest is not a specific item for purposes of the federal
individual or corporate alternative minimum taxes.
All capitalized terms herein shall have the same meanings as in the Lease unless
otherwise provided herein. Lessor and its successors and assigns, and any counsel rendering an
opinion on the tax-exempt status of the interest components of the Rental Payments, are entitled
to rely on this opinion.
Yours truly,
ESSENTIAL USE/SOURCE OF FuNDS CERTIFICATE
Banc of America Leasing & Capital, LLC
2059 Northlake Pkwy., 4th Floor
Tucker, GA 30084
Re: Master Equipment LeaselPurchase Agreement dated December 29,2005,
Schedule of Property No. 001 dated
This certificate conftrms and affirms that the Equipment described in the Agreement
referenced above is essential to the governmental, municipal or public purposes or functions of
Lessee or to the services Lessee provides its citizens. Further, Lessee has an immediate need for,
and expects to make immediate use of, substantially all such Equipment, which need is not
temporary or expected to diminish in the foreseeable future. Such Equipment will be used by
Lessee only for the purpose of performing one or more of Lessee's governmental or proprietary
functions permitted under the Act (as defined in the Agreement referenced above).
Lessee expects and anticipates adequate funds to be available for all future payments or
rent due after the current budgetary period, subject to annual appropriation.
City of Delray Beach, FL
By
Name
Title
#347725v4 (Florida Lease Template)
E-l
Form 8038-G
1 Issuer's name
City of Delray Beach, FL
3 Number and street (or P.O. box if mail is not delivered to street address)
100 N.W. 1st Avenue .
Information Return for Tax-Exempt Governmental Obligations
~ Under Internal Revenue Code section 149(e)
~ See separate Instructions.
Caution: If the issue price is under $100,000, use Form 8038-GC.
If Amended Return, check here ~ 0
2 Issuer's employer identification number
59 i 6000308
Room/suite 4 Report number
OMS No. 1545-0720
(Rev. November 2000)
3
5 City, town, or post office, state, and ZIP code 6 Date of issue
Delray Beach, FL 33444 01/10/06
7 Name of issue 8 CUSIP number
Master Equipment Lease/Purchase Agreement dtd 12/29/05 - Schedule of Property No.1 n/a
9 Name and title of officer or legal.representative whom the IRS may call for more information 10 Telephone number of officer or legal representative
Rebecca O'Connor, Treasurer ( 561 ) 243-7120
T e of Issue (check a licable box(es) and enter the issue rice) See instructions and attach schedule
11 0 Education 11
12 0 Health and hospital 12
13 D Transportation . 13
14 D Public safety. . . 14
15 0 Environment (including sewage bonds) . 15
16 0 Housing . 16
17 D Utilities . . . . . . . . . . . . . . . . 17
18 ~ Other. Describe ~ Telephone Equipment, Golf Carts 18 317,112.74
19 If obligations are TANs or RANs, check box ~ D If obligations are BANs, check box ~ D
20 If obli ations are in the form of a lease or installment sale, check box ~ III
Oescri tion of Obli ations. Com lete for the entire issue for which this form is bein
(c) Stated redemption
price at maturity
(d) Weighted
average maturity
(e) Yield
2.090
underwriters' discount)
ears
3.6112 %
31
32
33
34
Proceeds used for accrued interest . . . " .....
Issue price of entire issue (enter amount from line 21, column (b)). .
Proceeds used for bond issuance costs (including underwriters' discount)
Proceeds used for credit enhancement. . . . . . . . . .
Proceeds allocated to reasonably required reserve or replacement fund
Proceeds used to currently refund prior issues
Proceeds used to advance refund prior issues
Total (add lines 24 through 28). . . . .
Nonrefundin roceeds of the issue (subtract line 29 from line 23 and enter amount here .
Oescri tion of Refunded Bonds (Com lete this art onl for refundin bonds.)
Enter the remaining weighted average maturity of the bonds to be currently refunded . ~
Enter the remaining weighted average maturity of the bonds to be advance refunded . ~
Enter the last date on which the refunded bonds will be called. . . . . . . ~
Enter the date(s) the refunded bonds were issued ~
Miscellaneous
Enter the amount of the state volume cap allocated to the issue under section 141 (b)(S)
Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (see instructions)
Enter the final maturity date of the guaranteed investment contract ~
Pooled financings: a Proceeds of this issue that are to be used to make loans to other governmental units 37a 0
If this issue is a loan made from the proceeds of another tax-exempt issue, check box ~ D and enter the name of the
issuer ~ and the date of the issue ~
If the issuer has designated the issue under section 26S(b)(3)(B)(O(III) (small issuer exception), check box ~ 0
If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box . . . . ~ 0
If the issuer has identified a he<:! e, check box ......... ~ 0
Under penalties of perjury. I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge
and belief. they are true. correct, and complete.
24
25
26
27
28
o
317,112.74
o
317,112.74
n/a
nfa
n/a
nla
years
years
35
36a
b
37
b
o
o
38
39
40
Sign
Here
~ Signature of issuer's authorized representative
Date
~ Type or print name and title
Cat No. 637735 Form 8038-G (Rev. 11-2000)
For Paperwork Reduction Act Notice, see page 2 of the Instructions.
*
<6L
AGENDA ITEM NUMBER:
AGENDA REQUEST
Date: 12/29/05
Request to be placed on:
Consent Agenda
Special Agenda
Workshop Agenda
When:
1/3/06
Description of agenda item: Approve Resolution# 3-06 authorizing the execution and
delivery of a master lease agreement with Banc of America Leasing LLC; authorizing
a lease of telephone equipment and golf carts; authorizing the execution of such other documents
as may be necessary to complete the transactions contemplated.
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
x
X
YES
YES
NO
NO
Recommendation: Recommend the approval of Resolution# 3-06.
Department Head Signature:
-~~
~ . c--)
" "-
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review
(required on all items involving expenditure of funds):
Funding available: nfa
Yes
No
Funding alternatives (if applicable):
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for Agenda:
9
12cl
No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved:
Disapproved:
P.O. #
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER[1r1
AGENDA ITEM # g ~ - REGULAR MEETING OF JANUARY 3, 2006
SERVICE AUTHORIZATION NO. 3/CH2M HILL, INC.lBEXLEY PARK
TO:
FROM:
DATE:
DECEMBER 30, 2005
This is before the Commission to approve Service Authorization No. 3 to CH2M Hill, Inc. in the
amount of $62,502.00 for final design of the Bexley Park Project.
Funding is available from 380-4150-572-63.24 (2004 G.O. Bond/Parks & Recreation/Bexley Park).
Recommend approval of Service Authorization No. 3 to CH2M Hill, Inc. in the amount of
$62,502.00 for final design of the Bexley Park Project.
S:\City Clerk\agenda memos\SA 3 Bexley Park CH2M Hill 010306
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN DUM
TO: David T. Harden, City Manager
FROM: Jill Skaggs, Asst. City Engineer..;.&
DATE: December 29,2005
SUBJECT: Bexley Park
Service Authorization # 3
CH2MHiII, Inc.
Project #2004-060
The attached Service Authorization Number 3 with CH2MHiII, Inc. is for the final design
of Bexley Park. Facilities proposed for this park include a restroom, fitness trail,
parking lot, playground area, pavilions and associated improvements including
landscaping.
The length of this service authorization will be 5 months from notice to proceed at a
cost of $62,502.00. Construction for Bexley Park is anticipated to begin June 2006.
Funding is available in Parks and Recreation Bond Account # 380-4150-572-63.24,
Bexley Park.
A site location map is attached for your reference.
Please place this service authorization on the January 3, 2005 Commission agenda.
Thanks!
Ene
Ce Richard Hasko, P.E., Director of Environmental Services
Randal Krejcarek, P.E., City Engineer
Joe Weldon, Director of Parks & Recreation
Joe Safford, Finance Director
Carolanne Kucmerowski
Agenda File, January 3, 2006
Project File, 2004-060(E)
S:\EngAdminIProjects\2004\2004-060\OFFICIAL\2006jan 03 agenda memo. doc
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CITY of DELRA Y BEACH
ENVlR0t-4MENTAL SERVICES DEPARTMENT
04 aoun-I SWNTON AVENUE, CEUlAY BEACH, R...CH:)A 33444
BEXLEY PARK LANDSCAPE
LOCATION MAP
2004-060
Service Authorization No. 3 to the
Agreement to Furnish Professional Services
Dated May 18, 2004, Between the City of Delray
Beach, Florida and CH2M Hill, Inc.
City P.O. Number:
City Project Number: 2004-060
Title: Bexley Park Design, Permitting, Bidding and Construction Management Services
Category of Work:
General Civil (Parks and Recreation)
General
This SERVICE AUTHORIZA nON AMENDMENT shall modify the professional services
agreement referenced above and shall become part of that AGREEMENT as if written
therein full. Changes in the indicated Scope of Services will be subject to renegotiation and
implemented through an Amendment to this agreement.
Introduction
The CITY of Delray Beach issued General Obligation Bonds to support numerous parks and
recreational improvements. One project identified in the series of park projects is Bexley
Park. In May thru July 2004 an assessment of various park needs were assembled with input
resulting from interviews with elected officials, workshop meetings with citizens groups
and CITY staff comments. Staff secured the services of CH2M HILL to develop site plan
options that were subsequently reviewed and refined. There was a potential to secure three
adjacent parcels and thereby expand the recreational opportunities at the proposed Bexley
Park. Options for site plan purposes included the basic Bexley Park site and also the larger
parcel that could be used should the three parcels be purchased. The CITY considered one
option that included a recreational building and other options that assumed a more passive
approach to the park area. The City was unable to secure all three parcels and as a result,
Bexley Park is approximately 11 acres and the site plan includes passive type recreational
amenities and several buildings to complement the site.
To implement the various park improvements, CH2M HILL services are required to provide
an opinion of costs and to develop design documents that will allow the CITY to advertise
for competitive bidding and construct the Bexley Park improvements. The services required
will also include proceeding through the CITY review process (Site Plan Review Approval
Board - SPRAB) to obtain an approved site plan, design the facilities and improvements,
develop specifications, prepare and submit for permits and provide technical assistance
during the competitive bidding process and construction phase.
The CITY would like to begin construction of this project by the early part of the second
quarter of 2006 and thus an expedited design schedule is required. This expedited schedule
will require the commibnent of resources and time from both the CITY and CH2M HILL
professional staff to complete the necessary design, permitting and bidding work under this
extremely tight time frame. Cooperation and teamwork between the CITY and CH2M HILL
will be essential and critical for the success of this project.
This service authorization provides a scope of work, budget and schedule for permitting,
developing construction plans and specifications, preparing a final opinion of cost, and
bidding for the proposed Bexley Park Improvements.
Scope of Services
Task 1 - Meetings and Coordination
CH2M HILL will coordinate and conduct progress and review meetings with the CITY in
the CITY's or CH2M HILL's West Palm Beach office to review the progress of the work and
conduct detailed reviews of the plans and specifications throughout the design phase. It is
assumed that, including a kick off meeting, three meetings will be required - kickoff (early
January 2006), 60% (late February 2006) and 90% (mid to late March 2006) reviews. As part
of the kickoff meeting, a site visit and a tree survey with a landscape architect and the
project manager will be conducted to assess the final layout of the park. Following the final
review meeting, construction documents will be finalized for bidding by the CITY.
Task 2 - Design
Based on the approved final site plan, CH2M HILL will develop design documents to
include construction drawings and specifications for the Bexley Park Improvements.
The site features will be designed to be consistent with existing CITY facilities to meet long
term operations and maintenance requirements. During the design phase, CH2M HILL will
provide milestone submittals for CITY review purposes. These will include Design
Drawings and technical specifications at the 60% and 90% complete stage. A complete set of
Construction Plans and Technical Specifications will be provided to the CITY at 100%
completion.
The facilities to be designed include:
. One (1) approximately 400 sq. ft. restroom building - similar to existing restroom
used at Lake Ida (City will provide copy of drawings to be used as a model)
. Three (3) 16' hexagonal pavilions with concrete foundation. Each with GFCI
receptacle, trash receptacle and BBQ grill, but no lighting and no water service.
. Six foot wide mulch path for access around park area
. ADA accessibility to facilities on west side of entry road.
. One (1) brick paver pedestrian crosswalk across main entry roadway - north of the
existing traffic circle roundabout.
. Water and sewer extensions to support the restroom building
. Water service extension to provide service to one water fountain at playground area
. Two (2) park entry signs - one each at Military Trail and Barwick Road entrances
. One playground area with perimeter and engineered mulch surface. City will
purchase playground equipment - Contractor to install playground equipment.
2
. Eleven (11) fitness stations located along the mulch trails that encircle the park.
. One twenty-five (25) space parking lot with lot lighting, entry gate and trash
receptacle located on the west side of the entry road. Parking to provide ADA
accessibility and access to the restroom, existing perimeter concrete walkway and
pavilions.
· Provide a total of seven (7) concrete foundations for park benches. City will provide
benches and Contractor to install.
. Landscape buffers as per City landscape requirements
. Irrigation system with irrigation well for sodded and landscaped areas.
. Electrical service to support the pavilions and restroom.
. The Site design will include Melaleuca tree removal.
It is estimated that approximately 15-20 drawing sheets, including the necessary details, and
associated technical specifications will be required for this project and divided among the
following disciplines:
. Site Civil
. Architectural
. Structural
. Electrical
. Plumbing
. Landscape Architectural
3
Task 3 - Opinion of Probable Cost
CH2M HILL will provide construction opinion of probable costs for the project at 90-percent
design phase, at which point it is assumed that all major design changes will have been
made. Unit costs will include applicable percentages of cost for common elements of the
project. i.e. mobilization, maintenance of traffic, clearing and grubbing etc. Based on the
opinion of probable cost, and if it is greater than the CITY's budget amount, bid form will be
formatted for unit prices to allow the CITY the ability to deduct certain items to reach the
budget amount.
Task 4 - Permitting
CH2M HILL will provide the CITY staff two full size color renderings of the site plan that
includes a tabular listing of the site improvements to be made to the Bexley Park. CH2M
HILL will attend one meeting of the SPRAB and assist staff explain and discuss the various
features of the Bexley Park improvements. CH2M HILL will assemble a letter permit
modification to the existing SFWMD permit for the site improvements. The CITY will pay
all application and agency fees. The permit task will include one response to agency
requests for additional information.
Task 5 - Bid Phase Services
CH2M HILL will prepare a Drawing and Specification package for bidding purposes,
including project advertisement. CH2M HILL will produce one set of construction bid
documents and a digital copy of the bid documents. Drawing plans will be provided as
AutoCad 2005 in both *.dwg and *.dwf formats and specifications will be provided in *.doc
and *.pdf formats.
CH2M HILL will attend one Pre-Bid meeting and issue addendum summarizing topics of
discussion and responding to significant Bidder questions.
CH2M HILL will coordinate communications with bidders on matters related to technical
aspects of the Bexley Park Improvements. Correspondence on these matters will be copied
to the CITY.
CH2M HILL will provide input to the CITY on technical issues requiring an addendum, if
required, based upon the questions of prospective bidders and the need to clarify the intent
of the Contract Documents. The finalization and issuance of addenda will be accomplished
by CH2M HILL.
CH2M HILL will review the bids received for accuracy and completeness and prepare Bid
Tabulation for review by the CITY. CH2M HILL will review Bid Documents of the apparent
low bidder including payment and performance bond information, insurance information,
and references. Based upon the above, CH2M HILL will issue a Recommendation of Award
letter to the CITY.
CH2M HILL shall prepare one electronic set of "As Bid" Contract Document Specifications
and Drawings, incorporating all Addenda for subsequent use by the CITY.
4
Bid services will be considered complete upon CH2M HILL's review of the Bids,
preparation of the Bid Tabulation and providing the electronic files for the "As-Bid"
Contract Document Specifications and Drawings.
Schedule
CH2M HILL will commence work on the Scope of Services described herein upon receipt of
a fully executed copy of this Specific Authorization from the CITY, which will serve as the
notice to proceed. From the date of notice to proceed, it is estimated that services for Tasks
1- 5 shall be completed within approximately five (5) months. The following summarizes the
proposed schedule.
Task Estimated Time of Completion 1
Start Finish
Task 1 - Meetings and January 2006 March 2006
Coordination (Four Meetings)
Task 2 - Design January 2006 March 2006
Task 3 - Opinion of Probable Cost January 2006 March 2006
(90% design)
Task 4 - Permitting February 2006 April 2006
Task 5 - Bid Phase Services April 2006 May 2006
1 Assumes an approval date by the CITY of January 3, 2006
Assumptions
This scope of services was based on the following assumptions:
1. The CITY will pay all agency review and permit application fees.
2. The CITY will provide CH2M HILL with paper or electronic copies of drawings and
specifications used by the CITY for the Lake Ida Restroom and CH2M HILL will
provide a new, but similar design for use in Bexley Park.
3. The CITY will provide the front-end construction documents to be used for the
bidding of the project.
4. The CITY will have made all bidding documents based on the CH2M HILL providing
one original set of bidding plans and technical specifications.
5. The CITY will provide construction drawings and specifications to prospective
bidders.
6. There are no site recreational lighting improvements or parking area lighting or
sports lighting to be designed for this facility under this authorization.
5
7. The CITY will pursue the required boundary/topographic survey work, asbestos
inspection for structure demolition and geotechnical testing with their existing
contract consultants. CH2M HILL will be responsible for providing the CITY with
scopes of work for the surveyor and geotechnical work.
8. To facilitate review of the design documents, the CITY staff will meet the
CH2M HILL design team in the CH2M HILL West Palm Beach office.
9. The awarded CONTRACTOR will be responsible for submitting the necessary
documents for obtaining building permits from the CITY.
10. Construction Administration Services are not included in this authorization and if
required, will be conducted under a separate authorization.
Compensation to CH2M HILL
Compensation for professional consulting engineering services as described herein is
estimated at $62,502 shall be authorized as lump sum in accordance with Article VILA.l of
the AGREEMENT. Exhibit A attached presents a breakdown of the estimated labor and
expense charges per the Agreement.
6
This service authorization is approved contingent upon CITY acceptance of and satisfaction
with the completion of the services rendered in the previous phase or as encompassed by
the previous service authorization. If the CITY in its sole discretion is unsatisfied with the
services provided in the previous phase or service authorization, the CITY may terminate
the contract without incurring any further liability.'
Approved by:
CITY OF DELRA Y BEACH:
Date:
Attest:
Approved as to Legal Sufficiency and Form
CH2M HILL, INC. (Corporate Seal)
Timothy S. Sharp, P.G.
Office Manager
(date)
Witness
Witness
STATE OF FLORIDA
COUNTY OF BROW ARD
The foregoing instrument was
acknowledged before me this _th day of
,2005, by Timothy S. Sharp,
Office Manager, CH2M HILL, Inc., a Florida
corporation, on behalf of the corporation. He
is personally known to me and (did/ did not)
take an oath.
Glez Chang
Notary Public
State of Florida
(Seal)
C:\Documents and Settings\Mary & Bob\My Documents\Bob\SCOPES\Bexley_Scope_Rev_12-14-05_rsp.doc
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Date:
December 29. 2005
AGENDA ITEM NUMBER: ~
AGENDA REQUEST
Request to be placed on:
--X- Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When:
J anuarv 3. 2006
Description of Agenda Item (who, what, where, how much):
This agenda is for Service Authorization Number 3 with CH2MHill, Inc. for final
design of Bexley Park. Facilities to be included in this proposed park include a
restroom, fitness trail, parking lot, playground area, pavilions and associated
improvements including landscaping. The length of this service authorization will be
5 months from notice to proceed at a cost of $62,502.00. Funding is available in
account # 380-4150-572-63.24.
Recommendation: Staffrecom~l
Department Head Signature: > -~
1'l/~~~5'
City Attorney ReviewIRecommendation (if applicable):
Budget Director Review (required on all items inVO~iture of funds):
Funding Available: Yes I No Initials: 'Yes
Account Number 380-415-572-63.24
Description
Bexlev Park
9>L//;8 DID
I
Pi
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda: [;) I No Initials: LJl'1
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmin \Projects \2004 \2004-060 \ OFFICIAL \2006 jan 03 agenda. doc
MEMORANDUM
FROM:
MAYOR AND CIlY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM # R~ - REGULAR MEETING OF JANUARY 3.2006
SUPPLEMENT NO. 1 TO SERVICE AUTHORIZATION NO. 2/CH2M
HILL, INC.lPOMPEY PARK
TO:
SUBJECT:
DATE:
DECEMBER 30, 2005
1bis is before the Commission to approve Supplement No.1 to Service Authorization No.2 to
CH2M Hill, Inc. in the amount of $18,500.00 for additional design services for the Pompey Park
Building Improvements Project.
At the September 12, 2005 City Commission Workshop Meeting, CH2M Hill, Inc. presented the
proposed Pompey Park Building Improvements. Several revisions were requested by the
Commission. Supplement No. 1 to Service Authorization No.2 modifies the original service
authorization to incorporate the Commission's requested changes.
Funding is available from 380-4150-572-62.61 (2004 G.O. Bond/Parks & Recreation/Pompey Park
Expansion).
Recommend approval of Supplement No.1 to Service Authorization No.2 to CH2M Hill, Inc. in the
amount of $18,500.00 for additional design services for the Pompey Park Building Improvements
Project.
S:\City Clerk\agenda memos\SuppI 1 to SA 2 Pompey Park CH2M Hill 010306
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN DUM
TO:
David T. Harden, City Manager
FROM:
Jill Skaggs, Asst. City Engineer r
December 27, 2005
DATE:
SUBJECT: Pompey Park Building Improvements,
Project #2004-052
Commission Agenda Item
The attached Service Authorization Supplement NO.1 with CH2M Hill, Inc. is for
additional design services for Pompey Park Building Improvements. CH2M Hill
originally presented the proposed Pompey Park Building Improvements to the City
Commissioners on September 12,2005. At that meeting, several revisions to the
building were requested by the Commissioners. Among the changes requested were:
move the women's locker room to the current men's locker room location and vice
versa; revise the electrical plans to incorporate additional outlets in the existing
multipurpose room, upgrade the main corridor flooring to ceramic tile and consultation
for upgrades to the security and acoustic systems. This service authorization modifies
the original service authorization to incorporate the Commission's requested changes.
The cost is $18,500.00, which includes fees for redesign, development of a construction
phasing plan and review of shop drawings.
Funding is available in account # 380-4150-572-62.61.
Please place this service authorization on the January 3, 2006 Commission agenda.
Thanks!
Ene
Ce Richard Hasko, P.E., Director of Environmental Services
Randal Krejcarek, P.E., City Engineer
Carolanne Kucmerowski
Agenda File, January 3, 2006
Project File, 2004-052(E)
S:\EngAdminIProjects\2004\2004-052\OFFICIAL \2006 jan 03 agenda memo 1. doc
Supplement No.1 to Service Authorization No.
2 to the Agreement to Furnish Professional
Services Dated May 18, 2004, Between the City
of Delray Beach, Florida and CH2M Hill, Inc.
City P.O. Number:
City Project Number
Title: Pompey Park Building Improvements
Category of Work:
Architectural Services (Parks and Recreation)
General
This SERVICE AUTHORIZATION AMENDMENT shall modify the professional services
agreement referenced above and shall become part of that AGREEMENT as if written
therein full. Changes in the indicated Scope of Services will be subject to renegotiation and
implemented through an Amendment to this agreement.
Introduction
The CITY of Delray Beach issued General Obligation Bonds to support numerous parks and
recreational improvements. One project identified in the series of park projects is Pompey
Park. In May thru July 2004 an assessment of Pompey Park needs were assembled with
input resulting from interviews with elected officials, workshop meetings with citizens
groups and City staff comments. Staff support the various recommendations made for
improvements of the Pompey Park and Board action was taken on December 14,2004 to
adopt the recommendations with their ranking and priorities for subsequent staff action.
Pompey Park includes approximately 17.5 acres with buildings of 22,500 sq ft. The existing
building facilities include: offices, gymnasium with locker rooms and showers, auditorium
with stage, kitchen facilities, indoor basketball court and indoor volleyball.
To implement the various park improvements, CH2M HILL services were procured by the
CITY under Service Authorization No.2 to develop a site plan to modify the existing
building, obtain CITY staff approval, proceed through the CITY review process (Site Plan
Review Approval Board - SPRAB) to obtain an approved site plan, design the facilities and
improvements, develop specifications, prepare and submit for permits and provide
technical assistance during competitive bidding.
The CITY Commission met on September 12, 2005 to review CH2M HILL's 90-percent
design for the Pompey Park renovations project. Subsequently, on November 9, 2005, OTY
staff met with CH2M HILL to discuss the Commission's comments from the workshop
POMPEY _SCOPE_1-20-05_RSP
meeting and requested the implementation of the additional services items as described
below in this Scope of Services.
Scope of Services
This scope of services will be considered a Supplement to Service Authorization No.2, and
shall revise the original Task 2 - Design.
Task 2A - Design: Site Plan Modifications and Schematic Building Plan
Design Modifications
CH2M HILL will redesign and mirror the floor plan between women's locker (room #105)
and men's locker (room #106) and will coordinate changes with demolition plan, reflected
ceiling plan, interior elevations, mechanical, plumbing, electrical (lighting) and life safety
devices located in the ceiling.
CH2M HILL will revise drawings to replace existing vinyl composition tile flooring with
ceramic or porcelain tiles in Main Corridor #116 and Gymnasium Vestibule room #101A.
CH2M HILL will revise electrical plans by adding wall mount type electrical duplex
receptacles in the existing Multi-Purpose room #120. These outlets will be installed in
addition to the existing ones, they will be added for user's convenience reasons and will
exceed Code requirements in terms of quantity.
CH2M HILL will revise construction probable cost to reflect changes of afore-mentioned
items a, b & c.
CH2M HILL will provide a construction phasing plan depicting such sequence that will
allow the building to remain operational throughout construction.
Other Related Tasks
Revise or redesign the following drawing sheets (total of 16):
. Architectural: Electronic Base Plan, A2.1, A2.2, A2.3, A2.6, A2.8, A4.1 & A6.1
. Mechanical and Plumbing: M2.0, P2.1 and P3.1
. Electrical: E1.1, E2.1, E3.1, E4.1 and E6.2
The City of Delray is considering upgrades to the existing security system and CH2M HILL
will meet with the security system subcontractor for the Pompey Park to discuss
coordination in the construction documents that may result from this upgrade.
CH2M HILL will meet with the CITY to review the changes made to the design and discuss
any final revisions.
CH2M HILL will make the final revisions requested by the CITY and will finalize the
documents in accordance with the original scope of services in Service Authorization No.2.
CH2M HILL will present the final plan to the CITY Commission if requested.
POMPEY _SCOPE_1-20-05_RSP
2
Task 5 - Construction Services
CH2M HILL will review, comment and approve shop drawings for materials described in
project manual and/ or drawings, turn around time not more than 14 days
CH2M HILL will conduct limited construction site visit for a total of 5 visits, 4 hours each:
. One (1) visit for pre-construction meeting,
. Three (3) visits from start of construction throughout substantial completion and
. One (1) visit for final walk-through.
CH2M HILL shall be compensated for additional construction site visits as agreed with the
CITY.
Schedule
CH2M HILL will commence work on the Scope of Services described herein upon receipt of
a fully executed copy of this Consulting Service Authorization from the CITY, which will
serve as the notice to proceed.
It is estimated that services for the additional design (Task 2A) described herein will be
completed within 3-4 weeks from the date of notice to proceed. The following summarizes
the proposed schedule.
Task Estimated Time of Completion 1
Start Finish
Task 2A - Additional Design and January 2006 February 2006
Related Tasks
Task 5 - Construction Services TSD TSD
Assumptions
This scope of services was based on the following assumptions:
. Any additional substantial changes to the design shall require another Supplement to
Service Authorization No.2.
. The CITY shall take the lead during the construction phase of the project, and
CH2M HILL shall support the CITY as described above.
Compensation to CH2M HILL
Compensation for professional consulting engineering services as described herein for tasks
2A.l and 2A.2 is estimated at $18,500 and shall be lump sum in accordance with
Article VII.A.l of the AGREEMENT. Exhibit A attached presents a breakdown of the
estimated labor and expense charges per the Agreement.
POMPEY _SCOPE_1-20-05_RSP
3
This service authorization is approved contingent upon CITY acceptance of and satisfaction
with the completion of the services rendered in the previous phase or as encompassed by
the previous service authorization. If the CITY in its sole discretion is unsatisfied with the
services provided in the previous phase or service authorization, the CITY may terminate
the contract without incurring any further liability.
Approved by:
CITY OF DELRA Y BEACH:
CH2M HILL, INC. (Corporate Seal)
Date:
Timothy S. Sharp, P.G.
Office Manager
(date)
Witness
,
Witness
STATE OF FLORIDA
COUNTY OF BROW ARD
Attest:
Approved as to Legal Sufficiency and Form
The foregoing instrument was
acknowledged before me this _th day of
December, 2005, by Timothy S. Sharp, Office
Manager, CH2M HILL, Inc., a Florida
corporation, on behalf of the corporation. He
is personally known to me and (did/ did not)
take an oath.
Glez Chang
Notary Public
State of Florida
(Seal)
POMPEY _SCOPE_1-20-05_RSP
4
Exhibit A
Supplement No.1 to Service Authorization No.2
Pompey Park Renovations Additional Design and
Construction Administration Services
Estimated labor Hours
Cost per Task No. Task No. Total Project
Employer Category Grade Hour 2A 5 Hours Totals
9 $175.00 0 $0
8 $175.00 0 $0
7 $175.00 2 2 $350
Professionals - Engineers, Architects, 6 $165.00 2 2 $330
Planners, Economists, Scientists, 5 $147.39 2 2 $295
Hydrologists, Hydrogeologists, Geologists, 4 $127.26 4 4 $509
etc. 3 $106.83 6 50 56 $5,982
2 $88.41 40 14 54 $4,774
1 $76.56 0 $0
0 $67.32 0 $0
5 $95.79 6 6 $575
Technicians - Drafters, Graphic Artists, 4 $95.79 6 6 $575
Computer, Surveyors, Cartographics, 3 $78.60 6 6 $472
Construction Inspectors, etc. 2 $66.60 6 6 $531
1 $56.31 12 12 $676
Office Support 0 $56.55 24 12 36 $2,036
labor Subtotal $9,715 $7,258 192 $17,104
Reimbursable Expenses
Transportation $0
Lodaina $0
Communication Charae $150 $100 $0
Reorod uctions/Soecs/Drawings $100 $100 $100
PostaQe and Handlina $52 $150 $25
Field Eauioment $0
Computer $525 $350 $350
Auto Travel/Mileaae (outside PBC)
Subcontractors (Includes 10% Mark Up) $100
Expenses Subtotal $827 $700 $575
Project Total $10,542 $7,958 $18,500
2A: DESIGN MODIFICATIONS AND OTHER RELATED TASKS
5: SHOP DRAWING REVIEW AND CONSTRUCTION SITE OBSERVATION VISITS
DFBAttachment A Pompey PArk Additional Design.xls
Date:
December 27.2005
AGENDA ITEM NUMBER: ~
AGENDA REQUEST
Request to be placed on:
-1LConsent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When: Januarv 3. 2005
Description of Agenda Item (who, what, where, how much):
The attached agenda item is a request for Commission approval/authorization for Mayor to
execute Service Authorization Supplement #1 with CH2M Hill, Inc. for additional design
services for Pompey Park Building Improvements. The additional services include redesign to
incorporate comments from the September 12, 2005 Commission meeting, development of a
construction phasing plan and review of shop drawings.
The cost of this service authorization is $18,500.00. Funding is available in account # 380-4150-
572-62.61.
Recommendation: Staff recommends ~
Department Head Signature: ~ ,~
City Attorney Review/Recommendation (if applicable):
/1-, W ~
Budget Director Review (required on all items involving expenditure of funds):
,.
Funding Available: Yes / No Initials:
( Yes) tt::t
,-
Account Number
380-4150-572-62.61
Description
Pompey Park Buildine- Improvement
Account Balance:
$ lf3b 2-21
~'
f}-6/?1.. y Lf'.
r2J/( Ol/~
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda: @/ No Initials:
Hold Until:
t11
Agenda Coordinator Review:
Received:
S:\EngAdmin \Projects \2004 \2004 -052\ OFFICIAL \2006 jan 03 agenda. doc
MEMORANDUM
FROM:
MAYOR AND CITI COMMISSIONERS
CITI MANAGER f1J11
AGENDA ITEM # <"60 - REGULAR MEETING JANUARY 3.2006
AMENDMENT NO. 1 TO SERVICE AUTHORIZATION NO. 23/
MATHEWS CONSULTING. INC.
TO:
SUBJECT:
DATE:
DECEMBER 30, 2005
1bis is before Commission to approve Amendment No.1 to Service Authorization No. 23 to
Mathews Consulting, Inc. in the amount of $32,900.00 for supplementary services in conjunction
with irrigation service connection extensions to the Reclaimed Water Areas 2 & 3 Transmission
Main Project.
Due to the time element required for completion of the current construction project, as established
by the South Florida Water Management District (SFWMD) Alternative Water Supply Grant, the
scope of construction was limited to the transmission system and short service stub-outs to
properties targeted for connection. While we will have transmission facilities extended to customer
property lines, we will also need to accommodate physical system connections to establish reclaimed
water service.
The scope of Amendment No. 1 consists of collecting all available information and documentation
regarding irrigation system layout and configuration for each proposed customer; and includes
meetings with customers to coordinate connection requirements. 1bis effort is required to facilitate
identification of connection points and associated routes, alignments, and easement requirements to
accommodate service connections.
Funding is available from 441-5181-536-31.90 (Water/Sewer Fund/Other Professional Services).
Recommend approval of Amendment No. 1 to Service Authorization No. 23 to Mathews
Consulting, Inc. in the amount of $32,900.00 for supplementary services in conjunction with
irrigation service connection extensions to the Reclaimed Water Areas 2 & 3 Transmission Main
Project.
S:\City Clerk\agenda mernos\Amend 1 to SA23 Mathews Reclaimed Water 010306
City Of Delray Beach
Department of Environmental Services
M
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www.mydelraybeach.com
TO:
David T. Harden, City Manager
FROM:
Richard C. Hasko, P .E., Environmental Services Director
~
SUBJECT: SUPPLEMENTAL RECLAIMED WATER CONSULTING SERVICES
DATE: December 28, 2005
Attached is a copy of Amendment #1 to Service Authorization #23 for Mathews Consulting in the
amount of $32,900 for provision of supplementary consulting services in conjunction with extension
of the Area 2&3 Reclaimed Water Transmission System. Due to the time element required for
completion of the current construction project as established in the Alternative Water Supply Grant
for this project from the South Florida Water Management District (SFWMD), the scope of
construction was limited to the transmission system and short service stub-outs to properties targeted
for connection. Many proposed connections will be homeowners associations with master irrigation
systems. While we will have transmission facilities extended to customer property lines, we will still
need to accommodate physical system connections to establish reclaimed water service.
The scope of this proposal consists of collecting all available information and documentation
regarding irrigation system layout and configuration for each proposed customer. This effort is
required to facilitate identification of connection points and associated routes, alignments and
easement requirements to accommodate service connections. Meetings with customers to coordinate
connection requirements are also included in this scope of services.
Funding for this contract is available in Water & Sewer Connection Fees, account #441-5181-536-
31.90, Other Professional Services, after budget transfer.
Please place this item on the January 3,2006 agenda for consideration by City Commission.
Cc: file 2004-020.2
CITY OF DELRAY BEACH
CONSULTING SERVICE AUTHORIZATION
AMENDMENT NO.1
DATE:
SERVICE AUTHORIZATION NO.
23
FOR CONSULTING SERVICES
CITY P.O. NO.
CITY EXPENSE CODE:
441-5181-536-65.96
CITY PROJECT NO. 2004-020.2
MATHEWS CONSULT. PROJECT NO. 1292
TITLE:
Area 2 & 3 Reclaimed Water System
This Service Authorization, when executed, shall be incorporated in and shall become an integral
part of the Contract.
TITLE: Agreement for General Consulting Engineering Services
I. PROJECT DESCRIPTION
This Amendment No. 1 covers additional engineering services for field inspections and
design of customer connections to the Area 2 & 3 Reclaimed Water System.
II. SCOPE OF SERVICES
Phase III - Final Desi2ll Phase
Task 7. Consultant shall participate in meetings with the Golf Courses and
Homeowner Associations (Users) located within the Area 2 and 3 reclaimed
water service area. The meetings will be scheduled and attended by City staff.
The purpose of the meetings will be to determine the current layout, flow and
pressure requirements for the association irrigation systems. Meetings with
the following Golf Courses and Homeowner Associations will be scheduled:
· Hamlet Golf Course
· Homewood Lakes
· Clearbrook
· Lago Delray
· Fairways
· Pines of Ddray
· Pines ofDelray West
· Lakeview Greens Condos
· Lakeview Golf Course
RWMarea2&3contract amend l.doc 12/22/05 1
Consultant shall collect required information for determining the best layout
and reclaimed water hook-up requirements for each User.
Consultant shall provide layout schetches in Autocad format for each user
showing pipe size, routing, and connection points from the City's master
meter to the Users existing irrigation system. The sketches will be used by
City personnel to construct the connections in the field.
Consultant shall provide estimate of construction cost for each reclaimed
water hookup area.
Reclaimed water user permits have already been obtained from FDEP for the
Area 2 & 3 system. No additional permits are anticipated to be needed for
construction of the customer connections.
ASSUMPTIONS
Work described herein is based upon the assumptions listed below. If conditions differ from
those assumed in a manner that will affect schedule of Scope of Work, Consultant shall advise
City in writing of the magnitude of the required adjustments. Changes in completion schedule or
compensation to Consultant will be negotiated with City.
1. City will setup and participate in meetings with the homeowner's associations for
gathering information regarding their existing irrigation system.
2. City will be responsible for acquisition of easements, ifrequired.
3. City personnel will assist in field verification of affected existing facilities. This may
include potholing the User irrigation lines as necessary to verify location and sizing.
ADDITIONAL SERVICES
Consultant shall provide additional engineering services relating to the provision of surveying,
geotechnical, sanitary, water, reclaimed water, and drainage improvements to the project area
that are not covered under this Service Authorization. These additional services may be required
due to uncertainties discovered during survey, soils, investigations, field verification of existing
facilities and conditions, and potential property or easement acquisitions.
Services performed under this task will be on as-directed basis in accordance with a written
Notice-to-Proceed from the City Manager. The Notice-to-Proceed issued shall contain the
following information and requirements.
. A detailed description of the work to be undertaken.
. A budget establishing the amount of the fee to be paid in accordance with the Agreement.
. A time established for completion of the work.
RWMarea2&3contract amend l.doc12/22/05 2
III. TIME OF PERFORMANCE
The completion dates for this work will be as follows (starting at written notice-to-proceed).
Engineering Services
Time per Phase
Cumulative Time
Phase III - Final Design
28 weeks
28 weeks
VI. COMPENSATION
The compensation for services provided shall be billed on an hourly basis plus reimbursable
expenses for each phase of work in accordance with Article VII, Method II, up to the following
not to exceed cost for each phase. Refer to Attachment B for budget summary.
Engineering Services
Estimated Fees
Phase III - Final Design Phase
Out-of-Pocket Expenses
Additional Services
$ 32,400.00
$ 500.00 (I)
$ 5.000.00
$ 32,900.00 (1)
TOTAL PROJECT COST
Notes:
(I)Out-oj-Pocket Expenses include the following: printing/reproduction and postage.
(2)Total project cost does not include the $5,000 for Additional SerYi~es (if authorized by the City).
RWMarea2&3contract amend 1.doc12/22/0S 3
. ,
This Service Authorization is approved contingent upon the City's acceptance of and satisfaction
of the completion of the services rendered in the previous phase whereas encompassed by the
previous Service Authorization. If the City in its sole discretion is unsatisfied with the services
provided in the previous phase or Service Authorization, the City may terminate the contract
without incurring any further liability. The Consultant may not commence work on the Service
Authorization, approved by the City and to be included as part of the Contract between the City
and the Consultant, without a notice to proceed. This Service Authorization, upon approval,
shall become part of and be governed by the Contract between the City and Consultant dated
March 16, 2004.
Approve by:
Date:
MATHEWS CONSULTING, INe.
Date: ~..::c::... 28, ZooS
-(~
David Mathews, P.E., Vice President
CITY OF DELRA Y BEACH:
Jeff Perlman, Mayor
~ ~ J)~
Witness
Attest:
, .
Approved as to Legal Sufficiency
and Form
,
",
STATE OF FLORIDA
COUNTY OF PALM BEACH
?JNMcrtAml*OllO
. My CommIIIIOn DO__
\, ~".J ExplnII FebruIry 21, ..
The foregoing instrument was
ackijowledged before me thi~ay
of ~ 2005 by David Mathews,
Vice President of Mathews
Consulting, Inc., a Florida
corporation, on behalf of the
corporation. He/She is (uersonally
known to me or (has produced
i entification), Florida Driver's
License
and (did/did not) take an oath.
s~n~-
acknowledg ent
RWMarea2&3contract amend 112/28/05 4
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AGENDA ITEM NUMBER:
~
AGENDA REQUEST
Date: Decmber 28,2005
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda
When:
January 3, 2006
Description of agenda item:
Staff requests Commission approval of Amendment #1 to Service Authorization #23 to Mathews
Consulting in the amount of $32,900 for provision of supplementary services to facilitate customer
connections to the Area 2&3 Reclaimed Water System. Scope includes collection of available
documentation for all irrigation systems proposed for connection to reclaimed water to establish
routes, alignments, easement requirements and other needs to facilitate physical connections.
Funding is available in Connection Fees account #441-5181-536-31.90, after transfer
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES
YES
NO
NO
x
X
Recommendation: Staff recomm~
Department Head Signature: ~ ~
Determination of Consistency with Comprehensive Plan:
12.-UJ- u5
City Attorney Review/Recommendation (if applicable):
Budget Director Review
(required on all items involving expenditure of funds):
Funding available: G 1t:J...
Funding alternatives (if applicable):
No
Account Balance:
LJ Y I - 5'1 t5 J - 5 S (p -s / -> 90
,
~r ?ro-ks[)c~ ~erV){~~
tJZ'53/03 & QWr+rQ~(/
Account Number:
Account Description:
City Manager Review:
Approved for Agenda:
@
8
No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved:
Disapproved:
P.O. #
AGENDA ITEM NUMBER:
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER M
AGENDA ITEM # ~ of' - REGULAR MEETING OF JANUARY 3,2006
CHANGE ORDER NO. 5 (CONTRACT ADDITION)/ ASPHALT
CONSULTANTS, INC.
TO:
FROM:
DATE:
DECEMBER 30, 2005
This is before Commission to approve Change Order No.5 (Contract Addition) between the City and
Asphalt Consultants, Inc. in the amount of $234,317.46 for replacement of the existing exfiltration
drainage system with a positive outfall drainage system as part of the N.W./S.W. 5th Avenue
Improvements Project.
On October 11, 2005, the Commission approved Change Order No.4 for the replacement of an
existing sewer main in conjunction with the N.W./S.W 5th Avenue Project. During the sewer
replacement work, it was discovered that the existing drainage system is an ex filtration system with
perforated pipe. The location of the system made it impossible to replace the sewer without
compromising the exfiltration trench portion of the system. After reviewing several alternatives, the
following options were considered:
Option A: Connect the existing drainage system to a drainage system on N.W. 2nd Street, to provide a
positive outfall; install a liner to prevent soil infiltration; and demolish the ex filtration trench in-place,
including associated restoration work. The total cost is $278,403.70.
Option B: Remove the existing perforated pipe and replace it with new solid pipe, including
ex filtration trench demolition and associated restorations. The total cost is $234,317.46.
Staff recommends Option B, removing the existing perforated pipe and replacing it with new solid
pipe. This option has multiple advantages. In addition to cost, the two most important advantages
are that it will not require coordination with an additional contractor and will not require a time
extension for the project.
Funding is available from 448-5461-538-63.90 (Stormwater Utility Fund/Other Improvements).
Recommend approval of Change Order No.5 (Contract Addition) between the City and Asphalt
Consultants, Inc. in the amount of $234,317.46 for replacement of the existing ex filtration drainage
system with a positive outfall drainage system as part of the N.W./S.W. 5th Avenue Improvements
Project.
S:\City C1erk\agenda memos\CO 5 Coot Add Asphalt NW SW 5* Ave Improv 010306
City Of Delray Beach
Department of Environmental Services
M
E
M
o
R
A
N
D
u
M
www.mydelraybeach.com
FROM:
David Harden, City Manager
Rafael Ballestero, Deputy Director for Construction ~
TO:
SUBJECT: N.W. / S.W. 5TH AVENUE IMPROVEMENTS (PIN 2003-037)
Change Order #5, Contract Addition
DATE: DECEMBER 27, 2005
Attached is a request for the City Commission to approve Change Order #5 (Contract Addition) to Asphalt
Consultants, Inc., for the removal and replacement of existing storm drainage pipe on the two north blocks
of the project During the sewer replacement work (change order #4), it was discovered the existing
drainage system is an exfiltration system with perforated pipe. The location of this system made it
impossible to replace the sewer without compromising the exfiltration trench portion of the system. Several
alternatives were considered for remediation of this issue.
First (Option A) is to connect the existing drainage system to a drainage system on NW 2nd Street, to
provide a positive outfall (part 1 $32,616.00). Install a liner in the existing perforated pipe to prevent soil
infiltration into the system (part 2 $60,275.00). Demolish the exfiltration trench in-place, including associated
restoration work (part 3 $185,512.70). The total cost for this option is $278,403.70. This option will require
coordination with the lining contractor into this project, and will certainly extend the timeframe of the project
Second (Option B) is to remove the existing perforated pipe and replace it with new solid pipe, including the
exfiltration trench demolition and associated restorations. The cost for this option is $234,317.46, including
the connection to the existing drainage system on NW 2nd Street. This option has multiple advantages. In
addition to price, the two most important ones are that it does not require coordinating with an additional
contractor, and that the contractor will not require a time extension for the project.
Copies of the contractor's quotations and supporting documentation are attached for your review.
Staff recommends award of contract addition #5 to Asphalt Consultants, Inc. in the amount of
$234,317.46, on the N.W.I S.W. 5th Avenue Improvements Project, PIN 2003-037.
Funding is available from Account # 448-5461-538-63.90, Other Improvements, after budget transfer. The
funds transferred from the Block 64 account and the Seasage I Melaleuca account will be replaced using
prior year surplus funds with the mid-year budget adjustment.
cc: Richard Hasko; Director of ESD
Diane Colonna; CRA Director
Randal Krejcarek; City Engineer
Victor Majtenyi, Construction Manager
City Clerk's Office
Agenda File
File 2003-037(A)
S:\EngAdmin\Projects\2003\2003-037\Construction\Agenda memoCO#5 AsphCons 1.03.06.doc
CITY OF DELRA Y BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 5 (Contract Addition)
PROJECT NO. 03-037
DATE:
PROJECT TITLE:
TO CONTRACTOR:
NW I SW 5th Avenue Streetscape Improvements
Asphalt Consultants, 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:
Replace Drainage system which was in conflict with Sanitary Sewer System replacement, on the north two blocks of the project.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PERCENT INCREASE THIS CHANGE ORDER 12.64 %
TOTAL PERCENT INCREASE TO DATE 37.00 %
TOTAL CONTRACT TIME WILL BE INCREASE BY 0 DAYS.
$1,853,886.75
$451.655.43
$2,305,542.18
$234.317.46
$2,539,859.64
CERTIFIED STATEMENT:
I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices
quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under
benefit of competitive bidding.
Asphalt Consultants, Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from account # 448-5461-538-63.90, Other Improvements, after budget transfer.
DEPARTMENT
FUNDING
CERTIFIED BY
DELRA Y BEACH, FLORIDA by its City Commission
RECOMMEND:
By:
Environmental Services
Mayor
APPROVED:
A TIEST:
By:
City Attorney
City Clerk
S:\EngAdmin\Projects\2003\2003-037\Construction\C05 Asph Cnslt doc -L03.06.doc
FROM
ASPHALT
CONSULTANTS, INC.
ENGINEERING CONTRACTORS
December 19, 2005
...
(MON) DEe 1 9 2005 12: 33/ST. 12: 32/NO. 6321820039 P
()PTID~J B
City of Delray Beach Environmental Services Department
434 South Swinton Avenue
Delray Beach, FL. 33444
Attention; Rafael C. Ballestero
Re: NW/SW Sth Avenue Streetscape and Infrastnlct:\Ire Improvements
City of Delray Beach Project No. 2003-037
Subject: Price Proposal~ Drainage and RoadwayRcconstrnction
Gentlemen,
We are submitting our price to remove the existing drainage slotted Rep and install new
solid Rep in its place from the existing storm manhole at station 8+40 to Station 17+80.
A new drainage line will be installed from that point to NW 2nd Street and the road will
be reconstrncted from station 8+40 to the North limit of the project located at NW 2nd
Street. The existing exfiltration trench material will be mixed with existing earth material.
We have utilized existing Contract unit prices when possible and new items are "Bold".
DESCRIPTION
Engineering ashuilts
Maintenance of Traffic
Bond fees (2% of $229723.00)
Demo roadway pavement
Demo eIistinl storm drainage
Demo storm manhole
Connect to manhole (NW 2 ST)
Connect to Storm Manhole
5' Diameter storm manhole
18t'RCP
Stabilized Subgrnde
8" Limerock Base
Mill asphalt pavement
Sewer trench repair (CO#4)
IS" RCP asphalt trench repair
QUANTITY
1 LS
1 LS
ILS
2350 SY
939 LF
lEA
lEA
9EA
1 EA
1147 LF
2350 SY
2350 SY
-2350 SY
-941 LF
-110 LF
UNIT PRICE EXTENSION
1300.00 1300.00
300.00 300.00
4594.46 4594.46
3.60 8460.00
4.00 3756.00
300.00 300.00
4700.00 4700.00
150.00 1350.00
6000.00 6000.00
68.00 77996.00
34.00 79900.00
36.00 84600.00
3.60 -8460.00
29.00 -27289.00
29.00 -3190.00
Estimated Cost of Additional Work
$234317.46
Continued
".
880 NW 1st AVENUE · BOCA RATON, FLORIDA 33432 · (561) 368-5797 · FAX {561}750-8596
FROM
(MaN) DEe 19 2005 12: 33/ST. 12: 32/NO. 6321820039 P 2
Prices are based upon daily road closure to thru traffic. If this proposal is accepted by
December 20th, the work can be undertaken within the Contract current schedule and the
project will not be delayed. Please contact me or Chris if you have any questions.
880 NW 1st AVENUE · BOCA RATON, FLORIDA 33432 · (561) 368-5797 · FAX (561 )750-8596
..
Agenda Item NO.:~
AGENDA REQUEST
DATE: December 27,2005
Request to be placed on:
-1L- Regular Agenda
_ Special Agenda
_ Workshop Agenda
WHEN: January 3, 2006
Description of item (who, what, where, how much):
This request is to approve Change Order #5 (Contract Addition) to Asphalt Consultants, Inc., on the NW /
SW 5th Avenue project. This work is to replace the existing exfiltration drainage system with a positive
outfall drainage system. The total cost for this work is $234,317.46.
Funding is available from account # 448-5461-538-63.90, Other Improvements, after budget transfer.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Approve Change Order #5 (Contract Addition) to Asphalt Consultants, Inc. for the
above referenced project. . 4Z
Department Head ?7" D
Signature: ~ ' ).. -2%- \.)7
Determination of Consistency with Comprehensive
Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding availabl~rQ/NO tJ;:t
Funding alternatW (if applicable)
Account No. & Description See above
Account Balance See above
$.zt/7 ~O2)
I
w ( WflS.[!.e..~
City Manager Review: & rl ,
Approved for agenda: /NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
file 2003-037(A)
S:\EngAdmin\Projects\2003\2003-037\Construction\Agnd req C0#5 AsphCons l.03.06.doc
[ITY DF DELRAY BEA[H
DELRAY BEACH
f lOR I lJ i\
DaI:II
All-America City
, III I!
1993
2001
100 N.W 1st AVENUE
DELRAY BEACH. FLORIDA 33444
MEMORANDUM
TO:
David T. Harden, City Manager
QIJ Robert A. Barcinski, Assistant City Manager
FROM:
DATE: December 27, 2005
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING
JANUARY 3. 2006-SPECIAL EVENT REQUEST -ANNUAL
DELRA Y BEACH WINTER STREET CRAFT FESTIVAL
ACTION
City Commission is requested to endorse the 9th Annual Delray Beach Winter
Street Craft Festival to be held on February 25th and 26th from 10:00a.m. to 5:00
p.m., to rant a temporary use permit per LDR Section 2.4.6(H) for the use of
NE/SE 4 Avenue, one block north/south of Atlantic Avenue as well as the north
end of Hand's parking lot for vendor parking, and to authorize staff support for
security and traffic control and to permit an event sign be erected on Atlantic
Avenue just east of 1-95, 10 days prior to the event per City Code.
BACKGROUND
Attached is letter and permit application received from Howard Alan Events, Ltd.
for this event. The City is requested to provide police security and traffic control
for this event. The event sponsor will provide vendor management and set up,
site clean up, barricades, and port-o-Iets. Estimated overtime costs for the event
are $6,700. Cost may be reduced if the vendor utilizes private security for night
time coverage. Also attached is a budget, site plan, certificate of insurance, and
hold harmless agreement. Per event policies and procedures, the event sponsor is
responsible for payment of all City costs.
RECOMMENDATION
Staff recommends endorsement of the event, approval of the temporary use permit
for the street closure, and parking lot use, and approval of staff support for police
security and traffic control with the sponsor paying all overtime costs.
RAB/gb
Attachments
n>t. . U:\RAB\Agenda Item re Annuall'~f! sel!! f2~ti~ew A Y SMA TT E R S
~ Pnnted on Recycled Paper
~
561/243-7000
~~
')
December 5,2005
t-"_
rYl ,r
-.-.. \~,
i fi/ f~
Mr. Robert Barcinski
Assistant City Manager
City of Delray
100 NW 1st Avenue
Delray Beach, FL 33444
~
L. :~. t,~
/
Dear Mr. Barcinski:
110\\ ani \Iall E'I.lll.... 1.111.
f"',
~ :.,,' >\ t~, "c . .
We are planning for the 9th Annual Downtown Delray Craft Festival, to be held Februaryc2'5 &
26, 2006 on NE and SE 4th Avenue from NE 1 st Street to SE 1 st Street. Atlantic Avenue and
bypasses will remain open.
if ~
Please be advised that the following logistics for the ifh Annual Downtown Delray Craft
Festival will be arranged:
Street Closure: Bob's Barricades will drop off barricades on Friday, February 24, 2006, and our
employees will set them up early Saturday morning. Unless we are advised that the City of
Delray will again order the barricades and set them up.
Police: Lt. Milenkovic at the Delray Police Department will arrange for Police and Security from
10:00 am - 5:00 pm on Saturday and Sunday and overnight security officers on Saturday from
6:00 pm - 6:00 am.
Port-O-Lets: 3 regular and 1 handicap port-o-Iets will be ordered through Able Sanitation and
will be dropped off on Friday, February 24, 2006 and will be picked up on Monday, February 27,
2006, with servicing on Sunday, February 26, 2006. They will be placed next to the Library.
Dumpster A 20-yard roll-off dumpster is ordered from Southern Waste and will be placed next
to the portolets as noted above. It will be dropped off on Friday and picked up on Monday as
well.
Trash Receptacles: Trash receptacles will be supplied and maintained by our professional
clean-up crew, Tents 4 Events. They will handle clean up of the trash throughout the area each
day.
Vendor Parking: Parking will be at Hand's parking lot. (North side next to NE 1st Street)
Insurance: City required certificates will be issued.
Thank you again for your assistance on yet another one of our events. Let me know if you have
any questions. Please feel free to call me with any questions. 954-472-3755.
9695 W. BROWARD BLVD. . PLANTATION, FLORIDA 33324
(954) 472-3755 . FAX (954) 472-3391
www.artfestival.com
DB-RAY BEACH
~
AIl-AmerIca CIty
, ~ III!
PLEASE PRINT 1~~~ .
Event NamefTille:q tJ; ~ '::D6l<J..+.-~ 'D~~ ~ ~.
Event Date(s): ~ A 'Cr= d-5 -<- ';;)J. I ~o b
Event Time(s): I c a .u.... - S ~ d c-: ~ ~ .
Event SponsorlProducer. ~J~ y ~ :: ~ 1="e.rr--c..r
Event Contact/Coordinator: ~ ~1 MlLl--- ~~ .
Name: ~....,,( ~ ~~ c,~
Address:q'-q ~ lr..l- blOlV~ . ~~~~FL. 3~s:24
Telephone Number. ~:t-~l?-- 31SS-Cellular Number:q5"Q... t "'I - ~o s
E-mail Address:~ ~ c.rt-rMoJ. . ~ .
Event DescriptionlPurpose: ~~~ ~ .~aJ .
City of Dekay Beach
Special Event Permit
Application
Sponsor Category (please check) City 0 Non-Profit/Charitable 0 Private ~
Co-Sponsor - Non-Profit/Private 0
(If Non-profit attach proof of S01c(3) or (d))
Event Location (Describe area boundaries of event/location):
~ ~~+vu~ ~ ~-;- NE" .4~ ~. <f"~
14~ ..t bt- S~ -h:. sf: I ~- S~~. Mlct.n..l,c ~
-+- ~d/~~ {.u"d( ~"OF"
Site plan attached
(Site plan required for entire event site)
yes
~
/
no
Event budget attached
(Required for all events)
Serving or selling alcoholic beverages yes no ~
(If yes, copy of license and alcohol liability insurance required two (2) weeks prior
to event)
yes
no
1
Event certificate of insurance attached yes / no
(Required two (2) weeks prior to event naming the City as additional insured, also
required for vendors)
Playing of amplified music
(Waiver required)
,/
yes
no
Requesting Police assistance
(traffic control/security)
Will supplement with private security yes
(If yes, need plan attached)
yes
v
Requesting Emergency Medical assistance yes
R t" b "d 't .~
eques Ing arnca e ass.s ance yes
no
no V
no V"
no V
no V
no /'
no /
Requesting trash removal/clean up assistance yes
Requesting trash boxes and liners
yes
Requesting stage use yes
(If yes, check type)
Large stage covered 0 Large stage no cover 0 Small stage 0
Half small stage 0
Requesting signage ./ yes no
Type: Event sign v Directional signs v" ~~ ~VJ~ o:>de..,~
Banner hanging Indicate dates required ~
(Waiver required if more than one (1) week prior to event)
V'
yes
Food and beverage vendors
If yes, approximate number
Health Department approval
6
no
yes
no~~\
r/ ~
Other vendors yes
Tents {6~fO -ftCUA.u..~~P~~ /'
(If yes, tent p,rmits ancl. fire inspections maybe needed)
f..-:'o -r ~
Will the event include amusement rides yes no
(If yes, type and location and copy of liability insurance required)
no
~
v
Will the event be gated
(Show on-site map)
yes
/
no
2
Will there be fireworks or other pyrotechnics yes
(If yes, contact Fire Marshall)
/
no
Will there be cooking with compressed gas
(If yes, contact Fire Marshall)
yes
'v
no
/
Will you be providing port-a-Iets for the event yes no
(If yes, locate on-site map. If no, indicate how you will handle restroom
needs)
Will there be a charge for the event
(If yes, indicate ticket prices)
yes
./
no
I.s reserved parking requested
(If yes, in. ocations)
yes
no
/
I ~. 0 S . 66 .
Date
Even oordinatpr ~
Please print: ~k~~ u---4
Please enclose the appropriate non-refundable application fee payable to the
City of Delray Beach, 100 N.W. 1 st Avenue, Delray Beach, Florida 33444.
For Staff Use Only I "111-lo.c-
Date Received oL l ~
Application fee received $ I co. 00
Site map
Budget
Certificate of insurance
Hold Harmless agreement
Security plan
Waiver alcoholic beverage
Railroad approval
Coast Guard approval
501 c(3) or (d) certificate or letter
Health Department approval
Fire Inspector approval
Police Department approval
Public Works approval
Parks and Recreation approval
City Commission approval
3
American Craft Endeavors
9th Annual Downtown Delray Craft Festival
February 25 & 26, 2006
PROPOSED BUDGET FOR FEBRUARY 2006
Income
Number of Crafters 110 Crafter Revenue $16,500
Number of Food Vendors 3 Food Vendor Revenue $1,049.40
Total Revenue $17,549.40
EXPENSES
Advertising:
Boca Raton News Expense $708.50
Palm Beach Post Expense $1,551.12
South Florida Newspaper Expense $325.00
Sun Sentinel Expense $1,544.80
Advertising SubTotal $4,129.42
Services :
Permit Palm Beach County Health Expense $25.00
Signage AA Sign Lines Expense $600.00
Sanitation - Portolets Able Sanitation Expense $503.50
Sanitation - Dumpsters Southern Waste Expense $746.36
Sanitation Tents 4 Events Expense $425.00
Barricades Bob's Barricades Expense $350.00
Security City Of Delray Beach Expense $1,059.08
Rentals Tents 4 Events Expense $400.00
Graphics for advertising Expense Expense $75.00
Payroll Helayne Stillings & Staff Expense $1,677.80
Rental Property Delray Joint Venture Expense $2,000.00
Lodgings and meals, travel Expense $400.00
Two Million Dollar liability ins policy Expense $650.00
Administrative Overhead telephone, mailings,etc Expense $1,100.00
Service SubTotal $10,011.74
Total Expenses $14,141.16
Show Profit $3,408.24
N.E. 2nd Street
N.E. 1st Street (open)
xxxxxxxxx
-+-1-95
~.s<1>
o"""~
.c . <1>
(/)w>
iwJ <t.
XXXXXXXXX
East Atlanic Avenue (open) Beach____
xxxxxxxxx
<1>
:::J
C
<1>
O~ ~
.c .c e- l'o-+-\4~ ~ ':\)~"R
(/):f
w Library
C1)
xxxxxxxxx
S. E. 1 st Street - Bypass (open)
. - . - Represent booths
- not actual amount or scale
S.E. 2nd Street
American Craft Endeavors
De1ray Layout
Ul!l1/2005 05: 27
'35447238'31
HOWARD ALAN
PAGE 17
HOLD HARMLESS AGREEMENT
THIS HOLD HARMLESS AGREEMENT. is entered into this ~ day of
~, 200~ and between the CITY OF DEL~Y BEACH, FLORIDA, a Florida
municipal corporation. (hereinafter referred to . as .'CITY;) and
~~~~.;~/~a.d~~ereinafter referred to as "EVENT
I
SPONSOR").
WIT N E SSE T H:
WHEREAS, EVENT SPONSOR seeks to hold a special event known as
. qtt. ~ ~ h.4~~t.l..-to be held ~-' <t Jb <-~l ~6 b
(hereinafter referred to as the "Event"); and
WHEREAS, the Event will be held within the City limits of Delray Beach; and
WHEREAS, the City Commission has determined. that such an Event promotes the
public's health, safety and welfare.
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.
Indemnification.
EVENT SPONSOR, for good and valuable consideration,
agrees to defend, indemnify, and hold harmless the CITY, its agents, officers, employees and
servants from any and all suits, causes of action or any claim whatsoever made; and damages;
which may result from any activity conducted by EVENT SPONSOR, its agents, employees,
assigns or contractors, in relation to the Event.
RECFIVED
DEe 0 6 2005
CITY CLERK
2/01/2005 05:27
9544723891
HOWARD ALAN
PAGE 18
2
2/01/2005 05:27
9544723891
HOWARD ALAN
PAGE 19
IN.WlTNEss WHEREOF~ the parties hereto have entered into this agreement the
day and year first 'Mitten above.
A nEsT:
CITY OF DELRAY BEACH, FLORIDA,
a Florida m corporation
By: ~_ ~ \),\\~
City Clerk
By:
. Approved as to Form;
By: CL~
tyJ-A.. City Attorney
WITNESSES:
(print or type name)
(print or type name)
STATE OF FLORIDA .
COUNTY OF -B~J
The foregoing. instrtqent -was acj:r}owIedged ~fore me this 1 ~ ~ of
Ocltt,.,.../ · 200!by W'o.r . '::ri. (name of officer or agent, title of
officer or agent) of ~ - _~ Ev,-~ (name of cotpOration
acknowledging), a J1:ov'~' . ~ ot ~ ~on) corpomtion. on behalf
of the corporation. He/She is __ onaJI_ ~_ to me or has produced
(type of i entification) as identification and did (did not) take
(SEAL)
an oath.
f) MARK A.
. 1~ MY 00I.fAfJSs1ON, OD 281l1B
. EXPIRes: ~11 2rXf!
Ib!lIld 1llnll'ttly PIII*~
3
'2/01/2005 05:27
9544723891
HOWARD ALAN
PAGE 20
EXHIBIT A
INSURANCE REQUIREMENTS OF THE CITY OF DELRAY BEACH
Initials
EVENT SPONSOR shall not commence operations under the teons of this Agreement
until certification or proof of insurance, detailing terms and provisions of coverage, has
been received and approved by the City of Delray Beach Risk Manager. If you have any
questions call (561) 243~7150.
The following insurance coverage shall be required.
A. Worker's Compensation Insurance~ as required by law, covering all employees
and providing benefits as set forth in Chapter 440, Florida Statutes and inclUding
Employers Liability coverage, regardless of the size of. your fum. EVENT.
SPONSOR further agrees to be responsible for employment, control and conduct
of its employees and for any injury s~ned by such employees in the course and
scope of their employment.
~ ...... .'. '........... .
B. Comprehensive commercial general liability insUrance to include coverage for
premises and operations. independent contractors, broad form contractual
liability, personal injury,- and..if ~tems are sold, products and/or liquor liability, in
connection with the eontra.~~~ ,relationship and activities being done under this
agreement. The oolicy mltbe.endorsed to include the City ofDelrav Beach and
it's desi2l1ees named as additional insureds.
The insurance will be V!.ritte~ pn.. an occurrence basis With the limits of liability
not less than $1,000,000.00 combined single limit per occurrence~and as an
. annual aggregate, co:verj.pgp.~9Uy.~juty, property damage and personal injury.
. ... , '. .;j ~ ,. ~:.~ I'
c. Motor Vehicle Liability. I~praiJ.ce covering all vehicles associated with the
Licensee's operations to inclu<<;l.~ ~\l o~ed~ non-owned and hired vehicles.
:j ';.1;' . l'f,,::J . .
The coverage will .~ .vro.tten on' an occurrence basis with limits of liability not
less than Sl.000,OOO.qo combined single limit per each occurrence. .
<I'.. I ".
D. The certificatio~ ~r.p~(. ~f i~ce m~ contain a provision for notification to
the City thirty C~O) days in. a~vance .of any material change in coverage, non-
renewal or cancellation..:. .,' .:,'.;.. " .
EVENT SPONSOR shali ~is4,;~j){~'.~itr, 'Gertificate(s) of Insurance evidencing
insurance required by the provisionsset"fortli abOve, days prior to the holding
of the event If so requested by.~ qty, certified copies of insurance policies will be
provided by EVENT SPONSOR. :. ~,.,; ;
,. .
If any of the above coverage's'" ~iPi~~ during the term of this agreement, EVENT
SPONSOR will provide a rene~al Ct;lr#fI.~ate at least ten (10) days prior to expiration.
Mail to; City of Defray Beach, Attn.llj;k'M:an~ger, 100 N.W. 1st Avenue, Delray Beach, Floridll
33444 with a copy to AssIstant City.~~~~gr:r;'100 N.W. 1ft Avenue, DelrllY Beach, Florida 33444
Insut\lll\ee prov Sp Event FORM.agt
,I ".. . . . ~ . . . ._
~ i. '. ~ ~ . :.. ..i .
CERTIFICATE OF INSURANCE ISSUE DATE (MM/DlY't'Y)
1189429 10/20/05
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
K & K Insurance Group, Inc. AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS
1712 Magnavox Way CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE
P.O. Box 2338 COVERAGE AFFORDED BY THE POLICIES BELOW.
Fort Wayne, In 46801
COMPANIES AFFORDING COVERAGE
INSURED COMPANY A
LETTER GREAT AMERICAN ASSURANCE COMPA
HOWARD ALAN EVENTS LTD (SEE GAI3001)
9695 W. BROWARD BLVD. COMPANY B
PLANTATION, FL 33324 LETTER
COMPANY C
LETTER
COVERAGES
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.
CO. TYPE OF INSURANCE POLICY NUMBER ~LICY EFFECTIVE POUCY EXPIRATION
LTR ATE (MWDDNY) DATE ~ LIMITS (in thousands)
General Liability 12:01AM 12:01AM General Aggregate $ NONE
A IX] Commercial General Liability PAC0788942203 3/05/05 3/05/06 Producls-ComplOps Aggregate $ 5000
D Claims Made IKJOccur. Personal & Advertising Injury $ 1000
DOwner's & contractors Prot. Each Occurrence $ 1000
D Fire Damage (Any one fire) $ 300
Medical Expense (Any one person) $ <;
Participant Legal Liability $ N/A
Automobile Liability 12: o lAM 12:01AM Combined
A D Any auto PAC0788942203 3/05/05 3/05/06 Single $ 1000
Limit
a All owned autos Bodily
Scheduled autos I~~,ry "' $
r .....rson
IX] Hired autos Bodily
Ii] Non-owned autos Injury $
I{';"r accident'
D Garage Liability Property
D Damage $
Ii] Excess Liability 12:01AM 12: o lAM Each Aggregate
A STRAIGHT EXC0788942303 3/05/05 3/05/06 Occurrenca
Ii] other than Umbrella form $ 1000 $ 1000
Workers' Compensation Statutory
and $ Each Accident
Employers' Liability $ Disease-Policy limit
$ Disease-Each Emplovee
AD&D $
Participant PrimarY Medical $
Accident Excess Medical $
Weeklv Indemnity . $ X
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESJRESTRICTIONSISPECIAL ITEMS
THE CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED BUT ONLY WITH RESPECT
TO LIABILITY ARISING OUT OF THE ACTIVITIES OR OPERATION~/OF T'E'~D INSURED.
RE: 9TH ANNUAL DOWNTOWN DELRAY BEACH CRAFT FESTIVAL ON 2 25-2 26 06
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CITY OF DELRAY CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE
100 NW 1ST AVENUE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS
DELRAY BEACH, FL 33444 WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO
THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE
NO OBLIGATION OR LIABILITY OF ANY K\1 UPON THE
COMPANY, ITS AGENTS OR REPRESENTATIV~ /l
AUTHORIZED REPRE.SEtffAT1~. <t:: ~ ~ VI
~.~ .J
Sl39 / ~ :) 1-92
C-.
AMB
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CTIY MANAGER~
SUBJECT: AGENDA ITEM # '8. f<- - REGULAR MEETING OF JANUARY 3,2006
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE:
DECEMBER 30, 2005
Attached is the Report of Appealable Land Use Items for the period December 12, 2005 through
December 30, 2005. It informs the Commission of the various land use actions taken by the designated
boards that may be appealed by the City Commission.
Recommend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
S:\City Clerk\agenda memos\apagmemo 010306
TO:
DA~V.~RD
PA~~L1NG, 01
OR OF PLANNING AND ZONING
NERir6u~1 ~
MEETING OF JANUARY 3, 2006 *CONSENT AGENDA *
REPORT OF APPEALABLE LAND USE ITEMS DECEMBER 12, 2005 THRU
DECEMBER 30, 2005
THRU:
FROM:
JASMIN ALLEN, P
SUBJECT:
The action requested of the City Commission is review of appealable actions which were made by
various Boards during the period of December 12, 2005 through December 30, 2005.
This is the method of informing the City Commission of the land use actions, taken by designated
Boards, which may be appealed by the City Commission. After this meeting, the appeal period
shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the
LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken
by an approving Board. It also provides that the City Commission may file an appeal. To do so:
1. The item must be raised by a Commission member.
2. By motion, an action must be taken to place the item on the next meeting of the Commission
as an appealed item.
No appealable items were considered by the Planning and Zoning Board. The following items
which were considered by the Board will be forwarded to the City Commission for action:
. Recommended approval (5 to 0, Gary Eliopoulos stepped down and Johnny Kincaide
absent) of a rezoning from POD (Professional Office District) to RM-10 (Medium Density
Residential -10 units per acre) for a 1.77 acre parcel to be known as Palm Trail Carriage
Homes located on the west side of Palm Trail, north of George Bush Boulevard.
. Recommended approval with conditions (6 to 0), of a conditional use request to allow the
establishment of an outdoor amphitheatre at the Susan Williams and S.D. Spady Cultural
Arts Center site, located on the west side of NW 5th Avenue between NW 1 sl Street and
Martin Luther King Jr. Drive.
. Recommended approval (6 to 0), of a privately initiated Amendment to the Land
Development Regulations to Section 4.3.4(J)(1) "Height", Section 4.6.18(B)(14 )(i)(3)
"Buildings within the Downtown Area", and Appendix "A" "Definitions" to regulate sloped
parapets.
. Recommended approval (6 to 0), of a City initiated amendment to the Land Development
Regulations Section 4.6.9(C)(8)(a) "Off-Street Parking Regulations" to establish standards
for reserved spaces for mixed use developments utilizing the shared parking tables.
City Commission Documentation
Appealable Items Meeting of January 3, 2006
Page 2
· Recommended approval (6 to 0), of a combined preliminary/final plat for Tropic Cay, an 8-
unit townhouse development located at the southeast corner of Frederick Boulevard and
Fladell's Way (Avenue "F").
A. Postponed with direction (6 to 0, Christina Morrison absent), a request for a color change for
Town and Country Estates, located on the north side of Dotterel Road, east of Jaeger Drive
(509 Dotterel Road).
B. Approved (6 to 0), a request for a color change for Abbey Delray South, located on the east
side of Homewood Boulevard, south of Linton Boulevard (1717 Homewood Boulevard). The
Board postponed the proposed color change for the single family component of the
development with direction for the use of different colors.
C. Approved (6 to 0), a Class I site plan modification request associated with the installation of
two storefront windows and a double entrance door for The Tan Company, located at the
southwest corner of Military Trail and West Atlantic Avenue (5030 West Atlantic Avenue).
D. Approved with conditions (5 to 0, Dan Carter stepped down), a Class IV site plan modification,
landscape plan and architectural elevation plan associated with the addition of a 5,075 sq. ft.
auto repair facility for Arnst Ocean Automotive, located on the west side of Congress
Avenue, north of West Atlantic Avenue (220 North Congress Avenue). Concurrently, the
Board recommended that the City Commission approved waivers for the driveway entrance
width and drive aisle to exceed the required maximum width of 24 feet.
E. Approved (6 to 0), a extension request for an additional 18 months (expiring June 14, 2007)
for the House of Floors, a proposed 18,248 sq. ft. industrial building, located at the southeast
corner of SW 10th Street at SW 10th Avenue.
1. Approved (5 to 0, Randee Schatz and Francisco Perez-Azua absent), a request for a
Certificate of Appropriateness and variance associated with the installation of a trellis at 236
Dixie Boulevard, located on the south side of Dixie Boulevard, between NE 2nd Avenue and
NE 3rd Avenue.
2. Approved (5 to 0), a Class V site plan, architectural elevation plan, landscape plan and a
request for a Certificate of Appropriateness, associated with the demolition of existing
structures and construction of a five level parking garage containing 523 parking spaces and
16,500 sq. ft. of retail/commercial space for the Old School Square Parking Garage, located
on the south side of NE 1st Street, between NE 1st Avenue and Pineapple Grove Way (NE 2nd
Avenue). The request for the demolition of the existing structures was approved on a 4 to 1
(JoAnn Peart dissenting) vote.
By motion, receive and file this report.
Attached: Location Map
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting -
January 3, 2006
SPRAB
A. TOWN & COUNTRY ESTATES
B. ABBEY DELRA Y SOUTH
C. THE TAN COMPANY
D. ARNST OCEAN AUTOMOTIVE
E. HOUSE OF FLOORS
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.. DIGITAL BASE MAP SYSTEM..
MEMORANDUM
TO:
SUBJECT:
MAYOR AND CIlY COMMISSIONERS
CIlY MANAGER M
AGENDA ITEM # <?5 5 - REGULAR MEETING OF JANUARY 3,2006
AWARD OF BIDS AND CONTRACTS
FROM:
DATE:
DECEMBER 30, 2005
This is before the City Commission to approve the award of the following bids:
1. Purchase awards to Duval Ford in the amount of $167,776.00 for the purchase of
seven (I) 2006 Ford Crown Victorias with pursuit packages; and to Classic
Chevrolet in the amount of $39,044.00 for the purchase of two (2) Chevrolet
Impalas with pursuit packages; via the Florida Sheriffs Association Bid #04-12-
0823 Rollover for the Police Department. Funding is available from 001-2111-521-
64.20 (General Fund/Automotive) and 001-2115-521-64.20 (General Fund/
Automotive).
2. Contract award to Murray Logan Construction, Inc. in the amount of $48,500.00
for annual Lift Station Rehabilitation. Funding is available from 442-5178-536-
68.15 (Water/Sewer Fund/Lift Station Rehabilitation).
3. Bid award to Rosso Paving & Drainage, Inc. in the amount of $106,872.50 for the
construction of a U.S. 1 turn lane into the site of the new Intracoastal Park.
Funding is available from 334-4174-572-68.10 (General Construction Fund/
Intracoastal Park-US 1 Turn Lane).
4. Approve a purchase order to ConVault in the amount of $22,359.95 for the
purchase of a 3,000 gallon above ground fuel tank for the South Pump Station Fuel
Tank Relocation Project. Funding is available from 441-5161-536-34.85
(Water/Sewer Fund/Other Contractual Services/SCRWID Board).
5. Contract award to Delta Petroleum & Industrial, Inc. in the amount of $17,705.00
for the installation of a Con Vault diesel fuel tank for the South Pump Station Tank
Relocation Project. Funding is available from 442-5178-536-46.90 (Water/Sewer
Renewal & Replacement Fund/Other Repair/Maintenance Costs).
6. Contract award to Quality Transport, Inc. in the amount of $840,840.00 for an
initial three (3) year contract (totaling $1,401,400.00 if extended to 5 years) to
provide shutde services in the downtown area. Funding source will be provided on
Tuesday.
Recommend approval of the above bids and purchases.
S:\City Clerk\agenda memo\Bid Memo 010306
MEMORANDUM
TO: David Harden, City Manager
FROM:
Jacklyn Rooney, Purchasing Manager
~
THROUGH: Joseph Safford, Finance Director
DATE: December 20, 2005
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
JANUARY 03, 2006 - PURCHASE AWARD
POLICE PURSUIT VEHICLES VIA THE FLORIDA
SHERIFFS ASSOCIATION BID #04-12-0823 ROLLOVER
Item Before Commission:
City Commission is requested to approve award to Duval Ford and Classic Chevrolet for the
purchase of seven (7) Ford Crown Victoria's w/pursuit packages at $23,968 ea. ($167,776 total)
and two (2) 2006 Chevrolet Impalas w/pursuit packages at $19,522 ea. ($39,044 total) for the
Police Department via the Florida Sheriffs Association Bid #04-12-0823 ROLLOVER for a
grand total of $206,820.
Background:
The City of Delray Beach Police Department has requirements for the purchase of seven (7)
additional vehicles for take home Police Patrol cars and two (2) Community Service Officer
vehicles. See attached memo from Police Dept. and Fleet Dept. dated December 15,2005.
These vehicles are available from the Florida Sheriffs Association Bid #04-12-0823
ROLLOVER Contract. Attached is a copy of the Florida Sheriffs Association pricing sheets for
the vehicle awards and the additional options available chosen by the Police Department.
i.
Recommendation:
Staff recommends award to Duval Ford for the purchase of seven (7) 2006 Ford Crown
Victoria's wlpursuit packages for the total of $167,776 and to Classic Chevrolet for the purchase
of two (2) 2006 Chevrolet Impalas w/pursuit packages for the total of $39,044 for the grand total
purchase amount of $206,820.
Funding from account code 001-2111-521-64.20 for the seven (7) patrol vehicles for $167,776
and 001-2115-521-64.20 for the two (2) Community Service Officer Vehicles for $39,044.
Attachments
Memo from Police Department
Florida Sheriffs Association Specifications
Cc: Kevin Rumell, Fleet Superintendent
Tina Lunsford, Administrative Officer
~ :S.1.
Page 10f2
Rooney, Jackie
From: Nadal, Patsy
Sent: Thursday, December 15, 200512:55 PM
To: Rooney, Jackie
Subject: FW: New Vehicle Purchases
Did Kevin speak to you on this?
-----Original Message-----
From: Lunsford, Tina
Sent: Tuesday, December 13, 2005 1:51 PM
To: Nadal, Patsy
Cc: Milenkovic, Joseph; Rumell, Kevin
Subject: New Vehicle Purchases
Per Kevin Rumell, I am forwarding this to you.
This is a list of vehicles to be purchased as additional vehicles to the fleet, and need to be placed on the
consent agenda for city commission meeting on December 27,2005. They are additional take home
Police patrol cars and Community Service Officer vehicles. Funding is available from 001-2111-521-
64.20 for the seven Patrol Vehicles and 001-2115-521-64.20 for the CSO vehicles. These vehicles are
being purchased through the Florida Sheriffs Assoc. Contract Bid # 04-12-0823 Rollover. I am
preparing a budget transfer of$9,186.00 to go into account #001-2111-521-64.20.
Vendor Contacts:
Duval Ford - Nelson Eason (904) 388-2144
Classic Chevrolet - Peter Popiel (407) 298-1535
Item 1
Seven (7) 2006 Ford Crown Victorias w/pursuit package; FSA contract spec. #0 I $18,723.00
Code 45C Limited Slip Differential 125.00
Code 157 Rear Door Locks & Handles Inoperative 25.00
Code 948 Rear Windows Inoperative 25.00
Code 3K Third Kev 78.00
Code RSF Rainshields 87.00
Code 478 Courtesv Light Disabled 20.00
Code l4T Kevlar Trunk Package 190.00
Code 61H Factory Ignition Powered Trunk Release 60.00
Code 51A Left Hand Pillar Mounted 6" Spotlight 190.00
Code R5000 Go Rhino Push Bumper 272.00
Code SIOS Setina # 10 Lexan Cage 598.00
Code 5175E Manufacturer's Extended Extra Care Warranty 3,575.00
Total(eachY: $23,968.00
$16,154.00
25.00
12/1512005
Page 2 of 2
Code RSF Rainshields 139.00
Code 7X6 Left Hand Pillar Mounted 6" Spotlight 200.00
Code R5000 Go Rhino Push Bumper 363.00
Code MAJOR Manufacturer's Extended Major Guard Warranty 2,560.00
Code KSTR Relocate Full Size Spare Tire 81.00
Total (each): $19,522.00
5ina .e. .l!un6fwuL
Administrative Officer
Delray Beach Police Department
(561) 243-7852
12/15/2005
administrative non-pursuit. utility vehicles, trucks & vans, and other fleet equipment tailored to
their specific needs. in a prompt and timely manner.
One of the unique characteristics incorporated into this program which distinguishes it from others
is that this Bid Contract is awarded to the lowest responsible bidder by manufacturer by specifi-
cation by zone for all police package vehicles and to each of the lowest responsible bidder(s) by
manufacturer by specification by zone for all non-police package vehicles. Whereas. under the State
Contract the bid is awarded only to the single lowest bidder by zone.
The Florida Sheriffs Association. Florida Association of Counties and Florida Fire Chiefs' Association
realize that Sheriffs' Offices, Police Agencies and other units of local governments differ from the
state in that they must provide economically based maintenance and stocked parts for their fleets.
They must consider overall operational cost of their vehicles instead of just considering "Low Bid"
on the purchase of the vehicle. This program's bid award system not only provides the purchaser
with the means to make sound decisions on dedicated fleet needs, but also offers the convenience
of shopping and purchasing from a single contract.
IMPORTANT NOTE: The manufacturer's have announced that they would be producing limited
quantities of pursuit vehicles this year and that orders would be processed on a first come first
serve basis while quantities last. To be on the safe side, we are advising all agencies to place
their orders for pursuit vehicles as soon as possible to ensure delivery of product.
On a final note, prospective purchasers are reminded that pursuant to Florida State Statute all fees
(title, application plate transfer. etc.) are included in the base price for each vehicle. Purchasing
agencies which elect to do their own title work, may wish to consider seeking reimbursement from
the dealership for those transfer fees already included in the base price of each vehicle,
The Florida Sheriffs Association's, Florida Association of Counties' and Florida Fire Chiefs' Association's
bid award for full size (pursuit and administrative), mid size (pursuit and administrative), utility
vehicles, trucks and vans, and other fleet equipment are as follows (zones indicated with a * =
specification low bid):
FULL SIZE PURSUIT VEHICLES- RWD {Specification IOI}:
Name of Dealership
Type Vehicle
Zone
Orville Beckford Ford-Mercury
Duval Ford
Don Reid Ford
Duval Ford
* Western
* Northern
* Central
* Southern
Ford Crown Victoria
Ford Crown Victoria
Ford Crown Victoria
Ford Crown Victoria
FULL SIZE PURSUIT VEHICLES - FWD {Specification #02}:
Classic Chevrolet
Classic Chevrolet
Classic Chevrolet
Classic Chevrolet
Chevrolet Impala
Chevrolet Impala
Chevrolet Impala
Chevrolet Impala
* Western
* Northern
* Central
* Southern
FULL SIZE UTILITY VEHICLES - RWD (Police Packaee) {Specification #03}:
Garber Chevrolet. Inc.
Garber Chevrolet, Inc.
Classic Chevrolet
Maroone Chevrolet. LLC
* Western
* Northern
* Central
*Southern
Chevrolet Tahoe 1500
Chevrolet Tahoe 1500
Chevrolet Tahoe 1500
Chevrolet Tahoe 1500
12
Base
Unit Price
S 18,873.00
$ 18,723.00~
$ 18,758.00
$ 18,872.00
$ 16.223.00
$ 16.195.00
$ 16.120.00~
$ 16,154.00, .
$ 24.440.00
$ 24.440.00
$ 24,399.00
$ 24,345.00
Bid Award Announcement (04-12-0823 ROLLOVER)
AGENDA ITEM NUMBER:
~;) ,t-
AGENDA REQUEST
Request to be placed on: December 27,2005
Date: December 20, 2005
~ Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
Purchase of seven (7) 2006 Ford Crown Victoria's w/pursuit packages @ $23,968 ea. from Duval
Ford for the total amount of $167,776 and two (2) 2006 Chevrolet Impalas w/pursuit packages
from Classic Chevrolet at $19,522 each for a total of $39,044 via the Florida Sheriffs Association
Bid #04-12-0823 ROLLOVER for a grand total purchase amount of $206,820.
ORDINANCE/RESOLUTION REQUIRED:
Draft Attached:
YES
YES
NO
NO
Recommendation:
Award to Duval Ford for the purchase of seven (7) 2006 Ford Crown Victoria's at $23,968 ea. for
the total of $167,776 and to Classic Chevrolet for the purchase of two (2) 2006 Chevrolet Impalas
w/pursuit packages @ $19,522 ea. for the total of $39,044 via the Florida Sheriffs Association
Bid #04-12-0823 ROLLOVER for the grand total purchase amount of $206,820.
Funding from account code 001-2111-521-64.20 for $167,776 and 001-2115-521-64.20 for
$39,044.
Department Head Signature: ::>: ~ ~
Determination of Consistency with c~mprehe~ve Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes...........::SS No
aSI' $"" 0 "lol' t~..,.,'tJD.
.
,. uu.
-
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Funding alternatives:
Account Number: :Sil aboVf..--.
Account Description: /fu.ftJ JIl'l-Oh' V.c
Account Balance: ~20tP~ <i3 2D as /; -5-kj. tlbcrY'e-
(if applicable)
'+, ctCO ~, r.r _ <<-"."t,.c:.
- .,:')~
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;
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1r'a~ r-
City Manager Review:
Approved for agenda:8 [170 No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved
Disapproved
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN
D
u
M
www.mydelraybeach.com
TO:
David T. Harden, City Manager () r~
Richard C. Hasko, P.E., Environmental Services Director ~
FROM:
SUBJECT:
LIFT ST A nON REHABILIT A nON
DATE:
December 28, 2005
Attached are quotes from Chaz Equipment Company and Murray Logan Construction for furnishing
labor, equipment and partial materials for rehabilitation of lift stations #54, #54A, #61A and #90 (see
attached location map). Quotes total $51,200 and $48,500 respectively. The scope of work includes
isolation of the stations utilizing by-pass pumping procedures, reconstruction of the wet well inverts
(fillets) and removal and replacement of pump bases, guide rails, brackets, risers and all associated
mechanical equipment internal to the wet well structure. New pumps are being purchased separately
through the City's annual pump contract and will be installed to complete the rehabilitation of each
facility. The SewperCoat proposal in the Chaz quote can also be provided by Murray Logan,
however, maintenance staff does not feel that the product sufficiently enhances the life expectancy of
the structures to justifY the cost of application. The quotes stated above do not include the
SewperCoat application.
Based on provision of the lowest quote, staff recommends award of the lift station rehabilitation
contract to Murray Logan Construction in the amount of $48,500. This award is based on a piggy
back of an existing contract between Murray Logan Construction and the Northern Palm Beach
County Improvement District for Minor Projects-General Contracting Services (excerpts attached).
Funding for this contract is available after budget transfer in Water & Sewer Renewal & Replacement
Fund Account #442-5178-536-68.15, Lift Station Rehabilitation.
Please place this item on the January 3,2006 agenda for consideration by City Commission.
Cc: Bob Bullard, Utility Maintenance Manager
Milton Willingham, Utility Maintenance Supervisor
8s~
Excellence
Since
1968
. MURRAY LOGAN CONSTRUCTION, INC
General Contractors
313 65TH TRAIL NORTH
WEST PALM BEACH, FLORIDA 33413
TELEPHONE (561) 686-3948
FAX (561) 686~7465
/~
December 14,2005
4itn: Mf.Harold Williamsf(Jtility Supervisor
City of Del ray Beach ~
434 S.Swinton Ave.
Dekay Beach, F1.33444
~eference: Rehabilitation Pump Stations # 54, 54A, 61A & 90
. pearMf. Williams:
Per our recent field visit regarding the above reference pump stations, Murray Logan
Construction, Inc. submits the following proposal for your review.
Scope
Furnish and install the following items stainless steel base plates, ductile iron riser pipes,
stainless steel bolts with gasket sets, ductile iron mega flanges, bypass pump and concrete
t100l! restoration if required. City of Dekay Beach furnished items; electrician to
disconnect and reconnect pumps, Vac-truck to clean station, base elbows, and guide-rail
. pipef and guide rail brackets asrequired.
Lump sum = $48,500.00
. Ip. Closmg, if I can be of any further assistance to you, please do not hesitate to call me. ii
I .
NORTHltRN f.~AL,M BEACH COUNTY IMPRON.o. 21}JNiP'u2STRICT
357 HIATT OR IIII':. f'A)..M 8F.ACf~ QAROENS. l"LO!~IOA ~;'\41 e . ~o i..e~4-1630 . 1'",1( 5111-G24."f.l:;~
\
J!;~'rENSION M1ENDME~T TO AGREEMENT
DATE OF ISSUANCE: June 22,2005
OWN.IUt.:
Northel'.u Palm Beach County Improvement District
357 Hiatt Drive
Palr,n Beach Gardens, Flo!'jda 33418
CONTRAC'fO.~: Murray Logan Construction, Inc.
31165lh Trail North
West J>ahn Beach, FL 33413
SUBJECT CONTRACT: Min?' Projects ~ Gell~ral.COl1lfacting Services
~......-c::=========:====~==================_~-:=~====;:=~_-===.
YOU ARE I-IER.E:BY. NOTIFIED that the above Contract, as previously amended, is hereby.
extended and made subject to the following provisions:
1. Contract tenn is e'!:tended froll1 October 1,2005 through September 30, 2006.
2. Contract price for ex:tended term is to be paid in accordance with the existing
COllll'a<;t Unit Price Schedule.
====~~~_""--===--::--_-'-_--_--====~,::=lr=.===~__;:::;;a:w==:::.:!::================:
. . .
RECOMM.J.r.N 'DE>>: :~
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by v--" .. .y - .
1Jeput;cclor. (~t~~ooro
Dated~~...5, Dated:~li
APP~.
bye. '
ContractorDw.4 .~wa.
Dated: (p ,.~~ lor-' ,
Vlsrr OUIl WIH3$rfE Ar WWW.NPBCID.OR<i
* .....rmOl'rl"'-'rr.1lfJW'(.
Dec.2L 2005 6:06PM
..'e/letICe
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.1968
lJ-JURRAY LOGAN CONSTRUCTION, INC
Getre,.al ContractDr$
3lJ 65TH TRAIL NORTH
WEST PA.LM BEACH. FLORIDA 3H13
TELEPHONE (S6\) 686.3948
fAX (;61) 686.1465
Northero Palm Beach County Improvement District
357 Hiatt Drive
Palm Beach Gardens, Fla. 33418
Re.: Annual Contract
Please add the following rates for equipment:
Lowboy......,......... .... ................. $150.00 I hr
3 cy Backhoe..... .... ..... ............... ...$1.50.00/ hr
Lowboy for crane......................... ..$75.00 I hr
L120 Loader... ........ ........... ..... ... ...$80.00 I hr
LSI 08A Crane... ........... ............ ....$150.00/ hr
Pickup wI tools."............... .......... .$15.00 I hr
Fuel truck... . .. ... . . . -- --...... ... .... .. . .. ..$70.00/ hr
Thank YOll
~r."" ~
Edward F. 0' y
V ice Pres' ent
No.2175 p. 6
/~
6: 1 7PM.
., '.. No.2175 p. 36
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SCHEOtJLE OF EQUIPMENT AND OPERATOR RATES.~ ... .P: . '..:
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'"'~. Dec. 27.. 2005
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Description
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.) Man Crew w/Pickup Truck
Supervisor
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ay [:abor ... ...
radall
Ed Loader
Rubber Tire Backhoe/Loader
rack Back.hoe 11'1 c~ "\ \'I,-c';'\.
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Wellpoinl System
Jet Fump
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Weld1D~ Machme
Portable Generator
QUick Cut Saw
AsphaltlConcrEre Saw
Steel Wheel Roller
Plate 1 amoer
Unit
UnIt Price.'.
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Hour
Hour
Hour
Hour
Hour
.. . Hour.. .
Hour
four
lour
four.
our
Hour
~our
Hour
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Equipment Rare includes operator, maintenance and fuel.
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BID FORM
00300.7
04l16fOl.N/UP
'f,-
F<mM : CH=lZ EQU I PI'E~lr ':0., H~C.
FA,O<; NO. : 5613332:00
Dec. 19 2806 08:31AM P.2
C!~~gc!~!'lr."1I111
3460 f.'rlanl Farm. Road, Suit. 8
w.mngton, Florida 33414
(581) 333-2109 Fax: (581) 333-2180
Lift Station Rehabilitation Proposal
City of Delray Beech Utllltie8
Mr. Rlch8l'd Hasko & Mr Robert Bullard
434 S. Swlnton Ave., Delray Beach, F133444
December 19, 2005
Tel: (581) 243-7306
Fax: (1561) 243-7344
Re: Pro~a. for RlhabllltaUon ot Uft Statio... &4. IWA. 81A & 10:
Gentlemen,
Please find below our propoui 10r the labor and materfal8 for bypaulng and rehabilitation of
L.1ft Slatlfl)l'18 54. S4-A. 61-A & 90 In accordance wlth the CItY af Delrav Beach Contract 2002-37;
Item 1; lift St.tlon No. 54 - Ab~ OeIray South - S.W. 28th Terrace (Acro.. from Crorawlnda)
Wet well dlrnenalonl (Precast) - 8' Diameter X 19' Deep;
(Xi) Bypass set-up for S" Influent g $2000 I 8a:
(X 1) 6" Bypua Pump - 3 d8'18 <I $200 I day:
Reconstruct 6' dta. Lift station fillet G $1OOO1ea:
Remove & replace City-aupplied pump bases, guide ralls, brackets &
replace Chez-supplied 4" riser pipe & top 90 elbows (60% of "'8):
[Total Option'1 (without SewperCoat):
$2,000.00
$600.00
$1,000.00
Add 8ewDerCott
SewperCoat ToIal of 401 square feet C $18/1.1:
Removal of existing bltumastlc coating CD rTls.f:
I Total Option trl (With S8V!P8rC08t):
$8,400.00
$12,000.00 I
$7,218.00
$2,807.00
$22.025.00 I
Item 2: Lift Station No. 84-A - Crosswinds Condos, 1~ Hom4JWCOd Blvd, & Azelia Ct.
Wet well dimensions (Precast) - 8' Diameter X 1ir Deep;
(X1) Bypael let-up for 10" Influent @ 83000 lea:
(X 1) 6" Syp., Pump - 3 dBV' <I $200 I day:
Reconstruct 8' die. Lift station fillet C $12OO1ea:
R8ITIOV8 & replace CIty-supplied pump baIe&, guide raUs, brackets &
replace Chaz-supplied 4" riser pipe & top 90 elbows (80% of '18):
I Total Option #1 (without SewperColt):
$3,000.00
$600.00
$1,200.00
Add 8.wD&rCoat~
SewperCoet Tote' of 562 squa... fat 41 S1818.f:
Removal of existing bitum8Stic coating CD $7/s.':
I Total Option #2 (with S8'Nf)8t"Coat):
$8,400.00
$13,200.00 I
PIg.1of2
$9,936.00
'3,884.00
~7.~OO I {.1
SW.RllQMr t~~
F"l<'QM : C~Z EQU I Pt'E~4T CO.. It ~C.
FA:': NO. :56~3332:'OO
Dec. 19 2085 00: 31AM P3
Item 3; LIft ltatlon No. 81-A . Atl.ntic & Mllttary (S.W. Comer) - Gold's Gym Plaza
Wet well dimensions (Precaet) - 6' Diameter X 16' Deep:
(X2) Bypass set-up tor elf Influent CD $2000 I..:
(X1) 6" eypa.. Pump - 3 dlYS G $200' day:
Reeonatruct 6' dll. Uft station fillet II $1000188:
Remove & replllCe City-supplied pump base8, guide raUl, brackets &
repface Chaz-aupplled 4" rtser pipe & top 90 eibows (60% of '18):
l TotIIJ Option", (without SewperCoat):
$4,000.00
$600.00
$1,000.00
~d 8ewDerCaat:
SewperC08t Total of 344 square feet a $18/s. f:
Removel r:i existing bltumaetlc coMing CD S7Js.t
I Total Option 12 (with SawperCoat):
$8.400.00
$14,000.00 I
$6.192.00
$2,408.00
$22,600.00 f
Item 4: un Station No. 10 - 4175 N.W. 10th St. (Lake Ide ro Sunflower to 10th)
Wet wen dimensions (Precast) - S' Diameter X 17.5' Deep;
(X 1) Bypass Nt-up for 8" Influent. $2000 I 88:
(X 1) S" Bypass Pump. 3 days 0 1200 I day:
RlICOn8truct e' dla. Lift station flilet " $1000188:
Remove & replace City...upplied pump bases. guide rans, brackllts &
repl8ce Chez-supplied 4" riser pipe & top 90 elbows (80% of #18):
I Total Option #1 (without SewperCoat):
$2.000.00
$600.00
$1,000.00
Add 8ewDerCaal;;
Sewpereo.t Total of 373 square feet 4>> $1818.1:
I Total Option _2 {with SewperCoat):
$8,400.00
$12.000.00 1
$6,714.00
$18,714.00 I
$51,200.00 I
$10,338;00 I
uldereUs, pump bases & acceuorle8. (to be supplied by City)
me the opportunity.
P8ge 2 of2
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AGENDA ITEM NUMBER: ~ ~ :.:L
AGENDA REQUEST
Date: December 28, 2005
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda
When:
January 3, 2006
Description of agenda item:
Staff requests Commission award of Lift Station Rehabilitation contract to Murray Logan
Construction in the amount of $48,500. Murray Logan provided the lowest quote for the scope of
work which includes by pass pumping, invert reconstruction and mechanical equipment
replacement for lift stations 54, 54A, 61A and 90. This proposal is based on an existing contract
between Murray Logan and the Northern Palm Beach County Improvement District for General
Contracting Services. Funding is available after budget transfer in Water & Sewer R&R account
#442-5178-536-68.15, Lift Station Rehabilitation.
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES
YES
NO
NO
x
X
Recommendation:
It-woS
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review
(required on all items involving expe~ of funds):
Funding available: ~ tH
No
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for Agenda:
(3
~
I
No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved:
Disapproved:
P.O. #
AGENDA ITEM NUMBER:
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN D
U M
TO: David T. Harden
FROM: Randal L. Krejcarek, P.E. $ ~ 0..X-
DATE: 17 Dec 2005
SUBJECT: Intracoastal Park - US 1 Turn Lane
Bid Award
Commission Agenda Item
Project # 2005-044
The attached agenda item is for Commission authorization/approval for the Mayor to execute a
contract with Rosso Paving, Inc. for construction of a turn lane into the site of the new
Intracoastal Park off of US 1, just south of SE 10th Street. The new turn lane will allow
southbound vehicles to make a left turn across northbound traffic to access the new marina.
Along with constructing a new turn lane off of US 1, the contractor will also remove the existing
turn lane just north of the proposed new turn lane.
The City and County entered into an inter-local agreement on 07 Jun 2005 in which the County
agreed to reimburse the City up to $125,000.00 for costs incurred for this project.
The cost of the bid award is $106,872.50.
Funding is available in fund 334-4174-572-68.10
The attached map shows the project location.
Also attached is the bid tabulation.
Please place this item on the 03 Jan 2006 Commission Agenda.
Thanks!
enc
cc: Richard Hasko, P.E., Director of Environmental Services
Joseph Safford, Finance Director
Carolanne Kucmerowski
file
S:\EngAdmin\Projects\2005l200~044\OFFICIAL \2006-01-03r2 agenda memo. doc
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~ ~ CITY of DELRA Y BEACH
~I ENVIRONMENTAL SERVICES DEPARTMENT
434 SOUTH BWM'ON A\I8IIUE, DB...RAY lEACH, FLOflDA 33444
B 0 U LEV A R D
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DATE: 12/05
U.S. HWY. 1 TURN LANE
Location Map
Project # 2005-044
1 of 1
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Date:
17 Dec 2005
AGENDA ITEM NUMBER: ~ ~::?
AGENDA REQUEST
Request to be placed on:
-1LConsent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When: 03 Jan 2006
Description of Agenda Item (who, what, where, how much):
Request for Commission authorization/approval for Mayor to exe~ co~c1t ~ith
Rosso Paving, Inc. for construction of a turn lane into the site of die n~~
US 1, just south of SE 10th Street. The new turn lane will allow southbound vehicles
to make a left turn across northbound traffic to access the new marina. Along with
construction a new turn lane off of US 1 the contractor will also remove the existing
turn lane just north of the proposed new turn lane. The cost of the bid award is
$106,872.50.
Staff Recommendation: AUl
Department Head Signature: . ~
-Jff2
ft--,q -..lj
City Attorney ReviewlRecommendation (if applicable):
Budget Director Review (required on all items in
Funding Available: Yes / No Initials:
Account Number 334-4174-572-68.10
Description Intracoastal Park - US 1 Turn Lane
Account Balance: $108.850.80
Funding Alternatives:
City Manager Review:
Approved for Agenda: &/ No Initials: ~
Hold Until:
(if applicable)
Agenda Coordinator Review:
Received:
s: \EngAdmin \Projects \2005 \2005-044\OFFI CIAL \2006-01-03 agenda. doc
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN
D
u
M
www.mydelraybeach.com
TO: DA VID HARDEN, City Manager
FROM: Rafael Ballestero, Deputy Director of Construction ~
SUBJECT: SOUTH PUMP STATION FUEL TANK RELOCATION, (PIN 2006-018)
Agenda Request; Con-vault Tank purchase for fuel tank replacement
DATE: DECEMBER 21, 2005
Attached is an Agenda Request for City Commission to approve a purchase order to Con Vault in
the amount of $22,359.95, for the purchase of a 3000 gallon above ground tank. Only one quote
was solicited for this tank, since Con Vault is the sole source supplier for these tanks. The
Con Vault tank was chosen since it does not require the construction of a secondary containment
structure.
The tank to be replaced is for the emergency generator at the South Pump Station located in the
Environmental Services Department complex. This tank will be installed by Delta Petroleum &
Industrial, under a separate purchase order.
Staff recommends approval ofa purchase order to ConVault, in the amount of$22,359.95.A copy
of their quote is attached for your review.
Funding is available from account # 441-5161-536-34.85, Other Improvements, after budget
transfer. Funding will be available from transfer source account when prior year rollover occurs.
cc: Richard Hasko; Director of ESD
Randal Krejcarek; City Engineer
Victor Majtenyi, Construction Manager
Scott Solomon, Water Sewer Network Manager, ESD
Paul DeCarolis, IPP Backflow Inspector, ESD
City Clerk's Office
Agenda F He 11/15/05
S:\EngAdmin\Projects\2006\2006-0 18\CONSTRC1\Agd memo Delta Petro.l.03.06doc.doc
8.&~
Ib-NAUL"l:1
Page: 1
Contract & Proposal
,cINio/IlII OOlKMtlep-J.~
Quote No.: SQ006498
PO Box 238
Wildwood. FL 34785
Phone: 800-642,1540
Fax: 352,748,6820
Quotation To:
Job/Location: City of Delray Beach [3000]
Delray Beach, FL 33445
Reference: Contact: Phone:
Order No. Date Customer No. Terms F.O.B. Quote is Valid for:
S007976 12/6/2005 002128 Cash on Delivery Jobsite 30 days
Qty. U1M Item No. W/H Description Mark Unit price Amount
1.00 Ea 2103000 CMF CVT30003SF 30YR W/Overspill 15,336.25 15,336.25
1.00 Pkg 3400650 CMF Diesel Accy Pkg 3000 GL. This 648.55 648.55
diesel package includes required
items such as: emergency vent[s],
regular pressure/vacuum
vent, 8' galvanized vent riser pipe,
krueger mechanical fuel level and
leak gauges, suction tube with
footvalve, all the steel caps to cover
the unused nipple openings, and
appropriate waming placards.
1,00 Pkg 3400850 CMF Remote Fill Rectangular Tank 1,998,90 1,998.90
To be site assemebled by contractor,
1,00 Ea 4587000 CMF OPW 61 F Stop Std 2" 969.00 969,00
1.00 Pkg 4570545 CMF EFG 8000A Solar Gauge Digital, 1,684.70 1,684.70
with a remote mountable head,
High and low levels set at 90% and
20% respectively, usable fuel.
1.00 Ea 3501090 CMF Interstitial Leak Switch 174.25 174,25
2.00 Ea 4570230 CMF Metal Guard Level/ Leak Top 29,75 59,50
1,00 Pkg 3409080 CMF Pad Neo Set 3000 gal. for ConVault 194,65 194.65
warranty .
1.00 Pkg 3409240 CMF Hurricane Hold Down Cables 177,00 177.00
fi:c=NAUL"I:'
.......aI OOMc..tfe~tIc
Page: 2
Contract & Proposal
Quote No.: 50006498
PO Box 238
Wildwood, FL 34785
Phone: 800,642-1540
Fax: 352-748,6820
Quotation To:
Job/Location: City of Delray Beach [3000]
Delray Beach, FL 33445
Reference:
Order No. Date
5007976 12/6/2005
Qty. U1M Item No.
1.00 Pkg 3409300
Customer No.
002128
Contact:
Terms
Cash on Delivery
Phone:
Quote is Valid for:
30 days
F.O.B.
Jobsite
W/H Description
CMF Fire/Spill Kit. This Fire/Spill kit
contains a 10 Lb., 60 B.C. fire rated,
fire extinguisher with case, and a 20
gallon "Peat Sorb" container, for
petroleum product spill cleanup,
Mark
Unit price
322,15
Amount
322,15
.
Ib-VAUL-.:I
Page: 3
Contract & Proposal
.-... OOl.........~
Quote No.: SQ006498
PO Box 238
Wildwood, FL 34785
Phone: 800-642-1540
Fax: 352-748,6820
Quotation To:
Job/Location: City of Delray Beach [3000]
Delray Beach, FL 33445
Reference:
Order No. Date
S007976 12/6/2005
Customer No.
002128
Contact:
Terms
Cash on Delivery
F.O.B.
Jobsite
Phone:
Quote is Valid for:
30 days
Qty. U1M Item No.
1,00 Ea 9000200
W/H Description
CMF Freight Only - No Off-loading,
Freight does not include offloading
and as our customer, you are
responsible for placing the tank on
the concrete slab, Tent. Delivery:
Twelve [12] to fourtween [14] weeks
ARO" approved credit and Project
Information Page,
Mark
Unit price
795.00
Amount
795.00
Thank you for the opportunity to
quote you today and good success
with this project. Prepared by: Dan
T. Rockefeller, Inside Sales, [800]
642-1540.
Not included are: Offloading,
installation, electrical, concrete slab,
permits, and taxes.
This quote includes only the items
listed, We are not responsible for
required items that are not quoted,
ConVault Florida recommends that
you purchase the Stainless Steel
upgrade if you are near a highly
corrosive environment like the
ocean or gulf, or a waste/water
treatment plant or other harsh
environments,
QUOTATION TOTAL: US
22,359.95
IMPORTANT: This proposal is based on standard terms and conditions. Items and quantities shown are the basis for the quotation, and we are not
responsible for any discrepancies between this list and actual items or quantities.
Sales Person: Dan Rockefeller
(Accepted by)
By:
(Position)
(Date)
The following Standard Terms and Conditions of Sale are an integral part of every OLDCASTLE PRECAST, INC. (hereinafter "SELLER") product offering, catalog, proposal
or quote. The Standard Terms and Conditions of Sale shall apply to all sales by SELLER unless alternate terms are enumerated in writing and specifically acknowledged as
superseding SELLER's Standard Terms and Conditions of Sale and approved by both SELLER and the PURCHASER in writing.
OLDCASTLE PRECAST, INC., STANDARD TERMS AND CONDITIONS OF SALE
I. This proposal is subject to the terms and conditions stated herein, and upon acceptance ofthis proposal, the entirety of these terms and conditions shall become part of the
Purchase Order CONTRACT between SELLER and the PURCHASER. PURCHASER certifies that it has examined, and is fully familiar with all terms and conditions of this
CONTRACT, and that PURCHASER enters into this CONTRACT with full knowledge of said terms and conditions. The CONTRACT also expressly incorporates by this
reference the Credit Application, if any, executed by PURCHASER and SELLER associated with SELLER's grant of credit to PURCHASER.
2. [Material Delivery.] Unless otherwise noted, prices include delivery F.O.B. Job Site, trucks with maximum legal loads. F.O.B. Job Site means truck delivery as close to the
job or accessible storage area as practical, with the truck operating under its own power. PURCHASER agrees to provide suitable access for SELLER's delivery trucks (without
pushing or towing of the truck), traffic control and labor (at least two (2) men) to assist in the off-loading of the materials. PURCHASER further agrees that the installation
location will be properly prepared and ready to receive the materials at the time specified. Standby time in excess of one (I) hour from the time of arrival of SELLER's trucks at
the designated point will be charged to the account of the PURCHASER.
3. [Risk of Loss.] When materials are specified to be sold F.O.B. Plant, delivery of said materials shall be accomplished at SELLER's plant, and PURCHASER shall bear all
risks ofloss, damage, injury or liability associated with transportation and placement of said materials. When materials are specified to be sold F.O.B. Job Site, delivery of said
materials shall be accomplished at the job site, and PURCHASER bears all risk ofloss or damage to said materials once delivery is accomplished by SELLER.
4. [Payment Terms.] Unless otherwise specified and subject to PURCHASER's credit approval, payment for materials furnished or installed under this CONTRACT is due
thirty (30) days after their receipt by PURCHASER, without any retention. If PURCHASER fails to make payment within thirty (30) days, interest will accrue on the unpaid
balance at 1.5% per month (or maximum allowed by the state laws of the SELLER's place of business), compounded monthly.
5. [Security Interesl.] In the event that PURCHASER fails to make timely payment for the materials specified hereunder, SELLER reserves a security interest in all materials
sold hereunder. In the event that PURCHASER breaches this CONTRACT, SELLER reserves the right to take repossession and title to said materials.
6. [Submittal Approval.] Unless otherwise stated, the materials sold under this CONTRACT are pre-engineered products which are manufactured in accordance with standard
catalog data, and were not intended for unusual or specific application. In the event that PURCHASER requires specially engineered materials, production of said materials
shall be accomplished in accordance with approved shop drawings signed by PURCHASER or his agent. SELLER has no obligation to procure materials or fabricate products
for SELLER until shop drawing is approved in writing.
7. [Warranties.] All work shall be guaranteed by SELLER for a period of one (I) year after installation unless otherwise expressly specified in writing against defective
workmanship or materials. Unless otherwise indicated, SELLER PROVIDES NO EXPRESS OR IMPLIED WARRANTIES REGARDING THE SUIT ABILITY OR
MERCHANT ABILITY of said materials, other than as imposed by law, and expressed by this CONTRACT. No agent, employee or representative of SELLER has authority
to bind SELLER to any affirmation, representation or warranty concerning the materials sold under this CONTRACT, unless and until said affirmation, representation or
warranty is expressed in writing. No statement offact, promise, representation, affirmation or other indication has been made with respect to the performance of said goods, other
than that which appears on this CONTRACT. The description of the goods contained within this CONTRACT is the sole basis for this CONTRACT, and no statement or
representation, other than those embodied herein, have been made or relied upon. UNLESS EXPRESSLY MADE HEREIN, NO EXPRESS OR IMPLIED AFFIRMATION,
REPRESENTATION OR WARRANTY HAS BEEN MADE THAT SAID MATERIALS COMPL Y WITH ANY CODE OR ANY PROJECT SPECIFICATION.
8. (Notice regarding Defective Materials.] Should the materials delivered hereunder not conform with the requirements ofthis CONTRACT, or be otherwise defective,
PURCHASER shall provide written notice to SELLER within forty,eight (48) hours of PURCHASER's initial knowledge of said defect. If PURCHASER fails to provide said
written notice within this period, PURCHASER agrees to waive and relinquish all claims for replacement and repair of said defective materials. In the event that said materials
fail to comply with the requirements ofthis CONTRACT, and PURCHASER provides timely written notice, SELLER will repair or replace the defective materials with
conforming goods within a reasonable period of time. In the event that SELLER fails to adequately repair or replace said materials, PURCHASER's sole and exclusive remedy
shall be the replacement or repair costs of said defective materials, but not any delays, disruption or other impact damages.
9. [Safety.] PURCHASER agrees to provide a safe delivery site and comply with all Federal, state and local safety requirements. PURCHASER further agrees to hold SELLER
harmless and to defend any and all actions, claims, suits or proceedings that may subject SELLER to liability due to PURCHASER's failures to properly handle the product or
provide a safe delivery site.
I O.[PURCHASER's Bankruptcy.] Should PURCHASER become bankrupt or insolvent during the period covered by this CONTRACT, SELLER may immediately terminate
this CONTRACT by written notice to PURCHASER. This termination shall not prejudice SELLER's rights to the amounts then due under this CONTRACT.
II. [Merger Clause.] This document constitutes the entire CONTRACT between SELLER and PURCHASER with respect to the product, and it exclusively determines the
rights and obligations ofthese parties thereunder, notwithstanding any prior course of dealings, custom or usage of trade, or course of performance.
12. [Choice of Law.] This CONTRACT and all the rights and obligations of the parties thereunder, shall be governed by the laws of the state where the SELLER's place of
business is, at which this CONTRACT was first prepared, and the Uniform Commercial Code. The exclusive and sole venue for resolution of any disputes which arise under
this CONTRACT shall be within a court of competent jurisdiction within the county and state of SELLER's place of business, from which this CONTRACT was first prepared,
or at the option of SELLER, the county in which the materials are used or incorporated into a work of improvement.
13. [No Damages for Delay.] PURCHASER agrees that, in further consideration of the compensation set forth herein, SELLER will not be liable, absent any actual fraud or
intentional tortuous conduct, for any damages or costs incurred by PURCHASER due to delays in the approval, delivery and/or installation of said materials.
14. [Qualified Acceptance.] This proposal must be accepted on its exact terms. If additional or different terms are proposed by PURCHASER, its response shall constitute a
counter-offer and no CONTRACT shall come into existence without SELLER's written assent to the counter-offer terms.
15. [Written Modification.] SELLER and PURCHASER agree that this CONTRACT may only be modified or altered by an instrument in writing signed by both parties.
16. [Severability Clause.] If any clause of this CONTRACT is held by a court of competent jurisdiction to be void or unenforceable, the remainder of the CONTRACT terms
shall remain in full force and effect, and shall not be affected.
17. [Compliance With Law.] PURCHASER agrees to comply with all Federal, state and local laws, codes, regulations and ordinances in effect where the work is to be
performed; and to pay all fees, licenses and taxes, including sales and use taxes and inspection costs unless otherwise specified in writing.
18. [Collection Fees.] Should SELLER be required to initiate any legal action or proceeding to enforce payment under this CONTRACT, or to recover damages for the breach
thereof, PURCHASER agrees to pay court costs and reasonable collection fees, including but not limited to attorneys fees, incurred by SELLER.
19. [Indemnity] PURCHASER agrees to defend, indemnifY and hold SELLER harmless from any and all claims, losses, damages, liabilities, or costs, including attorneys' fees
and court costs, whether real or alleged, with legal counsel acceptable to SELLER, related to or arising out of the sale of products and/or services by SELLER to PURCHASER
without regard to PURCHASER's negligence or fuult. Said duty to defend, indemnifY and hold SELLER harmless shall only exclude claims, losses, damages, liabilities, or
costs, arising from SELLER's sole negligent or willful misconduct.
Agenda Item No,: ~S,~
AGENDA REQUEST
DATE: December 21, 2005
Request to be placed on:
---1L- Regular Agenda
_ Special Agenda
_ Workshop Agenda
WHEN: January 3, 2006
Description of item (who, what, where, how much):
Purchase Order to ConVault in the amount of $22,359.95, for the purchase of a 3000 gallon above
ground tank,
Funding is available from account # 441-5161-536-34.85, Other Improvements, after budget transfer.
Funding will be available from transfer source account when prior year rollover occurs,
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Approve Purchase Order to Convault for the purchase of a 3,000 gallon above
ground tank, a
DepartmentHead n ~ fA
Signature: ~ ' ~ 1 't--1-':::J - ..s
Determination of Consistency with Comprehensive
Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding availabl$o #'
Funding alternatives
Account No. & Description
Account Balance
See above
See above
(if applicable)
5> 2 Z, "iJ I ) j,-U l-fr {J!.4'l, ~i 'V'
.
City Manager Review: c::=0 _"'/'/1/\
Approved for agenda: (!9S/NO pi v I
Hold Until: '
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
file 2006-018(A)
S:\EngAdmin\Projects\2006\2006-0 18\CONSTRCT\Agnd req Con Vau1tTank 12. 13.05.doc
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN
D
u
M
www.mydelraybeach.com
TO: DAVID HARDEN, City Manager
FROM: Rafael Ballestero, Deputy Director of Construction ~.
SUBJECT: SOUTH PUMP STATION FUEL TANK RELOCATION, (PIN 2006-018)
Agenda Request; Labor for fuel tank replacement
DATE: DECEMBER 21,2005
Attached is an Agenda Request for City Commission to approve a purchase order to Delta
Petroleum & Industrial, Inc., in the amount of $17,705.00 for the installation of a new Con-vault
fuel tank (purchased separately by City), and remove the previous tank from service. The work
consists of the construction of a new slab for the placement of a new Con-vault tank, and the
necessary piping, labor, and wiring to put the new tank in service. The new tank will be purchased
separately.
The tank to be replaced is for the emergency generator at the South Pump Station located in the
Environmental Services Department complex. The existing tank is situated in an area currently
used by the in house construction crew. It needs to be relocated to remove it from the vicinity of
the daily activities of the construction crew. Since the new tank will not require the construction of
a secondary containment structure, it is more cost effective to replace the existing tank than
relocate it.
Staff recommends approval of a purchase order to Delta Petroleum & Industrial, Inc., in the
amount of $17,705.00, as the lowest respondent for this work. Copies of the quotes are attached
for your review.
Funding is available from Account # 442-5178-536-46.90, Other Repair and Maintenance, after
budget transfer.
cc: Richard Hasko; Director of ESD
Randal Krejcarek; City Engineer
Victor Majtenyi, Construction Manager
Scott Solomon, Water Sewer Network Manager, ESD
Paul DeCarolis, IPP BackfJow Inspector, ESD
City Clerk's Office
Agenda File 11/15/05
S:\EngAdmin\Projects\2006\2006-0 18\CONSTRCT\Agd memo Delta Petro.l.03.06doc.doc
~S6
MEMBER
~PEI~
~fUM EQlIIPMENT I~
QUOTATION AND CONTRACT
r~
II it
DELTA PETROLEUM & INDUSTRIAL, INC.
1134 53rd Court North
West Palm Beach, FL 33407
Pbone: (561) 840-1446
Fax: (561) 840-1737
Email: Delta@deltapetroleum.net
Page 1 of 1
Date: 12/8/05
Quotation # 05-0347
TO: City of Delray Beach
434 S. Swinton Ave.
Delr~>>JW8~ FL 33444
Rafael Ballestero
Reference: Water Plant
Generator tank
We are pleased to submit this quotation, based on our interpretation of your requirements, as follows:
. Submit drawings for approval to the City of Delray Beach to remove from service one (1) 3,000
gallon diesel tame
. The tank contents will be transferred to either a stand by tank or to the new proposed above ground
Convault tank.
. Remove the tank from the containment enclosure for use at another site.
. Drain the lines from the generator building to the tank and remove.
. Break. out and remove the concrete tank enclosure and haul the rubble from the job site.
. Back fill to grade with clean sand fill.
. Form and pour a 12 inch thick reinforced concrete slab 12 ft. x 18 ft next to the generator room on the
West side.
. Slab to be reinforced with #4 rebar 12 inch on center.
. Schedule delivery of the Convault tank ordered by the City of Delray Beach.
. Set the tank in place with a crane then anchor with clamps or anchor straps furnished with the tank. Install a
double wall suction and return line from the tank to the generator, and check system out for proper operation.
FOR THE SUM TOTAL OF: S17,705.00 TaxExempt
Seventeen Thousand Seven Hundred Five Dollars and NO/IOO
NOTE:
1. The slab to be poured is comparable to a Convault tank with a capacity of 3,000 to 5,200 gallons inside.
2. Hauling existing tank from the job site to be by others.
3. Sod replacement by others
4. To clean and dispose of existing tank, add $1,750.00 to total cost.
The Petroleum Equipment industry is cu"ently experiencing price volatility with products. Because of market
fluctuations, the prices of these products are subject to sudden, significant changes andfirm prices cannot be
obtained from suppliers. If there is an increase in the price of products charged to the contractors subsequent to
making this proposal, the price set forth will be increased to reflect the additional cos to the contractor. We will
submit written documentation of the increased charges.
PA YMENT TERMS:
Twentv (20) ner cent clown. balance upon completion
ACCePTAltfee 1"1'l11 proposa1. wheh accepted b,/ the Purctfaler,
and final approval of sellers Official Officer, will constitute a bona.
fide contract between us, .ubject to ell terms end condition. on the
reverse .ide. It i. expressly egreed thet there ere no promises,
agreements, or understandings, oral or written, not specified In this
proposal.
t
~~
Company Name
Date
Signature
Print name of signature and title
Date
Sales Mgr.
Credit Mgr.
..
~UOTATIONNo. D-ll05
QUOTATION & CONTRACT
For Installation or Service
DATE: JUNE 13,2005
PAGE_I_OF_l_
GLASGOW EQUIPMENT SERVICE, INC.
P.O. BOX 10087
RIVIERA BEACH, FLORIDA 33419-0087
PHONE (561) 842-7236 * FAX (561) 842-7402
CITY OF DELRA Y BEACH
434 S. SWINTON AVENUE
DELRA Y BEACH, FL 33444
ATTN: PAUL DECAROLIS
RE: CONVAULT TANK INSTALL
IN RESPONSE TO YOUR INQUIRY, WE SUBMIT THE FOllOWING QUOTATION:
PROVIDE LABOR, EQUlPMENT AND MATERIALS TO INSTALL A CONY AULT ABOVEGROUND STORAGE TANK
AND TO REMOVE AN ABOVEGROUND STORAGE TANK INCLUDING:
· PREPARE ENGINEERED DRAWINGS AND OBTAIN REQUIRED PERMITS.
· SAFELY BARRICADE WORK AREA
· SAWCUT I BREAKOUT ASPHALT AND POUR STEEL REINFORCED CONCRETE SLAB.
· OFFLOAD AND SET OWNER-SUPPLIED CONY AULT ABOVEGROUND STORAGE TANK.
· FURNISH AND INSTALL ABOVEGROUND PIPING FOR OWNER-SUPPLIED REMOTE FILL.
. DRESS TANK USING OWNER-SUPPLIED ACCESSORIES.
· FURNISH AND INSTALL OOUBLEWALL ABOVEGROUND FUEL OIL SUPPLY AND RETURN PIPING TO TIlE
DAY TANK FITfINGS INCLUDING SOLENOID VALVE, UNISTRUTS AND CLAMPS.
· FURNISH AND INSTALL ELEClRICAL CONDUIT AND WIRING TO SOLENOID VALVE.
· DISCONNECT PIPING, REMOVE FROM DYKE AND SET ASIDE.
· SAWCUT I BREAKOUT CONCRETE DYKE AND BACKFILL TO SUBGRADE.
· PERFORM ALL FINAL TESTING, INSPECTIONS AND STARTUP.
· REMOVE CONSTRUCTION-RELATED DEBRIS.
BID PRICE:
CONDmONS AND CLARIFICATIONS:
-PRICE GOOD FOR 30 DAYS
-SALES TAX NOT INCLUDED
-FUEL SUPPLY NOT INCLUDED
-PERMIT FEES NOT INCLUDED
-INSTALLATION CERTIFICATION & PROOF OF PROPER OPERATION OF ALL EQUIPMENT WILL BE PROVIDED AT
COMPLETION OF PROJECT. AS-BUILT DRAWINGS, INSTALLATION AND OPERATION INSTRUCTIONS ALONG
wrrn TANK CHARTS WILL BE PROVIDED AT COMPLETION AND ACCEPTANCE OF PROJECT.
$38,963.00
PAYMENT TERMS: CllY PURCHASE ORDER GLADLY ACCEPTED.
~t
TIIANK YOU FOR THE OPPORTUNITY TO BE OF SERVICE. FEEL FREE TO CALL WITII ANY QUESTIONS.
SINCERELY,
JEFFRY M PELEG
CCEPT ANCE: This quotation when accepted by the customer, and countersigned by the authorized representative of GLASGOW EQUIPMENT SERVICE, INC., will constitute
bona fide coIJtract between the parties, subject to all items and conditions on the reverse side of the fuel quotation & contract. It is expressly agreed that there are no promises,
:reements, or understanding, oral or written, not specified in this quotation.
Customer
GlU20W Equipment Service.. IDe.
Authorized
Signature
Authorized
Signature
Name & Title
Of signer
Name & Title
Ofsigner
..
LUTZ P..E.I., Inc.
1b,1~~
FIIXl[t l-:<J,'.. "13" J
:3~~~
. From:
G. OAFtRELL RANDOLPH
page.s:
I
b -7- -oS-
Dat8=
cC;
I:] Urgettt 0 For ~ CJ fill.... Comment CI fill.... Reply D Plea. a Ibtqde
a Comments:
.
~ ~~ .\f VvN~~~ ~ ~ l~
~~~. .. :
. ~q.k~~ I cJr~~IlN-t: ~
~~~~~ ~C(JM/(reMi~ ~~
1
~'L t~'
t.w-' t5k
G, DARAe::u... RANDOL.PH
Via: PresidentlGeneral Manager
Lutz Petroleum Eq\ip. Inst.. Inc.
2200 Nortf"twest ,..". Street
Pompano Beach. FL 33069
Tel: 954.971.5222
Fax; 954.960.0082
Agenda Item No.)5 &S
AGENDA REQUEST
DATE: December 21, 2005
Requestto be placed on:
---1L- Regular Agenda
_ Special Agenda
_ Workshop Agenda
WHEN: January 3, 2006
Description of item (who, what, where, how much):
Purchase order to Delta Petroleum & Industrial, Inc., in the amount of $17,705.00 for the installation of
a new Con-vault fuel tank (purchased separately by City), and remove the previous tank from service.
Funding is available from Account # 442-5178-536-46.90, Other Repair and Maintenance, after budget
transfer.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation:
referenced work.
Approve Purchase Order to Delta Petroleum & Industrial, Inc., for the above
~=~~:nt Head ~. f1(l
Determination of Consistency with Comprehensive
Plan:
I'L- z.. ~-~
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding availabl~~/NO (ji/
Funding alternat~
Account No. & Description See above
Account Balance See above
Ofhr 12ejX21
"'f Hctlllkf{((flc
City Manager Review: 8
Approved for agenda:. E NO rJ):;),/1
Hold Until: (/{/ - I
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
file 2006-018(A)
S:\EngAdmin\Projects\2006\2006-018\CONSTRC1\Agnd req Delta Petro 1.03.06.doc
D~D T. H RDE , CITY MANAGER
y~ c
THRU: ~UL ~~IN~ I CTOR OF PLANNING & ZONING
FROM: s~T~dN, PARKING MANAGEMENT SPECIALIST
SUBJECT: MEETING OF JANUARY 3, 2006 - CONSENT AGENDA
APPROVE THE AWARD OF A CONTRACT TO QUALITY TRANSPORT, INC.
TO PROVIDE SHUTTLE SERVICE IN THE DOWNTOWN AREA
TO:
In January of 2004 the Palm Beach County Metropolitan Planning Organization (MPO) proposed to implement
Community Transit Services throughout the County. This was to be accomplished through a grant program which
provide up to $40,000 per shuttle or route (maximum $80,000 per year for three (3) years) to assist in the
implementation of these services.
City Commission, at their meeting of May 18, 2004 directed Staff to submit applications for two (2) shuttle bus
routes in the City. Route 1 is to provide shuttle service between the Tri-Rail Station and the Beach Area at 30
minute headways with Route 2 providing shuttle service between Swinton Avenue and the Beach at 20 minute
headways.
A Request for Proposal was advertised in October, 2005 which was opened
on November 18, 2005. A review committee containing a representative
from Palm Tran, the MPO, the CRA, Environmental Services and Planning
and Zoning departments was formed. Four responses to the proposal were
received which were rated by the committee using the following criteria and
related point system.
The shuttles are to run between 10:00 AM and 8:00 PM Monday through
Friday, until 10:00 PM on Saturday and between Noon and 8:00 PM on Sundays totaling 140 hours per week (2
buses @ 70 hours per week). Originally estimated at $45.00 per hour per bus, the annual total cost was projected
to be $327,600 per year (140 x 52 x $45 = $327,600). The estimate included 3% increases in years 3, 4, and 5
which would bring the total in years 3, 4, and 5 to $337,428, $347,551 and $357,977 respectively.
Criteria Points
Cost 35
Needs of City 25
Experience 20
Office Location 10
Responsiveness 10
After reviewing the four (4) responses to the RFP the committee determined Quality Transport, Inc. to be the most
qualified respondent as summarized below (total points and average).
Although only two (2) points separates Quality
Transport from Limousines of South Florida, the
differential in pricing was significant, with Quality
Transport at $38.50 per hour for the life of the contract,
and Limousines of South Florida at $45.00 per hour
with additional fuel escalation clauses or $45.00 per
hour in years one (1) and two (2) increasing to $46.75
in years three (3) through five (5). Over a five year term, a savings of $455,000 is realized when comparing the
quoted prices of Quality Transport to Limousines of South Florida, with a savings of $296,762 when compared to
the original estimates.
Respondent Total Avg. Ranking
Score
Quality Transport 422 84.4 1
Limousines of So. Florida 420 84 2
Molly's Trolleys 406 81.2 3
Midnight Sun 313 62.6 4
The RFP included an initial three (3) year term with an option for two 1 year extensions. The initial three (3) year
term would be at a cost of $840,840, and an additional $280,280 per year, totaling $1,404,400 for five (5) years.
By motion, award the bid in the amount of $840,840 for the initial 3 year contract, (totaling $1401,400, if extended
to 5 years), to Quality Transport, Inc. to provide shuttle services to the City in accordance with RFP 2006-001.
<B; ~ lo
[ITY DF DELAAY BEA[H
DELRAY BEACH
F l () R
ItIa.d
AII.America City
, 1III ~:~u~~:;=~~r~~~~~n:lorida
, C8l2595 Northwest 38th Street
1993 Miami, Florida 33142-5254
2001
100 N.W. 1st AVENUE DELRAY BEACH. FLORIDA 33444 . 561/243-7000
December 30, 2005
RE: RFP #2006-01
Bus Service Provider to Operate Shuttle Bus Routes in the
City of Delray Beach City Limits
Protest Letter dated December 08, 2005 16:48 p.m.
Dear Mr. Levitt;
Your letter dated December 08, 2005 was not received in Purchasing in a timely manner, and
therefore your protest will not be considered as a valid protest. Per the City of Delray Beach
Purchasing Policies and Procedures, Section XV "Bid Protest Procedure", it states the time limit
for filing a protest is five (5) calendar days from when the Bid opening becomes public
information.
The Request for Proposal (RFP) #2006-01 opened November 18,2005 and all proposals received
were on file in the purchasing office. The ranking of these proposals was done by the review
committee Monday, December 05,2005.
On December 06, 2005, a fax was received in Purchasing from your company requesting the
score sheet from the review committee meeting and a copy of the proposal received from Quality
Transportation, and on December 08,2005, a fax was received in Purchasing from your company
requesting that Quality Transport Services Inc. be deemed non-responsive.
Purchasing believes this protest was not received in a timely manner and that you did not receive
an unfair competive advantage because the ranking was not done until December 5, 2005.
However, the City reserves the right to waive these timely irregularities. This item is scheduled
for the City Commission Meeting of Tuesday, January 03, 2006. You are invited to attend this
public meeting.
Sincerely,
~~=~
Cc: Joseph Safford, Finance Director
Susan Ruby, City Attorney
David Harden, City Manager
Attachments:
@ Printed on Recycled Paper
THE EFFORT ALWAYS MATTERS
12/08/2005 16:48 3058718475
SUPERSHlITTLE
PAGE 01
~ I..IM
FAX
Fleas~~ Dteliver to: Jackie Rooney
City of Delray ~Beach
(561) 243-7166
Sec~ Attached...
Fr()m: Mark Levitt .
Limousines of South J:11orida
Phone (305) 871-8210
T()T AI~ PAGE (INCLUDING COVER): 4
12/08/2005 16:48
3058718475
SUPERSHlITTLE
PAGE 02
~
December 8, 2005
RECEIVFn
DECO.S 2805
hJnlJu1i)/ilUj DEP1. ~
JacHe Rooney, Purchasing Manager
Cit) ofDelray Beach
100N.W. 1st AvenUr:l
Del1ay Beac~ FL 3~,444
RE: RFP # 2006-01 - Bus Service Provider to operate Shuttle Bus Routes jn the City
of D elray Bell.ch Ci,ty Limits
Dea:' Ms. Roo::1ey J
Thie letter is to infonIl you that Quality Transport Servicess Inc. shoul, . be deemed non-
resp :>nsive and disqualified from the above referenced RFP process 'br the following
feast ms.
:) On. page 9 of the RFP, Item 3.4, titled Proposal Worksheet s11tes "Failure to
affix sHgnatuxe will result in disqualification of proposaL" ,l ttached is a copy
of Page; 9, marked as Exhibit "A". In Quality Transport Service s response to the
RFP, this page was not submitted.
Note: I confirmed with you on 12/08/05 that this item did not !xist in Quality's
respon..re.
j) au page 7 of the RFP, Item 1.1lJ titled Licenses states "Ven(iors must furnish
satisfactory e:vidence that they have licenses as required to d.. business in the
State of Florida," and then states "A copy of the license(s) heM by the Vendor
mlllSt accomr)any the proposal. " Quality Transport Services d'd not submit any
liCenSelJ in thcm- response to the RFP.
Note: 1 cotifi."'med with you on 12/08/05 that this item did not . 'Xis! in Quality's
respom~e.
.3) On pa~'e 21 of the RFP, Item 4.6.3 titled Vehicle Inventory stdes "Contractor
shall p:rovidE! the City a detailed inventory of primary vehicl~~ to be used for
the shll1tOe sm"vices required herein intluding at least one (1 ! spare. ~ Quality
Transport Services did not provide any vehicle inventory nor I Id they describe
what type of vehicle in their response to the RF:P.
Note: I confirmed with you on 12/08/05 that This item did not, xist in Quality's
respome.
i~"t& Gre4rt 1U~'C,Iti". SItdGnIt I:.unuy Limousines livu Minl-Bus,.t 11 roton:o<<ches
2.S9S NOrthwest 38th Street Miami, Florida 33142~52S4
Nationwl de t .800-7fI~S2.S0 Broward (954) 92S-S466 Dade (305) 940-5252 Palm J :each ('61) 930-S466
Websf.e: www.Jimosofsouthfla.comE-tnaU:]uXuryservice@lim.osofsouthla.com
12/08/2005 16:48
3058718475
SUPERSHUTTLE
PAGE 03
Pag~ 2
December. 8, 2005
JacHe Rooney, Purchasing Manager
Cit} ofDeJray Beach
The RFP process should hold high standards of Integrity and when th': RFP documents
are 1ms clear, nothing should be compromised. The items described abc.ve are vital items
in tt e RFP pr<lcess and therefore the proposer, Quality Transport Servic ;:s, Inc. should be
deened non-r<:sponsive and disqualified. Thank you for your. attention Uld consideration
in this very important matter.
Sin ~ //7
Q~
~ -"
MmJ- vi 0/-
Presi dent
ene]:
co: Mayor Jeff Perlnt:m
Vice Mayo1' Jon Levinson
Commissio.ner Pat Archer
C ommissio:ner Riia Ellis
Commissio::ler Alberta McCarthy
M.~t & Gr.,., · &t!Ctl.tivt! Sed6.ns · LU14ry Lbnousill.es . Vall." . Mini-Buses. ,:(otorcoachcs
:!S95 Northwest 38th S1:l'eet. Miami, Florida 33142-52.,'54
NatJon\'lide 1-800-782-525/). 8roward (954) 925~S466. Dade (305') 940-5252. Palm 'Jeach (561) 930-5466
Websjte: www.limosofsouthtla.com.E-mail: Juxuryservice@linwsofsout!tla.com
12/08/2005 16:48
3058718475
SUPERSHUTTLE
PAGE 04
EXHIBIT" API
selec:ted, ~~he City of Delra~' Beaoh reserves the right, in its soia disc -etion, to reject any
or al/ proposal.s.
3.4 PROPOSAL WORKSHEET
The undel"Signed, as Vendor, hereby declares that the only j: ~rson or persons
interested In the Proposal, as prinoipal or principals, is or are named herein and that no
other person than herein mentioned has any interest in the Proposa or the Contract to
which the work pertains; that this Proposal is made without oonnect; In or arrangement
with any other Dersol1, company, or parties making a proposal and t! lat the Proposal is
in all respects fi3;r anej made in good faith without collusion or fraud,
The Vendor further declares that he has examined the Contra ~tual Doouments,
Includ,ng the Advertisement. InvitaUon for Proposals, Pro )Gsal, Technical
Specif'catiol1s, Draft Contract, and has read all addenda prior t, I the opening of
propo~;als, and !s satisfied fully relative to all matters and conditions \ rith respect to the
work to which this Proposal pertains.
The Vlmdor proposes and agrees, if this Proposal is accepted, to contract With the
City 01 Delrqy !3each in the form of a contract specified by the C ty, to furnIsh all
neces~ary matedals, EIII equipment, supplies, and labor necessary to c )mplete the work
specifiE!d in :he Proposal and the Contract, and called for by the Spe ~ifications and in
the manner specified. .
The hereby unde rslgnE!d representative of the Vendor certifies that the~ are an
authoria~d .repre~~entatiye of the Vendor who may legally bind the Vend w:
"SIGNATURE;; __
Name: .
--------p;fr,ted
Title:
Compan): _~__
Address: .
~ ----- Leg~IJJy registered name
Clty:___
State: .
Zip:
Telephone No:__
Fax No:
*Fanure to Iilfflx sIgnature will result in disqualification of proposal.
Note; if thete are allY terms andior conditions that are in conflict, the mas stringent
requlrem€ nt shall apply.
9
(49)
SECTION XV
BID PROTEST PROCEDURE
The following is the procedure which shall be followed for all
protests of formal, sealed bids or proposals.
(1) In order to be considered, protests concerning the bid or RFP
solicitation or award must be filed in writing with the
Purchasing Officer, and may only be filed by bidders who may be
aggrieved by the solicitation or award. Protests shall be
addressed to:
Purchasing Officer
100 N. W. First Avenue
Delray Beach, Fl. 33444
(2) The time limit for filing a protest is five (5) calendar days
from the date bid results become public information.
0)
No action to award a
either the protestor
Commission determines
approves the bid award.
bid under protest will be taken
withdraws the protest, or the
the protest is withou~ merit,
until
City
and
(4) Upon receipt of a timely protest, the Purchasing Officer will
review the protest, consult with appropriate City staff, and
issue a written finding (Approved by the City Manager and City
Attorney) within twenty (20) working ,days of receipt of the
protest. A protest will only be considered to have merit if it
can be proven that an action, or lack of action, by the City
gave a bidder an unfair competitive advantage. If the protest
is found to have merit, appropriate action to correct the
situation will be taken.
(5) The written finding of the Purchasing Officer shall be sent by
United States mail to the address of the protestor as set forth
in his bid documents, and receipt of this notice shall be deemed
to occur within five (5) calendar days from the mailing of the
notice.:
I
(6) If the City Manager finds no merit in the protest, and does not
direct alternative action by staff, the recommendation of staff
in the written findings of the Purchasing Officer shall be
placed, along with the recommended bid award, on a City
Commission agenda for Commission action. The protestor may
appear at the Commission meeting and state his protest;
however, the City Commission shall be free to award the bid and
enter into an agreement.
12/09/2085 12:45
9547912591
QUALITY_COACH1!111
PAGE 81
~ilall1Y Transp()n len1c;es
650 NW 27th Avenue
Ft Lauderdale, FL 33311
. Tel: 954.791.2505
Fax: 954.791.2591
facsimile transmittal
To: Jacklyn RooneY-PUrchaslng Fax: 56J.243.7J66
City of belray Beach
From: Kathy Herring Date: 12/0912005
Re: RFP 2006-01 Pages: 4, including C(lver pa~e
C]Urgent ra For RevIew o Please Comment &:J Please Rep/y ~ Please Recycle
Attached please find two (2) separate lists of equipment-
Ust of Motor Coaches a Ust of Mini Buses
& Current Occupational Ucense.
If there is anything else that you need me to submit, please do not hesitate to call.
Thank you
12/09/2005 12:45 9547912591
QUALITV_COACH11111
PAGE 02
QUALITY TRANSPORT SERVICES, INC.
LIST OF MINI BUSES - as of 12/1/2005
Bus Number Vehicle Make Vehicle Yr VIN Number # of Seats
100 CHEV 1999 1 GBLP37 JSX3306780 22
101 CHEV 1997 1GBLP37F8V3311173 22
104 FORD 2000 1FDXE45F11HA35763 19
105 CHEV 1977 1GBLP37F7V3311035 22
107 CHEV 1977 1GBLP37FOV3311121 22
112 CHEV 1996 1 GBLP37FOT3306532 33
116 FORD 2001 1FDXE45F01NA97395 19
. 19
117 FORD 2001 1FDXE45F21HA97396
306 FORD 2003 1 FDXE45P53HB28241 19
307 FORD 2003 1 FDXE45F73HB28242 19
308 .FORD 2003 1fDXE45F53HB28238 19
310 FORD 2003 1 FDXE45F23HB18170 19
315 FORD 2004 1FDXE45FX3H865270 19
501 FORD 2005 1FDXE45P35HB00787 19
502 FORD 2005 1FDXE45PX5HB38985 19
503 FORD 2005 1FDXE45P75HB00789 19
504 FORD 2005 1FDXE45P36HB00790 19
508 FORD 2005 1FDXE45P05HB00794 19
513 FORD -2005 1FDXE45P65HB38983 19
516 FORD 2005 1 FDXE45P55HB38988 19
721 FORD 2005 1FDVVE35S65HA19342 14
722 CHEV 2005 ~ GBJG31 U551118036 . 14
723 FORD 1997 1 FDLE40S8VHA6571 0 14
VAN-724 FORD 1999 1 FTNS2420XHC 16093 10
VAN-LL DODGE 1995 2B4GH2532SR377649 8
ADA COMPLIANT
12/09/2005 12:45
9547912591
QUALITV_COACH11111
PAGE 03
QUALITY TRANSPORT SERVICES, INC.
LIST OF MOTOR COACHES -. as of 12/1/2005
Bus Number Vehicle Make VehIcle Yr VIN Number # of Seats
30 MCIS 1977 1935 53
31 MCI8 1983 1 M89CM8AXDP038269 53
32 TMC8 1977 1821 53
33 MCI8 1985 1 M8DDM7 A8FP040212 53
34 MCI10 1985 1M8DDM7AXFP040213 53
35 MCI10 1985 1 M8DDM7 ASf=PQ40215 53
36 MCI10 1985 1 M8DDM8A9FP040413 53
37 MCr10 1985 1MBDDM8AOFP040414 53
38 MCI10 1985 1 M8DDM8A2FP040415 53
39 MCI10 1985 1 M8DDM8MFP040416 53
310 MCI10 1985 1 M8DDM8A6FP040417 53
311 MCr 10 1985 1 M8DDM8A8FP04041 8 53
312 MCI10 1985 1 M8DDM8AXFP040419 53
313 MCI10 1985 1 M8DDM8ASf=P040420 53
314 MCr 10 1985 1 M8DDM8A8FP040421 53
315 MCI10 1985 1 M8DDM8AXFP040422 43
465 PREVOST 1982 2P9L23405C1001159 49
803 TMC8 1976 1457 43
804 MCre 1977 1788 49
805 MCIS 1977 S1892 49
808 MCI8 1977 ISI2995 49
809 MCI8 1975 S11138 49
811 TMCa 1976 1360 49
812 TMC9 1979 MC92451 49
816 MCJ9 1979 MC92450 49
818 MCI9 1982 IM89CM6A3CP037126 49
619 MCI9 1979 MC92521 49
821 MCI8 1975 S11511 49
623 MCI8 1977 S13062 49
824 MCr8 1977 $12758 49
827 MCl9 1979 S13696 49
828 MCr9 1978 TMC213278 47
830 MCl9 1979 2828 47
831 MCr9 1979 2772 47
832 MCl9 1979 1 M89CM8A 1 CP037462 47
900 MCI10 1988 1TUCCH6A7FROO5171 49
901 MCI10 1988 1 M8DDM8AXFP040498 49
. 902 MCI10 1988 1 M80DM8A9FP040136 49
903 MCI10 1988 1 M8DDM8AOFP040137 49
904 MCI10 1988 1 M8DDM7 A3FP040635 49
905 MCI10 1988 1 M8DDM7 A5FP040636 49
906 MCl10 1988 1 M8DDM7 AOFP040639 49
907 MCI10 1988 1TUDCH8A4JROO6353 49
12/09/2005 12:45
9547912591
QUALITV_COACH11111
PAGE 04
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.t, ElROWARD COUN1Y OCCUPATIONAL LJS:ENSE TAJ(
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"
QUALITY
TRANSPORT SERVICES, INC.
City of Delray Beach
Palm Beach County, Florida
REQUEST FOR PROPOSAL
RFP #2006-01
Bus Service Provider to Operate
Shuttle Bus Routes in the
City of Delrav Beach
City Limits
() R-lG-1 NA L
Friday, November 18, 2005
QUALITY TRANSPORT SERVICES, INC.
650 N.W. 27th Avenue. Fort Lauderdale, Florida 33311
(954) 791-2505 TolI-free: (800) 410-8687 Fax: (954) 791-2591
November 17,2005
Jacklyn Rooney
Purchasing Manager
Finance Department
100 NW 1 st Avenue
Delray Beach, FL 33444
Dear Ms. Rooney,
As a current provider of shuttle Broward County Transit Community Shuttle Bus Program,
Quality Transport Services, Inc. has a full awareness of the scope and responsibilities that this
project entails. Our experience and knowledge that comes from providing similar shuttle
service to the various Broward County Cities, as well as the four (4) years of experience
servicing the Broward County TRI-RAIL Bus Feeder shuttles gives Quality a unique
advantage in servicing the shuttle program for the City of Delray Beach.
We are a proven vendor that has shown ourselves to be willing to dedicate the appropriate
human and material resources to effectuate an efficient and reliable Community shuttle
operation, We work well with the professional staff in the six (6) cities in this program with
whom we interact not only during the normal course of service, but also during several
hurricane evacuations.
We have maintained a stable driver team on these routes. This has contributed significantly to
the hiqh level of customer satisfaction. The ridership is very appreciative of their drivers. Many
of the riders call the drivers directly on their cell phones to give advance notification that they
will be riding on a particular day or waiting in a particular shady spot.
Quality's record of performance with the twenty (20) shuttle routes that we currently operate
is representative of the professionalism with which we serve all of the Cities in the Community
Shuttle Bus Program. Since commencing our service in this program, not one of the Cities has
been disappointed. All of the administrators that interface with Quality find Quality to be very
customer service oriented. We provide them with a turnkey service that is extremely low
maintenance. Quality's size, stability, and established human and maintenance resources are
an advantage to the City of Delray Beach and our Fort Lauderdale based operation puts the
City in our service area, improving our ability for timely responses, if and when necessary.
We have reviewed all the requirements the City has detailed in this Proposal. We have the
experience and the ability to comply with all these requirements.
Thank you for the opportunity to bid on this Request for Proposal and for your consideration.
I can be reached at 954-791-2505, or kathY@Qualitycoach.info. An alternate contact is the
Project Manager, Louis Herring, who can be reached at 954-695-7777.
Sincerely,
of(a/if
Kathy Herring
President
~
~
.
.
RFP SIGNATURE FORM
* PLEASE AFFIX SIGNATURE WHERE INDICATED
(FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL)
RFP #: 2006-01
Opening Date: November 08, 2005
,
RFP TITLE: Bus Services to Operate Shuttle Bus Routes In the City of Delrav
Beach Cltv Limits
COMPANY NAME:
(fj v I\C-I '7
~
{ lkJ5fo~T 5V~DA TE:
/1- '8~(}~
NAME/TITLE:
t(rvi5 I~R'4 t 6131'/ElU7i f)J1f1'{fJ1r8Y2-
/
ADDRESS:
G~r; J J ;)..1111- Itvs
CITY
rr lMO{/<lijLFSTATE Fc_
ZIP CODE '3 } 3/ /.
FEDERAL TAX /.D. #: 5" Of - d... 7 f). 1 ~ b 4
TELEPHONE: (. 9 S Lf
J 7Q' 5lSO~
FACS/MILE (. 1 S t.f
J 7~1 351'
*SIGNA TURE
~~
VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER:
CONTACT NAME:
I...r,VfS ~,t2/~
r6'f ) 71' ~5~~
TELEPHONE: (
34
Table of Contents
Page
1 Qualifications and Experience
Background and History 1
Scope of Company Services 1
Shuttle Bus Services 1
Motor Coach Services 2
Emergency Response Services 2
Management 3
Resume of Project Manager 3
Personnel and Resumes 3-4
Management Style 5
Financial Viability & Stability 5
Drivers 6
Qualifications and Responsibilities 6
Hiring Criteria & Training 7
2 Maintenance Program
Maintenance Standards 7
Facility & Scope of Repairs 8
Preventive Maintenance Procedures 9
3 Communications Dispatch System 10
4 Complaints 10
Response and Procedures 10
Customer Service Policies 11
Quality Control 1 1
5 Record Keeping and Reporting 12
6 Cost Per Hour 12
7 Comparable Contracts 13
8 Attach ments 14
QUALITY 1
1 Qualifications & Experience
Backaround and Historv
Quality Transport Services, Inc. (Quality, or, the Company) is a Florida
corporation, established in 1986, by Kathy Herring. Quality is a certified, woman-
owned business enterprise (Broward County SDBE).
In 1987, Quality acquired its Fort Lauderdale facility, located near the intersection
of 1-95 and Broward Boulevard. This facility currently houses the Company's
corporate headquarters and continues to function as Quality's main base of
operations.
By 1994, Quality had grown into one of the larger privately held school bus
companies in the State of Florida. At that point in the Company's development,
management made the strategic decision to diversify and expand into the coach
bus and shuttle bus market.
Sco/Je of Com/Janv Services
Quality provides professional, responsive, on-time transportation services to a
diverse client base in the State of Florida. Presently the Company is diversified
into Shuttle Bus Services
Motor Coach Charters & Tours
Emergency-Response Services
Community Shuttle Bus Services-Quality provides shuttle bus services to
accounts in both the public and private sector. In addition to providing shuttle
services, the Company has assisted in planning pick-up and drop points, route
monitoring, route/schedule revision, and the selection of equipment.
The Company performs contracted shuttle services for these six (6) municipalities:
City of North Lauderdale, Town of Lauderdale By- The-Sea, City of Oakland
Park, & Town of Davie, City of Lauderhi// and City of Lauderdale Lakes.
The Company has upheld an outstandinq service record for these municipal clients.
In March 2004, Quality demonstrated its considerable capability when it was called
upon to provide emergency service, concurrently, and with only 24 hours notification,
for two (2) routes for the Town of Davie and three (3) routes for the City of Lauderdale
Lakes.
Quality provided these emergency services in a manner that was described as
"flawless service" by the Services Coordinator for the City of Lauderdale Lakes.
Should Quality be selected to be the Community Transportation Bus Service provider
for the City of Delray Beach, the City can certainly expect the same standards of
excellence as we have provided in the past and continue to provide.
QUALITY 2
Motor Coach Charier-Quality provides motor coach charters to the public
and private sectors, both locally and throughout the State, including but not limited to
the Tri-County School Boards, multiple Cities and their Parks & Recreation, and
Port Everglades.
Miami-Dade Mass Transit (MDT): Group Charter Services
Quality provides all contracted group charter service for Miami-Dade Transit.
Emerqencv Services-The growth of Quality's motor coach services division
since 1995 has also led to the Company's development of excellent emergency-
service responsiveness, with a large fleet of full size motor coaches and a pool of
drivers qualified for last-minute notification readily available. Quality is the contracted
emergency and evacuation provider for Fort Lauderdale-Hollywood Int'l Airport.
During the Airport's transition between contracts for regular-service shuttle routes, Quality
was requested to provide 24-hour continuous service for the Airport's Employee Bus Route.
This involved scheduling multiple buses and drivers, on an emergency basis around the
clock. The service lasted approximately three (3) months-until the new vendor was able to
provide full service.
During the 2004 and 2005 Hurricane Season, Quality provided thousands of
hours of extensive emergency services to FPL, in the Port Charlotte area, in the
Jupiter area up to the area north of Orlando, areas impacted by the three
hurricanes.
At this critical time, the Town of Davie was also provided with evacuation services
that were efficiently executed with the capable assistance of the Town's leadership.
Both large coach buses and minibuses were put into service in order to assist with
a speedy and efficient evacuation. Being an in-house account, the Town of Davie
was given preferential service.
Manaaement & Oraanization
QUALITY
3
The standard of excellence is achieved by forming a team that consists of the
Project Manager, two assistant managers and a field manager who form the core
team with the designated back-up drivers. This team provides management and
support to the regular route operators. Continuous Quality Control and an
assigned support staff maintain the highest operational standards.
Louis Herring, General Manager and Project Coordinator with his two assistants,
Peggy Dunnaway and Randy Levin, manage the daily details involved in
ensuring that the routes run on time and efficiently. They work together as a team
making sure that the drivers are prepared to perform their job correctly and
safely. Orlando Mayers, the night shift Supervisor is in charge of ensuring a
smooth operation after 5:00pm. Kathy Herring, the President is actively involved
in the day-to-day operations of the Company, and maintains and influences a high
level of customer satisfaction.
The accumulation of expert and competent manpower is in part due to the
Company's long-term presence in South Florida.
Personnel:
Every effort has been made to build a management team of the most experienced
transportation personnel in the local industry in order to maintain a high level of
professionalism for our clients, in both the public and private sector. The following
employees listed below, are part of a larger team of capable individuals, all of
whom are presently contributing in some important way in making the Town of
Davie Community Bus routes contract a success and would continue to do so.
Resume of Louis Herrina- PROJECT MANAGER
1988-Present
Joined Quality Transport in 1988.
Helped the development of the school bus division.
Supervised and helped implement the necessary changes
during the Company's transition to a motor coach and minibus
operation.
Experienced in both the community shuttles and group travel
departments and has an overall understanding of the entire
operation.
From 2000-2004, assisted the Project Coordinator to the Tri-
Rail Bus Feeder Shuttle contract by supervising the routes,
scheduling the drivers, and familiarizing himself with all facets
of a multi-bus fixed route contract.
Assumed responsibility for the BCT Community Shuttle
Services contracts, beginning in June 2002 with the start of
the Town of Lauderdale by -the -Sea. Since that initial
contract, Quality has been awarded five (5) similar Community
Shuttle Services contracts, as well as the MDT Broad
Causeway Shuttle.
Qu ALITY 4
Resume of Louis Herrina. cant.
Oversees that the daily scheduling of 35+ shuttle drivers, the
assignment of 17 shuttle buses and the running of the routes
goes smoothly and safely.
In addition, he is responsible for scheduling the charter drivers
and motor coach buses, the number of which can vary from 5
buses to 35 buses since this department relies on incoming
reservations not firm schedules as with the fixed routes.
Maintains the safety program as it pertains to the drivers and
supervises effective handling of breakdowns and service
compromises. Directly responsible for the quality control
system that covers drivers, vehicles and dispatch operation.
KATHY HERRING. PRESIDENT & MANAGER. has for the past 19 years, on an
ongoing basis, worked closely in all aspects of the day to day management of the
Company. With respect to the Town of Davie contract, she oversees the hiring and
processing of new hires for the routes, supervises the Drug and Alcohol Free program
and is involved in the monthly billing process.
PEGGY DUNNAWAY. ASSISTANT OPERATIONS MANAGER, has 18 years of
experience in the transportation business. Starting as a school bus driver, she then
worked for Motorola as a group leader in the parts department. Ms. Dunnaway joined
Grey Line Ft. Lauderdale and worked as a motorcoach driver for 16 years driving in state
and long distance charters. In 2001, she joined Quality as the main Dispatcher
supervising the Tri-Rail account. She continues to be involved in the daily details of
dispatch and has proven to be most effective in her role as field supervisor.
RANDY LEVIN. ASSISTANT OPERATIONS MANAGER. has been involved with the
bus transportation industry since 1982. His organizational skills and experience
contribute to the daily operation of the Company while his background in parts
management assists in the smooth running of the garage.
ORLANDO MAYERS. NIGHT SHIFT MANAGER. manages all evening/night service
from 5:00pm on, and is there to assist both the drivers and the clients. He has been with
Quality since 1989. His past experience and expertise as a mechanic, in conjunction with
his duties as dispatcher, has made Mr. Mayers particularly invaluable during the night
shift.
QUALITY 5
Grass Roots Manaaement Stvle
Quality is a company with strong owner involvement. The Company has
pioneered a management system wherein the Company founders and Company
managers have easy access to ground level personnel through an exceedingly "flat"
management structure. By eliminating layers of management, accountability is more
transparent. The proximity of decision-makers to the front lines gives them more
immediate feedback on their decisions and leadership initiatives.
Qualitv Controllns/Jector
A unique and highly effective role is played by a Quality Control Inspector. His role
is to monitor drivers, buses, mechanics, service orders, and every aspect of
operations including field evaluations of driver performance and customer
satisfaction. He also road tests new drivers and has input into the hiring process.
His relationship with employees and top management is direct, and he is
empowered to resolve problems.
Financial Viabilitv and Resources
Multiple contracts add diversity to the Company's financial stream. Quality also
operates in diversified fields: in both the public and private sectors, in shuttle, motor
coach, and emergency bus services, in multiple locations statewide. This not only
benefits contracts operationally-offering advantages in equipment and expertise-it
also provides shelter from market volatility.
Additionally, many of the Company's clients are governmental or blue-chip
corporations with significant stability.
Quality has a long-standing relationship with CitiGroup, which has served as the
Company's primary bank and loan provider, providing funding for the Company's
growth over the years. The Company is in good standing with CitiGroup.
Com/Janv Stabilitv
In an industry that has experienced turmoil in recent years, Quality has distinguished
itself by retaining market and financial stability. This is also true for operations, where
expertise and expert personnel are benefits of Quality's long-term presence.
QUALITY 6
Drivers - Qualifications and Hirina Criteria
All drivers go through a strict screening procedure before they are hired. They all
must possess the following qualifications and be in compliance with the following:
1. All Company drivers are properly licensed operators, with a valid Florida
commercial drivers license (Class A or B, with Passenger Endorsement).
2. All Company employees are formally employed by Quality.
3. All Quality drivers and other safety-sensitive employees of the Company undergo
pre-employment, post-accident, and random drug testing. Quality complies with
Broward County ordinance 92-8, pertaining to the maintenance of a Drug-free
Workplace Program.
4. MVR inspections are performed annually for all vehicle operators.
5. Company drivers issue bus route timetables or other transit information to
passengers requesting such material.
6. Drivers are trained in ADA technique, and provide full utilization of vehicles to
disabled passengers while in service. Drivers shall assist passengers with
disabilities with entering and exiting the vehicle in accordance with the Americans
with Disabilities Act (ADA).
7. Drivers employed for the City will additionally be required to successfully attend
and complete Broward County's shuttle operators' training program, prior to
operating the City's vehicles.
8. Minimum age for drivers shall be 23 years.
9. Drivers shall have no more than 3 moving violations, or accidents within a 5 year
period.
10. Drivers shall have no history of a conviction for D.U.1.
11. Company drivers shall be capable of speaking, writing, and understanding the
English language fluently.
12. Drivers shall operate the vehicle in a safe and timely manner, maintaining
headway times.
13. Drivers shall be courteous to all passengers and the general public at all times,
and shall respond to passenger questions regarding the bus service.
14. At all times while on duty, drivers shall wear clean and presentable uniforms,
which include a Company shirt, appropriate length shorts, pants or skirt, and
closed-toe shoes.
15. Drivers shall distribute or collect flyers, hand-outs, surveys, etc., as the Town
requests.
16. Drivers shall not accept gratuities.
17. Drivers shall not permit passengers to smoke or playa radio in the vehicles
(unless passenger is using headphones with the radio).
18. Drivers shall not be convicted of a crime during the term of the Agreement with
the City.
19. Drivers are required to perform pre and post-trip vehicle inspections.
20. Drivers are required to maintain continuous count sheets during the course of the
shuttle operation.
Qu ALITY 7
HIRING CRITERIA
The Company currently hires drivers on the following criteria:
. Communication Skills, including English fluency, and ability to comprehend and
convey job related information. Included in these skills is the ability to adequately
interact with professionalism and courtesy.
. Driving Skills, including safety skills, experience, and exhibiting good vehicle
maintenance procedures. A minimum of 2 years commercial driving experience
is required.
TRAINING
Route drivers undergo training before receiving an assigned route (see sample
Certificate for Completion of Training, attached). The Company has an in-house
certified CDL driving skills instructor.
All drivers are trained in ADA methods of wheel chair operation, and
sensitivity training. Customer service techniques and attitudes are emphasized. Vehicle
Operators are encouraged not only to think of themselves as bus drivers-but as
customer service agents who can positively influence their riders.
In addition, drivers employed on Community Shuttle Bus Routes undergo a two-day
training program organized by Broward County Transit (BCT) covering all pertinent
topics of shuttle driving (ADA wheelchair operation, sensitivity, driving skills).
2 Maintenance Program
Quality recognizes the critical importance of operating vehicles that fully
meet the service standards and the needs of the City. To that end, Quality is
committed to maintaining all vehicles and equipment in fully operational
condition at all times.
All components of each vehicle is maintained according to manufacturer
recommendations. Quality repairs any vehicle damaged in an accident, to be
repaired or replaced immediately, including any graphic wrap or logo on the
exterior of the vehicle. Quality provides fuel, lubricants, parts and supplies, as
required for the maintenance and operation of all vehicles. All vehicles are safe
for operation on public streets and highways, and meet all requirements of
the Florida Department of Transportation Rule Chapter 14-19: "Minimum
Requirements for Transit Coaches & System Equipment". All parts of the vehicles
and equipment mounted on or in the vehicle conform at a minimum to all applicable
Federal Motor Safety Standards. Quality maintains an effective safety and
mechanical inspection program. All vehicles are available for inspection by the
Town at any time of the Town's choosing. The City has the sole discretion to reject
temporarily or permanently any vehicle the City may deem unacceptable for
reasons of safety, disrepair, or appearance.
QUALITY 8
Quality will comply with all the requirements for vehicles as outlined in the
Proposal on pages 21 - 24. Quality will maintain these vehicles in
accordance with manufacturer's standards, and keep these vehicles in
excellent condition at all times. Quality will comply with all applicable ADA
requirements with regards to these vehicles and will comply with all signage
requirements as specified in the City's Proposal.
Quality supplies any additional v~hicles to provide back-up service within 45
minutes, in the event that one or more vehicles are out of service. In such
circumstances Quality provides ADA accessible back-up vehicles. All vehicles are
equipped with appropriate safety equipment as required by law.
All vehicles have heating and air-conditioning systems that are fully operational
for every-day the vehicle is in service. Vehicle interiors are cleaned daily, and
exteriors are cleaned a minimum of once per week. Vehicle extermination for insects
occur weekly, or more, as warranted by circumstances.
Maintenance and Reoair Facilitv Location
Quality currently operates from facilities in Fort Lauderdale and Miami, with the Ft.
Lauderdale facility being the Company's primary maintenance and repair shop.
This primary maintenance and repair facility is located adjacent to Quality
headquarters, close to the intersection of 1-95 and Broward Boulevard.
Scooe of Reoairs
At the Fort Lauderdale location, a major maintenance facility is housed-a fully-
integrated repair shop, operating with both a.m. and p.m. shifts:
· A wide range of maintenance and repair activities are performed on-site, with
a service team of 7 mechanics specializing in air conditioning repair, engine
maintenance, engine rebuilding, chassis mechanics, alternator/starter
rebuilding, electrical, and brake and tire maintenance.
· The facility houses the Company's own body repair and detailing shop
· Quality has its own licensed on-site paint booth for buses at the facility.
Such extensive on-site maintenance and repair is uncommon in the local
transportation industry and reflects the Company's distinct business
vision.
· By keeping maintenance work under Company supervision,
managers directly monitor the quality of repairs.
· With repairs in-house, the Company can be responsive during
times of need-accelerating the pace of repair where needs are
greatest.
At Quality, the necessity for fleet service has been turned into a supply
line that is more manageable, and a source of quality control.
QUALITY 9
PREVENTIVE MAINTENANCE & REPAIR PROCEDURES
The preventive maintenance program is carried out in order to maintain the
vehicles in good mechanical condition and to avoid emergency breakdowns.
· The program consists of two (2) components-the daily pre and post trip
inspections conducted by the drivers and the routine inspections conducted
by the mechanics to prevent problems before they can occur.
· The basis of daily preventive maintenance starts with the driver filling out
the pre-trip and post- trip inspection forms, before and after each trip.
The driver is responsible for writing down any mechanical problem that
he/she may have noticed before or while driving the vehicle. Any physical
damage in need of repair in the interior or exterior of the bus needs to be
recorded on these inspection forms. The items that the driver has indicated
on the inspection form are then recorded onto a work order for the
mechanics or body shop specialist. After the repair is finished, the
mechanic/body shop specialist dates and signs the work order detailing
what was done to the vehicle. The work order is then stored in the bus'
permanent file
· Routine inspections as part of a preventive maintenance program:
The other key component of the maintenance program is routine
inspections, which are scheduled for both the motor coaches and minibuses
on a regular basis. All work done and parts used is recorded on the
mechanic's work order, signed and dated and filed in the permanent file.
All 40 foot and 45 foot motor coaches undergo scheduled preventive maintenance
every 5000 miles with more extensive inspections at 15,000, 30,000 and 45,0000
miles. The DOT ruling mandates annual inspections of the motor coaches in which a
specific inspection report is filled out and an annual inspection label is affixed to the
buses' windows.
The minibuses have their own specific routine inspection schedule and undergo
a general service every 3000 miles. The fluid levels, brakes, tires, filters, belts
and the other items on the checklist are checked and repaired or replaced as
necessary. At 12,000 miles, the 3000 mile inspection is done, followed by a more
thorough inspection at which time fuel filters, air cleaner, radiator and hoses are
checked and repaired or replaced, if necessary. At 45,000 miles, the rear end oil
is replaced.
Every morning. inspections of all vehicles scheduled for service that day are
performed by a mechanic who checks for items including: liquid levels, belts, hoses,
lights, wipers, a/c, body damage, etc.
QUALITY 10
3 Communications Dispatch System
All drivers, supervisors, and administrators are required to be in possession of
working cell phones while on duty. We have found that since cell phones have
become so available, they provide the most efficient and reliable form of
communication between the driver and Dispatch, and between the drivers.
4 Responding to Complaints
Although complaints are not a common occurrence, Quality follows a specific procedure
in order to document and manage any complaint effectively whether it be from the City,
the driver or the rider.
Every effort is made to resolve the issue while the person reportinq the complaint is on
the line. A second phone line is used to contact the driver without putting the first party on
hold. If possible, the complaint is discussed and resolved immediately. If that is not
possible, further investigation and discussion is followed up with the driver and
management to resolve the issue.
At the time of the call, we have a backup, ADA equipped, bus ready with a supervisor
standing by and ready to go in case a backup bus or supervisor is required to help
resolve the situation.
All complaints are recorded and a copy will be sent either by telehone or fax to the City.
CUSTOMER COMPLAINT FORM
DATE:
TIME OF CALL:
CALLED IN BY:
TEL#:
NATURE OF PROBLEM:
RESOLUTION:
MANAGER ON DUTY:
COMMENTS:
COPY TO CITY:
FAX:
TEL:
QUALITY 11
CUSTOMER SERVICE POLICIES
Customer Relations is a designated responsibility of the Project Manager. The Project
Manager is in constant review of account activities and is responsible for obtaining
feedback from clients. He has the authority to execute all changes that will provide
improved service.
Customer Service, by contrast, responds to the specific complaints and needs of
individual riders. This is a separate, designated role of the Project Manager. He has the
authority to provide assistance and compensation to customers.
Every letter of appreciation received from satisfied customers is framed and publicly
displayed near the Dispatch office and in the drivers' waiting area.
QUALITY CONTROL
Any time a vehicle is dispatched for operation in the field it is thoroughly inspected
by the driver for any cosmetic, mechanical, or safety related defect. These
Inspections are recorded on a driver inspection form. Fuel consumption and
mileage readings are likewise recorded on this form. One copy of the inspection is
retained by the driver, one copy is held on file by Dispatch, and when repairs are
appropriate, a copy is submitted to the Shop Foreman. This procedure is likewise
followed every time a vehicle returns from scheduled operation (See "Pre- Trip/Post-
Trip Inspection Form", attached).
To further ensure that standards of cleanliness, safety, and general repair condition
are upheld, a Quality Control officer randomly inspects vehicles on a daily basis.
DISPATCH & CONTROL: THE "QUALITY" IN QUALITY
he Company's Dispatch and Control Office operates from 5:00 am to 9:30 pm on
weekdays, and until midnight Fridays and weekends.
The Operations Manager works closely with the four Dispatchers who cover the 7-
day weekly operation. Quality views these Dispatchers as crucial to the success of
the Company's service. The Company has cultivated a team of Dispatchers with the
following qualifications unique to this demanding job:
· Problem solving skills
· Management skills
· Record keeping and organization skills
· Ability to stay calm under pressure and manage emergencies.
The Company's Chief Dispatcher has 9 years of experience in this field.
QUALITY 12
5 Record Keeping & Reporting
Quality maintains such records and accounts including: property, personnel,
and financial records, as are necessary to ensure a proper accounting record.
The system of accounting maintained by Quality is in accordance with generally
accepted Accounting principles and practices. All Project records prepared by
Quality in connection with the City's service will be owned by the City, and made
available to the City at no charge. The Company will keep such books, records, and
accounts as may be necessary in order to complete and correct entries related to
the Project, or according to the scheduled reporting periods.
The Company will record on a daily basis and report weekly to the City on all
disruptions in service, late service, vehicle break-downs, accidents, vehicles out-of-
service, and any other incident affecting service.
Quality maintains daily records of total passenger utilization, and total mileage
logged on the vehicles, by route, while performing the City's service. The Project
Manager will provide accurate reports on ridership by route and by trip to the
City on a monthly basis to the City in accordance with the specifications
outlined on page 25 of the proposal.
6 Cost Per Hour
The proposed cost per hour (all costs included) is: J38.50
Qua/~ty 13
REFERENCES ~ RFP #2006-01
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COMPANY NAME:-1O Wn ])fLV I e
ADDRESS: to $': I - {.G .#1j e D.V1 V'eJ Da I/~ FL 3331 t..j
STATE: F,twl~' ZIP: 333/4
CONTACT PERSON: SI.15a V1 he tt n
PHONE NUMBER: QS1t. 7q 7 # I OLf 2-
COMPANY NAME: C'f:J of ~derhllJ_
ADDRESS: . J (JOD C fy f-/all DY/~;, kLuderhill
STATE: FL ZIP: '3 ~,=5 /3
CONTACT PERSON: kUr+ 8/aAdes
PHONE NUMBER: Cf!J!f. 7 J '7, IS:<' 5.
COMPANY NAME: tJy nf Oak/aIld (J()./f-
ADDRESS: ~0sn Nr=. 12ft, A-v.e.nue ~ Oalc/tUtti f1rk-
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STATE: EL ZIP: .333:24
CONTACT PERSON: fLvia n f OJ lilLfl')
PHONE NUMBER: Q'OL/ - 510 /. 10 :2-fpt.J
COMF'ANYNAME: Taw", flf 0J.Lldp..aide 8Af-7Z.e-~
ADDRESS: 4 S7) I 0 f..e{l A1 Dri ve.. J. I- B T 5
STATE: F L ZIP: 3 E>, ~O 8'
CONTACT PERSON: .J~ Muf2a.Je
PHONE NUMBER: 951f. 77 (p. 310 II
36
QUALITY 14
City of Delray Beach
Community Transportation Bus Service
Attachments
1. Certificate of General Liability Insurance
2. Certificate of Auto Liability Insurance
3. Certificate of Workers Compensation Insurance
4. Drug Free Workplace Certificate
5. BCT Monthly Ridership Reports
6. Certificate of Completion of Bus Operator Safety
Program
7. BCT Certificate of Training
8. Vehicle Pre-Trip/Post-Trip Inspection Form
9. Women Business Enterprise Certification
1 a.Occupational License
11. Driver Award - Town of Lauderdale-by-the-Sea
12.Addendums & Signed Documents
RightFax
8/12/2005 1:34
PAGE 0011002
Fax Server
ACORQu CERTIFICATE OF LIABILITY INSURANCE I DAle {MMCD/YYYVI
08/12/2005
PRCXlUCER (800)333-7754 FAX (321) 757 -6182 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Rodes-Raper-Love ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE OOES NOT AMEND, EXTEND OR
Insurance Agency ALTER THE COVE. RAGE AFFORDED BY THE POUClES BELOW.
158 N. Harbor City 81 yd.
Melbourne, FL 32935 INSURERS AFFORDING COVERAGE NAlC #I
INSURED QUALITY TRANSPORT SERVICES, INC. DBA INSlIRFR " Lincoln General Ins. Co. 33S 5 5
QUALITY TRANSPORTATION INSURER B.
650 NW 27TH AVENUE INSURER C
FORT LAUDERDALE, FL 33311 INSURER 0
INSURER E:
COVERAGES
THE POJOE S OF INSURANCE LISTED BHON HAVE BEEN ISSUED TO THE INSURED NAMED ABCNE FOR THE PClICY PERIOD INDICATED. NOlWlTHSTANDlNG
ANY REQUIREMENT, TERM OR CONDITION OF />NY CONTRACT OR OTHER DOaJMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POlIOES DESCRIBED HEREIN IS SUBJECT TO AlL THE TERMS, EXClUSIONS AND CONDITIONS OF SUCH
PClICIE S. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS.
I~~ ~9.1 TYPE Of INSURANCE POliCY NUMBER POliCY EFFECTIVE POliCY EXPIRATlON LIMITS
GENERAl. LIABILITY LPGI02095-01 11/01/2004 11/01/2005 EAOi OCQJRRENCE $ 1,000,000
f-- I ~~A~!9_REN1ED
X (;C1M'-'FRO^1 G!'NFRAl llN'.'I'TY $ SO,O
i-- :=J QAlMSMADE 0 OCCUR
"'ED EXP (Any me p....",,) $ 5,0
i--
A PERSGlAL & ADY INJURY $ .1,000,0
f-- 2,000,0
GENERAL AGGREGATE $
i--
("',FN" "(;GREGAlF liMIT I\PPllES PER PRODUCTS - COMPICP "GG $ exc1 udec
!xl PO.ICV n ~~ n LOC
~TOlIOBILE LIABILITY LPAI02095-01 11/01/2004 11/01/2005 CCJ>.IBINED SNGLE LIMIT
(Ee a<ridenl) $ 5,000,000
/W.Y N.JTO
-
"~l OWNFn AUTOS BOOtY INJlJRV
X $
S<>1EOUI.EO AUTOS (Per p...."")
A X
HIREO A~TOS BooL Y INJURY
X $
NON-OWNFrl ",JTOS (Per Kcd....t)
X $10,000 LIAB. OED. PROPERTY DAMAGE
(per acad..,!) $
GARAGE LIABILITY AlJTO OIIL Y . E A "CODENT $
=1 "NY A1JTO ornER THAN EA"CC $
AlJTO OIIL Y: AGG $
E XCESSlUMBRELLA LIABILITY EAOi OCQJRRENCE $
~J OCQJR 0 QAlMS..,"OE AGGREGAlE $
$
R DEDUCTlBLE $
RETENTlO\I $ $
W~KERS COlIPENSATlON AND I WC STATU- l<m;i-
El1PLOYERS' LIABILITY $
my PROPRIETOR"" AFll!l;ERIEXEQJTlVE E L E "a-t AcaDENT
OFFICEli:IMEMBER exQUOEO? E.L. DISEASE - EA EMPLOYE $
~6~~R~O~;d~S bel"", .-
E L DISEASE. Po..ICY LIMIT $
OTHER
DESCRIPTIOI Of OPERATlOlS I LOCATlONS I VEHICLES I EXCLUSION S ADDED BY ENDORSEMENT I SPECIAL PROVlSlOlS
:ERTIFICATE HOLDER IS NAMED AS AOOITIONAL INSURED WITH RESPECTS TO THE NAMED INSUREDS OPERATIONS
SA fv1 P LE ~Y1/u . Currf'nl f'erl-l/-}Cf1k !-v kldxed.
CERTIFICATE HOLDER I CANCEl LATlON ..
SHaJLD ANY OF THE ABOVE DESCRIBED PQ.IClES BE CANCELLED BEFORE THE
EXPIRATION DAle THEREOf, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
CITY OF PARKLAND ..JQ.... DAYS WI'lITTEN NOTICE TO THE CERTlFICAlE HOlDER NAMED TO THE LEFT,
ATTN:CARYN GARDNER BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
6600 UNIVERSITY DR. Of IHY KIND UPOI THE INSURER, ITS ACENTS OR REPRESENTATlVES.
FT. LAUDERDALE, FL 3306 7 AUTHORIZED REPRESENTATlVE ~~,AL
Susan Weaver/SHW
;ACORD 25 (2001/08) FAX: (954)341-5161
~ACORD CORPORA TlON.1988
Client#: 45677 QUA TR1
ACORD,,, CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYY)
06/09/05
PRODUCER THIS CERTIFICATE IS ISSUED.AS A MATTER OF INFORMATION
Advanced Insurance Underwriters ONLY AND CO~FERS NO RIGHTS UPON THE CERTIFICATE
3260 North 29th Ave. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Hollywood, FL 33020-1313
954 963-6666 INSURERS AFFORDING COVERAGE
"&URED INSURER A.; Associated Industries Insurance Comp
Quality Transport Service Inc INSURER B:
650 NW 27 Ave INSURER c:
Ft. Lauderdale, FL 33311 INSURER 0:
,
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
AJt( 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
SR TYPE OF INSURANCE POLICY NUMBER . POLICY ijFFECTIVE UMITS
GENERAL UABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE D OCCUR
DEDUCTIBLE
RETENTION
A WORKERS COMPENSATION AND
EMPLOYERS' UABILITY
2005334899
05/06/05
05/06/06
EACH OCCURRENCE S
FIRE DAMAGE (Anyone fn) S
MED EXP (Any one person) 5
PERSONAL & AOV INJURY 5
GENERAL AGGREGATE S
PRODUCTS -COMPIOP AGG 5
COMBINED SINGLE LIMIT 5
(Ea acx:Ident)
BOOIL Y INJURY S
(Per peraon)
BODILY INJURY S
(Per accident)
PROPERlY DAMAGE S
(Per 8CXIdent)
AUTO ONLY- EA ACCIDENT 5
OTHER THAN EAACC S
AUTO ONLY: AGG 5
EACH OCCURRENCE S
AGGREGATE S
S
S
5
WC STATU. OTH-
GEN1. AGGREGATE LIMIT APPLIES PER:
PRO-
LOC
AUTOMOBILE UASILITY
AJolY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE UABILlTY
ANY AUTO
EXCESS UABILITY
OCCUR 0 CLAIMS MADE
OTHER
E.L. EACH ACCIDENT $500 000
E.LDlSEASE .EAEMPLOYEE $500000
E.L. DISEASE - POLICY LIMIT 5500 000
DESCiRPnoN OF OPERAllONSlLOCA TIOHSNEHICLESlEXCLUSIONS ADDEO BY ENDORSEIIIENTISPECIAL PROVISIONS
Project #P-2004-16 Community Transportation Bus Service
CETlFICATE HOLDER
City of Lauderhlll
2000 City Hall Drive
Sunrise, FL 33313
SHOULD ANYOFlH EABOVE DESCRIBED POLICIES BE CANCELLED BEFORE lHE ElCPlRATION
DATE THEREOF; THE IS$UING "SURER WILL ENDEAVOR TOMAlL30.-DAYSW~N
NOllCETOTHE CER11FICATE HOLOERNAMED.lOlHELEFT, BUTFM.URE lODOSOSHALL
IMPOSE NOOBLlGATlOH OR LIABILITY OF ANYIOND UPON THE INSURER,ITS MENTSOR
REPRESENTATIVES,
AUTHORIZED REPRESENTATIVE
ACORD 25-5 (7/97) 1 of 2
#M321238
It ACORD CORPORATION 1988
.
.
.
DRUG FREE WORKPLACE CERTIFICATE
The undersigned vendor hereby certifies that it will provide a drug-free workplaqe pro&:rmit by:
1. . Publishing a statement. notifying its employees that the unlawful.. manufacture,
distribution, dispensing, possession, or use of controlled substance is prohibited in the Bidder?s
workplace, and specifying the actions t1uit will be taken against employees for violations 'of such
prohibition;
2. Establishing a continuing drug-free awareness program to inform its emplQyees about:
a. The dangers of drug ab~e in the workplace; . .
b. The Bidder's policy ofmaintaiI$.g a drug-free. workplace;. "
c. Any available drug counseling, rehabilitation, and employee assistance programs;
d. Thepena1ties that maybe imposed upon employees for dnig abuse violations
occurring in the workplace;
, 3. Giving all employees engaged in performance of the contract a copy of the statement
~urredbyp~~hl; "
4. Notify all employees, in writing, of the statement required by paragraph 1, that as.a
condition of employment on a covered cOntract, the employee shall: .
a. A proposal by the terms of the statement;
b.
Notify the employer in writing of the employee's conviction under a criminal
drug statute for aviobltion occurring in the workplace no later than five calendar
days after such conviction;
5. Notifying South Florida Regioilal Trasnportation.Authority in writing within ten calendar
days after receiving notice under subdivision 4(a) above, from an employee or otherwise
receiving actual notice of such conviction. The notice shall include the position title of the
employee;
6. Within thirty (30) calendar days after receiving notice under p~graph 4 of a conviction,
taking one of the following "actions with respect to an employee who is convicted of a dnlg abuse
violaqon occurring iri the workplace.:
a. Taking appropriate personnel action against such employee, up to and including
temrination; or
b. Requiring such employee to participate satisfactorily in a drug"abuse assistance or
rehabilitation program approved for such purposes by a federal, state or local
health, law enforcement, or other appropriate agenc~ and
7. Making a good faith effort to maintain a drug-free workplaCe program through
implementation of paragraphs 1 through 6.
ITB NUMBER 03-193
OF-I OF 2
Contractor:
. &VAL-Irv' rRAt'JsPoer SlElJ.tlfLes.lt.J~
" 'A(P;::tIi-rized- st~ ~~))JPi-l ~ 1. d" '., '
..~~
K4M .'. /Je.(riNi" . . "f/~/():o ·
Name of A';tO~ Si~ . .I . Dii
, .
....By:.
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,
.
-
. ,
,
I .
.8KOWMlo.
,CoUDtyOf "
F /""0 LI.DfY
I....
Aftlx. Corporate S~al .
(If AppU~le)
,. .
. ,
t..'
I '! '1 ' .
s-= Of
. '
The' foregoing ins~~t was acknowledg.ed before me on this ,J2tpCt . day o~U . 200 .
By ta~r . '"':J." .... ..' . '.' . . . '. . .
An individual acting in their own right; . ~,
-1L
Pres idp t\-..J-
Title 'h · d
a' hot'1 t(
State .
of ~-r;tu>S.forLW-vi&olff(
Corporation, on behalf of the corporation.' '
. Acknowledging partner/agent on behalf of
a partnership. Name of partnership
niis person is personally known me or 'has prod~~. h;V"r-"~K~
identification and who (did/did not) take an oath. . ,
Place N~tary Seal Here
as
i
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! .
Signature of Person Taking Acknowledgment
---:;
. ,
ZA....; 1. ~. PtJ-4.vyJ ·
Title . /
In lieu of Stamp:
17. aooe:J
t
(j) Marb 0. Roldan
: 'MY~' Dl1056.. .102 EXPIIlES
.:. Auav111l 2005 .
: . IOftDrDHlT_Mit ItIIIINQ INC. .
ITS NUMBER 03-193
DF-2 OF 2
City of North Lauderdale Ridership Summary
OCTOBER, 2003
Total Monthly PanengetS:
305.5
311.9
520.8
204.7
Total MonthlyP~r Miles:
71
66
87
n
Wednesd
74
92
52
81
88
Saturd
51
59
74
64"
1673.0
Wednesd
485.6
825.3
262.0
991.9
340.8
" 13894.7
Dally Revenue Miles:
Mondav T Wed Thursdav Fridav " SaturdaY
111.0 112.0 " 101.0 95.0
93.0 102.0 102.0 118.0 " 102.0
" "101.0 120.0 100.0 103;0 100.0
100.0 120.0 101.0 1 Ot~O 119.0
101.0 122.0 102.0 101.0
Total Monthly Revenue III"':
TotIIl8cheduled Revenue ...
Total Vehicle HoIn
Total Revenue Moun
Service Days
PasslRevenue Hour
Total Monthly Vehicle Mlles:-
AM. 1st davthls month
Veh .104 58,063.0
2427.0
2613.9
"197.8
239.2
23
7.0
2,495.0
PM - LMt" dav this month
60,578.0
I2lIl .
2,495.0
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I Bus #:
/HUbometer:
I Driver:
IDate:
~
~:~Pre~ Trip/Post. Trip Inspection
D.O.T. FEDERAL LAW REQUIRES THAT YOU FILL THIS FORM OUT COMPlETELY.
DESCRIBE IN DETAIL AH'f MECHANICAL DEFECTS THAT YOU SEE, HEAR. SMell OR FEEL AND ANY ACCIDENT DAMAGE.
INSPECT ITEMS USTED - , INDtCA TE AMY COACH DAMAGE ON THE BELOW PROFIlE
tAARK eox WITH ~ IF DEFECTIVE
ENGINE
a OIL LEVEL
a WATER LEVEL
" Cl LOOSE BELTS
a FLUID LEAKS UNDER BUS
TIRES
,(J LUG NUTS
(J TIRE PRESSURE
o TIRE CONDITION
(J WHEEL OIL lEAKS
BODY
(J BODY DNMGE
Cl LUGGAGE BAY DOORS
a WINDOWS
BATTERY
o BATTERY DOOR
o BATTERY SWITCH
NOT TURNED OFF
SYSTEMS CHECK
(J FUEL LEVEL
o POWER STEERING
o BUS AIR PRESSURE
a BRAKES
o PARKING BRAKE
a HORN
a WINDSHIELD WIPERS
o MIRRORS
EMERGENCY
o TRIANGLES
Cl FIRE EXTINGUISHER
o INSURANCE I REG.
ELECTRONICS
o 2-WAYRAOlO
o PIA SYSTEM
OTVNCR
CLEANLINESS
o EXTERIOR ClEAN
o INTERIOR CLEAN
o CONqfTION OF FLOOR
a SEATS BROKEN
o SEATS LEFT RECUNED
(J REST ROOM CLEAN
a TOILET PREP.
(J ROACI-ES
LIGHTS
a HEADLIGHTS
Cl TAlLUGHTS
o . BRAKE UGHTS
o BACK-UP lIGHTS
8 TURN SIGNALS (L) (R)
HAZARD WARNING UGHTS
a INTERIOR UGHTS
o CLEARANce LIGHTS
o MARKER UGHTS
Cl ENGINE MEA UGHTS
Cl LUGGAGeBAYUGHTS
o STEP WELL UGHTS
Cl ORIVER'S lIGHT
o INSTRUMENT ~ANEL UGHTS
AlC
a AIR CONDITIONING
a HIGH IDlE
DRIVER: USE SPACE BELOW TO EXPLAIN DEFECTS
REMARKS:
I Driver Slgnatl:lre:
CJ DEFECTS SHOWN 00 NOT PREVENT THE SAFE OPERATION OF THIS VEHICLE
o VEHICLE IS UNSAFE
I, CERTIFY THAT ALL SAFETY RELATED ITEMS HAVE BEEN PROPERLY REPAIRED AND THE VEHICLE IS ROAD-READY,
UJ:~~.ANI~ ~I~NATIJRF~
DATE:
TIME:
I
BPt:<JWARD
. . ~ COUNTY
FLORIDA
Office of Economic Development
SMALL BUSINESS DEVELOPMENT DIVISION
Government Center Annex
115 S, Andrews Avenue. Room A640 · Fort Lauderdale. Florida 33301 · 954-357.6400 . FAX 954-357-6742
February 25. 2004 .
Ms. Kathy Herring, President
Quality Transport Services, Inc.
650 NW 27th Avenue
Fort Lauderdale, FL 33311
Dear Ms. Herring:
The Office of Economic Development Small Business Development Divisionis pleased to
announce that your company has been certified as a Woman Business Enterprise (WBE) White,
for a period of three (3) years. This certification is based on a review of your information affidavit
and other documents submitted. It is subject toa validation on a project by project basis.
Certification by this office enables your company to participate in contracting opportunities offered
through Broward County Govemment .asa WBE. It does not guarantee that your company Will
receive work. You are certified to participate in the following category(s): '
Transportation: Motor Coach '
Any changes in the company ownership; control, operations, address, telephone number, or 9ther
change that substantially alters ownership and/or control by the minority principal(s) must be filed
with this office not later than thirty,(30) days aftet the change.
I Questions conceming the certification proCess may be directed to this office at 954..357 -6400,
I and refer to File #04-309. "
I '.. ,
I'Sincerely,
n, Manager
I Business Development Division
CERTIFICATION APPROVAL DATE: gj/2~1Q4
"
CERTIFICATION EXPIRATION DATE: gj/~9lQI
!
I 8m
.IOSeIlhus EggeUetlOn. Jr. . Ben Graber. Sue Gunzburger .
,
ers
JOhn E, Rodstrom. Jr. . Jim Scott. DIana Wassenr'Jn-Rubln
tio'Z
Issued by the Governing Body oftbe .
Town of Lauderdale- By- The-Sea, Florida
, '>';'., .~",;..",:;"
WHEREAS, Mattie Pearl Level has served honorably with the Browardc()\lnty
Division of Transportation for over 22 years; and '
WHEREAS, Mattie Pearl Level has been assigned to work within the Town of
Lauderdale-By-The-Sea as its driver for the Pelican Hopper which serves as the Town's
community transportation bus; and
WHEREAS, Mattie Pearl Level continuously demonstrates her enjoyment with her
assignment and is praised for her services by those who most often take advantage of the
service provided by the Pelican Hopper; and
WHEREAS, Mattie Pearly Level has always graciously agreed to participate in the
Town's special events, including the Fourth of July Celebrations.
NOW, THEREFORE, I, Oliver Parker, as Mayor of the
Town of Lauderdale- By- The-Sea, Florida,
do hereby proclaim
November 9, 2005
CUI Mattie Pearl Level Day
I
i
! F R\\l
,
lAnes; A1~~b .
I
In witness whereofwe h~ve hereunto set our
hand. and caused this seal to be qffixed
November 8,2005
CITY OF DELRA Y BEACH
ADDENDUM NO.1
RFP #2006-01
BUS SERVICE PROVIDER TO OPERATE
SHUTTLE BUS ROUTES IN THE
CITY OF DELRAY BEACH
Addendum No.1 dated November 01,2005, to the Specifications and Contract Documents for the
above referenced project, is hereby declared a part of the original Specifications and Contract
Documents, and in case of conflict, the following Addendum shall govern.
Bidders are advised that the information contained in this Addendum is abbreviated and general in
nature. It is the Bidders responsibility to include all items necessary for the proper execution,
coordination and completion of all work/service directly affected by this Addendum.
CHANGES ARE AS FOLLOWS:
1. Bid Opening Date of Tuesday, NovemberQ8, 2005 to be cancelled due to storm (hurricane).
2. Addendum #2 to be released in very near future to announce the new scheduled bid opening
time and date.
3. Answers to the questions submitted in writing to Purchasing to be included.
Bidders shall acknowledge receipt of this Addendum by completing the appropriate section below and
submitting with your bid proposal package.
~A~_ .
J . ynR.. ney ~
Purchasing Manager
Authorized Signature:
ADDENDUM #1
~{L
{W,JM~
~J~{ r'/ fM,J~fOfbr ~Jf~ INL
I I
(p ~ 0 N tAl 'd.. 7'(r /Jv& F r LAu DEt2DltL t
96.,) 71t ~~o '\ Fax: _( fr ~ 771 J.\~
Name & Title:
Company Name:
Address:
FL 333/1
Phone:
11115/2005 18:08 FAX 5612437166
CITY OF DELRAY BEACH
III 008/0 1 ()
.-
CITY OF DELRA Y BEACH
REQUEST FOR PROPOSALS #2006-01
Bus Service Provider to Operate Shuttle Bus
Routes in City of Delrav Beach
RFP #2006-01
ADDENDUM NO.2
l
Addendum No. 2 dated November 11, 2005, to the Specifications and Contract
Documents for the above referenced project, is hereby declared a part of the original
Specifications and Contract Documents, and in case of conflict, the following Addendum
shall govern.
Bidders are advised that the information contained in this Addendum is abbreviated and
general in nature. It is the Bidders responsibility to include all items necessary for the
proper execution, coordination and completion of all work/service directly affected by
this Addendum.
Changes are as follows:
1. New Bid ODenin2 Date: FRIDAY, NOVEMBER 18,2005 AT 3:00 PM IN THE
PLANNING & ZONING CONFERENCE ROOM, CITY HALL, 100 NW loST
AVENUE, DELRAY BEACH, FLORIDA.
Selection Committee Meeting: December 2. 2005/ 3;00 PM, 1 tt Floor Conference Room,
City Hall.
2. OUESTIONS RECEIVED AND ANSWERS:
Ql) Page 1 of the RFP states in paragraph 3 that an original and five (5) copies
are to be submitted and on page 4, Section 1-3. titled Proposal
Submissions and Withdrawal states that vendors shall submit an original and
seven (7) copies.
A 1) An original and seven (7) copies shall be submitted with all proposals.
Q2) Page 1 of the RFP states the initial term shall be for a three (3) year period with
the option to renew for two (2) additional years and on page 28 of the RFP,
Section 4.20 titled Contract Period states the tenn of the agreement shall be for a
three (3) year period with two one (I) year renewal options at the mutual
agreement between the Contractor and the City. Will the option be for a two
year term or two one (2) year renewals?
11/15/2005 18:07 FAX 5612437166
CITY OF OELRAY BEACH
~003/010
A2) The terms of the agreement shall be for a three (3) year period with two one (I)
year renewal options at the mutual agreement between the CONTRACTOR and
the CITY.
Q3) The maps on page 30 and 31 titled Exhibit hA" #1 and #2 are almost impossible
to read. Is it possible to provide another route map with the addendum or a
detailed description of the pf'oposed routes.
A3) The proposed routes are as follows:
)0> Route ] I Round Trim Delray Beach Tri Rail Station to the beach via
Congress Avenue North to Atlantic Avenue; then east to Swinton Avenue;
then South to SE )&t Street; then east to SE 61h Avenue (northbound
Federal Highway); then north to Atlantic Avenue; tben east to SR AlA
(Ocean Blvd.); then south on SR AlA to Mirimar street; then west on
Mirimar Street to Gleason Street; then north on Gleason Street to Atlantic
Avenue; then west on Atlantic Avenue NE 6lh Avenue (northbound
Federal Highway) i then north on NE 6lh Avenue to NE 1 &t Street; then
west On NE 151 Street to Swinton A venue; then south on Swinton Avenue
to Atlantic Avenue; then west on Atlantic A venue to Congress A venue;
then south on Congress Avenue to the Tri-Rail Station,
);> Route 2 / Round Trip: Swinton Avenue; then South to SE 1 SI Street; then
east to SE 6th Avenue (northbound Federal Highway); then north to
Atlantic Avenue; then east to SR AlA (Ocean Blvd.); then south on SR
A 1 A to Mirimar Street; then west on Mirimar Street to Gleason Street;
then north on Gleason Street to Atlantic Avenue; then west on Atlantic
Avenue NE 6th Avenue (northbound Federal Highway) ; then north on NE
6lh A venue to NE 1 It Street; then west on NE 1 st Street to Swinton Avenue.
Please note that plans call for the reversion of the one way bypasses to both be converted
to two way roads. Upon completion of this plan NE 1 Sl Street will be both the east and
west bypass for Atlantic Avenue.
Additionally, upon completion of the Delray Beach Library, located on Atlantic Avenue
and SW 151 A venue an additional stop will be added to Route 2. .
Furthermore, upon completion of the Delray Beach Municipal Parking Garage NE I fi
Street at NE I st Avenue, a shuttle recovery area will be provided.
Q4) In addition, I would also like to ask the City of Delray Beach to reconsider the
Automobile Liability Insurance limits of $5,000,000 per occurrence described in
Exhibit "B" on page 32 of the RFP. I believe that these limits are excessive and
consideration should be given to decrease these limits. Currently, our company
provides shuttle service for the SFRT AlTri-Rail, City of Pompano Beach, City of
Plantation, City of Dania Beach, City of Hallandale Beach, City of A ventura,
11/15/2005 18:07 FAX 5612437166
CITY OF OELRAV BEACH
~004/010
Town of Bay Harbor Islands, Village of aal Harbor, City of Miami Lakes and the
FOll Lauderdale Transportation Management Association_ All of these contracts
require $1,000.000 liability limits per occurrence. In order to provide the
$5,000,000 liability coverage the contractor will be required to charge a higher
hourly rate.
A4) The City has reconsidered the Automobile Liability Insurance limit and will
reduce the amount of coverage required to $1,000,000. This lowering of the limit
is the only modification to the RFP with regards to insurance. All other insurance
requirements must be in compliance with the RFP.
Q5) Does the Contractor need a minimum of three (3) buses for services?
AS) Section 4.6.3 in the scope of services requires an inventory of two (2) primary and
one (1) replacement vehicle.
Bidders shall acknowledge receipt of this Addendum by completing the appropriate
section below and submitting with your bid proposal package.
JackJyn Rooney. Purchasing Manager
561-243-7163.
Authorized Signature:
/AX::4-
fXM M~-NJtG.6R-
~rw.1 1t2tcrJ'Polbt- ~/~ /Nv
b ~ tJ N tJ J-7 (if- Au-c ~r Utu bfflJ/r[ifP L-
71' ~s 0" (9S'f) Fax: 70/ I ;:l S" '1/ (95"V 383//
Name & Title:
Company Name:
Address:
Phone:
.
CERTIFICATE
(If Corporation)
STATE OF FLORIDA
COUNTY OF f.>rOlJJ(Jv(J
)
) SS
)
)
Q
I HEREBY CERTIFY that a meeting of the Board of Directors of
, a corporation under the laws of the State of
---fjt0r;A,l~, held on~, 20OS:the following
resolution was duly passed and adopted:
"RESOLVED", that r, as
President of the corporation, e/she is he y 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 ~day of -lJJ D" i'J'l'l W, 20{LS
//n ,~;//
(le~~!!v ~
(Seal)
17
STATE OF
t~)~
CORPORATE ACKNOWLEDGMENT
2 0#-, b~
-c-{)fJ~
Lr; v t? I~,e I rf(;
1/--/R-t>S'.
COUNTY OF
The foregoing instrument was acknowledged before me this ~day of
fl/ifYoI R/w~ 1....--- . 2~y [oil.. I ~ W l~ nttt-l~;,tjJ r; officer
or agent, title of officer or agent), of (state or
place of incorporation) corporation, on pehalf of the corporation.
He/She is (personally known to me) (or has produced identification) and has used
his/her FlOry b4- ! l L (type of identification) as
,
erson Taking
ent
identification.
Name of Acknowledger Typed,
Printed or Stamped
16
EXHIBIT" A" #1
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EXHIBIT" A" #2
31
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A~el;~D l/51
.iIlN 3 0 20
Crr 05
. Y MANAGER
e,e.' ;;~~ !J1(1d//4~^)
~ /-3~~Oc;
January 2, 2006
Jackie Rooney, Purchasing Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
RE: RFP # 2006-01 - Bus Service Provider to operate Shuttle Bus Routes in the City
of Delray Beach City Limits
Dear Ms. Rooney,
I am in receipt of your letter and response to my letter that you faxed to me on Friday,
December 30, 2005 at 3:33 p.m. (attached as Exhibit 'B"). I would like to first clarify
that my letter of Protest dated December 8, 2005 (attached as Exhibit "A") was in fact
submitted in a timely manner pursuant to the City of Delray Beach Purchasing Policies
and Procedures, Section XV "Bid Protest Procedure" that states in Paragraph (2) "The
time limit for filing a protest is five (5) calendar days from the date bid results become
public information". The BID RESULTS become public information after the Review
Committee ranks the proposals. The key word is RESULTS. The ranking of the proposals
were made on Monday, December 05, 2005 at the Review Committee Meeting and you
received my protest letter on December 08, 2005 which is confirmed in your letter.
Therefore, the protest was filed within the 5 calendar days allowed in Section XV "Bid
Protest Procedure" (copy attached as Exhibit "e").
My letter of Protest was to inform the City of Delray Beach that these Mandatory Vital
Items were not included in the RFP submission of Quality Transport Services, Inc. and
should have been discovered prior to evaluation of the proposals. There were three (3)
Mandatory Vital Items that were not included in Quality Transport Services response to
the RFP.
The RFP documents prepared by the City of Delray Beach state the following;
1) "Failure to affix signature will result in disqualification of proposal". This
sentence is very clear and says WILL RESULT IN DISQUALIFICATION.
This is not a minor irregularity that should be waived or compromised. It was
mandatory.
2) ~'A copy of the license(s) held by the Vendor must accompany the proposal". It
does not say should, it says MUST.
Meet & Greet Executive Sedans Luxury Limousines Vans Mini-Buses Motorcoaches
2595 Northwest 38th Street Miami, Florida 33142-5254
Nationwide 1-800-782-5250 Broward (954) 925-5466 Dade (305) 940-5252 Palm Beach (561) 930-5466
Website: www.limosofsouthfla.com E-mail: luxuryservice@limosofsouthfla.com ~ ~. S.lo
Page 2
January 2,2006
Jackie Rooney, Purchasing Manager
eity of Delray Beach
3) "eontractor shall provide the eity a detailed inventory of primary vehicles to be
used for the shuttle services required herein including at least one (1) spare". It does
not say may, it says SHALL.
Items #2 and #3 may be considered technicalities or irregularities but Item #1, FAILURE
TO AFFIX SIGNATURE WILL RESULT IN DISQUALIFICATION OF
PROPOSAL is not a minor technicality or irregularity.
The ranking of the Selection Review eommittee gave Quality Transport Services, Inc.
422 points out of a possible 500 total points and Limousines of South Florida, Inc. 420
points out of a possible 500 total points, only a 2 point difference. If the selection
committee would have been informed by the Purchasing Department or staff that the
Mandatory Vital Items were non-existent in Quality's proposal, maybe the two points
difference would not exist. These items were not discussed in any fashion whatsoever
because no one was aware of the lack of these items until my letter of Protest dated
December 8, 2005.
I believe that the integrity of the process needs to be enforced and ask that whoever made
the decision to waive these technicalities or irregularities be given the opportunity to
reconsider their position and to accept my protest as timely.
you for your immediate attention in this matter.
President
encl:
cc: Mayor Jeff Perlman
Vice Mayor Jon Levinson
Commissioner Pat Archer
eommissioner Rita Ellis
eommissioner Alberta Mcearthy
Meet & Greet · Executive Sedans · Luxury Limousines · Vans · Mini-Buses · Motorcoaches
2595 Northwest 38th Street. Miami, Florida 33142-5254
Nationwide 1-800-782-5250. Broward (954) 925-5466. Dade (305) 940-5252. Palm Beach (561) 930-5466
Website: www.limosofsouthfla.com. E-mail: luxuryservice@limosofsouthfla.com
EXHIBIT "A"
~ ~. ~i..!~ 4.;d~~~c ~il),r ~;.~'12~;' ;',oJ!1i) f??:
"'-. 'i. in;:~.~;.: ~.A, .~;:=(g~i,;0I2Iw;:z"
i~'~" I "~ ~..~.. />.7. "/7=.1... VClf' i&..N:!/'!:%}Sr.!:/'"-.:/"........
.;--~ 6)' r .,:~..' "J!f;OJt.!:Z5!5~:;:("'i :: :-c. .~., ..:
.'."'. G>1 ~, . '="'.'. . ....- ...... '. ,..
. ~ 1ft.. '''Your ;:11 se:V;;e t~~nsp~rt~tjon speciQ;;;~"
December 8, 2005
Jackie Rooney, Purchasing Manager
City of Delray Beach
100 N.W. 1 st Avenue
Delray Beach, FL 33444
RE: RFP # 2006-01 - Bus Service Provider to operate Shuttle Bus Routes in the City
of Delray Beach City Limits
Dear Ms. Rooney,
This letter is to inform you that Quality Transport Services, Inc. should be deemed non-
responsive and disqualified from the above referenced RFP process for the following
reasons.
1) On page 9 of the RFP, Item 3.4, titled Proposal Worksheet states "Failure to
affix signature will result in disqualification of proposal." Attached is a copy
of Page 9, marked as Exhibit "A". In Quality Transport Services response to the
RFP, this page was not submitted. .
Note: 1 confirmed with you on 12/08/05 that this item did not exist in Quality's
response.
2) On page 7 of the RFP, Item 1.11, titled Licenses states "Vendors must furnish
satisfactory evidence that they have licenses as required to do business in the
State of Florida," and then states "A copy of the licensees) held by the Vendor
must accompany the proposal. " Quality Transport Services did not submit any
licenses in their response to the RFP.
Note: 1 confirmed with you on 12/08/05 that this item did not exist in Quality's
response.
3) On page 21 of the RFP, Item 4.6.3 titled Vehicle Inventory states "Contractor
shall provide the City a detailed inventory of primary vehicles to be used for
the shuttle services required herein including at ieast one (1) spare." Quality
Transport Services did not provide any vehicle inventory nor did they describe
what type of vehicle in their response to the RFP.
Note: 1 confirmed with you on 12/08/05 that this item did not exist in Quality's
response.
Meet & Greet Executive Sedans Luxury Limousines Vans ll'fini-Buses Motorcoaches
2595 Northwest 38th Street Miami, Florida 33142-5254
Nationwide 1-800-782-5250 Broward (954) 925-5466 Dade (305) 940-5252 Palm Beach (561) 930-5466
Website: www.limosofsouthfla.com E-mail: luxuryservice@limosofsouthfla.com
Page 2
December 8, 2005
Jackie Rooney, Purchasing Manager
City of Del ray Beach
The RFP process should hold high standards of Integrity and when the RFP documents
are this clear, nothing should be compromised. The items described above are vital items
in the RFP process fuld therefore the proposer, Quality Transport Services, Inc. should be
deemed non-responsive and disqualified. Thank you for your attention and consideration
in this very important matter.
./~~ / .//~
// Sind~dy, .' <'
. ...1". ___', "
j .....- .~,...~"../>/ ,. .,./ ) -' /
~ i. 'l ~ ~
,/ l-~ /~/"'---'---7;Y
,/ Mark~itt' /
President
encl:
. cc: Mayor Jeff Perlman
Vice Mayor Jon Levinson
Commissioner Pat Archer
eommissioner Rita Ellis
Commissioner Alberta McCarthy
Meet & Greet. Executive Sedans. Luxury Limousines" Vans $ Afini-Buses "lvfotorcoaches
2595 Northwest 38th Street · Miami, Florida 33142-5254
Nationwide 1-800-782-5250" Broward (954) 925-5466. Dade (305) 940-5252" Palm Beach (561) 930-5466
Website: www.limosofsouthfla.com to E-mail: luxuryservice@limosofsouthfla.com
EXHIBIT "A"
sei2ctsd. T;-12 C!t~y' cf De!;-d\,' 32S.:;;--: ;-2~.e!-\-e.::, ~;-ie
. ,. .'
::::r:.;:=; t;!.~:--:;:=:T;;---::;
~ ~ . - _.. - -. - -. - - ..
-"'. -''''''' -........
i ~~C;_':" ::1' ~ \'
--I: a~;' ~;r:-;:~;C;.S;;.3'
3.4 ?RCPCS~A.L VVORJ{SHEET
j ns undsrsigned:. as \/endDi ]fer-sDY !JeCiares ~! ldL U!C onrV Dei-son O!- persons
inteiBsted in the Proposal: as principal or principals: is or are n.arned herein and that no
other person than herein mentioned has any interest in the Proposai or the Contract to
v/i~jch the \1\lOjJe pertains; that this Proposal is made vvithout connection or 8!langement
with any other person, company, or parties making a proposal and that the Proposai is
in all respects fair and made in good faith without collusion or fraud.
The \iendor further declares that he has examined the Contractual 'Documents}
including the .A\dvertisement, In\/ftation for Proposals, Proposal! Technical
Specificatic)ns, Draft ContracC and. has read a!f addenda prior to the opening of
proposafs, and is satisfied fuUy refative to a!l matte'rs and conditions \-'\lith respect to the
vv'ork to \NOhien this Proposal pertains.
The Vendor proposes and agrees, if this Proposafls accepted, to contract with the
City of Delray Beach in the form of a contract specified' by the City, to furnish all
necessary materialsl aH equipmen( suppliesJ s"nd iabar necessar-y to cornpiete the \,tv()rk
specified in the ProposaJ and the Contract, and caned for by the Specifications and in
the manner specified.
The hereby undersigned representative of the Vendor certrfies that they are an
authorrzed representative of the Vendor who may !egaliy bind the Vendor:
*stGNATURE:
-.
Name:
Title:
Printed
Company:
Address:
Legally registered name
City:
State: "
Zip:
Telephone No:
Fax No:
7:"FaHure to affix signature if./fH result in dfsquaHfication af proposaL
Note: if there are any terms and/or conditions that are in conffict, the most stringent
requirement shall apply.
o
./
]2~3~/2005 15"33 FAX 58 2437188
CITY OF DE~RAV BEACH
[4J 002/007
EXHIBIT "B"
[ITY OF fJ~lRA~~ Rr;AI:H
pEL~~ y. gE~.C~
tF~.~
Ail-America City
, , II J t~~u~~:~~~'o~~~~~n~JOrida
,.. (S'Q5?5 ~~rth,,~est ~~t: St~eet
1993 MIami, rlonda 3...;,.....2-)254
2001
vJ r-~" /.,j ..... ;,\.j'r~, :;!..- L;L_,:':AY ~:J\C~:, F~,):-{;f"")A :~3~4~
Sb !/24:j~:/0(~(;
D$cerT.bcr 30: 2805
RE: RFP #2006-01
Bus Service Provider to Operate Shuttle Bus Rou ~e~ in the
City of Delra)' Beach City Limits
PrOlcst Letter d3ted December Og, 2005 16:48 pm.
Dear Mr. Levitt;
Your letter dated December 08, 2005 was not received in Purchasing in a timely manner, and
therefore your protest will not be considered as a valid protest. Per the City of Delray Beach
Purchasing Policies and Proccdi,lres, S~ction XV "Bid Protest Procedure", it ;;rates the time limit
for filing O:l protest is five (5) calendar days from when the Bid opening becomes public
information.
The Request for Proposal (RFP) #2006-01 opened November 18,2005 and all proposals received
were on file in the purchasing office, The ranking of these proposals was done by the review
committee Monday, December 05,2005,
On December 06, 2Q05, a [ax was received ill Purchasing from your compaI1Y requesting the
score sheet from the review committee meeting and a copy of the proposal recl$ivcd from Quality
Transportation, and on December 08, 2005, a fax WRS received. in Purchasing from your company
requesting that Quality Transport Services Inc. be deemed non~responsive.
Purchasing believes this protest was not received in a timely manner and that you did not receive
an unfair competive advamage because [he ranking was not done until December 5, 2005.
However, the City reserves the right to waive these timely irregularities. This item is :.>cncdl.llcd
for the City Commi~:,;ion Meeting of Tuesday, January 03, 2006. You are invited to attend this
public meeting.
.S~inCCrclY ~ 1 ,- ')
C-; -.e.if01d?/,/\" !e 0-2)y1..;"-?/"
Ja klyn Rooney, Purchasing Ma.nager
Cc; Joseph Safford, Finance Director
Susan Ruby, CiTY Attorney
David Harden, City Manager
Attachments:
/XJt " I' ",. .,.., '".
~l ~II!i 1.'1} iU/ , I. ..;r(, j~'11 I ,"4Jar
TIC EiFDHI AL\oVp,yS MpTrr:-Rs
'2~3~/2005 It J~ ~AX 5S12~2?l8S
. .
CITY OF U~LKf" 8~~~H
!4J on 1007
EXHIBIT "C"
(.&01
.. '-"
Sr:Ci'ION xv
BID PROTEST PROCEDURE
The following is the procedure
protests of formal, se~led bids
",-hier. shall
DS: followed
for
all
,...,_ -,_...._.-..~....T,..
",........ t'....-.t'....._~_w.
(1) In order to be considered~ protests concerning the bid or RFP
So~~CiLa[ion or award rouSL be r~~ed in writing w~th the
PU4cha~ing Officer, and may only be filed by bidde~s who may be
aggriev~rl by the solicits~io~ ~~ ~~~rd. Prcccsts shall Dc
addressed t6~
Purchasing Officer
100 N. W. Firat Avenue
Delray Beach. Fl. 33444
(2) The time limit ror filing a protest is five (5) calendar clays
from the date bid results become public information.
(3) No action to award a bid under protest "ill be takEOn until
either the protestor withdr,sO!s the protest) or the. City
Commission de.termines the p:totest is ;.riehout tlj,erit, and
approves the bid a.ward.
(4) Upon receipt of a timely protest. the Purchasing Officer will
review the protest, consult with appropriate City staff, and
igsu~ a written finding (Approved by ths City ~~fiager and City
Attorney) ~th1n t~enty (20) working .days of receipt of the
prot8$t. A protest will only be considered to have merit if it
can be proven th~t an action, or lack of action, by the City
gave a bidder an unfair competitive advantage. If the protest
is found to have merit, appropria~e action to correct the
situation will be taken.
(5) The written finding of the Purc~asing Officer shall be sent by
United States mail to the address.of the protestor as set forth
in his bid documents, and receipt of this notice shall be deemed
to OCcur ~ithin five (5) calendar daye from the mailing of the
notice .:
I
(6) If the City Manager finds no merit in the protest, ~nd doe~ not'
direct alternative action by st&ff, the recommendation of staff
in the written findings of the Purchasing Oificer shall be
pl~ced. along with the recommended bid a~ard, on a City
Commission agenda for Commission action. The protestor may
appear at the Commiesion meeting and state his prct~6t;
however, the City Commission shall be free to award the bid and
,enter into an agreement.
~
THRU:
DAVf)~
PAUL DORLlNG, DIRE
OR OF PLANNING & ZONING
RIC PRESERVATION PLANNE~
TO:
FROM:
AMY E. ALVAREZ, HIS
SUBJECT: MEETING OF JANUARY 3, 2006
CONDITIONAL USE REQUEST TO ALLOW AN OUTDOOR AMPHITHEATER AT
THE SUSAN WILLIAMS AND S.D. SPADY CULTURAL ARTS CENTER. 154-170
NW 5TH AVENUE. WEST SETTLERS HISTORIC DISTRICT.
The property contains the two-story, 1,077 square foot S.D. Spady Cultural Arts Museum which
was built in 1926 and the one-story, 965 square foot Susan Williams house built in 1935. Each
structure is individually listed on the Local Register of Historic Places; both are located in the
West Settlers Historic District. The two-story Spady House is recognized for its architectural
significance as well as its cultural significance as the home of a prominent black educator and
community leader in the City. The Susan Williams House is a bungalow style structure,
recognized not only for its architectural significance but for its cultural significance as the home to
a mid-wife who often provided the only medical service in the historic Sands area, part of the
current West Settlers Historic District.
The applicant, EPOCH, plans to renovate the Susan Williams House for use as a Community
Cultural Arts Center, and to construct an outdoor covered amphitheater with a stage and seating
for approximately 50 people, and a two-story Support Facilities building which would include a
relocated office space from the museum, a concession stand, storage and restroom areas for
visiting patrons. The proposed outdoor amphitheater would be located at the southwest corner of
the site behind the Susan Williams House. The applicant would utilize the amphitheater year-
round for a variety of small gatherings such as program and holiday activities related to the
Cultural Arts Center and Museum. Additionally, the facility will be available for rent to host events
such as weddings and musical presentations.
PLANNI
The Planning and Zoning Board held a public hearing on the proposed conditional use at its
meeting of December 19, 2005. The Board recommended approval of the conditional use with
seven (7) conditions by a vote of 6 to 0, based upon positive findings with respect to Chapter 3
(Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land
Development Regulations, and the Goals and Objectives of the Comprehensive Plan.
Approve the request for Conditional Use to allow an outdoor amphitheater at the Susan Williams
and S.D. Spady Cultural Arts Center located at 154-170 NW 5th Avenue in the West Settlers
Historic District, based upon the findings of fact and recommended conditions contained in the
attached Planning and Zoning Board Staff Report.
Attachments: P&Z Board Staff Report of December 19, 2005
<=tA
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR THE ESTABLISHMENT OF AN OUTDOOR
AMPHITHEATER AT THE SUSAN WILLIAMS AND S.D. SPADY CULTURAL ARTS
CENTER SITE
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This conditional use request has come before the City Commission on
January 3, 2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for the
Susan Williams and S.D. Spady Cultural Arts Center Site. All of the evidence is a part
of the record in this case. Required findings are made in accordance with Subsections
I and II.
I. COMPREHENSIVE PLAN
a. Comprehensive Plan - Future Land Use and Map: Is the future use and
intensity of the development consistent with the future land use map and
comprehensive plan and is it appropriate in terms of soil, topographic, and other
applicable physical considerations, complementary to adjacent land uses, and fulfills
remaining land use needs?
Yes No
b. Concurrency: Concurrency as defined pursuant to Objective B-2 of
the Land Use Element of the Comprehensive Plan must be met and a determination
made that the public facility needs of the requested land use and/or development
application will not exceed the ability of the City to fund and provide, or to require the
provision of, needed capital improvements for the following areas:
Are the concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes
No
II. LOR REQUIREMENTS:
LOR Section 2.4.5(E) Reauired Findinas: (Conditional Use): Pursuant to
Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not:
i. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
ii. Nor that it will hinder development or redevelopment of nearby
properties.
Will Section 2.4.5(E)(5) be met?
Yes No
3. The comments and notes set forth in the staff report are hereby
incorporated herein.
4. The City Commission has applied the Comprehensive Plan and LOR
requirements in existence at the time the conditional use request was submitted.
5. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
6. Based on the entire record before it, the City Commission approves _
denies _ the conditional use request subject to conditions of approval contained in
the staff report and hereby adopts this Order this 3rd day of January, 2006, by a vote of
in favor and
opposed.
Jeff Perlman, Mayor
ATTEST:
Chevelle Nubin
City Clerk
2
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
December 19, 2005
IV.B.
Conditional Use Request to Allow the Establishment of an Outdoor Amphitheater at
the Susan Williams and S.D. Spady Cultural Arts Center Site located at 154-170
NW 5th Avenue in the West Settlers Historic District.
GENERAL DATA:
Owner/Applicant........... .............. EPOCH
Location........ .............................. Located on the west side of NW
5th Avenue, between NW 1st
Street and Martin Luther King Jr
Drive (NW 2nd Street)
Property Size....... ....................... 0.475 Acres
Future Land Use Map................ CF (Community Facility)
Current Zoning............................ CF (Community Facility)
Adjacent Zoning................North: CBD
East: CF
South: CBD
West: R-1-A
Existing Land Use...................... Community Facilities
Proposed Land Use.................... N/A
Water Service............................. Available on site
Sewer Service............................. Available on site
~
I
I
ie,lI~
1m.. :
I' .. :I',~ ~:Iij
I~ illIllI ""' ~~I
AVENUE
~
~
~
The item before the Board is the making of a recommendation to the City Commission on a
request for conditional use approval to establish an Outdoor Amphitheater, at the Susan
Williams and S.D. Spady Cultural Arts Center located at 154-170 NW 5th Avenue in the West
Settlers Historic District pursuant to LDR Sections 2.4.5(E) and 4.4.13(D)( 11 ).
The subject property is located on the west side of NW 5th Avenue, between NW 1st Street and
Martin Luther King Jr. Drive (NW 2nd Street) and is zoned Central Business District (CBD).
The property contains the two-story, 1,077 square foot S.D. Spady Cultural Arts Museum which
was built in 1926 and the one-story, 965 square foot Susan Williams house built in 1935. Each
structure is individually listed on the Local Register of Historic Places; both are located in the
West Settlers Historic District.
The two-story Spady House is a Mediterranean Revival style residence of wood-frame
construction clad in stucco. It is recognized for its architectural significance as well as its
cultural significance as the home of a prominent black educator and community leader in the
City. The Susan Williams House is a bungalow style structure. It is also recognized not only
for its architectural significance but for its cultural significance. Susan Williams was a mid-wife
who often provided the only medical service in the historic Sands area, part of the current West
Settlers Historic District.
The applicant, Expanding & Preserving Our Cultural Heritage, Inc. (EPOCH), is proposing to
renovate the Susan Williams House for use as a Community Cultural Arts Center, and to
construct an outdoor covered amphitheater with a stage and associated seating for
approximately 50 people, and to construct a two-story Support Facilities building which is to
include a relocated office space from the museum, storage space, a concession stand and
restroom areas for visiting patrons.
The proposed outdoor covered amphitheater is to be located at the southwest corner of the site
behind the Susan Williams House. The applicant is requesting year-round utilization of the
amphitheater for a variety of small gatherings, such as program and holiday activities related to
the Cultural Arts Center and Museum. Additionally, the facility will be available for rent to host
events such as weddings and musical presentations. The dimensions of the amphitheater are
as follows: twenty five feet (25') wide, thirty five feet (35') long and sloping from sixteen feet, six
inches (16'6") high in the front, down to eight feet (8') in the rear. The hours of operation are
expected to extend into the evening until 9:30pm on weekdays and 10:30pm on weekends.
Additionally, the amphitheater is proposed to have audio and lighting systems to accommodate
voice and music for small community theater productions. Small clusters of speakers are
proposed to be hung below the stage proscenium, aimed away from the neighbors and
adjusted to meet acceptable sound levels within the neighborhood.
The proposed conditional use is now before the Board for recommendation to the City
Commission.
Planning and Zoning Staff Report, December 19,2005
Conditional Use Outdoor Amphitheater, Susan Williams and S.D. Spady Cultural Arts Center
REQUIRED FINDINGS (Chapter Three):
Pursuant to LOR Section 3.1.1 (Required Findings), prior to the approval of development
applications, certain findings must be made in a form which is part of the official record.
This may be achieved through information on the application, the staff report, or
minutes. Findings shall be made by the body, which has the authority to approve or
deny the development application. These findings relate to the following four areas.
FUTURE LAND USE MAP: The 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 CC (Commercial
Core) and a current zoning designation of CBD (Commercial Business District). The CBD
zoning is consistent and compatible with the CC FLUM designation as shown on the Future
Land Use Map. Thus, positive findings can be made with respect to FLUM consistency.
CONCURRENCY: Facilities which are provided by, or through, the City shall be provided
to new development concurrent with issuance of a Certificate of Occupancy. These
facilities shall be provided pursuant to levels of service established within the
Comprehensive Plan.
An Outdoor Amphitheater should have minimal impact on the levels of service for Water and
Sewer, Streets and Traffic, Parks and Recreation, Solid Waste, Drainage, or Schools. The
proposed Outdoor Amphitheater is a recreational use. The submitted Traffic Statement notes
that events planned for the amphitheater would generate the most traffic for the site and these
events would not be scheduled concurrently with other activities on the site. Although the
events would vary in size, it is thought that the events would generate no more than twenty (20)
cars, based on the size of the facility; therefore, minimal impact is foreseen. Based upon the
above, a positive finding can be made with regard to this level of service standard concerning
the proposed conditional use request.
CONSISTENCY: Compliance with performance standards set forth in Chapter Three and
required findings in LOR 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 Objectives and Goals were found:
Future Land Use Obiective A-1: Property shall be developed or redeveloped, in a manner
so that the future use and intensity is appropriate in terms of soil, topographic, and
other applicable physical considerations; is complementary to adjacent land uses; and
fulfills remaining land use needs.
2
IV. B.
Planning and Zoning Staff Report, December 19, 2005
Conditional Use Outdoor Amphitheater, Susan Williams and S.D. Spady Cultural Arts Center
The applicant offers that an outdoor amphitheater located on the Susan Williams and S.D.
Spady Cultural Center Site is ideal. Its use would be available year-round for a variety of small
gatherings such as program and holiday activities related to the Cultural Arts Center and
Museum which would provide opportunities for the community children to perform for their
families and fellow community members. The existing buildings on the site are locally
designated historic structures and are located in the West Settlers Historic District. The
allowance of the proposed amphitheater could potentially provide further sustainability to the
site and the reuse of the historic structures. Additionally, the fact that it would a part of the
community makes it further compatible and complementary to the area in which it will be
located. However, factors such as hours of operation, parking and neighborhood sound
impacts need to be addressed in order for its compatibility to remain.
Future Land Use Obiective A-4: The redevelopment of land and buildings shall provide
for the preservation of historic resources.
The site of the proposed outdoor amphitheater currently contains two locally designated
properties located within the West Settlers Historic District. The addition of the outdoor
amphitheater would not affect the preservation of the historic resources on the property nor
within the district, as it is proposed to be freestanding and not attached to any existing
structure. The site currently contains the S.D. Spady Cultural Arts Center, and with the outdoor
amphitheater, it intends to provide a space for children to perform in front of an audience,
presumably family, who are members of the community. The amphitheater is proposed to be
rented out for events as well. Between the various types of groups using the proposed facility,
a growing sense of community could come out of the project which would be consistent with a
historic district. Therefore, in regard to the referenced objective, the proposed use at the
proposed location would be suitable.
Future Land Use Goal Area C: Blighted areas of the City shall be redeveloped and
renewed and shall be the major contributing areas to the renaissance of Delray Beach.
Approving the conditional use application would give the West Settlers neighborhood a greater
sense of community allowing it to continue to renew itself through further enrichment of the
social and cultural fabric of the community. Therefore, in regard to the referenced objective,
the proposed use at the proposed location would be suitable.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Conditional Use in caD Zonina District
The proposed conditional use of the outdoor amphitheater complies with LOR 4.4.13(0)(11)
which states that playhouses, dinner theaters and places of assembly for commercial
entertainment purposes are allowed as a conditional use in the CBO zoning district.
Conditional Use Required Findinas
Pursuant to LDR Section 2.4.5(E)(5), in addition to provisions of Chapter Three, 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;
3
IV. B.
Planning and Zoning Staff Report, December 19, 2005
Conditional Use Outdoor Amphitheater, Susan Williams and S.D. Spady Cultural Arts Center
(b) Hinder development or redevelopment of nearby properties.
The following table identifies the zoning designations and uses that are adjacent to the subject
property:
Zonino
Use
North
South
East
West
Single-Family Residential (R-1-A)
Community Facility (CF)
Single-Family Residential (R-1-A)
Single-Family Residential (R-1-A)
Single-Family Dwellings
Single-Family Dwellings
Single-Family Dwellings
Single-Family Dwellings
The proposed outdoor amphitheater will provide a place for the community to hold small private
events and to attend programs presented by the children. Therefore, there should be no impact
on the adjacent residential and commercial properties. However, the proposed amplified
system has the potential to present concerns. The applicant has indicated that small clusters of
speakers are proposed to be hung below' -the stage proscenium, aimed away from the
neighbors and adjusted to meet the acceptable sound levels within the predominantly
residential neighborhood. A review of surrounding land uses show residential to the east
across NW 5th Avenue, and also to the west, where residential lots abut this site ten feet (10')
from the amphitheater. Further, given the difficulty of enforcing appropriate sound levels
(requiring decibel readings be taken to document potential violations), Staff initially could not
support amplified sound at this facility unless the frequency of events and sound levels were
restricted.
A letter dated December 12, 2005 from Vera Farrington, President of EPOCH, is attached and
has become a part of this conditional use request. The letter includes specifics regarding the
types of events, seating (50 people), total number of attendees (50), limitation to the number of
events (no more than 3 daytime and 2 nighttime events per week), limitations to the hours of
operation (11 :00 pm on Fridays and Saturdays; 9:30 pm Sunday-Thursday), the requirement for
a special permit to rent the amphitheater to a third party and that amplified sound occur only at
Kids Cultural Club and EPOCH events. A positive finding can be made with regard to criteria
listed in LOR Section 2.4.5(E)(5), since event frequencies and sound levels have been specified
and restricted.
Parkina
Pursuant to LOR Section 4.6.9(8), oft-street parking shall be provided for any new
category of use established.
The submitted project information notes that eight existing parking spaces are provided on site
and additional on-street parking is being proposed along 5th Avenue, between NW 2nd Street
and SW 1 st Street as a part of the streetscapelinfrastructure beautification project currently
underway by the City of Delray Beach.
Pursuant to LOR Section 4.6.9 (C)(6)(a) assembly halls, conference and meeting rooms,
theaters, stadiums, civic centers, community theaters, cultural facilities, arts and crafts
centers, and similar uses shall provide 0.3 of a parking space for each seat or 1 space
for each 50 square feet of total floor area, whichever is greater.
4
IV. B.
Planning and Zoning Staff Report, December 19, 2005
Conditional Use Outdoor Amphitheater, Susan Williams and S.D. Spady Cultural Arts Center
The 965 square foot Susan Williams House requires twenty (20) spaces (965/50 = 19.3) and
the amphitheater requires .3 spaces per seat (.3 spaces x 50 seats = 15 spaces) for a total of
thirty-five (35) spaces. The site provides a total of eight (8) spaces. The discussion below
addresses the parking issue.
Pursuant to LOR 4.6.9(E)(4), in instances where uses do not have sufficient space to
accommodate customer and employee parking demands, parking requirements may be
provided off-site in accordance with the following.
(a) Normal Operations: Parking for day-to-day operation may be provided on other
property within three hundred feet (300') provided that both properties are of the
same general type of zone designation (Le. commercial, industrial, office, etc.) or
when the off-site parking site is zoned CF and a conditional use approval for use as
a parking lot has been approved, and when in compliance with, and pursuant to,
the following:
(1) The 300' distance shall be measured along an acceptable pedestrian route;
(2) Approval of such off-site parking may be granted by the body which has
approval authority of the related site and development plan;
(3) An agreement providing an easement for such use is prepared pursuant to
Subsection (E)(5) and is recorded prior to certification of the site and
development plan;
(4) The provision of the parking easement shall not diminish the ability of the
property upon which it is placed, to accommodate its required parking.
(b) Special Events/Facilities: In instances where uses and/or facilities have large
parking demands/requirements and which are otherwise subject to conditional use
approval (e.g. stadiums, places of assembly, community and civic centers,
recreational areas, etc.) such parking may be provided off-site in accordance with
the following.
(1) Approval of such off-site parking may be granted by the body which has
approval authority of the related conditional use.
(2) A parking and transportation plan must be presented in order to obtain such
approval. The plan must identify parking areas and demonstrate the manner in
which transportation to the use site, security, maintenance, and related matters
will be accommodated.]
(3) Easements, agreements, or other appropriate legal documents which assure
continued availability of such parking shall be required as a part of the parking
and transportation plan.
Pursuant to LOR 4.6.9(E)(5), the owner of the alternate off-street parking area, and the
owner of the principal use or building (including the land on which it is situated), shall
enter into a written agreement with the City (in such form as may be approved by the
City Attorney), with enforcement running to the City, providing that the land comprising
the alternate off-street parking area shall never be disposed of except in conjunction
with the transfer or sale of the building which the parking area is intended to serve, so
long as the parking facilities are required. The owner agrees that such agreement shall
5
IV.B.
Planning and Zoning Staff Report, December 19, 2005
Conditional Use Outdoor Amphitheater, Susan Williams and S.D. Spady Cultural Arts Center
be in recordable form, the expense of recording to be borne by the owner, and that the
agreement shall constitute a covenant running with the land binding upon the owners,
heirs, administrators, successors, and assigns. The agreement shall be recorded by the
City Clerk. The agreement shall be released by the Commission at such time as the
alternate off-street parking facilities are no longer required or when the owner provides
other lawful off-street parking facilities. The owner shall bear the expense of recording
the release of the agreement.
In the letter dated December 12, 2005, referenced above, EPOCH has agreed to only use the
amphitheater for a particular event if it has received written permission from St. Paul's for use of
its parking facility for that event, or other arrangements for parking acceptable to the City have
been made. EPOCH further offered not to use the amphitheater if the parking arrangement
with St. Paul's is terminated, unless EPOCH is able to make other parking arrangements
acceptable to the City. Therefore, positive findings can be made with respect to LOR Section
4.6.9 (E)(4-5) subject to conditions.
Community Redevelopment Aaency (CRA)
On November 10, 2005, the CRA reviewed the application recommending approval 5/0, with the
suggestion that the condition by Staff to prohibit the use of amplified sound be eliminated. This
issue should instead be addressed in the Management Agreement between the City and
EPOCH with EPOCH addressing the sound issue with the neighbors and that the amplified
sound could be used on a trial basis, with conditions (hours, volume, etc).
Downtown Development Authority (DDA)
On November 14, 2005, the DDA reviewed the application recommending denial of the
conditional use request due to the potential to have a group larger than 50, lighting overflow,
and the frequency of events.
West Atlantic Redevelopment Coalition (WARC)
On November 16, 2005, the WARC reviewed and supported the application as presented.
Historic Preservation Board (HPB)
On November 16, 2005, the HPB reviewed the proposed Conditional Use recommending
approval to the Planning and Zoning Board per the conditions of Staff with the exception of
condition #1, which would prohibit the amplified sound. The Board amended this condition by
recommending that the issue of the amplified sound and any subsequent complaints be
addressed in the management agreement between the City and EPOCH.
Public Notice
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Letters of support or objection, if any, will be presented at the Planning and Zoning
Board meeting.
6
IV. B.
Planning and Zoning Staff Report, December 19, 2005
Conditional Use Outdoor Amphitheater. Susan Williams and S.D. Spady Cultural Arts Center
The proposed establishment of an Outdoor Amphitheater at the Susan Williams and S.D.
Spady Cultural Center should not generate nuisances to the surrounding properties. The
applicant has acknowledged the possible affects an outdoor amphitheater may have on a
residential neighborhood through noise level concerns, times of use, frequency of use and
parking, and has addressed these issues through applicable means as noted in the Conditional
Use Analysis. Therefore, positive findings can be made with respect to lOR Section 2.4.5(E)(5)
regarding the use of the proposed development with the surrounding properties regarding the
amplification of sound, hours of operation and parking. Further, the use is consistent with the
Objectives and Policies of the Comprehensive Plan as well as Chapter Three and lOR Section
4.3.3 of the land Development Regulations.
A. Continue with direction.
B. Move a recommendation of approval of the conditional use request to allow for the
establishment of an Outdoor Amphitheater at the Susan Williams and S.D. Spady Cultural
Arts Center Site located at 154-170 NW 5th Avenue in the West Settlers 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 Sections
2.4.5(E)(5), 4.4.13(0), and Chapter Three of the land Development Regulations.
C. Move a recommendation of denial of the conditional use request to allow for the
establishment of an Outdoor Amphitheater at the Susan Williams and S.D. Spady Cultural
Arts Center Site located at 154-170 NW 5th Avenue in the West Settlers Historic District by
adopting the findings of fact and law contained in the staff report, and finding that the
request is inconsistent with the Comprehensive Plan and meets criteria set forth in Sections
2.4.5(E)(5), 4.4.13(0), and Chapter Three of the land Development Regulations,
Move a recommendation of approval of the conditional use request to allow for the
establishment of an Outdoor Amphitheater at the Susan Williams and S.D. Spady Cultural Arts
Center Site located at 154-170 NW 5th Avenue in the West Settlers 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 Sections 2.4.5(E)(5),
4.3.3, and Chapter Three of the land Development Regulations, subject to the following
conditions:
1) That EPOCH receive written permission from St. Paul's for use of its parking facility for any
particular event, or that other arrangements acceptable to the City are made;
2) That the amphitheater is not used if the parking arrangement with St. Paul's is terminated
unless other parking arrangements are made which are acceptable to the City;
3) That EPOCH obtain City approval for any event at which more than fifty (50) attendees are
expected;
4) That no more than three daytime and two nighttime events are held weekly.
5) That the hours of operation on Fridays and Saturdays not extend beyond 11 :00 pm and
9:30 pm on all other days;
7
IV.B.
Planning and Zoning Staff Report, December 19, 2005
Conditional Use Outdoor Amphitheater. Susan Williams and S.D. Spady Cultural Arts Center
6) That EPOCH apply to the City for a special permit for any event where the amphitheater is
to be rented to a third party, including approval of any amplified sound at the event.
7) That amplified sound be otherwise permitted only at Kids Cultural Club and EPOCH events.
Report Prepared by: Amy E. Alvarez, Historic Preservation Planner
Attachments: Current and Future land Use Maps, Elevations and Floor Plans
EPOCH, Inc. letter dated December 12, 2005
8
IV. B.
EPOCH
Eip...iq& Pre8e~
Oar Caltar" Herita&e. Iae.
A NOT -FOR-PROFIT
ORGANIZATION DEDICATED TO
PRESERVING AND
COMMUNICATING THE
CULTURALLY DIVERSE HISTORY
OF SOUTH FLORIDA
EPOCH
170 NW 5. Avenue
Delray Beach, FL 33444
Phone: 561-279-8883
Fax: 561-279-2ZD
WtINt.SpadyMuseUm.org
PresIdent
Vera R. Farringtoo
1st V'1Ce PresIdent
Clarence M. Vaughn
~ Vice President
Mark Reingold, Esq.
Treasurer
Clarence M. Vaughn
Secretary
Kenneth Howard
Board Members
Col. BiI Condry
Clifford Durden
Mildred George
Ralph B. Johnson
Shirley Johnson
Stacia Smith
Alfred straghn
MemorIalIzed Member
C. Spencer Pompey
Executive Director
Daisy M. Fulton
Museum AdvIsory Board
Or.I.C. Spivey
Spiritual Advisor
W. Rod Faulds, Director
FAU University GaIeries
Oorolhy Patterson. AR:hMst
0eIray Beach Historical5ociety
Larry Rosensweig, Director
The Norton Museum
....... .... ".". their,....,.,.
.. ..... ",.. ",..,........ to
........",.".. .
......M*-'~
December 12,2005
Paul Dorling
Planning Dept.
City of Delray Beach
100 NW 1 Avenue
Delray Beach, FL 33444
Re: Susan Winiams House and S.D. Spady Cultural Arts Center- Conditional Use
Application modification
Dear Mr. Dorling:
Please consider this letter as a modification of our conditional use application for
the above. All relate to the amphitheater. The matter is scheduled to be on the
agenda for the December 19th Planning and Zoning Board meeting.
Parking
Expanding and Preserving Our Cultural Heritage, Inc. (EPOCH) agrees not to use
the amphitheater for a particular event unless it has received written permission
from St. Paul's for use of its parking facility for that event or other arrangements
for parking acceptable to the City have been made. Further, EPOCH will not use
the amphitheater if the parking arrangement with St. Paul's is terminated unless
EPOCH is able to arrange other parking arrangements acceptable to the City.
Use of Amphitheatre
Types of event: Kid's Cultural Club, Senior Discussion Groups, EPOCH functions
such as Spady Day, Rentals for events such as weddings and other gatherings.
Seating: There will be seating for 50 people.
Total attendees at event: EPOCH will request City approval for any event at
which more than 50 attendees are expected.
Number of events: There will be no more than three daytime and two nighttime
events weekly.
Hours of operation: All use will be completed by 11 :ooPM on Friday and
Saturday and by 9:30PM on other days.
Rental of amphitheater to a third party: For any event where the amphitheater is to
be rented to a third party, EPOCH shan apply to the City for a special pennit to
hold the event, including approval of any amplified SOtDld at the event.
Amplified SOtDld at Kids Cultural Club and EPOCH events: Amplified sound may
occur at these events.
t::t:~,~
RECEIVED
DEe 1 3 2005
cc: Bob Barcinski. Assistant City Manager
Daisy Fulton, Executive Director
PLANNING & ZONING
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6480 sw 62 A'lE1'U:. UAM, R...QfIO...lt. 3Y.4:3 ra Co.::5l60I-?594
SUSAN WILLIAMS HOUSE. HISTORIC RENOVATION
S,O. SPADY COMMUNITY CULTURAl ARTS CENTER
EPOCH INC.
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[IT' DF DELRAY BEA[H
DELRAY BEACH
DaI:II
All-America City
, III I!
1993
2001
100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444
MEMORANDUM
TO:
David T. Harden, City Manager
~obert A. Barcinski, Assistant City Manager
FROM:
DATE: December 27, 2005
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING
JANUARY 3. 2006-SPECIAL EVENT SIGNAGE REQUEST
ANNUAL MARTIAL ARTS OPEN KIDS SAFE WEEKEND
ACTION
City Commission is being requested to approve the making and installation of
three (3) 4' x 4' event signs for the Annual Martial Arts Open Kids Safe Weekend
to be held at Old School Square on January 28 and 29, 2006.
BACKGROUND
Attached is an email request with backup information received from Mr. Kevin
Sisson requesting three (3) 4' x 4' event signs for this event which will be held at
Old School Square.
Generally, we do not make and install event signs for a site rental. This event will
be held in the gymnasium at Old School Square. We have in the past allowed
signage to be placed on the grounds at Old School Square.
RECOMMENDATION
Staff recommends denial of the request for three (3) 4' x 4' event signs for the
Martial Arts Open Kids Safe Weekend.
RAB/gb
Attachments
a\. U:\RAB\Agenda Item re Annual '1'fl''ff~ ~~ ~ifis 1!ft W~.dM AT T E R S
'=' Pnnted on Recyclecl Paper
x
:~
561/243- 7000
q5
Page 1 of 1
Sweeney, Tracey
From: Kevin Sisson [k1_sisson@hotmail.com]
Sent: Tuesday, December 13,20059:58 PM
To: Sweeney, Tracey
RECEIVED
0', t (~ '; i. ,f"
.' ~ \., i '1 i
C 1:1 ~~I'J1/\ i'J\ G E H
Dear Mr. Barcinski
January 28th & 29th are two very special days for Delray Beach and the South County area. The Martial Arts Academy
& The Kid-Safe Network is holding its 14th Annual Martial Arts Open Kid Safe Weekend at the beautiful Old School
Square. Having the Palm Beach Post as our sponsor really sparked public interest in the event.We even received
permission from the Palm Beach County School Board stating that we can contact and promote the event in Palm Beach
County Schools.
What I am asking for is a little help from City Hall. I would like to place signs in the median offI-95 entering the city
and also on the North & south side of US-1 (Federal Hwy). It would really help the event and since it is a free
community event we could use all the help possible. Please consider my request it would really help.
Thank you
Kevin P. Sisson
Chief Instructor Martial Arts Academy Inc.
Regional Agent Kid-Safe Network
561-317-4042
12/14/2005
KID~SAFE NETWORK
~~ IlL"\"'"
SERVIC~ @
Dear Mayor Perlman
The Martial Arts Academy has been proudly serving the South County area for over forty
years. This January 28th and 29th, 2006 is going to be a very special weekend. We are
holding our 14th Annual Martial Arts Open & Kids-Safe Weekend (A FREE
COMMUNITY EVENT). There is nothing more important to the Martial Arts
Community then the safety of our children. The weekend is filled with safety seminars,
prominent speakers, craft area, karate tournament, music, food and fun. This is possible
through numerous donations and sponsorship by the Palm Beach Post, Children's Safety
network of the Palm Beaches, Delray Fire Rescue ECT; Your very own Delray' sCops &
Kids are participating in the tournament. Furthermore; I received approval from the Palm
Beach County School Board that we can invite every Elementary and Middle School '-.
from Lake Worth Rd to Glades Rd. This is truly an event to be remembered.
It would be a great honor if you were able to kick this event offwith a small speech on
the importance of communities and businesses working together to prevent child abuse
and abduction through awareness and education. It would only take a few minutes of
your time and yet mean so much. I humbly ask you to consider this invite. The Kick off
time is 10:00 am Saturday Jan 28th, in the OLD SCHOOL SQUARE GYMNASIOUM.
Thank you,
Kevin P. Sisson
Chief Instructor M.AA
Regional Agent Kid-Safe Network
Rape Prevention Specialist
Agent Kevin Sisson
1058 Hypoluxo Road
Lantana, FL 33462
~
Phone: 561-233-9889
Fax: 561-233-9989
e-mail: Kl_ Sisson@hotmaiLcom
kidsafenetwork. com
1i
~
!!:II
MARTIAL ARTS ACADEMY
&
", D... '5AFf,
MISSION STATEMENT
OUR GOAL IS TO PROVIDE EDUCATION AND INFORMATION FOR
ClliLDREN AND FAMILIES CONCERNING ClliLD ABDUCTION,
EXPLOITATION, INTERNET DANGERS, DRUGS AND SCHOOL
VIOLENCE. THESE GOALS WILL BE AITAINED THROUGH SUCH
PROGRAMS AS; COMMUNITY EVENTS, HOME SAFETY
SEMINARS, SELF DEFENSE CLASSES, PRO-ACTIVE PROGRAMS
WITH LOCAL OFFICIALS, BUSINESSES, SCHOOL LECTURES,
DEMONSTRATIONS, LITERATURE, AND LOCAL POLICE SUPPORT
ANDINVOLVMENT.
IT IS OUR INTENTION TO KNOCK ON EVERY DOOR, ENTER
EVERY CLASSROOM, CITY HALL, CIVIC CENTER, PLACE OF
WORSHIP, AND PARTICIPATE IN COMMUNITY EVENTS
WHENEVER POSSIBLE TO SPREAD THE WORD OF ClliLD SAFETY.
EVERY FAMILY SHALL BE INCLUDED.
KEVIN P. SISSON
CHIEF INSTRUCTOR
REGIONAL INSTRUCTOR "KID-SAFE NETWORK"
CERTIFIED RAPE PREVENTION INSTRUCTOR.
....
...
14TH ANNUAL
MARTIAL ARTS OPEN
&
t'ID 'i>I\Ff, Wf,f,t'f,ND
~TNl-T~ loam. ~AN 2-&11\ ~ 2-'1T"
'5J\TU~J\Y
MARTIAL ARTS OPEN TOURNAMENT (SAT ONLY)
MARTIAL ARTS DEMOSTRA TIONS
CIDLDRENS SELF DEFENSE SEMINAR
MARTIAL ART SCHOOLS & EXHIBITS
ASIAN CRAFT AREA
ASIAN FOOD, FUN & ENTERTAINMENT
DOOR PRIZES
FREE GIVE A WAYS
'5UNDJ\Y
'i>Af~TY AW~N~'i>'i> DAY
INTERNET/CRlMES&ABDUCfION SEMINAR
DEADLY LURES (Baiting our children)
KNOCK-KNOCK - WHO'S THERE
SEXUAL OFFENDERS & PREDITORS IN YOUR AREA
(Curtent list of n.mes, .ddresses, crimes .nd photos)
KIDS TALK HOME SAFETY & CODE WORDS
SHOCKING STATISTICS
FREE CHILDRENS ID KIT
FREE GIVE A WAYS
"1" D ~~FE," A MUST SEE FOR ALL FAMILIES
eLD SCHOOL s;QUARE & ~YMNASIUM
EAST ATLANTIC AVE 81. SWINTON, DELRAY BEACH
CONTACT: KEVIN SISSON 561-317-4042
ALL "I'ID ~Aff," EVENTS ARE DONATION BASED
....
MEMORANDUM
FROM:
MAYOR AND CI1Y COMMISSIONERS
CITY MANAGER~
AGENDA ITEM ~ - REGULAR MEETING OF JANUARY 3.2006
CONTRACT AWARD/CORNELL PARK
TO:
SUBJECT:
DATE:
DECEMBER 30, 2005
This is before the Commission to provide direction regarding the scope reduction and contract award
for construction of the Cornell Park Improvements.
Bids for this project opened on October 6, 2005. Two bids were received and the apparent low
bidder was Welling Construction, Inc. with a base bid of $288,392.00. Welling Construction, Inc. has
agreed to honor the contract bid prices, even though the 60 day time limit has expired.
In an effort to bring the cost of the park more in line with the original budget of $150,000.00, the
following reductions may be considered:
Delete Parking Lot
Delete Bike Rack
Delete Bollards
Modify Walking Path Length
Reduce Landscape Improvements
Reduce Trash Receptacles
Install Solar Irrigation Controller
($31,601.00)
($ 3,150.00)
($ 9,100.00)
($ 8,000.00)
($ 9,028.50)
($ 1,700.00)
($ 4,120.00)
Implementing all of the above scope reductions reduces the contract award amount to $221,692.50.
Funding is available from 380-4150-572-63.27 (2004 G.O. Bond/Cornell Park), after funds transfer.
Staff requests direction from Commission regarding scope reduction and subsequent contract award.
S:\City Clerk\agenda memos\Contr Award Cornell Park 010306
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN
D
u
M
www.MyDelrayBeach.com
TO: David T. Harden, City Manager
FROM: Jill Skaggs, Asst. City Engineer ~
DATE: December 28,2005
SUBJECT: Cornell Park, Project # 2004-055
Commission Agenda Item
This agenda item is submitted for City Commission direction regarding the scope of facilities and
contract award for construction of the Cornell Park improvements.
Bids for this project were opened on Thursday, October 6, 2005. Two bids were received, and the
apparent low bidder was Welling Construction, Inc. with a base bid of $288,392.00. Attached is the bid
tabulation for your review. The Contractor has agreed to honor the contract bid prices, even though the
60 day time limit has expired.
In an effort to bring the cost of the park more in line with the original budget of $150,000.00, scope
reductions may be considered as follows:
Delete Parking Lot
Delete Bike Rack
Delete Bollards
Modify Walking Path Length
Reduce Landscape Improvements
Reduce Trash Receptacles
Install Solar Irrigation Controller
(-) $31,601.00
(-) $3,150.00
(-) $9,100.00
(-) $8,000.00
(-) $9,028.50
(-) $1,700.00
(-) $4,120.00
Implementing all listed scope reductions reduces the contract award amount to $221,692.50. Funding is
available in Parks & Recreation Bond Account #380-4150-572-63.27, Cornell Park, after funds transfer.
Staff requests direction from Commission regarding scope reduction and subsequent contract award.
Please place this on the January 3, 2006 Commission Agenda.
Attachments
cc: Richard Hasko, P.E., Director of Environmental Services
Randal Krejcarek, P.E., City Engineer
Carolanne Kucmerowski
Agenda File, January 3, 2006
Project File, 2004-055(E)
s: \EngAdmin\Projects\2004\2004-05510FFICIALIComell agenda memo 12-06-05.doc
CORNELL PARK #2004-055
BID TABULATION
Rosso Paving & Drainage, Inc. Welling Construction, Inc.
ITEM DESCRIPTION UNIT EST. QTY. UNIT PRICE EXTENDED UNIT PRICE EXTENDED
NO. TOTAL PRICE TOTAL PRICE
I Mobilization LS I $15,400.00 $15,400.00 $14,010.00 $14,010.00
..-.----...---
2 Maintenance of traffic LS I $8,100.00 $8,100.00 $2,000.00 $2,000.00
3 Silt Fence LS I $10,500,00 $10,500.00 $3,150.00 $3,150.00
4 Paving SF 4,400 $5.1 0 $22,440.00 $4.70 $20,680.00
5 Parking Lot Striping LS I $1,000.00 $1,000.00 $1,500.00 $1,500.00
6 Concrete "D" Curb LF 300 $15.00 $4,500.00 $16.00 $4,800.00
7 Wheel Stoos EA 6 $27.50 $165.00 $50.00 $300.00
8 Clearing & Grubbing LS I $39,190.00 $39.190.00 $46,100.00 $46,100.00
9 Concrete SF 70 $31.50 $2,205.00 $9.00 $630.00
10 Park Sign LS I $5,500.00 $5,500.00 $5,500.00 $5,500.00
II Gate LS I $2,600.00 $2,600.00 $3,621.00 $3,621.00
12 Electrical Distribution System LS I $12,750.00 $12,750.00 $7,395.00 $7,395.00
13 Engineered Mulch Walking Path LF 400 $]26.00 $50,400.00 $110.00 $44,000.00
14 SignalZe EA 2 $320.00 $640.00 $350.00 $700.00
15 Asphalt Jogging Path LF 1,000 $22.75 $22,750.00 $30.00 $30,000,00
16 Bike Rack, IncludinlZ Conc.Foundation EA I $2,500.00 $2,500.00 $3,150.00 $3,150.00
17 Trash Receotacles, IncludinlZ Foundation EA 2 $2,050.00 $4,100.00 $1,700.00 $3,400.00
18 Bollards EA 28 $375.00 $10,500.00 $325.00 $9,100.00
19 Sod SF 103,750 $0.38 $39,425.00 $0.30 $31,125.00
20 Irrigation LS I $25,000.00 $25,000.00 $26,500.00 $26,500.00
21 Live Oak EA 7 $400.00 $2,800.00 $390.00 $2,730.00
22 OranlZe Geiger EA 9 $400.00 $3,600.00 $330.00 $2,970.00
23 Cocoplum EA 140 $9.00 $1,260.00 $8.00 $1,120.00
24 DwarfFakahatchee Grass EA 110 $9.00 $990.00 $8.00 $880.00
25 Dwarf Firebush EA 158 $33.00 $5,214.00 $32.00 $5,056.00
26 Sword Fern EA 490 $5.00 $2,450.00 $4.50 $2,205.00
27 Root Protection Barrier LS I $2,000.00 $2,000.00 $2,260.00 $2,260.00
28 As-Built Drawings LS I $2,500.00 $2,500.00 $4,500.00 $4,500.00
29 General Allowance LS I $9,000.00 $9,000,00 $9,000.00 $9,000.00
30 Indemnification LS I $10.00 $10.00 $10.00 $10.00
TOTAL BASE BID $309,489.00 $288,392.00
AA-I New Remote Irrigation Controller LS I $12,500.00 $12,500.00 $9,000.00 $9,000.00
Credit for Installing City Provided Irrigation
Controller - Clarification from Bidders for Item LS I
AA-I -$9,000.00 -$9,000.00 -$5,500.00 -$5,500.00
Total for Add Alternate AA-l (City Provides Irrigation ControIler) $3,500.00 $3,500.00
AA-2 Clearing and Mulch in Native Landscape Areas LS I
$41,200.00 $41,200.00 $23,100.00 $23,100.00
DA-I Omit New Electrical Service 1 Install Solar LS I
Irrigation Controller -$3,200.00 -$3,200.00 -$4,120.00 -$4,120.00
Addendum #2
September 28, 2005
Page 1
Cornell Park
2004-055
CORNELL PARK #2004-055
BID TABULATION
Original Bid Proposed Contract Award
ITEM DESCRIPTION UNIT EST. QTY. EXTENDED EXTENDED
NO. UNIT PRICE TOTAL PRICE EST. QTY. UNIT PRICE TOTAL PRICE
I Mobilization LS I $14.010.00 $14,010.00 I $14,010.00 $14,010.00
2 Maintenance of traffic LS I $2,000.00 $2,000.00 I $2.000.00 $2,000.00
3 Silt Fence LS I $3,150.00 $3,150.00 I $3,150.00 $3.150.00
4 Paviml SF 4,400 $4.70 $20,680.00 0 $4.70 $0.00
5 Parkinl! Lot Strininl! LS I $1,500.00 $1,500.00 0 $1,500.00 $0.00
6 Concrete "0" Curb LF 300 $16.00 $4,800.00 0 $16.00 $0.00
7 Wheel StoDs EA 6 $50.00 $300.00 0 $50.00 $0.00
8 Clearin!! & Grubbing LS I $46.100.00 $46,100.00 I $46,100.00 $46,100.00
9 Concrete SF 70 $9.00 $630.00 70 $9.00 $630.00
10 Park Sim LS 1 $5,500.00 $5,500.00 I $5,500.00 $5,500.00
Il Gate LS 1 $3,621.00 $3.621.00 0 $3,621.00 SO.OO
12 Electrical Distribution Svstem LS I $7,395.00 $7.395.00 I $7,395.00 $7.395.00
13 Emzineered Mulch Walkinl! Path LF 400 $1l0.00 $44,000.00 300 $1l0.00 $33,000.00
14 Simal!e EA 2 $350.00 $700.00 0 $350.00 SO.OO
15 ASDhalt ] ollJzinll Path LF 1,000 $30.00 $30,000.00 1100 $30.00 $33,000.00
16 Bike Rack, Includinll Cone. Foundation EA I $3,150.00 $3,150.00 0 $3.150.00 $0.00
17 Trash Receotacles, lncludinl! Foundation EA 2 $1,700.00 $3,400.00 I $1.700.00 $1,700.00
18 Bollards EA 28 $325.00 $9.100.00 0 $325.00 SO.OO
19 Sod SF 103,750 $0.30 $31,125.00 93375 $0.30 $28,012.50
20 Irrij(ation - $26,500.00
LS I $26.500.00 I $26,500.00 $26,500.00
21 Live Oak EA 7 $390.00 $2,730.00 3 $390.00 $1,170.00
22 Orange Gei!!er EA 9 $330.00 $2,970.00 9 $330.00 $2,970.00
23 Coconlum EA 140 $8.00 $1,120.00 140 $8.00 $1,120.00
24 DwarfFakahatchee Grass EA 110 $8.00 $880.00 110 $8.00 $880.00
25 Dwarf Firebush EA 158 $32.00 $5,056.00 50 $32.00 $1,600.00
26 Sword Fern EA 490 $4.50 $2,205.00 290 $4.50 $1,305.00
27 Root Protection Barrier LS I $2,260.00 $2,260.00 I $2,260.00 $2,260.00
28 As-Built Drawinlls I $4,500.00 $4,500.00 -- $4.500.00 $4.500.00
LS I
29 General Allowance LS I $9,000.00 $9,000.00 I $9.000.00 $9.000.00
30 Indemnification LS I $10.00 $10.00 I $10.00 $10.00
TOTAL BASE BID $288,392.00 $225,812.50
AA-l New Remote Irrigation Controller LS I $9.000.00 $9.000.00 0 $9,000.00 $0.00
Credit for Installing City Provided lrrigation
Controller - Clarification from Bidders for Item LS I
AA-l -$5,500.00 -$5,500.00 0 -$5,500.00 $0.00
Total for Add Alternate AA-I (City Provides Irrigation Controller) $3,500.00 SO.OO
AA-2 Clearing and Mulch in Native Landscape Areas LS I
$23,100.00 $23,100.00 0 $23,100.00 so. 00
DA-I Omit New Electrical Service / Install Solar LS I
Irrigation Controller -$4,120.00 -S4,120.00 1 -$4.120.00 -$4,120.00
REVISED TOTAL $221,692.50
Addendum #2
September 28, 2005
Page 1
Cornell Park
2004-055
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CITY OF DELRAY BEACH
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Date: December 28, 2005
AGENDA ITEM NUMBER: 9 L
AGENDA REQUEST
Request to be placed on:
_Consent Agenda _X_Regular Agenda _ Workshop Agenda _Special Agenda
When: Januarv 3, 20c6
Description of Agenda Item (who, what, where, how much):
This agenda item is submitted for City Commission regarding the scope of facilities and contract award for
construction of the Cornell park improvements.
Bids for this project opened on Thursday, October 6, 2005. Two bids were received, and the apparent low
bidder was Welling Construction, Inc. with a base bid of $288,392.00.
Staff requests direction from Commission regarding scope reduction and subsequent contract award.
Funding is available in Parks and Recreation Bond Account #380-4150-572.63-27, Cornell Park, after funds
transfer.
N(1r J;;f:t ~
Department Head Signature: (; - c- - - - - - - -
Staff Recommendation:
/2--zJ-- uS
City Attorney ReviewIRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
)>iscu s.s I oJr... D1^- 1(3/(,
~Ct.- toill rLduc' e...
rL&U-RS*" 4~f-
a..ru:~ M (!~cU tV Ic...Lrt to
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Funding Available: Yes / No Initials:
Account Number See Above
Description See Above
Account Balance: See Above
Funding Alternatives:
See above
City Manager Review:
Approved for Agenda: @ / No Initials:
Hold Until:
P1
Agenda Coordinator Review:
Received:
S:\EngAdmin\Projects\2004\2004-055\OFFICIAL\Comell agenda 12-06-05 .doc
0/\
. e7V)
[ITY DF DELIAY BEA[H
DELRAY BEACH
f l () Rill A
~
All-America City
, III I!
1993
2001
100 NW. 15t AVENUE
DELRAY BEACH. FLORIDA 33444
561/243- 7000
MEMORANDUM
TO:
David T. Harden, City Manager
~obert A. Barcinski, Assistant City Manager
FROM:
DATE: December 27, 2005
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING
JANUARY 3. 2006-SPECIAL EVENT REQUEST
ART AND JAZZ ON THE AVENUE
ACTION
City Commission is requested to endorse the next Art & Jazz on the Avenue
scheduled for January 19, 2006, from 6:00 p.m. to 10:00 p.m., to grant a
temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic
Avenue from Swinton to NE ih Avenue, the south side of Atlantic Avenue from
NE 7th A venue to just past the Blue Anchor Pub, Railroad Drive from Atlantic to
NE 1 st Street, and NE 2nd A venue from Atlantic A venue to NE 1 st Street, and to
authorize staff support for security and traffic control, banner hanging and
removal, barricade set up and removal and clean up.
BACKGROUND
Attached are the special event permit request, budget, hold harmless agreement,
and certificate of insurance for this event received from Marjorie Ferrer.
Although we are not asking to close Atlantic Avenue west of Swinton, the event
boundary will extend to NW/SW 5th Avenue. It is anticipated that the businesses
in Atlantic Grove will hold an open house this night. Entertainment will be
located at the new library and in front of Atlantic Grove. The site plan will be
sent at a later date. The estimate of overtime cost for this event is $7,500. Cost
for barricade rental is estimated at $275. Based on the event agreement, the Joint
Venture is to pay the city 20% for all costs over $1,000. The estimated charges
for this event are $1,575. This event is sponsored by the Sun Sentinel.
RECOMMENDATION
Staff recommends endorsement of the event, approval of the temporary use permit
and street closure, staff support as requested, including barricades with payment
of costs to the city per the agreement dated January 24, 2005.
RAB/gb
Attachments
n>t. . U:\RAB\Agendaltem re Art&J3Ji:~ l'S~.f!yRT ALWAYS MATTERS
\:CI Prmted on Recycled Paper
<=\.D
Dee 27 05 01:5Sp
.,
4.
DELRAY BCH CHAMBER
5612780555
p.2
City of Delray Beach
Special Event Permit
Application
Of"""" 8EACH
~:'a~
qn~
1993
!001
PLEASE PRINT
Event ApprovedJDenied Date of Approv~llDenial
Approved/Denied by Title
1. Event NamelTitle: jlt1" ..t>>Z')..- dtY r/~F /1-ve- /VVe
2. Event Date(s): Event Time(s):
erA NO A'1l V ,CJ :lOt) {, , :190 p~ - /{)t~ ~ tt1
,
3.
4.
- 5.
6.
7.
8.
1
.1
9.
Event Sponsor/Producer: ~ I W r Ie
Event ContacUCoordlnator. ry!",~ orl~ ,-1:._-.
Address: G4 $.~ S ~~ y'EL ~ ~l!Eh~~ FL a.3LJ t'.3
Telephone Number: Ce\lular Number:
E-mail Addr~s~: J"A~~:'<< ~:~L~~~~:' r"I!JM. -
Event Description: __. oJ- ___ _----.5 A 1/i!!'IV~e" J$ /1/1 R J,/J::A/r
t:!t..A..t:.. &JNLL UUlP~ T eopJ.,E 17'1. '/Vr1)JQY( IIRFA.
If~~~ A-N" t:JPE/' H.:Jtl5e- ~;~"tJR Ifen(.Nltlflr.$ -7'D 8thjf6 I3()StlllE.Ss
(I' neighborhOod block party. then please skip questions #10-35 and go fO To;lf t:l e .....
question *36)
Sponsor Category: (please check) City ~on-protitlCharitable Cl Private 0
Co. Sponsor - Non.ProfitJPrivate CI
(If Non.profiuttach proof of 501c(3). c(4}, c(6), c(10) or c(19)) Nt4/~1U sP'A vii ~A ..,T~.4-
Eve t LocatiOn/Address: · ArL.lfN'rJt!. A vIE Yl2dl'f AI' nJ 1V"i_rrE' q lie
. '(.(,41 L. Q~/It l)uJ ~'::L - F &l~ It') rrJ~'" I.u.~ . - . :fT-
. N ~ ~ A I/F' _ FNI!)~ ATL.IIIJI ;:,c. A lie.. -r. /lie: I ..rr.
Site ptan attached: yes_ _2- no
(Site plan required for entire event site) ?I:' ("(1 ttf 6
Event budget attached: yes V no
(Required for all e"ents) . - ./"
Serving or seUing alcoholic beverages: yes no .......
(If yes, copy of license and alcohol liability insurance required two (2) weeks prior
to event) /
Event certificate of insurance attached: yes V no
(RequIred two (2' weeks prior to event naming the City as additional ins~red, also
required for vendors) J ./"
Playing of amplified music: ~ yes V no
{WaiverrequiredJ ~ Re&lJe~r W,AIVfiif"1'l (YiP/Sir ~df(P.
Requesting Police assistance: yes;/ no_
(Traffic control/security)
10.
12.
13.
14.
15.
16.
.1
Dee 27 05 01:5Sp
..
17.
18.
19.
20.
21.
22.
23.
DELRAY BCH CHAMBER
5612780555
p.3
yes
no
v
p-~
24.
Will supptement with private security:
(If yes, need plan attached)
Requesting Emergency Medical assistance: yes
Requesting barricade assistance : yes
Requesting trash removal/clean up assistance: yes
Requesting trash boxes and liners: yes
Requesting stage use: yes
(If yes, check type)
Large stage covered ~age--no G..,yf1r CI Small stage 0 Half small
stage Q
Requesting signage: yes
Type: Event sign '4'x4'l.. Directional signs
Banner hanging V Indicate dates required I ILl ee Jt;.. ple/f) R....
(Waiver required if more than one (1) week prior to event) . ./
Food and beverage vendors: yes no~
If yes, please provide the approximate number, as well as the name,
address, and contaet phone number of each vendor which is due no later
than one week prior to the event
v
~~
t/
no
no
no
no
no
v
no
/
25.
26.
27.
Health Department approval: (see attached) yes no
Other vendors: S'~IY$tf) IlS 4A'L.Y yes no
Tents: . yes v" no
(If yes, tent permits and fire inspectiOn$ maybe needed)
Will the event include amusement rides? requiring state approval? ./
yes no ~
(If yes, type and location and copy of liability insurance required)(Also,
please provide the name, address and contact phone number for each
amusement provider along with copies of their liability insurance)
28.
29.
30.
yes
v
V
Will the event be gated?
(ShOW on-site map)
Win there be fireworks or other pyrotechnics? yes
(If yes, contact Fire Marshall)
Will there be cooking with compressed gas? yes
(If yes, contact Fire Marshall) 7
Will you be providing port-a-lets for the event? yes no
(If yes, locate on-site map. If no, jndiJiate. how you will ha..'!.d!i .I~~stroom
needs) flJ#:=:-t J ni t~' A ~ .5UI') ~ <{ bJ~ ---, :s
Will there be a charge for the event? yes no
(If yes, Indicate ticket prices) ..,I
Is reserved parking requested? yes no IL-
(If yes, indicate locations)
no
no
31.
32.
33.
34.
2
Dee 27 05 01:5Sp
DELRAY BCH CHAMBER
5612780555
p.4
35. Nei hborhood Block Parties Ne; hbo(hood block ames onl
. Is event sponsore<:l by the Homeowner's Association? yss_ no_
(If not, then individual(s) submitting permit application must also submit a
petition signed by 51% of the homeowners who live on the block)
. Please note the following: 1 ) Approvals will only be given for a one (1)
block area 2) Permit applications must be received in writing by the City
Manager's Office at least thirty (30) days prior to the event.3)
Consumption or sale of alcohol on City rights-oJ-way will not be
permltted.4) Structures other than barricades are not allowed in City
rights-of-way.5) Homeowners Association will be required to pay all
overtime costs that may be incurred as a result of City staff involved in the
I event ,_ ./
., .t C .;t? /1, (5.
\ \) cc.> V ' .
Event Contractor/COOf'dinator
Please print: ;t)./f/fl' (!)t<IC FI!~ClE~
J'J.. ,/
1/ ..)
O~/
Date
Please enclose the appropriate non-refundable application fee payable to the City of
Delray Beach, 100 N.W. 11t Avenue, Delray Beach, Florida 33444.
For Staff Use Only
Date Received
-~
~
Appllcation fee received $ I fJ /;
~
nt...Lsw
Site map
Budget
Certificate of insurance
Hold Harmless agreement
Security plan
Waiver alcoholic beverage
Railroad approval
Coast Guard approval
501c(3) or (d) certificate or letter
Health Department approval
Fire Inspector approval
Police Department approval
Public Works approval
Parks and Recreation approval
City Commission approval
3
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Dee 27 05 02:00p DELRAY
02/24/2005 14:47 FAX 5812747043
BCH CHAMBER
PLASTRIDGE
5612780555
p.6
~ 005/007
A CORD_ CERTIFICATE OF LIABilITY INSURANCE OP ID S~ DATE IMPNDDrrYYVJ
DOWN'.I'-2 02/24/05
PRO~E" THIS CERTIFICA.lE IS ISSUED AS A MATTER OF INFORMAnON
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Tbe Plast.ridge Agency I Inc. HOLDER. TtlIS CERnFICATE DOES NOT AMEND. EXTEND OR
820 N. Federal Highway At TER llJE COVERAGE AFFORDED BY TIlE POUClES BELOW.
De~ray Beach FL 33483
Phone: 561-276-5221 Fax:56~-~76-5244 INSURERS AFFORDING COVERAGE NAle".
INSURED ~,.. ...
JNS1IR~ A: 8CDr:tN-.l4 lluiu~~. C:~-r
Downtown Delray Eeach Jo~nt IltSUflER 8: ,
Vent.ure Co~rised of: DDA; eRA ..-
& D~ Chamber of Commerce INSURER C; ..--+-
- -.
'4 S.E. Sth AvenQe I~ERO:
Delray Beach FL 33444 - , ..
INSURER E:
COVERAGES
lHr! r'OlICIf!S OF INSURlINCI:: LISTED IIElOW HAVE BEEN ISSUED TO nE INSUREO NAMEOABO\IE FOR THE POUCY PEiRJOD INDICATED. NOlWITHSTANDING
AJl'f REOlJa'lEMENT. ~M OR CONOOION OF ANY CONlI'lAC'r 011 OllER DOCUfdEIIT WITt! ReSPECT TO WHICH THIS CERTIFICATe IllAY BE ISSUED OF!
MAY PERTAIN. THE lN9\JAANC'- AFI'OROED By T>1E POLICies DESCRIBED tERElIf IS SU8JECTTO ALL T1fE TERMS. ExCLUSfONS AJ.lO CONDmONS Ot:" suc~
POliCIES. AGGRfGAT'- t.IMITS SHOWN .....Y HAVe 8E.EN REDuCEO BY PAID CUlMS.
~~r-. " ~ IIATE MMlT"oJ!.!?N _..
,!!!!. R TYPE OF INSURANCE POUC:Y NUMBER Utottrs
~NERA&, LlAlIlUIY &.CN OCC:U~CE :s 1000000
01/23/05 01/23/06 ~~(,t: 1\.I~Ik.U
It. X X CO_RCIAt. GENERAlUAllll.1TY CLS098616:l. ~~Mlses lEa oc"""""",,, :I 50000
t--- tJ ClAIMS tMDE [i) OCCUR
I-- MEO EXP (My OnlllH!l3Cn) $
t--- -- ....- PEASONl\~ & AOV INJURY S J.OOOOOO
- GENEIW. ACGRliGAllii ~ J.OOOOOO
G9IL AGOnE liMiT APPUS$ l'E~ PROtIUCTS- COMPIOP ACe S
11 POuCY ~~i n UlC -. ..
AUTOMOBILE UABU.ITV COMBINED S1NGU; Ul.11T
- S
ANY AUTO IEaacc:fdelll)
- '--..' ..
- ALL OWNED AlTTOS BO~ Y INJURY
SCHEOUl.ED AU'I'OS (P.,-) $
- f--.... .
(.- HIRED ALlTOS BOOII. Y INJURY
$
NON-OWHEO AUTOS {Per ;)Q;id..,ll
t--- -.- .'-
t--- ~RTYDo\W.GE $
(roe. ~"""I)
GARAGIl: UA8lUTf "lITO ONt. y - ~ ACCIOliIIT S
R AflY AUTO .'.P . .--
OTHER THAN EAACC S
AUTOOOlY, .-
A= S
EJlCESS/UM8RIlI.L.A t.IABllITY , ~ OCCURRENCE.. 3
:=J OCCUR o ClAIM9 MAOE ..-
j>,GGREGATE S
.-
S
.,
==j DIOOUCYlI'ILE $
.... '.-
ReTENTION S S
I WORI(~ "~N&ATION ~ -1.k UMf/S I r~~~'
EIlIPt.OYl!llS'l.lAIIIUlY ..
AM' PROP~IETORIPARTNER/E)leClITlV!! ~~: EACH j>,CCIOf:NT . ... S
O"FlCE~MlIEA ElCCLUOCD1 E L DISE.&SE: - ':A EI\lPLOYlie s ..
,_.~.."ndor ., ...-
SPf!OAL PROIII&IONS b,'- E.L. DIseASE. POLICV LIMit S
OT~R
DfSCRlPTlOH Of' OPfRATlONS II.DCATlON$ IVli.HlCLfS I EXCl..U$lONS /\ODED BY ENDORSENeNT 15J1'1!CIAI.. PROVISIONS
Special Events - 5 Art &: JZllE.Z on the Avon-gel a Su.uner
Ni.ghts on the Avenue I ~alloon Glow / The City of Delray Beach is listed as
additiona1 insured w~th respect to Genera~ ~imblity ONLY.
CERnFICATE HOLDER
City of De1ray Beach
100 N.W. 1st Avenue
De1ray Beacb FL 33444
CANCEUATIOtf
DELRA~ 1 SHOULD I\NY OF THE Allove J)E$CIlIIleDPOUCIES IlECANCElLEDIlEFORE TliEEXP~TIO
DATE T~, niE ISSUING ItlSUftEIl WILl all)EAVOR TO MAIL ~ DAYS WAl'TTEN
NOTICE TO","E CERTIFICATE HOLDER ~ TO TH6 t.lin', /WT FAILURE TO DO so SHAlL
IWOO$li NO 08UGATION OR u.ulIUTY 01' AMY KIND UPON THE ~SUIilEll.ITS AGalTS OR
REPRESEHTATIVeJ.
AUlNOAIZEtlllEPRESENTATNE
ACORD 25 (2001108)
SPECIAL EVENT
HOLD HARMLESS AGREEMENT
The Downtown Delrav Beach Joint Venture. (comprised of the Community
Redevelopment Aaencv. Downtown Development Authority and Chamber of Commerce)
agrees to indemnify, hold harmless and defend the City of Delray Beach, its agents and
employees from all suits, actions and claims including attorney's fees and costs
attendant to any claim, litigation, administrative proceeding, appeal and judgment of
every name and description brought against the City as a result of loss, damage or
injury to person or property arising from and in exchange for the Downtown~lrav
Beach Joint Venture use of City Facilities or property for the special event of * . J r.
.1/1/D .JA 22-- ",."'l r J/ ?-- Arr. and hereby releases the City of Delray Beach,
its agents and employees from all suits, actions and claims including attorney's fees and
costs attendant to any claim, litigation, administrative proceedings, appeal and judgment
of every name and description brought against the City as a result of lo"ps, damage or
injury to person or property arising from the special event of ,f J?,r f -142-2--:
/
* This Indemnification and Hold Harmless and Defend Agreement is only to the extent
of insurance maintained by the Downtown Delray Beach Joint Venture as covered under
Scottsdale Insurance Company Policy number CLS1097431.
B~
ontague, airman
Community Redevelop t A
Louis Carbone, irman
Downtown Development Authority
MEMORANDUM
TO:
FROM:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGER c:r/l
AGENDA ITEM # C\'E.- REGULAR MEETING OF TANUARY 3.2006
-
APPOINTMENTS TO THE CODE ENFORCEMENT BOARD
SUBJECT:
DATE:
DECEMBER 30, 2005
The terms for Mr. Robert Marks, Mr. Anthony Veltri, and Mr. Mark Behar will expire on January
14, 2006. Mr. Marks and Mr. Behar will have served unexpired terms, are eligible and would like to
be considered for reappointment. Mr. Veltri will have served one full term, is eligible and would
like to be considered for reappointment.
All members of the Code Enforcement Board must be residents of the City. Appointments to both
regular and alternate member positions shall be on the basis of experience or interest in the fields of
zoning and building control. The regular and alternate membership of the Board shall, whenever
possible, include an architect, a business person, an engineer, a general contractor, a subcontractor
and a realtor.
The following individuals have submitted applications and would like to be considered for
appointment:
See Exhibit "AU attached
A check to confirm all are registered voters was completed. All are registered. A check for code
violations and/or municipal liens was conducted. None were found.
Based on the rotation system, the appointments will be made by Commissioner McCarthy (Seat
#4), Mayor Perlman (Seat #5), and Commissioner Ellis (Seat #1) for three (3) regular members to
serve three (3) year terms ending January 14,2009.
Recommend appointment of three (3) regular members to the Code Enforcement Board for three
(3) year terms ending January 14,2009.
Mark Behar
Gerald Franciosa
James Houck
Robert Marks
George Thacker
Anthony Veltri
Stanley Watsky
CODE ENFORCEMENT BOARD
EXHIBIT "An
Property Management (Incumbent)
Law Enforcement
(also applying for the Public Employees Relations
Committee, Police and Fire Board of Trustees,
Education Board and the Nuisance Abatement
Board)
Property Management (currendy on the Board of Construction Appeals)
Construction
Accounts Manager
General Adjuster
Insurance/Real Estate
(Incumbent)
(Incumbent)
CODE ENFORCEMENT BOARD
03/0S
TERM REGULAR MEMBERS OCCUPATION POSITION TELEPHONE
EXPIRES FIlLING
01/14/2007 Glenn Schuster Fire Chemical Layperson Work:
Unexp Regular Appt 4585 A Northwest 3rd St. Specialist Home: 499-0561
08/19/03
Unexp Alt 05/06/03 Delray Beach, FL 33445 Cell: 706-0553
ReapptOl/06/04
01/14/2007 Leonard Epstien Business Owner Real Estate Work:
Altappt05/06/03 3120 Northwest 15th St. Home: 272-0330
Unexp Regular appt Delray Beach, Fl 33445 Fax: 272-0329
07/'12/03
Reappt 01/06/04
01/14/2007 David Hawke Architect Architect Work: 740-4440
Unexp Appt 01/07/03 121 Heather Lane Home: 278-3414
Unexp Regular Appt Delray Beach, FL 33444 Fax: 921-0444
04/15/03
ReapptOl/06/04
01/14/2008 Beril Kruger, Vice Chair Planner Business Person Work: 265-4983
Unexp Appt 07/24/01 9 NE 16th St. Home: 265-2019
Appt 04/02/02 Delray Beach, FL 33444 Cell: 870-4701
Reappt 01/04/05
01/14/2006 Robert Marks Construction General Contractor Work:
Unexp Alt Appt 01/07/03 371 Coral Trace Lane Home: 266-8494
Unexp Regular Appt Delray Beach, FL 33445 Fax:
04/15/03
01/14/2006 Anthony Veltri, Chair General Adjuster Sub Contractor Home: 272-0252
Alt Appt 01/02/01 2915C NW 12th St.
Unexp Regular Appt Delray Beach, FL 33445
02/02/01
Reappt 01/07/03
01/14/2006 Mark Behar Property Mgmt. Engineer Work: 254-9605
Appt. 09/09/03 alt 1700 S. Ocean Blvd. #21 Home: 279-2335
Unexp Appt 10/05/04 Delray Beach, FL 33483 Fax: 279-9192
Cell: 254-9605
ALTERNATES
01/14/2007 Samuel Resnick Code Layperson Cell: 414-3933
Unexp Appt 03/01/05 2835 SW 13th Street Admin/Engineer Home: 330-8419
Delray Beach, FL 33445 Fax:
01/14/2007 Bernard Federgreen Retired Operations Layperson Home: 265-3339
unexp Appt 10/05/04 1260 NW 24th Avenue Director
Delray Beach, FL 33445
Contact: Norma Smith 243-7213
S/City Clerk/Board 04/Code Enforcement Board
V~/4&/V4 &AU &u.~O rAA ~VL ~.~ ~II.
Dt1.IIAV IEAot
~,.c...
.~
'1111.
1993
2001
\..L L I \..l4oltA
~OPC;r(!jOUfN;'
#~/- tJ'1
RECEIVED
APR 0 1 2005
CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION
. information;
2. HomeAdckess#/l/q./W, U6 ~,.
3. Legal Residence:
4.
1 t. Gift your presen~ O.t' most tect:nt eoiployer. 2J1d position:
Note: This application will t:enWo. on file in the City Oedt's Office fot a period of2 ~ from the date it was
submitted. It will be the applicant's responsibility to eo.suie thst a cuaent application is on file.
~n<If/
j..H 1~t.eIc4
OFFICIAL PBC RELEASE:
MR. MARK J. BEHAR
APPOINTED TO
PRESIDENTIAL BUSINESS COMMISSION
Washington, D.C. - Congressman Tom DeLay of Texas announced today that Mr. Mark J.
Behar of Delray Beach has been selected to serve the State of Florida on the new
Presidential Business Commission.
The PRESIDENTIAL BUSINESS COMMISSION (PBC) is an elite group of leading
business and professional people and political strategists \vho will be advising the
Republican leadership on how to protect the President's Majority in the House in the
upcoming elections. Mr. Behar was selected based on outstanding contributions as an
Honorary Chairman of the Party's Business Advisory Council, a position Mr. Behar still
holds. On the Presidential Business Commission, Mr. Behar is expected to playa key role
in helping the Party craft their strategy in the important closing weeks of the campaign.
Commenting on Nlr. Behar's selection, Congressman DeLay said, "The 2002 election will
be critical in determining the course of our nation, particularly in terms of tax relief and
national defense. I am thrilled to have Mr. Behar's expertise and input as a resource in the
final weeks." Mr. Behar will also be invited to attend high level meetings in Washington,
and is expected to receive a special thank you picnlre of the President.
####
10
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National Republican Congressional Committee
BUSINESS ADVISORY COUNCIL
From the Office of the Chairman
CONGRESSMAN TOM REYNOLDS
FOR IMMEDIATE RELEASE:
This official "Press Release" is to announce that Mark J. Behar, a Local Resident
and Businessman from Delray Beach, Florida will be meeting and speaking with several
Members Of Congress up on Capital Hill this week to talk about the tax related issues,
concerns, and problems facing local level "Small Business Owners" from Florida.
Mark will be meeting and speaking with Local Congressman Mark Foley (R-16.th) as
well on *March 19.th, regarding his views and opinions on how He and Congress can
help our Local Small Business Owners grow, when he's up on The Hill.
The National Republican Cont!;ressional Committee's - Business Advisory Council
has also scheduled a special awards presentation and ceremony on *March 18 in
Washint!;ton. DC to present Mr. Behar with the "2003 Businessman Of The Year
Award". as a Deleeate from Florida.
Several Members of Congress like House Ma,jority Leader, Tom DeLay, and
NRCC Chairman, Tom Reynolds as well as other VIP notables will be in attendance to
personally present him with his award at an Award Luncheon. It will be a major event in
Washington.
Mr. Behar has also been invited and will be attending the "Cont!;ressional Tax Summit"
rct!;ardint!; the President's Economic Stimulus Plan.
Commenting on Mr. Behar's Award, Congressman Reynolds (R-NY) said, "On behalf
of all of my colleagues in the U.S. Congress up on Capital Hill and the National
Republican Congressional Committee, I want to extend my personal THANK YOU to
Mr. Behar, for all of his accomplishments and his efforts over the past year as a role
model for and as a Mentor to our new generation of Independent Small Business Owners,
and to say that this selection now places him among the elite Young American
Businessman who are the future of our nations economic growth".
"11""11'1
{{../IJ:H:.
Press Release
FOR 1!\'fMEDTATF: RFT.F:ASF.
MR l\1ARK J. BEHAR APPOINTED TO
CONGRESSIONAL BUSINESS COMlVIISSION
\Vashington D.C. - Congressman Jim Ryun of Kansas announced today that
Me Mark 1. Behar of Delray Beach, Florida has been selected to serve on the new
Congressional Business Commission.
The CO~GRESSIONAL BUSI:\l"ESS COMMISSION (CBC) is an elite
group ofleading business people and political strategists who will be advising the
Republican Leadership on hmY. to protect the Repllh1i~n MHjority in the HOllse in
the Fall Elections
Mr Behar was selected based on outstanding contributions as an Honorary
Chairman of the Party's Business Advisory Council. On the CBC, Mr Behar is
expected to playa key role in helping the Party craft their campaign strategy for the
2002 elections. The CBe is committed to supporting and recmiting fiscally
conservative candidates who are conunitted to tax reduction and relief
Commenting on Mr Behar's selection, Congressman Ryun said, "The 2002
election ,,,,Ill be critical in determining the course of our nation. I am thrilled to have
Me Behar's expertise and input as a resource as we head toward November."
Mr Behar will also be listed on the Congressional Business Honor Roll,
which will be displayed in the Republican Headquarters Building in Vlashington.
########
?(If.! : GER-SHlI
\J~.Itl'l..'J~ Hi'.
1.,: :l;j l'A..! t>Il.l.~4J:l.d4
Aug_ 04 :200~f~~~b~~JI
<?/ L/n
CITY OF DELRAY BEACH E.CE.\\1E.O
BOARD MEMBER A~PLICATIOJl. 4 '2.\1\}S .
. ~\\G - '/...
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: 561:2660?-l6
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OfUU.Y B"EACH
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2001
j..J
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3. Legal Rcsidt:c.ce: S Anie
4. P.cinc:ipa1.BusUl~S Address:
City
City
City
$hte
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,.
1\Uiiness PAone:
E-M.wAd~l';:
Cell Phone:,
Hb-
1. What Board(~) an: yuu interest in serving? Pl.osc list in ~Mex- <)~ PC;~-eo.ce: U
./ /r1V.-J C V/t1m; e-S . . . '.
8. U" ~1 City Bo.nk = wbkh you... -='" ''''"'''' 0< hav. P"'"","",y,=..r (Plea. iudu.k ",...) tv OW
} Edu~ q~C&lions; 13
to_ Un any .related p%ofeu&iowal <:e.trifiea.tioas 1Oc;L JiC(:05CI5 -which YOu hold-
u::- Gl"e youe puseo.t;. or.D1O$t recent employer,. and posicion;
12. D~aibc: aperieDCe$. skills oc kno\lrledge ~ qualify 1'011. to save OJ). this bcw:d: (Ple:uc: 2IUch :II. bcicf rcsume)
I hcr~ G _' . -. . t a1l ~e 1I.~V' t<:mctLb: .are {(u,~ and I sgree and nn~l:2t\d ~t?y wiSllt:l.tement of n1lL~ &co:
contained dll.lO :ippIicaaoa. may OU\Sc f01:felC1:lCc upon my p~ of any a.ppOUl~(. y J:1:~
. application Will r.:main on iile in the City a~s O~ for a peaod of 2 years from the ~tc it ~
hmillred. It will be the appli=e~ re8po.nsibility to <:Osurc. d).;U a current :app(j,ClI.tioo. :l$ OQ file. .
S\CJt1(~~C\nON
~05
oaV.V BEACH
ba:i:i
Alf-Amertca c,
'III t
1993
2001
(1.'fJffiy I1J r
. 6-7~ CJtb
.CITY OF DELRAYB. EACH.
. . .
. . ' . .
BOARD MEMBER APPLICATION
M.Ll::>
sFt . ~~
State Zip Code
FL 7r3+
State Zip Code
OU~.
2. Home Addt-ess~ (03 " L.~~M
3. LegaI Residence:
:g7~3 . S, ~~W~l)O PL_
. .4. Principal Business Address:
. 5. .. Home Phone: Business Phone: Fax:
~l- ~tob ~"2~ ~-I-/ jll-1
6. Are you a registered voter? \( ~9> e~f~o,where ate ou te .s~e~ ~~ ~~ L
'f~~~~~~~ ar; lOU intCSted in s~P~ea~~&Order of preference: _ ad 1'112G) UN
8.
r
9. Educatiot~~~ ~~.b2~ ( \ (
(j)~4:.~
E ~OSOMs2'::s
.t11~~ L fa.t==r. ~
1Y16le- ..
.2. Describe etpetienccs. skills Of b~ which qualify you to ierve on this boatd:(pJWe att2Ch . brief resume)
I heRby cettify th2taD the above Statements are tnle, and I ~.and undenUnddwmy misSuh>n1~t of material faCts
con' . ap' lica . y cause foifc:itUfe upon my pan of any appoinunent I mayreCdve.
, p/S~&f
DATE' / .
No~ .This application. will remain o~ file in the Ci~ .9eP.i'~ ~t~.Cif 2 F fr~m the cbte it was
subnuned. It will be the applicant', respolWbilityfa>~ a current applicanon J5 on file.
~1JON
13Dcu:1 I-- H ) Gi ~ IlfJ- MAR 0 9 2004 .
,.. .-rv f'..1 s:: R K
HY-1~-~~~~ ~b;~~ FI-.
-JCII..L OCII-.. ~CIr":='O
.-_~~
May 18, 2005
.JAMES HOUCK
JY of Delray Beach
3763 S. Lancewood Place
Delray Beach, FL 33445
Phone: 561-865-2636
Email: idhouck51@vahoo.com
Delray Beach, FL
~ttn: eRA Board Members
Re: eRA Board Position
Dear Board,
fhis information is being sent to secure a position with your Board; Attached is a copy of my cover letter and
~esurne for your review. If my qualifications are what you are looking for. feel free to call or email me to set up a
neeting to discuss the position further.
l\s a highly organized and self motivated professional with interrelated experience in Accounting Bulcs,
o\rchitecture (5 years - Building & Space Design and Site PIsmung), Operating and Capital Reserve Budgeting
'17 years). Computer Software (20 years - Word, Excel and othet.s), Construction, Corporate Business (10
{ears - Management, Marketing, Operations, Sales and Training), Property Management (17 years - Portfolio &
~>n-Site Experience) and Real Estate (5 years - Commercial Leasing, Marketing, and Sales) the following are a
:ew of the skills I can offer:
\1ANAGEMENT
.
Able to effectively manage aspects of a multi-story condominium type building and its day to day
operations.
Prepare extensive management reports.
Able to quickly learn the various roles and functions of all positions within a property.
Long term knowledge of working with computer programs (Word, Excel, Quicken & others).
Understand and work with CAM charges.
Understand financial statements and general accounting principals.
Proficient in creating operating and capital reserve budgets and effectively manage their expenses.
Understand the use of financing.
Able to follow proper collection procedures and other applicable charges.
Examine problems and create viable solutions.
Develop and implement short and long term management plans.
Able to orient new O\Yl1ers and promote positive relations.
Knowledge of available insurance coverage to protect owner assets.
Enforce collection procedures and eviction procedures.
Analyze a property's physical and fiscal concerns.
Understand and work with legal contracts.
Understand legal issues as they relate to owners and associations.
· Te~t economic alternatives to increase value and make recommendations.
Oversee operations and administrative personnel as well as construction management.
Able to analyze and quickly take over a new account.
Understand and meet goals of the property.
Understand and work with stafting and employee relations.
Attend and able to oversee annual and regular board meetings.
.
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SKILLS (Continued)
(page 2 of 2)
lOPERTY FACILITY MANAGEMENT - MAINTENANCE & SERVICES
. Experienced facilities management background.
· Understand and manage construction projects.
. Understand and work with architectural drawings.
· Conduct and prepare extensive property and building inspection reports.
. Manage risk factors effectively.
. Monitor owner interior improvements.
· Create proper specifications, negotiate contracts and oversee a project(s) to completion.
· Identify and work out exterior and interior maintenance and construction defect issues.
.. Properly hire and effectively supervise and motivate employees and outside contractors.
· Aggressively oversee proper Jandscape maintenance, irrigation repairs and redesign as needed; plant
replacement and redesign as needed and implement other new projects when needed.
· Properly plan and implement the various types of routine and deferred maintenance pr~jects and common
area renovations.
· Able to effectively coordinate or oversee the security services; parking valet services; pool services and
their equipment repairs; parking garage and valet services. tree trimming and removals; parking garage
areas and their access systems; janitorial services; building engineer personnel; cooling systems; roof
repairs and replacemen~ elevator repairs; asphalt road and parking area repairs and overlays; painting
projects; concrete restoration, tennis courts; fIre sprinkler systems and most other services and/or systems
as needed.
ENERAL
-'
· Ability and willingness to quicldy learn all the various aspects of a new property.
· Strong organizational, multi-tasking, administrative and leadership skills.
· Mature, responsible and business like in demeanor.
· Positive proactive work ethic.
· Professional in approach and appearance.
~ Work effectively to create a cohesive "win-win" team environment.
Thank you in advance for taking time in your busy day to review this information. If after reviewing the enclosed
materials you feel there is 8 position available for us to discuss, I welcome the opportunity to meet at your earliest
CODvemence.
t
/
-'"
J Houck. CAM
3163 S. Lan<:ewood Place
.Delray Beach; FL 33445
561-865-2636
jdhouck51@vahoo.cQID
}closure - Resume
...... - J.. i:3-~""~__1 ~,~ _1I::.'Q r ,-,
.JAMES HOUCK
Phone: 561-865-2636
Email: idhouck51@vahoo.com
To secure a position where interrelated experience in Accounting principals, Architecture (5 years - Building &
Space Design and Site Planning), Operating and ReserVe Budgeting (15 years), Computer Software (20 years-
Word, Excel and others), Construction, Corporate Business (10 years - Management, Marketing, Operations,
Sales and Training), Property Management <.17 years -- POItfolio & On-Site Experience), Real Estate (5 years-
Commercial Leasing, Marketing, and Sales) ~'il1 be of value.
PROFESSIONAL HISTORY
2005-Present DEER CREEK CONOOMINIUM COUNTRY CLUB ASSOCIATION (Dcerfield Beach, FL)
ProDertv Manller
· "On-site" managing the daily operations of a 324 unit condominium development consisting of 7
buildings (with elevators and fire sprinkler systems in each), a s"',;imming pool, two tennis COUl1s, a
clubhouse building, an on-site staff of five and a total annual budget of.
t 992- 2005 LANG MANAGEMENT COMPANY (Boca Raton, Florida)
Property Manal:er
· "On-site" managed the daily operations of a 460 unit condominium development consisting of 9
buildings (5 stories in each and all with elevators and fIre sprinkler systems in each), 2 swimming
pools, a clubhouse building, and an on-site staff oftv..ro (2) maintenance and four (4) janitolial
personnel.
· Previously directed the daily operations of a portfolio of up to 16 high end communities, in the
master communities of Boca West and Broken Sound, collectively consisting of more than 600
homes and 300 two and three story condominium units.
· Consistently responsible for preparing, i.mplementing and overseeing the annual budget expenses of
over $4,000,000 collectively.
· Administered corporate monthly, quarterly and arumal board meetings.
· Professionally managed the contracts of accountants, architects, attorneys, carpenters, electricians,
engineers, general contractors, horticulturists, insurance companies, ilTigation specialists,
land~capers, handymen, roofers and other contractors, vendors and agencies.
· Maintained a high standard of living and cost effective lifestyle in these upper end communities.
· Successfully negotiated and monitored the completion of 2 developer turnover settlement
agreements, 4 asphalt roadway overlay projects, 9 sealcoate projects, 8 painting projects. 4 pool
resurfacing projects lUld 5 roof replacement projects.
1989 - 1992 BENCHMARK PROPERTY MANAGEMENT (Coral Springs. Florida)
Property Manal:er
· Consistently directed the daily operations of up to 15 propeltleS, collectively consisting of mOTe
than 1,000 two-story and low and mid-rise type condominium buildings and also individual homes.
· Responsible for preparing, implementing and overseeing the annual. budget expenses of over
$3,000,000 collectively.
· Successfully negotiated and monitored the completion of three (3) developer turnover settlements, 2
road overlay, 6 road senlcoate, 7 painting projects and 3 flat roof replacement projects.
· Administered corporate monthly, quarterly and annual board meetings.
H(-~O-L~~a ~C~~. r.-.
::lib!. ~~==- Lt::>-=:.o
t-".u::.
.JAMES HOUCK
(Resume - Page 2 of 3) .
.87 - 1989 CONDOR PLACE JOINT VENTURE (Boca Raton, Florida)
On Site ProDertv Mana2er & Leasina: Director
· Directed all on-site property management and leasing efforts tor a 40 bay 95,000 square foot
office/warehouse building.
· Responsible for negotiating all contracts and leases.
· Created and implemented annual budgets and p.'epared monthly financial analysis.
1985 - 1987. SCHNEIDER COMMERCIAL REAL ESTATE (Los Angeles, California)
Real Estate Ailent
· Affiliate member of the "International Council of Shopping Centers" (ICSe).
· Working with developers, property ov.ners and tenants negotiated more than $5,000,000 in retail
and office leases and land and building sales.
· Created and utilized computer generated databases to work v.rith buyers and tenants and also
investment programs to analyze building and land sale opportunities.
1984 - 1985 FRED SANDS REALTORS (Los Angeles, Califomia)
Real Estate Ment - Commercial Division
· Negotiated more than $900,000 in retail and office leases and land sales. Achieved goals by
comprehensive cold calling on O\\'Jlers. tenants and other brokers.
1974 - 1984
\
}
.
ST. CHARLES MANUFACTURING COMPANY (St. Charles, Illinois)
A high end residential. laboratory and institutional cabinet manufacturer.
Western Re1Zional Sales Mana2er/Multi-Housine: Division (Based in Los Angeles, CA.)
Successfully directed the development of a new region of dealerships, independent agents and
corporate accounts throughout 7 key western states.
Eastern R~f!lonal Sales ManaeerlMultl-Housin2 Division (Based in Ft. Lauderdale, FL.)
Effectively managed 17 independent dealerships throughout 8 key eastem states.
National Operations Mana2'er/Institutional Dhrision (Based in St. Charles, Illinois)
Supervised all corporate accounts and dealer services.
CorDorate Sales En~neerlDraftsman/Estimator
.
.
PROFESSIONAL LICENSES & DESIGNATIONS
W05-Present
WOS-Present
W04-Present
1989-Present
1987-Present
1984-1989
Florida Notary Public Commission (#D411955)
CPM Candidate (IREM ID #0159693)
Florida Mortgage Broker License (#504342)
Florida Community Association Manager License (#5414)
Florida Real Estate Broker License (#500323)
California Real Estate Brokers License
CITY GOVERNMENT - BOARD POSITION
W04-Present City of Delray Beach, FL - Vice Chairman - Board of Construction Appeals
JAMES HOUCK
(Resume - Page 3 of 3)
}
EDUCATION
1987-Present Florida Continuing Education Courses
· Real Estate Broker License & Community Association Management Licenses
1984 - 1986 UNIVERSITY OF CALIFORNIA - Los Angeles, California
· 8 various Real Estate Classes in Appraisal, Finance, Marketing and Property Management.
1976 - 1977 UNIVERSITY OF WISCONSIN - Madison. Wisconsin
· 6 various Business Management Classes
1971 - 1974 .UNIVERSITY OF ARIZONA - Tucson, Arizona
· Bachelor of Architecture Degree
1969 - 1971 SOUTHERN ILLINOIS UNIVERSITY - Carbondale, Illinois
· Associate of Architecture Degree
)
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2.
CITY OF DELRAY BEACH RECEIVED
BOARD MEMBER APPLICATI9Mc 072005
CITY CLERK
information:
1.
Name
7
Jrl ~
State
v
State
Zip Code
~I
&;Zr-
City ~ i2 ~ ~ d
J/6Utl' ~
City
3.
4. Principal Business Address:
kIf.
City
S. Home Phone:
Business Phone:
E-Mail Address:
Cell Phone:
Fax:
-
~ff..5 ~ .:5tJ- ..51D-/Y4S
If so, where are you registered?
7.
8.
9.
a::?rY~5
SIGNATURE
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S\CITYCLERK\BOARDIAPPLlCATlON
:ROM IMAGIBTIC~ B0~A RATON
(,Fr, I J\ FEE',. 1 v,-. ,!.-, I-I I-I r., 11' 44/"'T 11' 4"/N" " ~ -1 - - 4 - F
n n _ _ . '~I. . .:1 ~~!. 1~1::~bOIJ 'iU ~ ' 2
..,.....-_. ........."'........
. ... <t . . . ..
..,.....
All:-AnncaCltr
" III!
1993
2001
1.
2. Home Address;
3. Legal Residence;
information:
CITY OF DELRAY BEACH {/tl!/s-.lItjr.
BOARD MEMBER APPLICATIOIECEIVED
FEB 1 8 2005
. dl-/ 1~01
RK
M_l. S
Zip Code
~
Zip Co<le
05 -c- Lo
{-5h115 )
4. Principal Business Address: Gcy
.::IA1a1Is.f.,l.(' :r;,-b-", t;..,J' -;7 "7Z (
O~ I ~..f- fi dltf<.... . 00 Ca. ( ~
S. Home Phone: Business Phone: E-Mai.1.Addrcs9: Cell Pholle~Mc\ Fax;
5t1-3!;O--&2g;2... 5'hf-y-C,f-fa9!;o5'+W~I+~L.krel'"..n Ii Lf"".L' ~/-Cft.J-(pfI70
6. lue you a registered voter? ./ If so, where arc you registered? ~ I -:? /J /'
C..., -r 4-1J"Yl 9t'c...~ <-0 '-'''
State
Zip Code
FL
>:?t(<d7
7.
ds on which YQU are currendy saving or :vc previously served: (please include dates)
" ~ _ r <:: _
9.
12. Describe experiences, skills or -
illS are true, and I 1\gree and unden:tand that any missratetnent of material facrs
forfeinlre \lpon my parr of any appointment I may receive.
51
JRE
:;<--/<6 --CJ~
DA"IE
Note: This application will remain on file in dIe City Clerk's Office for 3 period of 2 years from me date it was
:mbmittcd. It will be the applicant's responsibility to ensure that a current application is on file.. .
S\CllYO-IlRKIDOhl\D\Al'fUC"'..IQN
FROM IMA~I~Tlt~ ~0tA RAToN
2001 - Present
1m - 2000
(FR I) FEEl 18 2001) 11: 4S1ST. 11: 4:YNO. 6:-;60012049 F'
.,
.)
George Stephen (Steve) Thacker
U(}3-C Lawson Blvd. Delray Beach, FL 33445
561-350-6282
Career Objective
Positi<m if( Ent~tprise Resourc.e Plannillg & MafJagement wiIh a progressive organization
offering advancement opportunities b4fea on achievement alld result_".
Summary of Qualifications
. TwelllY y~ars of e:xperu.mce in all aspe.cif oftXJmmu,~icat.ions and marketing/or the
telecomMUl1ications indust,y.
. High(v motivated, results-oriented professio'liJf with broad badcgroundin territory
development. accounllproject management. with aJocus on the Fortune 1000.
. DemollStrated anal)'tical and orgal1iz.ational effectiveness.
. ETcellent Interpersonal, communicatwn and managerial s1dlls.
. Proficient in ~Ioiceldata/video communic.atioTlS and network design.
. Proven marketing expertise wit}, strolll! aptiIude for sales management
Work Experience
lm.e.istics International. Ine. (formerlv Pitnev Bowes Office Systems)
National Account Manager
Digital Messagillg/Document Proces3lng & ERP Managed Services Solutions Provider:
Cypres.f Krrowledee ware Solutiol'lS Partner: OEMs include Mi1Wl1a. ~
PafUlSonk. Toshiba. Sharp. &: Heidelbe~ amollg others. Designed &: engineered enterprise-
wide digital printing & publishing solutions, color printing and 3<:onning, desktop ptlb/ishing.
deslaop faxing. and ullified messaging solution.f (LifhlJfinIJ Fax), National accou1It sales
management, whiLema;nt(~ini"g ~JM existing account base. Summit Club 2003. Cla.f.fie
Leadership Corife,.~mce 2004. Ranked 3'>1 nationaJ(v.
Norstan 'Communications. Inc.
Account Manager/CoMmunications Consultant
','
. Technology Solutions and Services Provider; Project Managed converged Voice/DtltalVideo
1::ncp.'1Jrise Networks. Contact Centers and Workforce Management Solution$ via lP
Telepho'T)'. Frame Relay. AIM and Unified Messaging technology, :
. Panners included Lucent. A VT. SoectraLink Wireless. Cisco SyStems. ddJran. MC/Worldcom.
Sprint g1.1il, SDrintPCi PiClureTel ~ Jjrl.. Siemem.'. lwatsu. Aspect. eomVet:fc. PeoDleSoft.
Blue PumJdn. among man)' others,
. Responsible for existing C1L..tomer base. while engaging 'few business.
FROM IMAGISTI~~ BOtA RAToN
1997-1999
1995 - 1997
)
1994 -199S
1989 - 1994
1988 - 1989
1987 - 1988
(FRI)FEf~ 1& iCioe; 11:4r;hT.ll:4::I/N!\6::~6001i04:) f' 4
Work Experience (Continued)
UniDial Communicadons. Ine. (now Lightyear Communications)
Authorized Agent - GST Communications.. President
.. Re-marketi~lg Ag(mt for MCI-Wor/dCom. Sprint. Williams. f!IHi l}[!;. offering wide-range. low-
cost Tele/data communkartons sen'ices co comfTUfrda/ customers.
.. lnitwted Strategic Partner and Distribution Channel relarion$hips.
.. Managed inaugural regional 30Ies operations.
.. PRESIDENTS CLUB
LCI Internadonal. InC. (IlOW Qwest Communications)
National Account Manager
. Re.spQrfsiblefor generating new revenue while maintaining exisring 4 million dollar base.
+ Managed National Account Suppon Team. which ...upported existing acoounts.
. Project managed tile design. engineering. and in..<;callation of voice. daliJ. and video networks.
+ Managed re:,p01l3es 10 RFQs and RFPs,facilitacing Executive Presentations to Senior
Executives of Fortune 500 companies.
. PRESIDENTSClRCLEAward-1996.
Thomas & BettslNevada Western. Berk-Tek
Manufacturers Representative, QaJc Hill Marketing
. Responsible for maruring Premise Wiring Systems and Communicarions C.able to existing
Distributors while generating flew revellue with Contractors and End-users.
Data Processin2 Sciences. Corp.
Regional Repre~cmtatlve
+ As DaW-commlJflkanOflS ('..oI1.<;((ltant. responsible for design, pr()(;uremenc. and
implementation of lnregrated Wide Area Netwo'-/( and Local.4.rea Nctv.1ork 30Iuti{)fJ.~ and
products.
. },/anaged national terrilory of assocwte brokers. distributors arid cu.ftomer base whi~e
genp.rating new business.
+ RepresemeJ over 50 dtjJerent manujQclurers uf network systems. data cm",,,,mic.atioflS
lIardware and related software.
Republic Roller CorD. (formerly Dayco Rubber)
Account Representadve
. Marketed CUSlom robber rollcr recovering services to the prinlilJg. paper mill. metalcreolmg,
/aminllting and related industries_
'I'
Interactive Comm\lnication Svstems. Inc.
A ccount Representative
. Re--markeled data communtc.a1ions hardware and software (terminal emulation amJ fJe
transfer) for IBM. DEe and UnisyslBurroughs Mainframes and most UNTX Sy.'ifems. Partners
induded K:S:... Attachmale. Emerald.. ~ and BLAST.
FROM IMAGI~TIC~ BOCA RATON
1985 - 1987
1983 -1'85
1975 - 1981
,
:.
)
{FRI)FEB 18 200r, 11 :46/~;T.11 :4VNO. 6:360012049 f' S
Work Experience (Continued)
Automatic D~ta Processln1l. Inc:.
DistriJ:t Manager
. Responsible for Markeling dara processing servi(;e.f and software.
· Sllpervi.fed Account Executives aruJ C/iefll Service Representatives
Pitney Bowes. Dlctaphone Corp.
Senior Account Executil'e
. Responsible for Majo,. AccounJ Marketingfor dictation and digital voice communication
syS1ems. CHAIRMANS CLUB.
Education
Unlversitv of Cincinnati
BlJchelor of Fine _~m' Degree. BroadcllSr COlrllftulIK-gnons
. Alpha Epsilon Rho Fraternity
Professional memberships
. Tri-Sla1e Technology As.mciatioll, Vendor Comm;tcee
· Adver1isilfg Quh of Cincirl1lo.ti
. Rotary I"tet-natiolUJl
COIDllIUnity activities
· . Boy Xouts of Amel'Uxl, DlstrU:.i C-orrrmilCee. A.('ft. Scoutmaster
· Knighu of Columbus. F (Jurih Dt:gree
~. .
. Catholic Order of F Qn~ste,._~
· CincinnatiAns Festival, Inc., Sing Cincinnati!- Steering Cornmitcee
· SPEBSQSA - Southem Gateway Chorus. Director of Madreting. As31. MUfic Director
""'"* -,lr"* '*
~ 11 t-- P'
(}t/flrol /itftt5k/C
RECEIVED
DEe 05 2005
CITY OF DELRAY BEACH CITY CLE~\)
BOARD MEMBER APPLICATION /t7-j5JO'}
fI)R:RAY8EACH
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199.~
2G01"'
1.
Name
State
;J,
State
M.I6
Zip Code
..Y. -
Zip Code
2. Home Address/- ~ II C. .. Ai. uJ '
3. Legal Residence:
Ci~fy
City
fl-~
4. Principal Business Address:
5. Home Phone:
-56 I -
~ 7,j,. ----0 ~ :L
6. Are you a registered voter?
Business Phone:
fge ~/Ye ])
E-Mail Address:
City
State Zip Code
Ji)~e.
J18
Fax:
7. What Board(s) are you interested in se~ PI
1?d.
8. list all City Boards on which you are currently servin
9. Educational qualifications: /? J b '
l.: t:) ,<.. U 1'1 /
UIfIIV'
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/ Pc. AJ ~t .L .
id M. Sf. ~_
/(id
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e6 rS If y:
c...
eY/6A/Ce
I hereby certify that all th~e above tatements are true, and I agree and understan. d that any misstateme.nt of material facts
containe . this application ay cause forfeiture upon my part of any appointment I may receive.
. . . /Y ~I\ J-iJ
.. . .:...r~ r AY .t5'c. ..) - J 6l1S
DATE
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S\CITYCLERK\BOARD\APPUCATlON
l'Q~~
,a,Q0rt
/ ~/d/<7
RECEIVED
CITY OF DELRAY BEAC~C 122005
BOARD MEMBER APPLIC~'fldfJtERK
~~/2jJ71Jc!e
galt*Yueicfi
f.' . ~ &. - .~" _;.:,. '. ~ :': _~_:::::A
2.
M.l.
1.
3.
City
Zip Cod; ./
~J
Zip Code
4. Principal Business Address:
~~
5. Home Phone: Business Phone:
City
State Zip Code
E-Mail Address:
Cell Phone:
Fax:
6. Are you a registered voter?
If so, where are you registered?
7.
serving? Please list in order-'*pref~r9jlce: b. J {ff / .r-" n_
~ 6!, Q E 17 Er (::::r;--- - - 01<- / t 1..J. j/U 1"7 C7< r..L / rJ
J I.J -r'6 0c ~ 0 f114 71/ FpuB C-./<2.
8. List all City Boards on which you are currendy serving or have previously served: (please include dates)
~9~
9. Educational qualifications:
CA//&:o.d C IF ~ n-rT
"J I Vr;12..5J 0
10. List any re ted. professional certifications and licen,gs which y u h.o1d: J .. ~
. L L, ~ (IL. /1 .$ .d) r- /.~;. (?. NI-.'.. eE
11 .91 ~ /5"3-r I'/' ~ - ~ ~ -7?r-
11. Give your present, or .most recent employer, and position:
j9pd.ZJ
e
12.
~
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
con,,"n in till, apPlieatin~e fmfciture upon my part of any appointment I ~ ~ S-
DATE
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
s\cITYCLERK\BOARDIAPPUCATION
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM # q r - REGULAR MEETING OF JANUARY 3. 2006
, -
APPOINTMENTS TO THE EDUCATION BOARD
SUBJECT:
DATE:
DECEMBER 30, 2005
Mr. Paul Seal has submitted his resignation from the Education Board effective October 12,
2005. 'Ibis creates a vacancy for a regular member to serve an unexpired term ending July 31,
2007. The resignation letter is attached for your review.
Secondly, Mr. John Jackson was appointed to the Police Advisory Board at the City Commission
meeting of December 13, 2005, which created a vacancy for a regular member to serve an
unexpired term ending July 31, 2007.
Members of the Education Board must be a resident of the City, own property, own or operate a
business within the City or have a child attending Dekay Beach public schools. It is the intent,
whenever possible, that the membership include persons with a background in business, real
estate and/or education.
The following individuals have submitted applications and would like to be considered for
appointment:
Gerald Franciosa
Marlo Belkin
Peter Raycroft
Law Enforcement
Education
Education
Pursuant to Commission direction, a check for code violations and/or municipal liens was
conducted. None were found. Voter's registration verification was completed and all are
registered.
Based on the rotation system, the appointments will be made by Commissioner McCarthy (Seat
#4) for one (1) regular member to serve an unexpired term ending July 31, 2007 and Mayor
Perlman (Seat #5) for one (1) regular member to serve an unexpired term ending July 31,2007.
Recommend appointment of two (2) regular members to the Education Board to serve unexpired
terms ending July 31, 2007.
EDUCATION BOARD
12/05
TERM EXPIRES NAME & ADDRESS TELEPHONE
07/31/2007 Bradley Bradford Home: 272-9314
Appt 07/05/05 65 SE 5th Avenue #N Office: 272-8991
Dekay Beach, FL 33483
07/31/2006 Jennifer Ferreri Office: 672-4860
Appt07/06/04 1820 S. Ocean Blvd #l-H Cell: 707-6687
Dekay Beach, FL 33483
07/31/2006 Debra Kaiser Home: 599-2894
Appt07/06/04 684 Lakewoode Circle West Fax: 638-4018
Dekay Beach, FL 33445
07/31/2006 Suzanne Katz Home: 865-2000
! Appt 07/06/04 1765 Satin Leaf Court
Dekav Beach, FL 33445
07/31/2006 Harold Van Amem Home: 272-0550
Unexp Appt 733 N. Ocean Blvd Work: 272-2912
Dekay Beach, FL 33483
07/31/2006 Peggy Murphy Home: 638-6859
Appt 07/06/04 4622 Ellwood Drive Office: 243-7922
Dekay Beach, FL 33445 Fax: 243-7018
07/31/2007 Susan Sikich Home: 272-0554
Appt 07/05/05 1117 Harbor Drive Cell: 312-505-6810
Dekay Beach, FL 33483
07/31/2007 Adam Sartin Home: 477-5354
Appt07/0s/0s 9779 Parkview Avenue Cell: 542-1025
Student member 01/18/05-07/31/05 Boca Raton, FL 33428
07/31/2007 John Jackson Home: 272-9629
Appt07/0s/0s 309 NW 7th Avenue Cell: 706-3428
Dekay Beach, FL 33444
07/31/2007 Mary McKenna Office: 703-9318
Appt 07/19/05 637 Ibis Drive Home: 276-2719
Dekay Beach, FL 33444 Cell: 703-9318
07/31/2007 Office:
Unexp Appt Vacant Home:
STUDENt
MEMBERS (one term limit)
07/31/2007 Logan Pere! Home: 272-6292
2 YEAR TERM 325 NW 18th Street Cell: 665-1075
Appt 07105/05 Dekay Beach, FL 33444
07/31/06 Kassandra Engroff Home: 641-6171
1 YEAR TERM 7073 Catalina Isle Drive
Appt 07/19/05 Lake Worth, FL 33467
CITY REPRESENTATIVE: Janet Meeks - City Planner 243-7231
COMMISSION LIAISON: JeffPerhnan
S/City Clerk/Board 03/Education
Page 1 of 1
Cobb, Venice
. From: Meeks, Janet
Sent: Thursday, November 03, 2005 1 :53 PM
10: Cobb, Venice
Subject: FW: Ed board
He. is 'tlis resignation.
--Original MesSage----
. From: Paul seal [mailto:paSeaI@adelphia.net]
Sent: Saturday, October 15, 2005 8:24 AM
To: Meeks, Janet
Subject: FW: Ed board
From: Paul Seal [mailto:paseal@adelphia.net]
Sent: Wedn~ay, October 12, 2005 4:49 AM
To: Meeks, Janet
.SUbject: Ed board
Janiet, I do apologize for not contacting you about my inability to attend the Board meeting. And unfortunately, I
will need to resign from the board. My family and I will be relocating to Atlanta by the end of the month. My
spouse has received a job offer that we could not refuse, and I had to take an unexpected trip to Atlanta to find
housing, which is where I am currently. As you probably guessed, we are swamped with the impending move. I
shall call you when I return to Defray. Additionally, I will prepare a written presentation for November's meeting
outlining info found on grants.
A formal resignation letter will follow within the next week or so, please inform to whom I should address.
. Sincerely
Paul Seal
.-
[
J
1117/2005
OElJt.\.Y n~ACH
~
;qj1?
1993
2.001
HLl9_ 1.;j4 "cUl.1&MJW'
qj '-In
CITY OF DELRAY BEACH ,€-CE.\\1E.O
BOARD MEMBER APPLICATloJ1-. h 'l.\\\\'i
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~ C"* '€. ~ 'f...
crt1 .
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U.5'lQ;'J:) HI!.. ~,;:;);J t'.U
.,'It
City
j.J
ElJE ST
3. Lcp~ce: S~
4. Pzincipa1.BusiO.c;s~ Addr.:s:s:
City
City
$tllt:e
Zip Co&
I ~
7.
1\Wiiuess :Phone:
)- ~oJUe Phone: .
~ hi -vtt O(;,of'.-
6. lu.~ you JL t;egist~ed vot=?
,./ frlV~ Vfr7ff/ ; e-S .. .
8. List: All CttyBoards 00 whicb. you U'e anreudy s~ ot' ba.ve pl;C.~USly3qv-ed; (P~ indwk ~~) ;/0 k
.J. E4u~~ ~~Ii<:as; 13
10_ List:ulV .related profum:ioW?l <;ertifiea.cio1lS an9.lic.:~ which. YOu hold:
1 L Give your p.tesent, or ~ tecwt eaiployer,. and posicion.:
12. Dtsaibc: aped.eDCe$. dcilk 01; kno"'-edg<t whiCh. qualifY yoQ. to save: '-Jo. this ooud: (Plt!2.ie 2O:1ch 2. bcicfI:C5UIIlC)
_ DJl_
J:V f!- ~
appiica.tion will I:omu.tn oable in tb.e Ciq' a~s Office fOJ: a. peaod of 2 years frolo the d:J.tc it ~
ollllred. l( 'Will be the applicane:l .r:csponsibiIity (0 ~cd)a.t: a CUJrent. :app6.Clltiou 1:J on file..
~~.AU>~
*****
/If.i/ZJ7
~dtl(!~
CITY OF DEL RAY BEACH RECEIVED
BOARD MEMBER APPLICATION
11Ee 1 4 2005
CITY CLERK
DELRAY BEACH
'lO.IDA
_AlebiJ
'~lIt
1993
2001
Please eor rint the followin information:
1. Last Name: ~e. \ \(\ \') Name M \ MI.
d(", 0 T.
2. Home Address: ~\~ State /' Zip Code
e2\ NE \ \ \-'" ~+reC!.-\- 'Beac..L, G:.. 3:lCW,",
3. Legal Residence: City State Zip Code
4. Principal Business Address: City State Zip Code
H 0 ~ ~S" ,r. ~~ A.r f.V\ u.e.. 1>~ \ v lS eo.t.k -rL"3 '3~\( ~
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: S~, Fax: SlIt
SI\.d'4.(,Q ~ 2. Jt"q . ~ q,O M, \4~t"oi~~'h."u.. .,~.... 1'l1.0)78 J'1Q.2 )'D1
6. Are you a registered voter? '\ E. ~ If so, where are you registered? 'Dt \......~ ~
7. What Board(s) are you interested in serving? Please list in order of preference:
8.
f: 0"" oo..~ J
ch you are currendy serving or have previously served: (please include dates)
no...
9. Educational qualifications:
:P se . 1UJ.
11. Give your present, or most recent employer, and position:
Note: This application will remain on ftle in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S'CITYCLERK\BOARDIAPPLICATION
Marlo Belkin
21 NE 11th Street
Delray Beach, FL 33444
561.789~0578
CARtIER OBJECTIVE:
Td promote achievement foral! students, integrating academics andartistic expression,
to encourage self-exploration and foster creative, independent thinkers.
ADMINISTRATIVE EXPERIENCE:
2004..Current, Executive Director, Milagro Center, Del~ay Beach,Florida
./ Implemented Educational Foundations throughout Program Model
./ Created Intensive Chjldren's Literacy Program
./ Opened Communication with Local Elementary Schools
./ Developed Family Participation and Responsibility Initiative
./ Implemented Community Outreach Program
./ Facilitated Devel'opment of Strategic Plan for Organization
../ Organized Company's Policy and Procedures
./ Established Professional and Business Partnerships
./ Solidified the Foundation of the Organization
2001-2004, Entrepreneur & Business Manager,' Palin Beach C()unty, Florida
./ Created Strategic Planning Teams and Delegated Responsibilities
./ Developed and Implemented Marketing Plans and Strategies
./ Create Time Sensitive Guidelines and Deadlines
./ Maintained General Company Financial Recorgs, Budgets and Accounting
./ Customer Liaison and Troubleshooter
./ Developed Community Outreach and Built Business.Partnership
./ Motivated Staff and Volunteers to Work Cooperatively to Reach Common Goals
./ Provided Group and Individual Instruction
. ..
2000-2001, Assistant Principal, Wellington High School, WeUington,Florida
./ Dean of Discipline for Exceptional Student Education Students
-/ Ensured the Adherence to 504 and Individual Plans as Related to DisCipline
./ Implemented Behavior Management Plans for Disruptive Students
./ Coordinated and Administered District, County, and State Wide Testing
./ Developed. and Implemented Policies & Procedures for School Wide Testing
./ Evaluated and Supervised Classroom Teachers
./ Coordinated and Implemented Profession(:ll Development DCiYS
./ Administered Faculty and Student Surveys to Measure School Climate
./ Ensured Safety and Security for Students
./ Crisis Response Team Member Responsible for Media Contact
./ Worked Cooperatively with School Police
./ Empowered Staff and Students to Make a Difference
./ -Conducted Monthly Department Chair Meetings
./ Worked with Teachers to Create Positive Learning Environments
./ Provided a Positive and Fresh Outlook on Education
Marlo Belkin.
'--
TEACHING EXPERIENCE:
1996-2000, Indian Ridge School,West Palm Beach, Florida
./ Recruited as a Training Consultant for School-to"-Work Program Development
./ Coordinated and Developed Master Schedule
./ Recruited and Interviewed Potential School Personnel
./ Facilitates Organization of School-to-Work Program Presentations
./ Presenter of School-to-Work Program at State Conferences
./ Active Involvement in Development of School Wide Transition Program
./ Coordinated Student Activities that Correlate to Sunshine Standards
'./ Assisted in Grant Research and Development
./ Responsible for Overseeing Federal Grant
./ Coordinated and Developed Parent Involvement Initiatives
./ Wrote and Implemented Mini-Grant
./ Development and Implementation of Staff and Student Schedules
./ Trained Peer Teacher and Intern Supervisor
./ Supervisor of Teacher Interns and Beginning Teachers
./ Member of School Advisory Committee, Instructional Innovation Team
./ Acted as Exceptional Student Education Contact Person
1994-1996, Di~trict 75, P106 at BeUevue Hospital, New York, New York
../ Assisted in Development of Transition Program
./ Certified as a Human Sexuality Educator
./ Facilitated Weekly Student Peer Groups
./ Integrated Positive Behavior Management Strategies
./ Case Manager for Individualized Education and Individualized Transition Plans
./ Participated in Structuring Parent Teacher Association
./ Established Working "Relations with Doctors, Therapists and Other Agencies
./ Pilot Classroom and Teacher Training for a Drama Therapy Program
./ Active Member and Coordinator of SunShine (social) Committee
1992-1994, Olympic HeightS Community High School, Boca Raton, Florida
./ Created Behavior Modification Program. with Positive Reinforcements
../ Provided Motivating Learning Experiences
./ Varsity Cheerleading Coach 1992-1993
./ Co-Sponsored the Ambassador's Club 1993-1994
. . ,
./ Successfully Completed the Professional Orientation Program
J
VOLUNTEER EXPERIENCE:
./ Board of Dire"ctors, Hugh O'Brian Youth Foundation (HOBY), South Florida
./ Director of Programs, HOBY
./ Director of Facilitators, HOBY, Recruitment and Training
./ Sponsor for HOBY Palm Beach Alumni
./ Very Special Arts of Palm Beach County .
../ Art, Humor & Play sponsored by Severely Emotionally Disturbed Network
Marlo Belkin
CERTIFICATIONS:
./ Florida: Educational Leadership
./ Florida: Emotionally Handicapped and Specific Learning Disabilities
./ New York: Special Education
E9UCATI,QN:
./ 1998;..1999 Masters of Educational Leadership, Nova Southeastern University,
North Miami Beach, Florida
./ 1988-1992 Bachelor of SCience, University of South Florida, Tampa, Florida
,..
/'
------
m~
1993
2001
/ '1.2.",. /'
CITY OF DELRAY BEACH RECr?rvE6d
BOARD MEMBER APPLICATIOMV
.. - NU -IW~
CITY CLER.K
Home Address:
<2,
Leg2l Residence:
Name~K
City Mrc -
City
M.I.
~a...
Principal Business Address:
City
State' Zip 9>de
.. Home Phone: .
b{.
.Business Phone:
. E-M2il Ad~s:L) Cell Phone:
()ov-d~~ 5foJ 4l . ~263-1-
If so, whe.t:e ue you registe.t:ed?
Fax:
_ list all City Boards 00 which you are currendyserving or have previously served: (pll::aSe include" ~tes)
~
) , s. a C0f
o. List anyrehted professiorutl certi cations and licenses which you hold:
- that all the a?ove statements are true; and I ~ee and understand that any misstatement of matecial facts
- this appli -on ma use forfeiture ~poo my part of any appointment I may receive.
.. . IO!<J[ 10:) ..
. DATE
-' o~ 1bis application will re.rruun on file in the'City Clerk's Office for a period of2 yean; from the date itwas
. submitted. It will. be the applicant's responsibility to eOsuie. that a current application is on file. .
. S\CITY<1I!RDBOAIUJlArrUCAUON
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER tft!\
AGENDA ITEM # 9.F - REGULAR MEETING OF JANUARY 3. 2006
APPOINTMENT TO THE EDUCATION BOARD
TO:
FROM:
DATE:
JANUARY 3, 2006
Attached please find an additional application from Perry Stokes for consideration to the Education
Board. The appointment is scheduled for tonight's City Commission meeting as Regular Agenda
Item 9.F.
S:\City Clerk\agenda memos\Education Board Appointment 010306
OEl..RAYBEACH
,..o..o~
*****
........CItr
, I'll I!
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
information:
1.
M.IG, .
Zip Code
33 4-LI r-
Zip Code
3.Lf4 J
Zip Code
7.
I
8. List all City Boards on which you are currendy serving or have previously served: (please include dates)
11. Give your present, or most recent employer, and
~
) - L- jj~
DATE
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
. SICITYCLERK\BOARD\APPUCATION
Resume'
Perry G. Stokes
2845 South West 220d Avenue # 108
Delray Beach, FI 33445
(561) 243-4856 (Home)
(561) 634 -0556 (Cell)
EDUCATION:
Lynn University - 1998 B.S. Degree Elementary Education
(Grades 1-6); Palm Beach Community College - A.S.
Degree Music Education; Boca Raton High School - 1973
Graduate.
PROFESSIONAL EXPERIENCE: 1998- Present: Carver Middle School- Social Studies
Teacher 6th Grade
1986 - 1998: Loggers Run Middle School Permanent
Substitute
1984- 1985:
1980 - 1983:
1979:
1976:
Choral Director, Drama Coach
Carver Middle School Permanent Substitute
Music Instructor S.D. Spady Elementary
School
Instructional Assistant 3rd & 4th Grades
S. D. Spady Elementary
PROFESSIONAL TRAINING: Conflict Resolution: Training and Implementation of
Victims, aggressors and by-standers program.
HONORS AND A WARDS: Sallie Mae First Class Teacher Award - 2000
Nominee Disney Teacher of The Year 2000 & 2001
Nominee African American Achiever Award 2003
Who's Who Among America's Teachers 2004-2005
Nominee Burdines/Macy's Teachers of The Year 2005
Nominee Social Studies Teacher of The Year 2005
Zora Neale Hurston Literary and Artistic Achievement
Award 1991
Alpha Sigma Lambdarrheta Beta Honor Society 1998
Academic Honors Lynn University 1997-1998
Roots Cultural Festival, Inc. Champion For Children
A ward in Education 2005
Roots Cultural Theatrical Arts Award 1985
PROFESSIONAL SPONSORSmpS: FFEA Club (Future Teachers Of America)
Drama Club
Warren Foundation "Success For Life Club"
Teens Against Violence
Mentor Program
Stokes' Stars (Classroom)
Class Affirmation: "In order to be a good student I must
Love, respect, and nurture myself because my
preparation today determines my success for tomorrow."
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~\
AGENDA ITEM # Gte;,. - REGULAR MEETING OF TANUARY 3.2006
-
APPOINTMENT TO THE NUISANCE ABATEMENT BOARD
TO:
SUBJECT:
DATE:
DECEMBER 30, 2005
Mr. Nick Loeb, regular member of the Nuisance Abatement Board submitted his resignation
effective December 5, 2005. This creates a vacancy for a regular member to serve an unexpired
term ending March 31, 2007. Ms. Eileen Marks and Mr. Philip Friedman are both alternate
members and would like to be considered as regular members.
The Nuisance Abatement Board was established by Ordinance No. 59-96 on January 21, 1997,
for the purpose of hearing evidence related to the existence of certain public nuisance on
premises located in the City. The board consists of five regular members and two alternate
members. Members shall be residents of, own property, own a business or be an officer, director
or manager of a business located within the City, and are appointed by an affirmative vote of at
least four members of the City Commission.
The following individuals have submitted applications and would like to be considered for
appointment:
Philip Friedman
Linda Leib
Eileen Marks
Arline Sherman
Gerald Franciosa
Assistant Director of Financial Aid (Incumbent)
Assistant Office Manager
Customer Service Representative (Incumbent)
Physical Therapy/Manager
Law Enforcement (also applying for the Police & Fire Board of Trostees,
Public Employees Relations Committee, the Code
Enforcement Board and the Education Board)
A check for code violations and/or municipal liens was conducted. None were found. Voter
registration verification was completed and all are registered.
Based on the rotation system, the appointment will be made by Commissioner McCarthy (Seat
#4) for a regular member to serve an unexpired term ending March 31, 2007.
Recommend appointment of one (1) regular member to the Nuisance Abatement Board for an
unexpired term ending March 31, 2007.
NUISANCE ABATEMENT
03/0S
TERM REGULAR MEMBERS OCCUPATION TELEPHONE
EXPIRES
03/31/2006 Greta Britt Coordinator Home: 495-1614
Unexp Alt 02/01/05 867 Sunflower Avenue
Unexp reg 02/15/05 Delray Beach, FL 33445
Re-aoot 03/15/05 reI!
03/31/2007 Kenneth Kaltman Financial Manager Home: 274-6751
Unexp Alt 03/01/05 608 N. Swinton Avenue Work: 330-7645
Re-appt 03/31/05 reg Delray Beach, FL 33444 Cell: 870-4859
03/31/2006 Susan Kay, Chair Case Manager Home: 495-7848
Appt 03/11/04 reg 2571 Hampton Circle North Fax: 495-1287
Alt 11/18/03 Delray Beach, FL 33445
03/31/2007 Todd L'Herrou, Vice Chair Web Designer Home: 278-2415
Appt 03/31/05 830 Kokomo Key Lane Work: 272-3200
Delray Beach, FL 33483
03/31/07 Home:
Unexp Appt Vacant Work:
Cell:
POLICE LEGAL ADVISOR
Catherine Kozol Work: 243-7822
Secretary: 243-7823
ALTERNATES
03/31/2007 Philip Friedman Real Estate/ Home: 276-2207
Unexp Appt 03/01/05 960 Allamanda Drive Financial Aid
Re-appt Reg 03/31/05 Delray Beach, FL 33483
03/31/07 Eileen Marks CSR/Banking Home: 266-8494
Appt 04/15/03 371 Coral Trace Lane
Appt Reg 02/15/05 unexp Delray Beach, FL 33445
Re-appt Alt 03/31/05
BOARD COUNSEL
Steve D. Rubin, Esq Work: (561)391-7992
980 N Federal Highway Fax: (561 )347 -0828
Suite 434
Boca Raton, FL 33432-2704
Contact: Venice Cobb
S/City aerk/Board 04/Nuisance Abatement
LOEB
'~~A
\....f:::
Ote 0 :lv~D
err} ... -J looS
Cl.€"lil(
Investments
December 5, 2005
Attn: Chevelle Nubin
City Clerk of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Dear Office of the City Clerk,
This letter is to notify you that I hereby resign my position on the Nuisance Abatement Board
effective immediately.
To my knowledge, the Nuisance Abatement Board is the only board for which I have been
appointed. I would like to remove my name from future consideration from any and all city
boards until I grant expressed written permission to the contrary.
Thank you very much for your assistance with this matter.
Sincerely,
L\\.~l~:::z
Nkk Loeb
CC: John Whittles
Richman Greer Weil Brumbaugh Mirabito & Christensen, P.A.
One Clearlake Centre
250 Australian Ave South, Suite 1504
West Palm Beach, FL 33401-5016
2255 Glades Road . Suite 223A . Boca Raton, Fl33431
Office: (561) 241-8171 Fax: (561) 241-4966 Email: nmloeb@aol.com
mr
1993
2001
CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION RECEIVED
AUG ~.5 2005
K
'l/1a1 .
C0ir~/ .sJlf=fl/ R' ~
DB.RA.Y BEACH
. . 0 .. . . ..
*****
14.
information:
N
2.
3. Legal Residence:
City
City
State. ZiJ? Code
5. Home Phone:
0(9 (
6.
Business Phone:
E-Mail Address:
Cell Phone:
Fax:
9.
/U
^-.J c;;' vLoo
~'^-S';11Je S
7.
8.
10. List any relatFd pr<?f91ional certifications and li,fellSes wh\ch you hold:
. . ~.e.- \ ""- r- VU"- S 'leJt-&-o-r s I (c eJJ<:<-€-
I?- (E~k-
above statements are troe, and I agree and understand that any misstatement of material facts
on may ca forteiture upon my part of 30y appoinbnro' I ?S '~e
- . F51s- C?~
DATE I .
- i_
Note: This application will remain on file in the; City Clerk's Office for apeciod of 2 years from the date it was
submitted It willbe the applicant's responsibility to ensure. that a current application is on file.
S'alY(1I!l{KYIOAlW\APl'UCATlON
'::
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1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
/~Mj~
(j.:J/ dI! IfjR'
DELRAY BEACH
f .. 0 . . 0 "
*****
2.
-.
1.
3.
4.
City
State
Zip Code
Business Phone:
Cell Phone:
Fax:
11.
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of mateiial facts
con . d in this applic . on may cause forfe' e upon my part of any appointment I may, receive.
RECEIVED
DEe
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's respoCit>1h"W ~lr.6:QKhat a current application is on file.
L H J a{ ~ s\CITYCLERK\BOARDIAPPUCATION
DA
AHmericaCily
, ~U I!
1993
2001
Jj~~~
RECEIVED
CITY OF DELRAY BEACH FES 082005
BOARD MEMBER APPLICATIONcn"/ CLERK
DELRAY BEACH
. .. 0 . . 0 ...
*****
information:
2. Home Address:
3
3. Legal Residence:
LANE
N~e.
C-,L-
1)1 (
City
ML
ce
State
~L
State
fJj Co}
Zip Code
4.
City
State
Zip Code
E-Mail Address:
Cell Phone:
Fax:
11. Give your present, or most recent employer, and position:
12; Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
I hereby certify that all the above statements are trne, and I agree and und.erstand that any misstatement of material facts
001':00 in t!U$ ~,2"'",e fo,feilme upon my part of "'y appointmen~ i::.cctv. e.
~- ~
'",~jNA1URE . . D TE . .
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
s\ClTYClERKlBOARDIAPPLlCATION
All-AlllericaCity
" II J!
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
/'hl/Slilaj .-de.. ~rCP.f 1;
J Ui1/J~/
j/~jJ?
DELRAY BEACH
F1.0.,04
*****
Please rint the follo' information:
1. Last Name: SHC.R./tt;fAN
2. Home Address:
3Jg~ u.w I tli S'T:
3. Legal Residence:
s.Pt~
4. Principal Business Address:
Name A~L..iN IE:.
City
ML
b.
Zip Code
-
City
State
Zip Code
"'It
5. Home Phone:
-
- -
Business Phone:
E-Mail Address: Cell Phone:
Fax:
-
fltl/~t!e
List all City Boards on i h you are currently serving or have previously served: (please include dates)
~
0.- _ ..
I \ - ~rc.otJti
I hereby certify diat all tHe above statements are e, and I agree and understand that any misstatement of material facts
contained in this application may cause forfeiture upon my part of any appointment I may receive.
/f~ J9.~~ RECEiVED
. .~mATURE JAN t 0 2005
I f:lt:J..,
DA
Note: This application will remain on file in the,p~_.~l~~ f{ffice for a period of 2 years from the date it was
submitted. It will be the applicant's ~t'sibilltftPensure that a current application is on file.
S\CITYCLERK\BOARD\APPUCATION
PClI'l : GEP-'=.AII
U~'lJ:j,..IJ:) 111'.
1.;: :.l:j t'A..! t>1l1 ~ij3;.,.t"l4
Hug. 04 200ft%;!~li
<?/ '-If;
CITY OF DELRAY BEACH E.CE.\\1E.O
BOARD MEMBER APPLICATIOJi. . b 1\l\lS
. ~'JG - '"
v C\..e.~
0\\1 .
FA:>< 110.
: 56126607-16
t:l n: CLt::Kl\
OfUt.\.y n€ACH
~
rqrr
1993
2001
City
"}J
ElIE ~T
3. ~~= S~
4. P.cincipal.Busio.~1J Address:
Cit.y
City
ShL~
Zit' Co&
I.
J- ~olUe Phone: ,
(hi -vtt 0(;,01'"
6. .ALe you lL ~tt:.red vo&:et?
1\m;iness 'Phone:
E-MillAddtcs5:
Cd! Phr;k --f5Sj~b tJ Nt
7. ~t Bou:d(~) ate you interest
./ !rAft! C VJr1rn ; cS .
8. Ust all City Boards Q(] wbkh you 2l'e CW:T:eudy s~g Of hfl.V~ pEcviously 3a:v-ed; ~ indu.:k d:a.~) ~O W
. E4uca.tioD..;U ,.,blillfl..::ab<:.'us;
! . ~ ~
13
10. List:my .IeJated prOf<!.lls1owU ce.rtifica.tiC'os we;! lic.;CIlSeIS whicn you hold:
lL Gi.. ~uc p- ocmoot ,..,.,;" ompTo,<t. ...d pod",,,, U~.
12. D~crihc a:pecimce:s. $ki1U or knowledge whiCh qw.Jifr you to =.eve ~'l rhis boa.rd: (pleuc :unch a bUd'resume)
I h~~ _"'. . t ~ ~e a~ve ( tc:maJ.~ .are tcu.~ ;IDd. I sgrtt a.o.d tl.D~tUl.d W(.,.r .wis~~temeat of nlll~ f1eb:
-"""'" ...."'pliaaoo.=y COUoc "'''''''= upon aq p"" of ""y .ppu~~ ~
~ '~Mof
SIGNA D..I! .
appUcation "IJ1il1 ~ oafi1c in th.e Cicy Oc:ck"s Office for a peaod of 2 y~ fi:mc the &tc it~
hmil!l:ed. It oariIl be the appli=e~ responsibility to cO.suic. th~ a CUIXe1lt :lpplkolllion is ou file. .
=a.JlU:l.iI.o..........l'I'UCJaJON
MEMORANDUM
FROM:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGER ~
AGENDA ITEM # q \\ - REGULAR MEETING OF JANUARY 3. 2006
APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT
SYSTEM BOARD OF TRUSTEES
TO:
SUBJECT:
DATE:
December 30, 2005
Mr. Kenneth Rubin, regular member of the Police and Firefighters Retirement System Board of
Trustees, resigned effective December 2,2005. This creates a vacancy for a regular member to serve
an unexpired term endingJune 30, 2006.
In accordance with Section 33.65 (A) (2) of the City Code, the City Commission appoints two public
members of the Board of Trustees. All members must be either a resident of, own property, own a
business or be an officer, director or manager of a business located within the City of Dekay Beach.
All appointees must take an oath of office.
The following individuals have submitted applications and would like to be considered for
appointment
Gerald Franciosa
(also applying for the Code Enforcement Board, Public
. Employees Relations Committee and the Nuisance
Abatement Board)
(currendy on the Code Enforcement Board)
Glenn Schuster
Alexander Simon
A check to confirm that all are registered voters was completed. All are registered. A check for
code violations and/or municipal liens was conducted. None were found.
Based on the rotation system, the appointment will be made by Mayor Perlman (Seat #5) for a
regular member to serve an unexpired term endingJune 30, 2006.
Recommend appointment of one (1) regular member to the Police and Firefighters Retirement
System Board of Trustees for an unexpired term ending June 30, 2006.
POLICE & FIRE FIGHTERS RETIREMENT SYSTEM
BOARD OF TRUSTEES
(No Term Limits)
11/05
TERM EXPIRES REGULAR MEMBERS APPT BY TELEPHONE
Indefinite William Adams, Chair Fire Chief Office: 243-7420
To replace Richard Murphy Assistant Fire Chief
effective 04/23/02 Fire Department
Indefinite Captain Mark Davis, Vice Chair Police Chief Office: 273-7872
Police Department
04/22/2007 Melvin Sacharow City Office: 243-2857
Appt 05/17/05 2560 Riviera Drive Commissioners Cell: 445-6863
Delray Beach, FL 33445 (2 yr term)
04/22/2007 Sergeant Brady Myers Police Dept Office: 662-8997
Appt 04/22/05 Police Department
06/30/2006 Vacant City Office:
Unexptenn Commissioners Home:
(2 yr term)
04/22/2006 Officer Charles M. Jeroloman Police Dept Office: 243-7800
Reappt 04/04 Police Department
04/22/2007 Lt. Joe Ligouri Fire Dept
Appt 04/99 Fire Department
Reappt04/01
Reappt04/03
ReaDot04/05
04/22/2006 Lt. James Tabeek Fire Dept Office: 243-7426
Unexp Appt 10/05 Fire Department
Mayor Perlman (Mayor is sitting
member)
Contact:. Anne Woods 266-0512
(fax) 265-0616
S/City Clerk/Board O4/Police & Fire Board of Trustees
Page 1 of 1
Cobb, Venice
From: Cobra5pto@aol.com
Sent: Friday, December 02,200510:45 AM
To: Cobb, Venice
Cc: Perlman, Jeff (personal email)
Subject: Re: From Ken Rubin
To: Venice Cobb
City of Delray Beach
100 NW 1 Ave
Delray Beach, FL 33444
December 1, 2005
Dear Venice:
I hereby resign from the Board of Trustees of the City of Delray Beach Police and Fire Pension Fund. Due to
potential liability and conflicts of interest with the recent public disclosures pertaining to the fund in conjunction
with Federal and State Securities and Insurance Licenses I hold, I am unable to remain in this position.
I hope to be able to serve on the future on other city boards that do not have exposure to my personal conflicts
of interest.
Sincerely,
Kenneth S Rubin
695 Enfield Ct
Delray Beach, FL
561-350-5991
cc: Jeff Perlman
12/2/2005
2.
Hug. 134 200:;e;~!i!I
<t/lf/1
CITY OF DELRAY BEACH E,CE.\'JE.O
BOARD MEMBER APPLICATIO~. b It\t\'i .
~UG - '/...
v C\..E~ .
crt' 1 .
FA:": tlO. : 56126613746
U n: C LI:lili
FROI'! : GER-SHlI "i\.J .. II i ~ 4" :,l", '/ 4
U~JV~c~~ lti~ IJ:a3, v
Ofl..JU.Y D~ACH
~
, ~Wi1
a lilt
1993
2001
1.
City
3. L:g:d Ra:sidcc..ce.;
CiLy
4.
City
St::a.te
~Co&
I.
7.
.Business )>b.one:
;- ~olUe Phone: ,
f. bl J/(,t 06oY'
6_ ALe you ll.. J:;~te.red V'Ol:eti'
/ frJV- V Ir7 rn ; c..f
8. List aU City Boar& 00 whk:h YOlJ ue CW:renCy s~g O~ !lIl.VC pl:cviously 3~ed: ~ .indwk ~~) ;VOW
( Ed~C2.~ <J:u'lliik..Ii<.'n$; 13
10. List lI.D:Y .r:dated pJ:ofu:usiowU cett:ifica.tioas 2.1l<;i licctI$CIS which. you hold
"i"i:(;.Ne 1Ow: present, or m.Qi$t tecent caiployer. tnd posicion:
12.. Di:sCtibc: aped.eDCe$. skills 01: knowiedge whi& qualifY you to serve 0-'1 this ba;u:d: (1"ie;ue 2tnch :& hci.:f I:C:Sumc)
~~.;
. apptics.tion will r~ln1in on file in ~ Cu.y OdX"s Office for a peelod of 2 ~ from the .:btc it ~
bmitted. It: will be th<:o applic.mes .r:espo.tWbtlity (0 Cosuic.t:h.:u a cw::rent :tpp~CSUi.on Is on file. ,
~~~C.O.nOt.I
,(
Ut:UU\T IS~L"
."0.'..
*****
Pre' ahm!(z~1_
. S.f?~ tll tX-,I...:;v-
CITY OF DELRAY BEACH J-,;:lL/-lJ~
BOARD MEMBER APPLICATIBNCEIVED
MAR ? 4 2005
CIT\{ CLERK
mr
1993
2001
Please riot the foUo' infonnation:
1. Last Name: 5 \ +
ct')u5 e.r
2. Home Address:
'15~5 A NW
3. Legal Residence:
'3<'"cl
s \- ( ee... \-
Name G\ e.n t"k
City
o e.\ (' ~ ... B ~o...c;.. ""
City
State
fL
State
ML
(1)
Zip Code
~ ~"\'\
Zip Code
4. Principal Business Address:
City
State
Zip Code
5. Home.Phone:
Business Phone:
E-Mail Address:
Cell Phone:
Fax:
5b\- . h\-'OE,-0553
6. A&jou a registered vote\{ ~ 5 If sOn:,;: are Y&~\fteCd{ 0 b
7. Vi!ut Board(s) are you interested in ~ervingC P~e list in order of preference:
* Po\,ce.. ..r F'fG. Boacd.. o-lr 7 t'us+ee. ,'. -r k",ow clJ Co..n a....\ se~ve.-.
o V') oV"\~ Bo~~J.. o..-\- (L +\~e.. ~V\J... ho...-J~ e.,xpene.r\ce Wl~\" QoJo<~)~(so""""\ -?
8. List all City Boards on which you are currendy serving or have previously sfCVfid: (please include dates) . '
Co e- €V'1-to~c.e....,e......+ \3oo...~d L.\ O~ 5-\\\' 0,,", c.c<l.e.... ~oo..~o..
9. Educational qualifications: .W C ",^e.p~o...vY"\ \"h~'c; ~c;..~oo \ ) JO"'Y"I I ~L c? H e~ e... <? C~\M"""t1~\
Ne.c,J"{o{" L\\ \(' A~J:e."" t-J,,-s~c:..\JCoonf Ju~.hc~ \-\('c- Se..~'.I\e(J Poc.a...d.e.'l"I
~od..(.d'~ -:I:-s.\c..",o.l 6~o..,)( t-..)'( e.-\-""{\~~e. t-.! "
.:!:" c~\\ ,+ LoP\(,J \0\ 'obse.<"e( 0< <0 V"lon+'nS ~~fore.. o...'O~wo,)ld. i~e.l"\ ---;)-
i 11. Give yow: prese~t, or most, recent employer, and position: ::t: h a.ve re.+~fe..cl. o-s Q", L '~j,)-teno.."",,:\-
frOM the. C,-\- F,re, 'De. o..(~""c..""+ on 3/"i Se.e. ~-\\o...G-"'''''''''- +0 d.C;..\~l'lU!..cl.<:...\,
0..150 hfA.\Je.",.L. 5 Dlsc;...'ol ;+ . . ~"'-\- Y"l~Y\' ~o",lh~ I ~ t co.....\.. a-t +\..~ --J
.12 Describe exeeriences, skills or kno~edge which .qualify.you to serve on this hoard: (please attach a brief resume)
-r-: So eon;- :5 ..... e.a.:~ ~ \ '" C ~ \ r'\ ~ \ -n 0....\ -:€.: ~,..., {' \: -\- \, ~ cove \-s w <- (" e. C;l<:.. \<; ~
(.oo.r-
-tD i> Ufsi-,;''j. T ~ <<... bUfs+- of- -JJ,e, 5... s.h.W\ ,<-J.. +0 CI. .....c,.,.) uJQ... 0 ("&....o\le.
~,;e. 5./reS's /'OM Ct"'O"U?M;"'/ COv (-I- OJ, cA.~}::"'i.._f <e. ,"'" i e t\.ie. I. ~olo.) ~
I hereby certify that all the above statements are true, and I agree and understand thai: any misstatement of material facts
contained in this application may cause forfeiture upon my part of any appointment I may receive.
~ /Y) ~ 3.-2:5-05
~GNAIDRE DATE
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S\ClTYa.ERK\BOARDIAPPUCAUON
1. 4 . tc< +we""~1 lea.fS
l 0 ~ WOf' ~ W'l.\ '" +"'~ ~ G~ '1~~'K c. \'1 c.O h S u \ \ V'\ bo ~'" c-(".. V"'\-.....\ '" Q.\. COU(~
c.~ cl .H, ~ f 0')" \ (0 t'I""~ ~~J Co "'- \ (0 \ Ooo,<"d..
\ 2 -1 Co"'+(O \ f>oo.(J..
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-t"'~ 5oG,(C1. 0+ F\<e. ~c,~.\ \Y\~~ C\\,},'\1a.."l. o..",cl ~'C'~ ot{,u-cs1 tJ\y
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Glenn M Schuster
4585 AN. W. 3rd Street Delray Beach, Florida 33445
(561-499-0561)
Summary of Qualifications:
Dedicated professional with twenty years experience.
Through knowledge ofNFPA. New York City and building codes, labor-laws and health codes.
Former EMf FDNY, recently I have taken the Florida Fire Inspector and EMT courses.
Through knowledge of fire suppression and detection ststems of all types. .
Excellent reputation among superiors, city officaLs, builders, arohitects, contrators and attorneys.
Sharp and creative in problem solving and needs assessment.
EMPLOYMENT mSTORY
3/93-4/94
Econocaribe Consolidators Inc. Miami. Florida
Assistant Manager
Assistant in managing one hundred f1fty thousand feet of US Customs bonded space. SupelYised warehouse
empolyees, taught safety and security principles to staff. Maintained accurate inventory and shrinkage control.
11191-11192
New York City Fire Department, New Y ork.New York Rank Inspector
Preformed work in the conduct of inspections to detect violations of laws, rules and regulation which are intended
to reduce or elim inate.fire and explosive hazzards or assist in extinguishing fire. Preform related work. conduct
inspection and investigation, research national and New York City fires as well as health codes and labor law. Issue
summons and violation orders when necessary.
3/87-6/90
New York City Fire Department New Y ~ New Y 0Ik. Rank Court Representative
Evaluate building owners compliance with the New York Fire Prevention, NFP A; prosecte owners for violation,
conduct interviewlI and investigations~ research
applioable codes to prepare case. Recommend penalities and suggest tim e for compliance.
3/85-3/87
New York City Fire Deparbnent, New York. New York Rank Lieutenant
Developed and implemented procedures to track down builders that were in violation of The New York City Fire
Law HanbookSupervised and trained Enforcement Agents; served notices; conducted title searches and
investigations maintain accurate service reoords~ advise management of areas requiring futher analysis.
".
Education
WC Mepham High School
Bellmore. NY 11710
High School Diplomia 1980
"'
John Jay College ofCrimminal Justice
889 10th Avenuc .
Major Fire Science 1980-1986
New York City Fire Department
Randa11s Island
Bronx NY.
Fire fighting. Fire Inspection, Officers School
Nassau County Fire Service Academy
Bethpage, NY
Fire Fighting Advance Truok Advanced Engine operations EMf
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MEMORANDUM
FROM:
MAYOR AND CIlY COMMISSIONERS
CITY MANAGERtf7'1
AGENDA ITEM # \0 i,A.. - REGULAR MEETING OF JANUARY 3.2006
ORDINANCE NO. 83-05 (REZONING - FORMERLY THE RALPH
BUICK DEALERSHIP)
TO:
SUBJECT:
DATE:
DECEMBER 30, 2005
lbis Ordinance is before Commission for second reading and quasijudicial hearing for a privately
initiated rezoning from AC (Automotive Commercial) to GC (General Commercial) for a 6.28 acre
parcel, located on the east side of Federal Highway and the west side of Florida Boulevard (formerly
the Ralph Buick Dealership).
The property contains three (3) unoccupied buildings. The change in zoning is to accommodate a
mixed-use development containing 15,000 sq. ft. of retail space and 12,000 sq. ft. of office space
combined with 75 residential townhomes bordering Florida Boulevard. Under the proposed GC
zoning, the residential component of the proposed development will require conditional use
approval which is to be submitted if the rezoning is approved.
On November 21, 2005, the Planning and Zoning Board held a public hearing in conjunction with
the request. There were three people from the public who spoke; two in support of the rezoning
and another person supported the rezoning but, desired further explanation of what the future
mixed-use development would include. After reviewing the staff report and discussing the proposal,
the Board voted 7-0 to recommend to the City Commission that the rezoning request be approved.
Staff recommends approval by adopting the findings of fact and law contained in the staff report;
finding that the request is consistent with the Comprehensive Plan; and finding that the request
meets the criteria set forth in the Land Development Regulations (LDR) Section 3.1.1 (Required
Findings), Section 3.2.2 (Standards for Rezoning Actions), and Section 2.4.5(D)(5) (Rezoning
Findings).
At the first reading on December 13, 2005, the City Commission passed Ordinance No. 83-05.
Recommend approval of Ordinance No. 83-05 on second and final reading.
S:\City Clerk\agenda memos\Ord 83-05 Buick Dealership Rezoning 010306
{2Ire> dL
TO:
THRU:
FROM:
SUBJECT:
DAt;.. HA EN CITY MANAGER
W '
PAU DORLlNG, DI TOR o;zPLt~~G AND ZONING
DERRICK L. COOK, PLANNE~
MEETING OF DECEMBER 13, 2005
CONSIDERATION OF A PRIVATELY SPONSORED REZONING FROM
AC (AUTOMOTIVE COMMERCIAL) TO GC (GENERAL COMMERCIAL)
FOR A 6.28 ACRE PARCEL LOCATED ON THE EAST SIDE OF
FEDERAL HIGHWAY AND THE WEST SIDE OF FLORIDA
BOULEVARD FORMERLY THE RALPH BUICK DEALERSHIP.
The property is the former location of Ralph Buick containing three (3) unoccupied buildings.
The proposal is to change the zoning designation of the property from AC (Automotive
Commercial) to GC (General Commercial). This change in zoning is to accommodate a mixed
use development containing commercial (15,000 S.F. retail and 12,000 S.F. office) combined
with 75 residential townhomes bordering Florida Boulevard. Under the proposed GC zoning, the
residential component of the proposed development will require conditional use approval which
is to be submitted if the rezoning is approved.
At its meeting of November 21, 2005, the Planning and Zoning Board held a public hearing in
conjunction with the GC rezoning request. There were two people from the public that spoke in
support of the rezoning and another person supported the rezoning but desired further
explanation of what the future mixed use development would include. After reviewing the staff
report and discussing the proposal, the Board voted unanimously to recommend approval of the
rezoning request to the City Commission, by adopting the findings of fact and law contained in
the staff report, and a finding that the request is consistent with the Comprehensive Plan, and
meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(0)(5) of the Land Development
Regulations.
Approve on first reading the rezoning from AC to GC, by adopting the findings of fact and law
contained in the staff report, and a finding that the request is consistent with the Comprehensive
Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(0)(5) of the Land
Development Regulations, with second reading to occur on January 3,2006.
Attachments: Proposed Ordinance & Planning and Zoning Board Staff Report of November 21, 2005
\~E
ORDINANCE NO. 83-05
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTI.Y ZONED AUTOMOTIVE
COMMERCIAL (AC) DISTRICT TO GENERAL
COMMERCIAL (GC) DISTRICT; SAID LAND BEING A
PARCEL LOCATED AT THE NORTHEAST CORNER OF
SOUTH FEDERAL HIGHWAY (U.S. HIGHWAY NO.1) AND
FLADELL'S WAY (AVENUE "F"), AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRA Y BEACH, FLORIDA, APRIL
2005"; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Dekay Beach, Florida, dated April 2005, as being zoned General Commercial (GC) District;
and
WHEREAS, at its meeting of November 21, 2005, the Planning and Zoning Board for the
City of Dekay Beach, as Local Planning Agency, considered this item at a public hearing and voted
7 to 0 to recommend that the property hereinafter described be rezoned, based upon positive
findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
furthers the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Dekay Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Dekay Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Dekay Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOllOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the Zoning District Map of the City of Dekay Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of General Commercial (GC) District for
the following described property:
Lots 12 through 22, inclusive, less the West 38 feet thereof, Block 22; Lots 23 through 33,
inclusive, Block 22; all of Block 23, less the West 38 feet thereof; Lots 1 through 10
inclusive, and Lots 57 through 66, inclusive, Block 35; and Lots 12 through 33, inclusive,
Block 36, all lying in Del-Raton Park, according to the plat thereof as recorded in Plat Book
14, Page 9, Public Records of Palm Beach County, Florida.
That portion of Frederick Boulevard lying adjacent to and East of the East line of Lots 11
through 20, Block 23, and Lots 23 through 33, Block 22, and adjacent to and west of the
west line of Lots 1 through 10, Block 35, and Lots 12 through 22, Block 36, of "Del-Raton
Park", according to the Plat thereof as recorded in Plat Book 14, Page 9, Public Records of
Palm Beach County, Florida.
That part of the right-of-way of Avenue "E", according to the Plat of "Del-Raton Park"
recorded in Plat Book 14, Page 9, Public Records of Palm Beach County, Florida, said part
being bounded as follows: On the west by the present easterly right-of-way of US Highway
No.1; on the East by the westerly right-of-way line of Florida Boulevard; as shown on said
plat; on the North by Blocks 22 and 36 of said plat by a portion of the abandoned right-of-
way of Frederick Boulevard; on the south by Blocks 23 and 35 of said plat and by a portion
of the abandoned right-of-way of Frederick Boulevard.
Section 3. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Dekay 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.
2
ORD NO. 83-05
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 200_.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
3
ORD NO. 83-05
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
MEETING DATE:
AGENDA ITEM:
ITEM:
November 21, 2005
III.H.
---STAFF REPORT---
Rezoning from AC (Automotive Commercial) to GC (General Commercial) for a
6.28 acre Parcel of Land Located on the northeast corner of South Federal
Highway and FladeU's Way, formerly Ralph Buick Dealership.
GENERAL DATA:
Owner.... ................................. Zoberman, LLC
Agent...................................... Weiner & Aronson, P.A.
Applicant................................. New Century Companies, LLC
Location.................................. Northeast corner of South Federal
Highway and Fladell's Way
Property Size.......................... 6.28 Acres
Land Use Map Designation.... Automotive Commercial
Existing City Zoning................ AC (Automotive Commercial)
Proposed City Zoning............. GC (General Commercial)
Adjacent Zoning............North: PC (Planned Commercial)
East: RM (Medium Density Residential)
South: SAD (Special Activities District)
West: AC (Automotive Commercial)
Existing Land Use.................. Vacant buildings
Proposed Land Use................ Rezoning of the parcel from AC to
GC
Water Service......................... Available via connection to an
existing 16" and 10" water main
within Florida Boulevard.
Sewer Service........................ Available via connection to an
existing 8" sewer main within
Florida Boulevard.
BOULEVARD
LINTON
ROYAl
PALM
MORTGAGE
NA TlONS
BANK
UN TON
CEN Tf:R
BURGER ,.
KING
DELRAY
LINCOLN
MERCUR Y
r
'"
z
0(
DELRA Y
TOYOTA
litH.
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 LOR Section 2.4.5(0).
The subject property is located on the east side of Federal Highway and the west side of Florida
Boulevard at 1020 South Federal Highway and measures 6.28 acres.
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.
The subject property is located on the east side of Federal Highway and the west side of Florida
Boulevard across from the intersection of Florida Boulevard and Dogwood Drive. The property
is the former location of Ralph Buick, and measures 6.28 acres with 3 existing buildings. The
buildings are not occupied.
The proposal is to change the zoning designation of the property from AC (Automotive
Commercial) to GC (General Commercial). The rezoning would allow the construction of a
mixed-use development.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development
applications, certain findings must be made in a form which is part of the official record.
This may be achieved through information on the application, the staff report, or
minutes. Findings shall be made by the body which has the authority to approve or deny
the development application. These findings relate to the Future land Use Map,
Concurrency, Comprehensive Plan Consistency and Compliance with the land
Development Regulations.
FUTURE lAND USE MAP: 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 (General
Commercial) is consistent with the GC Future Land Use Map designation, as the GC
designation is identical to the FLUM designation and would allow for mixed-use development.
Based upon the above, positive findings can be made with respect to Future Land Use Map
Consistency.
Concurrency: Concurrency as defined pursuant to Objective B-2 of the Future land Use
Element of the Comprehensive Plan must be met and a determination made that the
litH.
P & Z Staff Report - November 21,2005
Ralph Buick - Rezoning from AC to GC
Page 2
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 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.
The proposal involves amending the zoning designation from AC to GC. The property is
approximately 6.28 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 16" along Federal
Highway and a 10" water main along Florida Boulevard, and an 8" sewer main are available
along Florida Boulevard. Based upon the above, positive findings can be made with respect to
this level of service standard.
Drainaae: With a rezoning request drainage plans are not required. 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 is collected to offset any impacts that the
project may have on the City's recreational facilities. Pursuant to lOR Section 5.3.2, a park
impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for
each unit for parks and recreation purposes.
Solid Waste: The former use as an automotive dealership produced 440.4 tons of solid waste.
The allowed 75 dwelling units will generate a total of 39.0 tons of solid waste per year (75 units
x 0.52 tons = 18.2 tons). The allowed retail area will produce 79.05 tons of solid waste per year
(15,500 S.F. x 10.2 = 185,100 Ibs.l2000). The proposed office area will generate 32.4 tons of
solid waste per year (12,000 S.F. x 5.4 = 641,800 Ibs /2000). The combined production of solid
waste is 150.45 tons, which is less waste produced by the former use at the property. The Solid
Waste Authority has indicated that its facilities have sufficient capacity to handle all
development proposals until the year 2021, thus a positive finding with respect to this level of
service standard can be made.
Schools: The Palm Beach County School District must approve the development proposal for
compliance with the adopted level of Service for School Concurrency. Verification from the
Palm Beach County School District is pending.
Traffic: The applicant needs to provide a site specific traffic study. Based on the average daily
trip volume, Federal Highway could exceed level of Service "D." The applicant needs to also
provide a traffic impact analysis for Linton Boulevard and S.E. 10th Street intersections.
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.
litH.
P & Z Staff Report - November 21, 2005
Ralph Buick - Rezoning from AC to GC
Page 3
Section 3.2.2 (Standards for Rezonina Actions): Standards A and B are not applicable.
The applicable performance standards of Section 3.2.2 are as follows:
(C) Zoning changes that would result in strip commercial development shall be
avoided. Where strip commercial zoning 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.
(0) 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:
Zonina Desianation:
Use:
South:
Planned Commercial (PC) and Medium
Density Residential (RM)
Special Activities District (SAD) and Medium
Density Residential (RM)
Medium Density Residential (RM)
Automotive Commercial (AC)
Shopping Plaza and Residential
North:
East:
West:
Commercial and Single and Multi-
Family Developments
Multi-Family Developments
Automobile Dealerships
The proposal will rezone 6.28 acres from AC to GC. Since the FLUM designation for the
proposed rezoning property and the surrounding areas to the west, north, and south is GC,
there are no compatibility issues. GC district allows for mixed-use development, which the
applicant desires to develop at the site encompassing commercial (retail and office) combined
with residential. The GC district also conditionally allows free standing multiple family housing
related to the RM standards excluding setback and height requirements. The applicant intends
to seek a conditional use approval to allow free standing multiple family housing at the site,
which would directly coincide with the existing multiple family developments to the east and
southeast of the parcel. The application of the mixed-use development would complement the
existing uses that surround the property that consist of commercial and primarily multiple family
developments. Based upon the above, positive findings with regard to LOR Section 3.2.2(0)
could be made.
Section 2.4.5(0)(5) (Rezonina Findinas):
Pursuant to Section 2.4.5(0)(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;
litH.
P & Z Staff Report - November 21, 2005
Ralph Buick - Rezoning from AC to GC
Page 4
c. That the requested zoning is of similar intensity as allowed under the Future Land
Use Map and th~t it is more appropriate for the property based upon
circumstances particular to the site andlor neighborhood.
The applicant has submitted a justification statement, which states the following:
"Reasons Band C both apply and are valid reasons for approviag a change in the
zoning...Policy A 2.4 of the Future Land Use Element of the Comprehensive Plan indicates that
automotive uses are significant land uses within the City and as such have presented unique
concerns. This rezoning provides the City an opportunity to address and eliminate this unique
concern for this parcel of property. Additionally, the property to the north is a... well maintained
shopping plaza which would be more appropriately served by being a neighbor to a similar type
of development as opposed to a neighboring an automotive dealership.
Object A-1 of the Future land Use Elements of the Comprehensive Plans states that property
shall be redeveloped in a manner so that the use and intensity is appropriate and
complimentary to adjacent land uses and fulfill remaining land use needs. Clearly, a GC zoning
designation would be more complimentary to this shopping plaza and to the residential
properties to the east. Additionally, a GC zoning designation would assist the City in fulfilling the
remaining land use needs of the City of Delray Beach by eliminating an automotive use and
replacing it with a mixed-use project. Furthermore, Objective A-2 of the Future Land Use
Element is to reduce and eventually eliminate uses which are inconsistent with the character of
the City of Delray Beach. This rezoning provides an opportunity to eliminate an automotive use
and replace it with a mixed-use development which will be a great benefit to the entire area.
Additionally, the requested zoning of GC is of similar intensity as allowed under the Future Land
Use Map. In fact, the Future Land Use Map designation is GC consistent with the GC zoning
district. A GC zoning designation is more appropriate for the property based upon the
circumstances particular to the site and/or neighborhood. As stated above, the property to the
east more complementary to this residential type of zoning. In fact, pursuant to the GC zoning
district, free standing multiple family housing subject to the requirements of the RM district
(except for setback and height requirements) are a conditional use. Since the intent of the
rezoning is to develop such free standing multiple family housing to be developed subject to the
requirement of the RM district such rezoning is thus complimentary to the. surrounding
residential and commercial properties. Therefore, a GC zoning designation is clearly more
appropriate for the property based upon the circumstances particular to the site and
neighborhood.. . "
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.
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 Obiective A-1: Property shall be developed or redeveloped in a
manner so that the future use and intensity is appropriate in terms of soil, topographic
and other applicable physical considerations; is complimentary to adjacent land uses;
and fulfills remaining land use needs.
III.H.
P & Z Staff Report - November 21, 2005
Ralph Buick - Rezoning from AC to GC
Page 5
Future land Use Element Obiective A-1: Property shall be developed or redeveloped in a
manner so that the future use and intensity is appropriate and complies in terms of soil,
topographic, and other applicable physical considerations, is complimentary to adjacent
land uses, and fulfills remaining land use needs.
The proposed GC zoning will be complimentary with the current uses surrounding the property
which consist of commercial and primarily multiple family developments. The applicant
development initiative is to introduce a mixed-use project providing commercial and diverse
residential units.
In terms of fulfilling remaining land use needs, the Housing Element of the Comprehensive Plan
states the following:
"One of the most important objectives of the City's overall housing policy ;s the
establishment of housing in the downtown area; In the years since adoption of the 1989
Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally
oriented shopping district to a vibrant year-round retail, service, and entertainment area
with an active nightlife. A critical missing element is a significant housing development.
The City recognizes the importance of providing housing in close proximity to shopping,
employment, and transportation, and the need to have a residential base to support the
businesses in the downtown area".
The proposed GC zoning of the subject property will help to fulfill this stated land use need by
allowing residential dwelling units in the along federal highway in close proximity to shopping
and place of work, and is therefore consistent with this policy.
Housina Element Obiective 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:
Houslna 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 age, especially families with children, and
shall be required to provide 3 and 4 bedrooms units and activity areas for children
ranging from toddlers to teens.
The proposed GC zoning of the subject property is consistent with Housing Element Policy B-
2.2 as it will allow for a mixed-use development providing a variety of residential units.
Housina 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.
litH.
P & Z Staff Report - November 21, 2005
Ralph Buick - Rezoning from AC to GC
Page 6
As presented previously, the GC designation is consistent with the FLUM designation of GC,
which allows mixed-use dev~lopments. The proposed rezoning will allow for the establishment
of a mixed-use development that is compatible with the surrounding commercial and residential
uses. The traffic volume introduced with the potential mixed-use development would coincide
with current traffic volume of the area generate by the commercial and residential aspects of the
area. The property is also located within an area of the City that consists of the traditional
roadway grid network. This network is conducive to traffic distribution, wherein, several diverse
options are available in the navigation of the area. Given the diffusion of vehicle trips, it is
unlikely that adjacent neighborhoods will be negatively impacted by the additional traffic.
In terms of safety, the overall development scheme includes the introduction of new mixed-use
development containing commercial and multiple-family dwellings along Federal Highway that
will likely improve the safety of the area as well as its long term stability. It will introduce further
night time activity and more "eyes" to observe what is happening in the area, which should be a
deterrent to criminal activity. These factors should serve to further stabilize the commercial
aspects of the area and act as a genesis for commercial investment- Based upon the above, a
positive finding can be made with respect to Housing Element Policy A-12.3, that the rezoning
will not have a negative impact on the surrounding area with regard to noise, odors, dust, traffic
volumes, and circulation patterns.
Recreation Facility Element Obiective A-3: The provision of recreation facilities and
programs for the future well-being of this community is a joint responsibility of both
public and private sectors. That partnership shall be continued by each body taking an
appropriate role as expressed in following policies. Policies, which will implement this
objective include:
Recreation Facilities Policy A-3.1: Tots lots and recreational areas, serving children from
toddlers to teens, shall be a feature of all new housing developments as part of design to
accommodate households having a range of ages. This requirement may be waived or
modified for residential developments located in the downtown area, and for infill
projects having fewer than 25 units.
The applicant has proposed rezoning the property to GC to establish a mixed-use development
containing free standing multiple family development containing 75 units. The applicant will
provide recreational amenities to serve the residential component of the development proposal.
Based on the above, a positive finding can be made with respect to Recreation Facility Element
Policy A-3.1.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Items identified in the land Development Regulations shall specifically be addressed by
the body taking final action on the development proposal.
The applicant has indicated in the rezoning process intend to propose free standing multiple
family housing in the project proposal stage for the site. As noted, free standing multiple family
housing in the GC district is a conditional use. The applicant would need to submit a conditional
use application for development as part of the project proposal. The review for compliance with
the City's Land Development Regulations will be addressed with the conditional use application
and the subsequent site plan application.
litH.
P & Z Staff Report - November 21, 2005
Ralph Buick - 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. Letters of support or objection, if any, will be presented at the Planning and Zoning
Board meeting. -
The proposed rezoning from AC to GC is consistent with the goals, objectives and/or policies of
the City's Comprehensive Plan, LOR Sections 2.4.5(0)(5), 3.1.1 and 3.2.2(0). Positive findings
can be made with respect to Concurrency and Compatibility with the surrounding land uses
As discussed previously with regard to LOR Sections 2.4.5(0)(5) and 3.2.2 (C) and (D), the
proposed rezoning of the subject property to GC is appropriate. The subject property is located
within an area containing mixed-use of commercial and residential. The proposed rezoning
would coincide with the current development area and it will also be consistent with the
Comprehensive Plan and FLUM designation of GC. Based upon the above, a recommendation
of approval should be made to the City Commission for the proposed rezoning.
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the privately initiated
rezoning from AC to GC for the subject property, 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(0)(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 the subject property, by adopting the findings of fact and law
contained in the staff report, and finding that the request is inconsistent with the
Comprehensive Plan and does not meet the criteria set forth in Sections 2.4.5(0)(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 the subject property, 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(0)(5), 3.1.1 and 3.2.2 of the Land Development
Regulations.
Attachments: LocationlZoning Map
Report prepared by: Derrick L. Cook, Planner
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REZONING FOR RALPH BUICK DEALERSHIP
FROM AC ( AUTOMOTIVE COMMERCIAL TO GC ( GENERAL COMMERCIAL)
-- DIGITAL BASE MAP SYSTEM --
I.4AP REF: L1AB85
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PlrtDER TROUTHflrt COrtSULTlrtG.lrtc.
Transportation Planners and Engineers
2324 South Congress Avenue, Suite 1 H
West Palm Beach, FL 33406
(561) 434-1644 Fax 434-1663
www.pindertroutman.com
November 1,2005
Ms. Ashlee Vargo
Weiner & Aronson, PA
102 N. Swinton Avenue
Delray Beach, FL 33444
Re: Ralph Buick Rezoning - #PTC05-183
Dear Ms. Vargo:
The purpose of this letter is to provide a traffic statement for the proposed rezoning of the above
referenced project. It is proposed to rezone the property from Automotive Commercial to General
Commercial. The 6.28 acre site is located on Federal Highway in the City of Delray Beach
A comparison of potential maximum intensity trip generation for the site at the existing and proposed
zoning is provided on Exhibit 1. Additionally, a comparison with the proposed developme~
provided. As shown on this Exhibit, t~ 4, .....11 . I ~ T' -. -
'L_j-,- _r'-.1b._.fJi4lil.,Ii(L. J_ ".~~..,~~~.,q,t+-1J1 If_, ~')lInll'..U""",A.....U!f
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If you have any questions, please do not hesitate to contact this office.
AMT/ldr
Attachments
cc: Robert Mathias
West Palm Beach (561) 434-1644 · Stuart (772) 463-0277 \\. ~ \D~ lDi
letter Vargo 05-183 11-1-05 ~ ~~ _ ~ -J \D. ~
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MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER rJr1
AGENDA ITEM # , a B - REGULAR MEETING OF JANUARY 3.2006
ORDINANCE NO. 80-05 (REZONING - CODA FKA LIGHTHOUSE PROPERTY)
SUBJECT:
DATE:
DECEMBER 30, 2005
1bis Ordinance is before Commission for second reading and quasijudicial hearing for a privately initiated
rezoning from RO (Residential Office) to RM (M:edium Density Residential) for a 0.21 acre portion of the
Coda (fka Lighthouse) property, located south of S.W. 1st Street, between S.W. 1st Avenue and S.W. 2nd
Avenue.
The rezoning is part of a larger development proposal which is zoned both RM and RO and includes Lots 11
and 26, and the south 8 feet of Lots 1 through 10, inclusive, Heisley Estates Subdivision of the North % of
Block 54.
The subject property constitutes the southern 0.21 acres of the RO-zoned (northern) portion of the property.
A fonner halfway house known as The Lighthouse occupied the overall site and has recently been
demolished. The subject property, along with the balance of the site, will be part of a mixed-use development
which will contain 36 townhouse units on the area currently zoned RM; 2 mixed-use buildings, each
containing approximately 10,000 sq. ft. of office space; and 2 residential loft units, each on the area currently
zoned RO.
At its meeting of September 21, 2005, the Commission approved a Small-Scale Future Land Use Map
amendment from MD (M:edium Density Residential 5-12 du/ac) to TRN (Transitional) and rezoning from
RM to RO for the north 0.86 acres of The Lighthouse property. These applications were submitted to
accommodate the office component of the proposed mixed-use development.
After the submittal of the site development plan, the applicant discovered that the appropriate amount of
land zoned RM at the site was not available to meet the proposed density requirements. The proposed
rezoning of the 0.21 acres from RO to RM will allow the proposed development to be constructed at the
desired unit count.
On November 21, 2005, the Planning and Zoning Board held a public hearing in conjunction with the
request. There was no public testimony. After reviewing the staff report and discussing the proposal, the
Board voted 7-0 to recommend to the City Commission that the rezoning request be approved. Recommend
approval by adopting the findings of fact and law contained in the staff report, finding that the request is
consistent with the Comprehensive Plan, Southwest Area Neighborhood Redevelopment Plan, and meets the
criteria set forth in the Land Development Regulations (LDR) Section 3.1.1 (Required Findings), Section 3.2.2
(Standards for Rezoning Actions), and Section 2.4.5(0)(5) (Rezoning Findings), subject to the condition of
verification from the Palm Beach County School District that the proposed rezoning will comply with the
adopted level of service for school concurrency.
At the first reading on December 13, 2005, the City Commission passed Ordinance No. 80-05.
Recommend approval of Ordinance No. 80-05 on second and final reading.
S:\City Clerk\agenda memos\Ord 80-05 Coda RezoningOt0306
TO:
THRU:
FROM:
SUBJECT:
DAVIP T~ARDEN
PAUl~~, 01
ECANNR~LANN~~NING
DERRICK L. COOK, P \..~
MEETING OF DECEMBER 13, 2005
CONSIDERATION OF A PRIVATELY SPONSORED REZONING FROM
RO (RESIDENTIAL OFFICE) TO RM (MEDIUM DENSITY
RESIDENTIAL) FOR A 0.21 ACRE PORTION OF THE CODA (FKA
LIGHTHOUSE) PROPERTY, lOCATED SOUTH OF SW 1ST STREET,
BETWEEN SW 1ST AVENUE AND SW 2ND AVENUE.
The rezoning is part of a larger development proposal which is zoned both RM and RO and
includes Lots 11 and 26, and the south 8 feet of Lots 1 through 10, inclusive, Heisley Estates
Subdivision, being a Subdivision of the North one-half (NY2) of Block 54, 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 13, Page 48.
The subject property constitutes the southern 0.21 acres of the RO-zoned (northern) portion of
the property. A former halfway house known as The Lighthouse occupied the overall site and
has recently been demolished. The subject property, along with the balance of the site, will be
part of a mixed-use development which will contain the following:
. 36 townhouse units on the area currently zoned RM;
. Two mixed-use buildings, each containing approximately 10,000 S.F. of office space; and,
two residential loft units each on the area currently zoned RO.
At its meeting of September 21, 2004, the City Commission approved a Small-Scale Future
Land Use Map amendment from MD to TRN and Rezoning from RM to RO for the north 0.86
acres of the Lighthouse property. These applications were submitted to accommodate the office
component of the proposed mixed-use development. The proposed office use is permissible
under the proposed RO zoning, but was not allowed under the previous RM zoning.
After the submittal of the site development plan, the applicant discovered that the appropriate
amount of land zoned RM at the site was not available to meet the proposed density
requirements. The proposed rezoning of the 0.21 acres from RO to RM will allow the proposed
development to be constructed at the desired unit count.
At its meeting of November 21, 2005, the Planning and Zoning Board held a public
hearing in conjunction with the RO rezoning request. There was no public testimony in
support or opposition of the proposal. After reviewing the staff report and discussing the
proposal, the Board voted unanimously to recommend approval to the City Commission
City Commission Documentation
Meeting of December 13, 2005
Corrective Rezoning Coda (fka Lighthouse)
Page 2
for the privately initiated rezoning from RO to RM for the subject property, by adopting
the findings of fact and law contained in the staff report, and finding that the request is
consistent with the Comprehensive Plan, the Southwest Area Neighborhood
Redevelopment 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, subject to the following condition:
1. Verification from the Palm Beach County School District that the proposed
rezoning will comply with the adopted level of service for school concurrency.
Approve on the first reading the privately initiated corrective rezoning from RO to RM for
the subject property, by adopting the findings of fact and law contained in the staff
report, and finding that the request is consistent with the Comprehensive Plan, the
Southwest Area Neighborhood Redevelopment 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, with
second reading to occur on January 3, 2006, subject to the following condition:
1. Verification from the Palm Beach County School District that the proposed
rezoning will comply with the adopted level of service for school concurrency.
Attachments: Proposed Ordinance & Planning and Zoning Board Staff Report of November 21, 2005
ORDINANCE NO. 80-05
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED RESIDENTIAL
OFFICE (RO) DISTRICT TO MEDIUM DENSITY
RESIDENTIAL (RM) DISTRICT; SAID LAND BEING A
PARCEL LOCATED ON THE SOUTH SIDE OF SW 1ST
STREET, BElWEEN SW 1 ST AVENUE AND SW 2ND
AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRA Y
BEACH, FLORIDA, APRIL 2005"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated April 2005, as being zoned Residential Office (RO) District;
and
WHEREAS, at its meeting of November 21, 2005, the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted
7 to 0 to recommend that the property hereinafter described be rezoned, based upon positive
findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
furthers the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOllOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of Medium Density Residential (RM)
District for the following described property:
Lot 11, Lot 26, and the South 8 feet of Lots 1 through 10, inclusive, Heisley Estates
Subdivision, being a Subdivision of the North one-half (N %) of Block 54, Delray Beach,
Florida, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court
in and for Pam Beach County, Florida, recorded in Plat Book 13, Page 48.
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 , 200_.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
2
ORD NO. 80-05
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
MEETING DATE:
AGENDA ITEM:
ITEM:
November 21, 2005
III.C.
Rezoning from RO (Residential Office) to RM (Medium Density Residential) for a
0:21 acre portion of the Coda (fka Lighthouse) Property, located south of SW 1st
Street, between SW 1st Avenue and SW 2nd Avenue.
GENERAL DATA:
Owner............... ..... ..... ..... ... ....
Agent............... ................. ......
Applicant.. ........ ............... ........
Location................ ....... .... .......
Property Size..........................
Land Use Map Designation....
Existing City Zoning................
Proposed City Zoning.............
Adjacent Zoning............North:
East:
South:
West:
Existing Land Use..................
Proposed Land Use................
Water Service.........................
Sewer Service....... ....... ...........
New Urban Lighthouse, LLC
Jeffrey A. Costello
Jeffrey A. Costello
A portion of the Coda (fka
Lighthouse) Property, located south
of SW 1st Street, between SW 1st
Avenue and SW 2nd Avenue
0.21 Acres
RO (Residential Office)
RO (Residential Office)
RM (Medium Density
Residential)
RO (Residential Office)
OSSHAD (Old School Square
Historic Arts District)
RM (Medium Density
Residential)
CF (Community Facilities)
Vacant
Rezoning of the parcel from RO to
RM
Available via connection to an
existing 8" water main within SW 1 st
Street and SW 1 st Avenue and a 10"
water main within SW 2nd Avenue.
Available via connection to an existing "
8" sewer main within SW 1st Street,
SW 2nd Avenue, and/or an alley
bisecting the subject property.
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III.C.
P & Z Board Staff Report - November 21, 2005
Lighthouse Property - Corrective Rezoning From RO to RM
Page 1
The action before the Board is making a recommendation to the City Commission on a
privately-initiated corrective rezoning from RO (Residential Office) to RM (Medium Density
Residential) for a portion of the former Lighthouse property.
The subject property is located south of SW 1st Street, between SW 1st Avenue and SW 2nd
Avenue, and involves 0.21 acres.
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.
The proposal incorporates the following:
The subject property is Lots 11 and 26, and the south 8 feet of Lots 1 through 10, inclusive,
Heisley Estates Subdivision, being a Subdivision of the North one-half (NY2 ) of Block 54, 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 13, Page 48.
The subject property constitutes the southern 0.21 acres of the RO-zoned (northern) portion of
the property. A former halfway house known as The Lighthouse has recently been demolished.
The subject property, along with the balance of the site, will be part of a mixed-use development
which will contain the following:
· 36 townhouse units on the area currently zoned RM;
· Two mixed-use buildings, each containing approximately 10,000 S.F. of office space; and,
two residential loft units each.
At its meeting of September 21, 2004, the City Commission approved a Small-Scale Future
Land Use Map amendment from MD to TRN and Rezoning from RM to RO for the north 0.86
acres of the Lighthouse property. These applications were submitted to accommodate the office
component of the proposed mixed-use development. The proposed office use is permissible
under the proposed RO zoning, but was not allowed under the previous RM zoning.
REQUIRED FINDINGS:
LOR (Chapter 3) PERFORMANCE STANDARDS:
Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use
applications, certain findings must be made in a form which is part of the official record.
This may be 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
IItC.
P & Z Board Staff Report - November 21, 2005
Lighthouse Property - Corrective Rezoning From RO to RM
Page 2
findings relate to the Future land Use Map, Concurrency, Comprehensive Plan
Consistency, and Compliance with the land Development Regulations.
FUTURE lAND USE MAP: The resulting use of land or structures must be allowed in the
zoning district within which the land is situated and said zoning must be consistent with
the applicable land use designation as shown on the Future land Use Map.
The subject property has a Future Land Use Map designation of TRN (Transitional) and is
currently zoned RO (Residential Office). The proposed RM (Medium Density Residential) is
consistent with the underlying TRN Future Land Use Map designation, as the TRN designation
allows residential uses with a maximum density of 12 units per acre. Based upon the above,
positive findings can be made with respect to Future Land Use Map Consistency.
CONCURRENCY: Facilities which are provided by, or through, the City shall be provided
to new development concurrent with issuance of a Certificate of Occupancy. These
facilities shall be provided pursuant to levels of service established within the
Comprehensive Plan.
Water and Sewer: Water service is available via service lateral connections to an existing 8"
water main located within the SW 1 st Street right-of-way, an existing 8" water main located
within the SW 1st Avenue right-of-way, and/or an existing 10" water main located within the SW
2nd Avenue right-of-way. There are three (3) fire hydrants within close proximity to the subject
property - one (1) on the north side of SW 1st Street and two (2) on the east side of SW 1st
Avenue. Sewer service is available via service lateral connection to existing 8" sanitary sewer
mains within the SW 1 st Street right-of-way, the SW 2nd Avenue right-of-way, and/or the alley
bisecting the subject property.
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.
Drainaae: With rezoning requests drainage plans are not required; however drainage plans
have been provided with the conditional use and site plan submittals indicating that drainage will
be accommodated via an exfiltration system. There are no problems anticipated in retaining
drainage on site and obtaining any/all necessary permits.
Traffic: A traffic study indicating the AM and PM peak hour trips that would be generated by the
proposed office development has not been provided. The rezoning of the 0.21 acre property
when combined with the property to the south will allow 2 additional units generating 21 average
daily trips. The traffic generated will not negatively impact the surrounding neighborhood as the
property is located within an area that consists of the traditional road grid system. This system
is conducive to traffic distribution, wherein, automobiles have a diverse choice of options to
navigate the area. Motorists of the overall development are able to navigate the local grid street
system to avoid congestion in order to reach collector and arterial roads such as Swinton
Avenue, Atlantic Avenue, SE 1 st Street, SW 2nd Street, and SW 4th Avenue. Given the diffusion
of vehicle trips, it is unlikely that adjacent neighborhoods will be negatively impacted by any
additional traffic. It is noted per the Palm Beach County Traffic Performance Standards
Ordinance, residential projects located east of 1-95 are exempt from the traffic concurrency.
Further, there are no Level of Service concerns with any of the surrounding roadways/streets.
lite.
P & Z Board Staff Report - November 21, 2005
Lighthouse Property - Corrective Rezoning From RO to RM
Page 3
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 is collected to offset any impacts that the
project may have on the City's recreational facilities. Pursuant to LOR Section 5.3.2, a park
impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for
each unit for parks and recreation purposes.
Solid Waste: Based upon the Solid Waste Authority's typical waste generation rates, the
rezoning would accommodate 2 residential units, which will generate 3.98 tons of waste
annually (2 x 1.99 tons). The Solid Waste Authority has indicated that its facilities have
sufficient capacity to handle all development proposals until the year 2021.
Schools: The Palm Beach County School District must approve the development proposal for
compliance with the adopted Level of Service for School Concurrency. Verification from the
Palm Beach County School District is pending.
CONSISTENCY: Compliance with the performance standards set forth in Section 3.2.2
(Standards for Rezoning Actions) along with required findings in Section 2.4.5(0)(5)
(Rezoning Findings) shall be the basis.upon which a finding of overall consistency is to
be made. Other objectives and policies found in the adopted Comprehensive Plan may
be used in the making of a finding of overall consistency.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and
the following applicable objective is noted.
Future Land Use Element Obiective A-1: Properly shall be developed or redeveloped in a
manner so that the future use and intensity is appropriate in terms of soil, topographic
and other applicable physical considerations; is complimentary to adjacent land uses;
and fulfills remaining land use needs.
There are no significant environmental characteristics to the subject property. The future
redevelopment of the property based upon the proposed RM zoning will be complimentary to
the adjacent land uses, which consist of single and multiple-family residential uses, a mixed-use
(restauranUhotel) development, the South County Courthouse, a church, and a parking garage.
The rezoning will enable the fulfillment of remaining land use needs by the provision of
workforce housing within the Southwest Area Neighborhood Overlay District as discussed in
greater detail with Future Land Use Element Policies C-1.7. Based upon the above, a positive
finding can be made with respect to Future Land Use Element Objective A-1, that the future
redevelopment of the subject property will be complimentary to adjacent land uses and will fulfill
remaining land use needs.
Future Land Use Element Policv C-1.7: The following pertains to the Southwest
Neighborhood Redevelopment Area:
This area is generally defined as the area bounded by West Atlantic Avenue on the north,
SW 1(fh Street on the south, Interstate-95 on the west, and Swinton Avenue on the east.
III.C.
P & Z Board Staff Report - November 21, 2005
Lighthouse Property - Corrective Rezoning From RO to RM
Page 4
Many of the parcels in the area contain vacant or dilapidated structures, substandard
parking and substandard landscaping. The area also contains residential areas identified
as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the
Housing Element.
The Southwest Area Neighborhood Redevelopment Plan was adopted by the City
Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the
revitalization and stabilization of the area. The Southwest Area Neighborhood
Redevelopment Plan is divided into five sub-areas based upon current and proposed
land uses. The sub-areas serve to define potential boundaries for the phased
implementation of the various plan components. Future development in the area must
be in accordance with the provisions of the Redevelopment Plan.
The subject property is located within the borders of the Southwest Area Neighborhood
Redevelopment Plan and is more specifically included within sub-area #5. Sub-area #5 is
identified as "infill area" consisting of relatively stable residential neighborhoods that are
experiencing some deterioration, but do not require substantial redevelopment to achieve
community livability goals.
The proposed rezoning is associated with an overall development proposal which provides new
housing, including workforce housing. The envisioned development will also likely improve the
safety of the area as well as its long term stability. It will introduce daytime activity (offices) and
further nighttime activity (residences), thereby providing more "eyes" to observe what is
happening in the area, which should be a deterrent to criminal activity that has been identified
as a problem with the Southwest Area Neighborhood. Based upon the above, a positive finding
can be made with respect to Future Land Use Element Policy C-1. 7, that the rezoning will fulfill
the goals and objectives of the Southwest Area Neighborhood Redevelopment Plan.
HousinQ Element Policv A-12.3: In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on the
stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes
and circulation patterns shall be reviewed in terms of their potential to negatively impact
the safety, habitability and stability of residential areas. If it is determined that a
proposed development will result in a degradation of any neighborhood, the project shall
be modified accordingly or denied.
As discussed previously with the Concurrency analysis, the RM zoning is a residential zoning
district that is currently limited to a maximum of 12 units per acre by the underlying Transitional
land use designation. The property was zoned RM until last year, when the property was
rezoned to RO. The RM zoning is consistent with the zoning of the residential properties within
the Southwest Area Neighborhood Overlay District. The property is located within an area of the
City that consists of the traditional roadway grid network. This network is conducive to traffic
distribution, wherein, several diverse options are available in the navigation of the downtown
area. Given the diffusion of vehicle trips, it is unlikely that adjacent neighborhoods will be
negatively impacted by the additional traffic.
In terms of safety, the overall development scheme includes the introduction of new multiple-
family dwellings near the downtown area that will likely improve the safety of the area as well as
its long term stability. It will introduce further night time activity and more "eyes" to observe what
is happening in the area, which should be a deterrent to criminal activity that has been identified
IItC.
P & Z Board Staff Report - November 21, 2005
lighthouse Property - Corrective Rezoning From RO to RM
Page 5
as a problem with the Southwest Area Neighborhood. These factors should serve to stabilize
the area and act as a genesis for future neighborhood investment. Based upon the above, a
positive finding can be made with respect to Housing Element Policy A-12.3, that the rezoning
will not have a negative impact on the surrounding area with regard to noise, odors, dust, traffic
volumes, and circulation patterns.
LOR Section 3.2.2: Standards A, B, C and E are not applicable. The applicable
performance standard of LOR Section 3.2.2 is as follows:
(D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing and proposed; or
that if an incompatibility may occur, that sufficient regulations exist to properly
mitigate adverse impacts from the new use.
The following zoning designations and uses border the property:
Zonina Desianation:
Use:
North: Residential Office (RO)
South: Medium Density Residential (RM)
Future Mixed-Use Buildings -
Office/Residential
Future Multiple-Family Residential Uses
(Currently Abandoned Drug Rehabilitation
Facility)
Restaurant/Hotel (Sundy House)
East: Old School Square Historic Arts District
(OSSHAD)
West: Community Facilities (CF)
South County Courthouse
The proposal will rezone the 0.21 acre subject property from RO to RM. There are no
compatibility concerns as the properties were previously zoned RM for many years and the
abutting properties to the south are zoned RM, which will be incorporated with the subject
property as a mixed-use development. The RO-zoned property to the north will continue to
serve as transition from the CF zoned parcels (courthouse and parking garage). The adjacent
OSSHAD zoning district to the east is considered a mixed-use district and consists of an array
of residential uses. Based upon the above, a positive finding can be made with regard to LDR
Section 3.2.2(D), that the proposed rezoning will not result in adjacent incompatible land uses.
Section 2.4.5(0)(5) (Rezonina Findinas):
Pursuant to Section 2.4.5(0){5), in addition to the provisions of Section 3.1.1, the City
Commission must make a finding that the rezoning fulfills one of the reasons for which
the rezoning change is being sought. These reasons include the following:
a. That the zoning had previously been changed, or was originally established, in
error;
b. That there has been a change in circumstances which make the current zoning
inappropriate;
III.C.
P & Z Board Staff Report - November 21 , 2005
Lighthouse Property - Corrective Rezoning From RO to RM
Page 6
c. That the requested zoning is of similar intensity as allowed under the Future land
Use Map and that it is more appropriate for the property based upon
circumstances particular to the site andlor neighborhood.
The basis for rezoning relates to reason "an that the rezoning had previously been established in
error. The legal description provided with the previous rezoning application to RO was
incorrect. Numerous preliminary plans were prepared prior to submittal of the rezoning to RO
and FLUM amendment to TRN. The preliminary plans always included the same townhouse
layout in anticipation of increasing the density to accommodate workforce housing. The intent
was always to limit the RO zoned property as much as possible to comply with the minimum
development standards of the RO zone district. While this error was only recently discovered, it
is noted the property was zoned RM for many years and the balance of the property to the south
is zoned RM, thus there are no issues with regard to compatibility with the surrounding area.
While the basis for rezoning relates to reason "a~ the requested zoning is of similar intensity as
allowed under the TRN Future Land Use Map designation and is more appropriate for the
majority of the property based upon circumstances particular to the site and neighborhood to
accommodate family/workforce housing.
Compliance - Development under the requested designation will comply with the
provisions and requirements of the land Development Regulations.
Future redevelopment can occur in accordance with the City's Land Development Regulations.
Conditional use and site plan applications are currently being processed and are being reviewed
for compliance with the LOR. As mentioned earlier, the subject property will be combined with
the adjoining parcels to the south and north to accommodate a mixed-use development
consisting of approximately 20,000 S.F. of office and 4 residential dwelling units in the mixed-
use buildings along with 36 townhomes. Given the above, a positive finding with respect to
compliance with the Land Development Regulations can be made.
.
Community Redevelopment Aqencv(CRA):
The CRA reviewed the proposed rezoning and had no objections.
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Letters of objection and/or support, if any, will be presented at the Planning and
Zoning Board meeting.
The proposed rezoning from RO to RM is consistent with the goals, objectives and/or policies of
the City's Comprehensive Plan, the Southwest Area Neighborhood Redevelopment Plan, and
LOR Sections 2.4.5(0)(5), 3.1.1 and 3.2.2(0). Positive findings can be made with respect to
Concurrency and Compatibility with the surrounding land uses
III.C.
P & Z Board Staff Report - November 21, 2005
Lighthouse Property - Corrective Rezoning From RO to RM
Page 7
As discussed previously with regard to LOR Sections 2.4.5(0)(5) and 3.2.2(0), the proposed
rezoning of the subject property to RM is appropriate. The subject property is located within the
boundaries of both the Southwest Area Neighborhood Redevelopment Plan. The proposed
rezoning would accomplish these goals as the envisioned development for the subject property
entails the provision of workforce housing. Based upon the above, a recommendation of
approval should be made to the City Commission for the proposed rezoning.
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the privately initiated
corrective rezoning from RO to RM for the subject property, by adopting the findings of fact
and law contained in the staff report, and finding that the request is consistent with the
Comprehensive Plan, the Southwest Area Neighborhood Redevelopment Plan, and meets
the criteria set forth in Sections 2.4.5(0)(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
corrective rezoning from RO to RM for the subject property, by adopting the findings of fact
and law contained in the staff report, and finding that the request is inconsistent with the
Comprehensive Plan, the Southwest Area Neighborhood Redevelopment Plan, and does
not meet the criteria set forth in Sections 2.4.5(0)(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 corrective
rezoning from RO to RM for the subject property, by adopting the findings of fact and law
contained in the staff report, and finding that the request is consistent with the Comprehensive
Plan, the Southwest Area Neighborhood Redevelopment Plan, and meets the criteria set forth in
Sections 2.4.5(0)(5), 3.1.1 and 3.2.2 of the Land Development Regulations, subject to the
following condition:
1. Verification from the Palm Beach County School District that the proposed rezoning will
comply with the adopted level of service for school concurrency.
Attachments: Location/Zoning Map
Prepared by: Derrick Cook, Planner
IItC.
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REZONING
CODA (FKA LIGHTHOUSE)
FROM RO ( RESIDENTIAL/OFFICE) TO RM ( MULTIPLE FAMILY RESIDENTIAL DENSllY)
CITY OF DELRAY BEACH, Fl
PLANNING & ZONING DEPARTMENT
-- DIGITAL BASE MAP SYSTEM --
MAP REF: LM742
FROM:
DA~~D~ ~ANAGER
PAUL DORLlNG, DIRClOR OF PLANNING AND ZONING
SCOTT D. PAPE, SENIOR PLANNER
MEETING OF JANUARY 3, 2006
CONDITIONAL USE REQUEST TO ALLOW AN INCREASE ABOVE 12 DWELLING
UNITS PER ACRE (19.6 DUlAC PROPOSED) FOR CODA, A PROPOSED MIXED USE
DEVELOPMENT LOCATED AT THE SOUTHWEST CORNER OF SW 1ST STREET AND
SW 1ST AVENUE
~
TO:
THRU:
SUBJECT:
The property contains eight single-family homes that were constructed between 1930 and 1940. The
structures are currently vacant and were most recently used as a former halfway house known as The
Lighthouse. The area of the property totals 1.84 acres and is zoned RM (Medium Density Residential).
The development proposal includes the demolition of the existing structures and construction of 36 three-
story townhouse units with a cabana and pool. The conditional use request is to allow an increase in
density above 12 units per acre as allowed in the Southwest Area Neighborhood Overlay District (19.6
units per acre proposed) in accordance with the provisions of the City's Family/Workforce Housing
Ordinance. Under the workforce housing ordinance an increase in density of an additional 14 units is
proposed. In utilizing the workforce density bonus table the applicant is providing three very low income
units off site, and either an additional moderate income unit on or off site or a contribution of $120,000.00 to
the Workforce Housing land Trust. It is noted that the applicant is still considering the composition of units
to justify the density increase due to changing market issues. The final composition of housing units will be
finalized prior to Board approval of the site plan associated with the development.
It is noted that the development also includes the northern portion of lots 1 through 10 of the Heisley
Estates Subdivision. This portion of the development is zoned RO (Residential Office) and is 0.64 acres
(2.45 acres total). The development of these lots will involve the demolition of 3 single family residential
units and construction of 2 three-story mixed-use buildings, each containing 9,724 sq. ft. of office space
and two residential loft units.
Additional background and an analysis of the Conditional Use request are found in the attached Planning
and Zoning Board staff report.
At its meeting of November 21, 2005, the Planning and Zoning Board held a public hearing in conjunction
with the request. After discussing the proposal, the Board unanimously voted 7-0 to recommend approval
to allow the increase of density to 19.6 dwelling units per acre for Coda, 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(E)(5), 4.4.6(I)[Performance Standards], Article 4.7
[Workforce Housing] and Chapter 3 of the land Development Regulations, subject to the 16 conditions of
approval noted on pages 18 and 19 of the attached Planning and Zoning staff report dated November 21,
2005.
Approve the conditional use request to allow for a density increase to 19.6 dwelling units per acre for Coda,
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(E)(5),
4.4.6(I)[Performance Standards], Article 4.7 [Workforce Housing] and Chapter 3 of the land Development
Regulations, subject to the conditions contained in the staff report.
Attachment: Planning and Zoning Staff Report and Documentation of November 21,2005
\ of6 ,1-
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR CODA PROPERTY
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This conditional use request has come before the City Commission on
January 3, 2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for the Coda
Property. All of the evidence is a part of the record in this case. Required findings are
made in accordance with Subsections I and II.
I. COMPREHENSIVE PLAN
a. Comprehensive Plan - Future Land Use and Map: Is the future use and
intensity of the development consistent with the future land use map and
comprehensive plan and is it appropriate in terms of soil, topographic, and other
applicable physical considerations, complementary to adjacent land uses, and fulfills
remaining land use needs?
Yes No
b. Concurrency: Concurrency as defined pursuant to Objective B-2 of
the Land Use Element of the Comprehensive Plan must be met and a determination
made that the public facility needs of the requested land use and/or development
application will not exceed the ability of the City to fund and provide, or to require the
provision of, needed capital improvements for the following areas:
Are the concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes
No
II. LDR REQUIREMENTS:
1
a. LOR Section 2.4.5{E) Required Findinas: (Conditional Use): Pursuant
to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not:
I. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
ii. Nor that it will hinder development or redevelopment of nearby
properties.
Will Section 2.4.5(E)(5) be met?
Yes No
b. Performance Standards for Density Increase: Does the applicant
meet the requirements set forth in Section 4.4.6(1), attached hereto, to allow a density in
excess of 6 dwelling units per acre to 12 dwelling units per acre?
Yes
No
c. Consistency with Article 4.7 (Workforce Housina): Is the development
consistent with and meets the criteria set forth in Article 4.7 (Workforce Housing) of the
LOR's in order to allow the applicant a density bonus?
Yes
No
If you answered "yes", what is the amount of the density bonus?
dwelling units per acre
The total density, based upon (b) and (c), is
dwelling units per acre.
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 LOR
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
2
in the record including but not limited to the staff reports, 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 and hereby adopts this Order this _ day of
January, 2006, by a vote of
in favor and
opposed.
Jeff Perlman, Mayor
ATTEST:
Chevelle Nubin
City Clerk
3
LOR Section 4.4.6(1)
(I) Performance Standards:
(1) 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 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 exists 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.
(b) Buildings are placed throughout the development in a manner that
reduces the overall massing, and provides a feeling of open space.
(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.
(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.
4
(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.
(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.
(g) The project provides a convenient and extensive bicycle/pedestrian
network, and access to available transit.
(2) It is acknowledged that some of the above referenced standards
may not be entirely applicable to small, infill type residential projects. For those types of
projects, the ultimate density should be based upon the attainment of those standards
which are applicable, as well as the development's ability to meet or exceed other
minimum code requirements.
(3) For vacant property that is proposed for rezoning to RM with a
density suffix, the approving body must made a finding that the proposed density is
appropriate based upon the future land use map designations of surrounding property
as well as the prevailing development pattern of the surrounding area.
5
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
---STAFF REPORT ---
November 21, 2005
III.D.
Conditional Use Request For Coda (Fka Lighthouse) To Allow An Increase In The
Residential Density Above 12 Dwelling Units Per me (19.57 DulAc Proposed)
Pursuant To The City's FamilylWorkforce Hous~ Program, Located South Of
SW 1st Street, Between SW 1st Avenue And SW 2 Avenue.
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Applicant..................... New Urban Lighthouse
Agent......................... Kevin Rickard
Owner. ........ . . . .. .. .. . .. . . .. New Urban Lighthouse & Delray
Beach Community Redevelopment
Agency
Location.......................... South of SW 1st Street, Between
SW 1st Avenue and SW 2nd Avenue
Property Size.................. 1.84 acres
Future Land Use Map..... MD (Medium Density 5-12 du/ac)
Current Zoning............... RM (Medium Density Residential)
Adjacent Zoning....North: RO (Residential Office)
East: CF (Community Facilities) &
OSSHAD (Old School Square
Historic Arts District)
South: RM (Medium Density Residential)
West: RM (Medium Density Residential)
Existing Land Use.......... Vacant Residential
Proposed Land Use........ Conditional Use Request To Increase
The Residential Density Greater
Than 12 DulAc (19.57 DulAc)
Pursuant To The City's
FamilylWorkforce Housing Progr<;lm
Water Service................. Existing on site.
Sewer Service................ Existing on site.
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The action before the Board is making a recommendation to the City Commission on
the conditional use request for Coda (fka Lighthouse) to allow an increase above 12
dwelling units per acre [LOR Section 4.4.6(0)(12)] (19.5 du/ac proposed), pursuant to
LOR Section 2.4.5(E).
The property is located at the southwest corner of SW 1st Street and SW 1st Avenue.
The property consists of Lots 11 and 26, and the south 8 feet of Lots 1 through 10,
inclusive, Heisley Estates Subdivision, being a Subdivision of the North one-half (N~) of
Block 54, together with Lots 5, 6 and 13, Block 54 of the resubdivision of the south one-
half of Block 54 of the City of Delray Beach. The area of the property totals 1.84 acres
and is zoned RM (Medium Density Residential). The property contains eight single
family homes that were constructed between 1930 and 1940. The structures are
currently vacant and were most recently used as a boarding room complex known as
The Lighthouse.
The development proposal includes the demolition of the existing structures and
construction of 36 three-story townhouse units with a cabana and pool. The conditional
use request is to allow an increase in density above 12 units per acre in the Southwest
Area Neighborhood Overlay District (19.4 units per acre proposed) in accordance with
the provisions of the City's FamilylWorkforce Housing Ordinance.
It is noted that development also includes the northern portion of Lots 1 through 10 of
the Heisley Estates Subdivision. This portion of the development is zoned RO
(Residential Office) and is 0.64 acres (2.45 acres total). The development of these lots
consists of the demolition of 3 single family residential units and construction of 2 three-
story mixed-use buildings, (each containing 9,724 sq. ft. of office space and two
residential loft units) connected by an elevator.
At its meeting of September 21, 2004, the City Commission approved a Small-Scale
Future Land Use Map amendment from MD to TRN and Rezoning from RM to RO for
the north 0.86 acres of the Lighthouse property. These applications were submitted to
accommodate the office component of the proposed mixed-use development. The
proposed office use is permissible under RO zoning, but was not allowed under the
previous RM zoning.
The applicant has submitted a rezoning application to rezone the southern 0.21 acre
portion of the RO zoned property back to RM. The purpose of the rezoning is to
accommodate the density ratio provisions of the City's FamilylWorkforce Housing
Ordinance. This rezoning request is scheduled to be considered by the Planning and
Zoning Board at this meeting.
The conditional use application is now before the Board for consideration.
Planning and Zoning Board Staff Report
Coda - Conditional Use Request - November 21, 2005
Page 2
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REQUIRED FINDINGS {Chapter 3}:
Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which is part
of the official record. This may be achieved through information on the
application, the staff report, or minutes. Findings shall be made by the body,
which has the authority to approve or deny the development application. These
findings relate to Future Land Use Map Consistency, Concurrency,
Comprehensive Plan Consistency and Compliance with the LDRs 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 subject property has a Future Land Use Map designation of MD (Medium Density
Residential 5-12 du/ac) and, with the exception of the portion of the property currently
being rezoned from RO to RM, is zoned RM (Medium Density Residential). The RM
zoning district is consistent with the MD Future Land Use Map designation. Pursuant to
LOR Section 4.4.6(0)(12), multiple family residential development may exceed 12 units
per acre, up to a maximum of 24 units per acre, within the Southwest Neighborhood
Overlay District defined in Section 4.5.9, subject to the provisions of Section 4.4.6(1),
Article 4.7, and based upon the conformance with the applicable standards and criteria
described within the adopted Southwest Area Neighborhood Redevelopment Plan.
Multiple family residential developments, subject to the FamilylWorkforce Housing
program, are allowed as a conditional use in the RM zoning district. Based upon the
above, positive findings can be made with respect to consistency with the Future Land
Use Map, provided the rezoning of the northern portion of the site is approved.
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 service lateral connections to an
existing 8" water main located within the SW 1 st Street right-of-way, an existing 8" water
main located within the SW 1st Avenue right-of-way, and/or an existing 10" water main
located within the SW 2nd Avenue right-of-way. There are three (3) fire hydrants within
dose proximity to the subject property - one (1) on the north side of SW 1st Street and
two (2) on the east side of SW 1st Avenue. Sewer service is available via service lateral
connection to existing 8" sanitary sewer mains within the SW 1st Street right-of-way, the
SW 2nd Avenue right-of-way, and/or the alley bisecting the subject property.
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
""'"'\A.... - '"-'v. .u."'.". ........ '-''tJ...... . .........'1"'_'-1" . ................... .--. -" ----
Page 3
the City at build-out Based upon the above, positive findings can be made with respect
to this level of service standard.
Drainaae: A cO'lceptual engineering plan has been submitted with the conditional use
application that indicates that drainage will be provided via sheet flow to catch basins
and exfiltration trenches. The outfall of the drainage system is tied to the City's storm
water system. There are no problems anticipated in retaining drainage on site and
obtaining any/all necessary permits.
Traffic: A traffic study has been submitted that indicates that the proposed
development, including the officellofts and town homes, will generate 44 peak a.m.
vehicle trips. The Palm Beach County Traffic Division has considered the traffic
generated by the proposed development and has made a finding of concurrency with
the Palm Beach County Traffic Performance Standards Ordinance. Per the Palm
Beach County Traffic Performance Standards Ordinance, residential projects and the
residential portion of mixed-use projects, located east of 1-95, are exempt from traffic
concurrency and concurrency is relevant to the non-residential portion of the
development. It is noted that the traffic study submitted reflected im earlier version of
the development proposal (including the mixed use building), which consisted of 20,220
square feet of office area and 34 multiple family dwelling units. The current proposal
consists of 19,448 square feet of office area and 40 multiple family dwelling units
(including the entire development proposal). Since the non-exempt portion (office area)
of the development has been reduced, the positive finding is unchanged.
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 is
collected to offset any impacts projects may have on City recreational facilities.
Pursuant to LOR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be
collected prior to issuance of a building permit for each unit for parks and recreation
purposes. A total fee of $20,000 will be required of this development (including the four
loft units) for parks and recreation purposes.
Solid Waste: The proposed 40 multiple family dwelling units will generate 20.8 tons of
solid waste per year (40 units x 0.52 tons = 20.8 tons); and the 20,220 square feet of
office area will generate 54.59 tons of solid waste per year (20,220 sq. ft. x 5.4 Ibs. /
2,000 = 54.59 tons), for a total of 75.39 tons per year. The Solid Waste Authority has
indicated that its facilities have sufficient capacity to handle all development proposals
until the year 2024, thus a positive finding with respect to this level of service standard
can be made.
Schools: The Palm Beach County School District has considered the development
proposal and has forwarded a written finding of concurrency.
CONSISTENCY: Compliance with performance standards set forth in Chapter 3
and required findings in LOR 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.
Planning and Zoning Board Staff Report
Coda - Conditional Use Request - November 21, 2005
Page 4
Other objectives and policies found in the adopted Comprehensive Plan may be
used in making a finding of overall consistency.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable objectives and policies that are relevant to the
Conditional Use application are noted:
Future land Use Element Obiective A-1: Property shall be developed or
redeveloped in a manner so that the future use and intensity is appropriate and
complies in terms of soil, topographic, and other applicable physical
considerations, is complimentary to adjacent land uses, and fulfills remaining
land use needs.
There are no significant environmental characteristics to the subject property. The
proposed town homes will provide a transitional use between the commercial and
government related uses along Atlantic Avenue and the single family neighborhood to
the south of the subject property. The residential element of the project will add to the
customer base for the existing commercial uses along West Atlantic Avenue and aid in
the redevelopment of this corridor. The proposed development will enable the
fulfillment of remaining land use needs by the provision of workforce housing within the
Southwest Area Neighborhood Overlay District as discussed in greater detail with
Future Land Use Element Policy C-1.7. Based upon the above, a positive finding can
be made with respect to Future Land Use Element Objective A-1 , that the
redevelopment of the subject property will be complimentary to adjacent land uses and
will fulfill remaining land use needs.
As noted in the background section of this report, there are several older existing
houses on the subject property. Although several of these houses are contributing
structures, they have deteriorated to the point that relocation may be problematic. The
applicant should make every effort to ascertain the feasibility of relocating the
contributing structures and this is attached as a condition of approval.
Future Land Use Element Policv C-1.7: The following pertains to the Southwest
Neighborhood Redevelopment Area:
This area is generally defined as the area bounded by West Atlantic Avenue on
the north, SW 10th Street on the south, Interstate-95 on the west, and Swinton
Avenue on the east
Many of the parcels in the area contain vacant or dilapidated structures,
substandard parking and substandard landscaping. The area also contains
residential areas identified as IIRehabilitation" on the Residential Neighborhood
Categorization Map contained in the Housing Element.
The Southwest Area Neighborhood Redevelopment Plan was adopted by the City
Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for
the revitalization and stabilization of the area. The Southwest Area Neighborhood
Redevelopment Plan is divided into five sub-areas based upon current and
L;ooa - ~onalt1onal use Kequesl - Novemoer LI, LVUO
Page 5
proposed land uses. The sub-areas serve to define potential boundaries for the
phased implementation of the various plan components. Future development in
the area must be in accordance with the provisions of the Redevelopment Plan~
The subject property is located within the borders of the Southwest Area Neighborhood
Redevelopment Plan and is more specifically included within sub-area #5. Sub-area #5
is identified as "infill area" consisting of relatively stable residential neighborhoods that
are experiencing some deterioration, but do not require substantial redevelopment to
achieve community livability goals.
The development proposal provides new housing, including workforce housing. The
envisioned development will likely improve the safety of the area as well as its long term
stability. It will introduce daytime activity (offices) and further nighttime activity
(residences), thereby providing more "eyes" to observe what is happening in the area.
This should be a deterrent to criminal activity that has been identified as a problem
within the Southwest Area Neighborhood. Based upon the above, a positive finding can
be made with respect to Future Land Use Element Policy C-1.7, that the proposed
development will fulfill the goals and objectives of the Southwest Area Neighborhood
Redevelopment Plan.
Housing Obiective 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 Policv A-12.3: In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on
the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic
volumes and circulation patterns shall be reviewed in terms of their potential to
negatively impact the safety, habitability and stability of residential areas. If it is
determined that a proposed development will result in a degradation of any
neighborhood, the project shall be modified accordingly or denied.
As noted previously, the proposed development will replace severely deteriorated
housing with 36 townhouses that include a common pool and cabana. The workforce
housing component will assure that affordable housing will be maintained within the
neighborhood. The issues with respect to safety, habitability and stability of the
neighborhood should be improved by introducing additional homeowners into the area.
PERFORMANCE STANDARDS FOR DENSITY INCREASE:
LDR Section 4.4.6 RM Zone District:
Pursuant to LOR Section 4.4.6(A) Purpose and Intent: The Medium Density
Residential (RM) District provides a residential zoning district with flexible
densities having a base of six (6) units per acre and a maximum of twelve (12)
units per acre, except within the Southwest Neighborhood Overlay District where
the maximum density is 24 dwelling units per acre. The actual density of a
Planning and Zoning Board Staff Report
Coda - Conditional Use Request - November 21, 2005
Page 6
particular RM development is based upon its ability to achieve certain
performance standards which are intended to mitigate the impacts of the
increased density and ensure that the project is compatible with surrounding
land uses. Within the Southwest Neighborhood Overlay District, the Southwest
10th Street Overlay District, and the Carver Estates Overlay District, the actual
density is also based upon the development's ability to comply with Article 4.7
(FamilylWorkforce Housing). Further, the Medium Density Residential District
. provides for implementation of those objectives and policies contained within the
Housing Element of the Comprehensive Plan which call for accommodating a
variety of housing types.
lOR Section 4.4.6(1) Performance Standards:
1) Pursuant to lOR Section 4.4.6(1)(1) 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 be permitted a correspondingly lower density.
2) In addition to the above, lOR Section 4.4.6(1)(2), it is acknowledged that some
of the above referenced standards may not be entirely applicable to small,
infill type residential projects. For those types of projects, the ultimate density
should be based upon the attainment of those standards, which are
applicable, as well as the development's ability to meet or exceed other
minimum code requirements.
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 proposed internal traffic circulation system contains short segments and loops.
The design of these drive aisle will keep traffic speeds below 20 m.p.h. The
"'"'''"''\,A.... ""'""..........."'I.~. .....,....,,, .'-'1--"''' ..---...--. -'11----
Page 7
applicant has also provided a raised cross walk in the east-west drive aisle as a
traffic calming measure. Based on the above, this performance standard has been
met.
(b) Buildings are placed throughout the development in a manner that
reduces the overall massing, and provides a feeling of open space.
The proposal involves the construction of 3-story townhouses along SW 1st Avenue
and SW 2nd Avenue. The groups of townhouses include the required breaks
between buildings that front along these roads, which provide landscape
opportunities and view corridors into the interior of the development. The design of
the project also includes an east/west drive aisle that separates the townhouses
from the mixed-use buildings along SW 1 st Street. This drive aisle will provide relief
from the massing of the project. Thus, this performance standard has been met.
(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 if meaningful buffer to those lower density areifS. 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 surrounding residential zoning is the same as the subject property (RM).
Therefore, this performance standard is not applicable.
(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 applicant describes the townhomes as "Bermuda Style." Due to the small
plane changes (as little as 2'), the roofs of the townhouses contain no variations in
height. The absence of significant plane changes in the buildings will increase the
sense of massing on the street. As noted in the background section of this report,
the applicant has requested relief from the City's requirement to the 4' offset
requirement for townhomes. In lieu of providing a meaningful offset and varying the
roof heights, the individual units are distinguished by the use of color, changes in
architectural appurtenances such as window changes, balcony design changes,
and color scheme. Each unit is also distinguished with an alternating style of
opposing hip, gable, and parapet faced gable. The townhouses all utilize the same
door style and architectural treatment. Each unit could be better distinguished by
alternating the door, window, and light fIXture styles, which is attached as a
condition of approval. The rear of the units contains few architectural treatments.
Planning and Zoning Board Staff Report
Coda - Conditional Use Request - November 21, 2005
Page 8
The light fixtures above the garages and garage door headers could be varied to
distinguish between units, which is also attached as a condition of approval. Based
upon the above, the proposal complies with this performance standard provided the
conditions of approval are addressed.
(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.
The proposed townhomes contain a variety of 5 different floor plans with 2
bedrooms. The applicant has indicated that a 3 bedroom option will also be offered.
However, the floor plans do not indicate the provision of a third bedroom. The
development proposal can meet this performance standard if revised floor plans are
submitted that provide a mixture of 3-bedroom standard units; and this is attached
as a condition of approval. As submitted, this performance standard has not been
met.
(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 site has no natural areas existing on site. While this performance standard has
not been met, typically an infill development of this size (1.81 acres) would not
provide a native habitat area. Thus, this standard is not applicable.
(g) The project provides a convenient and extensive bicycle/pedestrian
network, and access to available transit.
The development provides an extensive pedestrian system that links each unit to
the pool area and the public sidewalk system. A bicycle rack needs to be provided
adjacent to the pool area and is attached as a condition of approval. This
performance standard has been met, subject to the condition that a bicycle rack be
provided.
In conclusion, a finding of substantial compliance can be made with respect to 2
standards; 4 standards are not applicable; and one standard has not been met. As not
all Performance Standards need to be met for a small infill project, the proposed density
of 8.6 units per acre can be supported.
WORKFORCE HOUSING STANDARDS FOR DENSITY INCREASE:
lOR Section 4.7.3 - Provision of Workforce Housina Units: Developers will be
awarded density bonus units (additional market fate units), beyond the base
number allowed per existing zoning ordinance after performance standards have
Page 9
been met, as an incentive to provide affordable housing units, subject to the
limits and requirements of this chapter.
a. Developers may earn bonus units by building housing for very low, low or
moderate income families within the designated boundaries of the Overlay
Districts.
b. All development shall meet the requirements for units as specified in this
chapter and meet all required land Development Regulations.
c. Workforce units shall include those units in a development, which are
regulated in terms of:
i. Sales price or rent levels; and
ii. Marketing and initial occupancy; and
iii. Continued requirements pertaining to resale or rent increases.
Section 4.7.4 Density Bonus Program for the Southwest Neighborhood Overlay
District
Developers of property in the Southwest Neighborhood Overlay District that meet
the minimum standards will earn bonus units for building workforce housing for
very low, low and moderate income families.
d. The bonus allowances are set forth in Table 1 below.
TABLE 1 DENSITY BONUS AllOCATIONS IN THE
SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT
OPTION SALE BONUS PER WORKFORCE UNIT
PROVIDED
VERY lOW 60% 4
lOW 80% -61 % 3
MODERATE 120% -81 % 2
OPTION _ _RENT BONUS PER WORKFORCE UNIT
PROVIDED
VERY LOW 60% 3
lOW 80% -61 % 2
MODERATE 120% -81 % 1
LARGE HOME OPTION
4+ bedroom workforce housing
units Additional 0.5 bonus will be added to
the bonus provided above in this chart
e. Instead of or in addition to providing workforce housing units,
developers may also accrue bonus units by. contributing to a
housing trust fund that will be utilized to subsidize workforce
Planning and Zoning Board Staff Report
Coda - Conditional Use Request - November 21, 2005
Page 10
housing in the CDBG target area. Developers may earn one bonus
unit for each payment of a sum equal to $60,000 payable to the
FamilylWorkforce Housing Trust.
f. Also, instead of or in addition to providing workforce housing
units, developers shall earn bonus units by donating land
(buildable lots) in the CDBG area of the City Delray Beach to be
used for. workforce housing. The appraised value of donated land
will be valued in accordance with subsection e. above and may be
prorated. The appraisal shall be obtained by developer at
developer's cost.
g. The maximum total density of a development shall not exceed 24
units per acre.
There are 36 dwelling units proposed within the RM zoned portion of the property (1.84
acres). This equates to an overall density of 19.6 dwelling units per acre. Following
subtraction of the density (12 du/ac) associated with the performance standards (22
dwelling units), the proposed development need~ to provide sufficient workforce
housing to justify the additional 14 dwelling units. The applicant has indicated that they
will build 3 owner-occupied very low-income housing units that will be integrated on the
site. As noted in Table 1 above, the provision of 3 very low income owner-occupied
units grants a total of 12 additional units. In addition to these units, the applicant
proposes to provide one of the following:
~ Build off-site one moderate-income workforce-housing unit within the Delray
Beach CDBG target area,
~ Build one on site moderate-income workforce housing unit on-site, or
~ Make a contribution of $120,000 to the Workforce Housing Land Trust.
The provision of an owner-occupied moderate income workforce housing unit on.;.site or
off-site or the $120,000 contribution to the Workforce Housing Land Trust grants an
additional 2 dwelling unit bonus (14 total units bonus). Since the minimum bonus to
justify per the workforce housing program is 14 dwelling untis, the provision of 3 very
low owner occupied units and one moderate income/$120,000 Workforce Housing Land
Trust contribution meets the minimum required workforce housing.
For Sale Housina Units
Pursuant to LOR Section 4.7.7, there are numerous requirements that apply to the sale
of owner-occupied workforce housing units. These stipulations identify the terms under
which these units need to be sold such as eligibility, occupancy, and terms of purchase.
A condition of approval is attached that the units are sold in accordance with this
section.
---- --..-.-.-..-- --- .--,---- -----~..__. --. -- --
Page 11
Resale and Subsequent Rentals of Affordable Units
Pursuant to LOR Section 4.7.8, to maintain the availability of workforce housing units
which may be constructed pursuant to the requirements of this program, numerous
restrictions have put into place on the resale of workforce housing. A condition of
approval is attached that stipulates the terms of resale of these units and that they be
included in the deed or restrictive covenant and recorded in the Public Records of Palm
Beach County.
Workforce Housing General Provisions
location:
Pursuant to LOR Section 4.7.9(a), if not located offsite, all workforce housing units,
constructed or rehabilitated under this program, shall be situated within the
development so as not to be in less desirable locations than market-rate units in the
development and shall, on average, be no Jess accessible to public amenities, such as
open space, as the market-rate units. The development proposal does not indicate
which units will be identified as workforce housing. A condition of app~oval is attached
that the units set-aside as workforce housing be graphically noted on the site plan.
Quality:
Pursuant to LOR Section 4.7.9(b), workforce housing units, if located within a market
rate unit development or located offsite, shall be integrated with the rest of the
development and shall be compatible in exterior design, appearance, construction, and
quality of materials and contain comparable HV AC systems and appliances with market
rate units and provide them as standard features. A condition of approval is attached
that the quality of the workforce units are comparable to the market rate units.
Mixture:
Pursuant to LOR Section 4.7.9(c), the developer shall endeavor to provide workforce
units that include unit types in the same proJX!(tion as the market rate housing unit
types. The proportion of 2 bedroom workforce units to total workforce units may not
exceed the proportion of 2 bedroom market rate units to total market rate units. As
noted previously in this report, the townhomes are all 2 bedroom units (100%).
Consequently, this requirement has been met since 100% of the workforce units on-site
would be 2 bedroom residences.
Timing of Construction:
Pursuant to lOR Section 4.7.9(d), the construction schedule for workforce housing units
shall be consistent with or precede the construction of market rate units. The site plan
does not include a phasing proposal. Therefore, aU units will be constructed at the
same schedule.
Planning and Zoning Board Staff Report
Coda - Conditional Use Request - November 21, 2005
Page 12
Review and Approval Process:
Pursuant to LDR Section 4.7.10(a), final conditions of approval shall specify that the
restricted units are priced and/or rented at workforce housing levels and shall state that
those units shall be rented and/or sold to the eligible income group. The conditions will
also specify the requirements for reporting to the City's Community Improvement
Department on buyer eligibility, housing prices, as well as any applicable requirement to
record a covenant or to enforce resale restrictions. A condition of approval is attached
that requires the reporting to the Community Improvement Department on buyer
eligibility and housing prices.
lOR SECTION 2.4.5{El - REQUIRED FINDINGS:
Pursuant to lOR 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 side by RO (Residential Office) zoning
district, on the south and west by RM (Multiple Family Residential) zoning district, and
on the east by CF (Community Facilities) and OS SHAD (Old School Square Historic
Arts District) zoning district. The adjacent land uses include: a vacant residential
building (to be developed as the mixed-use portion of the Coda development) to the
north; single family residential to the south; single family residential and parking lot for
the South County Courthouse to the west; and St. Paul's Episcopal Church and Sundy
House to the east.
The proposed townhouses will provide a transition from the more intense commercial
and governmental uses along West Atlantic Avenue and the single family residential
uses to the south. The additional residents should improve the stability of the
neighborhood by increasing the number of "eyes" in the neighborhood. The proposed
development is one of the first non-governmental developments in the area. The
development activity should have a positive affect on redevelopment of neighboring
properties.
Based upon the above, positive findings can be made with respect to LDR Section
2A.5(E) (5) for the conditional request to increase the density to 19 dwelling units per
acre in accordance with the City's Workforce Housing program.
COMPLIANCE WITH lAND DEVELOPMENT REGULATIONS:
In conjunction with the Conditional Use request a sketch plan was submitted
which staff has reviewed. It is noted that the conceptual plan is insufficient to
"""""^'O - VVIIUIUVIIQI ""'..;7\"; . ,\,,;'1u.........,'" . ~'"'........... ....,,,. -" --......-
Page 13
conduct a complete analysis of the land Development Regulations. If the
Conditional Use is approved, a full site plan submittal complying with lOR
Section 2.4.3 will be required. Based upon staff's review of the sketch plan and
site inspections, the following analysis is provided.
Townhouses and Townhouse Type of Development:
Setbacks:
Pursuant to LDR Section 4~3.3(O)(3)(c), setbacks interior to the project with respect to
side and rear lot lines shall not be observed; but in-lieu thereof structures (dwelling unit
groups) shall not be located closer than twenty-five (25) feet for a two-story structure,
nor thirty-feet (30) or a three story, or greater, structure. The proposed separation
between the three story townhouses along the east side of the property is 15 feet and
23.67 feet along the west side of the property. The applicant has submitted an internal
adjustment request to reduce the separation requirement, which will be considered by
the Site Plan Review and Appearance Board during the site plan review process
pursuant to LDR Section 2.4.7(C).
Design Standards:
Pursuant to LOR Section 4.3.3(O)(4)(a), no more than two town homes may be
constructed without providing a front setback of not less than four (4) feet offset front to
rear. The proposed offset is approximately 1 foot to 4 foot. The applicant has
submitted an internal adjustment request to reduce the building offset requirement,
which will be considered by the Site Plan Review and Appearance Board during the site
plan review process as a waiver.
lOR Section 4.3.4CKl Development Standards Matrix:
The following table indicates that the proposal complies with LDR Section 4.3.4(K) as it
pertains to the Medium Density Residential (RM) zone district:
900 sq.ft.
40%
25%
1,615 sq.ft.
36%
25%
Planning and Zoning Board Staff Report
Coda - Conditional Use Request - November 21, 2005
Page 14
Southwest Neighborhood Overlav District Development Standards:
The following table indicates that the proposal complies with LDR Section 4.4.6(F)(3)(a)
as it pertains to the Medium Density Residential (RM) zone district:
Front (SW 1s Avenue)
Front(SW 2n Avenue)
Side Interior (1 & 2 story)
Side Interior (3 story)
Recreational Amenities:
Pursuant to lDR Section 4.4.6(H)(3), recreational areas shall be required for all new
rental apartment developments, and of owner-occupied developments, which have
homeowner associations that must care for retention areas, private streets, or common
areas. New developments must include recreational features that are designed to
accommodate activities for children and youth of all age ranges. Tot lots are
appropriate for toddlers; features such as a basketball court, volleyball court, and open
playfields are appropriate for older children. A pool and clubhouse, unless specifically
designed for children, is not considered to meet this requirement. Projects having fewer
than 25 units may be exempted from this standard where it is determined by the
approving body that it is not practical or feasible to comply. While the project is located
in a urban environment, it is reasonable for the development to provide a small tot lot for
younger children. There is an opportunity to provide such a facility in the courtyard
between the interior townhouses; and this is attached as a condition of approval.
Recreational opportunities for older children such as the community center and tennis
center are located in close proximity to the development.
Parking Requirements:
Pursuant to LOR Section 4.6.17(G)(2), the required parking for the 19,448 square feet
of office space is 49 parking spaces. Pursuant to LDR Section 4.6.9(C)(1 )(c), the
re.quired parking for the 40 multiple family dwelling units is 96 parking spaces (145
spaces total). The townhouse units provide two parking spaces within private garages
(72 parking spaces). The development proposal provides 37 surface parking spaces
on-site. Additionally, the applicant proposes to construct 32 parallel parking spaces
within the adjacent public rights-of-way.
The proposed text amendment allows for developers to contribute to the cost of the
construction of parking spaces in municipal garages within 600' of a proposed
development. These spaces would be counted towards their required parking. Pursuant
to the aforementioned text amendment, currently under consideration by the City, one-
half (16 parking spaces) of the 32 on-street parking spaces are credited toward meeting
the development's parking requirements.
\;ooa - \;onoltlonal use Kequesl - l'IIovemoer L. I, L.VVO
Page 15
It is noted that the proposed text amendment requires all residential and guest parking
be provided on-site. However, the development proposal takes credit for all 32 on-street
spaces constructed. Additionally, the development proposal does not provide the eight
(8) parking spaces required for the loft units. The site data table must be corrected to
incorporate these spaces on site. The reduction of credited spaces from 32 to 16 will
increase the number of off-site parking spaces to be purchased from four (4) to twenty
(20).
Right-of-Way Dedication:
Pursuant to Land Development Regulation (LOR) Section 5.3.1, there are required
street improvements associated with the proposed development. A dedication of 5-feet
will be required for SW 1st Avenue and is attached as a condition of approval. The
dedication has been accommodated on the conceptual plan.
Stacking Distance:
Pursuant to LDR Section 4.6.9(D}(3)(c), a 50' stacking distance is required from the
public right-of-way to the first aisleway or parking space. The proposed stacking
distance is approximately 15' to the parallel parking spaces in the east-west driveway.
The applicant has submitted a waiver to the stacking requirements, which will be
considered by the Site Plan Review and Appearance Board during the site plan review
process.
Unity of Architectural Design:
Pursuant to LDR Section 4.4.17(H}(1)[RO Zoning District Special Regulations], all
buildings and structures shall appear to be residential in character regardless of the
actual use therein; shall be kept in a sound and attractive condition; and in established
neighborhoods, shall be generally compatible in architectural style and scale with the
surrounding area. While the mixed-use building is not technically part of the conditional
use application, it is part of a unified development proposal. The modernistic
interpretation of this building does not represent an architecture typically associated with
a residential development. The applicant has indicated that this building is appropriate
based on the architecture of the neighboring Courthouse, City Library, and parking
garage to the north. However, this architecture is not appropriate to the RO zoning
district, which requires a residential character to buildings. Furthermore, pursuant to
LDR Section 4.6.18(B)(1}, buildings or structures which are a part of a present or future
group or complex shall have a unity of character and design. The relationship of forms
and the use, texture, and color of materials shaU be such as to create a harmonious
whole. When the area involved forms an integral part of, is immediately adjacent to, or
otherwise clearly affects the future of an established section of the City, the design,
scale and location on the site shall enhance rather than detract from the character,
value, and attractiveness of the surroundings. The relationship of the modemist
architectural style for the mixed-use building does not provide a unity of character or
design. A vernacular style similar to the Sundy House or the "Bermuda" style would be
more appropriate for this building and is attached as a condition of approval.
Planning and Zoning Board Staff Report
Coda - Conditional Use Request - November 21, 2005
Page 16
Balcony Encroachment:
Pursuant to LDR Section 4.3.4(H)(4), balconies are allowed to encroach up to 3' into a
required setback. The proposed balconies on the T ownhomes encroach 6' into the
required setbacks. A condition of approval is attached that the balconies are
redesigned to encroach up to a maximum of 3' into the required setback.
Standard Aisle Width:
Pursuant to LDR Section 4.6.9(O)(4)(d), the standard aisle width for perpendicular
parking is 24' and 22' is proposed for the loop road. It is noted that the functional area
between the garages on both sides of the loop road is 30'. The City has approved
several width reductions such as Mallory Square, which had the same dimensions. The
applicant has submitted an internal adjustment request, which will be considered by the
Site Plan Review and Appearance Board during the site plan review process.
Maneuvering Area:
Pursuant to LOR Section 4.6.9(O)(4)(c), a 6' by 24' maneuvering area is required for
dead-end parking bays. This maneuvering area is required at the southwest comer of
the property adjacent to the pool area. A condition of approval is attached that the 6' by
24' maneuvering area is provided at this area.
Community Redevelopment Aqencv (CRA):
At its meeting of September 23, 2005; the CRA reviewed the conditional use request
and recommended approval with the condition that the parking issue be resolved.
Site Plan Review and Appearance Board:
If the Conditional Use requests are approved, a site plan application will be processed
for the development proposal, 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:
~ Neighborhood Advisory Council
~ Ebony
~ Progressive Residents of Delray (PROD)
~ President's Council
~ Merritt Park
lAXla - \X>noltlonal use Kequesl - 1'I0vemuer L. I, L.UU~
Page 17
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.
As described in this staff report, the increase in density can be supported since the
proposed development complies with the applicable performance standards (subject to
conditions of approval), except for the provision of a variety of units types. The
applicant has indicated that a 3-bedroom option will be available, but does not provide a
floor plan for this unit. This performance standard can be met if floor plans are provided
for 3-bedrooms as a standard unit, and this is attached as a condition of approval. The
development proposal also complies with the Workforce Housing program. The
applicant proposes to provide three very low units within the development and one
moderate unit via off-site, on-site or through monetary contribution. The development
proposal will also take advantage of a privately initiated text amendment to contribute to
a City parking facility to meet the minimum parking demand for the project. 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 LOR Section 2.4.5(E)(5) regarding compatibility of the proposed
development with the surrounding properties regarding the requested increase in
density.
A. Postpone with direction.
B. Move a recommendation of approval to the City Commission for the conditional use
request to allow for a density increase to 19.60 dwelling units per acre for Coda, 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(E)(5), 4.4.6(1)[Performance Standards], Article 4.7[Workforce Housing]
and Chapter 3 of the Land Development Regulations.
C. Move a recommendation of denial to the City Commission for the conditional use
request to allow for a density increase to 19.60 dwelling units per acre Coda, 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 Section 2.4.5(E)(5), 4.4.6(I)[Performance Standards], Article 4.7 [Workforce
. Housing] and Chapter 3 of the Land Development Regulations.
Planning and Zoning Board Staff Report
Coda - Conditional Use Request - November 21, 2005
Page 18
_ " _ r _ _ ........,. ~ _ _ _~_r _ _~ - - .- _~ - ~ - - - ~ ~-~ - ~ ~ ~~ - - - --
~" >-_ ___~~~-t-_:~_ _ ~~~_~~___.....__ ';:<f~__~~_j_~~:" ~}~-:;l_~~~~,,~;"\_.: ~~_..::~~~ ~~_ ,~~"'"___~___~~ _~-=~_~ ~ _ ___..
Move a recommendation of approval to the City Commission for the conditional use
request to allow for a density increase to 19.60 dwelling units per acre for Coda, 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(E)(5), 4.4.6(1)[Performance Standards], Article 4.7 [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 ascertains the feasibility of relocating the existing contributing
structures.
3. The revised floor plans are provided for mixture of the total townhouse units as a 3-
bedroom standard unit.
4. That each unit be better distinguished by alternating the door, window, and light
fixture styles.
5. That additional architectural treatments are added to the rear of the units.
6. That the light fixtures and garage door treatments be varied to distinguish between
units.
7. That the units to be set-aside as workforce housing be graphically noted on the site
plan.
8. That the workforce housing units are sold in accordance with Article 4.7.
9. That the terms of resale of the workforce housing units be included in the deed or
restrictive covenant and recorded in the Public Records of Palm Beach County.
10. Thatthe quality of the workforce units is comparable to the market rate units.
11. That the applicant shall report to the Community Improvement Department on buyer
eligibility and housing prices.
12. That a recreational facility for tots be provided on-site.
13. That a dedication of 5-feet be provided for SW 1st Avenue.
14. That the balconies are redesigned to encroach up to a maximum of 3' into the
required setback.
\.ANCI - VVIIUIUVIIClI U~ n.cyuc;:n - ,..vvc"''''''''' L.', L.VVV
Page 19
15. That bicycle racks are provided for the mixed-use building in accordance with
Transportation Element Policy 0-2.2.
16. That the required 6' by 24' maneuvering area is provided within the dead-end
parking area at the southwest comer of the property.
Attachments:
. Exhibit "A"
. Conceptual Plans
. location Map
Report prepared by: Scott D. Pape. Senior Planner
Planning and Zoning Board Staff Report
Coda - Conditional Use Request - November 21, 2005
Page 20
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1. There shall be no lot premiums charged on the workforce housing units.
2. That the building elevations are revised to indicate the height of the building based on LOR
Section 4.3.4(J). It is noted that the height of the building needs to include the 18" increase
above the mean elevation of the crown of the adjacent roads required by the City Engineer.
3. That a handicap access panel be provided for the parallel parking space along SW 1 st
Street.
4. That a conceptual engineering plan be submitted that complies with the City Engineer's
technical comments.
5. That the visibility triangles be provided on all plans.
6. That a composite utility plan be provided with the site plan application.
7. That the applicant remit half the cost of a bus shelter.
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DEUlAY IIEAct\ R.OflOA
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER rJtl\.
AGENDA ITEM # taL.. REGULAR MEETING OF JANUARY 3.2006
ORDINANCE NO. 82-05
TO:
FROM:
DATE:
DECEMBER 30, 2005
This Ordinance is before Commission for second reading and qllasijlldiciaJ hearing for a privately
initiated rezoning from CBD-RC (Central Business District-Railroad Corridor) to CBD (Central
Business District) for the south seven (l) feet of Lot 9, and Lots 10 through 12 inclusive, together
with the north thirty-seven (37) feet of Lot 13; lying in Block 78 totaling 0.85 acres, located along
the west side of S.E. 2nd Avenue, between S.E. 151 Street and S.E. 2nd Street.
The property is within the Railroad Corridor area of the CBD-RC district and contains a one-story,
4,410 sq. ft. retail store building built in 1962; a 5,508 sq. ft. warehouse distribution facility built in
1959; and a one-story, 1,440 sq. ft. warehouse structure built in 1961. All three structures are to be
demolished and replaced with a proposed multiple family residential development known as Atlantic
Shores. This development is seeking a height in excess of 48' which is currendy allowed in CBD
and not in CBD-RC.
On November 21,2005, the Planning and Zoning Board held a public hearing in conjunction with
the request. There was no public testimony. After reviewing the staff report and discussing the
proposal, the Board voted 7-0 to recommend to the City Commission that the rezoning request be
approved. Staff recommends approval based upon the findings of fact and law contained in the
staff report; positive findings with respect to the Goals, Objectives, and Policies of the
Comprehensive Plan; and finding that the request meets the criteria set forth in the Land
Development Regulations (LDR) Section 3.1.1 (Required Findings), Section 3.2.2 (Standards for
Rezoning Actions), and Section 2.4.5(0)(5) (Rezoning Findings).
At the first reading on December 13, 2005, the City Commission passed Ordinance No. 82-05.
Recommend approval of Ordinance No. 82-05 on second and final reading.
S:\City Clerk\agenda memos\Ord 824)5 Lots 9-12 Rezoning 010306
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TO:
THRU:
FROM:
SUBJECT:
.o~~ DE
;1'& DORLlNG, 01 TOR OF PLANNING AND ZON~
ESTELlO BRETO, SENIOR PLANNER n ~~ .
MEETING OF DECEMBER 13, 2005
PRIVATELY INITIATED REZONING FROM CBD-RC TO CBD FOR THE SOUTH 7 FEET
OF LOT 9. AND LOTS 10 THROUGH 12 INCLUSIVE. TOGETHER WITH THE NORTH 37
FEET OF LOT 13. ALL LYING IN BLOCK 78. TOTALING 0.85 ACRES AND LOCATED
ALONG THE WEST SIDES OF S.E. 2ND AVENUE BETWEEN S.E. 1ST STREET AND S.E.
2ND STREET.
The proposal is a privately initiated rezoning from CBD-RC (Central Business District - Railroad Corridor) to
CBD (Central Business District) for a 0.85 acres site more particularly described as the south 7 feet of Lot 9,
and 10 through 12 inclusive, together with the north 37 feet of Lot 13 of Block 78.
The 0.85 acre site is within the Railroad Corridor area of the Central Business District (CBD-RC) and
contains: a one-story 4,410 sq. ft. retail store building built in 1962, a 5,508 sq. ft. warehouse distribution
facility built in 1959, and a one-story 1,440 sq. ft warehouse structure built io.1961. All three structures are
to be demolished and replaced with a proposed multiple family residential development known as Atlantic
Shores. This development is seeking a height in excess of 48' which is currently allowed in CBD and not in
CBD-RC. Additional background and analysis of the request are found in the attached Planning and Zoning
Board Staff Report.
At its meeting of November 21, 2005, the Planning and Zoning Board held a public hearing in conjunction
with the rezoning request. There was no public testimony for or against the privately initiated rezoning.
After reviewing the staff report and discussing the proposal the Board unanimously voted 7-0 to
recommend approval of the rezoning from CBD-RC (Central Business District - Railroad Corridor) to CBD
(Central Business District) for the 0.85 acres site located along the west side of S.E. 2nd Avenue between
S.E. 1st Street and S.E. 2nd Street, based on positive findings with respect to LDR Section 3.1.1 (Required
Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the
Comprehensive Plan.
By. motion, approve on first reading the ordinance to rezone the property from CBD-RC (Central Business
District - Railroad Corridor) to CBD (Central Business District) based upon 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 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations.
Attachments: Staff Report prepared for the P & Z meeting of November 21 , 2005, Location Map & Proposed Ordinance
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CITY Of DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
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ATLANTIC SHORES REZONING
m PRIVATELY INITIATED REZONING BY ATLANTIC SHORES DEVELOPMENT
MAP REF: LM882
ORDINANCE NO. 82-05
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED CENTRAL
BUSINESS DISTRICT -RAILROAD CORRIDOR (CBD-RC)
DISTRICT TO CENTRAL BUSINESS (CBD) DISTRICT;
SAID LAND BEING A PARCEL LOCATED ON THE WEST
SIDE OF SE 2ND AVENUE, APPROXIMATELY 76 FEET
SOUTH OF SE ISf STREET, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRA Y BEACH, FLORIDA, APRIL 2005"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated April 2005, as being zoned Central Business District -Railroad
Corridor (CBD-RC) District; and
WHEREAS, at its meeting of November 21, 2005, the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted
7 to 0 to recommend that the property hereinafter described be rezoned, based upon positive
findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
furthers the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the Zoning District Map of the City of Dekay Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of Central Business (CBD) District for the
following described property:
The South 7 feet of Lot 9, and Lots 10 through 12 inclusive, together with the North 37 feet
of Lot 13, all lying in Block 78, City of Delray Beach, formerly known as the Town of
Linton, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in
and for Palm Beach County, Florida, in Plat Book 1 Page 3
Section 3. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Dekay 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 , 200_.
ArrEST
MAYOR
City Clerk
First Reading
Second Reading
2
ORD NO. 82-05
..:,
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
November 21,2005
III. E.
A privately sponsored rezoning involving a portion of Lot 9, 10, 11, 12, and a
portion of Lot 13 of Block 78; and a City initiated rezoning involving a portion of
Lot 9 Block 78, the South 39.5 feet of Lot 13 and North 18.5 feet of Lot 14 Block
78, the South 58 feet of Lot 14 Block 78, Lots 15 and-16 Block 78, and a portion
Block 86. Both rezonings are from Central Business District - Railway Corridor
(CBD-RC) to Central Business District (CBD) (Quasi-Judicial Hearing).
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MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner/Applicant............ Nate Hollander
Agent............................. Weiner & Aronson, P.A.
Location......................... Along East and West Side of SE
~d Avenue, Approximately 80'
South of SE 1 sl Street.
0.85 Acres
Commercial Core (CC)
Central Business District Railway
Corridor(CBD-RC)
Adjacent Zoning North: Central Business District (CBD)
South: Central Business District Railway
Corridor(CBD-RC)
East: Central Business District (CBD)
West: Central Business District (CBD)
Existing Land Use.......... Retail stores and warehouse
distribution facilities.
Proposed Land Use....... Multiple Family Residential
Water Service................ Available Via a service lateral
connection to the existing 8" water
main located within the SE 2nd
Avenue right-of-way.
Sewer Service................ Available via a service lateral
connection to the existing 8"
sanitary sewer main located within
the adjacent alley to the west.
Property Size.................
Future Land Use Map....
Current Zoning.... ...........
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III. E.
The action before the Board is that of making a recommendation to the City Commission on a
City initiated rezoning which includes five different parcels involving a portion of Lots 9,13, and
14 of Block 78, Lots 15 and 16 of Block 78 and a portion of Block 86, and is in conjunction with
a privately initiated rezoning (a portion of Lot 9, 10, 11, 12, and a portion of Lot 13 of Block 78).
The City initiated rezoning areas are located along the east and west sides of S.E. 2nd Avenue.
The change in zoning is from CBD-RC (Central Business District - Railway Corridor) to CBD
(Central Business District). -
Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning and Zoning Board) shall review and make a recommendation to the City
Commission with respect to a FLUM amendment and Rezoning of any property within the City.
The proposal involves two sites:
1) A privately initiated rezoning from CBD-RC (Central Business District - Railway Corridor) to
CBD (Central Business District) of five different parcels involving 0.85 acres site which
includes:
. The south 7' of Lot 9, Lot 10 and the north 53' of Lot 11, Block 78, Delray Beach (0.425
Acre);
. The south 23.5' feet of Lot 11, and Lot 12, less the south 23.5 feet of said Lot 12, Block
78, City of Delray Beach, formerly known as the Town of Linton (0.236 acre);
. The south 23.5 feet of Lot 12, and the north 37 feet of Lot 13, Block 78, of Delray
Beach; and
2) A City initiated rezoning from CBD-RC (Central Business District - Railway Corridor) to CBD
(Central Business District) from 0.757 acres site which involves:
. The North 69.5 feet of Lot 9 Block 78, containing a total of 0.22 acre.
. The South 39.5 feet of Lot 13 and North 18.5 feet of Lot 14 Block 78, containing a total
of 0.044 acre.
. The South 58 feet of Lot 14 Block 78, containing a total of 0.036 acre.
. Lots 15 and 16 Block 78, containing a total of 0.304 acre.
. All West of Railway Block 86 (less the North 25 feet of the street right-of-way),
containing a total of 0.153 acre.
The privately initiated 0.85 acre site is within the Railway Corridor area of the Central Business
District (CBD-RC) and contains: a one-story 4,410 sq. f1. retail store building built in 1962, a
5,508 sq. f1. warehouse distribution facility built in 1959, and a one-story 1,440 sq. ft warehouse
structure built in 1961. All three structures are to be demolished and replaced with a proposed
multiple family residential development known as Atlantic Shores. A conditional use request is
also included on this agenda to allow an increase height to 60'. The overlay zones which allow
this increase are limited to CBD and not the current CBD-RC designation.
The 0.76 acre City initiated site is also within the Railway Corridor area of the Central Business
District (CBD-RC) and contains: a one-story 2,311 sq. f1. food processing building built in 1999,
a 1,936 sq. f1. warehouse facility built in 1967, a one-story 1,560 sq. ft warehouse structure built
III. E.
Planning and Zoning Boarc--cJ'lff Report: Meeting of 11/21/05
Atlantic Shores - Rezoning rrom CBD-RC to CBD
in 1967, and a 13,250 sq. ft. warehouse distribution building built in1947. The proposed
rezoning requests are now before the Board for action.
REQUIRED FINDINGS:
Pursuant to lOR 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, the staff report, or minutes. Findings
shall be made by the body which has the authority to approve or deny the development
application. These findings relate to the Future land Use Map, Concurrency,
Comprehensive Plan Consistency and Compliance with the land Development
Regulations.
o Future land Use Map: The resulting use of land or structures must be allowed in the
zoning district within which the land is situated and said zoning must be con~istent
with the applicable land use designation as shown on the Future land Use Map.
The proposed zoning designation of CBD (Central Business District) is consistent with the
proposed Commercial Core (CC) FLUM designation, and mixed-use developments are
allowed as a permitted use within the CBD zoning district. Based on the above, positive
findings can be made with respect to FLUM consistency.
o Concurrencv: Concurrency, as defined pursuant to Objective B-2 of the Future land
Use Element of the Comprehensive Plan, must be met and a determination made that
the public facility needs of the requested land use and/or development application
will not exceed the ability of the City to fund and provide, or to require the provision
of, needed capital improvements 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.
The proposal involves amending the zoning designations from Central Business District
(CBD-RC) to CBD (Central Business District) on several adjoining parcels, which totals
approximately 1.607 acres. Concurrency findings with respect to Drainage, Parks and
Recreation, Solid Waste, Streets and Traffic, and Water and Sewer are discussed below:
Drainaqe: With a rezoning request drainage plans are not required. With redevelopment of
the site, drainage plans will be submitted; however there are no problems anticipated in
retaining drainage on site and obtaining any/all necessary permits.
Parks and Open Space: The Open Space and Recreation Element of the City's
Comprehensive Plan indicates in the conclusion that "The City will have sufficient recreation
facilities at build-out to meet the adopted standards". Non-residential uses are not
considered to have an impact on the City's Parks and Recreation facilities. However, any
proposed residential dwelling units would be assessed a Parks and Recreation impact fee
of $500 per unit at the time of building permit.
Solid Waste: The Solid Waste Authority has indicated that its facilities have sufficient
capacity to handle all development proposals until the year 2021.
2
litE.
Planning and Zoning Boarc .aff Report: Meeting of 11/21/05
Atlantic Shores - Rezoning from CBD-RC to CBD
Streets and Traffic: The subject property is located within the City's Transportation
Concurrency Exception Area (TCEA), which encompasses the CBD, CBD-RC, OSSHAD,
and West Atlantic Avenue Business Corridor. The TCEA exempts the above-described
areas from complying .with the Palm Beach County Traffic Performance Standards
Ordinance. Therefore, a traffic study is not required for concurrency purposes; however a
traffic statement is necessary to keep a record of trips approved in the TCEA and for
calculation of traffic impact fees. A traffic statement was submitted for the generation of 39
AM peak hour trips and 45 PM peak hour trips.
Water and Sewer: Water service is available via service lateral connections to an existing
8" water main within S.E. 2nd Avenue right-of-way. Two (2) fire hydrants presently exist on
the west side of S.E. 2nd Avenue: one at the northeast side of the property and a second
one on the southeast side of the site. Sewer service is available via service lateral
connections to an existing 8" sanitary sewer main within the west alley right-of-way.
Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water
Treatment Plant and the South Central County Waste Water Treatment Plant for the City at
build-out. Based upon the above, positive findings can be made with respect to this level of
service standard.
D Consistency: Compliance with the performance standards set forth in LOR Section
3.2.2, along with the required findings in LOR Section 2.4.5(0) (5), shall be the basis
upon which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in making a finding
of overall consistency.
LOR Section 3.2.2: Standards A, B, C and E are not applicable. The applicable
performance standard of LOR Section 3.2.2 is as follows:
(0) 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:
Zonina: Use:
North Central Business District (CBD) Food Processing Company
South Central Business District-Railroad Corridor (CBD-RC) Warehouse/Distribution
East Central Business District (CBD) Stores/Commercial/Retail
West Central Business District (CBD) Future Site of Miraflores Residential
Development
As noted in the above table, the surrounding properties are zoned either CBD or CBD-RC, and
pursuant to LDR Section 4.4.28, many of the permitted and conditional uses within the CBD are
allowable within the CBD-RC. Given the sites location along the railroad tracks and adjacent
CBD areas, it would appear this area should be considered as an area where increased height
could be considered. To achieve this, the CBD-RC (Central Business District - Railway
Corridor) designation could be modified to be included in the areas allowing the increases or
the area could be rezoned to CBD (Central Business District). Given the prevailing land use
3
III.E.
Planning and Zoning Boarc,aft Report: Meeting of 11/21/05
Atlantic Shores - Rezoning from CBO-RC to CBO
patterns it appears more appropriate to modify the zoning to CBD. Therefore, the proposed
rezoning of the subject property from Central Business District (CBD-RC) to Central Business
District (CBO) poses no incompatibilities with the surrounding properties. The development
proposal will significantly enhance the aesthetics of the subject property unifying several
parcels under a single development. Further, the neighborhood and the downtown as a whole
will benefit by the inclusion of new residential dwelling units. Based upon the above, positive
findings with regard to LOR Section 3.2.2(0) could be made.
LDR Section 2.4.5(D) (5) - RezoninQ Findinas:
Pursuant to LOR Section 2.4.5(0) (5), in addition to provisions of Chapter Three, the City
Commission must make a finding that the rezoning fulfills one of the reasons for which the
rezoning change is being sought. These reasons include the following:
(a) That the zoning had previously been changed, or was originally established, in error;
(b) That there has been a change in circumstances which make the current zoning
inappropriate; or
(c) That the requested zoning is of similar intensity as allowed under the Future Land Use
Map and that it is more appropriate for the property based upon circumstances
particular to the site and/or neighborhood.
The following is an excerpt from the applicant's justification statement:
"Although the zoning has not been previously changed or originally established in error,
we believe that the planning policy which states that the subject property is not entitled
to receive a bonus for additional height, as its neighboring CBD properties, is a policy
error. Obviously, one of the places the City Commission has continued to support
height increases are properties on the railroad tracks. Therefore the fact that this
property is not entitled to an increase in height under Section 4.3.4(J)(4) of the LOR's is
indeed an error which was overlooked at the time the Ordinance was approved.
There has been a change in circumstances which makes the current zoning
inappropriate. The property directly to the east, which is located in the CBD District,
recently received approvals for increased height and densffy. It is inappropriate that
LOR Section 4.3.4(J)(4) does not allow the subject property on the rail road tracks to be
eligible for an increase in height even though the requirements under the LOR's are met.
Thus, the current zoning is inappropriate".
The requested zoning is of similar intensity as allowed under the Future Land Use Map
and is more appropriate for the subject property based upon circumstances particular to
the site and/or neighborhood. As previously stated, the property directly to the east is
already zoned CBD. Moreover, the Future Land Use Map already designates both of
these properties as Commercial Core (CC). In order to match the zoning map with the
Future Land Use Map, it is more appropriate for the subject property based upon the
circumstances particular to the site and neighborhood to be zoned CBD (Central
Business District) and should be entitled to receive approval for additional height ".
According to the applicant, the basis for which the rezoning is being sought relates to reasons
(a), (b) and (c). While staff disagrees with the applicant that the inability to seek conditional use
approval to increase height on this parcel is a policy error, the sites' location along the railroad
4
III.E.
Planning and Zoning Board.~ff Report: Meeting of 11/21/05
Atlantic Shores - Rezoning from CBO-RC to CBO
tracks and its proximity to adjacent CBO areas would appear to make this area as one where
increased height could be considered. The change in circumstances, in relation to the
prevailing land use patterns to the east, also appears to indicate that it is more appropriate to
modify the zoning of the subject property to CBO.
If consideration is given to modify the zoning designations, then a designation consistent with
the prevailing Future Land Use Map designation of Commercial Core (CC) to the north and
west should be given. The proposed FLUM (CC) and zoning (CBO) designations are of
identical intensity as the surrounding properties. Further, the zoning is appropriate for the
subject property as it will further the goals and objectives of the Downtown Oelray Beach Master
Plan and Comprehensive Plan by enabling the provision of additional housing in the downtown
area. Thus, the request fulfills the necessary rezoning findings as per LOR Section 2.4.5(0)
(5).
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 Obiective A-1: Property shall be developed or redeveloped in a
manner so that the future use and intensity is appropriate in terms of soil, topographic
and other applicable physical considerations; is complimentary to adjacent land uses;
and fulfills remaining land use needs.
Future land Use Element Obiective A-1: Property shall be developed or redeveloped in a
manner so that the future use and intensity is appropriate and complies in terms of soil,
topographic, and other applicable physical considerations, is complimentary to adjacent
land uses, and fulfills remaining land use needs.
The proposed CBO zoning will be complimentary with the future surrounding residential and
commercial developments (Miraflores, Bamboo North/South, and The Strand) and provide a
customer base for the businesses on a year-round basis, which in turn will provide economic
stability and growth for the downtown area.
In terms of fulfilling remaining land use needs, the Housing Element of the Comprehensive Plan
states the following:
"One of the most important objectives of the City's overall housing policy is the
establishment of housing in the downtown area. In the years since adoption of the 1989
Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally
oriented shopping district to a vibrant year-round retail, service, and entertainment area
with an active nightlife. A critical missing element is a significant housing development.
The City recognizes the importance of providing housing in close proximity to shopping,
employment, and transportation, and the need to have a residential base to support the
businesses in the downtown area".
The proposed CBO zoning of the subject property will help to fulfill this stated land use need by
allowing residential dwelling units in the downtown area in close proximity to shopping and
place of work, and is therefore consistent with this policy.
Housing Element Obiective 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
5
III.E.
Planning and Zoning Board .Iff Report: Meeting of 11/21/05
Atlantic Shores - Rezoning from CBD-RC to CBD
housing needs identified in this Element. Policies, which will implement this objective,
include:
Housinq Element Policy -8-2.6: Housing in and near the downtown area, in close
proximity to employment opportunities and services, is a critical need. In order to help
stimulate demand for new housing in and around the Central Business District, the
development of new rental housing projects outside of the TCEA and North Federal
Highway area is discouraged.
The proposed CBD zoning of the subject property is consistent with Housing Element Policy B-
2.6 as it will allow the desired type of residential development within the CBD, while the current
CBD-RC zoning does not allow to seek conditional use approval to increase height to 60'.
Housing 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.
As noted previously, the proposed CBD zoning of the subject property will aid in th~
revitalization and economic stability of the downtown area. The introduction of additional
residential dwelling units will increase safety of the area by introducing more night time activity
and more "eyes on the street" as a deterrent to criminal behavior.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Future redevelopment of the 0.85 (privately initiated rezoning) acre parcel of land can occur in
accordance with the City's Land Development Regulations. During the site plan review process
the development proposal will be reviewed for compliance with the LOR. The applicant has
indicated intent to develop the subject property multiple family residential development which
will include the construction of a five-story residential building with a 64 spaces parking garage
on the ground floor; installation of 6 parallel parking spaces along 2nd Avenue; and residential
dwelling units on the second, third, fourth and fifth levels (35 dwelling units in total). The
proposal is permissible under the proposed CBO zoning designation. A conditional use approval
is being sought by the applicant to allow an increase in density to 41.30 du/ac and an increase
in height from 48 to 60 feet (also on this agenda for consideration). At this time, no issues have
been identified which would prohibit compliance with the requirements of the CBD zoning
district. Given the above, a positive finding with respect to compliance with the Land
Development Regulations can be assumed.
Community Redevelopment Agency:
The Community Redevelopment Agency (CRA) reviewed the rezoning request at its meeting of
November 11, 2005. The Board recommended approval of the rezoning requests from Central
Business District - Railway Corridor (CBO-RC) to Central Business District (CBD) by a vote of 5
to o.
6
III.E.
Planning and Zoning Board )ff Report: Meeting of 11/21/05
Atlantic Shores - Rezoning from CBD-RC to CBD
Downtown Development Authority:
The Downtown Development Authority (DDA) reviewed the rezoning request at its meeting of
November 14,2005. The Board recommended approval of the rezoning requests from Central
Business District - Railway Corridor (CBD-RC)to Central Business District (CBD).
Site Plan Review and Appearance Board (SPRAB):
If the rezoning and conditional use requests are granted, a site plan application addressing the
outstanding technical comments would need to be approved by the SPRAB. Final action on the
site plan will rest with the SPRAB.
Courtesv.Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
o Bill Wood, Delray Beach Chamber of Commerce
o Carolyn Zimmerman, President's Council
o Gerry Franciosa, Progressive Residents of Delray (P.R.O.D.)
o Gail-Lee McDermott, Osceola Park
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Letters of support or objection, if any, will be presented at the Planning and Zoning
Board meeting.
The proposed rezoning from Central Business District - Railway Corridor (CBD-RC) to Central
Business District (CBD) is consistent with the goals, objectives and/or policies of the Downtown
Delray Beach Master Plan, Comprehensive Plan, and LOR Sections 2.4.5(D) (5), 3.1.1 and
3.2.2(0). Positive findings can be made with respect to Concurrency and Compatibility with the
surrounding land uses. The rezoning will also allow a multiple family residential development
which will include the construction of a five-story residential building with a 64 spaces parking
garage on the ground floor; installation of 6 parallel parking spaces along 2nd Avenue; and
residential dwelling units on the second, third, fourth and fifth levels (35 dwelling units in total).
This development proposal would also result in the fulfillment of Housing Element Policy B-2.6
of the Comprehensive Plan which indicates the provision of housing in and near the downtown
area as a critical need. Based upon the above, the proposed rezoning should be recommended
for approval.
A. Continue with direction.
S. Move a recommendation of approval to the City Commission for:
. A privately sponsored rezoning involving a portion of Lot 9,10,11,12, and a portion of
Lot 13 of Block 78 from Central Business District - Railway Corridor (CBD-RC) to
7
litE.
Planning and Zoning Board~ff Report: Meeting of 11/21/05
Atlantic Shores - Rezoning from CBD-RC to CBD
Central Business District (CBD). The properties are located on the east side of S.E. 2nd
Avenue, 80 feet south of S.E. 1st Street (approximately 0.85 acres); and
. A City initiated rezoning involving five parcels of land that consists of:
1. The North 69.5 feet of lot 9 Block 78, containing a total of 0.22 acres.
2. The South 39.5 feet of lot 13 and North 18.5 feet of lot 14 Block 78, containing
a total of 0.044 acres.
3. The South 58 feet of lot 14 Block 78, containing a total of 0..036 acres.
4. lots 15 and 16 Block 78, containing a total of 0.304 acres.
5. All West of Railway Block 86 (less the North 25 feet of the street right-of-way),
containing a total of 0.153 acres.
from Central Business District - Railway Corridor (CBD-RC) to Central Business District
(CBD) for the properties described above, by adopting the findings of fact and law contained
in the staff report, and finding that the request and approval thereof is consistent with the
Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and
3.2.2 of the land Development Regulations.
C. Move a recommendation of denial to the City Commission for
. A privately sponsored rezoning involving a portion of lot 9, 10, 11, 12, and a portion of
lot 13 of Block 78 from Central Business District - Railway Corridor (CBD-RC) to
Central Business District (CBD). The properties are located on the east side of S.E. 2nd
Avenue, 80 feet south of S.E. 1st Street (approximately 0.85 acres); and
. A City initiated rezoning involving five parcels of land that consists of:
1. The North 69.5 feet of lot 9 Block 78, containing a total of 0.22 acres.
2. The South 39.5 feet of lot 13 and North 18.5 feet of lot 14 Block 78, containing
a total of 0.044 acres.
3. The South 58 feet of lot 14 Block 78, containing a total of 0.036 acres.
4. lots 15 and 16 Block 78, containing a total of 0.304 acres.
5. All West of Railway Block 86 (less the North 25 feet of the street right-of-way),
containing a total of 0.153 acres.
Move a recommendation of approval to the City Commission for the privately sponsored
request for:
. A privately sponsored rezoning involving a portion of lot 9, 10, 11, 12, and a portion of
lot 13 of Block 78 from Central Business District - Railway Corridor (CBD-RC) to
Central Business District (CBD). The properties are located on the east side of S.E. 2nd
Avenue, 80 feet south of S.E. 1st Street (approximately 0.85 acres); and
. A City initiated rezoning involving five parcels of land that consists of:
1. The North 69.5 feet of lot 9 Block 78, containing a total of 0.22 acres.
2. The South 39.5 feet of lot 13 and North 18.5 feet of lot 14 Block 78, containing
a total of 0.044 acres.
8
litE.
Planning and Zoning Board . .aff Report: Meeting of 11/21/05
Atlantic Shores - Rezoning from CBD-RC to CBD
3. The South 58 feet of Lot 14 Block 78, containing a total of 0.036 acres.
4. Lots 15 and 16 Block 78, containing a total of 0.304 acres.
5. All West of Railway Block 86 (less the North 25 feet of the street right-of-way),
containing a total of 0.153 acres.
from Central Business District - Railway Corridor (CBD-RC) to Central Business District (CBD)
for the properties described above, by adopting the findings of fact and law contained in the
staff report, and finding that the request and approval thereof is consistent with the
Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D) (-5), 3.1.1 and 3.2.2 of
the Land Development Regulations.
Attachments: Location Map
Staff Report Prepared by: Estelio Breto, Senior Planner
9
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CITY a' DELRA Y BEACH. FL
PLANNING & ZONING DEPARTMENT
C CITY INITIATED REZONING
m PRIVATELY INITIATED REZONING BY ATLANTIC SHORES DEVELOPMENT
~AP REF: LMBB2
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SUBJECT:
D~T.
PAUL DORLlNG, DIREC R OF PLANNING AND ZONING
ESTELlO BRETO, SENIOR PLANNER
MEETING OF JANUARY 3, 2006
CONDITIONAL USE REQUESTS TO ALLOW A DENSITY IN EXCESS OF 30 UNITS
PER ACRE (41.30 DUlAC PROPOSED) AND TO ALLOW FOR A BUILDING HEIGHT
UP TO 60' IN THE CENTRAL BUSINESS DISTRICT. THE REQUESTS ARE IN
CONJUNCTION WITH ATLANTIC SHORES, A PROPOSED 35-UNIT RESIDENTIAL
DEVELOPMENT LOCATED ON THE WEST SIDE OF SE 2ND AVENUE,
APPROXIMATELY 80' SOUTH OF SE 1ST STREET.
TO:
THRU:
.FROM:
The conditional use requests are associated with the establishment of a 35-unit residential development,
known as Atlantic Shores. The development proposal consists of the demolition of three existing
retail/warehouse structures; the construction of a five-story residential building with a 54-space parking
garage on the ground floor; installation of 5 parallel parking spaces along 200 Avenue; and residential
dwelling units on the second, third, fourth and fifth levels (35 dwelling units in total). The development will
also include the installation of swimming pool, deck, exercise room, library, club house, and restrooms
located on the 2nd and 3fd floors of the building. Conditional use approval has been requested to allow a
density in excess of 30 units per acre (41.30 du/ac is proposed) and to allow for a building height of up to
60'. A detailed description and analysis of the proposal is contained within the attached Planning and
Zoning Board staff report of November 21,2005.
At its meeting of November 21, 2005, the Planning and Zoning Board held a public hearing in conjunction
with the conditional use requests. Presentations were made by staff and the applicant. There was no
testimony presented from the public. The Board had discussions regarding the appropriateness of
conditional use requests for both increased height and increased density on the same property. After
their deliberations, the Board moved a recommendation of approval for the conditional use requests to
allow for a building height of 60' and to allow a density of 41.30 du/ac on a unanimous vote of 7-0, by
adopting the findings of fact and law contained in the staff report.
By Separate Motions:
Move a recommendation of approval of the conditional use request to allow for a building height in excess
of 48' (60') for Atlantic Shores, 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), 4.3.4(J) (4) (b), and Chapter 3 of the Land Development
Regulations, subject to the conditions listed in the Planning and Zoning Board Staff Report; and
Move a recommendation of approval of the conditional use request to allow for a density in excess of 30
units per acre (41.30 du/ac) for Atlantic Shores, by adopting the findings of fact and law contained in the
staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan
and meets criteria set forth in Sections 2.4.5(E) (5), 4.4.13(1), and Chapter 3 of the Land Development
Regulations, subject to the conditions listed in the Planning and Zoning Board Staff Report.
Attachment: Planning and Zoning Board Staff Report of November 21, 2005
\ 0.. C- ~ 1..
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR ATLANTIC SHORES
ORDER OF THE CITY COMMISSION
OF THE CITY OF DElRAY BEACH, FLORIDA
1. This conditional use request has come before the City Commission on
January 3, 2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for Atlantic
Shores. All of the evidence is a part of the record in this case. Required findings are
made in accordance with Subsections I and II.
I. COMPREHENSIVE PLAN
a. Comprehensive Plan - Future land Use and Map: Is the future use and
intensity of the development consistent with the future land use map and
comprehensive plan and is it appropriate in terms of soil, topographic, and other
applicable physical considerations, complementary to adjacent land uses, and fulfills
remaining land use needs?
Yes No
b. Concurrency: Concurrency as defined pursuant to Objective B-2 of
the Land Use Element of the Comprehensive Plan must be met and a determination
made that the public facility needs of the requested land use and/or development
application will not exceed the ability of the City to fund and provide, or to require the
provision of, needed capital improvements for the following areas:
Are the concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes
No
II. LOR REQUIREMENTS:
a. lOR Section 2.4.5(E) ReQuired FindinQs: (Conditional Use): Pursuant
to Section 2.4.5(E)(5), in addition to provisions of Chapter 3. the conditional use will not:
i. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
ii. Nor that it will hinder development or redevelopment of nearby
properties.
Will Section 2.4.5(E)(5) be met?
Yes No
b. REQUIRED FINDINGS RELATING TO INCREASE IN HEIGHT:
Does the Applicant meet the requirements set forth in Section 4.3.4(J}(4}
(attached hereto) to allow building height in excess of 48' to a maximum of 60'?
Yes
No
c. PERFORMANCE STANDARDS FOR DENSITY INCREASE:
Does the applicant meet the requirements set forth in Section 4.4.13(1)
(attached hereto) to allow the density in excess of 30 dwelling units per acre to
41.3 dwelling units per acre?
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 LOR
requirements in existence at the time the conditional use request was submitted.
5. The City Commtssion finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
2
in the record including but not limited to the staff reports, 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 and hereby adopts this Order this _ day of
January, 2006, by a vote of
in favor and
opposed.
Jeff Perlman, Mayor
ATTEST:
Chevelle Nubin
City Clerk
3
LOR Section 4.3.4(J)(4)
(4) Increases to Heiaht Reaulations:
(a) Prohibitions: There are no provisions which allow, nor is the Board of
Adjustment empowered to grant, an increase of height for any purpose
in the following zone districts:
Single Family (R-1) Districts
Agriculture (Ag)
Low Density Residential (RL)
Rural Residential (RR)
Planned Residential Development (PRO)
Mobile Home (MH)
Medium Density Residential (RM)
Residential Office (RO)
Neighborhood Commercial (NC)
Conservation District (CD)
Professional and Office District (POD)
Open Space (OS)
(b) Allowances: An increase, to a maximum height of sixty feet (60'), may
be approved by the City Commission in any zone district not listed
above when approved pursuant to the processing of a conditional use
request and based upon a finding of compliance with each of
enumerated criteria listed below.
(i) That the structure is to be located in one of the following
geographic areas:
(1) Area "A" - all property located east of Congress Avenue and
west of 1-95.
(2) Area "B" - the property encompassed by the Delint DRI, with
the exception of that portion platted as "Waterford Village";
along with property located west of S.W. 10th Avenue, south of
Linton Boulevard, and east of 1-95.
(3) Area "c" - the property encompassed by the boundary of
Linton Boulevard, Wallace Drive, S.W. 10th Street, and 1-95.
(4) Area "0" - the properties located south of Atlantic Avenue,
north of S.W. 1st Street, west of S.W. 2nd Avenue, and east of
S.W. 4th Avenue; and the properties located north of Atlantic
Avenue, south of N.W. 1st Street, west of N.W. 1st Avenue,
and east of N.W. 3rd Avenue.
4
(5) Area "E" - the property encompassed on the west by the F.E.C.
Railroad, on the east by the Intracoastal Waterway, on the
south by Allen Avenue extended to said easterly and westerly
boundaries, and on the north to the northernmost boundary of
the City.
(6) Area "F" - the property located between the one-way pair
system of Federal Highway (5th and 6th Avenues).
(7) Area "G" - the property on either side of Linton Boulevard,
extending 200 feet north and south of its ultimate right-of-way,
extending from 1-95 to Dixie Highway.
(8) Area "H" - the area bounded by Linton Boulevard on the south,
the F.E.C. Railroad on the east, the combination of South ridge
Road and Swinton Avenue on the north, and S.W. 4th Avenue
on the west.
(9) Area "I" - all property within the Central Core portion of the
CBD (Central Business District), except for that portion within
150' of any zoning district which has a maximum height limit of
35', measured from the property line of the CBD zoned
property.
(10) Area "J" - the property encompassed by Lindell Boulevard
on the north, Federal Highway on the east, Dixie Highway on the
west, and the City limits on the south.
(ii) That the increase in height will not provide for, nor accommodate,
an increase in the floor area (within the structure) beyond that
which could be accommodated by development which adheres to a
height limitation of 48 feet, except for the following situations:
(1) An increase in intensity is allowed when the increase from 48
feet to 60 feet is for the purpose of accommodating residential
use on the top floor of the structure; however, the increase in
intensity is only for the added residential use area;
(2) An increase in intensity is allowed when there is a transfer of
development rights pursuant to Section 4.6.20. .
(iii) That the increase in height is based on or will result in two, or
more, of the following:
(iv)
5
(1) That workforce housing is provided within the development in a
manner consistent with the provisions of Sections 4.7.5 (a) and
(d);
(2) That 50% or greater of an area of the ground floor is devoted to
parking and vehicular traffic circulation;
(3) That for each foot in height above 48 feet, an additional
building setback of two feet is provided from the building
setback lines which would be established for a 48-foot tall
structure. The additional setback is required from all setback
lines (Le., front, side, and rear) for the portion of the building
that extends above 48 feet. In lieu of this setback requirement,
buildings in the CBD zone shall adhere to the setback
requirements of that district; and
(4) That a minimum of 50% of the ground floor building frontage
consist of nonresidential uses (excluding parking).
6
lOR Section 4.4.13(1)
(I) Performance Standards These standards shall apply to all applications
for new development and modification of existing developments which would result in a
density greater than thirty (30) dwelling units per acre in the Commercial Core or twelve
(12) units per acre in the West Atlantic Neighborhood.
(1) The maximum permissible density of a particular project will be
established through the conditional use process, based upon the degree to which the
development complies with the performance standards of this section, the required
findings of Section 2.4.5(E), and other applicable standards of the comprehensive Plan
and Land Development Regulations. Notwithstanding the above, the approving body
may deny an application for increased density where it is determined that the proposed
project is not compatible in terms of building mass and intensity of use with surrounding
development.
(2) The applicable performance standards for development exceeding twelve
(12) units per acre within the West Atlantic Neighborhood or thirty (30) units per acre
within the Central Core are as follows:
(a) The development offers variation in design to add interest to the
elevations and relief from the building mass. Building elevations
incorporate several of the following elements: diversity in window and
door shapes and locations; features such as balconies, arches,
porches; and design elements such. as shutters, window mullions,
quoins, decorative tiles, or similar distinguishing features.
(b) If the building includes a parking garage as an associated structure or
within the principal building, the garage elevation provides unified
design elements with the main building through the use of similar
building materials and color, vertical and horizontal elements, and
architectural style. Development of a portion of the ground floor
perimeter adjacent to street rights of way is devoted to window displays
or floor area for active uses such as retail stores, personal and
business service establishments, entertainment, offices, etc., is
encouraged.
(c) A number of different unit types, sizes and floor plans are available
within the development. Two and three bedroom units are encouraged,
as are a combination of multi-level units and flats. In projects
consisting of more than twelve (12) dwelling units, the proportion of
efficiency or studio type units may not exceed 25% of the total units.
there is no maximum percentage established for projects having twelve
(12) or fewer units, however, a mix of unit types and sizes is
encouraged.
7
(d) The project design shall create an overall unified architectural character
and image by the use of common elements between the building(s),
parking lot, and landscaping. Examples of some features that could be
incorporated to meet this standard are: freestanding light poles and
exterior light fixtures that are decorative and consistent with the
architectural treatment of the building(s); pedestrian amenities such as
benches, shaded walkways, and decorative pavement treatment, that
are similar in forms, colors, materials, or details as the architecture of
the building(s); focal points such as public art, water feature/fountain,
courtyard or public plazas designed to connect different uses along a
continuous pedestrian walkway; or a combination of similar features
that meet the intent of this standard.
(e) The development provides common areas and/or amenities for
residents such as swimming pools, exercise rooms, storage rooms or
lockers, covered parking, gardens, courtyards, or similar areas and/or
amenities.
(f) The development promotes pedestrian movements by providing
convenient access from the residential units to the public sidewalk
system. Pedestrian areas adjacent to the building are enhanced by
providing additional sidewalk area at the same level as the abutting
public sidewalk. Accessways to parking areas are designed in a
manner that minimizes conflicts between vehicles and pedestrians.
The public street or streets immediately adjacent to the development
are enhanced in a manner that is consistent with the streetscape in the
downtown area (Le., installation of landscape nodes, extension of
existing paver block system, installation of approved street lighting,
etc.).
(g) The development provides opportunities to share parking, accessways,
driveways, etc., with adjoining properties, or provides additional parking
spaces that may be used by the public.
(h) Projects fronting on Atlantic Avenue, NW/SW 5th Avenue, N.E. 1st
Street, or S.E. 1 st Street contain nonresidential uses on the ground
floor. At least seventy-five percent (75%) of the surface area of the
front street wall(s) at the ground floor of each such building is devoted
to display windows_and to entrances to commercial uses from outside
the building.
(i) The landscape plan for the development preserves and incorporates
existing native vegetation (where available), provides new landscaping
that is in excess of minimum standards (in height and quantity),
demonstrates innovative use of plant material, improves site design,
provides useable open space or public plazas, and maximizes available
8
areas for pedestrian interaction. If necessary to achieve this standard,
the project may exceed the maximum setback area on the ground floor.
(3) It is acknowledged that it may not be possible for projects which
involve the modification of existing structures to comply with many of the above
referenced standards. For those types of projects, the ultimate density should be
based upon compliance with those standards which can be reasonably attained, as well
as the project's ability to further the goal of revitalizing the central business district (Le.,
adaptive reuse of older structures and the provision of housing in close proximity to
employment opportunities and services).
9
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
November 21, 2005
III. F.
Conditional Use Requests to Allow for a Residential Development with a Height in
Excess of 48' (60'-0" Proposed) and to Allow for a Density in Excess of 30 Units
Per Acre (41.3 du/ac Proposed) within the Central Business District (CBO), for
the Atlantic Shores Project (Quasi-Judicial HearinQ).
-1 I I
_ HE
Nate Hollander
Weiner & Aronson, P.A.
West Side of SE 2nd Avenue,
Approximately 80' South of SE 1 sl
Street (124,138,&158 SE 2nd Ave.)
Property Size................. 0.85 Acres
Future Land Use Map.... Commercial Core (CC)
Current Zoning............... Central Business District (CBD)
Adjacent Zoning North: Central Business District (CBD)
South: Central Business District (CBD)
East: Central Business District (CBD)
West: Central Business District (CBD)
Existing Land Use.......... Retail store and warehouse
distribution facility.
Proposed Land Use....... Multiple Family Residential
Water Service................ Available Via a service lateral
connection to the existing 8" water
main located within the SE 2nd
. Avenue right-of-way.
Sewer Service................ Available via a service lateral
connection to the existing eight
inch (8") sanitary sewer main
located within the adjacent alley to
the west
Owner/Applicant............ .
Agent..... ............. ...........
Location........................ .
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III. F.
The action before the Board is making a recommendation to the City Commission on the
following requests for conditional use approval pursuant to Land Development Regulations
(LOR) Section 2.4.5(E):
o To allow an increase to a maximum height of 60' (60' proposed) [LOR Section 4.4.13(F){1)
pursuant to LOR Section 4.3.4(J) (4) (b)]; and
o To allow a density exceeding 30 dwelling units per acre (41.30 du/ac proposed) in the
Central Business District (CBD) [LDR Section 4.4.13(0) (14)].
The requests are in conjunction with Atlantic Shores, a proposed residential development
located on west side of SE 2nd Avenue, approximately 80' south of SE 1st Street.
The proposal involves a 0.85 acres site which includes:
. The south 7' of Lot 9, Lot 10 and the north 53' of lot 11, Block 78, Delray Beach (0.425
Acres );
. The south 23.5' feet of Lot 11, and Lot 12, less the south 23.5 feet of said Lot 12, Block 78,
City of Delray Beach, formerly known as the Town of Linton (0.236 acres); and
. The south 23.5 feet of Lot 12, and the north 37 feet of Lot 13, Block 78, of Delray Beach.
The property was the subject of a rezoning request earlier on tonight's agenda, and was
recommended for approval to change the zoning district to CBD (Central Business District).
Existing development on the properties includes a one-story 4,410 sq. ft. retail store building,
built in 1962; a 5,508 sq. ft. warehouse distribution facility, built in 1959; and a one-story 1,440
sq. ft warehouse structure, built in 1961. All three structures are to be demolished with the
development proposal.
Conditional use applications have been submitted for an increase in building height up to 60'
and an increase in density to 41.30 units per acre. These conditional use applications are now
before the Board for consideration.
The development proposal incorporates the following:
o Construction of a five-story residential building with a 64-space parking garage on the
ground floor; installation of 6 parallel parking spaces along 2nd Avenue; and residential
dwelling units on the second, third, fourth and fifth levels (35 dwelling units in total);
o Installation of swimming pool, deck, exercise room, library, club house, and restrooms
located on the 2nd and 3rd floor of the building;
o Installation of a loading area located to the west side of the property along the alley;
o Installation of sidewalk pavers, bicycle parking facility, and associated landscaping.
REQUIRED FINDINGS (Chapter 3):
Pursuant to LOR 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
Planning and Zoning Board Staff >art: Meeting - November 21,2005
Conditional Use Requests for Atlalloc Shores
minutes. Findings shall be made by the body, which has the authority to approve or
deny the development application. These findings relate to the following four areas.
FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district
and the zoning district must be consistent with the land use designation.
The subject property has a Future Land Use Map (FLUM) designation of Commercial Core (CC)
and a zoning designation of CSO has been recommended by staff, which are consistent with
one another. Pursuant to LOR Section 4.4.13(0) (14), multiple-family dwelling units, excluding
duplexes, are permitted through the conditional use approval process at a density greater than
30 units per acre on property located south of NE 2nd Street and north of SE 2nd Street, subject
to the standards and limitations of LOR Section 4.4.13(1). As discussed later in this report,
positive findings can be made with respect to the referenced performance standards; thus
positive findings can be made with respect to FLUM consistency.
CONCURRENCY: Facilities which are provided by, or through, the City shall be provided
to new development concurrent with issuance of a Certificate of Occupancy. These
facilities shall be provided pursuant to levels of service established within the
Comprehensive Plan. .
Drainaqe: Preliminary engineering and drainage plans were not submitted with the proposed
development. H is thought that drainage could be accommodated via floor drains on the main
level of the parking garage that should then drain to an exfiltration trench system. Therefore,
there appears to be no problems anticipated in accommodating on-site drainage; however, the
Engineering Department does have technical comments regarding drainage that will need to be
addressed at the time of site plan approval. Based upon the above, positive findings with
respect to this level of service standard can be made.
Parks and Open Space: 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 LOR Section 5.3.2, a park
impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for
each unit. A total fee of $17,500.00 will be required of this development for parks and
recreation purposes.
Solid Waste: The proposed 35 dwelling units will generate a total of 18.2 tons of solid waste per
year (35 units x 0.52 tons = 18.2 tons). The Solid Waste Authority has indicated that its facilities
have sufficient capacity to handle all development proposals until the year 2024, thus a positive
finding with respect to this level of service standard can be made.
Streets and Traffic: The subject property is located within the City's Transportation Concurrency
Exception Area (TCEA), which encompasses the CBD, CBD-RC, OSSHAD, and West Atlantic
Avenue Business Corridor. The TCEA exempts the above-described areas from complying with
the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is
not required for concurrency purposes; however, a traffic statement is necessary to keep a
record of trips approved in the TCEA and for calculation of traffic impact fees. A traffic
statement was submitted for the generation of 39 AM peak hour trips and 45 PM peak hour
trips.
Water and Sewer: Water service is available via service lateral connections to an existing 8"
water main within S.E. 2nd Avenue right-of-way. Two (2) fire hydrants presently exist on the
west side of S.E. 2nd Avenue: one at the northeast side of the property and a second one on the
southeast side of the site. Sewer service is available via service lateral connections to an
existing 8" sanitary sewer main within the west alley right-of-way.
2
III.F.
Planning and Zoning Board Staff lOrt: Meeting - November 21,2005
Conditional Use Requests for Atla"ac Shores
Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water
Treatment Plant and the South Central County Waste Water Treatment Plant for the City at
build-out. Based upon the above, positive findings can be made with respect to this level of
service standard.
CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and
required findings in LOR 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 Obiective A-1: Property shall be developed or redeveloped in a
manner so that the future use and intensity is appropriate and complies in terms of soil,
topographic, and other applicable physical considerations, is complimentary to adjacent
land uses, and fulfills remaining land use needs.
There are no special physical or environmental characteristics of the land that would be
negatively impacted by the proposed residential development. The development will be
complimentary with the future surrounding residential and commercial developments
(Miraflores, Bamboo North/South, and The Strand) and will provide a customer base for the
businesses on a year-round basis, which in turn will provide economic stability and growth for
the downtown area.
In terms of fulfilling remaining land use needs, the Housing Element of the Comprehensive Plan
states the following:
"One of the most important objectives of the City's overall housing policy is the
establishment of housing in the downtown area. In the years since adoption of the 1989
Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally
oriented shopping district to a vibrant year-round retail, service, and entertainment area
with an active nightlife. A critical missing element is a significant housing development.
The City recognizes the importance of providing housing in close proximity to shopping,
employment, and transportation, and the need to have a residential base to support the
businesses in the downtown area':
The proposed Atlantic Shores development will help to fulfill this stated land use need by
providing 35 additional dwelling units to the downtown area in close proximity to shopping and
place of work, and is therefore consistent with this policy.
Future Land Use Element Obiective C-4: The Central Business District (CBD) represents
the essence of what is Delray Beach Le. a "village like, community by the sea". The
continued revitalization of the CBD is essential to achieving the overall theme of the
City's Comprehensive Plan of "A City Set Apart In South Florida". The following policies
and activities shall be pursued in the achievement of this objective:
Policy C-4.1: The CBD zoning district regulations shall facilitate and encourage
rehabilitation and revitalization and shall, at a minimum, address the following:
o Deletion of inappropriate uses;
o Incentives for locating retail on the ground floor with office and residential use
on upper floors;
o Accommodating parking needs through innovative actions;
3
III.F.
Planning and Zoning Board Staff >orl: Meeting - November 21, 2005
Conditional Use Requests for Atlal,llC Shores
a Incentives for dinner theaters, playhouses, and other family oriented activities;
a Allowing and facilitating outdoor cafes;
a Incentives for mixed use development and rehabilitation;
a Elimination of side yard setback requirements; and
a Allow structural overhang encroachments into required yard areas.
The development proposal will locate 35 residential dwelling units of various floor plans and
sizes within the downtown area. The residents of these dwellings will be able to walk to shops,
restaurants, cultural areas and parks. They will interact on a regular basis with storekeepers
and employees, and their neighbors. They will get to know the downtown much more intimately
than the majority of Delray residents. They will playa major role as participants in, and
contributors to, the downtown area community. The Atlantic Shores development proposal is
consistent with Future Land Use Element Policy C-4.1 as it will facilitate the continued
rehabilitation and dynamic revitalization of the CBD zoning district.
Transportation Element Policy A-1.3: The City endorses the continued operations of the
Palm Tran Transit System and its operations in Delray Beach, and through policies of
this Element related to the TCEA, will coordinate with Palm Tran to improve the system.
Given the potential impacts the proposed residential development will have on the surrounding
road network and the location of a Palm Tran bus stop at the southeast corner of SE 1st Avenue
and SE 1st Street (immediately to the northwest), it is appropriate that the development
contribute toward the provision of a bus shelter at this location. Thus, it is attached as a
condition of approval that a contribution of $7,500 (approximately half the cost of a shelter) is
paid prior to certification of the site plan for. the development. Subject to this condition of
approval being addressed, the development will comply with Transportation Element Policy A-
1.3.
Transportation Element Policy 0-2.2: 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 does accommodate a bicycle parking facility (Le. bike rack) on site
along S.E. 2nd Avenue. Therefore, the development complies with Transportation Element
Policy 0-2.2.
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.
This policy may be waived for projects in the downtown because the City recognizes that
households located in the downtown are likely to have fewer children than those located in
suburban settings. Further, land in the downtown is at a premium and it can be cost prohibitive
to provide recreational features such as tennis courts, volleyball courts, etc. However, the
proposed development does provide some recreational facilities to its residents, such as a
swimming pool, deck, exercise room, library, club house, and restrooms located on the 2nd and
3rt! floor of the building.
Some of the recreational, cultural and open space opportunities located in proximity to the
Atlantic Shores development include: Veteran's Park, which includes a large playground and
recreational area; the Municipal Beach; the Osceola Park Currie Commons, which includes a
baseball field and playground; the City's Tennis Center; and Old School Square Cultural Center.
As playground areas are located close by (Veteran's Park and Osceola Park Currie Commons)
and other facilities are available on site that can be utilized by children, such as the pool, the
4
III.F.
Planning and Zoning Board Staff Jort: Meeting - November 21 , 2005
Conditional Use Requests for Atlalloc Shores
intent of this policy will be met. Based on the above, it is appropriate to partially waive (tot lot)
this requirement to provide these services entirely on site.
Housina Element Obiective 8-2: 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:
Housina Element Policy 8-2.2: 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 three (3) and four (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 developmel!t will not be restricted to occupancy by adults only. However, it is
acknowledged that downtown dwellings are not typically occupied by families with children. The
proposed development will primarily accommodate young and middle-age professionals. The
development will provide a mix of efficiency (studio units), one (1), and two (2) bedroom units.
As allowed by this policy, it is appropriate that there not be a requirement to provide three (3)
and four (4) bedroom units and specific activity areas for children for those residential
development located in the downtown area.
Housina Obiective 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.
Housina 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.
As noted previously, the residents of this development will aid in the revitalization and economic
stability of the downtown area. The introduction of additional residential dwelling units will
increase safety of the area by introducing more night time activity and more "eyes on the street"
as a deterrent to criminal behavior. Based upon the above, the development proposal will be
consistent with Housing Policy A-12.3.
REQUIRED FINDINGS RELATING TO INCREASE IN HEIGHT:
Pursuant to LOR Section 4.3.4(K), the maximum height of structures in the cao zoning district
is 48'. Pursuant to LOR Section 4.3.4(J)(1), height is defined as the vertical distance from grade
to the highest finished roof surface of a flat roof or to the mean level between eaves and ridge
for gable, hip, or gambrel roofs. For buildings adjoining one street, the grade is established as
the average of the mean elevation of the crown along the lot frontage. For buildings adjoining
more than one street, the grade is established as the average of the mean elevation of the
crown of the adjoining streets. The proposed building elevations indicate that the building will
have an overall height of 60' based on the crown of the road.
5
III. F.
Planning and Zoning Board Stat; Jort: Meeting - November 21, 2005
Conditional Use Requests for Atlalloc Shores
Pursuant to LOR Section 4.3.4(J)(4)(b)(i)(9), an increase to a maximum height of 60' may
be approved by the City Commission as a conditional use for property within the Central
Core portion of the CBD (Central Business District), except for that portion within 150' of
any zoning district which has a maximum height limit of 35', measured from the property
line of the CBo zoned property. The City Commission may approve an increase in height
to a maximum height of 60' based upon a finding of compliance with each of the
enumerated criteria listed below.
(ii) That the increase in height will not provide for, nor accommodate, an increase in the
floor area (within the structure) beyond that which could be accommodated by
development which adheres to a height limitation of 48', except for the following
situations:
(1) An increase in intensity is allowed when the increase from 48' to 60' is for the
purpose of accommodating residential use on the top floor of the structure;
however, the increase in intensity is only for the added residential use area.
The increase in height is requested to accommodate residential uses on the top floor
of the proposed building, thereby meeting this requirement.
(2) An increase in intensity is allowed when there is a transfer of development
rights pursuant to Section 4.6.20.
The development proposal does not indude a transfer of development rights.
Therefore, this provision does not apply.
(iii) That the increase in height is based on or will result in two, or more, of the following:
(1) That workforce housing is provided within the development in a manner
consistent with the provisions of Sections 4.7.5(a) and (d);
The development proposal does not include a workforce housing component.
Therefore, the increase in height cannot be based on the provision of workforce
housing.
(2) That 50% or greater of an area of the ground floor is devoted to parking and
vehicular traffic circulation;
The conceptual plan does not provide the floor area of the ground floor parking and
vehicular traffic circulation areas. Based on measurements taken from the
conceptual plan, the ground floor area of the parking garage and vehicular traffic
circulation area of the building consists of approximately 90% of the gross ground
floor area. Overall, the total area of the ground floor devoted to parking, exceeds
50% and meets this requirement. A condition of approval is attached that the site
plan include the ground floor area calculations for parking and vehicular traffic.
(3) That for each foot in height above 48', an additional building setback of two
feet (2') is provided from the building setback lines which would be
established for a 48' tall structure. The additional setback is required from all
setback lines (i.e., front, side, and rear) for the portion of the building that
extends above 48 feet. In lieu of this setback requirement, buildings in the
ceo zone shall adhere to the setback requirements of that district.
6
III.F.
Planning and Zoning Board Staff >ort: Meeting - November 21,2005
Conditional Use Requests for Atla.lllc Shores
The development proposal does not provide the additional 2' setback for each foot in
excess of 48'. In lieu of this requirement, the development proposal complies with
the setbacks for the CBD (Central Business District). The following table identifies
the setback requirements for the building and the setbacks provided by the proposed
development:
25' to 48'
48' and Above
Setback feet
5' min /10' max
17' min /22' max
17' min
29'min
41'min
Finished Grade to 25'
PROPOSED
Building Height (feet) % Building Frontage Setback (feet)
SE ~ Avenue SE -rd Avenue
Finished Grade to 25' 85.3% 5' -10'
RemaininQ LenQth 20'
25' to 48' 48% 19'
RemaininQ LenQth 30'
48' and Above 100% 44'-6" & 62'-4"
The table above indicates that the proposed development meets the requirements of
the LOR for a height from finished grade to 25' feet, for a height from 25' feet to 48'
feet, and for a height of 48' and above.
(4) That a minimum of 50% of the ground floor building frontage consist of
nonresidential uses (excluding parking).
The development proposal does not include a nonresidential component in the
building frontage. Therefore, the increase in height cannot be based on the provision
of nonresidential uses.
Summary:
Based on the above analysis, the project can comply with two of the criteria, subject to
compliance with the condition of approval that relates to provision of site data. Therefore,
the proposed development is eligible for an increase in height, subject to compliance
with the condition of approval (staff condition NO.4 on page 16).
PERFORMANCE STANDARDS FOR DENSITY INCREASE:
In addition to the Conditional Use request for an increase in height, the applicant is seeking an
increase in density above 30 units per acre (41.30 units per acre). In order to grant the increase
positive findings with respect to LOR Section 4.4.13(1) need to be made.
LOR Section 4.4.13(1} - Performance Standards: These standards shall apply to all
applications for new development and modification of existing developments which
would result in a density greater than 30 dwelling units per acre.
(1) The maximum permissible density of a particular project will be established through
the conditional use process, based upon the degree to which the development
complies with the performance standards of this section, the required findings of LOR
Section 2.4.5(E) and other applicable standards of the Comprehensive Plan and Land
7
III. F.
Planning and Zoning Board Staft )ort: Meeting - November 21,2005
Conditional Use Requests for Atlall(ic Shores
Development Regulations. Notwithstanding the above, the approving body may deny
an application for increased density where it is determined that the proposed project
is not compatible in terms of building mass and intensity of use with surrounding
development.
The proposed development consists of 35 residential dwelling units on a 0.847 acres parcel
of land, which results in a density of 41.3 dwelling units per acre. The development is
located in the CBD zoning district, which allows the residential density to exceed 30 units
per acre subject to conditional use approval. The analysis with respect to LOR Section
4.4.13(1) and other relevant section of the LOR is provided below.
(2) The applicable performance standards for development under this section are as
follows:
(a) The development offers variation in design to add interest to the elevations and
relief from the building mass. For example, the building setbacks or planes of the
fa~ade are offset and varied. In structures having more than two (2) stories,
stepping back of the upper stories (third floor and above) is encouraged to
decrease the perception of bulk. Building elevations incorporate several of the
following elements: diversity in window and door shapes and locations; features
such as balconies, arches, porches; and design elements such as shutters,
window mullions, quoins, decorative tiles, or similar distinguishing features.
The proposed architecture style includes various elements of Floribean influence such
as shaped parapets, metal roofs, arched entrances, cable railing, decorative canopies,
and bracket elements. As noted previously, the proposed development complies with the
CBO setback requirements, which requires a stepping back from 5' for the ground floor
to 41' for the fifth floor. The building has been designed to provide significant relief in the
perception of mass by using a diversity of roof lines with a combination of hip roofs with
shaped parapets at different height intervals. The various roof lines are well articulated
by stepping back as much as 62'-4" from the front facade of the building. This
contributes to a reduction in the perception of mass, provides a variation in design and
adds significant visual interest to the elevations. In addition to the step backs and
offsets provided, the architectural elevations of the structure also incorporate diversity in
color, window and door shapes, multiple covered and uncovered balconies, Bahamas
shutters, decorative aluminum grill/vents, decorative balcony railings, and exposed
concrete overhangs. The rhythm and proportionality of the architectural treatments
create an appealing presentation. Based upon the above, the development proposal will
be consistent with this performance standard.
(b) If the building includes a parking garage as an associated structure or within the
principal building, the garage elevation provides unified design elements with the
main building through the use of similar building materials and color, vertical and
horizontal elements, and architectural style. The garage is designed in a manner
that obscures parked vehicles except in places where unavoidable, such as
entrances and exits. Development of a portion of the ground floor perimeter
adjacent to street rights of way is devoted to window displays or floor area for
active uses such as retail stores, personal and business service establishments,
entertainment, offices, etc., is encouraged.
The development proposal does incorporate a parking garage on the ground floor of the
structure. The building materials utilized with the parking garage are architecturally
consistent with materials utilized on the upper levels of the structure in terms of texture,
color, and vertical and horizontal elements. Further, the architecture of the structure
includes the parking garage on the ground floor, to the rear of the building with the
8
III. F.
Planning and Zoning Board Staff Jort: Meeting - November 21,2005
Conditional Use Requests for Atla,,(lc Shores
ingress/egress for the parking lot located both on the east side (S.E. 2nd Avenue) and on
the west side (alleyway) of the building. The west side of the building reveals the parking
area as part of the elevation with a unified architectural appearance. The parking
garage elevation (west elevation) will consist of equally spaced openings separated by
structural columns with a smooth stucco finish (painted) over C.M.U. and decorative
aluminum grill/vents. The openings will be adequately landscape and will permit
ventilation and natural light to enter into the parking garage. The proposed development
is not located in a retail corridor and consequently the perimeter areas of the ground
floor adjacent to street rights-of-way are not devoted to display windows and/or entrance
to office/retail uses. Based upon the above, the intent of this performance standard has
been achieved.
(c) A number of different unit types, sizes and floor plans are available within the
development. Two and three bedroom units are encouraged, as are a combination
of multi-level units and flats. In projects consisting of more than twelve (12)
dwelling units, the proportion of efficiency or studio type units may not exceed
25% of the total units. There is no maximum percentage established for projects
having twelve (12) or fewer units, however, a mix of unit types and sizes is
encouraged.
The proposed development includes one, two, three, and four bedroom units as well as
efficiencies. There are multilevel type units as well as flats. Living areas vary among
units between 700 to over 2,500 square feet. Some units have terraces while others
have balconies. There are eighteen different unit types in the thirty five units proposed.
Based upon the above, the intent of this performance standard has been achieved.
(d) The interiors of the dwelling units provide unique features and conveniences that
distinguish them from standard multi-family projects and create an attractive
living environment. Examples of some of the features that could be incorporated
to meet this standard are: ceiling heights of nine feet {9'} or greater; extensive use
of natural lighting; panel doors throughout the interior; use of decorative molding
for baseboard, door and window casings; wood or ceramic tile flooring in all or a
portion of the units; built in cabinetry and/or shelving; arched entryways or
passageways; individual laundry facilities; special security features; or a
combination of similar features and elements that meet the intent of this standard.
The applicant has indicated that the development exhibits an overall unified architectural
character and image by the use of common elements along the different parts of the
project. Decorative light fixtures, the landscape promenade, and decorative pavers are
some of the common elements that add character to the proposed development. In
addition, the public pool deck is a focal point on the east side of the structure above the
parking deck.
The step backs, offsets, and balconies provided along the facades will allow large
amounts of natural light via different window shapes, which include floor to ceiling
windows in some locations. Also, individual laundry facilities will be provided as standard
items. Based upon the above, the intent of this performance standard has been
achieved.
(e) The development provides common areas and/or amenities for residents such as
swimming pools, exercise rooms, storage rooms or lockers, covered parking,
gardens, courtyards or similar areas and/or amenities.
9
III. F.
Planning and Zoning Board Staff Jort: Meeting - November 21, 2005
Conditional Use Requests tor Atlalllic Shores
The development proposal provides for most of the above referenced amenities, such as
a swimming pool, pool-side gardens, exercise room, library room, and covered parking.
Based upon the above, the intent of this performance standard has been achieved.
(f) The development promotes pedestrian movements by providing convenient
access from the residential units to the public sidewalk system. Pedestrian areas
adjacent to the building are enhanced by providing additional sidewalk area at the
same level as the abutting public sidewalk. Accessways to parking areas are
designed in a manner that minimizes conflicts between vehicles and pedestrians.
The public street or streets immediately adjacent to the development are
enhanced in a manner that is consistent with the streets cape in the downtown
area (i.e., installation of landscape nodes, extension of existing paver block
system, installation of approved street lighting, etc.).
The proposed development is inherently a pedestrian friendly project. The townhouse
type units, proposed along S.E. 2nd Avenue, encourage pedestrian activity along the
street. The project proximity to Atlantic Avenue and Swinton Avenue will result in a
pedestrian flow to the commercial, entertainment and cultural activities in the downtown
area. The applicant has indicated that sidewalk areas around the project will be re-built
thereby recreating the current pedestrian experience along the project edges. The
applicant has also indicated that the project incorporates the extension of the existing
paver block system in the downtown and the installation of approved street lighting and
street furniture. The development proposal provides safe and efficient pedestrian
movement with convenient access provided from the residential units to the existing
public sidewalk system and parking areas. Pedestrian areas adjacent to the building
have been enhanced by providing sidewalk areas at the same level as the abutting
public sidewalk. Also, access to the parking lot has been designed in a manner that
minimizes conflicts between vehicles and pedestrians. Landscape islands in the public
rig ht-of-ways , and brick paver sidewalks enhance the public streets adjacent to the
proposed development. Based on the above, this performance standard has been met.
(g) The development provides opportunities to share parking, accessways,
driveways, etc., with adjoining properties, or provides additional parking spaces
that may be used by the public.
The development proposal will provide six (6) new parallel public parking spaces along
SE 2nd Avenue that could be used by the public as an additional parking opportunity.
Based upon the above, the intent of this performance standard has been achieved.
(h) Projects fronting on Atlantic Avenue, NE 1st Street or SE 1st Street contain
nonresidential uses on the ground floor. The nonresidential ground floor space
has ceilings not less than ten feet (10') in height. At least 50% of the surface area
of the front street wall(s) at the ground floor of each such building is devoted to
display windows and to entrances to commercial uses from outside the building.
The frontage of the subject property is along SE 2nd Avenue and thus, this performance
standard is not applicable.
Of the eight (8) performance standards outlined in LDR Section 4.4.13(1), the subject
development proposal complies with seven (7) performance standards (a), (b), (c), (d), (e), (f),
and (g). Performance standard (h) is not applicable. Given this level of achievement with the
performance standards it is appropriate to grant the requested increase in density.
10
III.F.
Planning and Zoning Board Staff lOrt: Meeting - November 21, 2005
Conditional Use Requests for Atlalloc Shores
lOR SECTION 2.4.5CE) - REQUIRED FINDINGS:
Pursuant to lOR Section 2.4.5{E) (5), in addition to provisions of Chapter 3, the City
Commission must make findings that establishing the conditional use will not:
(a) Have a significantly detrimental effect upon the stability of the neighborhood
within which it will be located;
(b) Hinder development or redevelopment of nearby properties.
The following table identifies the zoning designations and uses that are adjacent to the subject
property:
Zonina: Use:
North Central Business District-Railroad Corridor Food Processing Company
(CBD-RC)
South Central Business District-Railroad Corridor WarehouselDistribution
(CBD-RC)
East Central Business District-Railroad Corridor Stores/Commercial/Retail
(CBD-RC)
West Central Business District (CBD) Future Site of Miraflores Development
COMPLIANCE WITH lAND DEVELOPMENT REGULATIONS:
In conjunction with the Conditional Use request a sketch plan was submitted which staff
has reviewed. It is noted that the conceptual plan is insufficient to conduct a complete
analysis of the land Development Regulations. If the Conditional Use is approved, a full
site plan submittal complying with LDR Section 2.4.3 will be required. Based upon
staff's review of the sketch plan and site inspections, the following analysis is provided.
Buildina Setbacks:
The setback table included in the Required Findings Relating to Increase in Height session of
this report identifies the setback requirements for buildings located in the CBD District (other
right-of-ways) and the setbacks provided by the proposed development. This table indicates that
the proposal complies with LOR Section 4.4.13(F)(3) [Table 4.4.13-2] as it pertains to the
Central Business District (CBD) zone district. Therefore, a finding of compliance with this criteria
can be made.
Parkina Requirements:
Off-Street Parking:
Pursuant to LOR Section 4.4.13(G) (1) (e), the parking requirements for one, two and greater
bedroom dwelling units within a multiple-family structure located within the eBD are to be
provided as follows:
Efficiency dwellinQ unit 1.0 space/unit
One bedroom dwellinQ unit 1.25 spaces/unit
Two or more bedroom dwellinQ unit 1.75 spaces/unit
Guest parkinQ shall be provided cumulatively as follows:
- first 20 units 0.50 spaces/unit
- for units 21-50 0.30 spaces/unit
- for units 51 and above 0.20 spaces/unit
11
III.F.
Planning and Zoning Board Staff lort Meeting - November 21,2005
Conditional Use Requests for Atla,.lIc Shores
Pursuant to LOR Section 4.6.9(C) (2) (d), guest parking spaces must be accessible to all visitors
and guests. The development proposal consists of 35 residential dwelling units. Based upon
the above, this requires 50 parking spaces for residents and 14 guest parking spaces for a total
of 64 parking spaces provided. It is noted, that any future conversion of residential area to
commercial/retail floor area or to restaurant will require the processing of a site plan modification
which shall address any additional parking demand. Likewise, any current use of the proposed
residential floor area along S.E. 2nd Avenue as office area will require additional parking spaces
that are not currently being provided.
Compact Parkina:
Pursuant to LOR 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 twelve (12) compact parking
spaces located within the proposed ground floor parking garage. This represents approximately
18.75% of the total spaces, thus meeting the requirement.
Handicapped Accessible Parkina:
Pursuant to LOR Section 4.6.9(C) (1) (b), special parking spaces designed for use by the
handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for
Building Construction. Accessibility for residential structures is covered by the Federal Fair
Housing Act. Pursuant to this act, two percent (2%) of the parking spaces serving the
development must be handicapped accessible and accessible visitor spaces should be provided
at a rate in accordance with the local code. Based upon the 64 parking spaces required, the
development needs to provide a minimum of two (2) handicap accessible parking space and
three (3) handicap accessible parking spaces have been provided. Pursuant to LOR Section
4.6.5 and the Florida Accessibility Code for Building Construction, the height clearance of the
handicap parking areas need to be nine and one-half feet (9.5') to allow the access of handicap
vans. A note to this effect has been placed on the site plan, thus meeting this requirement.
On-Street Parkina:
Although not counted toward meeting the parking requirements for the project, a total of six (6)
public parallel parking spaces are being provided by the developer within the SE 2nd Avenue
right-of-way. Although available to the general public, these spaces should help meet the short
term parking requirements of residents and guests of the project. A maximum time limit of two
(2) hours during the daytime should be imposed by the City to prevent long term parking.
liahtina:
A photometric plan consistent with the requirements of LOR Section 4.6.8 and light polelfixture
details has been submitted for the development proposal. Thus, this requirement has been met.
Bicycle Parkina:
LOR Section 4.6.9(C) (1) (c) and Transportation Element Policy 0-2.2 of the Comprehensive
Plan recommend that a bicycle parking facility be provided. Such facility has been located
along SE 2nd Avenue at the northeast side of the building and thus, this requirement has been
met. Also, pursuant to Transportation Element A-1.3 of the Comprehensive Plan, the applicant
shall provide a bus shelter contribution ($7,500) for the site which is attached as a condition of
approval.
Plat:
A plat must be processed and recorded prior to issuance of a building permit; and this is
attached as a condition of approval.
12
III.F.
Planning and Zoning Board Staff Jort: Meeting - November 21,2005
Conditional Use Requests for Atla. ,de Shores
Minimum Residential Floor Area:
The following table indicates that the proposal complies with LOR Section 4.3.4(K)[Minimum
residential floor area]. There are 9 efficiency dwelling units that range in size from 725 square
feet to 1 ,291 square feet; 10 one-bedroom dwelling units that range in size from 1,096 square
feet to 1,175 square feet; 6 two-bedroom dwelling units that range in size from 1,453 square
feet to 2,342 square feet; 6-three bedroom dwelling units that range in size from 1,672 square
feet to 2,130 square feet; and 4 four-bedroom dwelling units that range in size from 1,978
square feet to 2,572 square feet. Based upon the above, this LOR requirement has been met.
Efficiency 400 725 - 1,291 9 .
1 Bedroom Units 600 1,096 -1,175 10 .
2 Bedroom Units 900 1,453 - 2,342 6 .
3 Bedroom Units 1,250 1,672 - 2,130 6 .
4 Bedroom Units 1,500 1,978 - 2,572 4 .
Vehicular StackinQ Distance:
Pursuant to LOR Section 4.6.9(D)(3)(c)(1), the minimum stacking distance for a parking area
that has 51 or more parking spaces is 50'. The proposed 64-space parking area along the SE
2nd Avenue does not provide the minimum stacking distance to the street right-of-way of SE 2nd
Avenue. This will require a waiver during the site plan review process. The parking garage
provides one access driveway along SE 2nd Avenue. The proposed stacking distance from the
eastern access driveway to SE 2nd Avenue is approximately 44'.
Siaht Visibility Trianales:
Pursuant to LOR Section 4.6.14, the 20' and 40' visibility triangles need to be noted at the
intersections of driveways/rights-of-way and at the intersection of two public rights-of-way. The
sight visibility triangle along S.E. 2"d Avenue has been depicted in the site plan. Thus, this
requirement has been met.
Riaht-of-Way Dedication:
Pursuant to LOR Section 5.3.1 and the Transportation Element of the City's Comprehensive
Plan, the ultimate right-of-way width for S.E. 2nd Avenue is 60' and only 50' of right-of-way
currently exists. For existing streets, the City Engineer, upon a favorable recommendation from
the Development Management Services Group (DSMG), may grant reductions in right-of-way
widths. The applicant shall contact the City Engineer to establish whether dedication for the
ultimate right-of-way width will be required on S.E. 2nd Avenue, which is attached as a condition
of approval.
Alley: Pursuant to LOR Section 5.3.1 (D) (2), the required width of an alley is 20' or the existing
dominant width. Further, pursuant to LOR Section 5.3.1 (D) (3), additional right-of-way width
may be required to promote public safety and welfare; to provide for storm water management;
to provide adequate area for street trees; and to ensure adequate access, circulation and
parking in high intensity use areas. Such a determination shall be advanced by a
recommendation from the City Engineer. The authority for requiring such additional right-of-way
13
III.F.
Planning and Zoning Board Staff JOrt: Meeting - November 21,2005
Conditional Use Requests for Atlo. .<le Shores
shall rest with the body having the approval authority of the associated development application.
The existing alley right-of-way width is 16'. The development proposal will provide a loading-bay
and garbage pick-up off the alley. The City Engineer and DSMG have determined that the width
of the alley should be expanded to a width of 20', which is consistent with the widths provided
with recent redevelopment proposals. Therefore, a dedication of two feet (2') from the subject
property is required and has been depicted on the site plan. Thus, this requirement has been
met.
Refuse Enclosure:
Pursuant to LOR Section 4.6.6(C) (1), dumpsters, recyding 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. The development proposal includes
a dumpster with overhead doors accessible from the abutting alley. The applicant has stated
that maintenance personnel will transfer the trash to the dumpster. Accommodation for bins for
recyclables has been provided.
Street Improvement Obligations:
Pursuant to LOR Section 6.1.2(A) (2) (b), when a street or alley is located on a boundary of a
project, the project is responsible for providing one-half of the current costs (in cash funds) of
such improvements along its property line. The alley which abuts the west side of the subject
property is un-improved at present. Therefore, based upon the above, the project is responsible
for payment of one-half the costs of improvement of the alley which, is attached as a condition
of approval.
Architectural Standards:
It is noted that pursuant to LOR Section 4.6.18(B)(14)(v), buildings subject to the Downtown
Design Guidelines are required to provide a change in roof design, doors and window rhythm
and articulation, and building materials or textures every 150' of building frontage. Minimum
spacing between the same architectural compositions shall be 300'. Determination of
compliance with this development regulation cannot be made at this time. With the submittal of
a site plan application, the applicant will need to submit complete renderings and colored
elevations. It is noted that the three volumetrical variations present on the east elevation (which
have less than a 300' separation) could be considered to be sufficient to meet the separation in
architectural compositions requirement.
Community Redevelopment Agency:
The Community Redevelopment Agency (CRA) reviewed the development proposal at its
meeting of September 22, 2005. The Board recommended approval of the Conditional Use
requests for Height & Density and Site Plan by a vote of 5-0.
Downtown Development Authority:
The Downtown Development Authority (DDA) reviewed the development proposal at its meeting
of October 10, 2005. The Board recommended approval of the Conditional Use requests for
Height & Density.
14
III.F.
Planning and Zoning Board Staff lOrt: Meeting - November 21, 2005
Conditional Use Requests for Atla. IllC Shores
Site Plan Review and Appearance Board (SPRAB):
If the conditional use requests are granted, a site plan application addressing the outstanding
technical comments would need to be approved by the SPRAB. Final action on the site plan will
rest with SPRAB.
Courtesy Notices:
Courtesy notices have been provided to the following homeowner's and/or civic associations
which have requested notice of developments in their areas:
Cl Bill Wood, Delray Beach Chamber of Commerce
Cl Carolyn Zimmerman, President's Council
Cl Gerry Franciosa, Progressive Residents of Delray (P.R.O.D.)
Cl Gail-Lee McDermott, Osceola Park
Public Notice:
Formal public notice was provided to property owners within a 500' radius of the subject
property prior to the Planning and Zoning Board meeting- of November 21, 2005. Letters of
support or objection, if any, will be presented at the Planning and Zoning Board meeting.
The proposed conditional uses are to allow for a mixed-use structure having a height in excess
of 48' (60'-0" is proposed) and to allow for a density in excess of 30 units per acre within the
CBD (41.3 du/ac is proposed). As described in this staff report, the request for additional height
meets with the criteria established in LOR Section 4.3.4(J) (4) (b), and the increase in density
above 30 units per acre, is supportable as the project meets or exceeds the Performance
Standards found in LOR Section 4.4.13(1). The provision of additional residential dwelling units
within the downtown area will further the long term revitalization and stabilization of the CBD.
The proposed use is consistent with the objectives and policies of the Comprehensive Plan and
Chapter 3 of the LDRs. Positive findings can be made with respect to LOR Section 2.4.5(E) (5),
regarding compatibility of the proposed development with the surrounding properties for the
requested increases in building height and density. It is noted that pursuant to LOR Section
4.4.13(1) (1), despite the fact that compliance with the performance standards is possible subject
to the attached conditions, the Board may deny the application for increased density if the Board
does not agree that the proposed changes are compatible in terms of building mass and
intensity of use with surrounding development.
A. Continue with direction.
B. Move a recommendation of approval of the conditional use requests to allow for a building
height in excess of 48' (60'-0") and a density in excess of 30 units per acre (41.3 dulac) for
Atlantic Shores, 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), 4.3.4(J) (4) (b), 4.4.13(1), and Chapter 3 of
the Land Development Regulations, subject to conditions.
C. Move a recommendation of denial of the conditional use requests to allow for a building
height in excess of 48' (60'-0") and a density in excess of 30 units per acre (41.3 du/ac) for
Atlantic Shores, 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
15
III. F.
Planning and Zoning Board Staff JOrt: Meeting - November 21, 2005
Conditional Use Requests for Alia. "Ie Shores
criteria set forth in Sections 2.4.5(E) (5), 4.3.4(J) (4) (b), 4.4.13(1), and Chapter 3 of the Land
Development Regulations.
By Separate Motions:
o Move a recommendation of approval of the conditional use request to allow for a building
height in excess of 48' (60'-0") for Atlantic Shores, 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), 4.3.4(J)
(4) (b), and Chapter 3 of the Land Development Regulations;
o Move a recommendation of approval of the conditional use request to allow for a density in
excess of 30 units per acre (41.3du/ac) for Atlantic Shores, by adopting the findings of fact
and law contained in the staff report, and finding that the request and approval thereof is
consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5),
4.4.13(1), and Chapter 3 of the Land De~elopment Regulations;
With said approvals to be subject to the following conditions:
1. That the outstanding technical comments listed in Appendix "A" are addressed prior to site
plan approval;
2. That a contribution of $7,500 (approximately half the cost of a shelter) is paid prior to
certification of the site plan for the provision of a Palm Tran bus stop shelter;
3. That the project be responsible for payment of one-half the costs of improvement of the alley;
4. That the site plan data includes the ground floor area calculations for parking and vehicular
traffic;
5. That a plat is processed and recorded prior to issuance of a building permit.
6. The applicant shall contact the City Engineer to establish whether dedication for the ultimate
right-of-way width will be required on S.E. 2nd Avenue.
Attachments: Appendix "'A ~ Location Map, Site Plan, Floor Plans, and Architectural Elevations
Staff Reporl Prepared by: Estelio Breto, Senior Planner
16
III.F.
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Planning and Zoning Board Star Jort: Meeting - November 21, 2005
Conditional Use Requests for Atla. ,cic Shores
1. Provide engineering plan prepared by a Florida registered professional engineer.
Engineering plan is to be done on a survey base sheet. All existing facilities are to be
delineated on the engineering plan.
2. Provide accurate site location map.
3. Health Department permits are required for this project. Provide copies of the water
permit and sewer permit.
4. A SFWMD permit is required for this project. Provide copies of permit or a letter of
exception.
5. Provide copy of certified boundary survey.
6. A plat will be required. No building permit will be issued until the plat is recorded.
7. Indicate existing elevations on existing roadway.
8. Indicate proposed finished floor and paving elevations and existing and proposed site
grades.
9. Provide a typical cross section from building to adjacent right-of-way or adjacent
property at all property lines. Pay particular attention to grade differential from proposed
site to existing adjacent properties and show the existing grades on adjacent property.
10. Site is required to retain 5 year 1 hour storm (3.2") in addition to meeting water quality
criteria (1"). Provide signed and sealed drainage calculations and indicate how storm
water will be retained on site.
11. Provide certified exfiltration trench test results.
12. Show nearest existing drainage structures.
13. Indicate on engineering plans how the roof drainage is accommodated.
14. Provide paving cross section.
15. Clearly dimension driveway width. Maximum width of driveway is 24 feet.
16. Clearly indicate on plans the limits and types of all curbing.
17. Parking layout and striping need to follow City of Delray Beach standards. Provide
standard City of Delray Beach parking stall detail.
18. Indicate stop bars and signs at egress drives as well as providing interior traffic control
markings and signage. Clearly indicate onsite traffic control.
19. Clearly indicate limits of right of way and the center line of the road.
17
III.F.
Planning and Zoning Board Staff lOrt: Meeting - November 21, 2005
Conditional Use Requests for AtlCt..lIc Shores
20. Indicate sight distances at all ingress/egress points and all intersections. Sight triangles
should be indicated on landscape plans. Provide copy of the approved landscape plans.
Per section 4.6.14 of LOR's, any landscaping in the site triangle "shall provide
unobstructed cross-visibility at a level between 3' and 6'" this includes tree trunks.
21. Show nearest existing fire hydrants and add any necessary hydrants per fire department
requirements.
22. Provide note that water meter sizes are to be determined by the City of Delray Beach
Utility Department upon building permit application and remove the size indicated on the
engineering plans.
23. Indicate location of existing water service. A RPZ backflow preventor will be required on
the water service. Provide standard city RPZ backflow preventor detail on plans.
24. Provide proposed water meter locations.
25. Engineer is to field verify location, size and depth of existing City of Delray Beach utilities
prior to submitting Final Engineering Plans.
26. Provide on the plans current City of Delray Beach standard construction details as
applicable.
27. All connections to existing water mains shall be made while the water main is under
normal working pressure. If this cannot be accommodated, the design shall incorporate
special provisions such as line-stops to minimize the impact on existing customers.
28. Indicate on plans the location of pigging wyes.
29. Provide on the detail sheet the City's standard Fill and Flush detail.
30. Proposed water main should be looped.
31. Minimum size of water main in City of Delray Beach is 8 inches. Material of proposed
water main is to be Ductile Iron Pipe or C-900.
32. Provide double valves at connection points.
33. Indicate location of irrigation water meters (east of 1-95 only).
34. Provide 12 foot water and sewer easements over water and sewer mains.
35. Indicate location of existing sewer service. A c1eanout will be required on the sewer
service at the right-of-way line and/or easement line.
36. Indicate typical configuration and location of proposed sewer services with c1eanouts.
37. Indicate rim and invert of upstream and down stream manholes of proposed sewer
laterals.
38. Provide all inverts of proposed sewer manholes.
39. Provide signed and sealed calculations indicating that existing lift station and force main
which collects waste from proposed site has sufficient volumetric and pumping capacity;
18
III.F.
Planning and Zoning Board Staff Jort: Meeting - November 21 . 2005
Conditional Use Requests for Atla. .Lle Shores
contact Dan Beatty at 243-7295 for needed information. Also, confirm that downstream
gravity sewer mains have sufficient capacity.
40. Provide signed and sealed calculations indicating that proposed lift station and force
main have sufficient capacity.
41. Provide details on proposed lift station. See City of Delray Beach Standards.
42. Provide details of force main connection to existing manhole.
43. Provide note on both the Engineering Plans and the Landscape plans that there shall be
no trees or shrubs placed within water, sewer or drainage easements.
44. Provide copy of approved Landscape plan.
45. Provide per LDR Section 2.4.3 (F) (4), a composite utility plan that show the location of
all existing and proposed utilities (water, sewer, power, telephone, gas, cable, and
drainage). The composite plan shall be signed by a representative of each utility
provider attesting to the fact that services can be accommodated as shown on the
composite utility plan. The composite plan shall address the responsibility for relocation
of existing services and installation of new services.
46. A minimum 10' general utility easement is to be provided through the property.
47. A certified engineer's estimate will be required for water and sewer improvements. A
110% surety and 2% engineering inspection fees will be required. A Financial
Guarantee and Agreement for Completion of Required Improvements is required. This
agreement can be obtained at www.mydelraybeach.com. For additional information see
Section II of the City of Delray Beach Minimum Construction Standards. Prior to
Certificate of Occupancy and the return of the 110% surety a 10% warranty surety will
be required.
48. Provide a Pollution Prevention Plan. Prior to and during construction of all sites~ the
permitee shall implement and maintain all erosion and sediment control measures
included in the required Pollution Prevention Plan. For projects over One (1) Acre in
size provide a copy of FDEP Notice of Intent.
49. Provide a detailed description of how each of these comments has been addressed with
next submittal, along with two sets of revised plans to the Engineering Department, 434
S. Swinton Avenue.
50. Additional comments may follow upon provision of requested information.
19
III.F.
Proposed Zoning Map if Atlantic Shores and City Initiated
Rezoning are Approved
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MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGERV'!'1
AGENDA ITEM # \ o~ - REGULAR MEETING OF JANUARY 3,2006
ORDINANCE NO. 81-05
TO:
FROM:
DATE:
DECEMBER 30, 2005
This Ordinance is before Commission for second reading and qllanjlldicial hearing for a City initiated
rezoning from CBD-RC (Central Business District-Railroad Corridor) to CBD (Central Business
District) for parcels of land totaling 1.25 acres, located on the east and west sides of S.E. 2nd Avenue,
between S.E. 1 st Street and S.E. 2nd Street.
The property is within the Railroad Corridor area of the CBD-RC district and contains a one-story,
2,311 sq. ft. food processing building built in 1999; a 1,936 sq. ft. warehouse facility built in 1967; a
one-story, 1,560 sq. ft. warehouse structure built in 1967; and a 13,250 sq. ft. warehouse distribution
building built in 1947. Given the sites' location, along the railroad tracks and adjacent to CBD areas,
this area could be considered as an area where increased height should be allowed through the
conditional use process. To achieve this, the CBD-RC designation is being rezoned to CBD.
On November 21, 2005, the Planning and Zoning Board held a public hearing in conjunction with
the request. There was no public testimony. After reviewing the staff report and discussing the
proposal, the Board voted 7-0 to recommend to the City Commission that the rezoning request be
approved. Staff recommends approval based upon the findings of fact and law contained in the
staff report; positive findings with respect to the Goals, Objectives, and Policies of the
Comprehensive Plan; and finding that the request meets the criteria set forth in the Land
Development Regulations (LOR) Section 3.1.1 (Required Findings), Section 3.2.2 (Standards for
Rezoning Actions), and Section 2.4.5(0)(5) (Rezoning Findings).
At the first reading on December 13, 2005, the City Commission passed Ordinance No. 81-05.
Recommend approval of Ordinance No. 81-05 on second and final reading.
S:\City Oerk\agenda memos\Ord 81-05 Lots 713 14-16 Rezoning 010306
fit6cAe-
TO:
THRU:
FROM:
SUBJECT:
D~~
PAUL DORLlNG, DIR OR OF PLANNING AND ZONING
ESTELlO BRETO, SENIOR PLANNER ... nJ~~.
MEETING OF DECEMBER 13, 2005
CITY INITIATED REZONING FROM CBD-RC TO CBD FOR LOT 9. LESS THE SOUTH 7
FEET THEREOF. BLOCK 78. LOT 13, LESS THE NORTH 37 FEET THEREOF AND LOT
14 THROUGH LOT 16. INCLUSIVE. ALL LYING WITHIN BLOCK 78, AND ALL OF
BLOCK 86 LYING WEST OF THE FLORIDA EAST COAST RAILROAD. LESS THE
NORTH 25 FEET FOR STREET RIGHT-OF-WAY TOTALLING 1.25 ACRES. THESE LOTS
ARE LOCATED ALONG THE EAST AND WEST SIDES OF S.E. 2ND AVENUE. BETWEEN
S.E. 1ST STREET AND S.E. 2ND STREET.
The proposal includes a City initiated rezoning from CBD-RC (Central Business District - Railroad Corridor)
to CBD (Central Business District) for 1.25 acres site which involves Lot 9, less the North 7 feet thereof,
block 78, Lot 13 less the North 37 feet thereof and Lot 14 through Lot 16, inclusive, all lying within Block 78,
and all of Block 86 lying West of the Florida East Coast Railroad, less the North 25 feet for street right-of-
way.
The 1.25 acres site is within the Railroad Corridor area of the Central Business District (CBD-RC) and
contains: a one-story 2,311 sq. ft. food processing building built in 1999, a 1,936 sq. ft. warehouse facility
built in 1967, a one-story 1,560 sq. ft warehouse structure built in 1967, and a 13,250 sq. ft. warehouse
distribution building built in1947. Given the sites' location along the railroad tracks and adjacent CBD areas
it would appear this area could be considered as an area where increased height should be allowed through
the conditional use process. To achieve this, the CBD-RC (Central Business District - Railroad Corridor)
designation is being rezoned to CBD (Central Business District). Additional background and analysis of the
request can be found in the attached Planning and Zoning Board Staff Report.
At its meeting of November 21, 2005, the Planning and Zoning Board held a public hearing in conjunction
with the rezoning request. There was no public testimony for or against the City initiated rezoning. After
reviewing the staff report and discussing the proposal the Board unanimously voted 7-0 to recommend
approval of the rezoning from CBD-RC (Central Business District - Railroad Corridor) to CBD (Central
Business District) for properties located along the east and west sides of S.E. 2nd Avenue, based on positive
findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning
Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan.
By motion, approve on first reading the ordinance to rezone property from CBD-RC (Central Business
District - Railroad Corridor) to CBD (Central Business District) based upon 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 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations.
Attachments: Staff Report prepared for the P & Z meeting of November 21, 2005 & Proposed Ordinance
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CITY INITIATED REZONING
[::l CITY INITIATED REZONING
MAP REf: LM882
ORDINANCE NO. 81-05
AN ORDINANCE OF THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, REZONING AND
PLACING LAND PRESEN1LY ZONED CENTRAL
BUSINESS DISTRICT- RAILROAD CORRIDOR (CBD-RC)
DISTRICT TO CENTRAL BUSINESS (CBD) DISTRICT;
SAID LAND BEING PARCELS LOCATED ON THE EAST
AND WEST SIDES OF SE 2ND AVENUE, BElWEEN SE 1 Sf
STREET AND SE 2ND STREET, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRA Y BEACH, FLORIDA, APRIL 2005"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated April 2005, as being zoned Central Business District -Railroad
Corridor (CBD-RC) District; and
WHEREAS, at its meeting of November 21, 2005, the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted
7 to 0 to recommend that the property hereinafter described be rezoned, based upon positive
findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
furthers the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of Central Business (CBD) District for the
following described property:
Lot 9, less the South 7 feet thereof, Block 78, Town of Linton (now Delray) according to
the plat as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County,
Florida
Together With
Lot 13, less the North 37 feet thereof and Lot 14 through Lot 16, inclusive, all lying within
Block 78 Town of Linton (now Delray), according to the Plat thereof recorded in Plat Book
1, Page 3, of the Public Records of Palm Beach County, Florida.
Together With
All of Block 86 lying west of the Florida East Coast Railroad, less the North 25 feet for
street right-of-way, Town of Linton (now Delray), Palm Beach County, Florida, according
to the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach
County, Florida.
Section 3. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to confonn
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.
2
ORD NO. 81-05
PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of ,200_.
ATIEST
MAYOR
City Clerk
First Reading
Second Reading
3
ORD NO. 81-05
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
November 21,2005
III. E.
A privately sponsored rezoning involving a portion of Lot 9, 10, 11, 12, and a
portion of Lot 13 of Block 78; and a City initiated rezoning involving a portion of
Lot 9 Block 78, the South 39.5 feet of Lot 13 and North 18.5 feet of Lot 14 Block
78, the South 58 feet of Lot 14 Block 78, Lots 15 and-16 Block 78, and a portion
Block 86. Both rezonings are from Central Business District - Railway Corridor
(CBD-RC) to Central Business District (CBD) (Quasi-Judicial Hearing).
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GENERAL DATA:
Owner/Applicant............ Nate Hollander
Agent............................. Weiner & Aronson, P.A.
Location......................... Along East and West Side of SE
2nd Avenue, Approximately 80'
South of SE 1st Street.
Property Size................. 0.85 Acres
Future Land Use Map.... Commercial Core (CC)
Current Zoning............... Central Business District Railway
Corridor( CBD-RC)
Adjacent Zoning North: Central Business District (CBD)
South: Central Business District Railway
Corridor( CBD-RC)
East: Central Business District (CBD)
West: Central Business District (CBD)
Existing Land Use.......... Retail stores and warehouse
distribution facilities.
Proposed Land Use....... Multiple Family Residential
Water Service................ Available Via a service lateral
connection to the existing 8" water
main located within the SE 2nd
Avenue right-of-way.
Sewer Service................ Available via a service lateral
connection to the existing 8"
sanitary sewer main located within
the adjacent alley to the west.
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The action before the Board is that of making a recommendation to the City Commission on a
City initiated rezoning which includes five different parcels involving a portion of Lots 9, 13, and
14 of Block 78, Lots 15 and 16 of Block 78 and a portion of Block 86, and is in conjunction with
a privately initiated rezoning (a portion of Lot 9, 10, 11, 12, and a portion of Lot 13 of Block 78).
The City initiated rezoning areas are located along the east and west sides of S.E. 2nd Avenue.
The change in zoning is from CBD-RC (Central Business District - Railway Corridor) to CBD
(Central Business District). -
Pursuant to Land Development Regulations (LOR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning and Zoning Board) shall review and make a recommendation to the City
Commission with respect to a FLUM amendment and Rezoning of any property within the City.
The proposal involves two sites:
1) A privately initiated rezoning from CBD-RC (Central Business District - Railway Corridor) to
CBD (Central Business District) of five different parcels involving 0.85 acres site which
includes:
. The south 7' of Lot 9, Lot 10 and the north 53' of Lot 11, Block 78, DelrayBeach (0.425
Acre );
. The south 23.5' feet of Lot 11, and Lot 12, less the south 23.5 feet of said Lot 12, Block
78, City of Delray Beach, formerly known as the Town of Linton (0.236 acre);
. The south 23.5 feet of Lot 12, and the north 37 feet of Lot 13, Block 78, of Delray
Beach; and
2) A City initiated rezoning from CBD-RC (Central Business District - Railway Corridor) to CBD
(Central Business District) from 0.757 acres site which involves:
. The North 69.5 feet of Lot 9 Block 78, containing a total of 0.22 acre.
. The South 39.5 feet of Lot 13 and North 18.5 feet of Lot 14 Block 78, containing a total
of 0.044 acre.
. The South 58 feet of Lot 14 Block 78, containing a total of 0.036 acre.
. Lots 15 and 16 Block 78, containing a total of 0.304 acre.
. All West of Railway Block 86 (less the North 25 feet of the street right-of-way),
containing a total of 0.153 acre.
The privately initiated 0.85 acre site is within the Railway Corridor area of the Central Business
District (CBD-RC) and contains: a one-story 4,410 sq. ft. retail store building built in 1962, a.
5,508 sq. ft. warehouse distribution facility built in 1959, and a one-story 1,440 sq. ft warehouse
structure built in 1961. All three structures are to be demolished and replaced with a proposed
multiple family residential development known as Atlantic Shores. A conditional use request is
also included on this agenda to allow an increase height to 60'. The overlay zones which allow
this increase are limited to CBD and not the current CBD-RC designation.
The 0.76 acre City initiated site is also within the Railway Corridor area of the Central Business
District (CBD-RC) and contains: a one-story 2,311 sq. ft. food processing building built in 1999,
a 1,936 sq. ft. warehouse facility built in 1967, a one-story 1,560 sq. ft warehouse structure built
III.E.
Planning and Zoning Boarc!'aff Report: Meeting of 11/21/05
Atlantic Shores - Rezoning trom CBO-RC to CBO
in 1967, and a 13,250 sq. ft. warehouse distribution building built in1947. The proposed
rezoning requests are now before the Board for action.
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 reeord. This may be
achieved through information on the application, the staff report, or minutes. Findings
shall be made by the body which has the authority to approve or deny the development
application. These findings relate to the Future land Use Map, Concurrency,
Comprehensive Plan Consistency and Compliance with the land Development
Regulations.
o Future Land Use Map: The resulting use of land or structures must be allowed in the
zoning district within which the land is situated and said zoning must be consistent
with the applicable land use designation as shown on the Future land Use Map.
The proposed zoning designation of CBO (Central Business District) is consistent with the
proposed Commercial Core (CC) FLUM designation, and mixed-use developments are
allowed as a permitted use within the CBO zoning district. Based on the above, positive
findings can be made with respect to FLUM consistency.
o Concurrency: Concurrency, as defined pursuant to Objective B-2 of the Future land
Use Element of the Comprehensive Plan, must be met and a determination made that
the public facility needs 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 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.
The proposal involves amending the zoning designations from Central Business District
(CBD-RC) to CBD (Central Business District) on several adjoining parcels, which totals
approximately 1.607 acres. Concurrency findings with respect to Drainage, Parks and
Recreation, Solid Waste, Streets and Traffic, and Water and Sewer are discussed below:
OrainaQe: With a rezoning request drainage plans are not required. With redevelopment of
the site, drainage plans will be submitted; however there are no problems anticipated in
retaining drainage on site and obtaining any/all necessary permits.
Parks and Open Space: The Open Space and Recreation Element of the City's
Comprehensive Plan indicates in the conclusion that "The City will have sufficient recreation
facilities at build-out to meet the adopted standards". Non-residential uses are not
considered to have an impact on the City's Parks and Recreation facilities. However, any
proposed residential dwelling units would be assessed a Parks and Recreation impact fee
of $500 per unit at the time of building permit.
Solid Waste: The Solid Waste Authority has indicated that its facilities have sufficient
capacity to handle all development proposals until the year 2021.
2
litE.
Planning and Zoning Boan: ..aff Report: Meeting of 11/21/05
Atlantic Shores - Rezoning trom CBO-RC to CBO
Streets and Traffic: The subject property is located within the City's Transportation
Concurrency Exception Area (TCEA), which encompasses the CBO, CBO-RC, OSSHAO,
and West Atlantic Avenue Business Corridor. The TCEA exempts the above-described
areas from complying .with the Palm Beach County Traffic Performance Standards
Ordinance. Therefore, a traffic study is not required for concurrency purposes; however a
traffic statement is necessary to keep a record of trips approved in the TCEA and for
calculation of traffic impact fees. A traffic statement was submitted for the generation of 39
AM peak hour trips and 45 PM peak hour trips.
Water and Sewer: Water service is available via service lateral connections to an existing
8" water main within S.E. 2nd Avenue right-of-way. Two (2) fire hydrants presently exist on
the west side of S.E. 2nd Avenue: one at the northeast side of the property and a second
one on the southeast side of the site. Sewer service is available via service lateral
connections to an existing 8" sanitary sewer main within the west alley right-of-way.
Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water
Treatment Plant and the South Central County Waste Water Treatment Plant for the City at
build-out. Based upon the above, positive findings can be made with respect to this level of
service standard.
o Consistency: Compliance with the performance standards set forth in LOR Section
3.2.2, along with the required findings in LOR Section 2.4.5(O} (5), shall be the basis
upon which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in making a finding
of overall consistency.
LOR Section 3.2.2: Standards A, 8, C and E are not applicable. The applicable
performance standard of LOR Section 3.2.2 is as follows:
(O) 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
su~ject property:
Zonina: Use:
North Central Business District (CBD) Food Processing Company
South Central Business District-Railroad Corridor (CBD-RC) Warehouse/Distribution
East Central Business District (CBD) Stores/Commercial/Retail
West Central Business District (CBD) Future Site of Miraflores Residential
Develooment
As noted in the above table, the surrounding properties are zoned either CBO or CBO-RC, and
pursuant to LOR Section 4.4.28, many of the permitted and conditional uses within the CBO are
allowable within the CBO-RC. Given the sites location along the railroad tracks and adjacent
CBO areas, it would appear this area should be considered as an area where increased height
could be considered. To achieve this, the CBO-RC (Central Business Oistrict - Railway
Corridor) designation could be modified to be included in the areas allowing the increases or
the area could be rezoned to CBO (Central Business District). Given the prevailing land use
3
III. E.
Planning and Zoning BoarGaff Report: Meeting of 11/21/05
Atlantic Shores - Rezoning from CBD-RC to CBD
patterns it appears more appropriate to modify the zoning to CBD. Therefore, the proposed
rezoning of the subject property from Central Business District (CBD-RC) to Central Business
District (CBD) poses no incompatibilities with the surrounding properties. The development
proposal will significantly enhance the aesthetics of the subject property unifying several
parcels under a single development. Further, the neighborhood and the downtown as a whole
will benefit by the inclusion of new residential dwelling units. Based upon the above, positive
findings with regard to LDR Section 3.2.2(0) could be made.
LOR Section 2.4.5(0) (5) - Rezonina Findinas:
Pursuant to LDR Section 2.4.5(D) (5), in addition to provisions of Chapter Three, the City
Commission must make a finding that the rezoning fulfills one of the reasons for which the
rezoning change is being sought. These reasons include the following:
(a) That the zoning had previously been changed, or was originally established, in error;
(b) That there has been a change in circumstances which make the current zoning
inappropriate; or
(c) That the requested zoning is of similar intensity as allowed under the Future Land Use
Map and that it is more appropriate for the property based upon circumstances
particular to the site and/or neighborhood.
The following is an excerpt from the applicant's justification statement:
"Although the zoning has not been previously changed or originally established in error,
we believe that the planning policy which states that the subject property is not entitled
to receive a bonus for additional height as its neighboring CBO properties, is a policy
error. Obviously, one of the places the City Commission has continued to support
height increases are properties on the railroad tracks. Therefore the fact that this
property is not entitled to an increase in height under Section 4.3.4(J)(4) of the LOR's is
indeed an error which was overlooked at the time the Ordinance was approved.
There has been a change in circumstances which makes the current zoning
inappropriate. The property directly to the east which is located in the CBO District
recently received approvals for increased height and density. It is inappropriate that
LOR Section 4.3.4(J)(4) does not allow the subject property on the rail road tracks to be
eligible for an increase in height even though the requirements under the LOR's are met.
Thus, the current zoning is inappropriate':
The requested zoning is of similar intensity as allowed under the Future Land Use Map
and is more appropriate for the subject property based upon circumstances particular to
the site and/or neighborhood. As previously stated, the property directly to the east is
already zoned CBO. Moreover, the Future Land Use Map already designates both of
these properties as Commercial Core (CC). In order to match the zoning map with the
Future Land Use Map, it is more appropriate for the subject property based upon the
circumstances particular to the site and neighborhood to be zoned CBO (Central
Business District) and should be entitled to receive approval for additional height ".
According to the applicant, the basis for which the rezoning is being sought relates to reasons
(a), (b) and (c). While staff disagrees with the applicant that the inability to seek conditional use
approval to increase height on this parcel is a policy error, the sites' location along the railroad
4
III.E.
Planning and Zoning Boardllff Report: Meeting of 11/21/05
Atlantic Shores - Rezoning from CBD-RC to CBD
tracks and its proximity to adjacent CBD areas would appear to make this area as one where
increased height could be considered. The change in circumstances, in relation to the
prevailing land use patterns to the east, also appears to indicate that it is more appropriate to
modify the zoning of the subject property to CBD.
If consideration is given to modify the zoning designations, then a designation consistent with
the prevailing Future Land Use Map designation of Commercial Core (CC) to the north and
west should be given. The proposed FLUM (CC) and zoning (CBD) designations are of
identical intensity as the surrounding properties. Further, the zoning is appropriate for the
subject property as it will further the goals and objectives of the Downtown Dekay Beach Master
Plan and Comprehensive Plan by enabling the provision of additional housing in the downtown
area. Thus, the request fulfills the necessary rezoning findings as per LDR Section 2.4.5(0)
(5).
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 Obiective A-1: Property shall be developed or redeveloped in a
manner so that the future use and intensity is appropriate in terms of soil, topographic
and other applicable physical considerations; is complimentary to adjacent land uses;
and fulfills remaining land use needs.
Future land Use Element Obiective A-1: Property shall be developed or redeveloped in a
manner so that the future use and intensity is appropriate and complies in terms of soil,
topographic, and other applicable physical considerations, is complimentary to adjacent
land uses, and fulfills remaining land use needs.
The proposed CBD zoning will be complimentary with the future surrounding residential and
commercial developments (Miraflores, Bamboo North/South, and The Strand) and provide a
customer base for the businesses on a year-round basis, which in turn will provide economic
stability and growth for the downtown area.
In terms of fulfilling remaining land use needs, the Housing Element of the Comprehensive Plan
states the following:
"One of the most important objectives of the City's overall housing policy is the
establishment of housing in the downtown area. In the years since adoption of the 1989
Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally
oriented shopping district to a vibrant year-round retail, service, and entertainment area
with an active nightlife. A critical missing element is a significant housing development.
The City recognizes the importance of providing housing in close proximity to shopping,
employment, and transportation, and the need to have a residential base to support the
businesses in the downtown area".
The proposed CBD zoning of the subject property will help to fulfill this stated land use need by
allowing residential dwelling units in the downtown area in close proximity to shopping and
place of work, and is therefore consistent with this policy.
HousinQ Element Obiective 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
5
litE.
Planning and Zoning Boardlff Report: Meeting of 11/21/05
Atlantic Shores - Rezoning from CBD-RC to CBD
housing needs identified in this Element. Policies, which will implement this objective,
include:
Housinq Element Policy .B-2.6: Housing in and near the downtown area, in close
proximity to employment opportunities and services, is a critical need. In order to help
stimulate demand for new housing in and around the Central Business District, the
development of new rental housing projects outside of the TCEA and North Federal
Highway area is discouraged.
The proposed CBD zoning of the subject property is consistent with Housing Element Policy B-
2.6 as it will allow the desired type of residential development within the CBD, while the current
CBD-RC zoning does not allow to seek conditional use approval to increase height to 60'.
Housinq 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.
As noted previously, the proposed CBD zoning of the subject property will aid in the
revitalization and economic stability of the downtown area. The introduction of additional
residential dwelling units will increase safety of the area by introducing more night time activity
and more "eyes on the street" as a deterrent to criminal behavior.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Future redevelopment of the 0.85 (privately initiated rezoning) acre parcel of land can occur in
accordance with the City's Land Development Regulations. During the site plan review process
the development proposal will be reviewed for compliance with the LDR. The applicant has
indicated intent to develop the subject property multiple family residential development which
will include the construction of a five-story residential building with a 64 spaces parking garage
on the ground floor; installation of 6 parallel parking spaces along 2nd Avenue; and residential
dwelling units on the second, third, fourth and fifth levels (35 dwelling units in total). The
proposal is permissible under the- proposed CBD zoning designation. A conditional use approval
is being sought by the applicant to allow an increase in density to 41.30 du/ac and an increase
in height from 48 to 60 feet (also on this agenda for consideration). At this time, no issues have
been identified which would prohibit compliance with the requirements of the CBD zoning
district. Given the above, a positive finding with respect to compliance with the Land
Development Regulations can be assumed.
Community Redevelopment Agency:
The Community Redevelopment Agency (CRA) reviewed the rezoning request at its meeting of
November 11, 2005. The Board recommended approval of the rezoning requests from Central
Business District - Railway Corridor (CBD-RC) to Central Business District (CBD) by a vote of 5
to O.
6
III.E.
Planning and Zoning Board, \ff Report: Meeting of 11/21/05
Atlantic Shores - Rezoning from CBD-RC to CBD
Downtown Development Authority:
The Downtown Development Authority (DDA) reviewed the rezoning request at its meeting of
November 14, 2005. The Board recommended approval of the rezoning requests from Central
Business District - Railway Corridor (CBD-RC) to Central Business District (CBD).
Site Plan Review and Appearance Board (SPRAB):
If the rezoning and conditional use requests are granted, a site plan application addressing the
outstanding technical comments would need to be approved by the SPRAB. Final action on the
site plan will rest with the SPRAB.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
o Bill Wood, Delray Beach Chamber of Commerce
o Carolyn Zimmerman, President's Council
o Gerry Franciosa, Progressive Residents of Delray (P.R.O.D.)
o Gail-Lee McDermott, Osceola Park
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Letters of support or objection, if any, will be presented at the Planning and Zoning
Board meeting.
The proposed rezoning from Central Business District - Railway Corridor (CBD-RC) to Central
Business District (CBD) is consistent with the goals, objectives and/or policies of the Downtown
Delray Beach Master Plan, Comprehensive Plan, and LDR Sections 2.4.5(D) (5), 3.1.1 and
3.2.2(D). Positive findings can be made with respect to Concurrency and Compatibility with the
surrounding land uses. The rezoning will also allow a multiple family residential development
which will include the construction of a five-story residential building with a 64 ~aces parking
garage on the ground floor; installation of 6 parallel parking spaces along 2" Avenue; and
residential dwelling units on the second, third, fourth and fifth levels (35 dwelling units in total).
This development proposal would also result in the fulfillment of Housing Element Policy B-2.6
of the Comprehensive Plan which indicates the provision of housing in and near the downtown
area as a critical need. Based upon the above, the proposed rezoning should be recommended
for approval.
ALTE
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for:
. A privately sponsored rezoning involving a portion of Lot 9, 10, 11, 12, and a portion of
Lot 13 of Block 78 from Central Business District - Railway Corridor (CBD-RC) to
7
III.E.
Planning and Zoning Board aft Report: Meeting of 11/21/05
Atlantic Shores - Rezoning from CBD-RC to CBD
Central Business District (CBD). The properties are located on the east side of S.E. 2nd
Avenue, 80 feet south of S.E. 1st Street (approximately 0.85 acres); and
. A City initiated rezoning involving five parcels of land that consists of:
1. The North 69.5 feet of Lot 9 Block 78, containing a total of 0.22 acres.
2. The South 39.5 feet of Lot 13 and North 18.5 feet of Lot 14 Block 78, containing
a total of 0.044 acres.
3. The South 58 feet of Lot 14 Block 78, containing a total of G.036 acres.
4. Lots 15 and 16 Block 78, containing a total of 0.304 acres.
5. All West of Railway Block 86 (less the North 25 feet of the street right-of-way),
containing a total of 0.153 acres.
from Central Business District - Railway Corridor (CBD-RC) to Central Business District
(CBD) for the properties described above, by adopting the findings of fact and law contained
in the staff report, and finding that the request and approval thereof is consistent with the
Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and
3.2.2 of the Land Development Regulations.
C. Move a recommendation of denial to the City Commission for
. A privately sponsored rezoning involving a portion of Lot 9, 10, 11, 12, and a portion of
Lot 13 of Block 78 from Central Business District - Railway Corridor (CBD-RC) to
Central Business District (CBD). The properties are located on the east side of S.E. 2nd
Avenue, 80 feet south of S.E. 1st Street (approximately 0.85 acres); and
. A City initiated rezoning involving five parcels of land that consists of:
1. The North 69.5 feet of Lot 9 Block 78, containing a total of 0.22 acres.
2. The South 39.5 feet of Lot 13 and North 18.5 feet of Lot 14 Block 78, containing
a total of 0.044 acres.
3. The South 58 feet of Lot 14 Block 78, containing a total of 0.036 acres.
4. Lots 15 and 16 Block 78, containing a total of 0.304 acres.
5. All West of Railway Block 86 (less the North 25 feet of the street right-of-way),
containing a total of 0.153 acres.
Move a recommendation of approval to the City Commission for the privately sponsored
request for:
. A privately sponsored rezoning involving a portion of Lot 9, 10, 11, 12, and a portion of
Lot 13 of Block 78 from Central Business District - Railway Corridor (CBD-RC) to
Central Business District (CBD). The properties are located on the east side of S.E. 2nd
Avenue, 80 feet south of S.E. 1st Street (approximately 0.85 acres); and
. A City initiated rezoning involving five parcels of land that consists of:
1. The North 69.5 feet of Lot 9 Block 78, containing a total of 0.22 acres.
2. The South 39.5 feet of Lot 13 and North 18.5 feet of Lot 14 Block 78, containing
a total of 0.044 acres.
8
III.E.
Planning and Zoning Board aff Report: Meeting of 11/21/05
Atlantic Shores - Rezoning from CBD-RC to CBD
3. The South 58 feet of Lot 14 Block 78, containing a total of 0.036 acres.
4. Lots 15 and 16 Block 78, containing a total of 0.304 acres.
5. All West of Railway Block 86 (less the North 25 feet of the street right-of-way),
containing a total of 0.153 acres.
from Central Business District - Railway Corridor (CBD-RC) to Central Business District (CBD)
for the properties described above, by adopting the findings of fact and law contained in the
staff report, and finding that the request and approval thereof is consistent with the
Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of
the Land Development Regulations.
Attachments: Location Map
staff Report Prepared by: Este/io Breto, Senior Planner
9
III.E.
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MAP REf: W882
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGERor1
AGENDA ITEM # \'aE. - REGULAR MEETING OF JANUARY 3,2006
ORDINANCE NO. 59-05 (REZONING - LEE BURKE PROPERTY)
DECEMBER 30, 2005
TO:
SUBJECT:
DATE:
lbis Ordinance is before Commission for second reading and quasijudicial hearing for a City initiated
rezoning from R-1-A (Single Family Residential) to RM (Medium Density Residential) for a 0.5 acre parcel
of land for the Lee Burke Property, located on the north side of Linton Boulevard, approximately 660 feet
west ofS.W. 4th Avenue.
The property contains an existing single family residence and is located within the SouthridgejS.W. 4th
Avenue Redevelopment Area. With the adoption of the SouthridgejS.W. 4th Avenue Redevelopment plan
on June 13, 1999, the Redevelopment Area #3 Future Land Use Map (pLUM) designation and R-1-A
zoning designation were retained as a "holding" zone until a specific development proposal was submitted.
A development proposal has been submitted to construct a multiple family development that will include
workforce housing on the adjacent vacant 7.05 acres known as Lintco properties. Rather than leave this
remaining 0.5 acre parcel zoned R-1-A, it appears appropriate to include this parcel with the privately-
initiated FLUM amendment and rezoning proposal, which were approved by Commission as part of
Comprehensive Plan Amendment 2005-2 and Ordinance No. 60-05.
On July 18, 2005, the Planning and Zoning Board held a public hearing in conjunction with the request.
There was no public testimony. After reviewing the staff report and discussing the proposal, the Board
voted 6-0 to recommend to the City Commission that the rezoning request be approved. Staff
recommends approval based upon the findings of fact and law contained in the staff report, finding that
the request is consistent with the Goals, Objectives, and Policies of the Comprehensive Plan, and finding
that the request meets the criteria set forth in the Land Development Regulations (LDR) Section 3.1.1
(Required Findings), Section 3.2.2 (Standards for Rezoning Actions), and Section 2.4.5(D)(5) (Rezoning
Findings).
At the first reading on August 2, 2005, the City Commission passed Ordinance No. 59-05.
Recommend approval of Ordinance No. 59-05 on second and final reading.
S:\City Clerk\agenda memos\Ord 59-05 Lee Burke Rezoning 010306
~
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER .D 0[",,- /J,.-4K-
PAUL DORLlNG, DIRECTOR OF PLANI~{llGllqff~~IN~ ~
JEFFREY A. COSTELLO, ASSISTANT PLANNING DIRECT (JI
MEETING OF AUGUST 2, 2005
CITY-INITIATED REZONING FROM R-1-A (SINGLE FAMILY RESIDENTIAL) TO RM
(MEDIUM DENSITY RESIDENTIAL) FOR THE LEE BURKE PROPERTY LOCATED
ON THE NORTH SIDE OF LINTON BOULEVARD, APPROXIMATELY 660 FEET
WEST OF S.W. 4TH AVENUE.
The subject property is a 0.5 acre parcel, which contains an existing single family residence. The
property is located within the Southridge/S.W. 4th Avenue Redevelopment Area. With the adoption of
the Southridge/S.W. 4th Avenue Redevelopment plan on June 13, 1999, the Redevelopment Area #3
Future Land Use Map designation and R-1-A (Single Family Residential) zoning designation were
retained as a "holding" zone until a specific development proposal was submitted. A development
proposal has been submitted to construct a multiple family development that will include workforce
housing on the adjacent vacant 7.05 acres known as Lintco properties. Rather than leave this
remamlng 0.5 acre parcel zoned R-1-A, it appears appropriate to include this parcel with the privately-
initiated FLUM amendment and rezoning proposal, which is also before the City Commission for
consideration.
At its meeting of August 2, 2005, the City Commission will also consider the associated FLUM
amendment for the property in conjunction with Comprehensive Plan Amendment 2005-2. If approved
on first reading, the second reading of the rezoning ordinance will occur at the same meeting as the
adoption of the Comprehensive Plan amendment. Additional background and analysis of the requests
are found in the attached Planning and Zoning Board Staff Report.
At its meeting of July 18, 2005, the Planning and Zoning Board held a public hearing in conjunction
with the FLUM amendments and Rezonings. There was no public testimony regarding the requests.
After reviewing the staff report and discussing the FLUM amendment and rezoning, the Board voted
6-0 to recommend to the City Commission approval of the proposed FLUM Amendment from RDA #3
(Redevelopment Area #3) to MD (Medium Density Residential) and Rezoning from R-1-A (Single
Family Residential) to RM (Medium Density Residential) for the Lee Burke Property, by adopting the
findings of fact and law contained in the staff report, and finding that the requests are consistent with
the Goals, Objectives and Policies of the Comprehensive Plan and meet criteria set forth in Section
2.4.5(0)(5), Section 3.1.1 (Required Findings) and Section 3.2.2 (Standards for Rezoning Actions) of
the Land Development Regulations.
Move approval on first reading, the ordinance for the proposed rezoning from R-1-A (Single Family
Residential) to RM (Medium Density Residential), by adopting the findings of fact and law contained in
the staff report, and finding that the request is consistent with the Goals, Objectives and Policies of
the Comprehensive Plan and meets criteria set forth in Section 2.4.5(0)(5), Section 3.1.1 (Required
Findings) and Section 3.2.2 (Standards for Rezoning Actions) of the Land Development Regulations.
Attachments: Planning and Zoning Board Staff Report of July 18, 2005 & Proposed Ordinance
l ~C-.
ORDINANCE NO. 59-05
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED R-l-A (SINGLE
FAMILY RESIDENTIAL) DISTRICT TO RM (MEDIUM
DENSITY RESIDENTIAL) DISTRICT; SAID LAND BEING
A PARCEL LOCATED ON THE NORTH SIDE OF LINTON
BOULEVARD, 660 FEET WEST OF SW 4TH AVENUE AS
MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRA Y BEACH,
FLORIDA, APRIL 2005"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated April 2005, as being zoned R-l-A (Single Family Residential)
District; and
WHEREAS, at its meeting of July 18,2005, the Planning and Zoning Board for the City of
Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0 to
recommend that the property hereinafter described be rezoned, based upon positive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
furthers the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of RM (Medium Density Residential)
District for the following described property:
East 139 feet of the west 638 feet of the south 208 feet of the south half (S %) of
Lot 8, Model Land Company's Subdivision of Section 20, Township 46 South,
Range 43 East, Pahn Beach County, Florida (Less the south 53 feet for road R/W).
Section 3. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform
with the provisions of Section 2 hereof.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 6. That this ordinance shall become effective immediately upon the effective date of
Ordinance 56-05, under which official land use designation of MD (Medium Density Residential 5-
12 du/ac) is affixed to the subject parcel hereinabove described.
PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of , 200_.
MAYOR
ArrEST
Acting City Clerk
First Reading
Second Reading
2
ORD NO. 59-05
PLANNING AND ZONING BOARD
:CITY OF DELRA Y BEACH ---STAFF REPORT ---
MEETING DATE: July 18.2005
AGENDA ITEM: IV.D.(2)(c) and I.V.D(2)(d)
ITEM: Future Land Use Map amendment from RDA-3 (Redevelopment Area #3) to
MD (Residential Medium Density 5-12 du/ac) and rezoning from R-1-A (Single
Family Residential) to RM (Medium Density Residential) for the Lee property and
Lintco multi-family site, located at the northwest corner of Linton Boulevard and SW
4lhAvenue. (Quasi-Judicial Hearing)
GENERAL DATA:
Owner...................................... Burke Lee and Lintco
Applicant............. ........................ Lee Property: City-initiated
Lintco Property: Privately-
initiated
Location..............._...................... Northwest corner of Linton
Boulevard and SW 4th Avenue
Property Size.............................. 0.5 acre (Lee Property)
7.05 acres (Lintco Property)
Existing Future Land Use Map.. RDA-3 (Redevelopment Area #3)
Proposed F.LU.M.................... MD (Residential Medium Density,
5-12 du/ac)
Existing Zoning........................... R-1-A (Single Family Residential)
Proposed Zoning..................... RM (Medium Density Residential)
Adjacent Zoning................North: RM & R-1-A
East: POD (Professional Office District)
& MIC (Mixed Industrial and
Commercial)
South: PC (Planned Commercial)
West: CF (Community Facilities) & R-1-
A
Existing Land Use...................... Vacant and Single Family
Residence
Proposed Land Use.................... Future Land Use Map
Amendment and Rezoning to
accommodate a proposed'
multiple family development that
will contain workforce housing.
Water Service............................. n/a
Sewer Service............................. nfa
LINTON
80ULEVARD
THE
V1NINGS
- --- .- .~--- ~~ -- - - ~ ~ ~ ~ ~ - - - ~.,.- ---~~~- -~--~~- -- ---< -- ~ ~ -~ -
~"- ~~._~~~~_~~=~~~~~~:~~ ~,~. ~i;-i. r k1-~:1~~~rp~/~_;\;~~~~~~
The action before the Board is that of making a recommendation to the City Commission on the
following Future Land Use Map Amendments from RDA-3 (Redevelopment Area #3) to MD (Medium
Density Residential 5-12 du/ac) and Rezoning from R-1-A (Single Family Residential) to RM (Medium
Density Residential) for properties generally located at the north west comer of Linton Boulevard and
SW 4ltl Avenue:
)
The Future Land Use Map Amendments involve thirteen (13) parcels totaling 7.55 acres (See
attached Map):
o Area A - Untco Property: A privately-initiated request involving thirteen (12) parcels containing a
total of 7.05 acres. -
o Area B - Burke Lee Property: A City-initiated request involving a 0.5 acre parcel.
Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board
shall review and make a recommendation to the City Commission with respect to FLUM Amendments
or Rezoning of any property within the City.
~-~~
The proposal involves 13 parcels, which are located within the Southridge/S.W. 4th Avenue
Redevelopment Area. These lots are unplatted and undeveloped, except for an existing single family
house (0.5 acre parcel) next to the Fire Station. The vacant parcel consists of 12 acres under one
ownership (7.05 acres) and the existing single family residence next to the fire station is under
separate ownership (0.5 acres).
..)......
".
On January 9, 1978, the Burke Lee Property containing the single family residence was annexed into
the City with the R-1-A zoning designation. The Untcopropertywas annexed into the City on October
11, 1998 as part of the Enclave Act (Enclave #34) with the R-1-A {Single Family Residential zoning
"-
designation. . ,
With the adoption of the Southridge/S.W. 4th Avenue Redevelopment plan on June 13, 1999, the
Redevelopment Area #3 Future Land Use Map designationandR-1-A (Single Family Residential)
zoning designation were retained as a "holding" zone until a. specific development proposal is
submitted. A development proposal has been submitted to construct a' multiple .family development
that will contain workforce housing on the Untco properties. Rather than leave the remaining 0.5 acre
lot R-1-A it is appropriate to rezone the parcel with the privately-initiated proposal. .
r- _ _~ ~____...-__~_~_~~-v-~_--""",,""''''~~~__~ ~_""",,~~_ ~ ~_ ____ ~_ ~~~~_~~~o __~~___.....,,_"'_ ~~ - -_~ n_,..,..~ -^,..---- - - ~,~~~-~""
L~_~ ~_, ~u,~~~,~~~&~1~iJTI-:pJs~~j~~~~~~2~ ~~ ~~:; ~~ ~~L~~} ~:I<rH1~t~~~:_~.~~S:.:.:: ~s, ~~~ ~..:G~d~~m~~~~~~J
This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory
limits for consideration of plan amendments{F.S.163~3187)as'partof the City's Comprehensive Plan
Amendment 2005-02.
REQUIRED FINDINGS:
LOR (CHAPTER 3) PERFORMANCE STANDARDS:
.'>'.'.'..'.'
J
Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications,
certain findings must be made in a form which is part of the official record. This may be
Planning and Zoning BO<;lrd Staff report
Lintco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (Southridge Redevelopment Area)
Page 2
achieved through information on the application, written materials submitted by the applicant,
the staff report, or minutes. Findings shall be made by the body which has the authority to
approve or deny the development application. These findings relate to the Future Land Use
Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the land
Development Regulations.
Future Land Use Map: The. resulting use of land or structures must be allowed in the zoning
district within which the land is situated and said zoning must be consistent with the
applicable land use designation as shown on the Future land Use Map.
With the adoption of the SouthridgelS.W. 4th Avenue Redevelopment plan on June 13, 1999. the
Redevelopment Area #3 Future Land Use Map designation and R-1-A (Single Family Residential)
zoning designation were retained as a "holding" zone until a specific development proposal is
submitted. A development. proposal has been submitted to construct a multiple family development
that will contain workforce housing. The proposed FLUM amendment will assign a Future land Use
Map designation of MD (Medium Density Residential 5;..12 du/acre) and the proposed zoning is RM
(Medium Density Residential). The proposed zoning designation of RM (Medium Density Residential)
is consistent with the proposed MD Future Land Use Map designation.
Based upon the above, a positive finding with respect to Future Land Use Map consistency can be
made. The Southridge/S.W. 4th Avenue Redevelopment. Plan identifies development scenarios and
criteria for development to occur within the area. These aspects of the Plan are discussed below.
The remaining required findings of LOR Section 3.1.1, Concurrency, Comprehensive Plan
Consistency and Compliance with the land Development Regulations are discussed below.
Future land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FlUM)
must be based upon the findings listed below, and must be supported by data and analysis
that demonstrate compliance with these findings:
o Demonstrated Need - That there isa need for the requested land "Use. The need must be
based upon circumstances such 'as shiftsiri demographic trends, changes in the
availability of land, changes in theexistirig character and FlUM designations of the
surrounding area, fulfillment ofa comprehensive plan objective or policy, annexation into
the municipal boundaries, or similar circumstances. . The need must b~ supported. by data
and analysis verifying the changing demographics or other circumstances. This
requirement shall not apply to requests for the FLUM designations of Conservation or
Recreation and Open Space; nor shall it apply to FLUM changes associated with
annexations when the City's advisory FlUM designation is being applied, or when the
requested designation is of a similar intensity to the advisory designation. However, the
findings described in the remainder of this policy must be addressed with all FlUM
amendments.
. ' .
.'FUtfJre LafJdUse.'ElementPblicv C-2.5The' following periains to the area on both sides of S.l4I.
4th Avenue. north ofL.intonB()ulevard. . .
This area involves warehouses. heavy industrial use, sporadic residential uses, and vacant land.
The vacant land was platted as a part of the Woods of Southridge SubdMsion. The
Southridge/SW 4th Avenue Redevelopment Plan was adopted by City Commission on June 15.
1999. The plan establishes Future Land Use Map designations for the majority of the
Redevelopment Area. Future development must be in accordance with the provisions of the
Redevelopment Plan. Several parcels along Linton Boulevard are to retain their existing
Planning and Zoning Board Staff report
lintco & Burke Lee Properties - FlUM Amendment and Rezoning to RM (South ridge Redevelopment Area)
Page 3
Redevelopment Area #3 Future Land Use designation and R-1A zoning designation until SUCh-)...
time that a development proposal that is consistent with the parameters outlined within the
Redevelopment Plan is processed. To the greatest extent possible, these parcels are to be
aggregated to accommodate a unified development.
The redevelopment plan presented five (5) development scenarios for the vacant properties at
the northwest comer of S. W. 4th Avenue and Unton Boulevard. Each of the potential scenarios
has certain benefits and certain drawbacks. The provision of residential development at this
comer was identified in Scenario 3. which stated the following:
"...there already exists a mix of existing residential uses in the general area, and economic
activities that will provide more jobs should be encouraged. Many of the multifamily
developments in the area, particularly those along Linton, have deteriorated. Given the
surrqunding industrial and commercial uses and the intensity of traffic in the area, residential
development on this properly is not encouraged."
,With adoption of the Plan. application of a specific. Future Land Use Map designation was not
pursued without a specific proposal in mind, as it could have eliminated a potentially positive
development of the property. The only Future Land Use Map change to be processed at that time
was for the office building at the northwest corner of Linton Boulevard and S.W. 4th Avenue,
which was given the Transitional FLUM designation with POD (Professional and Office District)
zoning. The adopted Redevelopment Plan recommended the following scenario (Scenario 5),
which established the following parameters for the consideration of any future development
proposals for this area:
· To the greatest extent possible, the properties are to be aggregated for a unified )
development.
· .Residential development, unless partofa comprehensive mixed use project or an assisted
living type facility, is not.to be considered.
· Uses identified within Scenarios 1 and 4 are encouraged.
· Commercial uses m;Jy be appropriate if it can be demon$tratecJ..-..that the traffic can be
ac;cpmmodated ..on . the ,.rQ(ildway..network, .filnd t#Cft impacts 011. the adjacent residentia/uses
V'ifill be minimal. A mix of uSeS, including retail, office and. second story residential, and
entertainment is ~nCOUl;aged. Gasoline stations, fast food restaunifnts, flea
mcJIketlbazaar/merchandise l!1arts, and auto repair and maintenance type facilities shall not
bi;cpfrs[c:lered. . .. . .
· The style of development shall be of a distinctive architectural character that enhances the
area and encourages neW investment and redevelopment.
· Adjacent residential areas are to be separated from the development by a wall and
stibstantialland$Cf3pe buffer.
SinCe the adoption of the Redevelopment Plan in 1999, the City and South. Floriqa . has
experienced a tremendous increase in the price of housing, which has significantly impacted
ho~i'19~ttfli.na?le.tqvery..low.low C1nd~erate in~rne ~~~bQld~. !2scalatin9 'I~~~.~~and
rapIdly dlmlntshtngamounts of land available have hlOdered.~he..proVtslon of suffict~nt workforce
dwelling units by the private sector. According to the Florida ASsOciation of Realtors, Inc., the
median price of existing homes in Palm Beach County in March 2005 was $371,500, a 37%
increase over the March 2004 median of $272,100 ("Palm Beach County Median Home Resale
Soars Past $370,000" p. 1-A, April 26, 2005 Palm Beach Post article by Stephen Pounds). .).
According to a May 2005 Sun-Sentinel newspaper article, rents in South Florida began climbing
in 2004, and are expected to continue to increase. According to real estate analysts, occupancy
rates are averaging 95%, and as a result, rents have climbed. Another factor affecting rents is
Planning and Zoning Board Staff report
Lintco & Burke lee Properties - FlUM Amendment and Rezoning to RM (Southridge Redevelopment Area)
Page 4
the condo conversion boom, with more rental complexes being taken out of the marketplace than
being built. ("For S. Florida tenants, rental picture turns bleak: Demand for units rises as home
costs continue to surge" May 15, 2005 Sun-Sentinel article by Robin Benedick).
Due to the escalating cost of housing, many renters have been unable to purchase a home.
Thus, there is a shortage of housing affordable to the everyday working families and citizens.
The need to provide workforce housing is critical to maintaining a. diversified and sustainable City
having the character and sense of a community where people can live and work in. the same
area. In order to address this public need, on December 6, 2004, the City adopted a
FamilylWorkforce Housing ordinance, which established a Density Bonus Program based upon
the number of units that are made available to very low, low and moderate income hoUseholds.
The FamilylWorkforce Housing Ordinance is in the process of being amended to add more
overlay districts that can accommodate workforce housing. With the City's annual
Comprehensive Plan Amendment 2005-2, the Medium Density land use designation description
is being modified to include the following statement:
"Areas with this desjqnation. located within a workforce housinqoverlav district. may also exceed
12 units per acre up to a maximum of 18 units per acre bv obtaininq density bonuses throuqh the
provision of workforce housinq units. n
Based upon the above, an opportunity exists to develop the property in a manner that will provide
workforce housing. Development of the property for residential purposes will not have as
significant an impact on traffic concurrency as office or commercial development. The
Redevelopment Area has experienced some stabilization since adoption of the Plan through the
construction of infill housing in the single family subdivisions to the north and associated
infrastructure improvements. The multi-family developments that have deteriorated along Linton
Boulevard, are primarily rental properties, which have not been well maintained and are not
properly managed. Per the Comprehensive Plan,intill housing for low to moderate' income
families is encouraged with the redevelopment of this area. It is noted the Redevelopment Plan
will be amended to modify the development scenario~ for these parcels to encourage/require the
. provision of workforce housing for all residential devel9pment. "
o Consistency - The requested designation is consisten~ with the goals, objectives and
policies of the most recently adopted Comprehensive Plan.
The following applicable Comprehellsive Plan objective,and policies are noted:
Future Land Use Element ObiectiveA..1: Properly shalrbe developed or redeveloped in a
manner so that the future use and intensity is appropriate in terms of soil, topographic and
other applicable physical cConsiderations;. is '.complimentaryto adjacent land (lses; and
fulfills remaining land use.needs.
The subject properties are primarily vacant with a single family home at the southwest corner,
adjacenJ to Fire S~tion#3. Qevelopmentofthe propertiescan1lCCUrin amaflner tocompfywith
this. Policy. This. Policy will be . further addressed~witha:developmeflt propOsal '(site. plan arid/or
conditional use for the property. The property to the east(across$:W.4l!1 Avenue) is industrial
arid contains a self storage facility; to the south. across Linton Boulevard ,iscommercial. to the
west, is a Fire Station and R-1-A (Single Family Residential) zoned property; and to the north, is
Linton Ridge condominium, which is zoned RM (Medium Density Residential). The development
will be complimentary to the adjacent land uses. The Redevelopment Plan provides the following
directives with regard to development of these properties:
Planning and Zoning Board Staff report
Untco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (Southridge Redevelopment Area)
Page 5
· The style of development shaH be of a distinctive architectural character that enhances the
area and encourages new investment and redevelopment
. Adjacent residential areas are to be separated from the development by a wall and
substantial landscape buffer.
-)
HousinQ Element 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.
As discussed below with the Concurrency analysis, the proposed new development will result in a
decrease of potential traffic generated by commercial, office and/or recreational development _-
scenarios identified in the Redevelopment Plan. Given the existing traffic and potential traffic flow
on Unton Boulevard. The Plan recommends that any new development take access from both
Unton Boulevard and S. W.. 4th Avenue where poSsible. With a specific development proposal, a
traffic study will be submitted, which must comply with Palm Beach County Traffic Performance
Standards Ordinance. The style of development shall be of a distinctive architectural character
that enhances the area and encourages new investment and redevelopment. The Plan also calls
for adjacent residential areas to be separated from the development on the subject properties by
a wall and substantial landscape buffer. Development ofthe.property can occur in a manner that
will enhance the stability of the area. With a conditional use and/or site plan request this policy
will be revisited_
)
a Concurrency -- Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
'The proposal inVolves amending the FLUM'designation from ROA #3 to MO on parCels, which
total approximately 7.55 acres. The proposedFlUM Amendment -witt, result in an . increased
impact on adopted concurrency standards. Concurrency findings with respect to Parks and
Recreation; Schools,SOlid'Waste; Traffic arid Water and8ewerareaiscussed beloW:
Water and Sewer: A 20" water main is located within S.W. 4th Ave!iUe along with fire hydrants.
Along Linton Boulevard,installationofa water main maybe required' alOng with fire hydrants
spaced as required. With respect to sewer, Uft Station 26C is located adjacent to. S.W _ 4th
Avenue at the northeast comer of the office building site and connects to. a 6" farce main within
S. W. 4th Avenue. With any development of these parcels, installation of water and sewer mains,
fire hydrants, and drainage improvements must be accommodated. The location of these
improvements will depend upon site design layout of any proposeddevelopment(s).
Th~.proposed FLUM Amenqmentto.Mp will increase the demand on these public services;
,. h9wev~r, .,adequate.'capacity2exists.toi' accomtnodate the,proposaLPursuantto. the
'Comprehensive Plan adequate water and sewer treatment capacity exists tonieet the adopted
'level of service standards at .theCilYs build-'Out Thus. a pbsitivefinding with. respect to this'level
of service standard cao be made: .
Traffic: Linton Boulevard. is classified as a County minor arterial.road from the west City limits to )
Federal Highway. Unton Boulevard currently operates at Level of Service "0" from South Federal j
Highway to S.W. 10th Avenue. S.W. 4th Avenue is classified as a two-lane City collector.
Regardless of the development scenario selected for this area (residential, office, mixed use),
Planning and Zoning Board Staff report
Lintco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (Southridge Redevelopment Area)
Page 6
\ internal traffic circulation will need to be provided for any development. Per the Redevelopment
Plan, given the existing traffic and potential traffic flow on Unton Boulevard, it is recommended
that any new development take access from both Unton Boulevard and S.W. 4th Avenue where
possible.
The applicant has submitted a traffic study based upon the maximum potential density pennitted
by the proposed MO FLUM designation, based on the proposed text amendment to allow 18
dulac to accommodate workforce housing. The currentFLUM designation of ROA-3 with R-1-A
(Single Family Residential) zoning , which allows a maximum of 5 du/ac. Under the exiSting
FLUM designation and zoning, the 7.55 acre site could accommodate 37 units generating 370
average daily trips, while the proposed MO could accommodate 135 units, which will generate
945 average daily trips. This results in a trip generation potential of 545 average daily trips. It is
also noted that the development scenarios recommended in the . Redevelopment Plan. consisting
of office, mixed-use (retail, . office and residential), and recreational facilities (public or private),
would generate a greater number of average daily trips thal1.a residential development with the
proposed densities. A copy of the submitted traffic analysis has been transmitted to the Palm
Beach County Traffic Division for review. The proposed Medium Density FLUM designation will
allow a range from 6 to 18 dulac. With a specific development proposal, a traffic study will be
submitted. The maximum development potential will be based on the ability to compfywith the
Palm Beach County Traffic Performance Standards Ordinance. Based upon the above condition
of approval being addressed, a positive finding with respect to traffic concurrency can be made at
this time.
Drainaae: Any development of the site will be required to retain drainage on-site in compliance
with South Florida Water Management District (SFWMD) requirements. There are no problems
anticipated complying with SFWMD requirements.
Parks and Recreation: The. Open Space and Recreation Element of the Comprehensive. Plan
indicates in itscondusionthat "The City will have sufficient recreation facilities at build-qut to
meet the adopted standards". · A park impact fee is collected to offset any impacts that individual
projects may have on. the City's recreational facilities. Pursuant. to Land OevelOPnlertt.
. Regulations (LOR) Section 5.3.2, apart< impact fee of $500.00 per dwelling unit will be collected .
prior to issuance of a building pennit for each residential unit. Based upon the proposed FlU~
Arnendmetitand ReZoning, the maximum allowable density (18 du/ac) would allow 135 dwelling .
units~ thusrequiritiga park impact fee of $67,500.00~
Schools: A School Concurrency Application has been transmitted to the School District of . Palm
Beach County for their consideration. The Palm Beach County School District must approve the
development proposal for compliance with the adopted Level of Service for School Concurrency.
Verification from the Palm Beach County School District is .pending; however no problems are
anticipated meeting this level, of serviCe standard.
. Solid Waste: The subject properties are primarily vacant, except for a single family residence.
-and.,.therefore currently'have-.tio impact'on this level of service standard. Thesing'IEf'fciOiily'
residence currently generates 1.99. tons per year. Assuming the proposed maximum density{18,
dulac), the subject properties will generate 268.65 tons of solid waste per year (135 units X 1.99
tOne per year). . The jncreasecan be accommodated by existing facilities . and thus, will not have a
signiftcantimpact on this level of service standard. The Solid Waste Authority has indiCated that
its facilities have sufficient capacity to handle all development proposals till the year 2021, thus a
positive finding with respect to this level of service standard can be made.
Thus, positive findings can be made at this time with regard to concurrency for all services and
facilities.
Planning and Zoning Board Staff report
Untco & Burke lee Properties - FlUM Amendment and Rezoning to RM (Southridge Redevelopment Area)
Page 7
OCompatibUity - The requested designation will be compatible with the existing and future
land uses of the surrounding.area~
)
The parcels in question abut a condominium development to the north (Linton Ridge Condos),
and a portion of a single family subdivision to the west (Woods of Southridge. As previously
di$0lJ~sed.the property can be developed to be compatible with and complimentary to the
adjacent neighborhoods. There are directives in. place to ensure that any develQpmeot of the
property will be compatible. Also, there are development regulations to ensure development will
occur in manner that will be the same. Based upon the above, the proposed FlUM and zoning
designations are compatible with the existing and future land uses of the surrounding area, and a
positive finding with respect to compatibility can be made.
OCompliance": .Development under the requested.. designation will comply with the
provisions and requirements of the Land Development Regulations.
All future ..development within the requested designation shall comply with. the . provisions and
requirements of the land Development Regulations. Compliance with the land Development
Regulations will be further addressed with review of a conditional use or site plan request as
applicable. '
- - - - ~- - - - - - - -. -~ > - -~ - -
_, __ ___~~". ~_____ __ ~ >- ~._~_~d~~":~~:'~"~:>_::=':.::':::~~_'?~~~_""_"__~~~_>~~___""'_~~_ _~_>___'-~~~~~~~_~~~~_~
REQUIRED FINDINGS (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to approval of deVeloPll1entapplications,)
certain findings must be made in a form which is part of the official record. This may be
ac:hieved tl1fC;-~gh ioformationon the application. written materials sublllitt~dby the appHcan~
the staff rE!p~tt/()rmintltes. Findings shall be Olade .by t.he body which has',the~~t.6otiw to
apPtoy~:or ~e...y'th:e developme~tClPplication. ... . Th.ese fi.ndings rel~tetothe.F~(~f.eLailcfUse
M}ip,"Pdn~'urre'n,CY. Comprehensive Plan Consistency, .and Compli~ncewiththe. land
..' "., '., ,. ,.. .,' .. .. .... . ."...
D~i~lqp~~.,tRegulations..' .
~,-\".::~r.:)'r:_.'~'!';~,_,:::~ " :::-',-\~ .'~"Y c :; ',' "~.~:~'.-~',,_,:~
::. ~ '. : ',: " :', . _ _.. : _ '. :" :: ' '". ",'" ..... ,: ,_ _', ,I, : _ .>_ ~ ' ' , ' _ _ _', , . _ _' ~ '. _ .', _ ~' .
F~~~.,~~~',!l~~ M~p,.'Coricurr~ncy aridCOR,lprehensive;Plan ~onsis~~ncy were\,pmv~usly
discussed under the "Future Land Use Map AmendmfJnt AnalySIS" section of th,~ f~port.COf11p"ance
with the Land Development Regulations with respect to Standards for Rezoning Actions and
R4!~Qning Finciings are discussed below.
CONSISTENCY: Compliance with the performance standards set forth in LOR Section 3.2.2,
alqng with the. required .findin.g~in LOR Section2.4.5{O) (5), shall be the basis uponwhich a
finding .. of. overall . consistency is to be made. Ottter objectives and policies found in the
adopted Comprehensive Plan may be used in making a finding of overall consistency.
-..-' . . ". ,
LP~?~!~~ ~.,2~: $._d~r~s",A, ,1;l,C.:and Eare not applicable. 'The,applicabtepetf6rmance
standardqf ~LQRS~otiOil~.2;2 isas.fotlows:
(Q)Tl@trthe':rezoning .shall,t"~suJt.in .;allowing land uses which .aredeerned 'compatible
with adjacent and nearby land use both existing and proposed; or that if an
incompatibility may occur, that sufficient regulations exist. to properly mitigate :')
adverse impacts from the new use. .. ,""
Planning and Zoning Board Staff report
Untco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (Southridge Redevelopment Area)
Page 8
'-')
Direction
ZoninQ
Uses
North
West
RM
CF and R-1-A
South
East
PC and POD
MIC
Linton Ridge condominiums
Fire Station #3 and Woods of South ridge
single family subdivision
Global Imports and an office building
Security Self Storage FaCility
The proposed FLUM amendment and rezoning are compatible with the adjacent land uses
and consistent with the development pattern within the Redevelopment Area. As discussed
under Future LandUse Element Policy A-1.7, the proposed FLUM and zoning designations
are compatible with the existing and future land uses of the surrounding area, and a positive
finding with respect to compatibility can be made.
LOR Section 2.~:5(O) (5) (Rezoning Findings):
Pursuant to LOR Section 2.4.5(0) (5), in addition to provisions of Chapter Three, the City
Commission must make a finding that the rezoning. fulfills one of the reasons for which the
rezoning change is being sought. These reasons include the following:
(a) That the zoning had previously been changed, or was originally established, in
error;
(b) That there has been a change in circumstances which make the current zoning
) inappropriate; or
(c) That the requested zoning is of similar intensity as allowed un,der the Future Land
Use Map and. that it is 1110re appropriate for the property based upon circumstances
particular to the site andlor neighborhood.
The foUowingis theapplicanrs justification statement:
""
'7hesubject site is zoned R-1-A (Single Family ReSidential). The property is located (Jna lTJajor
thoroughfare (Unton Boulevard) and is 7 acres; which does not allow. for proper development of a
~~ family cievelopment ./t. ;salso adjacent to a. fjre station f1.l1dan office bUilciing., Tn~ :i:I(Neh:1PIJ1JJlft
,:sloifgUntonandthe increase in traffic hasiriade the current zoning inappropriate. Multi':;family
residential including workforce housing is more appropriate for the properly based upon
circumstances particular to the site. "
The appropriate reasons for the proposed rezoning are ICb- and lAc". With the adoption of the
Southridge/S.W. 4th Avenue Redevelopment plan on June 13. 1999, the Redevelopment Area #3
Future.latid Use Map designation and R-1.:.A (Single, family Residential) zoning de~ignatioq were
retained as a IAholding" > zone lJntil a Spe9fiC developl1lentpropo~alis~ubmitted. A.(je\f~19p:ment
proposal.has' ~rf submitted. to :consttuct 'a multiple ..(cirnlly develQpment fuatwill 'eontainwoi1<force
housirig;. Thus, circumstances. have Changed that mak~ the purr~flt z:oninginapp.fopriat~.. .~uf1her,. the
RM zoning designation is similar in intensity as propoSed under the requested MO FLUM designation
and is more appropriate for the site based on circumstances which relate to the commlJnity's need for
workforce housing. The RM designation will encourage a development scenario. that will not have
substantial traffic impacts and will be complimentary to the neighborhoods to the north and weSt
Planning and Zoning Board Staff report
Untco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (Southridge Redevelopment Area)
Page 9
- ~ - ~ ~-~ - - - ~.,- - -~ - - -
, _h_ ~ _ ___ ... ~_ ~~~~_~-=~u~._~_"~ ~"'~~~~~ ~~ ~__ ~O~_~ ~ .~:-~~:~_ ~~ ""- ~-'.-_~",,=~~ $ '--""""~~-~~~,=,","-~~'~~",,,_...^--~_~,,-__~2
~)
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
· Fallridge Condo
· Pinegrove
. South ridge
· Woods of Southridge
· PROD (Progressive Residents of Defray)
. President's Council
Public Notice:
Formal public notice has been provided to the affected. property owners as well as property owners
within a SOOt radius of the subject property. Letters ofstlpport and objection, if any, will be presented
at the Planning and Zoning Board meeting~
. - - - - - - - ~-- --~- - -- - --~ - - ~- -- ~ --- ~~
.~_ ~____ _ __~_____~~~u~__~__~_i~~'~ ~::;1~~.-;?~~~~~__<>~c...~_:~ ~ k_~~:"~-=-~_~~ _'~~ ~_~ ~__~~~_~~_:~~~~<
The FLUM designations and zoning classifications for the subject. properties are being amended as
these designations were retained as a "holding" zone untir a specific development proposal is
submitted. A development proposal has been submitted to construct a multiple family development
that will contain workforce housing on the Untco properties. Rather than leave the remaining 0.5 acre
lot R-1-A, it is appropriate to rezone the parcel with the privately-initiated proposal. As indicated in the
staff report, there is a community need for workforce housing and the development of this property to )
accommodate this type of housing will help address the need. The directives of the SouthridgelS.W.
4th Avenue Redevelopment Plan. will . need. lObe .amende~.lo. address/require the provision of
workforce housing on these parcels. Positive findingscanbernadeyvithrespectto Futur~ Land Use
Element Policy A-t.7 of the Comprehensive Plan (FLUMAmendrnenf Findings), LDR Section 3.1.1
(Required Findings). LDR Section 3.2.2 (Standards for Rezo'1ing Actions), LDRSection2.4.5(D)(5)
(Rezoning Findings), and the Goals, Objectives, and POlities of the Cornprehensive Plan. Therefore
the proposed FLUM amendments and rezonings can be recommended for approval based. on the
. fin~i~~,soutlinedinthiS r:port. .
',~ ~ ..f ~. , i^" - -
--~ - - - ~-~ ~-~~- ~ ~ ~~_____ __=~_~__~_~J__~~~_ _~_ _~~___~~__ ~ ~~__ _-'~_~_ __'-' _~ ~ ~____~~~,_~~-'-~~~~
A. Postpone with direction.
B. ~ove to recommend to the City Commission approval of the proposed FLUM Amendments from
RDA #3 (Redevelppment Area #3) to MD (Medium Qeil&ity R~idElrltial) and Rezonings from R-1-
A (Sing1E~F amilyHesidential) to RM (Mediiurnoe.~s,ty R~s.i~~ritUli) by adqpting the findings of f~ct
andlaWcontain~ inthe staff report, .aild findingthptthereques~ ar~.consistent with the Goals,
:gf?j~ve~.'a~d, PqliCies of theCQmpreh~nSive.. p'~ii"an<t,me~t9it~!i~ ,set f9rth in. SectiQn
.2.~~$(bj(5),Section ..3. {1, . (Required .rindi'n9sj . ~ndSection 3~2.2. (Standards for. Rezoning
'~6hS) qf theL~hd D~velopment.R~ulation~, " '
C. Move torecornmend to the. City Commission d~hial';M'ttR/pr6pdsed'FLUM Arnendm~nts from
RDA#3 (Redevelopment Area #3) to MD (Medium Density Residential) and Rezonings from R-1-
A (Single Family Residential) to RM (Medium Density Residential) by adopting the findings of fact
and law contained in the staff report, and finding that the requests are inconsistent with the
Goals, Objectives and Policies of the Comprehensive Plan. and do not meet the criteria set forth
,)
Planning and Zoning Board Staff report
lintco & Burke Lee Properties - FLUM Amendment and Rezoning to RM (Southridge Redevelopment Area)
Page 10
'in Section 2.4.5(0)(5), Section 3.1.1 (Required FindingS) and Section 3.2.2 (Standards for
Rezoning Actions) of the Land Development Regulations.
"\
)
- - - ~- - ~ - ~- - - --- -- - --~- ~-
-- ---,,~ --
. ,
_ '1_ ___~_- ~__ ~ ,
- - - - ~ - - - - - ~ - - ~ -. - ~ - ~..... ---~-,...._- <~, ~- -_. - -~'"
Mo~ to recommend to the City Commission approval of the proposed FLUM Amendment from ROA
#3 (Redevelopment Area #3) to MD (Medium Density Residential) and Rezoning from R-1-A (Single
Family Residential) to RM(Medium Density Residential) for the foUowing:
o Area A - Lintco Property: A privately-initiated request involving thirteen (12) parcels containing
a total of 7.05 acres.
o Area B - Burke Lee Property: a City-initiated request involving a 0.5 acre parcel.
by adopting the findings of fact and law contained in the staff report, and finding that the requests are
consistent with the Goals. Objectives and Policies of the Comprehensive Plan. and meet criteria set
forth in Section 2.4.5(0)(5). Section 3.1.1 (ReqQired Findings) and Section 3.2.2 (Standards for
Rezoning Actions) of the Land Development Regulations.
Attachments:
· Current & Proposed Future Land Use Map
) . Current & Proposed Zoning Map
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FIELD I , J
EXISTING ZONING DISTRICT MAP FOR:
L1NTCO AND LEE PROPERTIES
CITY OF DELRA Y BEACH, Fl
PLANNING 01< ZONING DEPARTMENT
mJAREA A (UNTCO PROPERTY)
-- DIGITi4L BASE MAP SYSTEM --
~ AREA B (LEE PROPERTY)
MAP REF: LM856
MEMORANDUM
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER tfM..
AGENDA ITEM # \ ~'r - REGULAR MEETING OF JANUARY 3.2006
ORDINANCE NO. 79-05 (AMENDMENT TO LAND DEVELOPMENT REGULATIONS
4.6.9(E). "LOCATION OF PARKING SPACES")
DECEMBER 30, 2005
TO:
FROM:
SUBJECT:
lbis ordinance is before Commission for second reading and public hearing for a privately initiated amendment to Land
Development Regulations (LOR), 4.6.9(E), "Location of Parking Spaces", and Appendix "A", ''Definitions'', to establish a
parking fee and provide a defInition for a public parking facility and programmed public parking facility.
Public parking facilities in the City's downtown area have been identified as a need in the City's Comprehensive Plan and
Downtown Delray Beach Master Plan. In order to maximize potential shared parking scenarios, a privately initiated text
amendment to LDR Section 4.6.9 has been proposed by New Urban Communities. The amendment will allow the payment
of a fee (public parking fee) for each parking space not provided on-site of a proposed development which is located within
600' of a proposed municipal parking facility. The intent of the amendment is to provide property owners an incentive to
assist a governmental entity in the construction of a public parking facility in a manner that is mutually beneficial. In addition,
the amendment would maximize shared parking options and minimize both the visual impact and disruptions to the urban
fabric of the streetscape caused by expansive and individual surface parking lots. The proposed amendment also includes a
defInition of ''Public Parking Facility" and ''Programmed Public Parking Facility".
In order to mitigate any potential negative impact to the surrounding neighborhood. the maximum number of parking spaces
subject to the public parking fee is limited to 25% of the total number of required parking spaces for the development
Additionally, if the public parking facility is not scheduled to be constructed within three (3) years of site plan approval for the
development, a minimum of 75% of the parking spaces subject to fees must be constructed in the right-of-way adjacent to the
development. These parking spaces will be available to the general public and may not be reserved or dedicated to the
proposed development nor credited to meet the required on-site parking.
Pursuant to lDR Section 2.4.5(M)(5), "Findings", the Commission must make a finding that the text amendment is consistent
with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. A review of the Goals, Objectives, and
Policies of the adopted Comprehensive Plan was conducted and the proposed text amendment furthers Future Land Use
Element Objective C-4 and Future Land Use Policies C-4.1, C-4.2, C-4.3, the Dekay Beach Downtown Master Plan, and the
proposed Delray Beach Parking Master Plan. However, the proposal is inconsistent with recent modifIcations to the In-Lieu
of Parking Program, applicable to other areas of the City, which mandates that new development is to provide all required
parking spaces on-site. An earlier version of the amendment was reviewed by the Downtown Development Authority (DDA),
Chamber of Commerce Local Government Affairs Committee, West Adantic Redevelopment Coalition (WARq, Community
Redevelopment Agency (CRA), and the Parking Management Advisory Board (PMAB).
The Planning and Zoning Board held a public hearing at its meeting of October 17, 2005. There was no public testimony.
The Board voted 6-0 to recommend to the City Commission approval of the proposed ordinance with the condition: In
addition to estimated construction cost per space, land costs, to be calculated using the cost per square foot at the time of
purchase of the property by the Governmental agency multiplied by 378 square feet per space (the approximate size of a
parking space with associated drive aisles).
At the first reading on November 15, 2005, the City Commission passed Ordinance No. 79-05. Changes were made to the
ordinance and it was placed on the December 6, 2005 Commission Meeting as a Public Hearing. On December 6, 2005,
Ordinance No. 79-05 was postponed due to a request from the applicant and was scheduled to come back to Commission as a
first reading on December 13, 2005. At the first reading on December 13, 2005, the City Commission passed Ordinance No.
79-05.
Recommend approval of Ordinance No. 79-05 on second and final reading.
S:\City Qerk\agenda memos\Ord 79-05 IDR 469E Public Parking 010306
01(
~
FROM:
D~~R~MANAGER
P.6fL_~~RLlN~~CTOR OF PLANNING & ZONING
~AR~ARKlNG MANAGEMENT SPECIALIST
MEETING OF DECEMBER 13, 2005 - REGULAR AGENDA
ALTERNATE ORDINANCE 79-05, A PRIVATELY INITIATED TEXT
AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTION 4.6.9 TO
ESTABLISH A PUBLIC PARKING FEE AND AMENDING APPENDIX "A"
PROVIDING A DEFINITION FOR PUBLIC PARKING FACILITY AND
PROGRAMMED PUBLIC PARKING FACILITY
TO:
THRU:
SUBJECT:
Public Parking facilities in the City's downtown area have been identified as a need in the City's
Comprehensive Plan and Downtown Delray Beach Master Plan. The potential locations for public parking
garages have been identified in the proposed Delray Beach Downtown Parking Master Plan. In order to
maximize potential shared parking scenarios, as identified in the Downtown Master Plan, a privately
initiated text amendment to LDR Section 4.6.9 has been proposed by New Urban Communities. The
proposed amendment will allow the payment of a fee (public parking fee) for each parking space not
provided on-site of a proposed development which is located within 600' of a proposed municipal parking
facility. The proposed 600' distance is the area of influence and represents the 5-minute walking distance
discussed in the Downtown Master Plan, and is the distance a person will normally walk from a parking
facility to their destination. The intent of this amendment is to provide property owners an incentive to assist
a governmental entity in the construction of a public parking facility in a manner that is mutually beneficial.
Further, the amendment would maximize shared parking options and minimize both the visual impact and
disruptions to the urban fabric of the streetscape caused by expansive and individual surface parking lots.
The proposed amendment also includes a definition of "Public Parking Facility" and "Programmed Public
Parking Facility".
In order to mitigate any potential negative impact to the surrounding neighborhood, the maximum number
of parking spaces subject to the public parking fee is limited to 25% of the total number of required parking
spaces for the development. Additionally, if the public parking facility is not scheduled to be constructed
within three (3) years of site plan approval for the development, a minimum of 75% of the parking spaces
subject to fees must be constructed in the right-of-way adjacent to the development. These parking spaces
will be available to the general public and may not be reserved or dedicated to the proposed development
nor credited to meet the required on-site parking.
Pursuant to City Commission direction, the alternate ordinance before you includes the creation of distinct
areas subject to specific fee structures per space. Area 1 is defined as parcels located East of Swinton
Avenue and/or Dixie Highway subject to a fee of $18,000 per space, and Area 2, parcels located west of
Swinton Avenue and/or Dixie Highway subject to a fee of $16,000 per space. The difference in the fees
between the two areas is attributed to differences in land values. Additionally, a provision to review the
ordinance every two (2) years to assure that the fees are consistent with market conditions has been
included.
Pursuant to LDR Section 2.4.5(M)(5) (Findings) the City Commission must make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan.
A review of the Goals, Objectives and Policies of the adopted Comprehensive Plan was conducted and the
proposed text amendment furthers Future Land Use Element Objective C-4 and Future Land Use Policies
C-4.1, C-4.2, C-4.3, the Delray Beach Downtown Master Plan and the proposed Delray Beach Parking
Master Plan. However, it is noted that the proposal is inconsistent with recent modifications to the In-Lieu of
Parking Program, applicable to other areas of the City, which mandates that new development is to provide
all required parking spaces on-site.
\~A
City Commission Staff Report
LOR Text Amendment To Section 4.6.9
To Establish A Public Parking Fee
Although the alternative ordinance has not been reviewed by the Boards listed below, the modifications are
consistent with what was presented to them.
Downtown Development Authority (DDA): At its meeting of October 10, 2005 the Board recommended
approval of the amendment, as presented by the applicant, with the following condition:
1. Pro-rated annual maintenance fees (based on the number of spaces subject to the fee) should be
assessed until such time that the City, at its discretion, begins to charge regular parking fees in the
facility, at which time the agreements could be terminated.
Chamber of Commerce Local Government Affairs Committee: The item was presented to the Board at
its meeting of September 9,2005. No significant discussion was held regarding the proposal.
West Atlantic Redevelopment Coalition (WARC): At its meeting of September 14, 2005 the Board
recommended a continuance of the item to enable the board members ample opportunity to review the
proposal. To date, the Board has not reviewed the item a second time.
Community Redevelopment Agency (CRA): At a special meeting held on September 16, 2005, the
Board consensus was to recommend approval of the ordinance with the following conditions:
1. Some form of land costs should be included in the fees;
2. Some form of credit should be given for on-street parking spaces constructed;
3. No long term maintenance contributions should be required;
4. All required residential and guest parking must be provided on the project site, therefore not
eligible for the public parking fee; and
5. Garage operating hours should be at the discretion of the City and shall not be affected by
parking spaces purchased for commercial tenants of the development.
Parking Management Advisory Board (PMAB): At a special meeting of the PMAB, held on October 6,
2005, the PMAB recommended approval of the proposed ordinance.
Planning & Zoning Board: At its meeting of October 17, 2005 the Board recommended approval of the
proposed Ordinance with the following condition:
1. In addition to estimated construction cost per space, land costs, to be calculated using the cost
per square foot at the time of purchase of the property by the Governmental agency multiplied by
378 square feet per space (the approximate size of a parking space with associated drive aisles).
Move approval of Ordinance 79-05 by adopting the findings of fact and law contained in the staff report,
and finding that the proposed Ordinance 79-05, and approval thereof, is consistent with the Comprehensive
Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations.
Attachment: Proposed Alternate Ordinance 79-05
2
ORDINANCE NO. 79-05
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
APPENDIX "A" OF THE LAND DEVELOPMENT
REGULATIONS, BY ADDING DEFINITIONS OF A PUBLIC
PARKING FACILITY AND PROGRAMMED PUBLIC
PARKING FACILITY; AMENDING SECTION 4.6.9(E),
"LOCATION OF PARKING SPACES" BY CREATING A
NEW SUBSECTION 4.6.9(E)(4), "PARKING FACILITY
PAYMENT" TO ESTABLISH ALTERNATIVE
PROVISIONS FOR ACCOMMODATING REQUIRED
PARKING, WHEN NOT PROVIDED ON-SITE,
PROVIDING FOR RENUMBERING; PROVIDING A
SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning
Board reviewed the proposed text amendment at a public hearing held on
October 17, 2005 and voted 6 to 0 to recommend that the changes be approved;
and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and
Zoning Board, sitting as the Local Planning Agency, has determined that the
change is consistent with and furthers the goals, objectives and policies of the
Comprehensive Plan; and
WHEREAS, parking facilities in the City's downtown area have been identified as
a need in the City's Comprehensive Plan, Downtown Delray Beach Master Plan, and
Delray Beach Parking Master Plan;
WHEREAS, the governmental entities have either acquired property or are in the
process of acquiring property for public parking purposes;
WHEREAS, in order to address the need to provide public parking facilities and
assist financing said facilities, the requirement to provide parking on-site may be met by
providing a fee for each space not provided on-site in order to ensure sufficient parking
and to provide for parking in general;
WHEREAS, the Downtown Delray Beach Master Plan recommends the
implementation of the shared parking concept where possible and this public parking
program is part of this goal; and,
WHEREAS, shared parking allows business to develop and benefit the overall
economy without the creation of excessive unnecessary parking that erodes the urban
fabric, and provides a public benefit by allowing the public to use the parking spaces
during the day and evening.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA:
Section 1. That Appendix "A" of the Land Development Regulations is hereby
amended to read as follows:
Public Parkina Facilitv: A parking lot or parking structure/garage that is owned
by a governmental agency or a partnership that includes a governmental entity,
which provides parking for the general public.
Proarammed Public Parkina Facilitv: A parking lot or parking structure that
has been identified in the City's Comprehensive Plan and/or as a potential site in
the City's Parking Master Plan, which will be constructed or owned by a
governmental entity or a partnership that includes a governmental entity, which
provides parking for the general public.
Section 2. That Article 4.6, "Supplemental District Regulations", of the Land
Development Regulations is hereby amended by amending 4.6.9(E), "Location of
Parking Spaces", to create a new subsection and renumber section 4.6.9(E)(4) to read
as follows:
(4) Public Parkina Fee: When parkino requirements are applied to new development.
in-fill development. from a chanoe of use, or addino floor space to an existino buildino:
the City Commission may approve the payment of a fee towards the construction of a
public parkino structure in-lieu of providino such required parkino on-site. This option
cannot be utilized in coniunction with the In-Lieu Fee provisions of subsection
4.6.9(E)(3) or Section 4.6.9(B)(4), where private land is acquired by a oovernmental
entity for parkino or park purposes.
a) For properties located within 600' of a proorammed public parkino facility,
excludino property zoned CBD and/or CBD-RC, an alternative to providino all the
required parkino on-site is to contribute towards the construction of the parkino
facility. Tho cost per space '!..i11 be dotermined based upon the City's ostimated
2
ORD. 79-05
construction cost of tho parkina structuro determined at tho timo that tho
devolopmont recoivos site plan approval. if the parkina structuro has not boon
constructod. ::md tho actual oost of the land that will cont-ain the proammmod
public p~3rking f-acilitv. 'Nhen a proarammod public parkina facilit'l has boon
constructed or is under construction, the public parkina foo ..viii bo based upon
the actual cost of construction. The cost per space shall be based upon the
location of the property for which the public parkina fee is beina souaht. Area
descriptions and correspondina fee amounts are hereby established as follows: If
for whatever reason the public parkina does not aet built the City shall retain the
fee to provide parkina or parkina maintenance in the auadrant of the City where
the development is located.
(1) Area 1: Parcels located east of Swinton Avenue and South Dixie Hiahwav -
$18.000 per space.
(2) Area 2: Parcels located west of the Swinton Avenue and South Dixie
Highwav - $16.000 per space.
b) The Public Parkina Fee is limited to no more than 25% of the total reauired
parkina of a development not to exceed 10% of the total number of parkina
spaces associated with the Proarammed Public Parkina Facilitv. Within a
Proarammed Public Parkina Facilitv. a maximum of 25% of the total number of
parkina spaces provided within the Facilitv are available to the Public Parkina
Fee Proaram.
c) When a proarammed public parkina facilitv is not anticipated to be constructed
within three (3) years of site plan approval of the proposed development. a
buildina permit will not be issued unless the proposed development constructs
additional on-street parkina within the riaht-of-wav adiacent to the development
eauatina to 75% of the total number of spaces subject to the Public Parkina Fee.
d) Where adeauate riaht-of-wav exists adjacent to the proposed project for which
the fee has been approved. the applicant must construct additional on-street
parkina. not to exceed the total amount of spaces subject to the fee unless
authorized bv the City Commission. The applicant will be credited UP to one-half
of a parkina space for each full parkina space constructed within public riaht-of-
way. (For example. the applicant reauests to pay the public parkina fee on 4
spaces: the applicant constructs 4 spaces in the riaht-of-wav: the applicant must
onlv pay the public parkina fee for 2 spaces). Creditina of spaces constructed in
the riaht-of-wav resultina in a fraction shall be rounded down.
3
ORD. 79-05
e) All required residential and Quest parkina spaces associated with a development
and required auest room parkina for hotels, motels. residential-type inns. bed and
breakfasts. and similar uses must be provided on-site.
f) The public parkina fee must be paid in full upon issuance of a buildina permit.
g) The Director of Plannina and Zonina or desianee shall maintain a record of the
developments that utilize the Public Parkina Fee Proaram and the number of
spaces allocated to the proaram for each Proarammed Public Parkina Facility.
h) The operatina hours of the Proarammed Public Parkina Facility are at the sole
discretion of the aovernmental entity that owns the facility. and shall not be
affected by parkina spaces intended for commercial tenants of the development.
i) The Public Parkina Fee amount shall be reviewed at a minimum every two (2)
years and the fee adiusted as warranted.
(42) Off-5ite Parkina: In instances where uses do not have sufficient space to
accommodate customer and employee parking demands, parking requirements may be
provided off-site in accordance with the following:
(a) Normal Operations: Parking for day-to-day operation may be provided on
other property within three hundred feet (300') provided that both properties are
of the same general type of zone designation (Le. commercial, industrial, office,
etc.) or when the off-site parking site is zoned CF and a conditional use
approval for use as a parking lot has been approved, and when in compliance
with, and pursuant to, the following:
(1) The 300' distance shall be measured along an acceptable pedestrian
route;
(2) Approval of such off-site parking may be granted by the body which has
approval authority of the related site and development plan;
(3) An agreement providing an easement for such use is prepared pursuant
to Subsection (E)(5) and is recorded prior to certification of the site and
development plan;
(4) The provision of the parking easement shall not diminish the ability of the
property upon which it is placed, to accommodate its required parking.
4
ORD. 79-05
(b) Special Events/Facilities; In instances where uses and/or facilities have
large parking demands/requirements and which are otherwise subject to
conditional use approval (e.g. stadiums, places of assembly, community and civic
centers, recreational areas, etc.) such parking may be provided off-site in
accordance with the following.
(1) Approval of such off-site parking may be granted by the body which has
approval authority of the related conditional use.
(2) A parking and transportation plan must be presented in order to obtain
such approval. The plan must identify parking areas and demonstrate the
manner in which transportation to the use site, security, maintenance, and
related matters will be accommodated.
(3) Easements, agreements, or other appropriate legal documents which
assure continued availability of such parking shall be required as a part of the
parking and transportation plan.
(aQ) Off-Site Parkina Aareement: The owner of the alternate off-street parking
area, and the owner of the principal use or building (including the land on which it is
situated), shall enter into a written agreement with the City (in such form as may be
approved by the City Attorney), with enforcement running to the City, providing that the
land comprising the alternate off-street parking area shall never be disposed of except
in conjunction with the transfer or sale of the building which the parking area is intended
to serve, so long as the parking facilities are required. The owner agrees that such
agreement shall be in recordable form, the expense of recording to be borne by the
owner, and that the agreement shall constitute a covenant running with the land binding
upon the owners, heirs, administrators, successors, and assigns. The agreement shall
be recorded by the City Clerk. The agreement shall be released by the Commission at
such time as the alternate off-street parking facilities are no longer required or when the
owner provides other lawful off-street parking facilities. The owner shall bear the
expense of recording the release of the agreement.
Section 3. That should any section or provision of this ordinance or any
portion thereof, any paragraph, sentence, or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder
hereof as a whole or part thereof other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be,
and the same are hereby repealed.
5
ORD. 79-05
Section 5. That this ordinance shall become effective immediately upon its
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this
the day of , 2005.
MAYOR
ATTEST:
CITY CLERK
First Reading
Second Reading
6
ORD. 79-05
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1993
1001
1993
2001
MEETING DATE:
SEPTEMBER 19, 2005
IV.F - PRIVATELY-INITIATED AMENDMENT TO SECTION 4.6.9(E)
OF THE CITY'S lAND DEVELOPMENT REGULATIONS TO
ESTABLISH A PUBLIC PARKING FEE.
AGENDA ITEM:
The item before the Board is that of making a recommendation to the City Commission
regarding an amendment to Land Development Regulations Section 4.6.9(E), pursuant to
LOR Section 2.4.5(M)(5).
Pursuant to Section 1.1.6 (A), an amendment to the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
The privately-initiated amendment to the Land Development Regulations has been
submitted by New Urban Communities
Adequate public parking has been identified as a significant need as the downtown area
redevelops. . Parking facilities in the City's downtown area have been identified as a need
in the City's Comprehensive Plan, Downtown Delray Beach Master Plan, and the proposed
Parking Master Plan. Governmental entities have either acquired property or are in the
process of acquiring property for public parking purposes. In order to address the need to
provide public parking facilities and assist funding said facilities, the proposed amendment
will allow the payment of a fee for each parking space not provided on-site of a proposed
development which is located within 600' of a proposed municipal parking facility. The
proposed 600' distance is the area of influence and represents the 5-minute walking
distance discussed in the Downtown Master Plan, and is the distance a person will
normally walk from a parking facility to their destination. The intent of this amendment is to
provide property owners an incentive to assist a governmental entity in the construction of
a public parking facility in a manner that is mutually beneficial. The proposed amendment
also provides a definition of "Public Parking Facility" and "Programmed Public Parking
Facility".
In order to mitigate any potential negative impact to the surrounding neighborhood by
creating a parking deficiency adjacent 'to the development, the maximum number of
parking spaces subject to the public parking fee is limited to 25% of the total number of
required parking spaces for the development. Additionally, if the public parking facility is
not scheduled to be constructed within three (3) years of site plan approval for the
development, a minimum of 75% of the parking spaces subject to fees must be
constructed in the right-of-way adjacent to the development. These parking spaces will be
??
Planning and Zoning Board Staff Report
LOR Amendment - Public Parking Fee
Page 2
available to the general public and may not be reserved or dedicated to the proposed
development.
LOR Section 2.4.5(M)(5) (Findings): Pursuant to LOR Section 2.4.5(M)(5) (Findings),
in addition to LOR Section 1.1.6(A), the City Commission must make a finding that
the text amendment is consistent with and furthers the Goals, Objectives and
Policies of the Comprehensive Plan.
A review of the Goals, Objectives and Policies of the adopted Comprehensive Plan was
conducted and the following applicable objectives and policies are noted:
Future Land Use Element Obiective C-4
The Central Business District (CBD) represents the essence of what is Delray Beach i.e. a
"village like, community by the sea". The continued revitalization of the CBD is essential to
achieving the overall theme of the City's Comprehensive Plan of'~ City Set Apart In South
Florida". The following policies and activities shall be pursued in the achievement of this
objective.
Future Land Use Element Policy C-4.1: The Central Business District (CBD) zoning
district regulations shall facilitate and encourage rehabilitation and revitalization and shall,
at a minimum, address the following:
. . . .accommodating parking needs through innovative actions.
The major impediments to providing public parking facilities are construction costs and
adequate land to accommodate the structure. As land values and construction costs rise,
achieving the goal of providing public parking facilities becomes more difficult. In order to
assist and potentially expedite the construction of these needed facilities, consideration
should be given to providing private development with the means to contribute toward the
construction costs. The proposed amendment provides an innovative approach to address
the City's parking needs in a manner that is consistent with the shared parking concepts
outlined in the City's Downtown Delray Beach Master Plan.
Future Land Use Element Policy C-4.2: The "Downtown Delray Beach Master Plan" was
adopted by the City Commission on March 19, 2002. Covering the downtown business
districts surrounding the Atlantic Avenue corridor between 1-95 and A-1A, it represents the
citizens' vision for the growth and unification of Delray Beach, while still retaining the
"village like, community-by-the-sea" character of the CBD. The Plan addresses a wide
range of issues including intill development, neighborhood parks, shared parking, public
art, the roadway and alley systems, marketing/economic development, and the need to
modify the Land Development Regulations to include design guidelines to retain the
character of Delray Beach. Future development and redevelopment in this area shall be
consistent with the Master Plan.
The Downtown Master Plan identifies a preponderance of surface parking lots throughout
the downtown, noting how such lots damage the pedestrian oriented environment that the
City is striving to achieve. As an alternative to this inefficient utilization of land the plan
promotes the creation of centralized, shared parking facilities in lieu of separate surface
Planning and Zoning Board Staff Report
LOR Amendment - Public Parking Fee
Page 3
lots serving individual businesses. One way to achieve that objective and to help pay the
costs of structured parking is to allow developers the option to contribute to the
construction of facilities that are in the vicinity of their property, instead of providing all of
the required parking on site.
It is noted that the Downtown Master Plan encompasses the CBD as well as the
surrounding commercial areas and neighborhoods, between N.E.lN.W. 4th Streets and
S.E.lS.W. 4th Streets. As the downtown area continues to redevelop, opportunities should
be made available for nonresidential properties adjacent to the CBD to contribute to the
proposed payment program.
Future Land Use Element Policv C-4.3: The City shall be the lead agency in pursuing
the construction and operation of tiered parking structures and mixed uses in the CBD.
Locations of facilities shall follow the CBD Development Plan required through Policy 4.2.
As discussed above under Future Land Use Element Policy C-4.1, the proposed
amendment will assist the City in providing another funding option to construct tiered
parking structures in the downtown area, which has been identified as a need.
Delrav Beach Parkin" Master Plan:
The City's proposed Parking Master Plan has been created to address the parking
challenges that exist in the City's downtown area. The Plan identifies the parking inventory;
parking needs in the three geographical areas of the City's downtown (West Atlantic
Neighborhood, Central Core District, Beach Area); potential sites which could
accommodate parking structures; and potential funding sources. The proposed text
amendment offers another potential funding source that should be considered.
Although based upon the above, the proposed text amendment is consistent with and
furthers Goals, Objectives and Policies of the Comprehensive Plan, it is inconsistent with
recent modifications to the In-Lieu of Parking Program which restrict new development
from requesting in-lieu of parking spaces. LDR Section 4.6.9(E)(3) states "before granting
approval of in-lieu spaces the City Commission must find that it is impossible or
inappropriate to provide the required number of spaces on-site / off-street." Through the
adoption of Ordinance 74-04, several Boards, and the City Commission, deemed it both
possible and appropriate for new development to provide all required parking on-site / off-
street.
Downtown Development Authority (DDA): At their meeting of September 8, 2005 the
Board conceptually approved the proposed amendment agreeing that some of the
concerns presented by Staff needed to be addressed. The Board requested that the item
be brought back to their October 10, 2005 meeting for further review.
Planning and Zoning Board Staff Report
LDR Amendment - Public Parking Fee
Page 4
Chamber of Commerce Local Government Affairs Committee: The item was
presented to the Board at their meeting of September 9, 2005. No significant discussion
was held regarding the proposal.
West Atlantic Redevelopment Coalition (WARC): At their meeting of September 14,
2005 the Board recommended a continuance of the item to enable the board members
ample opportunity to review the proposal.
Community Redevelopment Agency (CRA): At their meeting of September 8, 2005 the
Board declined to formulate any recommendations given the limited opportunity to review
the entire proposal. At a special meeting held on September 16, 2005 the Board
consensus was to recommend approval of the ordinance with the following conditions:
1. Land costs should be included in the fees;
2. Some form of credit should be given for on-street parking spaces constructed
3. No long term maintenance contributions should be required
4. All required residential and guest parking must be provided on-site; and
5. Garage operating hours are at the discretion of the City and shall not be affected
by parking spaces intended for commercial tenants of the development.
Parking Management Advisory Board (PMAB): This proposal will be presented to the
PMAB at their meeting of September 27, 2005
Courtesy Notices:
Courtesy Notices were provided to the following Civic Associations:
. PROD (Progressive Residents of Delray)
. President's Council
Letters of objection and support, if any, will be provided at the Planning and Zoning Board
meeting.
1. Continue with direction.
2. Recommend approval of the attached amendment to the Land Development
Regulations (LDRs) Section 4.6.9(E), by adopting the findings of fact and law
contained in the staff report and finding that the request is consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land
Development Regulations.
3. Recommend denial of the attached amendment to the Land Development
Regulations (LDRs) Section 4.6.9(E) by adopting the findings of fact and law
contained in the staff report and finding that the request is inconsistent with the
Planning and Zoning Board Staff Report
LOR Amendment - Public Parking Fee
Page 5
Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(M) of the
Land Development Regulations.
4. Recommend approval of the attached amendment to the Land Development
Regulations (LDRs) Section 4.6.9(E), by adopting the findings of fact and law
contained in the staff report and finding that the request is consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land
Development Regulations subject to the following conditions:
>> Whether the facility is planned, constructed or under construction, the fee
shall include land costs for each space with associated drive aisles (378 sq.
fl.) of the current appraised value of the land of the proposed development at
the time of approval of the parking fee;
>> Credit towards required parking for the development will not be given for
parking spaces constructed in the right-of-way, adjacent to the development,
which are required to meet performance or development standards;
>> Pro-rated maintenance fees for the parking facility should be provided by the
Home Owners Association and/or Commercial Tenants through a
"Maintenance Fee' Agreement." Annual fees would be based on direct
maintenance costs from the previous year. If in the future the City, at its sole
discretion, adopts a policy to charge regular parking fees in the facility all
maintenance agreements would be discontinued, as parking revenue would
cover future maintenance expenses;
>> All required residential and guest parking spaces in mixed use developments
are to be provided on-site; and
>> Garage operating hours are at the discretion of the City and shall not be
affected by parking spaces intended for commercial tenants of the
development .
Continue the item to allow other boards sufficient time to review the proposal and forward
their recommendations.
Attachment: Proposed Ordinance
~
I
FROM:
D~~~~ MANAGER
PAUL DORLlNG, D~CTOR OF PLANNING AND ZONING
JAMES G. CAIN, SENIOR PLANNER
MEETING OF JANUARY 3, 2006
PRIVATELY-INITIATED REZONING FROM POD (PLANNED OFFICE
DISTRICT) TO RM-10 (MEDIUM DENSITY RESIDENTIAL - 10 UNITS PER
ACRE) FOR PALM TRAIL CARRIAGE HOMES (PALM TRAIL HOLDINGS,
LLC) LOCATED AT 816 PALM TRAIL, APPROXIMATELY 185 FEET TO THE
NORTH OF GEORGE BUSH BOULEVARD}
TO:
THRU:
SUBJECT:
The proposed rezoning involves eleven (11) platted lots (Lots 4 through 9 and 13 through 17,
Block 5, Sophia Frey) and associated abandoned alleyways. totaling 1.77 acres. The property
contains an existing vacant 22,799 sq. ft. medical/office building with POD associated parking
area.
The subject property is owned by Palm Trail Holdings, L.L.C. and the owners are proposing to
demolish the existing two-story medical office building and construct 16 townhome units. The
proposed use can not be accommodated under the current POD zoning and a change of zoning
is being sought. The 1.77 acre site, if rezoned to RM-10, would allow for a maximum of 17
townhome units. The rezoning request from POD (Professional & Office District) toRM-10
(Medium Density Residential-10 units per acre) is now before the City Commission for action.
The Board considered the request at their November 21, 2005 meeting at which time an adjacent
property owner voiced concerns over the alley, underground utilities, and the influence this
rezoning would have on access to his property. The request was postponed by the Planning &
Zoning Board by a 4 - 2 vote with direction to staff to check the utilities and alley abandonment
situation. After further review of the adjacent subdivision plat it was determined that there would
be no effect on the adjacent property owner.
At its meeting of December 19, 2005, the Planning and Zoning Board reconsidered the request at
a public hearing. The same member of the public spoke and clarified that there were no more
concerns relating to the adjacent alley or utilities. The Board voted unanimously 5-0 to
recommend approval of the rezoning request to the City Commission, by adopting the findings of
fact and law contained in the staff report, and a finding that the request was 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.
Approve on first reading the rezoning from POD to RM-10, by adopting the findings of fact and law
contained in the staff report, and a finding that the request is consistent with the Comprehensive
Plan, and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land
Development Regulations.
Attachments: Ordinance No. 1-06
Planning and Zoning Board Staff Report of December 19, 2005
\~A
ORDINANCE NO. 1-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED POD PROFESSIONAL AND OFFICE (POD)
DISTRICT TO MEDIUM DENSITY RESIDENTIAL-I0 UNITS PER
ACRE (RM-1O) DISTRICT; SAID LAND BEING "A PARCEL
LOCATED ON THE WEST SIDE OF PALM TRAIL,
APPROXlMATELY 170 FEET NORTH OF GEORGE BUSH
BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA, APRIL
2005"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated April 2005, as being zoned Professional and Office (POD)
District; and
WHEREAS, at its meeting of December 19, 2005, the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted
5 to 0 to recommend that the property hereinafter described be rezoned, based upon positive
[mdings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
furthers the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the [mdings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of Medium Density Residential -10 units
per acre (RM-I0) District for the following described property:
Lots 4 to 9 inclusive and Lots 13 to 17 inclusive, Block 5, together with abandoned alley lying
between Lots 4 to 8 and Lots 13 to 17, and west half of said alley lying adjacent to Lot 9, of Sophia
Frey Subdivision, in Palm Beach County, Florida according to the Plat thereof recorded in Plat
Book 4, Page 37 of the Public Records of Palm Beach County, Florida
Section 3. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with
the provisions of Section 2 hereof.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. That should any section or provision ofthis 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 , 200_.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
2
ORD NO. 1-06
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
December 19,2005
IV.A.
Rezoning from POD (Professional & Office District) to RM-10 (Medium Density
Residential-10 units per acre) for 1.77 acre parcel located on the west side of Palm
Trail, north of George Bush Boulevard known as Palm Trail Carriage Homes
GENERAL DATA:
Owner... .......... ...... .....'..;.......... ...
Agent. . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . ..
Applicant.................................. .
Location..... ..............................
Property Size............................
Future Land Use Map..............
Current Zoning............. .......
Adjacent Zoning............. North:
Palm Trail Holdings, LLC
Kupi & Eliopoulos Architects, PA.
Palm Trail Holdings, LLC
816 Palm Trail
1.77 acres/22,799 Sq. Ft.
TRN (Transitional)
Professional & Office District
(POD)
Medium Density Residential
(RM)
Medium Density Residential
(RM)
South: General Commercial (GC),
Community Facility (CF),
Special Activity District (SAD)
West: Medium Density Residential
(RM), Residential Office (RO)
Existing Land Use................. Vacant Medical Offices
Proposed Land Use.................. Two-Story Townhomes
Water Service........................... Existing on site.
Sewer Service........................... Existing on site.
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IV.A.
The item before the Board is that of making a recommendation to the City Commission on a
rezoning from POD (Professional & Office District) to RM-10 (Medium Density Residential-10
dwelling units per acre) for Palm Trail Carriage Homes. (Continued from the November 21,
2005 Planning & Zoning Board meeting)
The subject property is located at 816 Palm Trail which is situated on the west side of Palm
Trail (primary frontage) and the east side of NE 9th Street (secondary frontage) approximately
185 feet to the north of George Bush Blvd.
An adjacent property owner was present at the November 21, 2005 meeting and submitted a
letter voicing concern over the alley, underground utilities, and the influence this rezoning
would have on access to his property. The request was postponed by the Planning & Zoning
Board by a vote of 4-2 with the motion to continue with direction to Staff to check the utilities
and alley abandonment situation with the adjacent property owner (Mr. O'Toole). The adjacent
property owner visited Staff on November 22 to indicate that he mistook the alley for another
alley located adjacent to the property.
The proposed rezoning involves eleven (11) platted lots (Lots 4 thru 9 & 13 thru 17, Block 5,
Sophia Frey) and associated abandoned alleyways, totaling 1.77 acres. The property contains
the following:
816 Palm Trail: Existing 22,799 sq. ft. medical/office building with associated parking area.
(105 parking spaces, 9 handicapped spaces)
The current vacant medical office building site was issued conditional use and site plan
approval in 1975 and was constructed in 1977. The property was originally zoned as RM in
error and was later corrected to its current POD zoning in 1993 (Zoning Case 1993-085-REZ-
CCA).
The subject property is owned by Palm Trail Holdings, L.L.C. The property owners are
proposing to demolish the existing two-story medical office building and construct a series of
two-story townhomes. The 1.77 acres site, if rezoned as RM-10, would allow for a maximum of
17 townhome units. The rezoning request from POD (Professional & Office District) to RM-10
(Medium Density Residential-10 units per acre) is now before the Board.
REQUIRED FINDINGS:
LOR (Chapter 3) PERFORMANCE STANDARDS:
Pursuant to LOR Section 3.1.1, prior to approval of development applications, certain
findings must be made in a form which is part of the official record. This may be
achieved through information on the application, written' materials submitted by the
applicant, the staff report, or minutes. Findings shall be made by the body which has
the authority to approve or deny the development application. These findings relate to
the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and
Compliance with the Land Development Regulations.
P&Z Board Staff Report, December 19, 2005
Rezoning from POD to RM-10 for Palm Trail Carriage Homes
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 TRN (Transitional)
and is currently zoned POD (Professional & Office District). Multiple family residential uses,
including townhomes, are permitted as a principal use within the RM-10 Zoning District.
Pursuant to LOR Section 4.3.3 K "Development Matrix", a minimum lot size of 8,000 sq. ft. (60'
frontage/width and 100' depth minimum) is required within the RM-10 zoning district. Given the
density of 10 units per acre, a maximum of seventeen townhome units could be
accommodated on the site subject to meeting performance standards under LOR Section
4.4.6(1). According to the City of Delray Beach Comprehensive Plan, The Transitional FLUM
designation is appropriate for residential development at densities between 5 to 12 units per
acre. The RM-10 zoning is consistent with the proposed town home development and the
Transitional FLUM designation.
Concurrency - Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
In the preparation of the Delray Beach Comprehensive Plan, the land use designations
throughout the entire planning and service area were considered with respect to the overall
land use pattern, assessment of level of service, the provision of services, and meeting
remaining land use needs. It is noted that the multiple family residential development, allowed
under the RM zoning designation, would not have any greater impact on concurrency than
what could be constructed within the existing POD zoning district. The maximum development
potential within the POD zoning district is a 4-story office building of approximately 34,000
sq. ft.
Drainaqe: With the rezoning request drainage plans are not required. These will be submitted
with the site plan submittal for the redevelopment of the site for townhomes. There should not
be any problems with retaining the drainage on the site and obtaining any/all necessary
permits.
Traffic: A traffic statement was not submitted with the proposal. However, pursuant to the Palm
Beach County Trip Generation Rates, multi-family residences account for average daily trips
(ADT) of 7 per unit, thus with 17 units, a total of 119 ADT are anticipated, which is significantly
less than what a 34,000 square foot general office use could generate at 581 ADT.
Parks and Recreation: Pursuant to Land Development Regulations (LOR) Section 5.3.2, a park
impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit
for each unit. Based upon the RM-10 rezoning, seventeen (17) dwelling units would require a
park impact fee of $8,500.
Schools: A School Concurrency Application has been transmitted to the School District of Palm
Beach County for their consideration regarding compliance with the adopted Level of Service
for School Concurrency. No response letter has been received from them thus far.
2
IV.A.
P&Z Board Staff Report, December 19, 2005
Rezoning from POD to RM-10 for Palm Trail Carriage Homes
Solid Waste: Based upon the Solid Waste Authority's typical waste generation rates, solid
waste generation would be 0.52 tons per unit for a total of 8.8 tons per year for the 17
townhouse units. This is in comparison to an office building, which would generate 4.6 pounds
per square foot per year. At 34,000 square feet, a potential office building would generate
156,400 pounds (78.2 tons) of solid waste per year. Therefore, the proposed townhouses will
generate 69.4 tons less solid waste per year than what would be generated by a potential
office development. Additionally, the Solid Waste Authority has indicated that its facilities have
sufficient capacity to handle all development proposals until the year 2024.
Consistency - The requested designation is consistent with the goals, objectives and
policies of the most recently adopted Comprehensive Plan.
Future Land Use Element Obiective A-1: Property shall be developed or redeveloped in
a manner so that the future use and intensity is appropriate in terms of soil, topographic
and other applicable physical considerations; is complimentary to adjacent land uses;
and fulfills remaining land use needs.
There are no significant environmental characteristics with the subject property.
Redevelopment of the property, based upon the proposed zoning, is compatible with the
adjacent land uses, which consist of single family residences to the north and west,
condominium residences to the east and community facilities (church) & commercial (marina)
to the south. Residential development in this area will support commercial uses in the
downtown and the North Federal Highway corridor.
Housina Element Policv A-12.3: In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on the
stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes
and circulation patterns shall be reviewed in terms of their potential to negatively
impact the safety, habitability and stability of residential areas. If it is determined that a
proposed development will result in a degradation of any neighborhood, the project
shall be modified accordingly or denied.
The proposed redevelopment of the vacant medical office property to medium density
town home residences will have a positive effect on other neighboring residential properties as
the impacts such as noise and traffic will be less than medical office uses.
Compliance--Oevelopment under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
Future redevelopment of the subject parcels will be in accordance with the City's Land
Development Regulations. During the site plan review process, the development proposal will
be reviewed for compliance with the LDR to meet all applicable minimum lot area and lot
dimensions requirements for the RM-10 zoning district (LDR-Section 4.3.4(K) as well as the
specific requirements for Townhouses and Townhouse Types of Development under LOR-
Section 4.3.3(0).
3
IV.A.
P&Z Board Staff Report, December 19, 2005
Rezoning from POD to RM-10 for Palm Trail Carriage Homes
STANDARDS FOR REZONING ACTIONS:
Compliance with the performance standards set forth in LDR Section 3.2.2, along with
the required findings noted in LDR Section 2.4.5{O) (5) shall be the basis upon which a
finding of overall consistency is to be made. Other objectives and policies found in the
adopted Comprehensive Plan may be used in making a finding of overall consistency.
LDR Section 3.2.2: Standards A, B, C and E are not applicable. The applicable
performance standard of LOR Section 3.2.2 is as follows:
(D) That the rezoning shall result in allowing land uses which are deemed compatible with
adjacent and nearby land use both existing and proposed; or that if an incompatibility
may occur, that sufficient regulations exist to properly mitigate adverse impacts from
the new use.
The following zoning designations and uses border or are near the property:
Zonina Desianation: Use:
North:
South:
East:
West:
RM
GC, CF, SAD
RM
RM,RO
Single & Multi-Family Residential
Office, commercial, church, marina
Condominiums
Single & Multi-Family residential, offices
The surrounding residential area has been identified as "Stabilization" on the Residential
Neighborhood Categorization Map. This indicates that the area can accommodate some
improvements to the area to achieve the final desired existing land use pattern. The adjacent
residential properties to the north, east, and west are zoned RM (Medium Density Residential
District).The properties to the south are zoned GC (General Commercial) as that area is closer
to George Bush Blvd. which severs as an appropriate dividing line between the
commercial/office and residential development. The redevelopment of the property as two-
story townhomes will assist with the goal of moving the stabilization neighborhood towards the
stable neighborhood classification. (Objective A-4 of the Comprehensive Plan)
LOR Section 2.4.5(O} (5): 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
is being sought. These reasons include the following:
A. That the zoning had previously been changed, or was originally established, in error;
B. That there has been a change in circumstances which make the current zoning
inappropriate; or
C. That the requested zoning is of similar intensity as allowed under the Future Land Use Map
and that it is more appropriate for the property based upon circumstances particular to the
site and/or neighborhood.
The applicant has submitted the following statement indicating that reasons A and Care
applicable to seeking a rezoning request from POD to RM-10:
4
IV.A.
P&Z Board Staff Report, December 19, 2005
Rezoning from POD to RM-10 for Palm Trail Carriage Homes
'The existing zoning on three sides of the subject property is residential. The existing office
building is vacant. Return zoning back to original RM Zoning. "
The basis for which the rezoning should be granted relates to reason "A" in that the zoning was
changed from its original RM to POD and is now requested to be changed back to RM (ten
units per acre) and also relates to reason "C" in that the proposed rezoning will allow the
redevelopment of the property to be consistent with the zoning classification and uses within
the block and will enhance the overall aesthetics of the neighborhood. Based upon the above,
a positive finding with respect to LOR Section 2.4.5(0) (5) can be made.
Community Redevelopment Aaencv (CRA):
The site is located outside the Community Redevelopment Agency Boundary and will not
require their review.
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. No letters of objection have been received for this project.
Courtesy Notices:
A special courtesy notice was provided to the following homeowners associations:
1. Neighborhood Advisory Council
2. Progressive Residents of Delray Beach
3. Presidents Council
4. Palm Trail
The proposed rezoning from POD (Professional & Office District) to RM-10 (Medium Density
Residential District-10 units per acre) is consistent with the policies of the Comprehensive Plan
and Chapter 3 of the Land Development Regulations. The rezoning request will provide for a
compatible multi-family uses that will enhance the residential character of the neighborhood
and reduce the negative impacts associated with non-residential vehicular traffic on local
residential streets. Positive findings can be made with respect to LOR Section 3.1.1 (Required
Findings), LOR Section 3.2.2 (Standards for Rezoning Actions), LOR Section 2.4.5(0)(5)
(Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan.
Therefore, this rezoning can be recommended for approval based on the findings outlined in
this report.
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the privately sponsored
request for a rezoning from POD (Professional & Office District) to RM-10 (Medium Density
Residential District-10 units per acre) for the subject property, by adopting the findings of fact
5 ~A
P&Z Board Staff Report, December 19, 2005
Rezoning from POD to RM-10 for Palm Trail Carriage Homes
and law contained in the staff report, and finding that the request and approval thereof is
consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(0)
(5), 3.1.1 and 3.2.2 of the Land Development Regulations.
C. Move a recommendation of denial to the City Commission for the privately sponsored request
for rezoning from POD (Professional & Office District) to RM-10 (Medium Density Residential
Oistrict-10 units per acre) for the subject property, by adopting the findings of fact and law
contained in the staff report, and finding that the request is inconsistent with the
Comprehensive Plan and does not meet the criteria set forth in Sections 2.4.5(0) (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 sponsored
request for rezoning from POD (Professional & Office District) to RM-10 (Medium Density
Residential District-10 units per acre) for the subject property, by adopting the findings of fact
and law contained in the staff report, and finding that the request and approval thereof is
consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(0)
(5), 3.1.1 and 3.2.2 of the Land Development Regulations.
Attachments:
Zoning Map
Survey
Prepared by:
James G. Cain, AICP
Senior Planner
6
IV.A.
~
!
FROM: JAMES G. CAIN,
SUBJECT: MEETING OF JANUARY 3, 2006
PRIVATELY INITIATED AMENDMENT TO LDR SECTION 4.3.4(J}, LDR
SECTION 4.6.18(B}(14}(i}(3}, AND APPENDIX "A" "DEFINITIONS" TO
REGULATE SLOPED PARAPETS
TO:
THRU: CTOR OF PLANNING AND ZONING
A privately initiated LDR amendment has been submitted to amend Section 4.3.4(J) "Height
Defined", Section 4.6.18(B)(14)(i)(3) "Buildings Within The Downtown Area", and Appendix "An
"Definitions" of the LDR to allow and regulate sloped parapets. Pursuant to Section 1.1.6(A), an
amendment to the Land Development Regulations may not be made until a recommendation is
obtained from the Planning and Zoning Board.
Capex Construction & Development, through their attorney, Weiner & Aronson, has submitted a
formal LDR amendment to allow sloped parapets to be applied on flat roofs that are at the maximum
height limit for individual districts. The amendment will allow the sloped parapets up to 6' in height as
a decorative feature on top of a flat roof without altering the way height is measured. Currently this
option is only available for vertical parapets and this limits architectural detailing flexibility.
At its meeting of December 19, 2005, the Planning and Zoning Board held a public hearing in
conjunction with the text amendment. There was no one from the public that spoke on the issue. The
Board then voted unanimously 6-0 to recommend approval of the text amendment request to
regulate sloped parapets 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
L~R Section 2.4.5(M)(5).
By motion, move to approve the amendment to Land Development Regulations Chapter 4 "Zoning
Regulations", Section 4.3.4(J) "Base District Development Standards", "Height Defined", Section
4.6.18 "Buildings Within The Downtown Area", and Appendix A, "Definitions", to allow and regulate
slope parapets by adopting the findings of fact and law contained in the Staff Report and finding that
the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR
Section 2.4.5(M)(5).
Attachments:
· Ordinance No. 2-06
· Sloped Parapet Technical Detail
· Illustrations of Projects using Sloped Parapet Designs
· Planning and Zoning Board Staff Report dated December 19, 2005
\~
ORDINANCE NO. 2-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES
OF THE CITY OF DELRA Y BEACH, BY AMENDING SUBSECTION
4.3.4(J)(I), "DEFINED"; AMENDING SUBSECTION 4.3.4(1)(3)
"EXCEPTIONS TO DISTRICT HEIGHT LIMITATIONS"; AMENDING
SUBSECTION 4.6. 18(B)(14)(i), "ROOFS AND GUTTERS";
AMENDING APPENDIX "A", "DEFINITIONS", TO ALLOW AND
REGULATE PARAPETS; PROVIDING A SAVINGS CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning
Board reviewed the proposed text amendment at a public hearing held on
December 19, 2005, and voted 6 to 0 to recommend that the changes be
approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and
Zoning Board, sitting as the Local Planning Agency, has determined that the
change is consistent with and furthers the goals, objectives and policies of the
Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the
findings in the Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the
ordinance is consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS
FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.3.4, "Base District Development Standards",
Subsection 4.3.4(1)(1), "Defined", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach is hereby amended as follows:
(1) Defined: The vertical distance from grade to the highest finished
roof surface of a flat roof or to the mean level between eaves tie beams and ridge for
gable, hip or gambrel roofs. The height set forth in the matrix is the maximum height for
all structures within the respective zone district except as provided for in Subsection
4.3.4(1)(3)&(4).
Section 3. That Section 4.3.4, "Base District Development Standards",
Subsection 4.3.4(1)(3), "Exceptions to District Height Limitations", of the Land
ORD. NO. 2-06
Development Regulations of the Code of Ordinances of the City of Delray Beach is
hereby amended as follows:
ffl Parapets: Flat roofs shall be screened from adjacent properties
and streets with decorative parapets. The maximum height of the parapet wall shall be
six feet (6') in height or sufficient height to screen all roof mounted equipment,
whichever is greater, measured from the top of the roof deck to the top of the parapet
wall. In the cases of sloped parapet features, they shall be no more than seventy-two
inches (72") in height, project no more than twenty-four inches (24") beyond the face of
the building, proiect no more than twelve feet (12') into the flat roof area of the building
nor cover more than fifty percent (50%) of the flat roof area of the building.
Section 4. That Section 4.6.18, "Architectural Elevations and Aesthetics",
Subsection 4.6.18(B)(14)(i), "Roofs and Gutters", of the Land Development Regulations
ofthe Code of Ordinances of the City of Delray Beach is hereby amended as follows:
(i) Roofs and Gutters:
(1) Roof eaves above pedestrian walkways must be guttered to promote a
pedestrian friendly environment.
(2) Roofs and gutters must be built of durable materials and integrated into the
architectural design of the building.
(3) Flat roofs shall be screened from adjacent properties and streets with
decorative parapets. The maximum height of the parapet wall shall be six feet (6') in
height or sufficient height to screen all roof mounted equipment, whichever is greater,
measured from the top of the roof deck to the top of the parapet wall. In the cases of
sloped parapet features, they shall be no more than seventy-two inches (72") in height,
project no more than twenty-four inches (24") beyond the face of the building, proiect no
more than twelve feet (12') into the flat roof area of the building or cover no more than
fifty percent (50%) of the flat roof area of the building. Exception to the height
requirements shall be pursuant to Section 4.3.4(J).
(4) Roofmounted electrical, mechanical, air conditioning, and communication
equipment shall be completely screened from adjacent properties and streets. A sight line
study with the following information shall be submitted to Site Plan Review and
Appearance Board for approval:
(a) A two-dimensional cross section, at a minimum scale of 1:100, of
the site showing the building with the equipment screening in relation to the adjacent
properties or public street.
(b) Graphic illustration showing that the equipment is not visible
within a 200 foot radius. The radius shall be measured from the exterior side of the
screen to a point ten feet (10') above finished grade.
(5) Prohibitions:
2
ORD. NO. 2-06
(a) Flat asphalt shingles.
(b) Plastic gutters.
Section 5. That Appendix A "Definitions", of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach is hereby amended as
follows:
"Sloped Parapet" means an angled false front or wall extension above the roof
line.
Section 6. That should any section or provision ofthis 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 7. That all ordinances or parts of ordinances in conflict herewith be,
and the same are hereby repealed.
Section 8. That this ordinance shall become effective immediately upon its
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this
the _ day of , 2006.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
3
ORD. NO. 2-06
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PIDLLIPPI LANDINGS
Sansota, Florida
Trillium
Hutdlinson Island, Florida
JEFFERSON @ CAMINO REAL
Boca Raton, Florida
MEETING DATE:
DECEMBER 19, 2005
IV.C.
PRIVATELY INITIATED AMENDMENT TO LDR SECTION 4.3.4(J)(1),
4.6.18(B)(14)(i)(3), AND APPENDIX "A" DEFINITIONS TO REGULATE
SLOPED PARAPETS
AGENDA ITEM:
ITEM:
The item before the Board is that of making a recommendation to the City Commission
regarding a privately initiated text amendment to the Land Development Regulations (LDR) to:
Section 4.3.4(J)(1) "Height Defined", Section 4.6.18(B)(14)(i)(3) "Buildings Within The
Downtown Area", and Appendix "A" "Definitions".
The applicant proposes to amend the above listed sections of the LDR's to allow and regulate
sloped parapets, providing a savings clause, a general repealer clause, and an effective date.
Pursuant to Section 1.1.6(A), an amendment to the Land Development Regulations may not be
made until a recommendation is obtained from the Planning and Zoning Board.
Pursuant to LDR Section 2.4.5(M)(1), amendments to the Land Development Regulations may
be initiated by the City Commission, Planning and Zoning Board or City Administration; or an
individual may request an amendment. The proposed amendment is a privately initiated text
amendment to the Land Development Regulations and is now before the Board for action.
This amendment should be analyzed as a non-site specific application as it applies to any
project which may choose to design a sloped parapet. However, since this is a privately initiated
amendment, a brief background has been provided by the applicant as follows:
Capex Construction & Development, through their attorney, Weiner & Aronson, has submitted a
formal request letter, along with a sloped parapet detail drawing, and photographs of various
project examples, in application for allowing the sloped parapet type of architectural style
(attached). They are proposing to utilize sloped parapets for the upcoming Delray Beach Yacht
Club project. In their letter of application dated 9-28-05 Capex Construction & Development has
stated that the sloped parapet type of architecture is growing in popularity and that the proposed
ordinance will permit the City of Delray Beach to monitor and regulate its use.
Proposed Sloped Parapets Text Amendment
The proposal amendment revises the base district development standards for building height by
adding the requirement that flat roofs be screened from adjacent properties and streets with
IV.C.
~
Planning & Zoning Board Staff Report, December 19, 2005
Definitions to Regulate Sloped Parapets
decorative parapets. It specifies a six (6) foot maximum height for vertical parapet walls, or that
walls be of sufficient height to screen all roof mounted equipment.
Sloped parapet walls are specified to be no more than 6 feet (72 inches) in height and also
project no more than 24 inches beyond the building face, and project no more than 12 feet into
the flat roof area of the building. They are to cover no more than 50% of the flat roof area of the
building. This same language is also proposed to be added specifically to the supplemental
district regulations for Buildings within the Downtown Area.
One additional amendment to the definition of Height replaces the word "eaves" with the word
"tie beams". The current definition begins the height measurement for the roof at the eave. This
currently could allow an eave to be designed well below the tie beam plane in order to satisfy
the maximum height limitation while at the same time creating a roof higher than what the LDRs
intended. Measuring the building height using the tie beam feature will avoid extreme eave
overhangs from being presented in order to allow greater building heights.
The applicant has provided a typical sloped parapet detail illustration which includes the
construction material details for this architectural feature, as well as architectural examples of
sloped parapet walls taken from residential projects in other parts of Florida. The detail drawing
and project examples clearly illustrate the sloped parapet designs.
Comprehensive Plan Policies:
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and
the following objective is noted:
Future Land Use Element Obiective A-5 - The City shall maintain its Land Development
Regulations, which shall be regularly reviewed and updated, to provide streamlining of
processes and to accommodate Planned Unit Developments (PUD), Mixed-Use
Developments, and other innovative development practices.
The proposed text amendment will offer a new and innovative style of architectural design.
Pursuant to LDR Section 2.4.5(M)(5), in addition to provisions of 1.1.6(A), the City Commission
must make a finding that the text amendment is consistent and furthers the goals, objectives,
and policies of the Comprehensive Plan. Given the discussion above, positive findings with
respect to this amendment can be made.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
· Progressive Residents of Delray (PROD)
· President's Council
· Neighborhood Advisory Council
Letters of objection and support, if any, will be presented at the Planning and Zoning Board
meeting.
2
IV.C.
Planning and Zoning Board Staff Report, December .19, 2005
Definitions to Regulate Sloped Parapets
As stated in Future Land Use Element Objective A-5, the proposed text amendment will offer a
new and innovative style of architectural design for sloped roof parapets which promote
streamlining and flexibility in the Land Development Regulations. The updating of the Land
Development Regulations to allow and regulate sloped parapets will provide the City of Delray
Beach a further option and style for building roof designs which will visually and aesthetically
enhance the appearance of the City.
A. Postpone with direction.
B. Move a recommendation of approval to the City Commission for the text amendments to
amend Chapter 4 "Zoning Regulations", Section 4.3.4(J)(1) "Base District Development
Standards, Height, Defined"; Section 4.6.18 "Architectural Elevations and Aesthetics,
Building and Structure Requirements, Buildings Within The Downtown Area, Roofs and
Gutters", and Appendix A, Definitions, to allow and regulate slope parapets, and to provide a
savings clause, a general repealer clause, and an effective date by adopting the findings of
fact and law contained in the Staff Report and finding that the request is consistent with the
Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5).
C. Move a recommendation of denial to the City Commission for the text amendments to
amend Chapter 4 "Zoning Regulations", Section 4.3.4(J)(1) "Base District Development
Standards, Height, Defined", Section 4.6.18 "Architectural Elevations and Aesthetics,
Building and Structure Requirements, Buildings Within The Downtown Area, Roofs and
Gutters", and Appendix A, Definitions to allow and regulate slope parapets, and to provide a
savings clause, a general repealer clause, and an effective date by adopting the findings of
fact and law contained in the Staff Report and finding that the request is not consistent with
the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M)(5).
Move a recommendation of approval to the City Commission for the text amendments to amend
Chapter 4 "Zoning Regulations", Section 4.3.4(J)(1) "Base District Development Standards",
"Height", "Defined", Section 4.6.18 "Architectural Elevations and "Aesthetics" "Building and
Structure Requirements", "Buildings Within The Downtown Area", "Roofs and Gutters", and
Appendix A, Definitions, to allow and regulate slope parapets, providing a savings clause, a
general repealer clause, and an effective date by adopting the findings of fact and law contained
in the Staff Report and finding that the request is consistent with the Comprehensive Plan and
meets the criteria set forth in LOR Section 2.4.5(M)(5).
Attachments:
. Applicant's Proposed Amendment
. Sloped Parapet Technical Detail
. Illustrations of Projects using Sloped Parapet Designs
Staff Report Prepared by: James G. Cain, Senior Planner
3
IV,C.
~
FROM:
SUBJECT:
~ID T. HARDEN, CITY MANAGER
PA~RLI G, D < CTOR OF PLANNING & ZONING
~RONSON, P RKING MANAGEMENT SPECIALIST
/'
MEETING OF JANUARY 3, 2006 - REGULAR AGENDA
APPROVAL OF ORDINANCE 3-06, AMENDING SECTION 4.6.9(C) OF THE
CITY'S LAND DEVELOPMENT REGULATIONS FOR THE RESERVATION OF
ONE (1) PARKING SPACE PER RESIDENTIAL UNIT IN MIXED USE
DEVELOPMENTS UTILIZING THE SHARED PARKING TABLES
TO:
THRU:
Staff has been concerned over the last several years that residents in mixed use developments should not have
to compete with guests, or employees and customers of the non-residential uses, in mixed use developments. An
additional concern has been that subsequent to the issuance of a Certificate of Occupancy, spaces for residents
have been reserved, thus, skewing the available spaces for other uses in the development and potentially
creating a deficiency of available spaces. This is an issue because the shared parking table allows for a reduction
in the number of required spaces. If spaces are reserved, these spaces should not be subject to a reduction as
they are not available for other uses. In absence of this text amendment, Staff has been imposing this
requirement as a condition of approval for all mixed use developments. A developer's recent reluctance to provide
the requested reserved residential spaces has predicated this proposed text amendment.
Attached for your review is a City-initiated text amendment which will require mixed use projects, with a residential
component, that propose utilization of the optional shared parking calculations, to reserve one (1) parking space
per residential unit. Section 4.6.9(C)(8)(a) provides a means for mixed use projects located in the CBD, GC and
PC zoning districts to use the shared parking worksheet to calculate their required parking. The worksheet
accounts for the peak utilization of parking for various uses in mixed use projects (see below).
The attached ordinance requires that a minimum of one (1) parking space per residential unit, or any spaces
reserved for any other use, is placed in the "other" category which is calculated at a utilization rate of 100%.
Shared Parking Calculations Table
Use for multiple use projects which include residential in CBD, GC and PC zoning districts
Weekday Weekend
Night Day Evening Day Evening
Midnight to 9AMto 6PMto 9AMto 6 PM to
Use Reauired 6AM 4PM Midni~ ht 4PM MidniQht
Residential (Additional/Guest) 0 100% 0 60% 0 90% 0 80% 0 90% 0
Office 0 5% 0 100% 0 10% 0 10% 0 5% 0
Commercial/Retail 0 5% 0 70% 0 90% 0 100% 0 70% 0
Hotel 0 80% 0 80% 0 100% 0 80% 0 100% 0
Restaurant 0 10% 0 50% 0 100% 0 50% 0 100% 0
Entertainment/Recreational
(theatres, bowlino allevs, etc) 0 10% 0 40% 0 100% 0 80% 0 100% 0
Other 0 100% 0 100% 0 100% 0 100% 0 100% 0
TOTALS 0 0 0 0 0 0
\~C-
City Commission Staff Report
LOR Text Amendment To Section 4.6.9(C)
Modifying the Utilization of the Shared Parking Tables
Page 2
LOR Section 2.4,S(M)(S} (Findinas): Pursuant to LOR Section 2.4.S(M)(S) (Findings), in addition to LOR
Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with
and furthers the Goals, Objectives and Policies of the Comprehensive Plan.
A review of the Goals, Objectives and Policies of the adopted Comprehensive Plan was conducted. Objective A-5
of the Future Land Use Element states "The City shall maintain its Land Development Regulations, which shall be
regularly reviewed and updated, to provide streamlining of processes and to accommodate planned unit
developments (PUD), Mixed-use developments, and other innovative development practices". The proposed
amendment updates the provision for shared parking applied for mixed-use developments, and is consistent with
this objective of the City of Delray Beach Comprehensive Plan.
Parking Management Advisory Board (PMAB): At its meeting of October 15, 2005 the Board unanimously
recommended approval of the proposed amendment.
Community Redevelopment Agency (CRA): At its meeting of November 11, 2005, the Board unanimously
recommended approval of the proposed amendment.
Downtown Development Authority (DDA): At its meeting of November 14, 2005, the Board unanimously
recommended approval of the proposed amendment.
Pineapple Grove Main Street Board: At its meeting of December 7, 2005, the Board unanimously
recommended approval of the proposed amendment.
West Atlantic Redevelopment Coalition (WARC): At its meeting of December 13, 2005, the Board unanimously
recommended approval of the proposed amendment.
Planning & Zoning Board (P&Z): At its meeting of December 19, 2005, the Board unanimously recommended
approval of the proposed amendment.
By motion, approve Ordinance 3-06 by adopting the findings of fact and law contained in the staff report, and
finding that the proposed ordinance, and approval thereof, is consistent with the Comprehensive Plan and meets
the criteria set forth in Section 2.4.5(M) of the Land Development Regulations.
Attachment: Proposed Ordinance
ORDINANCE NO. 3-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 4,6.9, "OFF-STREET
PARKING REGULATIONS", SUBSECTION (C), "NUMBER OF
PARKING SPACES REQUIRED", PARAGRAPH (8)(A),
"SHARED PARKING", TO ESTABLISH STANDARDS FOR
RESERVED SPACES FOR MIXED USE DEVELOPMENTS;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LOR Section 1.1.6, the Planning and Zoning Board
reviewed the proposed text amendment at a public hearing held on December 19, 2006,
and voted 6 to 0 to recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning
Board, sitting as the Local Planning Agency, has determined that the change is
consistent with and furthers the goals, objectives and policies of the Comprehensive
Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings
in the Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance
is consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.6.9, "Off-Street Parking Regulations", Subsection (C),
"Number of Parking Spaces Required", Paragraph (8)(a), "Shared Parking", of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, be and the same is hereby amended to read as follows:
(8) Multiple Uses:
(a) Shared Parking: When a building or combination of buildings on a unified site is used for
both residential and commercial purposes, and is located with the CBD, GC, or PC zoning
district, the minimum total number of required parking spaces shall be determined by the
following method:
Multiply the required parking spaces for each individual use by the appropriate percentage listed
in the table below for each of the designated time periods. Add the resulting minimum required
spaces in each of the five vertical columns for the table. The minimum total parking requirement
is the highest sum of the vertical columns.
Shared Parking Calculations Table
Use for multiple use projects which include residential in CBD, GC and PC zoning districts
For mixed use developments utilizin!:! the shared parkin!:! calculations table. which contain both
residential and non-residential uses. a minimum of one (1) parkin!:! space shall be reserved for
each residential unit. These reserved spaces. or any spaces reserved for other uses. must be
included in the "other" cate!:!orv and applied as 100% utilization. Furthermore. subsequent to the
issuance of a Certificate of Occupancy (CO) the reservation of additional parkin!:! spaces will
require a site plan modification and be subiect to the provision of the minimum parkinq
requirements.
For projects approved using this methodology, any assignment of parking spaces to individual
residential or non residential uses shall require appro'y(al of the reviewing Board.
Section 3, That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent
2
ORD. NO.
jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof
as a whole or part thereof other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and
the same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this
the day of ,200_.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
3
ORD. NO.
MEMORANDUM
SUBJECT:
MAYOR AND CIlY COMMISSIONERS
CIlY MANAGERtJ'1V\
AGENDA ITEM # \ ~ - REGULAR MEETING OF JANUARY 3. 2006
ORDINANCE NO. 4-06 (AMENDING SECTION 91.20. "RUNNING AT
LARGE")
TO:
FROM:
DATE:
DECEMBER 30, 2005
This ordinance is before Commission for first reading to amend Chapter 91, "Animals" of the Code
of Ordinances by amending Section 91.20, "Running at Large", to clarify that "at large" shall mean
not under the direct control of owner whether on or off owner's property.
If passed, a public hearing will be scheduled for January 17,2006.
Recommend approval of Ordinance No. 4-06 on first reading.
S:\City Clerk\agenda memos Ord 4-06 Dogs Running at large 010306
ORDINANCE NO. 4-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 91.20,
"RUNNING AT LARGE", IN ORDER TO CLARIFY THAT DOGS MUST
BE UNDER THE OWNER'S DIRECT CONTROL WHETHER THEY ARE
ON OR OFF OF THE OWNER'S PROPERTY, PROVIDING A GENERAL
REPEALER CLAUSE; SAVING CLAUSE; AND AN EFFECTNE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to protect the
public health, safety and welfare of its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH AS FOLLOWS:
Section 1. That Section 91.20, "Running at Large", Subsection (B) of the Code of Ordinances of the
City of Delray Beach, be, and the same is hereby amended to read as follows:
Sec. 91.20 RUNNING AT LARGE.
(B) At large shall mean not under the direct control of the owner whether on or off the
l'ropertv of said owner.
(1) Direct control shall mean immediate, continuous, physical control of a dog at
all times such as by means of a leash, cord, secure fence or chain of such
strength to restrain the dog and controlled by a person capable of restraining the
dog, or safe and secure restraint within a vehicle.
Section 2. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such division shall
not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be
invalid. By adopting this ordinance, the City Commission intends that each part shall be separate from one
another and any part declared to be invalid or unconstitutional shall not affect the validity of any remaining
portions of the ordinance.
Section 3.
That all ordinances in conflict herewith be, and the same are hereby repealed.
Section 4.
That this ordinance shall become effective immediately upon passage.
PASSED AND ADOPTED in regular session on second and final reading on this the _ day of
,2006.
MAYOR
ArrEST:
City Clerk
First Reading
Second Reading
[IT' IF DELIA' BEAI:H
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t \
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
TELEPHONE: 561/243-7090' FACSIMILE: 561/278-4755
Writer's Direct Line: 561/243-7090
DELRAY BEACH
~
Ail-America City
, III I! DATE:
1993 TO:
MEMORANDUM
September 21, 2005
David T. Harden, City Manager
~
2001
FROM:
Terrill Barton, Assistant City Attorney
SUBJECT: Ordinance Ncr.iJ8-05 '-\- o~
Attached please find a revised ordinance amending Section 91.20 of the Code of
Ordinances of the City of Delray Beach in order to clarify that "at large" shall mean
not under the direct control of owner whether on or off property of the owner.
Should you have any questions, please do not hesitate to contact me at 243-7090.
TCB: smk
Attachment
cc: Lula Butler, Director of Community Improvement
Rich Bauer, Code Enforcement Administrator
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Message
Kucmerowski, Carolanne
Page 1 of2
From: Quinlan, Donna
Sent: Friday, December 30,20058:55 AM
To: Kucmerowski, Carolanne
Subject: RE: Attached Ord. regarding Dogs Running at Large
Lula said it's okay, put on agenda
-----Original Message-----
From: Kucmerowski, Carolanne
sent: Thursday, December 29, 2005 3:20 PM
To: Bauer, Richard
Cc: Quinlan, Donna; Butler, Lula
Subject: RE: Attached Ord. regarding Dogs Running at Large
Thanks!
~ 'J:::~
Executive Assistant/ Agenda Coordinator
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Phone (561) 243-7059
Fax (561) 243-3774
kucmerowsk@ci.delray-beach.fLus
-----Original Message-----
From: Bauer, Richard
sent: Thursday, December 29,20053:06 PM
To: Kucmerowski, Carolanne
Subject: RE: Attached Ord. regarding Dogs Running at Large
Looks ok to me.
-----Original Message-----
From: Kucmerowski, Carolanne
sent: Thursday, December 29, 2005 11:55 AM
To: Butler, Lula; Bauer, Richard
Cc: Quinlan, Donna
Subject: FW: Attached Ord. regarding Dogs Running at Large
Just following-up...,..... it is okay to add this ordinance to the 1/3 agenda?
Thank you,
~ 'J:::~
Executive Assistant! Agenda Coordinator
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
12/30/2005