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03-06-06 Agenda Reg City of Delray Beach Regular Commission Meeting 0/\ c/ftj ==::J RULES FOR PUBLIC PARTICIPATION Monday. March 6. 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 Delray 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 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 auxiliaty 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 Smith 243-7010, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Conunission Chambers. 1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: . February 21, 2006 - Regular Meeting 6. PROCLAMATIONS: A. Commending multiple medal winners - Delray Beach 2006 Senior Games B. Recognizing American Red Cross Month - March 2006 C. Recognizing Fair Housing Month - April 2006 7. PRESENTATIONS: . NONE 8. CONSENT AGENDA: City Manager Recommends Approval. A. LEASE AGREEMENT EXTENSION/FIRST PRESBYTERIAN CHURCH: Approve a lease agreement extension request to First Presbyterian Church for the Gleason Street Parking Lot. B. CONTRACT RENEWAL/PARKING PROS: Approve the renewal of a contract with Parking Pros for the staffing of the South County Courthouse Garage on weekend evenings. Funding is available from 001-3151-545-34.90 (General Fund/Other Contractual Services). C. PUBLIC PARKING FEE SPACES/CODA DEVELOPMENT: Approve the purchase of nineteen (19) public parking fee spaces in the amount of $304,000.00, in accordance with Ordinance No. 79-05, by the Coda Development, located on S.W. 1" Street, between S.W. 1" Avenue and S.W. 2nd Avenue. D. SERVICE AUTHORIZATION NO. 32.1/DAVID MILLER & ASSOCIATES. P.A.: Approve Service Authorization No. 32.1 to David Miller & Associates, P.A. in the amount of $121,000.00 for consulting services in the design of future expansion areas and interior renovations as part of the City Hall Space Study Project. Funding is available from 334-6112-519-31.30 (General Construction Fund/Engineering & Architectural) . 03-06-2006 - 2 - E. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB- RECIPIENT FUNDING AGREEMENT: Approve and authorize the execution of the funding agreement with sub-recipient, The Center for Technology, Enterprise, and Development, in the amount of $30,000.00. Funding is available from 118-1965-554- 83.01 (Comrnurtity Development Fund/Other Grants & Aids). F. GRANT AWARD WAIVER/STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP): Approve a one time waiver of the maximum $8,000.00 grant award established for the disaster relief strategy under the City's Local Housing Assistance Plan; and approve a payment of $8,750.00 to the Henry Cooper household. G. RESOLUTION NO. 13-06: Approve Resolution No. 13-06 opposing the removal of local cable franchise authority, which would preempt the City's authority over cable and video services; abrogate the franchise agreement with Adelphia; lower the City's revenue for cable services; reduce the City's public, educational, and government (pEG) capacity, and the City would lose the capital grant from Adelphia. H. REOUEST FOR PROPOSAL/MULTI SPACE METERS: Approve the Request for Proposal for the purchase, installation, and maintenance of multi space meters as advertised. I. THIRD AMENDMENT TO CONTRACT FOR SALE AND PURCHASE/ AUBURN TRACE: Approve the Third Amendment to the Contract for Sale and Purchase between the City and Auburn Trace, LID. to extend the closing date to March 15,2006 and to incorporate the Cooperation Agreement. J. HOLD HARMLESS AGREEMENT/STRUCTURES IN RIGHT-OF-WAY: Approve and accept a hold harmless agreement between the City and Samuel L. Hagan, Jonathan A. Fuchs, and Christina Hagan to allow a fence to be placed in the alley right- of-way. K. FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/ RESOLUTION NO. 14-06/HURRICANE WILMA: Approve a Joint Participation Agreement OPA) with the Florida Department of Transportation (FD01) for funding in an amount up to $287,440.59 for the City's removal of debris and police maintenance of traffic along roads classified by the Federal Highway Administration to be damaged by Hurricane Wilma; and approve Resolution No. 14-06. L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 21, 2006 through March 3, 2006. 03-06-2006 - 3 - M. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Taylor Data Systems, Inc. in the amount of $26,074.95 for the purchase of five (5) additional in-vehicle Mobile Data Terminals with software and wireless service for the Fire-Rescue Department. Funding is available from 334-6111-522-64.11 (General Construction Fund/Computer Equipment). 2. Various bid awards in the amount of $625,555.00 via the Florida Sheriffs' Association Contract #04-12-0823 Rollover, State of Florida Contract #007- 001-05-1, GSA Contract GS-30F-I029D, and the Florida State D.O.T. Contract #FVPP-05-CA-5 for the replacement of City vehicles. Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive). 3. Contract award to Hardrives, Inc. in an amount not to exceed $60,000.00 for the excavation, hauling, and disposal of excess lime sludge from the sludge overflow lagoon at the Water Treatment Plant. Funding is available from 442- 5178-536-46.90 (Water/Sewer Renewal & Replacement Fund/Other Repair & Maintenance). 9. REGULAR AGENDA: A. NATIONAL INDOOR FOOTBALL LEAGUE/TENNIS CENTER: Provide direction and authorize staff to finalize a contract with Image Sports Management, Inc., a member of the National Indoor Football League, for use of the Tennis Stadium and other facilities, including parking lots, for the Palm Beach Phantoms. B. CONDITIONAL USE REOUEST /DELRAY BEACH YACHT CLUB: Consider a request to allow a new yacht club with facilities (Yacht Club at Delray Beach) by allowing the demolition and reconstruction the current Delray Beach Yacht Club, located at 110 MacFarlane Drive, pursuant to Land Development Regulations (LOR) Sections 4.4.6(D)(9), "Conditional Uses and Structures Allowed; Yacht Club with Facilities", and 2.4.5(E)(5), "Conditional Use Required Findings". (Quasi-Judicial Hearing) C. WAIVER REOUESTS/CODA PROPERTY: Consider a request for waiver of Land Development Regulations (LOR) Section 4.4.17(H)(1), "Residential Office (RO) district; Special Regulations", and Section 4.6.9(D)(3)(c), "Design Standards; Stacking distance" associated with the Class V site plan for the CODA (fka Lighthouse) project, located at the southwest comer ofS.W. 1" Street and S.W. 1" Avenue. (Quasi-Judicial Hearing) D. CONDITIONAL USE REOUEST /MAROONE FORD: Consider a request to establish a parking and storage lot for vehicles within the MIC (Mixed Industrial and Commercial) district for Maroone Ford, located on the west side of Wallace Drive, between Georgia Street and Milfred Street. (Quasi-Judicial Hearing) 03-06-2006 - 4 - E. CONDITIONAL USE REOUEST /14TH AVENUE TOWNHOMES: Consider a request to allow a density in excess of 12 units per acre (12.4 dwelling units per acre proposed) in the Southwest Area Neighborhood Overlay District in accordance with the provision of the City's Family/Workforce Housing Ordinance, for 14th Avenue Townhomes, a proposed 24-unit townhome residential development, located on the east side of S.W. 14th Avenue, between S.W. 1" Street and S.W. 2nd Street. (Quasi Judicial Hearing) F. AGREEMENT /CGI COMMUNICATIONS. INC.: Consider approval of an agreement with CGI Communications, Inc. to provide an online community video program for the City. G. SPECIAL EVENT REOUEST /DELRAY AFFAIR: Consider approval of a special event request from the Chamber of Commerce to endorse the 44th DeIray Affair to be held on April 21-23, 2006; contingent upon the staff recommended exceptions, receipt of a certificate of general liability insurance, liquor liability insurance, and a hold hannless agreement. H. SPECIAL EVENT ASSISTANCE REOUEST /PALM BEACH INTERNATIONAL FILM FESTIVAL: Consider approval of request from the Palm Beach International Film Festival to prepare and put up event signage, hang 30 banners on our decorative light poles, and allow the use of seven (7) metered parking spaces on A-I-A, across from the Marriott, at no charge. I. SPECIAL EVENT SIGNAGE REOUEST /WAYSIDE HOUSE: Consider approval of a request from the Wayside House to allow the placement of five (5) event signs for the Spring Boutique fundraiser to be held March 7-9, 2006 at the Colony Hotel. Staff recommends denial. J. MORATORIUM/DEVELOPMENT PROPOSALS/HISTORIC DISTRICTS: Consider a six (6) month moratorium on the demolition and large scale construction in the historic districts. 10. PUBLIC HEARINGS: A. ORDINANCE NO. 11-06 (fIRST READING/FIRST PUBLIC HEARING): City initiated amendment to Land Development Regulations Section 2.4.4(E) (2), "Expiration of Approvals: Conditional Uses, Site Plans, Landscaping Plans, Architectural Plans, Preliminary Subdivision Plats", to clarify the timeframes for development approvals. If passed, a second public hearing will be scheduled for March 21,2006. B. ORDINANCE NO. 12-06: An ordinance amending Chapter 37, "DeIray Beach Code Enforcement", Section 37.45, "Supplemental Code Enforcement Procedures", of the Code of Ordinances, to include enforcement by Law Enforcement Officers of all non- criminal City ordinances. 03-06-2006 - 5 - 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. 13-06: An ordinance amending Chapter 36, "Finance; City Property Transactions", Section 36.01, "Compliance with Standard Practice Instructions", of the Code of Ordinances, to provide that personal services contracts are exempt from the requirements of Chapter 36. If passed, a public hearing will be held on March 21, 2006. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: MARCH 3, 2006 03-06-2006 - 6 - FEBRUARY 21. 2006 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 6:03 p.m., Tuesday, February 21,2006. 1: Roll call showed: Present - Commissioner Patricia Archer (arrived at 6:09 p.m.) Commissioner Rita Ellis Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - David T. Harden, City Manager Susan A. Ruby, City Attorney Also present were - Chevelle D. Nubin, City Clerk Brian Shutt, Assistant City Attorney Douglas Smith, Assistant City Manager 2. The opening prayer was delivered by Reverend Ron Arflin with Abbey Delray South. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor Perlman stated Item 8.P., Third Amendment to Contract for Sale and Purchase/Auburn Trace, has been removed from the Agenda. He noted Item 10.B., Ordinance No. 5-06, will not be heard this evening and will come back before the Commission in May 2006. In addition, Item 10.C., Ordinance No. 6-06 is being removed due to a request from the City Attorney and will be finalized after site plan approval by the Site Plan Review and Appearance Board (SPRAB). Also, Mayor Perlman stated there is additional information for Item 8.K, Chanl!e Order No. l/West Construction. Inc. Ms. McCarthy moved to approve the Agenda as amended, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. 02/21/06 5. APPROVAL OF MINUTES: Mrs. Ellis moved to approve the Minutes of the Regular Meeting of February 7, 2006, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis- Yes. Said motion passed with a 4 to 0 vote. Ms. McCarthy moved to approve the Minutes ofthe Workshop Meeting of February 14, 2006, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote. 6. PROCLAMATIONS: . NONE 7. PRESENTATIONS: 7.A. RESOLUTION NO. 9-06: Recognizing and commending Robert Phillips for 35 years of dedicated service to the City of Delray Beach. The caption of Resolution No. 9-06 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, RECOGNIZING AND COMMENDING ROBERT PHILLIPS FOR THIRTY-FIVE YEARS OF DEDICATED SERVICE TO THE CITY OF DELRA Y BEACH. (The official copy of Resolution No. 9-06 is on file at the City Clerk's Office. ) Mayor Perlman read and presented Resolution No. 9-06 to Mr. Phillips. Mr. Levinson moved to approve Resolution No. 9-06, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. 7.B. Recol!nizinl! and commendinl! C. Ron Allen for receivinl! the Governor's Points of Lil!ht Award Mayor Perlman read and presented the Governor's Points of Light Award to C. Ron Allen. Mr. Allen came fOlWard and gave a few brief comments. -2- 02/21/06 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RESOLUTION NO. 11-06: Approve Resolution No. 11-06 abandoning a portion of an unimproved north-south alleyway within Block 2 of the plat of Sophia Frey Subdivision Addition to Delray. The caption of Resolution No. 11-06 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF A NORTH- SOUTH UNIMPROVED ALLEY RIGHT-OF-WAY LYING BETWEEN LOTS 4,5,6,7 AND 13,14,15,16, BLOCK 2, SOPHIA FREY ADDITION TO DELRA Y, LOCATED BETWEEN NORTH FEDERAL HIGHWAY (U.S. 1) AND NE 7TH AVENUE, APPROXIMATELY 150' NORTH OF GEORGE BUSH BOULEVARD, BUT RESERVING AND RETAINING TO THE CITY A GENERAL UTILITY EASEMENT OVER THE ENTIRE ABANDONMENT AREA AS MORE PARTICULARLY DESCRIBED IN EXHffiIT "A". (The official copy of Resolution No. 11-06 is on file at the City Clerk's Office. ) 8.B. RESOLUTION NO. 12-06: Approve Resolution No. 12-06 assessing costs for abatement action required for the emergency board-up of an unsafe structure located at 614 N.W. 2nd Street. The caption of Resolution No. 12-06 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. - 3 - 02/21/06 (The official copy of Resolution No. 12-06 is on file at the City Clerk's Office. ) 8.C. FIRST AMENDMENT AND EXTENSIONIMEMORANDUM OF AGREEMENT/SOUTH FLORIDA URBAN SEARCH AND RESCUE TASK FORCE: Approve the First Amendment and Extension to the South Florida Urban Search and Rescue Task Force Memorandum of Agreement for the City's continued participation in the South Florida Urban Search and Rescue Task Force. 8.D. RESOLUTION NO. 8-06: Approve Resolution No. 8-06 recognizing and commending John J. Fletcher, Jr. for 30 years of dedicated service to the City of Delray Beach. The caption of Resolution No. 8-06 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, RECOGNIZING AND COMMENDING JOHN J. FLETCHER, JR. FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRA Y BEACH. (The official copy of Resolution No. 8-06 is on file in the City Clerk's office. ) 8.E. RATIFICATION OF THE OLD SCHOOL SOUARE BOARD OF DIRECTORS FOR 2006: Approve and ratify the proposed slate of Directors for the Old School Square Board for 2006. 8.F. RATIFICATION OF THE SISTER CITIES COMMITTEE BOARD OF DIRECTORS FOR 2006: Approve and ratify the proposed slate of Directors for the Sister Cities Committee for 2006. 8.G. CONTRACT CANCELLATIONIFIRST GENESIS LAWN SERVICE. INC.: Authorize the cancellation of the contract with First Genesis Lawn Services, Inc. for landscape maintenance of Atlantic Avenue (west of the CSX Railroad to Military Trail) and authorize staffto re-bid this project. 8.H. AGREEMENT/PALM BEACH COUNTYIMILLER PARK: Approve and accept a Palm Beach County Recreation Assistance Program Funding Agreement between the City and Palm Beach County in the amount of $10,000.00 for construction of the Miracle Field at Miller Park. 8.1. AGREEMENT/PALM BEACH COUNTYILAKE IDA PARK: Approve and accept a Palm Beach County Florida Boating Improvement Program Project Agreement between the City and Palm Beach County for funding in the amount of a $100,000.00 grant for renovations to Lake Ida Park. - 4- 02/21/06 S.J. FINAL PAYMENT (CONTRACT CLOSEOUT)/BERMUDA LANDSCAPE: Approve final payment (contract closeout) in the amount of $30,771.50 to Bermuda Landscape DBA Southeastern Irrigation for the completion of the West Linton Boulevard Beautification Project. Funding is available from 119-4151-572-63.20 (Beautification Trust Fund/Landscaping/Beautification). S.I(. CHANGE ORDER NO. l/WEST CONSTRUCTION. INC: Approve Change Order NO.1 between the City and West Construction, Inc. in the amount of $75,357.00 for the addition of previously removed improvements to the Machek Boy Scout Park Project. Funding is available from 380-4150-572-63.25 (2004 G.O. BondlMike Machek Boy Scout Park). (Additional information included a change in the amount of Change Order No.1 from $69,709.00 to $75,357.00). S.L. GRANT FUNDING REOUEST/PALM BEACH INTERNATIONAL FILM FESTIVAL 2006: Approve authorizing the Mayor to submit a funding request to County Commissioner Mary McCarty in the amount of $38,000.00 from the District IV Recreation Assistance Program Fund to assist with the cost of hotel accommodations for the 2006 Palm Beach International Film Festival; and approve the advance of funds until the grant is received. S.M. SPECIAL EVENT/BEACH TENNIS USA: Approve a special event request from Beach Tennis USA for a Beach Tennis USA Event to be held at the municipal beach on May 4-7, 2006; contingent upon receipt of a revised insurance certificate. S.N. UNDERGROUND UTILITY CROSSING AGREEMENT FEE INCREASE/FLORIDA EAST COAST RAILWAY COMPANY (FEC): Approve a Florida East Coast Railway Company (FEe) annual fee increase from $9,200.00 to $14,820.00 for underground utility crossings. S.O. CONTRACT ADDITION (CHANGE ORDER NO. 3)!JMW CONSTRUCTION. INC: Approve a Contract Addition (Change Order No.3) between the City and JMW Construction, Inc. in the amount of $106,952.00 for the addition of previously removed improvements to the Lake Ida Park Project. Funding is available from 380-4150-572-63.26 (2004 G.O. Bond/Lake Ida Park). S.P. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. ~ FY 2006 PEFORMANCE MEASURES/GOLF COURSES AND TENNIS FACILITIES: Approve the proposed performance measures for FY 2006 for the Municipal Golf Course, Lakeview Golf Course, and Tennis Facilities. S.R. SATISFACTION OF MORTGAGEIRELEASE OF NOTE/ AGREEMENTS/COVENANTS CONVEYING THE RIGHT OF FIRST REFUSAL AND RELEASE OF OPTION TO PURCHASE PROPERTY/CRC RECOVERY FOUNDATION.INC.: Approve the Satisfaction of Mortgage and Note and Release of Option to Purchase the CRC Recovery Foundations, Inc. property, located on N.E. 2nd - 5 - 02/21/06 Street. 8.S. SERVICE AUTHORIZATION NO. 7/MATHEWS CONSULTING, INC.: Approve Service Authorization No.7 to Mathews Consulting, Inc. in the amount of$141,975.00 for consulting services for planning, design, and construction of the Area 4 Reclaimed Water Transmission System Extension Project. Funding is available from 441-5181-536-65.96 (Water/Sewer Fund/Reclaimed Water Transmission System). 8.T. COMMISSIONER'S HEALTH INSURANCE/POLICY CHANGE: Approve a change to the City's group medical coverage to extend the group medical coverage to former City Commissioners that have served six (6) full years. 8.U. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 6, 2006 through February 17, 2006. 8.V. AWARD OF BIDS AND CONTRACTS: 1: Purchase award to Water Treatment & Controls Co. in the amount of $87,522.00 as a sole source purchase for the provision and installation of all equipment required for implementation of a sodium hypochlorite system at the City's Water Treatment Plant. Funding is available from 442-5178-536-64.45 (Water/Sewer Renewal and Replacement Fund/Gas Chlorine Conversion). 2. Purchase award to DataFlow Systems in the amount of $19,625.00 and Car-Comm, Inc. in the amount of $6,452.50 for a total amount of $26,077.50 for the sole source purchase of 25 radio computer boards and 25 radio units to replenish the City's in-house stock of utility monitoring telemetry system radios for the upcoming hurricane season. Funding is available from 442-5178-536-64.90 (Water/Sewer Renewal & Replacement Fund/Other Machinery/Equipment). 3. Contract award to Almazan Brothers in the amount of $85,120.00 for the Royal Palm Drive Road Construction Project. Funding is available from 334-3162-541-65.84 (General Construction Fund/Royal Palm Drive). 4. Contract award to Blackhawk Security, Inc. in the amount of $28,520.00 for security services at Pompey Park. Funding is available from 001-4127-572-34.40 (General Fund/Temporary Services). 5. Contract award to Data Flow Systems, Inc. in the amount of $30,116.00 for the provision of materials and services required for restoration and upgrade of the telemetry monitoring and control systems for the City's Aquifer Storage & Recovery (ASR) Well. Funding is available from 442-5178-536-46.90 (Water/ Sewer - 6 - 02/21/06 Renewal & Replacement Fund/Other RepairlMaintenance). 6. Purchase award to Pierce Manufacturing through Ten-8 Fire Equipment, Inc. of Bradenton, Florida in the amount of $422,806.00 for the purchase of one (I) 2006 Pierce Custom Engine-Pumper fire suppression vehicle for the Fire-Rescue Department. Funding is available from 501-3312-591-64.25 (Central Garage FundlHeavy Equipment) and 551-1575-591-45.50 Business Insurance Fund/Property Claims). Mr. Levinson moved to approve the Consent Agenda as amended, seconded by Ms. McCarthy. 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. 9. REGULAR AGENDA: 9.A. CONDITIONAL USE EXTENSION REOUEST/ASTOR: Consider an extension request for the conditional use approvals which allowed a building height in excess of 48 feet (58' 2" approved) and which allowed a density in excess of30 units per acre (43 dwelling units per acre) in the CBD (Central Business District) for Astor (fka Villas in the Grove), located at the northeast comer of Pineapple Grove Way and N.E. 1st Street. (Quasi-Judicial Hearing) Mayor Perlman read 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. The Commission had no ex parte communications to disclose. Mark McDonnell, Assistant Planning Director, entered the Planning and Zoning Department project file #2004-084 into the record. Mr. McDonnell stated this is a request to grant an extension of two conditional use approvals; one allows a building height in excess of 48 feet and the second allows the residential units to exceed 30 units per acre for Astor (fka Villas in the Grove). The location of the property is at the northeast comer of Pineapple Grove Way and N.E. 1st Street. The development proposal incorporates Lots 1-8 and Lots 13-16, Block 83, Town of Linton Plat and is approximately 2.10 acres. There was a demolition of the one-story portion of a building called "Creations of Delray Beach" and the proposal was for a 5-story new construction, two and one-half levels of parking and three levels of residential dwelling units (39 units). The proposed four-story mixed-use building will contain 51 residential dwelling units, six (6) retail bays totaling 8,056 square feet, two (2) office bays totaling 2,138 square feet and a covered parking area. -7- 02/21/06 On March 11,2004, the conditional use was approved; on April 14, 2004, the Site Plan Review and Appearance Board (SPRAB) granted site plan approval; on October 24, 2005, a Class III site plan modification was approved by the Site Plan Review and Appearance Board (SPRAB); and on June 7, 2005, the subdivision plat was approved. Demolition permits for the one-story portion of the existing building were issued and the building has been demolished. Mr. McDonnell stated to achieve a commencement of construction start the applicant would have had to spend 25% of the total construction cost by now in order to lock in the approval. The demolition and current level of construction does not represent 25% of the total cost of all improvements; and it does not appear that the development will achieve this threshold by the expiration date. Therefore, the conditional use approvals will expire on March 11, 2006 unless approvals of the conditional uses are granted. Staff recommends approval to the extension for the height at 58 feet 2 inches and the density at 43 units per acre and that the approval is extended by 24 months which will take this to March 11,2008. Jason Mankoff, Attorney with Weiner & Aronson, P.A., 102 N. Swinton Avenue, Delray Beach, stated his client purchased the property six months after the original approval and made significant improvements to it at that time. For the record, Mr. Mankoff stated there have been 20 previous requests for extensions and all 20 have been approved. He entered a book into the record and urged the Commission to approve the conditional use extension request for Astor. Mayor Perlman stated if anyone from the public would like to speak in favor or in opposition of the conditional use extension request, to please come forward at this time. There being no one from the public who wished to give testimony on this item, the public hearing was closed. Mayor Perlman asked if this item comes before the Commission first then why then does it have to go back to SPRAB. Mr. McDonnell stated in this particular case the conditional use has to precede the site plan re-approval. Mr. Shutt stated this does not go back to SPRAB or HPB because the Commission is making the final determination on the conditional use extension this evening. Brief discussion between the Commission and staff followed. Brian Shutt, Assistant 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, 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. At this point, Mr. Levinson moved to amend the Agenda to include a short presentation by Match Point, Inc. who are present this evening with the understanding that they were going to be scheduled for this Agenda. - 8 - 02/21/06 Mr. Levinson moved to approve to add a presentation by Match Point, Inc. as Item 9.A.A., 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. 9.A.A. Match Point, Inc. Presentation: Mark Baron, Tournament Director of the International Tennis Championships presented the City of Delray Beach with a crystal trophy and an original poster of the event signed by Andre Agassi, Robbie Ginepri and James Blake. Mayor Perlman thanked and commended Mr. Baron for the great job he did on the tournament and noted this was the best year ever. Ms. McCarthy thanked Mr. Baron for all the things he did for the children in the city during this tournament and stated the Commission sincerely appreciates it. 9.8. WAIVER REOUEST/LOT DIMENSION: Consider a request to waive Land Development Regulations (LDR) Section 4.3.4(K), "Development Standards Matrix", to reduce the lot frontage, lot width, and lot size to allow the combination of existing nonconforming lots to create three (3) new buildable lots for Lots 13, 14, 15, 16, 32, and 33, Subdivision of Block 15, located on the south side ofS.W. 2nd Street, between S.W. 6th Avenue and S.W. 7th Avenue. (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. Mark McDonnell, Assistant Planning Director, entered the Planning and Zoning Department project file #2006-115 into the record. Mark McDonnell, Assistant Planning Director, stated this is a request from Mr. Fred Griffin (Fred Griffin Construction, Inc.) on behalf of the owners to combine six existing nonconforming lots to create three 50 foot wide buildable lots. Mr. McDonnell stated currently the proposed lots do not meet lot frontage, lot width, or lot area requirements. The lots are located between S.W. 2nd Street and S.W. 3rd Street between S.W. 2nd and 3rd Avenues. He reiterated that they would be taking 25 foot wide lots and turning them into 50 foot wide lots. As per LDR Section 4.3.I(D), the City Commission has the authority to grant relief of the following standards (LDR Section 4.3.4(K) Development Standards Matrix): (I) reduction of required lot frontage from 60 feet to 50 feet; (2) reduction of required lot width from 60 feet to 50 feet; and, (3) reduction of required lot size from 7,500 square feet to 6,655 square feet. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the granting body shall make findings that the granting of the waiver; (a) shall not adversely affect the neighborhood area; (b) shall not significantly diminish the provision of public facilities; (c) shall not create an unsafe - 9 - 02/21/06 situation; and, (d) does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The 50 foot wide lots are fairly standard in the southwest area and are more common than the minimum required lot widths of 60 feet or greater. The majority of the single family residences built through the Renaissance Program in this general area have been constructed on 50 foot wide lots and the proposal is consistent with the surrounding development pattern. In March 2004, the Delray Beach Community Redevelopment Agency (C.R.A.) requested a similar waiver for Lots 22-26 of Block 15 and was approved. The waivers will not adversely affect the neighboring area, diminish public facilities, or create an unsafe situation and an approval has been granted in a similar situation. Staff recommends approval of the waivers to LDR Section 4.3.4(K)(Development Standards Matrix) to reduce the lot frontage, lot width and lot area subject to a Declaration of Unity of Title being recorded and a survey showing the recombination of the lots. Fred Griffin, 305 S. Swinton Avenue, Delray Beach (applicant), stated he is only requesting that the lots be buildable and noted that 90% of the lots in this area are already 50 foot lots. Mr. Griffin stated Fred Griffin Construction, Inc. is going to build rental housing. Mayor Perlman stated anyone from the public who would like to speak in favor or in opposition of this request, to please come forward at this time. Mr. Baptiste, 343 S.E. 3'd Avenue, Delray Beach, stated he received a notice because he lives within the vicinity ofthe project. There being no one else from the public who wished to give testimony on this item, the public hearing was closed. Mr. Levinson moved to approve the waiver request per LDR Section 4.3.4(K) reducing lot frontage, lot width and lot size for three (3) lots as indicated in the Planning and Zoning staff report, 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.C. BID AWARD/SPORTS TURF ONE. INC.: Consider approval of a bid award to second lowest bidder, Sports Turf One, Inc., in the estimated annual amount of $22,817.64 for the landscape maintenance of two (2) baseball fields at Pompey Park. Funding is available from 001-4131-572-34.90 (General Fund/Other Contractual Services). Joseph Weldon, Director of Parks and Recreation, stated staff recommends awarding the contract award to Sports Turf One, Inc. (second lowest bidder) for the landscape maintenance of two baseball fields at Pompey Park. Staff feels the low bidder, Wellons Lawn Maintenance, does not have the experience, equipment, or proper knowledge to maintain Bermuda grass. - 10- 02/21/06 Ms. McCarthy asked if staff performed an on-site visit. In response, Mr. Weldon stated the Parks Superintendent always visits and looks at the equipment, etc. Mrs. Ellis moved to approve awarding the bid to Sports Turf One, Inc. (second lowest bidder) in the amount of $22,817.64, seconded by Mrs. Archer. 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. 9.D. REOUEST TO REDUCE LIENS/SUAREZ: Consider a request from Mr. Onofre Suarez to waive the interest and administrative fees totaling $5,256.98 assessed for abating nuisances on a vacant lot located on S.W. 7'h Avenue. Mr. Suarez is prepared to pay the remaining lien of$I,506.15. Staff recommends approval. Lula Butler, Director of Community Improvement, stated this is a request from Mr. Onofre Suarez to release a portion of liens assessed to a vacant lot he purchased in 1999 located in the 1100 block of S.W. 7th Avenue (legally described as Ridgewood Heights). The amount ofliens and interest to be reduced is in the amount of $5,256.98. Mr. Suarez had indicated that he is willing to build a single family house to this lot. The total amount of liens assessed on the property is $6,763.13 and he agrees to pay the City's out-of-pocket costs in the amount of$I,506.15. This is consistent with the City's policy adopted by the City Commission on October 21, 2003. Staff recommends approval of the reduction in the amount of $5,256.98 contingent upon Mr. Suarez paying the out-of- pocket cost within 30 days of the City Commission's decision and a release of liens as a building permit is submitted. Ms. McCarthy asked Mrs. Butler when this program was set up if there was any criteria towards the buildings being affordable housing. In response, Mrs. Butler stated there was no discussion about this; however, staff feels because of the location most of them are somewhat affordable. Mr. Levinson stated he concurs with comments expressed by Commissioner McCarthy and suggested that if it is an affordable house under the definitions established then the Commission will waive the additional fees; however, ifit is going to be a market rate house that when the building permit is filed the fees will not be waived. Mrs. Butler stated staff will bring the policy back to the Commission to amend it to include the criteria as recommended. Mr. Levinson moved to approve Mr. Suarez's request to reduce liens assessed to property located on S.W. 7th Avenue (vacant lot) in the amount of$5,256.98; the balance of the lien ($1,506.15) representing the City's out-of-pocket costs must be paid within 30 days of Commission approval and the release of the reduced lien amount shall be coordinated with the submission of a building permit for a single family home, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor - 11 - 02/21/06 Perlman - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.E. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing Authority for a four (4) year term ending March 6, 2010. Based upon the rotation system, the appointment will be made by Mayor Perlman (Seat #5). Mayor Perlman stated he wished to reappoint Morris Weinman as a regular member to the Delray Beach Housing Authority for a four (4) year term ending March 6, 2010. Mr. Levinson so moved, 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.F. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular member to the Education Board for an unexpired term ending July 31, 2007. Based upon the rotation system, the appointment will be made by Commissioner Ellis (Seat #1). Mrs. Ellis moved to appoint Dr. Sandra Tobias as a regular member to the Education Board for an unexpired term ending July 31, 2007, seconded by Ms. McCarthy. 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.G. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint two (2) regular members to the Nuisance Abatement Board for two (2) year terms ending March 31, 2008. Based upon the rotation system, the appointments will be made by Commissioner Ellis (Seat #1) and Commissioner Archer (Seat #2). Mrs. Ellis moved to reappoint Susan Kay as a regular member to the Nuisance Abatement Board for a two year term ending March 31, 2008, seconded by Mr. Levinson. 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. Mrs. Archer moved to reappoint Greta Britt as a regular member to the Nuisance Abatement Board for a two (2) year term ending March 31, 2008, 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. 9.H. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint one (1) regular member to the Parking Management Advisory Board to represent the Atlantic Avenue corridor between Swinton Avenue and the Intracoastal for a two (2) year term ending January 31, 2008. Based upon the rotation system, the - 12 - 02/21/06 appointment will be made by Mayor Perlman (Seat #5). Mayor Perlman stated he wished to appoint Mark Denkler as a regular member to the Parking Management Advisory Board for a two (2) year term ending January 31, 2008. Mr. Levinson so moved, seconded by Ms. McCarthy. 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. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 7-06: Rezoning from SAD (Special Activities District) Waterford Place/Delint to RM (Medium Density Residential) for Bahia Delray (fka Waterford Village Apartments), located approximately 2,100 feet south of Linton Boulevard, between 1-95 and Lindell Boulevard. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. (Quasi-Judicial Hearing) The caption of Ordinance No. 7-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED SAD (SPECIAL ACTIVITIES DISTRICT) W ATERFORD PLACE/DELINT TO RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE NORTH SIDE OF AUDUBON BOULEVARD, ON THE WEST SIDE OF DOTTEREL ROAD, BETWEEN 1-95 AND LINDELL 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. (The official copy of Ordinance No. 7-06 is on file in the City Clerk's office. ) Brian Shutt, Assistant 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 Del ray Beach, Florida. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. - 13 - 02/21/06 Mayor Perlman asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. No staff presentation was provided. The applicant gave a brief presentation and urged the Commission to support the rezoning from SAD (Special Activities District) to RM (Medium Density Residential). Mayor Perlman asked if anyone from the public would like to speak in favor or in opposition of the rezoning, to please come fOlWard at this time. Maureen Turner, 1012 Del Harbour Drive, Delray Beach, expressed concern over the traffic that will be generated from this project (will be located south of Linton Boulevard) because the cars will be using the Linton Boulevard Bridge. She stated this means more cars coming up to use the Linton Boulevard Bridge where she lives and commented that the noise is horrendous as it stands now. There being no one else who wished to address the Commission, the public hearing was closed. Mr. Levinson moved to adopt Ordinance No. 7-06 on Second and FINAL Reading, 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. 10.B. 10.C. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 10.D. ORDINANCE NO. 9-06: An ordinance amending Chapter 102, "Streets and Sidewalks", of the Code of Ordinances by enacting Section 102.43, "Standards for Newsracks and Modular Newsracks, including Maintenance, Installation, and Locations", to provide additional standards for the safe and secure installation of newsracks throughout the City. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 9-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH BY AMENDING CHAPTER 102, "STREETS AND SIDEWALKS", SECTION 102.43, "STANDARDS FOR NEWSRACKS AND MODULAR NEWSRACKS, INCLUDING MAINTENANCE, - 14 - 02/21/06 INSTALLATION AND LOCATIONS", TO PROVIDE ADDITIONAL STANDARDS FOR THE SAFE AND SECURE INSTALLATION OF NEWSRACKS THROUGHOUT THE CITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 9-06 is on file in the City Clerk's office.) Brian Shutt, Assistant 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 Del ray Beach, Florida. Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 9-06, the public hearing was closed. Mr. Levinson moved to adopt Ordinance No. 9-06 on Second and FINAL Reading, seconded by Ms. McCarthy. 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. 10.E. ORDINANCE NO. 10-06: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", Section 96.16, "Certain Codes Adopted by Reference", of the Code of Ordinances, by updating the references to the Florida Building Code and National Fire Protection Association Codes and providing a procedure for affected individuals to challenge the City's local amendment provisions. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 10-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, BY AMENDING SECTION 96.16, "CERTAIN CODES ADOPTED BY REFERENCE", BY UPDATING THE REFERENCES TO THE FLORIDA BUILDING CODE AND TO CERTAIN NATIONAL FIRE PROTECTION ASSOCIATION CODES; ENACTING A NEW SECTION 96.17, "APPEALS", TO PROVIDE A PROCEDURE FOR AFFECTED INDIVIDUALS TO CHALLENGE THE CITY'S LOCAL AMENDMENT PROVISIONS; PROVIDING A SAVING CLAUSE, A - 15 - 02/21/06 GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 10-06 is on file in the City Clerk's office. ) Brian Shutt, Assistant 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 ofthe City of Delray Beach, Florida. Mr. Shutt stated this ordinance puts the Fire Code in with Florida State Statute as providing an appeal process in case someone wishes to challenge any local amendments that the City of Delray Beach may adopt. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 10-06, the public hearing was closed. Ms. McCarthy moved to adopt Ordinance No. 10-06 on Second and FINAL Reading, seconded by Mr. Levinson. 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. 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. Douglas Smith, Assistant City Manager, had no comments or inquiries on non-agenda items. 11.B. From the Public. I1.B.1. Maureen Turner. 1012 Del Harbour Drive. Delrav Beach. stated she has addressed the City Commission and the Palm Beach County Commission on this issue. Ms. Turner expressed concern over the noise generated by the Linton Boulevard Bridge. She urged the Commission to hold a workshop to address the issue. She stated approximately two years ago Commissioner Archer was going to investigate to see how the City of Boca Raton received Federal funding to put cement on their bridge. Ms. Turner stated she is awakened every morning. at 5:30 a.m. and last night was awakened at 1 :00 a.m. in the morning from the banging noise generated from the cars traveling over the Linton Boulevard Bridge. She asked what the City plans to do and urged the Commission to hold a workshop as was done for residents on the beach regarding the bike paths along A-I-A. Mayor Perlman stated this is a County bridge not a Federal bridge. The City of Delray Beach sent letters and asked staff to explore this. He stated it would cost - 16 - 02/21/06 millions of dollars to re-build the bridge and noted that Delray Beach taxpayers will not pay to rebuild a County bridge and the County has turned this down. He stated the Commission can re-instruct staff to see ifthere are any new technologies that we can look into to get some relief. Mrs. Archer stated the reason the bridge cannot be soundproofed is because there is not enough clearance when the bridge moves to put anything else on it and the hinges are not strong enough to carry any more weight. 11.B.2. Laurie Merteu. 1010 Del Harbour Drive. Delrav Beach. stated she moved into the area from Ocean Ridge a little over a year ago and echoed comments expressed by Ms. Turner. Mayor Perlman suggested that Ms. Merten contact Palm Beach County Commissioner Mary McCarty regarding this issue. 11.B.3. Gerry Franciosa. 939 Eve Street., Delrav Beach. thanked Commissioner McCarthy and Commissioner Archer for their time on this Commission and stated it has been a pleasure to work with them. He stated he wrote a letter to the Editor of the Sun- Sentinel and received a telephone call about it; however, they did not publish his letter. At this point, the time being 7:16 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 12-06: An ordinance amending Chapter 37, "Delray Beach Code Enforcement", Section 37.45, "Supplemental Code Enforcement Procedures", of the Code of Ordinances, to include enforcement by Law Enforcement Officers of all City ordinances. If passed, a public hearing will be held on March 6, 2006. The caption of Ordinance No. 12-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 37, "DELRAY BEACH CODE ENFORCEMENT", OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, BY AMENDING SECTION 37.45, "SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES", TO EXPRESSLY INCLUDE ENFORCEMENT BY LAW ENFORCEMENT OFFICERS OF ALL NON-CRIMINAL CITY ORDINANCES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. - 17 - 02/21/06 (The official copy of Ordinance No. 12-06 is on file in the City Clerk's office. ) Brian Shutt, Assistant City Attorney, read the caption of the ordinance. Catherine Kozol, Police Legal Advisor/Assistant City Attorney, stated there were issues with law enforcement especially arresting people for walking dogs on the beach and the way the ordinance is written this is the only alternative for them. This ordinance now allows the Police Officers to become Code Enforcement Officers so they can give them a citation and go through the citation process. Brief discussion between Mr. Levinson and Ms. Kozol continued. Mr. Levinson moved to approve Ordinance No. 12-06 on FIRST Reading, 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. 13. COMMENTS AND INOUIRIES ON NON-AGENDA ITEMS. 13.A. Citv Manal!er Douglas Smith, Assistant City Manager, had no comments or inquiries on non-agenda items. 13.8. Citv Attornev Brian Shutt, Assistant City Attorney, had no comments or inquiries on non-agenda items. 13.C. 13.C.!. Citv Commission Mrs. Archer Mrs. Archer had no comments or inquiries on non-agenda items. 13.C.2. Mrs. Ellis Mrs. Ellis stated she will be out of town for a week to have some medical tests done. 13.C.3. Ms. McCarthv Ms. McCarthy stated the La France Hotel event held at the library this weekend was extremely well done. - 18 - 02/21/06 Secondly, she stated there was an Arumal Tea hosted by St. Paul AME Church held at Pompey Park and the choir was phenomenal. Ms. McCarthy stated this was well attended and well received. She stated that the men will be coming to town in June and noted this will be another exciting occasion. 13.CA. Mr. Levinson Mr. Levinson stated he serves as the liaison to the Intergovernmental Coordination Group and there is a request by this group to look at funding a study on industrially designated lands. He stated the County asked for this study which deals with identifying lands for future corporate and business development. He stated there is further discussion that is now going on to be more specific and have the Planning Directors spend more time doing it in detail. It will require a funding mechanism which the County has agreed to and the League of Cities is looking into. He asked Mr. Smith to inform the City Manager and the Planning Director of this. Secondly, he commented about the letter from FDOT regarding the RRR project on South Federal Highway. Mr. Levinson stated he was annoyed by the letter and sent an email to Mr. Le (Engineer) with a copy to the City Manager, the City Engineer, County Commissioner, a State Representative, State Senator and the Governor indicating that contrary to what was told to the Commission at the Workshop meeting (that the design of the roadway would be completed by April), this is inaccurate information. Mr. Levinson stated that FDOT is very anxious to work with the City of Delray Beach and FDOT understands that maybe they had an inexperienced project manager combined with an inexperienced consultant. Mr. Levinson stated hopefully they will be able to look at the road and then come back before the Commission at another Workshop Meeting. He commented about an article in the Jupiter Courier entitled "Tequesta council likes the Looks of builder's 'stepped' complex" and stated it closely mimics Delray's Design Guidelines. Lastly, Mr. Levinson stated one of the things that did not get done last year predominantly because of the hurricanes was the Board Member Recognition Event. He stated this Event was scheduled and cancelled due to the hurricanes. Mr. Levinson asked Mr. Smith to discuss this with Nancy King, Human Resources Consultant/Communications about scheduling this event preferably before Commissioner Archer and Commissioner McCarthy leave office in March 2006. 13.C.5. Mavor Perlman Mayor Perlman stated the Commission approved the Palm Beach International Film Festival 2006 on the Agenda this evening which will be relocating to Delray Beach and he is very excited about it. Secondly, he stated the Commission also approved the Beach Tennis USA Event. Mayor Perlman stated he and Mr. Smith had a chance to meet with them and they - 19 - 02/21/06 showed them a promotional video. The promotional video shows tennis on a beach volleyball court and stated it looks like fun. Mayor Perlman commented about the email that Chief Schroeder sent regarding Officer Gregory who received the Crisis Intervention Officer of the Year for South Palm Beach County. He stated February 22, 2006 the City of Delray Beach is hosting the League of Cities at the new library. Also, Urban Land Institute (ULI) will be at the Tennis Center to discuss the Delray Beach revitalization story which is a very big honor. Mayor Perlman stated ULI is renowned world over as the premiere land use organization and they are coming to Delray Beach to hear about what we have done to revitalize the downtown area. He stated he is proud to host them and be part of a panel and presentation. There being no further business, Mayor Perlman declared the meeting adjourned at 7:27 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on February 21, 2006, 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. - 20- 02/21/06 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRA Y BEACH, FLORIDA EXTENSION REQUEST FOR CONDITIONAL USE APPROVALS GRANTED TO ASTOR DEVELOPMENT FOR HEIGHT AND DENSITY (THE EXTENSION REQUEST) ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The above named conditional use extension request has come before the City Commission on February 21, 2006. 2. This conditional use extension request comports with the future land use element, is concurrent with the Comprehensive Plan and is consistent with the goals, policies and objectives of the City's Comprehensive Plan. 3. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use extension request for the Astor Development. All of the evidence is a part of the record in this case. Required findings are made in accordance with LOR Section 2.4.4(F)(1) and (F)(2). 4. Section 2.4.4(F)(1) requires certain preliminary requirements to be met, such as: A written request submitted at least 45 days prior to the expiration date; The request must set forth the basis and reason for the extension; The request must be considered by the same body that granted the approval; The extension, if granted, shall be for a term of 18 months unless otherwise stated. Have the preliminary requirements of Section 2.4.4(F)(1) been met? Yes X No 5. In making a determination under LOR Section 2.4.4(F)(2) the Commission shall consider the following regarding the diligence and good faith of the Developer: When the construction commenced; The extent to which construction has proceeded; -:r:: --\Q.N\ q A. The extent to which there has been a bonafide continuous effort to develop but because of circumstances beyond the control of the developer, it was not possible to meet the 25% standard. Has the Developer shown diligence and good faith to commence and complete construction of the Block 77 Development Project? Yes X No 6. The comments and notes set forth in the staff report are hereby incorporated herein. 7. The City Commission has applied the LOR requirements in existence at the time the conditional use extension request was submitted. 8. 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. 9. Based on the entire record before it, the City Commission approves X denies _ the conditional use extension request to allow the previous conditional use approval to be valid until March 11, 2008. The City Commission hereby adopts this Order this 21st day of February, 2006, by a vote of 5 o opposed. in favor and ATTEST: ~>--~.~. ~'\~.: Chevelle Nubin City Clerk 2 WHEREAS, the City of Delray Beach Parks and Recreation Department is dedicated to enriching the quality of life for community members by providing meaningful recreation opportunities in exemplary park environments; and WHEREAS, the Parks and Recreation Department held the 17th Annual Delray Beach Senior Games from January 20, 2006 through January 27, 2006 for participants over 50 years young; and WHEREAS, there were 10 athletic events, as follows: golf, tennis, swimming, health walk, basketball skills, bowling, lawn bowling, bridge, shuffleboard and table tennis; and WHEREAS, the Delray Beach 2006 Senior Games were designated an official regional qualifying site for the 2006 Florida State Senior Games; and WHEREAS, there were 250 contestants in the 2006 Senior Games, 8 of whom won 4 or more medals, as follows: ~ Herbert Furash -10 gold medals in swimming; ~ Loring Holmes - 10 gold medals in swimming; ~ Margaret Locken - 5 gold medals in swimming; ~ Robert Spaulding - 5 gold medals in swimming; ~ Abe Ulanoff - 5 gold medals (4 in swimming and 1 in tennis); ~ Justin Langsner - 4 gold medals (3 in basketball skills and 1 in golf); ~ Robert Larsen - 4 gold medals (3 in basketball skills and 1 in golf); ~ Marshall Johnson - 4 medals (1 gold in tennis and 3 silver in basketball skills). NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim that Herbert Furash, Loring Hohnes, MarshaII Johnson, Justin Langsner, Robert Larsen, Margaret Locken, Robert Spaulding, and Abe Ulanoff are to be commended for their many triumphs in this competition, and for their spirit and enthusiasm. 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 6th day of March, 2006. JEFF PERLMAN MAYOR O^ ~ l.9A Date: Feb. 10. 2006 AGENDA ITEM NUMBER: AGENI>A REQUEST Request to be placed on: _Consent Agenda LRegular Agenda _Workshop Agenda _Special Agenda When: March 6, 2006 Description of Agenda Item (who, what, where, how much): Request Commission approval of and Mayor's signature on a Proclamation honoring multiple medal winners in the 2006 Senior Games. Department Head Signature: City Attorney Revie ecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes I No Initials: Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: ~J Approved for Agenda:~ I No Initials: ~1- Hold Until: Agenda Coordinator Review: Received: , . PROCLAMATION WHEREAS, the City of Delray Beach Parks and Recreation Department is dedicated to enriching the quality of life for community members by providing meaningful recreation opportunities in exemplary park environments; and WHEREAS, the Parks and Recreation Department held the 1ih Annual Delray Beach Senior Games from January 20,2006 through January 27,2006 for participants over 50 years young; and /i (.~.' /\.... " , WHEREAS, there were 10 athletic events, ~,- golf, tennis, swimming, health walk, basketball skills, bowling, lawn bowling, bridge, shuffleboard and table tennis; and WHEREAS, the Delray Beach 2006 Senior Games were designated an official regional qualifying site for the 2006 Florida State Senior Games; and WHEREAS, there were 250 contestants in the 2006 Senior Games, 8 of whom won 4 or more medals, w.wit as follows: ~ Herbert Furash - 10 gold medals in swimming; ~ Loring Holmes -10 gold medals in swimming; ~ Margaret Locken - 5 gold medals in swimming; ~ Robert Spaulding - 5 gold medals in swimming; ~ Abe Ulanoff - 5 gold medals (4 in swimming and 1 in tennis); ~ Justin Langsner - 4 gold medals (3 in basketball skills and 1 in golf); ~ Robert Larsen - 4 gold medals (3 in basketball skills and 1 in golf); ~ Marshall Johnson - 4 medals (1 gold in tennis and 3 silver in basketball skills). NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim that Herbert Furash, Loring Holmes, Marshall Johnson, Justin Langsner, Robert Larsen, Margaret Locken, Robert Spaulding, and Abe Ulanoff are to be commended for their many triumphs in this competition, and for their spirit and enthusiasm. 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 6th day of March, 2006. Jeff Perlman MAYOR 01<, &vi WHEREAS, since 1881 the mission of the American Red Cross has been to help people prepare for emergencies; provide relief to victims of disaster; and help people prevent, prepare for, and respond to emergencies worldwide; and WHEREAS, last year, more than 3,000 silent heroes helped their neighbors by volunteering for their local Red Cross chapter, and more than 130,000 took the time to learn life saving skills such as first aid and CPR; and WHEREAS, the American Red Cross Greater Palm Beach Area Chapter, a humanitarian organization, has worked to make a positive difference in communities by providing lifesaving services and programs for more than eighty years; and building on this tradition, the organization is focusing on building partnerships, increasing safety and disaster preparedness education, and enhancing its response capabilities; and WHEREAS, the Greater Palm Beach Area Chapter sheltered thousands of individuals in the aftermaths of hurricanes Katrina and Wilma; and WHEREAS, The American Red Cross continues to respond to a changing America, full of unique challenges and vital work. NOW THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, do hereby proclaim March 2006 as: AMERICAN RED CROSS MONTH in the City of Delray Beach and urge the people of the Greater Palm Beach Area to show support for our local Red Cross Chapter and to become active participants in advancing the noble mission of the Red Cross. 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 6th day of March, 2006. JEFF PERLMAN MAYOR &Jb , , , Page 1 of3 Kucmerowski, Carolanne From: Jennifer Witt [WITT J@redcross-pbc.org] Sent: Tuesday, February 28, 2006 9:10AM To: Kucmerowski, Carolanne Subject: Re: FW: March is Red Cross Month Proclamation request Good morning Carolanne, Attached is the sample proclamation. Thank you for arranging the proclamation, I appreciate your help. I would love to have 2 copies of the proc if possible. A South County Volunteer along with myself will be accepting the proclamtion on March 6th at 6pm. If you need any further information, please feel free to reach me via my info below. Thank you again!! My best, Jennifer Jennifer L. Witt Manager, South County Service Center American Red Cross 5820 N. Federal Hwy. Boca Raton, FL. 33487 561-994-2060 Phone 561-994-0496 Fax www.redcross-pbc.org >>> "Kucmerowski, Carolanne" <Kucmerowsk@cLdelray-beach.f1.us> 2/27/2006 8:30 am >>> Jennifer, Since I did not receive the attached proclamation with this emall, would you please emall me the proclamation. Thank you, Carolanne -----Original Message----- From: Nubin, Chevelle Sent: Monday, February 27, 2006 8:06 AM To: Kucmerowski, Carolanne Subject: FW: March is Red Cross Month Proclamation request Carolanne, See below request to add this proclamation to the agenda. Chevelle D. Nubin City Clerk 2/28/2006 r Page 2 of3 100 N.W, 1st Avenue Delray Beach, Florida 33444 (561) 243-7051 -----Original Message----- From: Jeff Perlman [mallto:delcommish@hotmail.com] Sent: Thursday, February 23, 2006 10:01 PM To: WmJ@redcross-pbc.org Subject: RE: March is Red Cross Month Proclamation request With pleasure!!! Warmest regards Jeff Perlman Mayor City of Delray Beach e-mail: mayor@mydelraybeach.com Read "From the Mayor's Desk" on www.mydelraybeach.com. New message every Monday. >From: "Jennifer Witt" <wmJ@redcross-pbc,org> >To: <mayor@mydelraybeach.com> >Subject: March is Red Cross Month Proclamation request >Date: Thu, 23 Feb 2006 16:14:14 -0500 > >Dear Mayor Perlman, > >As you may know, traditionally, every March the American Red Cross >celebrates across the nation "March is Red Cross Month" within each >Chapter jurisdiction. To this end, each year we request that the >various cities we service proclaim March as "Red Cross Month" to >reflect our continuous service to their city. > >We were hoping you would join us this year again to issue this >proclamation to our Chapter. I would love to discuss this with you at >your convenience. You may reach me at my contact information below. >Also, please find the draft proclamation attached to this email for >your review. > > Best regards, > Jennifer > > > > Jennifer L. Witt >Manager, South COunty Service Center >American Red Cross >5820 N. Federal Hwy. 2/28/2006 . . >Boca Raton, FL. 33487 >561-994-2060 Phone >561-994-0496 Fax >www.redcross-pbc.org > > *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders 2/28/2006 *** Page 3 of3 WHEREAS, since 1881 the mission of the American Red Cross has been to help people prepare for emergencies, provide relief to victims of disaster and help people prevent, prepare for, and respond to emergencies worldwide; and WHEREAS, last year, more than 3000 silent heroes helped their neighbors by volunteering for their local Red Cross chapter, and more than 130,000 took time to learn life saving skills such as first aid and CPR and the local chapter sheltered thousands individuals in the aftermaths of hurricanes Katrina and Wilma; and WHEREAS, the American Red Cross Greater Palm Beach Area Chapter, a humanitarian organization, works to make a positive difference in communities by providing lifesaving services and programs to our community for more than eighty years, and building on this tradition, the organization is focusing on building partnerships, increasing safety and disaster preparedness education and enhancing its response capabilities; and WHEREAS, The American Red Cross continues to respond to a changing America full of unique challenges and vital work. NOW THEREFORE, I, Jeff Perlman, Mayor of the City of Del ray Beach, do hereby proclaim month of March 2006 as: AMERICAN RED CROSS MONTH In the City of Delray Beach and I urge the people of the Greater Palm Beach Area to show support for our local Red Cross Chapter and to become active participants in advancing the noble mission of the Red Cross. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal ofthe City of Del ray Beach, Florida to be affixed to this proclamation. Jeff Perlman Mayor WHEREAS, although Equal Housing Opportunity is a right guaranteed to all Americans under Tide VIII of the 1968 Civil Rights Law, the struggle against discrimination in housing continues; and WHEREAS, each year since the enactment of the National Fair Housing Act, the federal government designates April, the anniversary month of that law, as Fair Housing Month; and WHEREAS, on this the 38'" Anniversary, the City of Delray Beach is pleased to join in that designation, since it provides an opportunity for all Americans to rededicate themselves to the principles of freedom of housing choice and to reacquaint themselves with the rights and responsibilities that are theirs under the law; and WHEREAS, since fair housing is consistent with the principle of equality and justice for all - principles upon which our nation was founded - we all need to share in the fight to ensure fair housing is a reality for all residents; and WHEREAS, the Fair Housing Center of the Greater Palm Beaches provides fair housing education and outreach services for the City of Delray Beach. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim April, 2006 as FAIR HOUSING MONTH in the City of Delray Beach, Florida, and urge, all citizens to join the efforts to reaffirm fair housing opportunities for all people. 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 6'" day of March, 2006. JEFF PERLMAN MAYOR 0/\ f~ 19C ...clt1'.C;OMM*$Sliiijfjic~MI!NmAmliiij:. TO: ~~H THRU: ~UL DO LING, ECTOR OF PLANNING & ZONING FROM: A&f# ARONSON, ARKING MANAGEMENT SPECIALIST SUBJECT: MEETING OF MARCH 6, 2006 - CONSENT AGENDA APPROVE THE RENEWAL OF A CONTRACT WITH PARKING PROS FOR THE STAFFING OF THE SOUTH COUNTY COURTHOUSE ON WEEKEND EVENINGS ~ . II """"" ''''y<' BACKGROUND AND ANALYSIS: . .11 In January, 2005, pursuant to City Commission direction, the City successfully negotiated with the County to utilize the South County Courthouse Garage on Thursday, Friday and Saturday evenings between the hours of 5:00 PM and 3:00 AM to alleviate some of the parking congestion in the downtown area. In February, 2005, the City entered into an agreement with Parking Pros to staff the Garage pursuant to the agreement with the County. Although ratified on February 28, 2005 the agreement ran from February 7,2005 though February 6,2006. The 3:00 AM closing time was established to accommodate employees and customers of restaurants and bars in the downtown area which may not retrieve their cars until after the 2:00 AM closing time. The operational procedures require the facility to be opened no later than 3:00 AM and closed no earlier than 11 :00 PM if there are no cars parked in the garage. The cost to staff the garage is $16.50 per hour and is funded through account # 001.31.51.545.34.90. Due to declining utilization, the program was temporarily discontinued during the summer months starting in June and has been reinstituted December, 2005 (later than anticipated as recovery from Wilma was still being completed). Estimated cost to staff the facility through September 30, 2006 is $16,830.00. This estimate has been prepared utilizing maximum operating hours (10 hours per day 3 days per week for a total of 34 weeks). It is anticipated that the garage will rarely stay open until 3:00 AM which should reduce the associated staffing costs. RECOMMENDED ACTIoN: 11 By motion, authorize the City Manager to renew the contract with Parking Pros, for a period of one (1) year, retroactively from February 6, 2006, for the staffing of the South County Courthouse Garage on weekend evenings. Attachments: . Lease Agreement . March 3, 2006 Letter from Parking Pros ~5 PARKING GARAGE AGREEMENT THIS AGREEMENT is made thiS~y of ~ , 2005 by and between the CITY OF DELRAY BEACH, FLORIDA ("City") and S~OW PROS D/B/A PARKING PROS ("Contractor"). WIT N E SSE T H: WHEREAS, Palm Beach County has granted the City a license by separate agreement to use the South County Courthouse Parking Garage; and WHEREAS, the City seeks to have an independent entity implement its parking requirements under the City's license agreement from Palm Beach County by operating a garage for the City's overflow parking purposes for the period specified in this Agreement; and WHEREAS, Contractor agrees to provide an employee to the City for the purposes of operating the Parking Garage on Thursday, Friday and Saturday nights as provided by the License Agreement between the City and Palm Beach County and as more specifically stated herein. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them as if fully set forth in this Agreement. 2. Term. The term of this Agreement shall be for a period of one (1) year beginning February 7, 2005 through February 6, 2006, or until the City's license agreement with Palm Beach County is terminated, whichever comes first. 3. Contractor's Responsibilities. a. Contractor shall provide one (1) employee to perform all of Contractor's responsibilities and duties as provided in this Agreement. These responsibilities include but are not limited to: 1. Open and close the parking garage during all hours of operation. 2. Man the entrance to the parking garage during all hours of operation (5:00 pm. through 3:00 a.m. Thursdays, Fridays and Saturdays). 3. Post the appropriate signs and secure the facility in Contractor's/Employee's absence during hours of operation. 4. Keep a daily count of vehicles and forward the count to the City. 5. Contact Scott Aronson, Parking Management Specialist, on Sundays between 12:00 and 3:00 p.m. in order to arrange for the removal of any vehicles remaining in the garage. 6. Obtain keys and a County radio from the Courthouse Security Desk daily and sign log when keys are picked up. 7. Open the 2nd Avenue entrance only at 5:00 p.m. 2 8. Open all stairwell access doors, ground level doors adjacent to handicapped spaces and exterior white gate to allow access. 9. Close garage by securing all doors nightly at 3:00 a.m. or when the last car exits. In no case should garage close before 11 :00 p.m. nor remain open after 3:00 a.m. 10. Retum keys and radio to the Courthouse Security Desk and sign log each night after garage has been closed. b. Contractor's employees shall wear a photo ID badge including employee's name and company identification and wear a uniform or shirt identifying company. Contractor's employees shall also be fingerprinted and have background checks performed by Palm Beach County in accordance with the County's Criminal History Records Check Ordinance. 4. Use of Facilities. The parking facilities shall be available for use by the public from 5:00 p.m. through 3:00 a.m. Thursdays through Saturdays at no charge unless otherwise designated. Contractor shall not reserve or otherwise utilize any spaces for reasons other than use by the public without prior written consent from the City Manager or his/her designee so long as those reasons are consistent with the terms of the license agreement from Palm Beach County. 5. Improvements. Contractor shall not construct or place any temporary signage or traffic control devices on the subject property without the prior written consent of the City. Improvements to the property are prohibited. 3 6. City's Responsibilities. a. The City shall pay Contractor the amount of $16.50 per hour for each hour that Contractor's employee is present on the premises during the hours of operation from 5:00 p.m. through 3:00 a.m. Thursdays, Fridays and Saturdays except on those occasions in which there are special events. For special events, all rules and regulations as provided in this Agreement shall still apply to Contractor; however, billing for special events may be addressed by a separate agreement. b. City agrees to pay Contractor "Holiday Pay" for the following mutually agreeable holidays: 1. Presidents' Day. 2. Independence Day. 3. Veteran's Day. 4. Thanksgiving. 5. Christmas Eve. 6. Christmas Day. 7. New Year's Eve. 8. New Year's Day. Holiday pay shall be paid by the City to Contractor at the rate of time and a half. c. The City agrees to remit payment to Contractor within thirty (30) days of the City's receipt of invoice by Contractor. d. The City shall remit payment to: Show Pros d/b/a Parking Pros, P.O. Box 220680, Hollywood, Florida 33022. 4 7. Termination of AQreement. Both parties may terminate this Agreement upon thirty (30) days written notice by certified letter; however, the City may terminate this Agreement at any time by written notice if the Delray Beach Public Library and/or Palm Beach County direct the City to stop using the parking garage. If the City terminates this agreement because Delray Beach Public Library and/or Palm Beach County directs the City to stop using the parking garage, then the City shall reimburse Contractor the amount of $10.00 for each month remaining in the contract. 8. Indemnification. The Contractor shall indemnify and hold harmless the City and Palm Beach County, its officers, agents and employees from all suits, actions, claims and liability arising out of the Contractor's acts and omissions arising from the Contractor's activities upon the subject property. Nothing contained herein shall be deemed a waiver of the City's or County's sovereign immunities. 9. Insurance. Contractor shall, during the term of this Agreement, keep in full force and effect General Liability Insurance, Workers Compensation Insurance, Garage Keepers Legal Liability Insurance and Automobile Liability Insurance in the amounts provided in Exhibit "A" to this Agreement. Contractor shall name the City of Delray Beach and Palm Beach County as additional insureds on the policy. 10. Non-Discrimination. Contractor shall assure and certify that it will comply with the Title IV of the Civil Rights Act of 1964, as amended, and Palm Beach County Resolution No. R92-13, and shall not discriminate against any individual on the basis of their race, color, national origin, ancestry, sex, age, marital status, sexual orientation or disability with respect to any activity occurring on the premises. 5 11. Independent Contractor. This Agreement does not create an employer/employee relationship between the parties or between the City or Palm Beach County and the person employed by Contractor to perform the services required by this Agreement. Contractor or its employees are not entitled to any benefits paid to City or Palm Beach County employees. It is the intent of the parties that under this Agreement, that the Contractor and its employee and/or agent is not to be considered an employee of the City or Palm Beach County for any and all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Intemal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance Law. The Contractor is required to comply with all the above laws and provide such entitlements to its employees/agents as required by law. Contractor shall be responsible for all taxes of any kind. An IRS W-2 form will not be provided. The City will provide an IRS Form 1099 required by law. Contractor and its employees understand that no Federal Income Tax will be withheld by the City. 12. Bondin~. Contractor's employees and/or agents shall be bonded in the amount of One Hundred Thousand Dollars ($100,000). A certificate evidencing proof of bonding must be provided to the City by Contractor at time of execution of this Agreement. 6 13. Dru~ Free Workplace. The Contractor agrees to comply with Florida Statute Section 287.087 which gives preference to businesses with drug-free workplace programs. 14. Entire AQreement. This Agreement shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 15. AssiQnment or Transfer. This Agreement may not be assigned or transferred by the Contractor, in whole or part without the written consent of the City. 16. Applicable Law. This Agreement shall be governed by and construed in ,. accordance with the law of the State of Florida. 17. Notices. All notices shall be effective when mailed to the following addresses: Contractor Address: Gary Kramer, President Show Pros d/b/a Parking Pros 1238 Polk Street Hollywood,,Florida 33019 City Address: David T. Harden, City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 IN WITNESS WHEREOF, ~h~i.~rties hereto have caused this Agreement to be duly executed .on their behalf this ~ day of~ ~ ' 2005. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: ~~(J~ avidT.Haroen ~ ~~.~~ City Clerk 7 Approved as to F-?1.2: ~t?AAlZtJOadiJ-n ffS5fCity Attorney 7/2-'5( Oq) City Manager 8 L The fore,o'o, '",\rumeo' w", admowled,ed before me 'h"a]"d day of Flr:J1U LV~/ ,2005, by G ' &(LfvI~name of officer or agent, title of offl er or agent) of (name of corporation acknowledging), a F(()(\;Atu state or place of incorporation) corporation, on behalf of t~e corporation. @he is personally known to me or has produced R jj.J:.JLhS0d1:S LfJ44VJ (type of identification) as identification and did (did not) take an oath. WITNESSES: C~~\~~.~~ ~)2t....~~ Print Name: 'rl",b-e.r't ... 'e>Are....,s b: SHOW PROS d/b/a PARKING PROS By: G~m~~ STATE OF FLORIDA COUNTY OF PALM BEACH ~a\. Susan LMaklney . ~ . My~OO173048 ~..::; Elq>Iroa Ilecomber 22. 2006 . m A.1.on 9 PARKING PROS POB 220680 D HOLLYWOOD, FL 33022-0680 D TEL: 954.929.8944 D FAX: 954.929.8945 EMAIL: info@showpros-usa.com WEB: www.showpros-usa.com March 3, 2006 SCOTT ARONSON The City of Delray Beach 100 Northwest 1 Avenue Delray Beach, FL 33444 RE: THE PARKING CONTRACT WITH THE CITY OF DELRAY BEACH Dear Mr. Aronson: Parking Pros agrees to continue the operation the city's parking requests at the same cost per hour as in the recently expired contract. Parking Pros also agrees that a new contract will be accepted at the above hourly rate ($16.50) provided that no changes are made in the contract except the dates of validity. Yours truly, GARY KRAMER, President \)~ TO: DA~~r,Y MANAGER THRU: P~~L_~?R I~~CTOR OF PLANNING & ZONING FROM: ~cff-rARONSO, PARKING MANAGEMENT SPECIALIST SUBJECT: MEETING OF MARCH 6, 2006 - CONSENT AGENDA APPROVE THE RENEWAL OF A CONTRACT WITH PARKING PROS FOR THE STAFFING OF THE SOUTH COUNTY COURTHOUSE ON WEEKEND EVENINGS In January, 2005, pursuant to City Commission direction, the City successfully negotiated with the County to utilize the South County Courthouse Garage on Thursday, Friday and Saturday evenings between the hours of 5:00 PM and 3:00 AM to alleviate some of the parking congestion in the downtown area. In February, 2005, the City entered into an agreement with Parking Pros to staff the Garage pursuant to the agreement with the County. Although ratified on February 28, 2005 the agreement ran from February 7, 2005 though February 6,2006. The 3:00 AM closing time was established to accommodate employees and customers of restaurants and bars in the downtown area which may not retrieve their cars until after the 2:00 AM closing time. The operational procedures require the facility to be opened no later than 3:00 AM and closed no earlier than 11 :00 PM if there are no cars parked in the garage. The cost to staff the garage is $16.50 per hour and is funded through account # 001.31.51.545.34.90. Due to declining utilization, the program was temporarily discontinued during the summer months starting in June and has been reinstituted December, 2005 (later than anticipeted as recovery from Wilma was still being completed). Estimated cost to staff the facility through September 30, 2006 is $16,830.00. This estimate has been prepared utilizing maximum operating hours (10 hours per day 3 days per week for a total of 34 weeks). It is anticipated that the garage will rarely stay open until 3:00 AM which should reduce the associated staffing costs. By motion, .:;,13Z reFl8'~eUh;~ntr~~ Parking Pros, for a period of one (1) year, retroactively from February 6, 2006, for the staffing of the South County Courthouse Garage on weekend evenings. $-IL t4* 0'1-31S-/-~r;; 3L//?(J {)#Xr ~(fPlf7a(l'hccJ sPrY/ctS AceJ, .Da fat1.f'{"- $'/~ 00 b I w/$tt~3/P 1/1 ?a-y~f5 QlreCltiJ f1'1.VA. S'luci- d9/tp) Attachment: Lease Agreement TO: DAVly~RD THRU: P.I)lJL DO')J-ING, DI OR OF PLANNING & ZONING FROM: ~~ A~PARKING MANAGEMENT SPECIALIST SUBJECT: MEETING OF MARCH 6, 2006 - CONSENT AGENDA APPROVE A REQUEST FROM THE CODA DEVELOPMENT FOR THE PURCHASE OF 19 PUBLIC PARKING FEE SPACES IN ACCORDANCE WITH ORDINANCE 79-05 I BACKGROUNQAND At:lALX~Il:!j:: ., '. , i<ii:,),UFi:k'; "i;'''' <','iil'; "iiUlii!;;:', ,}:iiliHnh,:,',::n:,'j', I The Coda Development is a proposed mixed use development located on SW 1 " Street between SW 1 " and 2nd Avenues, south of the South County Courthouse Garage/Library Parking Lot. During the construction of the Library surface lot, the Community Redevelopment Agency (CRA) contributed $330,000 to construct the necessary footers to accommodate the expansion of the County garage. The proposed expansion would increase the capacity of the Library Lot by approximately 200 parking spaces. The Coda Development consists of 36 town house units and four (4) loft style units above 19,448 sq. ft. of office space. Land Development Regulations (LDR) Section 4.4.17(G)(2) requires the provision of 145 parking spaces. The site plan provides a total of 110 parking spaces on site (72 spaces in 2 car garages and 38 spaces in a surface lot) resulting in a 35 space deficiency. It is noted that the project also provides 32 spaces in the public rights-of-way surrounding the property. Ordinance 79-05, enacted on January 3, 2006, allows developers, in-lieu of providing all their required parking on site, to contribute towards the construction of municipal parking garages proposed to be constructed within 600' of a proposed development. The established cost per space in the area of this development is $16,000 per space. A comprehensive review of the ordinance has been conducted by Staff (percentage of spaces purchased vs. required, number of on street parking spaces provided, crediting for spaces in the right-of-way, etc). The ordinance allows for up to 50% of the parking spaces constructed in the right-of-way to be credited towards meeting the development's required parking (50% of 32 or 16 spaces). Therefore, of the 35 space deficiency, 16 spaces are credited towards the development's required parking, resulting in a 19 space deficiency. At a cost of $16,000 per space, a total of $304,000 is to be paid, as a public parking fee, upon issuance of a building permit. The Site Plan Review and Appearance Board, at its meeting of February 22, 2006, approved the site plan contingent on the applicant receiving approval from City Commission for the purchase of the 19 Public Parking Fee Spaces pursuant to Ordinance 79-05. The Parking Management Advisory Board, at its meeting of February 28, 2006, unanimously recommended approval of the applicant's request. Move approval of the request from The Coda Development to purchase nineteen Public Parking Fee Spaces 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 Section 4.6.9(E)(4) of the LDR. ~C- MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER/lJV1 AGENDA ITEM ~ ~ D - REGULAR MEETING OF MARCH 6. 2006 SERVICE AUTHORIZATION NO, 32.1/DAVID MILLER & ASSOCIATES. P.A. TO: SUBJECT: DATE: MARCH 3,2006 This is before the Commission to approve Service Authorization No. 32.1 to David Miller & Associates, P.A. in the amount of $121,000.00 for consulting services in the design of future expansion areas and interior renovations as part of the City Hall Space Study Project. At the March 16, 2004 Commission Meeting, Service Authorization No. 32 was approved in the amount of $15,500.00 for reviewing existing conditions, determining current and future space needs and requirements, and the quantification of this data into a report. The report identified areas considered for expansion and areas for interior renovations. Project components of Service Authorization No. 32.1 will include the design of a remote Information Technology (IT) Building. The Main Lobby, existing IT area, Human Resources, Commission Chambers, Purchasing, Risk Management, Planning, and Community Development are areas considered for interior renovations. A recommendation for implementing this project is as follows: proceed first with the plans for remodeling the north wing of City Hall, the IT building and the covered walkway; with no further work to be done on the arcade until elevations of City Hall, with the first floor arcade, are reviewed. Funding is available from 334-6112-519-31.30 (General Construction Fund/Engineering & Architectural) . Recommend approval of Service Authorization No. 32.1 to David Miller & Associates, P.A. in the amount of $121,000.00 for consulring services in the design of future expansion areas and interior renovations as part of the City Hall Space Study Project. S:\City Clerk\agenda memos\SA 32. t David Millet City Hall 030606 City of Delray Beach Memo To: City Commission FIOm: City Manager ~\ cc, Date: March 3, 2006 Re: Service Authorization to David Miller for City Hall Renovations and Additions I recommend that the Commission approve the attached service authorization. However, I have very strong reservations about the first floor arcade. While the floor plan works beautifully, I fear that the arcade would ruin the esthetic appearance of the east faCf8de of City Hall. Accordingly, unless otherwise directed by the Commission, I will proceed first with the plans for remodeling the north wing of City Hall. We should also proceed with plans for the MIS Building and covered walkway. Before authorizing any additional work, I would first want to see elevations of City Hall with the first floor arcade added. Unless the elevations with the arcade are detenmined to be esthetically pleasing, no further work should be done on the arcade and the remainder of the tasks should proceed without that element. 1 City Of Delray Beach Department of Environmental Services M E M o R A N D u M www.mydelraybeach.com TO: ger FROM: SUBJECT: CITY HALL SPACE NEEDS ANALYSIS (pIN 2004-009) Agenda Request; Service Authorization #32.1 to David Miller and Associates DATE: February 28, 2006 Attached for Commission approval is Service Authorization #32.1 (Amendment I to Service Authorization #32) for consulting services in conducting Phase 1- Preliminary Design, Phase 11- Final Design Development, and Phase 111- Construction Document services for the City Hall Space Study project (PIN 2004-009). Service Authorization #32.1 to David Miller and Associates, P.A., is for a total of$121,000.00 for professional design services related to the expansion and interior renovations at City Hall. Last spring, Commission approved Service Authorization #32 in the amount of $15,500.00 for reviewing existing conditions, determining current and future space needs and requirements, and the quantification of this data into a report. The report identified areas considered for expansion and areas for interior renovations. Project components in this Service Authorization #32.1 will include the design of the First Floor Arcade area to each side of City Hall's main entry and a remote Information Technology Building as areas identified for expansion. The Main Lobby, existing IT area, Human Resources, Commission Chambers, Purchasing, Risk Management, Planning, and Community Development are areas considered for interior renovations. Scope of services include Phase I through 111 design services; Preliminary Design, Final Design, and Construction Documents. Phase IV and V, Bidding and Construction Administration services will need to be considered under a future service authorization. A copy of the Service Authorization is attached for your review. Staff recommends execution of Service Authorization #32.1 to David Miller & Associates, P.A., in the amount of $121,000.00 for consulting services in the design of future expansion areas and interior renovation areas as part of the City Hall Space Study project (PN 2004-009). Funding is available from 334-6112-519-31.30, General Construction FundlEngineering and Architectural services. cc: Richard Hasko, P.E.; Director of Environmental Services Randal Krejcarek, P.E.; City Engineer Rafael Ballestero; Dep. Dir. of Construction Carolanne Kucmerowski; City Clerks Office Agenda file; 02/21/06 Project File: 2004-009(A) S:\EngAdmin\Projects\2004\2004-009\CONTRAC1\Agda Memo DMA 32.1R 03.06.06.doc CONSULTING SERVICE AUTHORIZATION DATE: CITY PROJECT NO. 2004-009 SERVICE AUTHORIZATION NO. 32,1 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE 334-6112-519-31.30 TITLE: City Hall Expansion and Renovation This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract, dated February, 1996 between the City of Delray Beach and David Miller & Associates, P.A. I. PROJECT DESCRIPTION The Project is an expansion and renovation of the City Hall based upon the ongoing preliminary design services and the conclusions of the Space Needs Analysis Report. The existing facility will be expanded at the first level to the east, a separate structure will be constructed to house the M.I.S. Department to the west, interior renovations will be constructed at the first and second levels, and the north wing will be renovated. Detailed reviews with the affected Department Heads and the City Commission are included in this service authorization. II, SCOPE OF SERVICES The following scope of services is developed in accordance with the Standard Agreement for Architectural Services. Phase 1. Schematic Design Phase Phases I A and I B have been completed under a previous service authorization, and serve as the starting point for subsequent phases, which include: Included in this Service Authorization: . Phase I C, the review of Departmental space needs and the preparation of preliminary space plans for utilization in review and approvals as well as utilization in future phases. . Phase I D, which includes the preparation of finalized, detailed space plans, preliminary elevations, and the preparation of collateral materials presenting the logistical approach to the overall renovation of City Hall as well as the preparation of detailed cost estimates. PIN 2004-009, City Hall Space Study/Renovations Service Authorization #32.1 Page 1 of 6 Phases II and III: Design Development (lI), Construction Document (III) Included in this Service Authorization: . The development of full Architectural and Standard Engineering (Mechanical, Electrical, Plumbing, and Structural) Services. Interior planning and design (i.e. material selections) are included as a part of this service authorization. An Allowance is included for any Specialty consultants (AIV, Systems, or similar) if required. Individually phased design and construction packages will be prepared for each project component. The specific project components of this service authorization include: Expansion Areas 1) First Floor Arcade areas on each side ofthe main entry - 2,500 s.f. 2) M.I.S. Building and covered walkway - 3,300 s.f. Interior Renovation Areas 3) First Floor Areas including lobby, old MIS space, HR expansion, and Commission Chambers - 5,500 s.f. 4) Second Floor Areas including Purchasing, Risk Management, & Telecommunication offices - 1,500 s.f. 5) North Wing including Planning and Community Development -7,000 s.f. Phases IV and V: Bidding (IV) and Contract Administration (V) will be provided under a future service authorization. Exclusions from this Service Authorization Items specifically excluded from this service authorization include Civil Engineering, Landscape Architecture, Irrigation Design, FF&E (Furniture, Fixtures, & Equipment) Selections, Surveying, and Land Planning. III. BUDGET Phases I C & I D: Schematic (Preliminary) Design. . These phases of service are to be provided on an hourly basis at the rates outlined in Schedule B of the Agreement (copy attached) up to Fifteen Thousand Dollars ($15,000.00) which would not be exceeded without prior written authorization. Phases II - III: Design Development and Construction Documents. . These phases of service are to be provided on a lump sum basis of Ninety-Six Thousand Dollars ($96,000.00.) A breakdown of this cost is attached in Exhibit C. Phases IV -V: Bidding and Construction Administration. . These phases of service will be provided under a future service authorization. Reimbursable expenses will not exceed Five Thousand ($5,000.00) dollars without prior written authorization. An Allowance of Five Thousand Dollars ($5,000.00) is established for Specialty Consultants (if required.) PIN 2004-009, City Hall Space Study/Renovations Service Authorization #32.1 Page 2 of 6 IV. COMPLETION DATE Sequence planning for specific project components identified in Section II: Interior Renovation Areas 5). North Wing including Planning and Community Development; development of Construction Documents. Order of consecutive components will be determined by the City. Individual components may be implemented or deleted at the discretion of the City. Completion of Phases I-III within 240 days of acceptance by the City. PIN 2004.009, City Hall Space Study/Renovations Service Authorization #32.1 Page 3 of 6 This service authorization is approved contingent upon the City's 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. The CONSULTANT may commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRA Y BEACH: David Miller & Associates, P .A. Date Date Jeff Perlman Mayor David R. Miller, President Witness Witness STATE OF FLORIDA COUNTY OF PALM BEACH The following instrument was acknowledged before me this _ day of _, 2006 by David R. Miller of David Miller & Associates, P.A. a Florida Corporation, on behalf ofthe corporation. He is personally known to me and did not take an oath. Signature of Person Taking Acknowledgment Signature of Acknowledger (typed,printed,or stamped) PIN 2004-009, City Hall Space Study/Renovations Service Authorization #32.1 Page 4 of 6 Exhibit B Professionals Hourlv Raw Hourlv Raw Salarv Rates Salarv Rates Times 3.00 Multiplier Architect Principal $ 50.00 $ 150.00 Project Manager $ 41.66 $ 125.00 Architect I $ 33.33 $ 100.00 Architect II $ 28.33 $ 85.00 Interior Design $ 25.00 $ 75.00 CADD Operator $ 21.66 $ 65.00 Clerical $ 13.00 $ 39.00 Engineers - Structural (#1) Principal N/A $ 175.00 Project Manager N/A $ 145.00 Project Engineer N/A $ 115.00 CAD Operator N/A $ 80.00 Engineers - Structural (#2) Principal N/A $ 125.00 Project Manager N/A $ 100.00 Designer N/A $ 75.00 Draftsman N/A $ 65.00 Engineers - MEP (#1) Principal N/A $ 150.00 Project Engineer N/A $ 110.00 CAD Drafting N/A $ 70.00 Clerical N/A $ 45.00 Engineers - MEP (#2) Principal N/A $ 125.00 Engineer N/A $ 95.00 Designer N/A $ 75.00 CADD Operators N/A $ 60.00 Clerical N/A $ 30.00 PIN 2004-009, City Hall Space Study/Renovations Service Authorization #32.1 Page 5 of 6 Exhibit C Breakdown of Bude:et Costs for Services EXDansion Areas I) First Floor Arcade 2) M.I.S. Building Interior Renovation Areas 3) First Floor Areas 4) Second Floor Areas 5) North Wing Phases Ie & D Phases II-III $ 2,000.00 $ 18,000.00 $ 4,000.00 $ 36,000.00 $ 4,000.00 $ 15,000.00 $ 2,000.00 $ 6,000.00 $ 3,000.00 $ 21,000.00 $5,000.00 $5,000.00 Specialty Consultant Allowance Reimbursable Expenses Total * Hourly Fee Basis PIN 2004-009, City Hall Space Study/Renovations Service Authorization #32.1 $15,000.00* $106,000.00 Page 6 of 6 Total $ 20,000.00 $ 40,000.00 $ 19,000.00 $ 8,000.00 $ 24,000.00 $5,000.00 $5,000.00 $121,000.00 Agenda Item No. .&.Q AGENDA REQUEST Date: February 28. 2006 Request to be placed on: X Regular Agenda _ Special Agenda _ Workshop Agenda When: March 6. 2006 Description of item (who, what, where, how much): Service Authorization #32.1 to David Miller & Associates, PA in the amount of $121,000.00 for consulting services in design of areas considered for expansion and interior renovations at City Hall as part of the City Hall Space Study project (PIN 2004-009). Project components in this Service Authorization include the design of the First Floor Arcade area to each side of City Hall's main entry and a remote Information Technology Building as areas identified for expansion. The Main Lobby, existing IT area, Human Resources, Commission Chambers, Purchasing, Risk Management, Planning, and Community Development are areas considered for interior renovations. Phase IV and V, Bidding and Construction Administration services will need to be considered under a future service authorization. Funding is from 334-6112-519-31.30, General Construction FundlEngineering and Architectural. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends the City Commission approve Service Authorization #32.1 to David Miller & Associates, P.A.,~ am~ $12J'700),? Department head signature: ~.~ 1..--Ur- c,6 Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (r;Ere on all items involving expenditure of funds): Funding available: ES 0 Ld. Funding alternative I applicable): Account No. & Description 334-6 12-519-31.30' Gen Constr. Fundi En ineeri Account Balance !1 2-1 000 ;llj/ ':S' d- c. City Manager Review: ~ i J\ Approved for agenda: ~NO [~f/! Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S:IEngAdminIProjects\2004\2004.009ICONTRACT\A9nd Req DMA 32.1 R 03.06.06.doc I:ITY DF DELARY BER~t3 Community Development Division MEMORANDUM TO: David T. Harden, City Manager Lula Butler, Director of Community Improvement LP Kendra W. Graham, C.D. Administrator .~ March 3, 2006 TURU: FROM: DATE: SUBJECT: 2005-2006 Community Development Block Grant Subrecipient Funding Agreement with The Center for Technology, Enterprise and Development, Inc. (T.E.D. Center) - $30,000 ITEM BEFORE THE COMMISSION: Approval is requested to execute an agreement for funding with the above listed subrecipient under the 2005-2006 Community Development Block Grant (CDBG) Program. BACKGROUND: In accordance with 24 CFR 570.301, a Public Hearing was held before the City Commission on August 2, 2005, to obtain public comment on the proposed budget for the approval of the Community Development Block Grant Consolidated Action Plan for fiscal year 2005-2006. The Action Plan contains an appropriation for the T.E.D. Center and was approved by the Commission. 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THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and THE CENTER FOR TECHNOLOGY, ENTERPRISE, AND DEVELOPMENT, INC., hereinafter referred to as "the CONTRACTOR," having its principal office at 400 Atlantic Avenue, Suite 9, Delray Beach, Florida 33444. WIT N E SSE T H: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the CONTRACTOR to implement an activity of the Delray Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1. Definitions 1.1 "CDBG" means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received, directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate-Income" means a household whose income is within specified income limits set forth by HUD. 1.7 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. 1 c. "Nonexpendable Personal Property" means tangible (Le., physical) personal property of a nonconsumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 1.8 Business Incubation Program Definitions: a. "New Job Creation" means a new employee hired by an existing or newly created enterprise with an active Incubation Service Agreement that has its business located at the Incubation Center or elsewhere; or, an enterprise that graduated from the Business Incubation Program within the last twenty-four (24) months. b. "Existing Job" is a job that was created by an enterprise before entering into a Business Incubation Program Agreement with the Business Incubator. c. "Part Time Job" is a job of less than thirty-five (35) hours per week or less than 1,820 hours per year. d. "Full Time Job" is a job of more than thirty-five (35) hours per week or more than 1,820 hours per year. e. "Full-Time Equivalent (HE) Job" equals one (1) job totaling 2,080 hours annually or two (2) or more job positions that together total 2,080 hours per year. f. "New Business Creation" is a business that was not incorporated or that was listed as "inactive" by the State of Florida's Division of Corporations for more than one (1) year and that was created/incorporated under the guidance of the Incubation Center to create the right business conditions to start operating. g. "Business Assistance" means the provision of incubation program services to individuals / entrepreneurs, affiliate companies and tenant companies, either by in- house resources or through the Business Incubator network or service providers. h. "Active Agreement" is an incubator agreement between a client and the CONTRACTOR that has not expired. L "Start-Up Business" is a business that has been in operation for less than one (1) year. j. "Existing Business" is a business that has been in operation for more than one (1) year. k. "Affiliate Company or Protegee" is a business that has signed an incubator agreement to participate in the incubation program and that is not renting incubator space. The term protegee is used exclusively by the CONTRACTOR. businessmeans land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. 2. Puroose The purpose of this Agreement is to state the covenants and conditions under which the CONTRACTOR will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II STATEMENT OF WORK The CONTRACTOR shall carry out the activities specified in Attachment A, "Scope of Services." 2 ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Thirty Thousand Dollars and 00/100 ($30,000.00). If the maximum authorized compensation set forth in this Agreement has not been expended prior to September 30, 2006, and if all other terms and requirements of this Agreement have been fulfilled, the Agreement may be extended until the maximum amount authorized has been attained. 3.2 The CITY will be billed by the CONTRACTOR on a monthly basis. Invoices must be received by the 5th of each month for payment to be made in the month in which invoice is submitted. 3.3 Prior to receipt of CDBG funds, CONTRACTOR shall submit the following documentation no later than the fifth of each month covered by this Agreement, in a format prescribed by the CITY: a. Monthly reports showing summary job creation, business creation, business incubation agreements and business/entrepreneur assistance. (Attachments D, E, F, &G) b. Quarterly report due 15 days after the end of each quarter showing summary financial Information for the Business Incubation Program (Attachment H) b. Quarterly report due 15 days after the end of each quarter showing summary statistics on race, ethnicity, and income level of clients served by the program. c. For "jobs created and filled" by LMI persons, the exact job titles, as well as the full- time equivalency (FTE) of the jobs, and the name, address, and income status of the person who took the job. 3.4 Release of funds is subject to the approval of the Director of Community Improvement. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2005, to September 30, 2006. ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Pavments/Aqreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the CONTRACTOR as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: 3 a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Convenience of Citv: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to the CONTRACTOR. If this Agreement is terminated by the CITY as provided herein, the CONTRACTOR will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the CONTRACTOR: At any time during the term of this Agreement, the CONTRACTOR may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the CONTRACTOR shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The CONTRACTOR agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The CONTRACTOR shall submit quarterly reports in a format prescribed by the CITY per the schedule in Article III of this Agreement. 6.3 The CONTRACTOR agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. ARTICLE VII PROGRAM INCOME The CONTRACTOR agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the CONTRACTOR and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the CONTRACTOR use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the CONTRACTOR shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VIII PUBLICITY The CONTRACTOR shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. 4 ARTICLE IX GENERAL CONDITIONS 9.1 Federal. State. Countv and CITY Laws and Reaulations: The CONTRACTOR shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMS A-122, OMS A-21, OMS A-133. The CONTRACTOR shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap: Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin: the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin: Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The CONTRACTOR shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The CONTRACTOR shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. The CONTRACTOR shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The CONTRACTOR does not assume the CITY's environmental responsibilities described at 570.604, and b. The CONTRACTOR does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. 9.2 Opportunities for Residents and Civil Riahts Compliance: The CONTRACTOR agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.3 Evaluation and Monitorina: The CONTRACTOR agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, 5 audit reports, and output measures. The CONTRACTOR agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The CONTRACTOR shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The CONTRACTOR shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.4 Audits: Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A- 133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The CONTRACTOR shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.5 Uniform Administrative Reauirements: The CONTRACTOR agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The CONTRACTOR is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A- 110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." b. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable and unallowable costs appears in Attachment B). c. Applicable provisions of 24 CFR 570.502. 9.6 Lobbvina Prohibition: The CONTRACTOR shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The CONTRACTOR shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an 6 officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.7 Section 3 Requirements: The CONTRACTOR agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The CONTRACTOR shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause a. The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the CONTRACTOR's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. d. The CONTRACTOR agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The CONTRACTOR will not subcontract with any subcontractor where the CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the CONTRACTOR is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the CONTRACTOR's obligations under 24 CFR Part 135. 7 f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 9.8 Insurance: The CONTRACTOR shall furnish to the CITY, c/o the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. 9.9 Prooertv: Any real property under the CONTRACTOR's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the CONTRACTOR shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the CONTRACTOR's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the CONTRACTOR after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the CONTRACTOR and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the CONTRACTOR, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the CONTRACTOR and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The CONTRACTOR shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the CONTRACTOR pursuant to the terms of this agreement. The CONTRACTOR shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 8 9.10 Reversion of Assets: The CONTRACTOR shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the CONTRACTOR by the CITY. The CONTRACTOR shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMS A-122, by the CONTRACTOR prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.12 Reneaotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9.13 Riaht to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the CONTRACTOR shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.14 Disputes: In the event an unresolved dispute exists between the CONTRACTOR and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the CONTRACTOR, or in the event additional time is necessary, the CITY will notify the CONTRACTOR within the 30 day period that additional time is necessary. The CONTRACTOR agrees that the City Manager's determination shall be final and binding on all parties. 9.15 Indemnification: To the extent provided by law, the CONTRACTOR shall indemnify and hold harmless and defend the CITY, its agents, employees, and elected officers from and against any and all claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct or misconduct by the CONTRACTOR, its agents, employees or officers in the performance of services under this Agreement. 9 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. Print THE CENTER FOR TECHNOLOGY, ENTERPRISE, AND DEVELOPMENT, INC. By: WITNESSES: Print STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ day of 200_, by , who is personally known to me. NOTARY PUBLIC Sign Print Personally Known OR Produced Identification Type of Identification Produced: ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Mayor Approved as to form: City Attorney 10 ATTACHMENT "A" SCOPE OF SERVICES The major focus of The Center for Technology, Enterprise, and Development, Inc. under this Agreement shall be to provide management and technical assistance through the Business Incubation Program to eligible business owners or prospective business owners whose businesses are located, or will be located, within the established CDBG Target Area of the City of Delray Beach. At least 51 % of the beneficiaries of a project funded under this Agreement must be low- and moderate-income persons (as determined annually by HUD for the area). Eligible businesses participating in the Business Incubation program shall receive hands-on management assistance, access to financing, access to equipment, flexible leases and expandable space. PERFORMANCE MEASURES FY 2005 DELlVERABLES PERFORMANCE MEASURES FY 2005 DELIVERABLES Jobs Created 3 Businesses Created 3 Businesses/Entreoreneurs Assisted 20 Number of New Business Under Incubation Aoreement 8 Revenue Generated from Incubator Ooerations 8,000 ATTACHMENT "B" ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122 ITEM OF COST OMB A-122 (NON PROFITS) Unallowable Allowable Advertising " Bad debts " Bonding " Communication " Compensation, personnel services " Contingency provisions " Contributions (to others) " Depreciation, use allowance " Donations (from others) " Employee morale, health, welfare " Entertainment " Equipment ".. Fines, penalties " Fringe benefits " Fund raising, interest, investment management " Idle facility, idle capacity " Insurance & indemnification " Interest Labor relations " Lobbying " Losses on other awards " Maintenance, repair " Materials, supplies " Memberships, subscriptions, professional activity " Organization costs ".. Overtime, shift premiums ".. Page charges in professional journals (research) " Participant support costs ".. Patent costs " Pension plans " Plant security " Pre-award costs ".. Professional services " Profits, losses on asset disposition ". Public information service ..J*** Publication and printing costs "*** Rearrangement, facility alteration ".. Reconversion costs " Recruiting " Relocation ". Rental " . Allowable under limited circumstances. .. Allowable only with prior permission from the CITY. ... Allowable only as a direct cost with permission from the CITY. ATTACHMENT "8" ITEM OF COST OMB A-122 INONPROFITS) Unallowable Allowable Royalties, use of patents, copyrights " Severance pay " Specialized service facilities " Taxes " Termination-related costs " Training, education " Transportation " Travel ". . Allowable under limited circumstances. .. Allowable only with prior permission from the CITY. ... Allowable only as a direct cost with permission from the CITY. ATTACHMENT "C" INSURANCE REQUIREMENTS WORKER'S COMPENSATION This coverage shall include Worker's Compensation Insurance covering all employees and include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is required and must be provided to the CITY via Certified Mail. COMMERCIAL GENERAL LIABILITY This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit for bodily Injury Liability and Property Damage Liability. THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. BUSINESS AUTOMOBILE LIABILITY The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. In the event that the CONTRACTOR does not own any vehicles, we will accept hired and non- owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the CONTRACTOR indicating the following: does not own any vehicles. "Company Name" In the event we acquire any vehicles throughout the term of his Contract/Agreement, agrees to purchase "Any Auto" or "Company Name" Comprehensive Form coverage as of the date of acquisition. The CONTRACTOR's Signature: :::; ~ Cl ~ c.. Z Ou> !;;: m to .~ :::>= . (,) m pZ... I-OO,f ZOOt: wwo :::; Z CL :COO.. (,):::>0:: <(COe:: ~:c .2 <((,)- <(ft1 wI!! COt.) >-..0 ~~ --' w Cl l.L. o ~ (,) in .0 Io o <= <X) -~~EO_ W.>~N tLi58~ >. a. >. ~L-:.;;:;;..c I:::I ~SlL.C!) ,g~::a:c:c: - . E E S~ro..2..2 ~~~88 Cl >. u:I '0.9 0 ..0 >. ~ '" ""C...:m$U 053:2 ~m"C ttl c:_ c: (/) > ~..Q:e"E"'OEoE~:O ~ 0-..... ~ E..2 "*..2 c.-g s: a3 :B..o.g 8 "0 8 ..9 ct'I,..... al"" l.L. >.'" ~..Q ~ '" 0. ~ ~~8. w >.~ ~!2 0'" Icn '0 '" Cl 1i5 <= Q) "e roO:; 0>- (,) ~ I .$ '" 0 "' Jg CD~ ~ o a. E w <( '" E '" Iii z <= :;; ~ <( '00 z 0 U) a. .0 U) 0 W ~ Z U) ~ m 'It '" '" <= +' '" ~ " "E ~ .!!! 13 5 '" "E E .!!! E 13 .~ '" "E E '" E E .~ '" ~ "E '" '" '" E <= '" '" ~ Sl '" '" .5 <= '" '" <= 0 .<= :s .$ <= '" '" <= Sl .<= '" 5 "E .<= '" 0. ~ '0 .$ '" '0 ~ '" u 1i5 in ~ 0:: U 0 in "" 0:: 'j); 0 'E 0 "" <U "- 'j); "' m .0 0 "' > 0 "- '" '5 ~ .c .= <T :;, o "' w .....15 <U E "" ~ ii ;= '" .;( <U Z <= " W u.. I W >- \'- ATTACHMENT "E" DELRAY BEACH BUSINESS INCUBATION PROGRAM Job Creation Summary Report A B C # Business Name Existing FTE" New Jobs from HE Jobs from Attachment D Attachment 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 TOTAL 'FTE - Full Time Equivalent ATTACHMENT "F" DELRAY BEACH BUSINESS INCUBATION PROGRAM Business Creation Report No. Business Name Date Incorcorated 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ATTACHMENT "G" DELRAY BEACH BUSINESS INCUBATION PROGRAM Business Incubation Agreements Report Tvoe of Ac reement No. Entrepreneur or Business Name Start Date Expiration Date New Renewal ~ '" .<:: o '0 '" '0 'S: e CL '" ~ i:: '" en "E__c ~ffig <.9Eco - ~ u ffi~Q. .3c:~ '0 C '" .$ co o c Q) E Q) C) '" c '" E -Ie ~ e Q. 0; " tl .!!1 ]i .5 >. ~ ~ u; 5 -'= ~ '" Q) '" ~ C) .5 a:; -l" '" E c- o ~ '" Q. ~ Q. c '" Q. '" '" Q) c .in " .c c o 1;; " '" > Q) E * >- '" c ro .2 "u 16 c:.~ ~C5 lo;:;:: .(3 c,Q; 5 E cE " 8 ~~ c = ~'" !.! <: gj .. '" cnl\J CU .. " E15 oa. l~ ..~ O.Q ...e .. ~ ~ '" .;;;~ ~@ c '" '" ~ ~ 0 c: '" .- > '" '" ~o c co ::2 c: '" C2 I- <.9 c.~ 0 O:::t:: ::J '" , c: CL 0 ~ t .- co '" Zc. c: ~ ::> 0" '" enee -0::: u ~ .. - '0 ee U 0 ::J c: '" '" 12 .<:: u,* .!!2 '" '" ZO_ .0 .!: - .. .l!! ~:! '" '" ::> W ... wee Z = .. en c ::J .. co ... ee c. ::> :c e '0 'S: U - '0 c <(w c: w - ee .. ~ .. 2i .. c Ou; c: -' 0 w = 2; 0 al c: u. 0 0 ~ '" ~ c u !:!:! '" E co Z co ::> '0 'S: :g - - '" '" '" c: '00 ::> ee ATTACHMENT "H" DELRAY BEACH BUSINESS INCUBATION PROGRAM Financial Information Business Incubator Center: Date' 1'tQtr. 2ndQtr. 3nlQtr. 4th Qtr. Year -to-Date Oct. 1 to Jan 1 to April 1 to July 1 to Dec. 31 March 31 June 30 Sept. 30 2006 SOURCES OF INCOME lOO NOT include in-kind contribution) A. SDonsors City/County/State/Federal Governments Universities/Colleoes Communitv Oroanizations For-orofit oro.lFinancial institutions Other (Soecifv) Sub.Total B.Loans Line of Credit Credit Card Other Sub-Total C. Revenues from Business ODerations Contracts & services to clients Tenant's space lease (Gross Rent) Clients membership fees Interest from Investments Other (specifv) Sub-Total TOTAL INCOME I EXPENSES Incubation Proaram Salaries & benefits Rent/Utilities/Maintenance All other operational exoonses Staff professional develooment Loan interests & orincioal TOTAL EXPENSES I NET BALANCE Total Income minus total expenses ATTACHMENT "H" DELRAY BEACH BUSINESS INCUBATION PROGRAM Financial Information Business Incubator Center: Date: Page 2 Incubation program expense: Professional services such as business consulting for clients, feasibility studies, assessment of proposals, and grant writing. Customer survey expenses, subsidies to clients for loan applications, conferences, workshops, training courses, protocol expenses, subscription fees, and other expenses related directly to the program. Payroll & benefits: If the salary of a business consultant to clients is reported as an Incubation Program expense it cannot be included in the payroll and benefits sections. Rent/Utilities/Maintenance (building costs) expenses: Maintenance / repairs, lease or mortgage expenses. All other operational expenses: Supplies, equipment and professional services (related to operational activities only). Staff Professional Development Expenses: Staff members participating in: executive programs, training workshops/courses, computer courses, etc. Loan interest and principal expenses: The total amount paid on a business loan to finance business incubator activities. This includes interest and principal. AGENDA REQUEST * Request to be placed on: _ Regular Agenda _ Special Agenda _ Workshop Agenda xxxx Consent Agenda Date: February 28, 2006 When: March 6, 2006 Description of item: Request to approve and execute subrecipient agreement with The Center for Technology, Enterprise and Development. Inc. in the amount of $30,000. Funding was allocated under the approved Fiscal Year 2005-2006 CDBG Annual Action Plan. Funding will be made available from the CDBG budget. Total funding is $30,000. ORDINANCE / RESOLUTION REQUIRED: YESINO Draft Attached: YESINO Recommendation: Staff recommends approval and execution of the subrecepient agreements for funding. Department Head Signature: ~;1}yl !. L._..-~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: G~o v:t . . Fundmg Alternatives: ... /' (If appJlcable) Account No. & Description: 110-' /% j -s St./. [5,j - 6 ( Ot1'Xv:i~ l-' Account Balance: 'i. 9 i). 908 () 0 *' ..s. City Manager Review: Approved for Agendai~O 01J1 Hold Until: j I Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved Dk otV1 MEMORANDUM DATE: David Harden, City Manager Lula Butler, Community Improvement Director \I!J Kendra W. Graham, Community Development Administrator prr February 28, 2006 TO: FROM: THRU: SUBJECT: Request for a one time waiver of the maximum grant award under the City's SHIP Hurricane Disaster Strategy ITEM BEFORE THE COMMISSION City Commission authorization and approval to waive the $8,000 maximum grant award established for the disaster relief strategy in the City's Local Housing Assistance Plan. BACKGROUND Resolution #31-04 adopting the City of Delray Beach's 2004-2007 Local Housing Assistance Plan (LHAP) was approved by City Commission on April 13, 2004. The LHAP inciuded a disaster relief strategy to provide funds to eligible households for repairs to hurricane damaged houses and reimbursement of insurance deductibles. The maximum award established for the disaster relief strategy was $8,000 for very low, low, and moderate-income households. On January 17, 2006, City Commission approved Resolution #5-06 amending the LHAP to increase the maximum grant award under the disaster relief strategy to $15,000. Following Hurricane Frances in 2004, City officials identified an emergency situation in which a tree fell onto the roof of a resident's home. The resident did not have insurance, is legally blind and required our direct assistance to abate the urgent conditions. Utilizing SHIP disaster relief funds, Community Development staff solicited vendors and paid $7,500 to have the tree removed. Once most of the tree had been removed it was discovered that the roots of the tree were conflicting with the water pipes and other infrastructure, thus requiring a separate vendor to be brought in to do the final removal of the root system. This cost an additional $1,250. The total cost for this SHIP assisted project was $8,750. Community Development staff processed the pay requests separately without realizing that the total project cost exceeded the maximum award amount. To correct this oversight and have a "clean" audit trail, staff consulted with Florida Housing Finance Corporation and was advised that City Commission could approve a waiver on a one time case-by-case basis. RECOMMENDATION Staff recommends authorization to waive the $8,000 maximum award under the disaster relief strategy and approve a one time payment of $8,750 in support of assisting the Henry Cooper household. <6~ Agenda Item No.: ~ AGENDA REOUEST Request to be placed on: X Regular Agenda _ Special Agenda _ Workshop Agenda _ Consent Agenda Date: February 28, 2006 When: March 6, 2006 Description of item: Authorization and approval to waive the $8,000 maximum grant award established for the disaster relief strategy in the City's Local Housing Assistance Plan. Recommendation: Staff recommends authorization to waive the $8,000 maximum award under the disaster relief strategy and approve a one time payment of $8,750 in support of assisting the Henry Cooper household. Department Head Signature: ~ ~.J5~ --=:::::::, City Attorney ReviewIRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: YESINO Funding Alternatives: Account No. & Description: Account Balance: (if applicable) City Manager Review: Approved for Agenda: ~INO Hold Until: (i Agenda Coordinator Review: Received: Placed on Agenda: 0/\ mu1 [ITY DF DElRAY BEA[H CITY ATTORNEY'S OFFICE .'(lil "W IsI (IVL" , F' rJf,I.RAY REACH. }CLORIDA 33444 I'I:UJ'flOI\F :'ihi/_1-1-_-:;-7()()ll' F\CSli\ll1.L: :'i61!27X-47:'i) DELRAY BEACH ~ All-America City Writer's Direct Line: 561/243-7091 " II J!DATE: MEMORANDUM March 2, 2006 1993 2001 FROM: City Commission David Harden, 9!Y-Manager p........~ Brian Shutt, Assistant City Attorney TO: SUBJECT: Resolution Oooosinq Removal of Local Cable Franchise Authority There are currently a number of bills at the Federal and State level that, if passed, would essentially preempt local government franchising authority and replace it with State or Federal authority. The bills are troubling in that if the franchising authority is taken away from the local level (municipalities) the City would lose many of the current benefits that it has under its franchise authority, such as, PEG channels, free service to City buildings and schools, and the capital grant that we currently receive from Adelphia. lIa Feld, Esq., the City's outside cable consultant, has drafted the attached resolution opposing the bill. Once approved, this Resolution would be forwarded to the appropriate members of the U.S. Congress, Florida Legislature and the Governor as well as the Florida and National League of Cities. Our office requests that this item be placed on the March 6, 2006 City Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, City Clerk Doug Smith, Asst. City Manager ~G Resolution 13-06 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, URGING CONGRESS, THE FLORIDA LEGISLATURE AND THE GOVERNOR TO ENSURE LOCAL GOVERNMENT AUTHORITY TO REQUIRE LOCAL FRANCHISES FOR THE PROVISION OF VIDEO SERVICES WITHIN ITS JURISDICTION, TO PROTECT EXISTING CABLE FRANCHISES AND LOCAL GOVERNMENT FRANCHISING AUTHORITY, AND TO PROTECT LOCAL GOVERNMENTS' AUTHORITY TO PROVIDE COMMUNICATIONS SERVICES, AND DIRECTING THAT THIS RESOLUTION BE FORWARDED TO APPROPRIATE MEMBERS OF CONGRESS AND THE FLORIDA LEGISLATURE, THE GOVERNOR OF FLORIDA, THE NATIONAL LEAGUE OF CITIES, AND THE FLORIDA LEAGUE OF CITIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach (the "City") has adopted Ordinance No. 10- 05, providing for the installation, construction and operation of cable television systems in the City; and WHEREAS, the City has granted a cable television franchise to Adelphia Cable; and WHEREAS, current law requires cable television operators to obtain a local franchise agreement from local governments before a cable television operator offers video services to the local government's residents; and WHEREAS, the obligation to obtain a local franchise to provide video services stems both from inherent local government authority over the use of rights-of-way and from the federal 1992 Cable Act, Title VI; and WHEREAS, the City has, through the franchising process, obtained benefits that satisfy the cable television related needs of the community, including the provision of an I-NET, free services to schools and governmental facilities, a capital grant, enforcement of customer service, and other services that support important educational and public interests; and WHEREAS, AT&T and Verizon have announced their intent to offer video services and are seeking federal legislation, potentially as part of the rewrite of the federal Communications Act, which restructures the local franchising process and creates a national video franchise permitting telephone companies to offer video programming within local government jurisdictions without obtaining a local franchise agreement; and WHEREAS, Legislation is being considered in Florida to create a state video franchise process that would allow the provision of video services within local government jurisdictions without obtaining a local franchise agreement; and WHEREAS, local government jurisdictions should have the authority to obtain and enforce local franchise agreements to obtain needed services such as the services the City has obtained pursuant to its franchises; and WHEREAS, the requirement of obtaining a local franchise is not a burden to telephone companies' provision of cable television services, as evidenced by the number of existing franchises with BellSouth; and WHEREAS, Cities should have the authority to provide communications services, including internet, cable and telephone services, for the benefit of local residents and economic development purposes, without undue interference from the federal or state governments; and WHEREAS, the U.S. House of Representatives is considering a bill that would create a national cable/video franchise, thus bypassing the local franchising process; and WHEREAS, the U.S. Senate has filed a similar bill that prohibits state and local governments from requiring a franchise for the provision of video services, extinguishes existing cable franchises, and restricts the authority of local government to provide communications services; and WHEREAS, for these reasons, the City Commission of Delray Beach finds that it opposes this proposed federal legislation and urges members of Congress to oppose such proposed legislation; and WHEREAS, the City finds that it opposes Florida legislation that would create a state video franchise process and eliminate local cable franchises and urges members of the Florida legislature and the Governor to oppose such legislation; and WHEREAS, the City finds that it would be in the public interest to forward this Resolution to appropriate members of Congress and the Florida Legislature, Governor Jeb Bush, the National League of Cities, and the Florida League of Cities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF DELRAY BEACH CITY COMMISSION: Section 1. The foregoing 'Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon its adoption. Section 2. That the City opposes federal legislation that creates a national video franchising process preempting the City from requiring a local franchise agreement from telephone companies to provide video services in the City, extinguishes existing cable franchises, and restricts the authority of local governments to provide communications services. Section 3. The City urges members of Congress to oppose this legislation and protect the City's local franchising authority over video services and its ability to provide communications services. Section 4. The City opposes Florida legislation that would create a state video franchise process preempting the City from requiring a local franchise to provide cable and video services, and urges the Governor and the members of the Florida Legislature to oppose such legislation. Section 5. The City is hereby directed to immediately distribute this Resolution to appropriate members of Congress and the Florida Legislature, Governor Jeb Bush, the National League of Cities, and the Florida League of Cities. Section 6. That this Resolution shall be in full force and effect immediately upon its adoption. PASSED AND ADOPTED in regular session on this the _ day of ,2006. MAYOR ATTEST: City Clerk . ! " CITYCiMMI""S.O. N>DOCUMENTATlOiij: ..................:.:..:..:.:.:::..:..::.::::.:::.::.-:.:;;;p::..:~::.::::::.::"::,,.<,,<::,,::,,""".:::"d"...".:,,:,,:,,;.:."::':":':"".:.:;; D/< ~ .... .. II FROM: . HARD~' ITY MANAGER ~ - P U D~ING, ~I CTOR OF PLANNING & ZONING SCOTT ~PARKING MANAGEMENT SPECIALIST TO: THRU: SUBJECT: MEETING OF MARCH 6, 2006 - CONSENT AGENDA REVIEW MULTI SPACE METER REQUEST FOR PROPOSAL BACf(.(;F{il.Jt4D!AND:ANAI.i~sisl!! . ...11 ::: "'...."..'.".,,'.: ',;,,,,,,;:;;,,,,,,'" : ":0':':'" At the January 10, 2006 workshop, City Commission directed Staff to proceed with drafting a Request For Proposal (RFP) for the purchase, installation and maintenance of multi space meters, to convert the existing single head and multi space metering systems currently in place. The following direction was given: ~ Utilize Pay and Display technology, where customers purchase a receipt to place on the dashboard of the parked vehicle as proof of payment; ~ Include coin, credit/debit, and smart cards as payment options with the option of payment by telephone to be included as an upgradeable item; and ~ Provide a cost analysis comparing multi space to single head electronic meters to be installed along Ocean Boulevard (SR A1A) In order to adhere to the established timeline RFP 2006-15 was advertised on February 26, 2006. Attached please find a copy of the scope of services from the RFP for your review. A mandatory pre bid meeting is scheduled for March 10, 2006. If the Commission has any additional modifications to the RFP they will be included as an addendum to the RFP. ALTERNATIVE ACtiONS: . .. II " :: .,;,: ..< 1. Continue with direction; or 2. Accept the RFP as advertised. RECOMMENDSD ACITFlOiij: .... . .11 ,..;.,."..';....,,;;: :';';''':,,<':--'':::< .. +:,::;:: By motion, accept the RFP as written for the purchase, installation and maintenance of multi space meters as advertised. Attachment: Scope of Services ~\-\ SPECIFICA TIONS / SCOPE OF SERVICES OVERVIEW: The City of Delray Beach is seeking proposals from qualified vendors for the purchase and installation of approximately twenty (20) to forty (40) new electronic pay & display/multi- space, receipt dispensing parking meters, in accordance with the Request for Proposal (RFP) When pricing please include any price variances for quantity purchase (20 units compared to 40). The City currently has approximately 600 single space and 12 multi space meters east of the Intracoastal Waterway in the beach area of the City. This RFP will hopefully result in new meters that will replace all of the meters in this valuable area of the City. The City of Delray Beach intends to provide the tourist and patrons of the City's beach area with the latest state-of-the art technology in parking meters. We are looking for innovative meters that are acceptable to a tropical climate and durable in 140-mile per hour winds. The meters will also be exposed to and surrounded by the Ocean and Beach elements. VENDORS SHOULD RESPOND TO ALL ITEMS LISTED IN THE TECHNICAL SPECIFICATIONS RESPONSE SUBMITTAL SILENCE OF SPECIFICATIONS: The apparent silence of the specifications as to any detail concerning any specific requirement shall be regarded as meaning that only the best commercial practices are to prevail and that only new materials and workmanship of first quality are to be used. All interpretations of these specifications will be made upon the basis of this statement. ATTACHMENTS / ADDITIONAL INFORMATION: Any information or responses to specific questions requiring additional pages must be clearly noted as to the page, section and question number it relates to. Failure to comply might result in lower scoring if one or more members of the review committee are unable to find required answers to questions. -19- SUBMITTAL REQUIREMENTS OF THE PROPOSAL: ELIGIBILITY: To be eligible to respond to this RFP, the proposing firm must demonstrate that they, or the principals assigned to the project, have successfully completed services, similar to those specified in the Scope of Services section of this RFP, to at least one City similar in size and complexity to City of Delray Beach. SUBMITTAL REQUIREMENTS All proposals must be submitted as specified. Any attachments must be clearly identified. To be considered, the proposal must respond to all parts of the RFP. Any other information thought to be relevant, but not applicable to the enumerated categories, should be provided as an appendix to the proposal. If publications are supplied by a proposer to respond to a requirement, the response should include reference to the document number and page number. This will provide a quick reference for the evaluators. Proposals not providing this reference will be considered to have no reference included in the additional documents. SUBMITTALS: (To be indexed and submitted in order listed:) A. Letter of Interest / Cover Letter - Briefly state the Proposer's understanding of the services to be rendered, and make a positive commitment to perform according to the requirements noted in this RFP. This letter MUST also confirm that all costs submitted in this RFP shall remain firm for acceptance for a minimum of one hundred and twenty (120) days from the date of RFP opening. B. Professional Licenses and Certificates / Sample Insurance Certificate- Submit a copy of all Licenses, Certificates, Registrations, Permits, etc. that your company / staff possesses. Also include proof of insurance in this section. C. Company Profile - Legal name, address, telephone number, fax number, e-mail address, web page address, etc. of the proposer, together with legal entity (corporation, partnership, etc.). First must be established as a legal entity in the State of Florida. Provide hours of operation; Years in business; State whether the firm is local, regional, or national; Provide addresses and phone numbers for Headquarters and other relevant offices if applicable. D. Joint Venture - If submitting as a joint venture, submit a copy of the joint venture agreement including the financial agreement between the parties and the percentage of participation of the parties. -20- E. Disputes, Litigation, and Defaults - Applicant shall disclose the results, including amount of settlement, if any, for all prior litigations, arbitration, mediation or other claims involving the applicant or any consultants for a period of five (5) years prior to the submission of this proposal. F. Qualifications / Experience - Describe firm's experience, detail projects done within the previous three (3) years. G. Staff - Give a complete list of the number of managers, supervisors, and other staff employed a the compound site from which services will be rendered. Identify the staff members who will provide the services, including staff from other than the local site, if necessary. Include their experience. H. Technical Approach - Describe the services proposed by your firm and your implementation plan for this contract. This section must address the required services noted in this RFP, and how your firm plans to provide them. I. Milestones, Deliverables and Proposed Benchmark Timetable - As part of the project approach, the firm shall propose a scheduling methodology for effectively managing and executing the work in the optimum time. Such timeline information and proposed dates shall include, but not necessarily be limited to; delivery, installation, diagnostic testing, training of designated personnel, and other phase related completion dates, in accordance with the RFP specifications. J. Financial Documentation - A copy of the firm's Dun & Bradstreet rating for the last two years should also be provided (if available). If a Dun & Bradstreet rating is not available please include relevant financial reports for the last two (2) years (i.e. the firm's annual report and/or audit). If the proposer is deemed to be financially unstable by the City's Finance Drector, or designee, the City may deem the proposal to be non-responsive. K. References - A list of current and former major accounts along with contact persons name and phone number(s). This list should include accounts that represent company's experience with entities of similar size and exposures as the City of Delray Beach. L. Submittals - (1) Respondent shall provide samples of reports along with their proposals. Respondent shall also include brochures and manufacturers specifications for all required items. (2) Provide installation drawings and specifications. -21 - M. Extended Prices: Proposer is requested to indicate if additional quantities of the items may be purchased at a price quoted herein: YES or NO If YES, through date: N. Warranties / Extended Maintenance And Software Support - Proposer shall state the initial equipment and software warranty. Also provide information for extended maintenance and support services that are available after expiration of the initial equipment and software warranties. Information shall include specific details on the type of coverage and all exclusions, if applicable. Proposer should submit information for on-site warranty services for the system proposed in accordance with the RFP specifications. O. Detailed list of Offering - Provide a detailed list of all hardware, software, materials, components, and other incidentals that are included in your proposal price. -22 - Complies With Specification Requirements (circle ''Y'' for yes and "N" for no) INSTRUCTIONS: Provide a response to each of the following questions A.GENERAL 1 Respondent shall use a local distributor to provide support for initial installation, training, parts and warranty service. "Local" is defined as close enough to the City of Delray Beach to provide twenty-four (24) hour responses to software and hardware requests without reauestina travel reimbursement y N 2. 3. Machines must remain fully functional in abnormal street conditions like excessive heat (Internal Operating Temperature of o of to 140 OF), humidity, rain, hail, grime, vibrations, saltwater spray, etc. y N All machines shall be constructed with new and unused, rugged materials and meet "Year 2000" compliance requirements. y N 4. Respondent must explain, preferably in a Visio Diagram, how its computer network processes the flow of magnetic stripe and/or smart card information from the pay stations to and from the bank or electronic financial transaction authorization network. 5. Respondent must describe, in detail, all of the equipment they propose to use. 6. Respondent must also describe in detail its plan for pay station auditing and reconciliation procedures that track electronic revenues from the pay station to the financial clearinghouse. The clearinghouse system must conform to International Standards Organization (ISO) standards for authorization messages. The ISO standards, as amended from time to time, are deemed as being incorporated by reference herein. All electronic processing must utilize a SSL gateway and provide at a minimum 128 data encryption and conform to all Visa and MasterCard requirements. 7. 8. The vendor must have a toll free support number for troubleshooting both software and hardware. y N Any software and hardware backups needed shall be available within twenty-four (24) hours. y N - 23- 9. 10. For newly installed units, the City of Delray Beach personnel reserves the right to install the base and the local distributor will supply a fully operational pay-station at the City of Delray Beach selected location. City of Delray Beach will take possession of new units at the point of installation. y N When the machine is configured as pay and display, the customer inserts the payment required to purchase the desired amount of time up to the maximum time limit. Payment may be made by a combination of coins, credit/debit or smart card. An internally printed receipt is provided displaying date, expiration time, expiration date, transactions amount paid, pay station identification number and a unique receipt identification number. At any stage of the purchase, a cancel option shall be available to allow the customer to retrieve the funds, if the customer wishes to terminate the transaction. Payment by telephone (cellular or land line) must be available as an upgradeable item at the request of the City. Applicable charges for this upgrade shall be listed as a separate item. y N B. BASIC SYSTEM REQUIREMENT 1. 2. System must operate in a networked environment and be capable of functioning as single units during emergency operations. y N The software will facilitate the management of communications, rates, maintenance, collections and audit functions. y N 3. Machines must be able to run off solar and/or AC power supply with standard locally procured regular and/or backup batteries. y N 3a. What type of batteries are required for your product? 4. Vendor should specify Machines minimum transactions on back-up power, without error. 5. 6. 7. During power outages, all machines will operate in a stand-alone capacity and store accumulated data in memory. y N A separate backup battery must be supplied to sustain the clock, calendar, audit information and RAM in the event of a main backup system failure or during battery replacement. y N Machines shall have optional language capability for display and verbal commands. y N 8. Machines shall display specific 'out of order' conditions and should operate with the malfunctioning status, until serviced. y N -24 - C. CUSTOMER OPERA nON 1. 2. The pay stations shall operate with coins, and credit/debit/smart cards in a manner that allows customers to follow simple printed, digital and/or verbal instructions to complete the transaction quickly (also applicable to phone payment if chosen as an option). y N Instructions should tell the customer what to do first, and then lead them through the transaction in approximately 45 seconds. The last mandatory instruction for the pay and display machine shall be to advise the customer to display the receipt on the vehicle dashboard. y N 2a. Approximately how many seconds does your product take to complete an entire transaction? D. CURRENCY ACCEPTED 1. Machines must accept US currency in denominations of, nickels, dimes, quarters, "SBA" and "Gold" dollar coins, magnetic striped credit/debit cards with and without embedded Smart Card chips and the City of Delray Beach smart cards. Respondents must provide the City with the type of Smart Card technology the proposed machines are capable of accepting. Payment by phone (cellular or land line) must be included as an upgradeable item. y N E. HOUSING AND PEDESTAL 1. Respondents shall state the specifications of the pedestals and housings, specifically including metal thickness, height, width and depth, in inches, and the weight in pounds of machines (with and without pedestals), tensile strength and gauge of metal. Respondents must provide a description of their product housing, including materials and thickness, and how the design secures the unit against attempted theft / vandalism. 2. The Respondent shall give a description of the advantage of paint or coating covered stainless steel compared to raw finish. 3. Provide installation drawings and specifications. 4. Describe how locks can be integrated into each unit in the cash box access doors and provide your separate price for this item if the City chooses to utilize this feature. - 25- 5. Describe how cash collections shall be performed. 6. 7. 8. 9. 10. 11. 12. Awarded contractor shall securely mount pedestal in a concrete base, and should only be installed or removed from inside the housings so that no mechanical fasteners are exposed. Confirm that the entire meter mechanism shall be enclosed in a durable, weather resistant housing constructed of corrosion resistant non-brittle metal of such thickness as to resist tampering, graffiti or abuse. Paint or coating, if selected, shall be high quality and weather resistant, and shall provide a tough, scratch-resistant and easily cleaned surface. Unit must also have a double zinc primer. Machine apertures such as, but not limited to, the coin return, receipt dispenser and card reader must be designed and/or shielded to discourage vandalism, insertion of foreign material or other efforts to deliberately jam the unit. Aperture design should prevent damage from the insertion of any type of commercially available pyrotechnic device. When installed, meters shall meet all applicable ADA requirements. All coin and card aperture locations must be compatible with Americans with Disabilities Act (ADA) requirements - the centerline of controls shall be no more than 42 inches (1,065 mm) above the pedestrian access route. Internal humidity shall be controlled utilizing a fan or other proven means. y N y N y N y N y N y N y N 13. 14. 15. 12a. What means does your product provide for internal humidity? The Housing shall have door alarm sensor set to activate when the front door is opened 1/8" or more. Housing includes high security multi-point locking bar. Housing locks shall be high security locks keyed with a proprietary combination developed exclusively for City of Delray Beach. All locks shall be high security locks with anti-drill protection. Machine housing shall have separate compartments for maintenance and collections. Separate keys shall be available to prevent maintenance personnel from accessing the collection area and vice versa. y N y N 16. y N There shall be no access to the money in the cash box when the upper or lower housing is opened for maintenance or collection. - 26- y N 17. The vendor shall supply two (2) cash boxes with each unit. y N The following security measures, although not limited to, shall be included with each cash box (items 18 - 25): 18. The cash box shall have a security locked keyed system separate from the Machine's other compartments. y N 19. The cash box shall have a handle for easy handling. Collection boxes shall be strong, lightweight and manageable. y N 20. A closed coin path shall direct coins to drop into a locked cash box. y N 21. The collector shall not have access to the coins in the cash box during the collection process. y N 22. Machines will provide a transaction report at the time of collection, showing date, time and cash box audit amount via wireless two- way communication and accessible at an Internet web site password secured to the user level. y N 23. Cash box should hold a minimum of $600 worth of assorted U.s. coins. y N 24. Give description of available colors and materials used, including Materials Safety Data Sheet (MSDS). 25. Resistance to corrosion. y N F. D/SPLA Y 1. Respondents shall describe the capabilities of the display screen used in their pay station. Respondents shall explain language choices available for display and how language(s) 2. are selected. 3. Pay station displays shall be backlit. y N 4. The unit must have a LED screen with high-resolution display, which is easy to read in various lighting conditions including bright sunlight. y N 5. The screen must be protected by a security cover, vandal resistant, weather proof and corrosion resistant. - 27- y N 6. N 7. The screen should be modular and easily unplugged and replaced with basic tools for easy services. y N 8. 9. The display should be able to accommodate custom messages. y Messages should be updateable through the supplied desktop software package and downloadable to individual or multiple units via two-way communication. y Machine display should include time of day, increments of payment - amount entered and time purchased and an indication of total time remaining after the transaction is completed or the time of day when the amount of time paid for will expire. y G. ELECTRICAL AND ELECTRONIC COMPONENTS 1. The sub-assemblies of the meters shall be modular in construction to provide easy servicing through on-site plug-in replacement of parts. y N N N 2. Respondents shall explain how unit components are protected from moisture, dust, lightning, adverse weather, and other factors that might cause an operational failure of a component or the Machine. 3. All electronic connection plugs shall be of the best quality. y N 4. 5. 6. All assemblies shall be electronically grounded and compliant with local codes for electrical/electronic equipment. y All circuit boards and internal components are to be environmentally sealed, highly water-resistant and operate in conditions of over 95% humidity. y All electronic connection plugs must be physically differentiated and must only fit one way. y H. ALARM 2. 1. Shall have a maximum of 100-decibellocal, VibrationlTill/Tamper alarm installed, with an alarm to PIC, Delray Beach Police Department Dispatch and automatic alarm paging capabilities. Alarm shall be programmable up to the 100 decibel level. y Additional VibrationlTill/Tamper alarm shall include a visual mechanism, such as a flashing beacon or similar light, on top of the machine for easy detection. y - 28- N N N N N 3. Respondents may describe other message capabilities that may be available on their product. 4. Machines shall be able to send messaaes via wireless for all of the followina reasons, within 30 seconds of each occurrence (Items 4 - 14): Cash box status y N 5. N Alarms (VibrationlTilt) y 6. Attempted theft of Machine y N 7. N Machine out of order y 8. Open door y N N 9. Paper supply low y N 10. Low battery y N 11. Power failure y N 12. Card reader out of order y N 13. Coin chute jammed y 14. Machines must have built-in diagnostics software that records and stamps date and time of all operations events (warnings, machine failures, resets, low battery, maintenance functions, etc.) for reports to the communications center. y I. DEBIT/CREDIT CARD OPERA TION N 1. Respondents must identify and itemize all supporting equipment to support in-house operation and maintenance of a credit/stored value card system. 2. 3. Respondents must provide a card reader system that includes the following (Items 2 - 7): That reads and accepts approved magnetic striped credit/debit cards with and without embedded Smart Card chips y Respondents must provide the City with the type of Smart Card technology the proposed machines are capable of accepting. y -29- N N 4. Credit card transaction data shall be real-time and sent to a remote server for processing as per City of Delray Beach established communications media. y N 5. 6. If operating in Off-line mode, transactions may be considered based on software capabilities to set purchase limits. y N Respondents shall also identify the ability to prepare and load lists of credit/debit cards that the machine will not accept ("black lists") via City of Delray Beach established communications. y N 7. Respondents must provide a number of cards that can be "black listed", and the number of cards the Machine can store in memory. Blacklisting Capability # Storage Capacity # J. CREDIT AND SMART CARD READER 1. The unit shall contain a dual credit card and smart card reader capable of reading magnetic stripe, smart EMV Chip Cards. y N 2. If the card slot is jammed (inoperable), the machine should still accept payment by coin. y N 3. Unit card readers shall be equipped with SAMs capable of accepting multiple smart card schemes, such as MasterCard and Visa. y N 4. These programs will include the concept of cooperative use of cards among pay stations, and single space meters in the City of Delray Beach. Y N K. COIN ACCEPTOR 1. 2. 3. 4. The coin acceptor shall be electronically operated and shall register approximately 98 % of valid coins. Y N Coin registration should be locally programmable by City of Delray Beach personnel. Y N As each coin is inserted and passes through the coin acceptor, its value and time purchased is registered on the display. The machine shall then record the transaction and secure all coins in a locked coin compartment. Y N Coin recognition shall include nickels, dimes, quarters, and all U.S. dollar coins. Y N 5. Rejected coins, foreign coins, slugs shall be immediately returned via the coin return outlet. Y N - 30- 6. There shall be a prompt means to clear bent coins and counterfeit material that may jam the coin acceptor. y N 7. Coin acceptor must have an anti-pull back mechanical feature in coin chute. y N Machines shall contain (Items 8 - 15): 8. An automatic coin shutter, which will open for coin insertion, but not for plastic, wood, cloth, and all non-metal objects. The coin slot shall have means to mitigate the insertion of foreign objects. y N 9. The coin mechanism shall be able to reject foreign coins and slugs. y N 10. Machines shall not allow any tampering with its internal functions, to prevent any time to be given in any manner, other than the insertion of a valid coin or card. y N 11. Machines shall be able to accept at least 4 different user defined coins through software parameter change only. y N 12. Machines shall have a built-in feature that prevents coin and debit card transactions used for testing purposes from registering in the total revenue register. y N 13. All coins shall be accepted through a single slot. Y N 14. Removal, replacement, or repair of the coin slot should take less than two minutes. The coin slot must meet all ADA requirements. Y N 15. If the coin slot is jammed (inoperable), the machine should still accept credit or smart card forms of payment. Also to include phone payment if and when upgraded. y N L. PRINTER AND RECEIPT PAPER 1. Meters shall utilize thermal printers (no ribbons) with limited moving parts and with immediate access for cleaning the paper path. y N 2. The printer shall be easily removed for servicing. Y N 3. Printer intensity should be adjustable. y N 4. The printer should utilize thermal paper capable of not turning black. y N 5. Receipt paper shall be a continuous single roll or stack of direct thermal printed-paper. y N -31 - 6. Receipts shall print within ten seconds and shall have a high degree of quality and legibility. They must remain legible after remainin!=l inside a vehicle in direct sunli!=lht and heat for 24 hours. y N 7. Respondents shall state the approximate number of customer transactions per roll or stack of receipt paper. # 8. Receipts shall be available with custom printing/graphics. y N M. TRANSACTION STORAGE AND PROCESSING 1. All transactions shall be stored in a password protected secure SOL database file format with authorized user import/export capability. y N 2. With a minimum of 128 encryption, respondents shall state any methods of encryption or other security measures taken to meet the minimum of 128 encryption. 3. Transactions shall be tracked and identified via sequentially numbered series. y N 4. 5. Transactions, diagnostic data and security access exceptions shall be stored in separate and protected memory areas in nonvolatile memory. This data shall not be manipulated with system software. y N N 6. 7. 8. System power loss shall not cause the loss of transaction history. y Respondents shall state the average number of transactions capable of bein!=l held in memory before overrun occurs. y Transaction history shall include individual, hourly, daily and monthly transactional history reports. y The system shall utilize a minimum of three transaction- processin!=l modes, on-line, networked, and off-line. y N. REAL-TIME CLOCK 1. 2. 3. The meters shall be equipped with a programmable time of day clock that is accurate to 30 seconds per month. y The clock shall operate continuously and shall also track the year, month, day, and day of the week. y The meters shall automatically adjust for daylight savings time according to Eastern Standard Time (this feature shall be programmable and may be turned off if necessary). - 32- y N N N N N N 4. N The clock will remain operational during battery changes and power losses. y O. POWER MANAGEMENT 1. 2. Respondents shall state the following: a. Solar and/or AC Machines run primarily on battery, and solar and/or AC is used to charge the battery. y N N N N b. Solar and AC Machines run primarily on solar and/or AC, and the battery is the backup power source. y 3. Respondents shall state battery configuration (type, size, voltage, location and number), normal battery field life and expected transactions when running on battery only. c. The solar powered machine must have the capability to complete at least two hundred (200) transactions per day without requirement to recharge the battery. y Machines shall have the capabilities to run on 110-120VAC at 60 Hz and solar. y TYPE SIZE VOLTS LOCATION NUMBER P. REPORTS 1. 2. 3. Desktop reports shall be available to system managers by form fill queries or simple queries. y N N N N 4. The reports software should provide report capability on all information gathered. y 5. N Report properties shall be user definable. They shall contain the following (Items 3 - 27): Cumulative totals of all cash and card transactions y 6. All alarms y N All Maintenance transactions y Maintenance activity by location number y - 33- 7. Maintenance activity and operational status Y N 8. Maintenance activity by type y N 9. Date and time of collection y N 10. Identity of collector or technician y N 11. Machine identification y N 12. Machine location y N 13. Sequential collection number y N 14. Total amount of money in the collection Y N 15. Total card usage y N 16. Total cash in coin container y N 17. Revenue by location number y N 18. Revenue by collection area y N 19. Revenue by maintenance route Y N 20. Total number of tickets issued y N 21. Total number, value, and type (credit card and/or stored value card) of card transactions. y N 22. User log on history and activities Y N 23. Exception report for units not repaired Y N 24. Operational status by unit y N 25. Daily collection report with location numbers and audit Y N 26. Exception report for units not collected Y N Q. COMMUNICA nON/SYSTEM MANAGEMENT SOFTWARE (WIRELESS) 1. Respondents must describe, in detail, its plan for pay station auditing, and reconciliation procedures that track electronic revenues (magnetic stripe and/or smart card) to and from the pay station to the financial clearinghouse. - 34- 2. Respondents must describe, in detail, all of the equipment they propose to use and the security measures employed to protect data access and integrity. 3. Respondents shall explain, in detail, how their wireless two-way communication system works, including technical (components, frequency, etc) and practical (on line, real time status) elements and identify all costs per Multi-Space meter to the City. 4. Respondents shall explain average time of repair and audit transactions, under normal operating conditions, for wireless, two-way and hand held communication. 5. 6. 7. Machines shall be capable of wireless two-way communication to a remote communication center to transmit financial and activity reports and unit status. y N The clearinghouse system must conform to International Standards Organization (ISO) standards for authorization messages. y N Access to City of Delray Beach data shall be secured, at a minimum, by password protection and shall include multi- level access control. y N 8. 9. 10. 11. 12. All databases shall be 2000 compliant and run on Microsoft SQl Server. The software must supply reports for revenue, maintenance, and/or space usage. y N Information that must be transmitted includes, but is not limited to (Items 9 -11): Cash box status (lower limit warning when coins reach a programmable amount and an upper limit warning when the Machine shuts down) y N Alarms (attempted theft of machines, machine out of order, door open, low on paper, out of paper, etc.) y N Management data consisting of purchase of time (occupancy), time bought intervals (duration), type of transactions (coin and card with amounts paid) etc. y N Machines shall (Items 12 -16): Retain financial information even after transmission to ensure no loss of data. y N - 35- 13. It shall record and store the number of valid coin and card transactions and shall be accurate to 98% of actual deposits. y N 14. Transmit data to remote communication center cash box status management data (occupancy, duration, etc.) y N 15. Make multiple attempts if reception of the transmission is not confirmed by the communications center y N 16. Contain sufficient memory to store transmitted data (bad card list, etc) y N The communication center shall (Items 17 - 20): 17. Make multiple attempts if card payment does not clear Y N 18. Transmit expired/invalid card lists to units via two-way communication y N The software will facilitate the management of communications, 19. rates, maintenance, collections and audit functions. Y N 20. Group units for common messaging - assign machines to predetermined groupings y N - parades and other community events y N R. SYSTEM MANAGEMENT SOFTWARE 1 . State all Methods of Encryption and other software security features. 2. Machines must be fully programmable. Field programming is to be accomplished by City of Delray Beach staff, using any of the following for all parameter changes: . EPROM replacement y N . Wireless two way transmission y N . Hand held using a standard serial port and PDOT IR protocol Y N 3. The System management software shall be configurable in a single-station and networked fashion. y N 4. It should be convenient, and easy to use. Y N 5. Data stored in the software package shall be designed to allow for the easy import and export of all necessary data to fully integrate the system into other data base systems. y N - 36- 6. 7. 8. 9. 10. 11. These and all features of the software must be password controlled with access levels assigned by City of Delray Beach designated System Administrator. The System Host/Desktop Management Software shall include the following features (Items 7 - 38): Allow user to select options at the end of a rate period to include; allow/not allow purchase of time exceeding the shift/rate maximum, allow/not allow purchase of time elapsed at the end of a rate/shift period, allow/not allow user to purchase time through a specified shift down time at no charge, allow/not allow purchase of time through a closed day at no charge. Allow the user to select the rate for each individual day and have the ability to designate a day closed, or "free parking" day. Allow user to configure a secondary daily rate structure to be activated by a specified day. Allow time to be purchased at a minimum of 15-minute blocks or by the minute. Include at least 6 rate tables for editing. y N y N y N y N y N y N 12. y N Include a minimum of 3 shifts per rate table. 13. 14. Rate tables that allow user to select from the following options; select the time of day that each individual shift will begin, set the maximum amount of money that will be accepted in a given shift, set the expire time of a given shift, allow the purchase of multiple days, allow multiple day purchases to be either 24 hours from purchase date or 24 hours from expired time of a shift, allow for a period of time during a shift that the system will shut down, able to set a per minute rate, able to select the number of 15 minute blocks per hour and the rate to be charged for the 15 minute blocks, and is able to automatically print a receipt. Allow rates to be edited by the hour. y N y N y N 15. Allow a minimum time purchase to be set. 16. y N Configure length of time the audible alarm will sound. 17. Set the start of a day. y N y N 18. Allows for an option to print/not print receipts. y N 19. Set a maximum number of tickets to be sold in a day. y N 20. Set the maximum amount of money that will be accepted. - 37- 21. Select what to do during a printer error. y N 22. Set/modify credit card parameters to include: Enable/not enable credit/debit cards, accept/not accept American Express, MasterCard and Visa, accept/not accept a credit card when off- line, set minimum/maximum credit amounts and set a default amount. y N 23. 24. Accommodate a minimum of 150 spaces per machine (if used in pay-by-space mode). y N Vary rates by stall range. y N 25. 26. Set an expiration window to show expired/going to expire stalls, on enforcement reports. y N Set an enforcement access code. y N y N 27. Set an inactivity time-out for the backlight/overhead light. y N 28. Modify the printed receipts. y N 29. Set an "out of service" phone number. 30. Preset charge for special rates. y N 31. 32. Does not allow for user manipulation of audit historical data without an audit trail of manipulation. y N Allow rates to be edited by the hour. y N Allow a minimum time purchase to be set. y N 33 34. 35. 36. 37. All remote programming must be allowed using standard communication protocol. y N Machines must have built-in diagnostic software that records dates and "time stamps" all operations events (unit failures, resets, low battery, etc) for reports to the command center. y N Upon cycling through the diagnostic mode, Machines shall be able to update the display status; display appropriate messages, and send diagnostic reports to the communication center. y N Self-diagnostic mode shall be interrupted if a higher priority task is queued (a customer at the unit paying for parking has the highest priority). Self-diagnostic results can optionally be sent to the communication center. y N -38- 38. 39. The system will report the status of each machine to a central server indicating status and alarm conditions (maintenance needs and out-of-order conditions). The communications system shall also provide real-time notification of collections, maintenance, alarms, revenues, and individual patron transactions to the City of Delray Beach. City of Delray Beach shall be able to modify rates and hours of operation via the communication software and upload this new configuration to individual meters or any combination of networked meters. y N y N The system communications software shall include the following features( Items 39 - 58): 40. 41. Be adequately secure for transmission of Credit Card data and password protected. Communications software includes the following options, dial modem, hang-up modem, and wait for call, receive/send audit commands and lot functions. y N y N 42. y N 43. 44. Accesses to vital communications areas are password protected. All system phone numbers are held in a phone directory for ease of accessing phone numbers. Has the ability to hang up the modem via the communications software. y N y N y N 45. Able to set software to await incoming calls from a remote site. 46. 47. 48. 49. 50. 51. Able to process all transactions, and backup, exception log, diagnostics. Records security information to include: - Door open/door closed, "Cash container in", "cash container out". Date, time and machine number is recorded with each entry. Maintain a log of all transactional events. The log information includes: Individual purchases, receipt numbers generated, power outages, system restarts. Communications software is able to receive processor configuration tables. Communications software is able to set and send configuration tables and diagnostic levels. Communications software is able to send a bad credit card file to update credit/debit cards that are to be rejected. - 39- y N y N y N y N y N y N 52. Communications software is able to set the date and time. y N Communications software is able to add time to a selected stall. y N 53. 54. Communications software is able to check the status of a selected stall. y N 55. 56. 57. 58. 59. Communications software is able to view network status and indicate which terminals are currently on-line or off-line. y N Communications software is able to remotely monitor the following areas: status, cash box, audit, power, and version. y N Communications software is able to view the current audit totals and current grand totals to include: cash, credit, cash card and overpayment. y N Communications software is able to view the current status of the following items: a. Coin Acceptor: "enabled"/"disabled" and "jammed"/"not jammed" b. Card Reader: "present"/:"not present" c. Cash Container: "installed"/"not installed" d. Door: "open"/"c1osed" e. Lock: "open"/"closed" f. Power status g. Alarms y N Communications software is able to alert users to alarms via beeper. y N S. PRICE LIST/COMPONENTS 1. Respondents shall provide to the City of Delray Beach a schedule of individual component pricing, including a pricing discount on all maintenance and repair materials, parts and supplies, and a residual value on modular components returned for repair or remanufacture. This pricing is for additional components for future repairs, etc.- not components required for initial product offered, and is to be submitted for informational purposes only - will not be factored into award criteria cost considerations. 2. Machines shall have internal components designed as interchangeable modular parts. y N 3. Respondents shall explain what tools, if any, are needed to replace modular components. -40- 4. All replacement components shall be readily available from a local distributor. In the event that the local distributor is temporarily out of any component, additional components shall be available within twenty-four (24) hours. y N T. MAINTENANCE 1. 2. Machines shall be constructed so that individual components can be easily removed and sub-assemblies be changed without major dismantling. y N Respondent should provide training on the procedures of changing and replacing sub-assemblies. y N 3. Describe procedures of changing and replacing of sub-assemblies. Training that your company will provide at no additional charge: 4. 5. Modules shall be replaced with minimum use of tools. y N Respondent shall provide full training of software application and usage to City of Delray Beach maintenance/administrative staff. y N Sa. Describe software application and usage training that your company will provide at no additional charge: u. DELIVERY AND INSTALLATION 1. 2. Delivery shall be made to the designated address within sixty (60) calendar days following execution of the contract. y N Installation shall be completed by the successful Respondent within fifteen (15) days following delivery of the units or as specified by the City of Delray Beach Parking Services and shall be closely coordinated with City of Delray Beach. y N 3. Respondents shall include a description of any pre-installation and/or installation work to be completed by City of Delray Beach. 4. Packaging and shipment shall be the responsibility of the manufacturer. y N - 41 - 5. 6. In the event that the delivery and/or installation of units are not completed according to City of Delray Beach specifications - and agreed upon schedule, City of Delray Beach will impose liquidated damages in the amount of Five Hundred dollars ($500) per unit per day. These charges are intended to act as an incentive for the Contractor to perform in full compliance with the specifications. Acknowledgment and agreement is given by both parties that the amount herein above set is not intended to be, nor shall be deemed to be, in the nature of a penalty. y N Proposals shall include freight and be FOB destination. y N v. SYSTEM IMPLEMENT A TlON 1. The system shall include all hardware and software required for communicating with, programming or monitoring any of the supplied units. It is the Respondent's responsibility to incorporate all of the above and to establish the communications between the units and the communications center. y N 2. The wireless two-way communication system may be provided directly by the vendor or in partnership with a wireless system vendor. Respondents shall explain how the entire system will be deployed and who is responsible for maintaining the various components. w. TRAINING 1. The successful Respondent shall provide, at no additional charge, a minimum of eighty (80) hours of training at a designated City of Delray Beach Facility(ies) for each City designated employee to develop expertise in the maintenance, repair and use of their product, including, but not limited to: 1. Installation 2. Maintenance 3. Troubleshooting repairs 4. Operations - programming, inventory 5. Collections y N -42- 2. Respondents shall provide a thorough outline of the training content and provide a training schedule for both software and hardware. The schedule shall include periodic refresher training (continuing education) including, but not limited to, emphasis on particular areas of the City of Delray Beach choice and upgrades of software and/or hardware. All operating manuals that support installation, maintenance and user information complete with wiring diagrams and specifications shall be in English. This must be provided at no additional charge. X.WARRANTY 1. Respondents must guarantee, for a period of two (2) years from the date of installation, to repair and/or replace any part or modular component determined to be defective in material or workmanship under normal use and service at no additional cost to the City of Delray Beach. Respondents shall also provide the City of Delray Beach, free of charge, with any new software releases for a period of two (2) years. y N Y. VARIANCES TO TECHNICAL SPECIFICATIONS LISTED ABOVE Items not included in your proposal - Discuss / explain any requirements of the RFP that are not included in your proposal. - All items that were responded to by circling N MUST BE explained here (To be indexed by page, section, and question number and submitted in the order listed) Other Standards Used: List in detail, any additional standards and/or practices that you consider worthy of consideration by the Evaluation Committee in evaluating your proposal.- Indicate any additional features that your product has that may not be indicated above, or any additional enhancements to requirements we may have listed above (To be indexed and submitted in the order listed). END OF SECTION - 43- MEMORANDUM SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER W1 AGENDA ITEM # ~:r:. - REGULAR MEETING OF MARCH 6. 2006 THIRD AMENDMENT TO CONTRACT FOR SALE AND PURCHASE/AUBURN TRACE TO: FROM: DATE: MARCH 3, 2006 This is before Commission to approve the Third Amendment to the Contract for Sale and Purchase between the City and Auburn Trace, LID. to extend the closing date to March 15, 2006 and to incorporate the Cooperation Agreement. Staff is awaiting new documents for this item. Details are outlined in the attached memo from the City Attorney. New documents for this item will follow. s: \City Clerk\agenda memos \Auburn Trace 030606 [IT' DF DElRA' BEA[H ~ ",~~:~~--l t '\ I \ I I t CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE . DEL-RAY BEACH, FLORIDA 33444 TELEPHONE: 561!243-7InO' FACSIMILE: 561/278-4755 MEMORANDUM DELRAY BEACH F , 0 . , D A It.I.If.l&I:tI DATE: All-America City , , II J ' TO: @ FROM: January 30, 2006 City Commission Susan A. Ruby, City Attorney 1993 2001 SUBJECT: Auburn Trace Contract The City's contract with the owners of Auburn Trace required a closing by January 31st. Auburn Trace notified us that they were unable to close on that date due to their underwriter needing additional time to submit a refinancing package to the Florida Housing Finance Corp. (FHFC). The monthly meeting of the FHFC which will act on the refinancing request will occur in March. Per this Addendum No.3 to the contract, the owners will close by March 15, 2006 and cooperate on all issues related to the property. A meeting was held with School Board staff and South Florida Water Management, the City and the principals of Aubum Trace. At the meeting it was agreed that a joint application for a permit by all three parties would occur and the School District staff would accept an easement from Auburn Trace, the current owners, for drainage etc. in the meantime. Our office recommends approval of the addendum which allows for the extension until March 15, 2006 for the closing and incorporates the cooperation agreement. By copy of this memorandum to David Harden, please place this item on the February 7, 2006 City Commission agenda for approval. S~~ cc: David Harden, City Manager Chevelle Nubin, City Clerk Doug Smith, Assistant City Manager Richard Hasko, Director of Environmental Services Jill Skaggs, Assistant City Engineer Steve Rubin, Esq. oX: mvl [ITY DF DElRR' BER[H CITY ATTORNEY'S OFFICE ,IlIlI\W 1,[ AVFI\I'F' DELRAY REACH. FLORIf)A 33444 1"1 '_I.FPI JO\il~' )() I /2-l-.,-7()l)O . h\CSI!\1 [1.E: :'i61/nX-47S5 DELRAY BEACH ~ Ail-America City ~ , II J! DATE: Write(s Direct Line: 561/243-7091 MEMORANDUM March 3, 2006 1993 2001 FROM: City Commission David Harden, City Manager h - .....-....-....... ... Brian Shutt, Assistant City Attorney TO: SUBJECT: Hold Harmless Aqreement for Structures in Riqht-of-Wav The attached hold harmless agreement provides that the property owner may place a fence in the alley right of way as shown on Exhibit "A", provided that if the City ever requests the fence to be removed that the owner shall remove the fence. The agreement also provides that the fence shall be no closer than 5 feet to any public utilities that may be located in the alley, furthermore, the owner shall hold the City harmless for any claim or action that may be brought against the City as a result of the placement of the fence in the alley. Approximately 2 years ago the Commission approved an identical hold harmless agreement for the property located on the north side of this parcel. Planning and Zoning and the City Engineer have reviewed this request and have no objections. Our office requests that this item be placed on the March 6, 2006 City Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, City Clerk Doug Smith, Asst. City Manager Randal Krejcarek, City Engineer Nguyen Tran, Senior Planner ~c..J HOLD HARMLESS AGREEMENT FOR STRUCTURES WITHIN THE PUBLIC RIGHT-OF-WAY . HOLD HARMLESS AGREEMENT, is entered into this It day of THIS ~ ' 200.6 by and between the CITY OF DELRAY BEACH, a Florida municipal coqlOration Q"iereinafter referred to as "CITY") andS"""cJf!.L. ~ JlJttIftlrlfl If.. FCI~ JttIr:( CUR-1st",,,. H$tfll (hereinafter referred to as "OWNER(s)"). WITNES SETH: WHEREAS, OWNER owns property described and shown on Exhibit "A", and has SIWl.,.) ScTf. requested the CITY to allow for the installation of W~ FeatCe. within the public right- of-way. The structure will extend ---16:,;[; ~ 7.!' A"~A~ U;to the public right-of-way and is more particularly described in Exhibit "A". 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. OWNER owns the property which is legally described as follows: See Exhibit "A" attached hereto. 3. That CITY maintains public utilities within the public right-of-way as shown on Exhibit "A". 4. OWNER shall construct the structure in the location as generally shown on Exhibit "An. However, in no event shall any portion of the structure be constructed any closer than five (5) feet in proximity to the CITY'S public utilities located in the public right-of-way. 5. OWNER, on behalf of himself/herself, his/her succc!:ssors, heirs, and assigns, acknowledge that the CITY shall assume no responsibility for the structure which is being placed within the public right-of-way. 6. OWNER, his/her successors, heirs, and assigns, in cohsideration of the mutual promises contained herein and other good and valuable consideration, agree to hold hannless the CITY, its agents, officers, employees and servants from any damage to the structure and other related improvements which will be placed within the public right-of-way. It is understood that arty cost for replacement of the structure and other related improvements shall be OWNER'S, his/her successors, heirs and assigns responsibility and CITY will not be held liable for any damage as a part of any maintenance or construction within the said public right-of-way. OWNER, his/her successors, heirs, and assigns, in consideration of the mutual promises contained herein and other good and valuable consideration, agree to defend, indemnify and hold harmless the CITY, its agents, officers, employees and servants from any claim, lawsuit or action brought against the CITY as a result of the structure being placed within the public right-of-way. 7. The CITY or its agent, contractor or representative shall be allowed to access the enclosed portion, if any, of the public right-of-way at any time. 8. OWNER shall remove the structure from the public right-of-way within twenty (20) days of receiving notice from the CITY requesting removal. If OWNER fails to temove the structure, the CITY may remove the structure and bill the OWNER for the cost of such removal. The CITY may request removal of the structure for any reason and in its sole discretion. 9. OWNER, his/her successors, heirs, and assigns, in consideration of the mutual promises contained herein and other good and valuable consideration, further agree to hold hannless, defend, or reimburse the CITY, for any damage that is caused to the CITY'S utilities 2 or public right-of-way as a result of the construction, maintenance or existence of the structure located in the public right-of-way. 10. The OWNER'S placement of the structure in the public right-of-way shall not in any way be construed as a constructive abandonment by the CITY. II. This agreement shall not be valid unless signed by the City's Mayor and City Clerk. 12. , This agreement constitutes the entire agreement between CITY and OWNER and may not be altered, amended, or modified except by an instrument in writing signed by the parties to the agreement with all the same formalities as this agreement. IN WITNESS WHEREOF, the parties hereto have entered ihto this agreement the day and year first written above. ATTEST: CITY OF DELRA Y BEACH, FLORIDA By: By: City Clerk Mayor Approved as to Form: By: City Attorney WITNESSES: dJ~ 1lJ~ Print Name:' nl'rs /~D~ PTInt Name:T {l €rvc.. C{ OWNER: ~ ~ ___~ 1(1r.'A~"L 4th f&-~F{kl.tk~ ~ ~~~e'-<- t..LUu, ~ . STATE OF 3 ACKNOWLEDGEMENT STATE OF NEW YORK COUNTY OF KINGS On the 1st day of March, 2006, beore me personally came Samuel L. Hagan, Jonathan A. Fuchs and Christina Hagan who acknowledged the foregoing instrument to me by signing it in my presence. Said persons are personally known to me. ~A~/U/ Notary Public, State of New York 8HANNON M. YAN WE'" NalIIy PubIIa, 81allt 01 New.... No. OtYA811Sl1ClO QuaIlIIecIIn KInge County CoIlllll'IIIon ...... AugIIIt Cl2.lIllOI . ~I ~:g.. ~ ~}! t !-toll 0 IJ rl! ~'.~ ~ ~!I ~ co ~ ..11 ~ ~ !fi ~ ~ It . ~ i~' ~ ..i .~ ~ ~.'" ~ {1 .f . GI !tft .!Flirt ~s CI ~~~ . f" !~itn t~ J i", Q Il i~ t . \ j l{ ... III- ~a '>(a! ~ . ~~ j~~ ~,')~ 1- . !! 't....~. . "'''St..s/. ~ ("'I ,.. j t ~! ~~ . ... ~~ ,t . ill 1/ '\ . U ). IDf i. ::... . ~ l cS ;t:'S; ~..'" ~.." -" ~ I 0~~~~ 1\" ~ ,Ufn1UJI Ii ! I~ ! ~ - L",.~~..d;li U IE;. Z ~ H . . blt~lh. d! II :.1 p; ~!j~~i~~ I ~~ . J f f ~ I . . ! i' 411UUliUI II IIJIUldj t:Ei d !if ~ II ;; '''UIlI ~ .j", l "lu ; il' Ii j~ii~~~~U5 J ~lhUU 1=: Iii! IiI III Jilt tf ... I hi I' II Iii hi ... ~ oat .J '1 f , tell 51. illi iai~Un~~ .... !l!II. -...:"' . .-- . - .~ ! I..PT I '.'\ ~L 'f .' -:21 ~1tI . ,. ~~ ~t :J.J;~~ ~ i . -<- J.... ~ j ~i ; ~. '_~ . 1i'~ · It 1 .. . II'" "~ !~ ~ .~ :,l .c.:_ ~., J ".- ~t'.'\ f:,D.JO' '",\,11.' CM' 1':>1.02>' (p) . I.. _ :z "'J ~ - li } ;1 ~ -= . ,,~~~ =r)oo a. - 4r r 3v,\ e ....... 'LS" .a ~1. ...... _-." .:'o.~ CiIiIcdl 'I.~..... ~ ;. SI..... .. 1.')1 .. I..'-e.o 1 . --... CI'tf>.) .. .. .. . I 4cl.2.5o' (p) ,+&,1>'\' CM) LoT'!:> '. It ~. 3 ~l- i~ . J 2.......:... f a r l' ,. ;-~"i is. .. If' .; '& ,. :!oo .0 .............: . r~. i~ J /7 bll'1 .L.18'J H '^:;J ~ , , [ITY DF DElRRY BEA[H CITY ATTORNEY'S OFFICE _':)i) :.J\V hI .o\\'I-::,\I! !)I! y,\y BEACIL FLORIDA 33444 ;'fU'YIIOI'\L :'lId' ! 01.\( 'SIr'vlILE: 561C7H-4755 Writer's Direct line: 561/243-7090 DElRAY BEACH ~ AII.America City , III I! DATE: 1993 TO: 2001 MEMORANDUM March 3. 2006 Mayor and City Commissioners David T. Harden, City Manager Chevelle Nubin, City Clerk rtI7 FROM: Terrill Barton, Assistant City Attorney SUBJECT: Emeroency Joint Participation Aoreement Attached please find a Resolution #14-06 and an Agreement for Emergency Joint Participation between the City and FDOT. The attached agreement provides that FDOT will reimburse the City in an amount up to $287,440.59 for the City's satisfactory removal of debris and provision of police maintenance of traffic along roads classified by the Federal Highway Administration to be damaged by Hurricane Wilma so long as all work is completed by April 21, 2006. Please place this item on the City Commission agenda for March 6, 2006. Please contact me at 243-7090 if you have any questions. Thank you. TCB: smk Attachment ~K, Resolution 14-06 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY TO PARTICIPATE IN THE EMERGENCY JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State of Florida Department of Transportation (Department), is allocating funds toward the repair of county roads in accordance with the Executive Order 05-219 dated October 19, 2005 for Hurricane Wilma; and WHEREAS, the City shall provide debris removal and police maintenance of traffic along roads classified by the Federal Highway Administration to be damaged by Hurricane Wilma; and WHEREAS, the Department has agreed to pay the City an amount not to exceed Two Hundred Eighty Seven Thousand Four Hundred Forty Dollars and Fifty-Nine Cents ($287,440.59) for the City's satisfactory completion of all services on or before April 21, 2006; and WHEREAS, the City Commission of the City of Delray Beach, Florida desires to enter into the Agreement, hereby approves the Agreement, and authorizes the execution thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE OF DELRA Y BEACH, FLORIDA AS FOLLOWS: Section 1. forth herein. The recitals set forth above are hereby incorporated as if fully set Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Commission of the City of Delray Beach this day of March, 2006. MAYOR Attest: City Clerk JEB BUSH GOVERNOR , Florida Department of Transportation PROFESSIONAL AND OTHER CONTRACTUAL SERVlC~S - D1STRICf 4 3400 West Commercial Boulevard, Fort Lauderdale, Flonda 33309-3421 Telephone: (954) 777-4603 Fax: (954) 777-4602 March 1, 2006 DENVER J. STUTLER, JR. SECRETARY Ms. Yvonne Walton City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 i~~' I , RECEivEd MAR 0 2 2006 ACCOUNTS PAYAblE RE: Emergency Joint Participation Agreement FM# 420529-3-D8-03; 420529-3-LS-Ol Dear Ms. Walton: I am enclosing five (5) copies of the Emergency Joint Participation Agreement (JP A) for the above referenced project. Please DO NOT fill in the date of the contract(s). The date of the contract shall be completed by our staff upon execution by the Department of Transportation's Director of Transportation Support. A fully executed copy of both agreements will then be forwarded to you for your files. In addition to returning the five signed original agreements, please forward: . Two (2) original and three (3) certified copies of the Commission resolution that authorizes the execution of the JPA. If it is not possible to obtain the resolutions, please forward: · Five (5) certified copies of the minutes of the Commission meeting at which this agreement was approved for execution. Should you have any questions, please contact me at 954-777-2285. Sdr~ ~(f. Leos A. Kennedy, Jr. Professional Services Unit Enclosure: Copy: JP A Agreement William Wang- FDOT Project Manager File www.dot.stateJl.us * RECYCLED PAPER Contract No.: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION EMERGENCY JOINT PARTICIPATION AGREEMENT THIS AGREEMENT, entered into this day of 200_, by and bellNeentheState of Florida Department of Transportation hereinafter called the DEPARTMENT, and CITY OF DELRAY BEACH, located at 100 N.W. 1st AVENUE, DELRA Y BEACH, FLORIDA 33444, hereinafter called the CITY. WITNESSETH WHEREAS, the DEPARTMENT and the CITY are desirous of having the CITY provide debris removal and police Maintenance of Traffic (MOT) along Federal Highway Administration (FHWA) functionally classified road(s) damaged by Hurricane Wilma, as necessary. These hurricane emergency relief efforts are located within Palm Beach County and are hereinafter referred to as the Project. Refer to Exhibit "A" of this AGREEMENT for a detailed Scope of Services; and, WHEREAS, the DEPARTMENT is prepared to allocate funds towards the repair of county roads in accordance with the Executive Order 05-219, dated October 19, 2005 for Hurricane Wilma, under the Robert T. Stafford Disaster Emergency Act, to provide for the reimbursement of FHWA eligible costs for Financial Project Number(s):420529-3-D8-03; 420529-3-L8-01Iisted in Exhibit "B" annexed hereto and made a part hereof. All FHWA non-participating costs shall be borne by the CITY; and, WHEREAS, the repairs of these FHWA functionally classified Federal-aid road(s) damaged by the Hurricane Wilma are in the interest of both the DEPARTMENT and the CITY and it would be more practical, expeditious and economical for the CITY to perform such activities; and, WHEREAS, the CITY by Resolution No. adopted on ,200_,acopyofv.t1ich is attached hereto and made a part hereof, authorizes the proper officials to enter into this AGREEMENT NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the parties agree to the following: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. The CITY shall be responsible for assuring that the Project complies with all Federal Highway Administration (FHWA) and DEPARTMENT standards. 3. The DEPARTMENT agrees to reimburse the CITY only for eligible costs associated with hurricane emergency relief efforts & associated CEI services of the aforementioned improvements as stated in the FHWA Detailed Damage Inspection Reports, copies of which are attached hereto and made a part hereof as Exhibit "B". All other costs are to be borne by the CITY. For satisfactory completion of all services on or before April 21 , 2006, time being of the essence, and as described in the attached Detailed Damage Inspection Report (DDIR), the DEPARTMENT will pay the CITY funds received from FHWA a total amount not to exceed TWO HUNDRED EIGHTY SEVEN THOUSAND FOUR HUNDRED FORTY DOLLARS AND FIFTY NINE CENTS ($287,440.59). 4. The DEPARTMENT shall have ten (10) working days to approve any invoice submitted by the CITY. Travel expenses are not authorized in this agreement. The CITY shall submit invoices for fees and Page 1 other compensation for services or expenses in detail sufficient for a proper per-audit and post-audit thereof. Invoice(s) shall be submitted to State DEPARTMENT of Transportation at 3400 W. Commercial Boulevard; Ft. Lauderdale, FL 33309; Attn:William Wang The CITY shall comply with the Federal and State Audit provisions set forth in Exhibit "0" which is attached hereto and made part of this Agreement. 5. The Agreement and any interest herein shall not be assigned, transferred or otherwise encumbered by the CITY under any circumstances without the prior written consent of the DEPARTMENT. However this Agreement shall run to the DEPARTMENT and its successors. 6. This Agreement shall continue in effect and be binding to both the CITY and the DEPARTMENT until June 30, 2007. All invoices and supporting documentation must be received by this date. 7. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contracts which by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during the fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of $25,000 and which have a term for a period of more than one (1) year. 8. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement for five years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred include the Contractor's general accounting records and the project records, together with supporting documents and records of the Contractor and all subcontractors performing work on the project, and all records of the Contractor and subcontractors considered necessary by the DEPARTMENT for the proper audit of costs. 9. The DEPARTMENT may cancel this Agreement for refusal of the CITY to allow public access to all documents, papers, letters, of other material subject to the provisions of Chapter 119 of the Florida Statutes, made or reviewed by the CITY in conjunction with this Agreement and shall make provisions in its Agreements with its consultants and sub-consultants to terminate for failure to comply with this provisions. 10. The CITY warrants that it has not employed or obtained any company or person, other than bona fide employees of the CITY, to solicit or secure this Agreement, and it has not paid or agreed to pay any company, corporation, individual or firm, other than a bona fide employee employed by the CITY. For breach or violation of this provision, the DEPARTMENT shall have the right to terminate the Agreement without liability. 11. To the extent allowed by the Laws of Florida, the CITY hereby agrees to indemnify, defend, save, and hold harmless the DEPARTMENTfrom all claims, demands liabilities, and suits of any nature arising out of, because of, or due to any negligent or international act and/or occurrence, omission, or commission ofthe CITY, its consultants, contractors, subcontractors, agents, and/or employees. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENTfor its own negligence. 12. The Agreement is governed by and construed in accordance with the laws of the State of Florida. Page 2 13. Section 215.422(5), Florida Statutes, request the DEPARTMENTto include a statement of vendor rights in the Agreement. The CITY is hereby advised of the following time frames. Upon receipt, the DEPARTMENT has ten (10) days to inspect the goods and services provided by the CITY. The DEPARTMENT has twenty (20) days to deliver a request for payment to the DEPARTMENT of Financial Services. The twenty days are measured from the latter of the date the invoice is received or the goods and services are received, inspected and approved by theDEPARTMENT. If payment is not available with forty (40) days a separate interest penalty at a rate as established pursuant to Section 215.422 (3) (b), Florida Statutes, will be due and payable, in addition to the invoice amount, to the CITY. Interest payments of less than one (1) dollar will not be enforced unless the CITY requests payment. Invoices which have been retumed to the CITY because of invoice preparations errors will result in delay in the payment. The invoice payment requirements do no start until a properly completed invoice is provided theDEPARTMENT. Vendor Ombudsman has been established with the Department of Financial Services. The duties of this individual include acting as an advocate for the CITY in the event that the CITY may be experiencing problems in obtaining timely payment(s) from the DEPARTMENT. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the Department of Financial Services Hotline 1-800-848-3792. 17. This document incorporates and includes all prior negotiations, correspondence, conversations, Agreements, or understanding applicable to the matters contained herein, and the parties agree that there are no commitments, Agreements or understanding concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or Agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in written document executed with the same formality and of equal dignity herewith. 18. The DEPARTMENT agrees to pay the CITY for the services herein described at compensation as detailed in this Agreement. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Department of Financial Services 215.422 (14), Florida Statute, or by the Department's Comptroller under section 334.044(29), Florida Statutes. 19. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases orreal property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or a consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 20. The DEPARTMENT'S obligation to pay is contingent upon an annual appropriation by the Florida Legislature. 21. The DEPARTMENT will consider the employment by any contractor of unauthorized aliens a violation of Section 274Age) of the Immigration and nationality Act. If the participant knowingly employees unauthorized aliens, such violation shall be cause for unilateral cancellations of this agreement. 22. Any or all notices (except invoices) given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be sent to the following address: Page 3 If to the DEPARTMENT: Florida Department of Transportation - District Four 3400 West Commercial Blvd. Fort Lauderdale, Florida 33309-3421 Attn: Leos A, Kennedy, Jr. With a copy to: William Wang A second copy to: District General Counsel If to the CITY: City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 With a copy to: Yvonne Walker Asst. Director of Public Works With a second copy to: Attorney *** IN WITNESS WHEREOF, this Agreement is to be executed by the parties below for the purposes specified herein. Authorization has been given to enter into and execute this Agreement by Resolution No. , hereto attached. CITY OF DELRAY BEACH STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: NAME: TITLE: BY: ROSIEL YN QUIROZ DIRECTOR OF TRANSPORTATION SUPPORT ATTEST: APPROVED: (AS TO FORM) CITY CLERK (SEAL) BY: DISTRICT GENERAL COUNSEL APPROVED: APPROVED: BY: CITY ATTORNEY BY: PROFESSIONAL SERVICES ADMINISTRATOR Page 4 EXHIBIT A SCOPE OF SERVICES " As a result of Hurricane Wilma, the CITY will perform "Emergency" work described in the signed Detailed Damage Inspection Reports (DDIR's) listed in Exhibit "B" to restore Federal Aid Roads damaged during Hurricane Wilma. The DEPARTMENT will seek the maximum amount of FHWA funding available for reimbursement to the CITY. The CITY will be responsible for verification of eligibility and costs and will submit the supporting documentation directly to the DEPARTMENTfor review and approval. All work is subject to meeting eligibility criteria. It is the responsibility of the agency performing the work to provide the documentation necessary to justify the eligibility of items of work and the actual costs incurred for the emergency work described in the DDIR's. Each agency will submit with each invoice and supporting documentation package certification of work completed and costs incurred. Exhibit "C" of this agreement will be used as the certification document. This document must be filled out completely and notarized. 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N o .., w M do N '" o N ..,. >Xl C; M '" ;;; Exhibit C CERTIFICATION AS TO ACCURACY OF PAYMENT The undersigned , on behalf of and as a duly authorized representative of, ' (hereinafter referred to as the "Agency") hereby certifies, to the best of Agency's knowledge, information and belief, to the Florida Department of Transportation (hereinafter referred to as the "Department") as follows: 1. That the Invoice/Reimbursement Request package for Joint Participation Agreement Number , Financial Project Number(s) , (hereinafter referred to as the "Invoice") is in compliance with the Agreement, FHWA ER Manual or other acceptable plan as developed by the Agency: and 2. That the invoice is true and correct as determined by the Agency's reasonable and independent investigation, measurements and verification of work performed; and 3. That the Agency hereby recommends that the Department make payment based on the attached Invoice and supporting documentation; and 4. That the Agency hereby agrees to indemnify and hold the Florida Department of Transportation, its officers and employees harmless from all liabilities, damages, costs, and attorney fees incurred and paid as a resuit of the negligence, recklessness, or intentional wrongful misconduct of the Agency and persons employed or utilized by the Agency in the preparation and/or audit of the Invoice, supporting documentation, and execution of the work as outlined in the Scope of Services. The Department also reserves the right to recover from the Agency any increased costs, deiays or other damages to the Department due to errors and/or omissions under applicable Florida Statutes (334.044(2); 334.048.20.23(3)(a) and 337.015). 5. Monetary Amount Submitted A false statement or omission made in connection with this certification is sufficient cause for suspension, revocation or denial of payment, and may subject the person and/or entity making false statement to any or all civil and criminal penalties available pursuant to applicable Federal and State Law. State of Florida County of Sworn to and subscribed before me this _ day of , by (Print name of the person signing the Certification) Notary Public Authorized Agency Official Commission Expires Personally Known _OR Produced Identification_ By Type of Identification Produced Title EXHIBIT "0" FEDERALLY FUNDED CONTRACTS The administration of resources awarded by the Department to CITY OF DELRAY BEACH may be subject to audits and/or monitoring by the Department, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A- 133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to CITY OF DELRAY BEACH regarding such audit CITY OF DELRAY BEACH further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED Recipients of federal funds (i.e. state, local government, or non-profit organizations as defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. PART II: OTHER AUDIT REQUIREMENTS The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the FDOT, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. PART III: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation, 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Antonette P. Adams, Professional Services Administrator William Wang, Project Manager B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(l) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. In the event that a copy of the reporting package for an audit required by PART I of this agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: Florida Department of Transportation, 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Antonette P. Adams, Professional Services Administrator William Wang, Project Manager In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department at each of the following addresses: Florida Department of Transportation, 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Antonette P. Adams, Professional Services Administrator William Wang, Project Manager 3. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation, 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Antonette P. Adams, Professional Services Administrator William Wang, Project Manager B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: Florida Department of Transportation, 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Antonette P. Adams, Professional Services Administrator William Wang, Project Manager 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART IV: RECORD RETENTION 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department, or its designee, CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Program: (FEDERAL HIGHWAY ADMINISTRATION, HIGHWAY PLANNING Ei: CONSTRUCTION 20.205) - TWO HUNDRED EIGHTY SEVEN THOUSAND FOUR HUNDRED FORTY DOLLARS AND FIFTY NINE CENTS ($287,440.59) COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: If the resources awarded to the recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: List applicable compliance requirements as follows: 1. See attached Exhibit "A ", Scope of Services 2. a) Most projects are administered by or through State Transportation Departments or Federal agencies. b) Territorial highway projects are funded in the same manner as other Federal-aid highway projects, with territorial transportation agency functioning as the State Transportation Agency. Eligible activities and allowable costs will be determined in accordance with Title 23 and the OMB cost principles applicable to the recipient/sub- recipient. c) The Emergency Relief (ER) program is intended to aid State in repairing road facilities which have suffered widespread serious damage resulting from a natural disaster over a wide area or serious damage from a catastrophic failure. MEMORANDUM TO: FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ SUBJECT: AGENDA ITEM # ~L - REGULAR MEETING OF MARCH 6. 2006 REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: MARCH 3, 2006 Attached is the Report of Appealable Land Use Items for the period February 21, 2006 through March 3, 2006. It informs the Commission of the various land use actions taken by the designated boards that may be appealed by the City Commission. A notice of intent to appeal Item #4 regarding 711 North Swinton Avenue has been submitted by the property owner located at 701 North Swinton Avenue. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. S: \City Clerk\agcnda memos\apagmemo 030606 I!:""~"'~"--'~~ . ~_..;oys..' ....... '.~.. ". ..... .','.770".7. '... .."._ SUBJECT: DAVID ~~EN~ANAGER PAUL 60~L1NG, D1RVR OF PLANNING AND ZONING JASMIN ALLEN, PLANNER 1t<<JM] ~ MEETING OF MARCH 6, 2106 *CONSENT A GENDA * REPORT OF APPEALABLE LAND USE ITEMS FEBRUARY 21, 2006 THRU MARCH 3, 2006 TO: THRU: FROM: ~ . - . . ".... .. .~.,.* . .. ,::~;,' .,cE' ,'7',:'~':::,' .,' ,','~" "H~* .... .,", ~""'" ~y:::"- ?F '. .~. .C '..cc ~ ._"~,,' ~..~ Oc. ,/.. ....... The action requested of the City Commission is review of appealable actions which were made by various Boards during the period of February 21, 2006 through March 3, 2006~ -~ ,)di~~-.,..._:_~,.'.:_ ..,-..2.<..,:,,::..- ..'...._/-. .......1...;___.,-,....,. _..____."'.;c..,.::c~~c-._.__ "<.:~:.,;-__ .co 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 Board. The following items which were considered by the Board will be forwarded to the City Commission for action: . Recommended approval (7 to 0), of a conditional use request to allow a density in excess of 12 units per acre (12.4 units per acre proposed) within the RM (Medium Density Residential) district subject to Article 4.7 "Family Workforce Housing" for 14th Avenue Townhomes, located on the east side of SW 14th Avenue, between SW 1st Street and SW 2nd Street. . Recommended approyal (7 to 0), of a conditional use request to allow the utilization of lots for the parking and storage of vehicles within the MIC (Mixed Industrial and Commercial) district for Maroone Ford, located on the west side of Wallace Drive, between Georgia Street and Milfred Street. . Recommended approval (5 to 2, Nelson McDuffie and Johnny Kincaid dissenting) of a conditional use request to allow a free standing multiple family residential development as part of a mixed-use development in the General Commercial district known as Royal Palm Club at Delray Beach (fka Ralph Buick site), located at the northeast corner of Fladell's Way City Commission Documentation Appealable Items Meeting of March 6, 2006 Page 2 and South Federal Highway. Concurrently, the Board recommended denial of a waiver request to the provision requiring recreational facilities for older children. . Recommended denial (7 to 0), of the privately initiated amendments to the Land Deyelopment Regulations to Section 4.3.3 "Special Requirements for Specific Uses", Section 4.4.13 "Central Business (CBD) District", Section 4.6.9 "Off-Street Parking Regulations", Section 5.3.2 "Park Land Dedication" and Appendix A "Definitions", to allow and regulate resort condominium hotels. . Recommended approval (7 to 0), the City initiated amendments to the Land Development Regulations Article 4.7 "Family Workforce Housing" Section 4.4.6 "Medium Density Residential (RMl", Section 4.4.9 "General Commercial (GCl", Section 4.5 "Overlay and Environmental Management Districts" Section 4.3.4(J) "Height" Section 4.4.13(1) "Performance Standards" and Section 4.1.4 "Uses of Lots of Record" providing a requirement and incentives for the provision of workforce housing. . Recommended approval (7 to 0), of a combined preliminary/final plat associated with the development of a mixed-use project for Coda, located on the south side of SW 1st Street, between SW 1st Avenue and SW 2nd Avenue. ~. S - ,..., ,,:.' /,> ,... .. ~ .. .. .. .. .,'., .. '. .... .. c'.. .. "', .. .. ..;. ,.. ,:' .. .:. .. ' . .,<.~. "'''''~'''''''' ,...~. '.....,.,.........,..,',~.....,.' ...." ... ~'."""" ~." ,. ..m ,"m_ .4, ~.' .,..... ..~.,.,. .m'... "',. ..... ......., _,.". ..... "m... .... .. A. Approved with conditions (6 to 0, Andrew Youngross stepped down), a Class V site plan, landscape plan and architectural elevation plan associated with the construction of a 5-story mixed-use building that contains 3,952 square feet of retail floor area, 5,874 sq. ft. of office floor area and 47 dwelling units for 5th Avenue at Delray, located on the east side of NE 5th Avenue, between NE 1st Street and NE 2nd Street (131-185 NE 5TH Avenue). B. Approved (7 to 0), a Class I site plan and architectural plan associated with the installation of a new metal roof for Tropic Bay Condominium, located on the east side of Florida Boulevard, south of Dogwood Drive (2801 Florida Boulevard). C. Approved (6 to 0, Jose Aguila stepped down), a Class II site plan modification, landscape plan and architectural eleyation plan associated with parkin~ area and landscape improvements for Legac~ Bank, located on the west side of NE 5 Avenue, north of East Atlantic Avenue (50 NE 5 Avenue). D. Approved (6 to 0, Andrew Youngross stepped down), a Class II site plan modification and landscape plan associated with landscape improvements for Linton Towers, located at the southeast corner of Linton Boulevard and Dixie Highway (100 East Linton Boulevard). E. Approved with conditions (6 to 1, Jose Aguila dissenting), a Class V site plan associated with the construction of 36 townhomes, and a mixed-use building that contains 4 loft dwelling units and 19,448 sq. ft. of office for Coda, located on the south side of SW 1st Street, between SW 1 st Avenue and SW 2nd Avenue. The landscape plan was approved on a 7 to 0 vote and the architectural elevation plan was approved on a 6 to 1 vote (Roger Cope dissenting). Concurrently, the Board considered the following internal adjustments and waivers: . Approved (4 to 3, Andrew Youngross, Dan Carter and Roger Cope dissenting), the internal adjustment to reduce the townhouse offset from 4 feet to 1 foot. City Commission Documentation Appealable Items Meeting of March 6, 2006 Page 3 . Approved (7 to 0), the internal adjustment to reduce the building separation between 3-story townhouse buildings along SW. 1st Avenue units from 30' to 23'. . Approved (6 to 1, Andrew Youngross dissenting), the internal adjustment to reduce the standard aisle width from 24 feet to 20 feet. . Approved (7 to 0), the internal adjustment to reduce the required 24' wide by 6' maneuvering area at the southwest corner of the site to 20' by 6'. . Recommend approval (5 to 2 Roger Cope and Jose Aguila dissenting) to the City Commission waiving the requirement that 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. . Approyed (7 to 0), a waiver request allowing a reduction of the required 50' stacking distance to 33' . Approved (7 to 0), a waiver request allowing a reduction of the width of the terminal landscape islands between the town homes from 5' to 3'. F. Approyed with conditions (6 to 1, Dan Carter dissenting), a Class V site plan associated with the construction of a 10,712 sq. ft. office and warehouse building for Georgia Lime Commerce Center, located at the northwest corner of Georgia Street and Lime Lane. The landscape plan was approved on a 7 to 0 vote and the architectural elevation plan was approved on a 6 to 1 vote (Roger Cope dissenting). Concurrently, the Board approved (5 to 2, Dan Carter and Roger Cope dissenting) a request for a waiver to allow overhead doors to face an adjacent right-of-way (Georgia Street). G. Approved with conditions (7 to 0), a Class IV site plan modification, landscape plan and architectural elevation plan associated with the construction of a 20,392 sq. ft. auto sales building and a 49, 219 sq. ft. service center for Maroone Chrysler Jeep Dodge, located at the northwest corner of Linton Boulevard and SW 10th Avenue (1001 &1011 Linton Boulevard). Concurrently, the Board approved (7 to 0) a request for a waiver to partially eliminate the requirement for a six foot decorative masonry wall between the outside display areas and the adjacent residentially zoned properties (i.e. the section between the southern entrance drive south to Linton Boulevard). H. Approved with conditions (5 to 0, Jose Aguila and Andrew Youngross stepped down), a Class IV site plan, landscape plan and architectural elevation plan associated with the construction of a new 10,790 sq. ft. administration building with offices and conference rooms for the City of Delray Beach Environmental Services Department Administration Building, located on the west side of South Swinton Avenue, south of SW 4th Street (434 South Swinton Avenue). -== :;.': ~,~"..;"':'"'' ....:. i-, '_,:: .,..,-' ..,."'~-->"1_ .,...~_._-<...-, _.'.:~ ',c"O: , .... " ... ............ .....-.. ... 1. Approved with conditions (6 to 0, Randee Schatz absent), a request for a Class I site plan modification and a Certificate of Appropriateness associated with the installation of a cement City Commission Documentation Appealable Items Meeting of March 6, 2006 Page 4 parking area instead of the approved brick pavers for a proposed office located at 137 NW 1st Avenue. 2. Approved (5 to 1, Michelle Reich dissenting), a request for a Certificate of Appropriateness associated with a change in the roof material from flat asphalt shingle to architectural grade dimensional asphalt shingle for an existing duplex and detached garage/guest cottage located at 330 NE 1st Avenue. 3. Postponed (6 to 0), a request for a Certificate of Appropriateness and variance associated with the demolition of an existing structure and subsequent new construction of a single family residence and garage/guest cottage located at 527 North Swinton Avenue. 4. Approved with conditions (5 to 1, JoAnne Peart dissenting), a request for a Certificate of Appropriateness associated with the partial demolition of an existing structure and subsequent construction of a 3,475 sq. ft. two-story addition for a single family residence located at 711 North Swinton Avenue. A notice of intent to appeal this item has been submitted by the property owner located at 701 North Swinton Avenue. _if_____~-... .'........ ......, '. ,.PIl .. "'~' ,... ....~..,.... mi, ' . ". . . ... By motion, receive and file this report. Attached: Location Map CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - MARCH 6, 2006 I.AKE ROAD GULF STREAM BLVD. ~ <l ~ << << " " " '" ~l << IE " '" L " ~ '" " ~ . 0 ~ m . '" ~ ~ i3 ~ " 5 ~ " ~ " Ii! L.30 CANAL " ~ IDA BLVO. I . . ~ ,"' >- '" ;:! C- ~ r- , L" ~ '" " ~ ~ " ,. ~ LAKE /44 806 AVENUE s.w. 2ND ST, @ !if I it! . , , . , ,,_,,_,J" -, !\! .. -',-" -" ,-"-,,-,-,, ATLANnc ~ ! m S.W '!i '!i ~r "" .. < @ . .. ~ ~ -. '" ~ ~ C:l " " '" 10TH ST, " ~ ..... < "" ~ .. ~ .... " ..... "': ., L,-, LOWSON BOULEVARD >- '" 5 ii ~ ~ " '" " " " L-38 CANAL C-f5 CANAL ........ ~ LINTON BOULEVARD ~ ~ r~."l %G.e"".. I ~JO,,^, I I L......i ~ ,~ L"_,_,, ~o~o I .. ~ ~ ~ <l ~ i ~ ~ r ;'3 SPRAB A. 5TH A VENUE A T DELRA Y B. TROPIC BA Y CONDOS C. LEGACY BANK D. LINTON TOWERS E. CODA F. GEORGIA LIME COMMERCE CENTER G. MAROONE CHRYSLER, JEEP, DODGE H. CITY OF DELRA Y BEACH ESD BUILDING HPB 1.137 NW 1ST AVENUE 2.330 NE 1ST AVENUE 3. 527 N. SWINTON A VENUE 4.711 N. SWINTON AVENUE _,,_,._,,_ CITY LIMITS .,,_d_"_ ONE MILE GRAPHIC SCALE CITY OF DELRA Y BEACH, FL PLANNING & ZONING DEPARTMENT MARCH 2006 .. DIGITAL BASE IMP SYSTEM -- page I of I Harden, David From: LandryTennis@aol.com Sent: Friday, March 03, 2006 10:32 AM To: CityManager@MyDelrayBeach.com Subject: re: Appeal Dear Mr. Harden, I want to notify you that I will be submitting a letter of appeal for the Historic Preservation Board's decision from the March 1, 2006 meeting regarding the property located at 711 N. Swinton Avenue. My letter will be submitted on Monday, March 6,2006 in anticipation of the City Cimmissions meeting next week. Will the letter be addressed at that upcoming meeting? Will a date be set at that meeting for my appeal as well? Please contact me at 265-3215 for further discussion. Respectfully, Livia M. Landry 701 N. Swinton Avenue Delray Beach 3/3/2006 MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER tl;r/] AGENDA ITEM # ~ - REGULAR MEETING OF MARCH 6. 2006 AWARD OF BIDS AND CONTRACTS TO: SUBJECT: DATE: MARCH 3, 2006 This is before the City Commission to approve the award of the following bids: 1. Purchase award to Taylor Data Systems, Inc. in the amount of $26,074.95 for the purchase of five (5) additional in-vehicle Mobile Data Terminals with software and wireless service for the Fire-Rescue Department. Funding is available from 334-6111-522-64.11 (General Construction Fund/Computer Equipment). 2. Various bid awards in the amount of $625,555.00 via the Florida Sheriffs' Association Contract #04-12-0823 Rollover, State of Florida Contract #007- 001-05-1, GSA Contract GS-30F-1029D, and the Florida State D.O.T. Contract #FVPP-05-CA-5 for the replacement of City vehicles. Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive). 3. Contract award to Hardrives, Inc. in an amount not to exceed $60,000.00 for the excavation, hauling, and disposal of excess lime sludge from the sludge overflow lagoon at the Water Treatment Plant. Funding is available from 442-5178-536-46.90 (Water/Sewer Renewal & Replacement Fund/Other Repair & Maintenance). Recommend approval of the above bids and purchases. S:\City Clerk\agenda memo\Bid Memo 030606 [ITY DF DELRAY BEA[H FIRE.RESCUE DEPARTMENT SERVING DELRAY BEACH . GULF STREAM . HIGHLAND BEACH DELRAY BEACH ~ Ail-America City , lilt! 1993 MEMORANDUM 2()(B TO: David T. Harden, City Manager FROM: Kerry B. Koen, Fire Chief DATE: February 27, 2006 SUBJECT: Purchase of Additional Mobile Data Terminals We are recommending the purchase of five (5) additional Mobile Data Terminals to continue the installation process of these units in vehicles assigned to the Fire-Rescue Department. This phase of the installation process includes some of our reserve vehicles and one remaining first line pumper. Attached is an Agenda Request, and a price quotation for consideration by the City Commission on March 6, 2006. These units are identical to other units purchased last year and which are now in service. V~D.l Kerry B. Koen Fire Chief , CC: Batt. ChiefGiaccone Ms. Wickert Attachments: 2 FIRE,RESCUE DEPARTMENT HE,\DQUARTERS . 501 WEST ATLANTIC AVENUE. DELRAY BEACH, FLORIDA 33444-2555 'son 2~3.7400. FAX (561) 243-7461 ~ A t-finted on Recycled Paper 0 . v-+ ~eC\ 181 E Evans Street BTC-008 Florence, SC 29506 Phone: 843-656-2084 Fax: 843-656-2085 \ :;lU-..;,\..\ 'I \ ~. \ Delray Beach Fire Rescue Greg Giaccone 501 W. Atlantic Avenue Delray, FL 33444 Angela Branton 181 E Evans Street BTC-008 Florence, SC 29506 Phone: 843-656-2084 Fax: 843-656-2085 L ! Phone: 561-243-7414 I Fax: 561-243-7461 Giaccone@ci.delray-beach.fl.us ____ __________ _____m_________ ...._ ....I DescrlptlOIl Part II 5 X154-X02-Xp.00-l-N HH XtremeCentrino Color Touch ScreenTablet with All-Vis SVGA -01-D-N Indoor/Outdoor Display, 512 MB RAM, 40 GS HD Hammerhead Xtreme Centrino touch screen unit 1.1 GHz Mobile Intel Pentium Processor-M, Microsoft Windows XP Tablet PC operating system, stylus pen with tether, 10.4 n color display I chemically strengthened glass, aluminum housing with shock absorbing carry case, shock-mounted hard drive, Wi-Fi 802.11 alb/g, Bluetooth, one USB port, one Type III PCMCIA slot (accommodates 2 Type II PCMCIA cards), one Ethernet RJ45 port, one hot-swappable Li-Ion Battery (second battery is optional), one-year warranty. Dimensions: 1 O.62x8.25x1.56", designed to MIL-STD-81 OF and lP66 rating. Requires an AC power supply to charge batteries if a docking station is not ordered. 2 5 9800-17048-0000 Vehicle Docking System (USB) for mountng in vehicles. 3 5 9850-17039-0000 Universal AlC Power Supply; 11 0/220 v; Includes Straight Power Cord (for use in the U.S.) 4 5 0300-15663-0000 Long-lasting, memory-free LHon battery pack (3 cell) 5 5 0000-17007-0000 Compact Keyboard; USB Connector, PS/2 Adapter, Black Color (fits in WLKP0003.KBZ computer/keyboard case). 6 5 460317 -CS 802.11 aAl/g & CDMNGPRS Door, PROPOSAL - ... ... $4,324.50 $21,622,50 $538.20 $2,691.00 $44,15 $220.75 $114.32 $571,60 $95,00 $475.00 $98.82 $494,10 ,- SubTotal $26,074.95 Page 1 PRICES SUBJECT TO CHANGE - PRICES BASED UPON TOTAL PURCHASE - ALL DELIVERY, TRAINING OR CONSULTING SERVICES TO BE BILLED AT PUBLISHED RATES FOR EACH ACTIVITY INVOLVED - GENERALLY ALL HARDWARE COMPUTER COMPONENTS PROPOSED ABOVE ARE COVERED BY A LIMITED ONE YEAR WARRANTY, COVERING PARTS AND LABOR ON A DEPOT BASIS - WE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR WITH REGARD TO ANY LICENSED PRODUCTS, WE SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, INTERRUPTION OF BUSINESS, NOR FOR INCIDENTIAL OR CONSEQUENTIAL MERCHANTABILITY OR FITNESS OF PURPOSE, DAMAGES RELATED TO THIS AGREEEMENT, Page 2 Date: February 27, 2006 AGENDA ITEM NUMBER: ~ M.1., AGENDA REOUEST Request to be placed on: X Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda When: March 6. 2006 Description of agenda item (who, what, where, how much): Approval to purchase five (5) additional in-vehicle Mobile Data Terminals with software and wireless service from Taylor Data Systems, Inc. The funding requested for this portion of the project is $26.074.95 with funding from account #334-6111~-64-11. 6z2- Recommendation: Approve purchase of Mobile Data Terminals. Department Head Signature: _1{ Q...... . ,1'':>. I.... City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: ~o Initials: [1;.-<- '33t.f-~11/ - S'ZZ L-(I- /1 Account Number Description fliJl11 flukr lij3t.1../fJ 17"V-;?C7- Account Balance: $. 3 <;-/ j 6 -0 Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda~ No Initials: (111 Hold Until: Agenda Coordinator Review: Received: DI; P1 MEMORANDUM TO: David T. Harden, City Manager FROM: Douglas E. Smith, Assistant City Manage~ DATE: March 6, 2006 SUBJECT: UPDATED INFORMATION CITY COMMISSION MEETING - March 6, 2006 Item # 8 (M) (2) - Vehicle purchases Item number 8 (M) (2) on the City Commission agenda for March 6, 2006 includes the purchase of a Toro Groundmaster 3280-D Lawnmower. Hector Turf Company is listed as the vendor for this purchase on Attachment "D" of the agenda backup for this item. Hector Turf will provide shipment and service for this purchase, but the purchase order will be issued to W esco Turf Supply, Inc. A corrected Attachment "D" is attached reflecting the vendor change to Wesco Turf Supply. Staff requests that this corrected Attachment "D" replace the previous Attachment "D" in the agenda backup for this item. c: Richard Hasko Kevin Rumell ~~~~~~~ ~ C{,..~.~ - J !"N en .....I~ V V,O) co o '<tIN N O)i..,. C") O 0..1n ..... CO, ~ . ., - - -,,....C\l 1"--..... v'o;t,OC") CO..... V CO CO,........ - o ~ N <0 '" ,f.i ;;; 101 0: (J....Mooaco E;g~g~~~ CD r--:"';N0 r;.J"; ~:""C'\IN NNN ,,' , l: :::; :s :~ ~ "";"" ~il~ ~ ~:~ Qd~ "1 "1 C? ,.I"t .io':J: g 8:g:: VI "';,. "'f <':'1"1 l' S%ooooo COT""I'-f'--I"--I"--I'-- _1.000000 Ul 1'- '" '" 1l ~ ~:5 E jg Q).l:::! lI) 0 c,... CO.l:::i ~8';' ,..>Q)-~ c 9 r!! i &b Q) .s ..... "ffiiEoE.e8 oglS>--5cn6 '0 o..caLL. ~ ClII"- ~ec.. <(:go oa.~ ~ ,.. :'Q.' ... = U)"E"E "E"E ~Lf.f:"ELf.f O~ ',1- ~i.:g ,9 :S!!:2 '0 Q): Q)..... Q)'Q)i "C I u c:::,e:::: c: O:::'O::i C III c: c:.s c: c: ~~88~88 I <0 o o N M o ~ '" ::;: '" '" I]!! I ~ ~, .~, I~: ,-' , '."'''N,g N'" ...J X X"~ x x o vv .!:v"" 0' >>,E>> C co ::J ::>:'0 ::J => .e,pj (/)!cni~ Cl)1U) _,... ,: I ~ . " Q. Q) I- I- C'lI I- 1-' '5"gl ~ x!.~ ><! >i WEsg:Qg,!5 & eIl::::I'::::>:::::.. C -g,:.o:s C:,:S:C CD::I Q) Q) 3: II) Q) 13 e ~~e~~ :C{!)WWt);WUJ CD 2-e"E "EI"E "E >~~~ ~'tf ~ ~ :t'~ ~ ~:~ :~ngl ZG) 000,000 NNNNNN =It: /'-.~o>lo l.O!C) G)l.O..........NNN :5 i oj< 2M MEMORANDUM TO: CAROLANNE KUCMEROWSKI, AGENDA COORDINATOR FROM: KEVIN RUMELL, FLEET MAINTENANCE SUPERINTENDENT THROUGH: RICHARD C. HASKO, P.E., ESD DIRECTOR SUBJECT: VEHICLES FOR REPLACEMENT DATE: MARCH 03, 2006 Carolanne, This is a list of vehicles approved by Mr. Harden to be placed on the consent agenda for City Commission meeting on Monday, March 6, 2006, for replacement. These vehicles are being replaced due to age, condition, mileage, and life-to-date maintenance costs. Funding is available from the city garage capital replacement account # 501-3312-591-64.20 Please note that the vehicle replacement list gives a complete description of the vehicles being replaced. Attachment "A" outlines vehicles being purchased under the Florida Sheriffs Contract 04-12-0823 rollover. Attachment "B" outlines vehicles being purchased under the GSA Contract GS-30F-1029D. Attachment "c" outlines vehicles being purchased under the Florida D.G.T. Contract FVPP-05-CA-5. Attachment "D" outlines vehicles being purchased under the Florida State Contract 007-001-05-1. Vendor Contacts: American-Lincoln - Ken Sellers (513) 850-3111 / Fax (877) 877-2586 Classic Chevrolet - Peter Popiel (407) 298-1535 / Fax (407) 298-6170 Don Reid Ford - Eric Jore (407) 644-8111 / Fax (407) 647-4779 Duval Ford - Nelson Eason (904) 381-6525 / Fax (904) 387-6816 Garber Ford - Dan Devries (904) 264-4502 / Fax (904) 284-8717 Getaway Marketing, Inc. - Bill Gould (941) 747-5486 / Fax (941) 786-8834 Hector Turf Company- Chris Fordney (954) 429-3200 / Fax (954) 360-7657 Milton Ford - Joe Windrow (800) 525-2234/ Fax (850) 626-9591 8'M.;L '" C ~ ::J C n ~ :l 8 'e,s8 ~ arab 'Q)O:::o ,,~>- o~u.. ",'ii 0> "C ~ o o 0. e 0. ~ '" ro 0. j c ~ E " ro 0. ~ " 8<0 Co roo ffiN eM orno ~~ ~ ro ~::; .. ,.. 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'? .go's ~'~;.t1l ~'~ ts~xx~x>< fI) E c: C t5 c c: CD 1Il:.!:!.2:> .2.Q Q -g'.:g'=g C:''5,=g .!!::I 8.8.3: 8.8. uexx2xx .- ",w LUll) LU LU i'E(e -e'-e"E"E > {!.~&tfLfLf' ~ ~~~,:g:g:g 00'0000 ~iN NN N N'N I =1:1: !'--cnOL{)(]) CI,) L{)'.........NNN C i :J I I 'N <0 '" N '" :Z; ~ .. ,I- ; <0 0 0 N M 0 ~ ~ ::; , , City Of Delray Beach Department of Environmental Services M E M o R A N D u M www.mydelraybeach.com TO: David Harden, City Manager FROM: Rafael Ballestero, Deputy Director for Construction fP/ SUBJECT: EXCAVATION OF SLUDGE OVERFLOW LAGOON Water Treatment Plant DATE: MARCH 2, 2006 Attached is an Agenda Request and supporting documentation for the City Commission to approve a Purchase Order to Hardrives, Inc., for time and materials based on hourly equipment rental rates not to exceed $60,000.00. The proposed work is for the excavation, hauling and disposal of excess lime sludge material within the overflow lagoon at the Water Treatment Plant. Hardrives is a sole source option for this work, having the required equipment and manpower. Their quote is consistent with typical hourly rates for this type of work. Based on their quote and satisfactory performance with this same work during the past year, we are recommending award to Hardrives, Inc., in an amount not to exceed $60,000.00. Funding will be available from Account # 442-5178-536-46.90, Other Repair and Maintenance, after budget transfer. CC: Richard Hasko; Director of ESD John Bullard, WTP Manager Victor Majtenyi, Construction Manager City Cierk's Office Agenda File S:\EngAdmin\Construction Division\Ballestero\Agenda memo Sludge Pond Excavation 03.02.06.doc '6M3 STREETS. GRADING. ROCK & FILL. CONCRETE WORK RDRIVES, INC. PHONE 561-278-0456 FAX 561-278-2147 2101 SOUTH CONGRESS AVENUE DELRAY BEACH, FLORIDA 33445-7398 QUOTATION 7 FEBRUARY 2006 TO: CITY OF DELRA Y BEACH ATTENTION: RAFAELBALLESTERO LOCATION: SLUDGE PIT PLANS AND SPECIFICATIONS: AS DESCRIBED BELOW WE PROPOSE TO FURNISH ALL LABOR, MATERIAL AND EQUIPMENT TO PERFORM THE FOLLOWING: I-mobilization - Lump Sum $3,000.00 ISO.OO/HR 100.00HR 100.00HR SS.OO/HR 7S.oo/HR 1-2-'12 yard dragline w/operator and fuel I-dozer wide track I-loader, 950 or equivalent Trucking tandems Tractor trailers (plan 2 weeks plus 5,000 cy sludge to truck off. NOTES: 1. All field testing by others. 2. All permits and fees by others. 3. All maintenance oftraffic by others. 4. Invoicing upon completion and field measurement. 5. Hourly tickets signed daily. PRICES ARE GOOD FOR 30 DAYS. "THANK YOU' TITLE DATE HARDRIVES OF DELRA Y, INe. ~i~- cRKfG K. E MO , VI PRESIDENT ACCEPTED BY: HARDRIVES CANNOT GUARANTEE OR BE RESPONSIBLE FOR ROCK BASE WORK CONSTRUCTED BY OTHERS. P....r _......lIIld rut._ wID d.......up...... w.....- be held ....ponsIbIe oller.....pIedon on lido projeet. G......... weeds _....w tbroa&h up...... The eontroI .r_1o tile ....ponoIblUty .rlhe ......r. !'urdIuer'. sIped ~ wID ~. bbullna eo_ In the ev...........1o lIIlY delault In payments doe UIlder this contract an4 the sanae Is piKed In the hImlb of an attorney for roIIeetion, the purdulaer and/or purduleen hereby qrees to pay aD cost or eoDectlon., tnclud.ing a reasonable attuney'. ree. ( 1" .-JL " II I I II II II II ::: ::---.. 0 I I --...:: _ _ bL/ I --II o IW I I:J /2 ,W 1/> , /<( 112 110 Ill- Ig I /3: IICf) 1/ II I I ___________J' ----------------,1 S. W. 7TH STREET /' I I -~~Jllr~C~~DE-------------- -------------- ---S~-~T~-S~~~--------------- -, =~ rr=lli------------------- : : ~~-=u ~ ] I III I: II f= i I WIll -1 I ::JII L DU:: Zll WII P >1,' -~aal ~I I I II " II 1-- ~ 3: if) ~. ."-" CITY of DELRA Y BEACH ~ENTAL EEFMCe8 OEPARNENT ..1ICUfH..-.raN A.... taMy IaACH. P\..CJN)4.... CITY OF DELRAY BEACH WATER TREA1\4ENT PLANT SLUDGE OVERFLOW LAGOON 12/1./02 002-20 Agenda Item No. ~~.3 AGENDA REQUEST Date: March 2. 2006 Request to be placed on: --X--Regular Agenda _Special Agenda _Workshop Agenda When: March 6. 2006 Description of item (who, what, where, how much): Staff Requests Commission Approval of a Purchase Order to Hardrives, Inc., for the excavation, hauling and disposal of excess lime sludge from the sludge overflow lagoon at the water treatment plant. The amount of this purchase order is not to exceed $60,000.00. Funding is available from Account # 442- 5178-536-46.90, Other Repair and Maintenance. ORDINANCE/RESOLUTION REQUIRED: Not required. Department head signature: m n:s ~o Hardr' e ,I ., for the sludge pond excavation and hauling. <14~~ SloP ,. -'!. - b,L. Recommendation: Staff rec Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (rea on all items involving expenditure of funds): Funding available: ES/ (Matter budaet transfer Funding alternativ . PPlicabl~ see above Account No. & Descrimion t Z-~ ffi.-f/I';~{) Account Balance 4 7". f? ' . City Manager Review: ~.l., ~ Approved for agenda: ~"O tfl Hold Until: o-Jf1 r: VtiYJlr'l- f-laj(tJ - I Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S:\EngAdmin\Construction Division\Ballestero\Agenda Request Sludge Pond Excavation03.2.06.doc -1--kJs>iNiN NN N'tl~i" ~<Jmj~j~ W ~I~ m~'~)", ~ : ~ i ,~i;:;r; ~;:;I;';';li';I;i;,~I;i;:;I;'; ~ tl~'~ w ~ ~ ~~! , ! 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Barcinski, Assistant City Manager FROM: SUBJECT: Agenda Item City Commission Meeting March 6, 2006 Proposed Contract - National Indoor Football League Phantoms DATE: March S, 2006 Action: City Commission is requested to provide direction and authorize staff to finalize a contract with Image Sports Management, Inc. a member of the National Indoor Football League for use of the Tennis Stadium and other facilities including parking lots for the Palm Beach Phantoms. BackflTound: Mr. Dubin has had discussions and has begun negotiations with representatives of the NIFL Palm Beach Phantoms for use of our Tennis Center site and Stadium for their home games this season which starts in March. The NIFL originated in 2000 with eight (8) teams. Through various mergers there are now twenty-two (22) teams in the league. I have attached from their website the section on the history of the league. For more information go to www.niflfootball.com.Itis my understanding that this league is sanctioned by the NFL. The team name is the Palm Beach Phantoms and has been playing at the fairgrounds but would like to move to Delray Beach. It is also my understanding that the team has received a waiver from the league for the field size which would allow them to play in our stadium. The tentative proposed schedule for home games is as follows: Saturday, April 8th at 7:00 p.m. Saturday, April 15th at 7:00 p.m. Saturday, May 27th at 7:00 p.m. Saturday, June 3rd at 7:00 p.m. Saturday, June 17th at 7:00 p.m. Saturday, July 1st at 7:00 p.m. Saturday, July 8th at 7:00 p.m. Osceola Outlaws Lakeland Thunderbolts Fayetteville, NC Guard Charleston, SC Sand Sharks Greensboro, NC Revolution Katy, TX Copperheads Playoffs? ~{\ We are still trying to finalize one more home date. The original request included April 22nd which is the Delray Affair weekend and the alternate date of May 6th which is Cinco de Mayo Festival. The general parameters for the contract framework are as follows: City ResDonsibilities: 1. Provide site and facilities including parking facilities, Tennis Center and Stadium, Community Center (various rooms), ticket office, clubhouse, and parking lots 2. Provide on-site staff support and coordination (to be provided by lCD Sports Group) 3. Provide on-site electrician 4. Provide staff support for traffic control and security, EMS services, signage, barricading if needed, and site clean up 5. Provide assistance in developing security plan and coordinating with private security 6. Provide assistance in obtaining use of Library surface lot and the Courthouse Garage as well as make available other City parking lots 7. Be responsible for parking management Team ResDonsibilities: I. Overall management of games 2. Site set up to accommodate play 3. Marketing, promotions, and ticket sales 4. Equipment needed 5. Officials 6. Concessions 7. Sound systems 8. Payment of a rental fee, ticket fee and costs for Police and EMS Services and private security 9. Ushers 10. Stadium seating signage as needed Attached is a memorandum received from Mr. Dubin. Team officials are seeking a commitment to finalize a contract. League play begins in March and they need to begin their advertising and promotions. Team representatives will be present to make a presentation and answer any questions. RAB/tas File:u:sweeney/agenda Doc: Agenda Memo NIFL Indoor Football NFL Heads NIFL Officiating The NFL officiating department entered into a partnership with the National Indoor Football League (NIFL) for the 2005 season. The NFL officiating department is now involved in the recruiting, training and evaluation of the NIFL officials for 2005. As part of the new leadership change, Dan Blum. formerly the NIFL supervisor of officials was promoted to director of operations for the league. He will still be overseeing officiating as well as taking on additional football operations. All NIFL officials who officiated for the league had to reapply to be eligible to officiate in the 2005 season. Reprinted with written permission from Referee Magazine. NIFL-Flve Years Strong In 2001. 18 franchises spanning across the United States joined together to form the National Indoor Football League (NIFL). A mix of former teams from the now defunct Indoor Professional Football League (IPFL) and Indoor Football League (IFL) along with eight markets brand new to the indoor football ranks joined together with a vision to provide an alternative to other leagues. building upon providing inexpensive family entertainment and quality football action for their communities. The NIFL played their first game in league history on Wednesday. March 28. 2001 in Medford, Oregon at the Jackson County Expo Center as the visiting Yakima Shockwave defeated the Southern Oregon Heat, 27-21. The league played 16 weeks of regular season football, with eight teams entering post season play. The first league championship, dubbed Indoor Bowl I was captured by the Mississippi Fire Dogs after they defeated the Wyoming Cavalry 55- 21 in Biloxi at the Mississippi Coast Coliseum on August 4, 2001. The NIFL kicked off their second season on March 9, 2002 as the visiting Sioux Falls Storm defeated the Bismarck Roughriders, 48- 20. The league enjoyed 18 weeks of football in 2002. with four teams from the Pacific and four more from the Atlantic Conference advancing into the post season. Indoor Bowl II was a barn burner as the Billings Outlaws took on the Ohio Valley Greyhounds in Wheeling. WV on Saturday. August 3. 2002. The Greyhounds came away with the close win, defeating the Outlaws 55-52 at the Wheeling Civic Center to claim the 2002 NIFL Championship. In 2003, the NIFL expanded from 21 to 24 teams. The NIFL opened their third season of play on Friday, March 14,2003 as visiting Sioux City Bandits lost against the LaCrosse Night Train. 46-21 in Wisconsin. The season spanned 17 weeks of regular season action with eight teams advancing into the playoffs. Indoor Bowl III took place on Saturday. August 2, 2003 as the Utah Warriors traveled to Wheeling. WV to take on the Ohio Valley Greyhounds. The Greyhounds would go on to win their second consecutive NIFL Championship after defeating the Warriors. 45-37 at the Wheeling Civic Center. In 2004, the NIFL expanded from 24 teams to 26 teams. The NIFL opened their fourth season of play March 12,2004. with the Tupelo Fire Ants hosting the Houma Bayou Bucks winning 58-50 in Tupelo. The regular season spanned 17 weeks of action with 8 teams making it to the playoffs. Indoor Bowl IV took place on Saturday, August 7, 2004 as Sioux Falls hosted the Lexington Horseman. The Horsemen would control the game and go on to win the fourth indoor bowl 59- 38. The NIFL will kick off their fifth season of operation in 2005 with the following teams: Beaumont Drillers (Beaumont, TX) Billing Outlaws (Billings, MT) Cincinnati Marshals (Cincinnati. OH) Corpus Christi Hammerheads (Corpus Christi. TX) Daytona Beach Hawgs (Daytona. FL) Everett Hawks (Everett, WA) Fayetteville Guard (Fayetteville, NC) Kissimmee Kreatures (Kissimmee. FL) Lakeland Thunderbolts (Lakeland. FL) Lincoln Capitols (Lincoln, N E) Wyoming Cavalry (Casper. WY) Lubbock LoneStars (Lubbock. TX) Miami Morays (Miami, FL) Montgomery Maulers (Montgomery, AL) New Jersey Xtreme (Rutherford, NJ) Odessa Roughnecks (Odessa. TX) RiverCity Rage (St. Charles, MO) Rome Renegades (Rome, GA) San Angelo Stampede (San Angelo. TX) Southwest Louisiana Swashbucklers (Lake Charles, LA) Tri-Cities Fever (Kennewick, WA) CONTACT THE NIFL TEAM MAP TEAM DIRECTORY STANDINGS 2005 PLAYOFFS NIFL HISTORY NIFL STORE NIFL JOB VACANCIES LIVE CHAT ROOM a NIFL NEWSLETTER SIGN-UP (- 1<.: III f-~ I l() J \ll fJ . . TEAM DIRECTORY... D NFL PARTNERSHIP 2006 NIFL Official Application Form Page 1 Page 2 NFL Officiating Department Heads NIFL Officiating The NFL officiating department entered into a partnership with the National Indoor Football League (NIFL) for the 2005 season. The NFL officiating department is now involved in the recruiting, training and evaluation of the NIFL officials for 2005. As part of the new ieadership change, Dan Blum, formerly the NIFL supervisor of officials. was promoted to director of operations for the league. He will still be overseeing officiating as well as taking on additional football operations. All NIFL officials who officiated for the league had to reapply to be eligible to officiate In the 2005 season. Reprinted with written permission from Referee Magazine. Phantoms Sign Players With NFL Experience 03.02.06 Rapid City Bombshells Dance Team Set To Take Center Stage 03.03.06 ThunderBolts to Hold Scrimmage 03.03.06 Full Storv II Full Storv II Full Story II A Brief History of the NIFL .:1 The National Indoor Football League was created in October of 2000, when two fledging indoor football leagues, the IPFL and the IFL, combined with 8 new teams, The idea was to create a league with more similarities to the outdoor game, while providing inexpensive family entertainment and accessible quality football action for all the communities involved. The inaugural NIFL game was played on Wednesday March 28, 2001 in Medford, Oregon when the visiting Yakima Shockwave defeated the Southern Oregon Heat 27-21. In its inaugural season, the best record in the league was shared between the Mississippi Fire Dogs and the Rapid City Red Dogs at 13- I. The first league championship, dubbed the "Indoor Bowl", was played in Biloxi, Mississippi on August 4, 2001 with the Mississippi Fire Dogs defeating the Wyoming Cavalry 55-21. The NIFL continued to grow and clevelop by expanding from 18 teams in 2001 to 21 teams in 2002 . In its second year, the leagues regular season record was again shared by two teams, the Ohio Valley Greyhounds and the Lake Charles Landsharks, at 13-1. The "Indoor Bowl II" was played on August 3, 2002 in Wheeling, WV with the hometown Greyhounds defeating the Billings Outlaws in a bambumer, 55-52. 2003 saw more positive changes as the league expanded to 24 teams. There were now teams stretching as far east as Myrtle Beach, 5C and as far west as Salt Lake City, Utah. Attendance records were shattered as Lexington and Fort Wayne broke previous single-game records in their home openers. The Ohio Yalley Greyhounds again tore through the league by posting an unprecedented 14-0 regular season record. The Hounds completed the first-ever perfect season in league history, and continued their dominance into the post-season winning their 2nd Indoor Bowl by defeating the Utah Warriors 45-37. In 2004 the League continued its growth, reaching 26 teams. The League extended into the northeast with teams in Atlantic City & Staten Island. Attendance records were again broken, as the Fort Wayne Freedom set the single game record for attendance at 10,225, With one of the most potent offenses in the league, the Lexington Horsemen posted ten regular season victories, on their way to capturing the Indoor Bowl N. Heading into its fifth year, the NIFL merged with the Intense Football League, setting the total number of teams at 22. 2005 would produce two undefeated teams, Everett and Odessa, unfortunateiy neither would go on to make the Indoor Bowl. For the first time in league history a Pacific Conference team, the expansion Tri-Cities Fever, would capture the Indoor Bowl y, The Fever defeated another 2005 expansion team, the Rome Renegades by a score of 47-31. HOME II The NIFL and Its Member Teams are not affiliated, sponsored or associated with the Arena Football League or any of Its Member Teams. The National Indoor Football League Is licensed under patent 6045466. All rights reserved. From: Brahm Dubin ~~c ~4,.p ~ 1:; h ^, J <' ~~i~'" , 'F" I'vJ'-:' .<j'\;1 ~ ~"/> "';.."-' ., To: Bob Barcinski Date: March 3, 2006 Re: National Indoor Football League cc: Sharon Painter These points highlight the proposed agreement between the City of Delray Beach and Image Sports Management, Inc., in regard to the Delray Beach Tennis Stadium hosting Professional Football on our stadium court. 1, Contacting party: Image Sports Management, Inc., Owner, Mike Lind. 2. Team name: Palm Beach Phantoms. 3. Estimated nightly attendance 5-8 thousand. 4, Facilities needed: Times to be decided: 1. Stadium court. 2. Box office: day of game only. 3. Community Center: 1, Media room: Day of game only. 2. Referee room: Day of game only. 3. Both bathrooms: Day of game only. 4. Management office: Wednesday 9:00am to Sunday 5:00pm, 5. Locker rooms/Gym floor: Day of game only, 6. Pro-shop: Day of game only. 5. Setup/breakdown: 1 day needed. 6. Ticket prices will vary based on seating location, 7. No stadium modifications are needed. 8. Players per team 22. 9. Stadium flooring is provided by Image Sports Management, Inc. 10. Contract will include Coke and Ticketmaster provisions. 11, Image will pay the city per game: A. Rent: $12,500-$15,000. B. Facility fee per ticket: .50-$3,00 depending on the ticket price. C, Police and Fire City will Drovide: 1. Signage on site and off site: Estimated cost $500 2. On-site electrician: Estimated cost $250 3. Cleanup, prior, during, post, plus restroom supplies: Estimated cost $1000 4. Utilities: Estimated costs $500. 5. JCD Management personnel: Estimated cost $1500 6. Dumpster pickup: Estimated cost $250 Imaae will Drovide at its cost: 1. Event Manager 2. All personnel 3. Security 4. Ushers 12. City will manage all parking and be responsible for all income and expenses. 13. Image gets food, beverage and merchandise concessions. 14. Image pays for all telephone costs. 15. Image pays for covering any additional courts as required. 16. Multi year agreement will be negotiated. 17. If city is interested we can negotiate a sponsorship for the city, including Team name, i.e.: Delray Beach Phantoms for a yearly cost of approximately $20,000-$30,000. 18. Construction will include a clause referring to Stadium Court damage. 19. Home dates ~ April 6th Saturday at 7:00pm April 15th Saturday at 7:00pm May 2th Saturday at 7:00pm June 3rd Saturday at 7:00pm June 1 th Saturday at 7:00pm July 1st Saturday at 7:00rm Playoffs commence July 8t Makeup date for April 22nd - In process 20. The NISL is endorsed by the NFL. The Arena Football League in not endorsed by the NFL. 21. Local charity inyolvement-unknown as of today. 22. City will receive game tickets quantity unknown. Hoping this is to your satisfaction. We remain yours truly. PIUIIEICII .......... I- 2886 PlAya m, 11'. IA'. CIUlIE IITulaSEJ . H . ... c.&. ",1II1S . >> U5 ..~.- -- . ~ DB FM CIIEY IIIIIIEY .. li--l 115 Sf.....1... 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SII8r....... c.......1l1f 1..IItlnI...f.LJI....~ BHI W_ ........ c.1l'lIIItIr IlIIIUcbrS ..................111. lIIIIIf c...... ........1ICIIs ..... Bleil........ CIIIUII I!f4M jjJ!4 tJy / IJFk......'>!vE:' Llrvc;.; ~.. ,~.-A FROM: CI'l"l;'clijMMI$$IONii;l)QCliJMEN1'~TloN" #~t~D ,CITY MANAGE PAUL DORLlNG, ECTOR OF LANNI G AND ZONING JAMES G. CAIN, S NIOR PLANNE MEETING OF MARCH 6, 2006 OX ,.".,.....I-~~'A ^ "'. [7/V1 SUBJECT: TO: THRU: CONDITIONAL USE REQUEST TO ALLOW A NEW YACHT CLUB WITH FACILITIES (YACHT CLUB AT DELRAY BEACH), BY ALLOWING THE DEMOLITION AND RECONSTRUCTION OF THE CURRENT DELRAY BEACH YACHT CLUB LOCATED AT 110 MACFARLANE DRIVE PURSUANT TO LDR, SECTION 4.4.6(D)(9) AND LDR, SECTION 2.4.5{E)(5). BACKGROUNDJPROJECl DESCRIPTION . ."""""""1 ""'>:':,,;;:;;;; " The property contains the existing two-story 4,890 square foot yacht club with dining facility, pool, and outdoor snack bar. The yacht club was constructed in 1963 and has had several accessory building and parking additions since that time. The applicant is seeking a complete demolition of the existing Delray Beach Yacht Club and is proposing the construction of "The Yacht Club at Delray Beach", which will include a 3,610 square foot yacht clubhouse, and 44 boat slip docking spaces. The yacht club will contain a dock master's office, social hall. exercise room, men's and women's locker rooms/restrooms, sundeck & pool and will be part of a larger redevelopment of the site which will include twenty (20) 3 bedroom. 3 bath residential condominiums units in a 4-story building, 82 guests & resident parking spaces in a lower level parking garage and surface parking. The yacht club will be for use by the residents of the condominiums, their guests, and boat dock slip owners. While not required to purchase a boat slip, each condominium purchaser will be given an opportunity to purchase a boat slip with their unit. The remaining boat slips will be available to the publiC with a yacht club membership. The complete demolition of the existing yacht club and construction of a new facility requires a new conditional use approval in the RM (Medium Density Residential) Zoning District. Additional background and an analysis of the Conditional Use request are found in the attached Planning and Zoning Board staff report I PLANNING AND ZONING BOARl) cONSIDERATION' '. 'HI At its meeting of January 23, 2006, 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 of the Conditional Use to establish the yacht club. 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), 4.3.4 and Chapter 3 of the Land Development Regulations, subject to the 5 conditions of approval noted on page 8 of the attached Planning and Zoning staff report dated January 23, 2006. RECOMMeNDATION ;,"',''''''''''';'''''''''''''''' "',wO"'''''O,'o' " "j Approve the conditional use request to establish a yacht club use for the Yacht Club at Delray Beach. 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 Land Development Regulations, Section 2.4.5(E)(5), 4.3.4 and Chapter 3 subject to the conditions identified in the staff report of January 23, 2006. Attachment: Planning and Zoning Staff Report and Documentation of January 23, 2006 q8 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR OElRAY BEACH YACHT CLUB ORDER OF THE CITY COMMISSION OF THE CITY OF OELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on March 6, 2006. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for Delray Beach Yacht Club, LLC. 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. Future land Use MaD: The subject property has a Future Land Use Map designation of MD and is zoned RM which is consistent with the future land use map. b. Concurrency: Objective B-2 of the Land Use Element of the Comprehensive Plan requires a determination 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 needed capital improvements in 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 c. Consistency: Will the granting of the conditional use be consistent with and further the goals and policies of the Comprehensive Plan? Yes No II. LOR REQUIREMENTS: PLANNING AND ZONING BOARD CITY OF DELRA Y BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: January 23, 2005 III-D. Conditional use request to allow the demolition of and reconstruction for the Yacht Club at Delray Beach, located on the west side of MacFarlane Drive between Miramar Avenue & Ingraham Street, south of East Atlantic Avenue. A TLANnC PLAZA VETERANS PARK DELRA Y SUMMIT CONDO BARR TERRACE CONDO Owner......................... Delray Beach Yacht Club, LLC. AYENUE Agent......................... Weiner & Aronson, P.A. WA TERWA Y [AST COMMERCIAL CONDO Location.......................... 110 MacFarlane Drive Property Size.................. Future Land Use Map..... Current Zoning............... Adjacent Zoning....North: East: South: West: Existing Land Use.......... 3.29 acres >- <t S Q: UJ BAR HARBOUR CONDO < . MD (Medium Density Residential) f- RM (Medium Density Residential) <t S RM (Medium Density Residential) RM (Medium Density Residential) RM (Medium Density Residential) Intracoastal Waterway Yacht Club and Marina SEAGA T[ TO~RS --' Proposed Land Use........ Yacht Club & Marina, 20 residential condominiums units at 6.07 dwelling units per acre <t f- ~8E TE tE ~~i EB!D1tI7 "aA~U" LW1 J [II if:- UJ <t o U <t Q: Water Service................. Existing on site. Sewer Service................ Existing on site. f- 2 ITEM SeFORe TR'EBOARO'" . 1 ",." The item before the Board is that of making a recommendation to the City Commission on a request for conditional use approval to establish a new Yacht Club with Facilities (Yacht Club at Delray Beach), by allowing the demolition and reconstruction of the current Delray Beach Yacht Club Center located at 110 MacFarlane Drive pursuant to LDR, Section 4.4.6(D)(9) and LDR, Section 2.4.5(E)(5). The subject property is more specifically located on the west side of MacFarlane Drive, between Miramar Avenue & Ingraham Street, south of East Atlantic Avenue and is zoned Medium Density Residential (RM). BACKGROUNDJ PROJECT DESCRIPTION h,'';'i ".." I ;-." The property contains the existing two-story 4,890 square foot yacht club with dining facility, pool, and outdoor snack bar. The yacht club was constructed in 1963 and has had several accessory building and parking additions since that time. The applicant is seeking a complete demolition of the existing Delray Beach Yacht Club and proposes the "Yacht Club of Delray Beach", to consist of twenty (20) 3 bedroom, 3 bath residential condominiums units in a 4-story building. 85 guests & resident parking spaces (lower level parking garage and surface parking), a 3,610 square foot yacht clubhouse, and 44 boat slip docking spaces. The yacht club itself will contain a dock master's office, social hall, exercise room, men's and women's locker rooms/restrooms, sundeck & pool. The new yacht club building is to be of Caribbean style architecture with light blue and yellow smooth stucco finish with stucco reveals, grooved metal roof and parapets, white columns & doors. and decorative forest green aluminum Bahamian and louvered shutters. There will also be 42" high decorative aluminum forest green railings. The applicant intends the yacht club will be for use by the residents of the condominiums, their guests, and boat dock slip owners. The boat dock slips will be sold at the same time as the condominium units. While not required to purchase a boat slip, each condominium purchaser will be give an opportunity to also purchase a boat slip. The developer will "hold back" enough slips to ensure that there are slips available if the condominium owner wishes to purchase a slip. Overall the proposal is an 84,459 square foot building complex, 19,650 square feet of which will make up the ground floor. The building area will have 40% site coverage, 17.76% Parking, and 42.28% open space. The complete demolition and new construction of the proposed yacht club with condominiums requires a conditional use approval in the RM (Medium Density Residential) Zoning District. The applicant has also submitted a concurrent Class V site plan submittal for the project pending conditional use approval. The proposed conditional use is now before the Board for recommendation to the City Commission. r cONDmOiiIAL OSE:ANAiI;;"t!Sllr, . ,'"',,,,"',:::::,,,':::':::;.':':1:;;0;;;": ',,:>:n;:!> '''''':1 REQUIRED FINDINGS (Chapter Three): 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. Planning and Zoning Board Staff Report, January 23, 2006 Conditional Use Request-Yacht Club at Delray Beach 110 MacFarlane Drive 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 MD (Medium Density Residential) and a current zoning designation of RM (Medium Density Residential). The RM zoning is consistent and compatible with the MD FLUM designation as shown on the Future Land Use Map, and a "yacht club with facilities" is identified as a conditional use in the RM Zoning District. 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. Water and Sewer: Water service is accessible from an existing 8 inch water main along MacFarlane Drive. Sewer service is also provided by an 8 inch sewer line in the same location. The City's water utility levels of service are: o Average flow design of the water system @ 195 gpcd. (Gallons per capita per average day) o Storage capacity for the water system @ 15% of maximum flow plus fire reserve at 1.5 MG (Million Gallons), plus 25% of that total. (Based on 2000 figures, this amount is 6 MG.) o Minimum pressure for the water system @ 20 psi (Pounds per square inch). The level of service for the sewer system is based on the waste water treatment plant which is 12 mgd, (Million gallons daily) or 160 gpcd in addition to the specific requirements of Boynton Beach (capacity divided by effective buildout population of 75,000. (Source: 'The City of De/rav Beach Comorehensive P/an') Based upon the above, positive findings can be made with respect to these levels of service standard. Drainaae: There are some issues anticipated in accommodating on-site drainage based on the technical comments received from the City Engineering Department. Several details regarding drainage will need to be addressed at the time of site plan approval which include concerns with the subsurface elevation of the parking garage. Based upon the above, positive findings with respect to this level of service standard will be contingent on addressing all technical comments before site plan approval can be made. Streets and Traffic: A traffic statement/study has not yet been submitted. A letter and traffic statement/report will need to be submitted to Planning & Zoning and the Palm Beach County Engineering Department for review. A response must be received indicating that the proposed yacht club/condominium project meets the Traffic Performance Standards for concurrency subject to the project aggregation rules before a positive finding can be made with respect to 2 Planning and Zoning Board Staff Report, January 23, 2006 Conditional Use Request-Yacht Club at Delray Beach 110 MacFarlane Drive traffic concurrency. This approval from Palm Beach County is also attached as a condition of conditional use approval. Parks and Recreation Facilities: The proposed 20 residential units will not have a major impact with respect to the level of service standards for parks and recreation facilities. However, pursuant to LDR Section 5.3.2(C), whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, an impact fee of $500.00 per dwelling unit will be collected prior to issuance of building permits for each unit. This will require that an impact fee of $10.000.00 will be paid for this development. Solid Waste: Trash generated each year by the proposed 20 dwelling units is 10.4 tons and 21.3 tons for the 3,610 square foot yacht club. The combined total of the proposed yacht club/condominium project is 31.7 tons per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2024. Therefore, a positive finding with respect to this level of service standard can be made. Schools: The applicant has submitted a School Concurrency Application to the School District of Palm Beach County, which must approve the development proposal for compliance with the adopted Level of Service for School Concurrency. Verification from the Palm Beach County School District is pending and a written finding of approval from the School District is attached as a condition of approval. Thus, positive findings can be made with respect to concurrency contingent on all above stated conditions being met. 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. There are some concerns with the proposed elevation of the parking garage being 4 feet below ground level and the flooding issues that may be presented. The development will need to be redesigned in a way that negates these concerns. Pertaining to the land use, the development will be complimentary with the surrounding medium density residential developments and the yacht club will actually decrease in the size of the existing facility from 4,890 to 3,610 square feet. Future Land Use Obiective A-3: The deve/ooment of remainina vacant land shall orovide for the retention of ooen soace and natural resources. Open space in the redevelopment of the yacht club measures 42.28% and more than satisfies the minimum 25% open space requirement. 3 Planning and Zoning Board Staff Report, January 23, 2006 Conditional Use Request-Yacht Club at Delray Beach 110 MacFarlane Drive Future Land Use Objective B-2: Facilities and services which are provided by, or through, the City of Delray Beach shall be provided to new development concurrent with the issuance of a building permit. Approving the conditional use application would still require the development to receive Class V site plan approval and will require the developer to meet all technical conditions of approval before a building permit is issued. By meeting these technical items which are required by the City Engineering, Building, and Landscaping officials, the City will be better positioned to provide these facilities and services. Transportation Element Policv 0-1.1: All new development and redevelopment shall provide for the installation of sidewalks or otherwise accommodate pedestrian traffic so that a pedestrian does not have to use vehicular travel-ways to access common areas or neighboring properties. Sidewalks are a requirement along MacFarlane Drive, however, because of limited right-of-way, and encroachment issues with existing parking spaces and mature landscaping, this requirement was brought to the attention of the Development Services Management Group (DSMG) of the City of Delray Beach for a suggested resolution. It was directed that the applicant provide a more detailed survey showing the location and dimensions of MacFarlane Drive in relation to . The existing ficus hedge along the west side of MacFarlane. . The existing tree locations along the west side of MacFarlane. . The existing pavement location in relation to the hedge, along with the full pavement width measurement for MacFarlane. Sidewalk construction adjacent to curb/gutter may be an option depending upon the items shown above. If the physical dimensions & locations of the existing landscaping, pavement location and pavement width cannot be re-formed to achieve the desired/required sidewalk, then right-of-way dedication, landscape relocation, and redesign or relation of pavement will be required. 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 with two bike rack facilities within the proposed parking garage. Staff has required that one bike rack proposed at the far north side of the garage be re-Iocated outside near the boat docks to be more accessible to residents of the property. Subject to this condition being addressed, the development will comply with Transportation Element Policy D-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 infm projects having fewer than 25 units. This project is infill redevelopment of a yacht club and residential condominiums, and is located just south of the CBD and will consist of 20 units. The nearby access to the Intracoastal 4 Planning and Zoning Board Staff Report, January 23, 2006 Conditional Use Request-Yacht Club at Delray Beach 110 MacFarlane Drive Waterway and beach provide convenient off-site recreation areas. Staff supports waiving this requirement. 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. The redevelopment of the yacht club will result in 20 new 3 bedroom/3 bath residential condominium units ranging from 2,684 to 3,610 square feet. Conditional Use Required FindinQs 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; (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 South East West Medium Density Residential (RM) Medium Density Residential (RM) Medium Density Residential (RM) Community Facilities (CF) Condominiums Condominiums Multi-Family Dwellings Intracoastal Waterway Concerning the first finding the applicant has stated that:"The use will not have a significantly detrimental effect upon the stability of the neighborhood. The docks themselves were recently renovated. This project will only increase the stability by providing a low density, low rise residential structure. The lush landscaping will screen this property from its neighbors and extensive open space will be visually appealing to everyone. The Caribbean-style building faqade will include interesting architectural details which will complement surrounding properties." In regard to the second standard, the applicant states that: ':4s this is one of the last properties along the Intracoastal Waterway available for redevelopment, this project is not able to hinder further redevelopment. " Condominium uses along the Intracoastal Waterway are already located along the west side of MacFarlane Drive to the north and south of the subject property. The east side of MacFarlane Drive is part of the John Reid's Village Subdivision. Thus, the proposed use should have a positive effect on neighborhood stability and redevelopment of existing structures. I COMPLIANCE WITH LAND DiWELOP"eiilTREGUlATIONS H.. ."1 In conjunction with the conditional use requests, a Class V Site Plan was submitted and has been reviewed by staff for compliance. Based upon staff's review of the site plan, the following analysis is provided: 5 Planning and Zoning Board Staff Report, January 23, 2006 Conditional Use Request-Yacht Club at Delray Beach 110 MacFarlane Drive Buildina Setbacks: The development proposal will comply with the required side and rear building setbacks. The front setback along MacFarlane Drive is proposed to be 30 feet (25 feet + 5 feet for right-of- way) but will have the front outside parking area and landscaping encroaching into the right-of- way. This issue is to be resolved by the Development Services Management Group (DSMG) pending receipt of an updated survey from the developer. Parkina Pursuant to LDR Section 4.6.9(B). off-street parking shall be provided for any new category of use established. Pursuant to LDR Section 4.6.9 (C)(2)(c) two or more bedroom multiple family structures will provide 2.0 parking spaces per unit and 0.50 guest parking spaces per unit. Yacht Clubs pursuant to Section 4.6.9 (C)(6)(r) will provide one parking space per 1,000 square feet of floor area and outdoor seating/eating area plus 0.5 spaces for each boat slip. The site plan indicates they will provide 85 parking spaces which is nine more than the minimum of 76 spaces. Parking is provided for condominium residents & guests, the yacht club, and the boat slips. Therefore, positive findings can be made with respect to LDR Section 4.6.9 (E)(4-5) subject to conditions. LIghting: A photometric plan has been submitted for the parking lot and entrance areas of the project. The photometric plan will need to be revised to comply with the minimum standards required by the City of Delray Beach. Stacking Distance: Pursuant to LDR Section 4.6.9(D)(3)(c)(1), the minimum distance between a right-of-way and the first parking space or aisle way in a parking lot that has 21-50 parking spaces shall be 20'. The two (2) parking spaces to the immediate left of the main entrance have an issue with the required stacking distance. Per Land Development Regulation, Section 4.6.9(D)(3) (c) the minimum distance between a right-of-way and the first parking space or aisle ways in a parking lot shall be 20 feet based on the 50 space parking area within the parking garage. Only 5 feet of stacking distance is provided for these two spaces. Based on the fact that a 15 foot waiver would be required staff recommends the two spaces be eliminated or relocated. Building Height: LOR SECTION 4.3.4(J), LOR SECTION 4.6.18(B)(14)(i)(3), allows 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. The overall height of the roof is limited to a maximum height of 35 feet with an allowance of 6 feet additional (72 inches) for the sloped parapets. (1) The top of the sloped parapets exceed the maximum height of 41 feet in several locations. (2) The cupola towers are a height of 51 feet at the peak and are not considered allowable appurtenances per the definitions in "Appendix A". (3) The roof deck is also over the maximum allowable height of 35 feet in several locations below the building's decorative towers. 6 Planning and Zoning Board Staff Report, January 23, 2006 Conditional Use Request-Yacht Club at Delray Beach 110 MacFarlane Drive Performance Standards: The applicant's statement in the site plan application indicates substantial compliance with performance standards conditions (a), (c) & (d) of Section 4.4.6 (I) of the City of Delray Beach Land Development Regulations. This should be more than sufficient compliance with the performance standards given the proposed density of 6.07 units per acre which is very near the base density of 6 units per acre in the RM Zoning District. REVIEW BY OTHERS """''''''',1 """i Site Plan Review and Appearance Board: If the Conditional Use request is approved by City Commission, the site plan application will be processed for the development proposal. and an agenda date will be scheduled for 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 :;.. President's Council :;.. Via Marina :;.. Barr Harbor :;.. Seagate Towers Condo :;.. Beach Property Owners Association :;.. Progressive Residents of Delray Beach (PROD) Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. The City has received several phone and in-person counter inquiries regarding the architectural design of the building but has received no specific letters of objection or support. One letter from Seagate Towers dated January 18, 2006 was received and is included with this report as an attachment. I ASSESSME,," AND CONCLUSION . 'I The proposed conditional use is to allow for a yacht club in the Medium Density Residential District. The addition of 20 residential condominium units will remain near the base density of 6 units per acre for this development at 6.07 UPA. The proposed use is consistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of the LDR. Positive findings can be made with respect to LDR Section 2.4.5(E)(5), regarding compatibility of the proposed development with the surrounding properties regarding the requested increases in building height. I "~Ii..II!iAi~~l~im;1I1Ioliil!im"',,,,,,,,, ". .;.:"'." A. Continue with direction. 7 Planning and Zoning Board Staff Report, January 23, 2006 Conditional Use Request-Yacht Club at Delray Beach 110 MacFarlane Drive B. Move a recommendation of approval to the City Commission for the conditional use request to allow for a Yacht Club for the Yacht Club at Delray Beach, 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), 4.3.4, and Chapter 3 of the Land Development Regulations, subject to conditions. C. Move a recommendation of denial to the City Commission for the conditional use request to allow for a Yacht Club for the Yacht Club at Delray Beach, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(E)(5), 4.3.4, and Chapter 3 of the Land Development Regulations. I RECOMMENIllED ACTION ',","'.,'"',','.,,.,"',',",,',', I "H "',...."",,',,',,'...',,...,,!,,',,'. .. "<J.,,,,:..",, Move a recommendation of approval to the City Commission for the conditional use request for a yacht club for The Yacht Club At Delray Beach, 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), 4.3.4 and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Provide Traffic Statement or Study which Planning & Zoning will forward to Palm Beach County Traffic Engineering for review. 2. Resolution of the 5 foot right-of-way encroachment issue of Twenty two (22) parking spaces along MacFarlane Drive by the Development Services Management Group to provide sidewalks or the required five foot right-of-way dedication. 3. Per Comprehensive Plan Policy D-2.2 bike racks need to be provided for parking. Relocate the bike rack shown at the far south corner of the parking garage to a more accessible location. Locate one of the set of bike racks outside to the rear of the property nearer the boat docks. 4. That a written finding of concurrency approval from the School District of Palm Beach County is provided. 5. That the proposed development be revised to comply with LDR Section 4.3.4 (K), Development Standards Matrix, Height in the RM Zoning District and LOR SECTION 4.3.4(J), LOR SECTION 4.6.18(8)(14)(1)(3), sloped parapets. Attachments: . Conceptual Plans . Location Map . Seagate Towers Letter Staff Report prepared by: James G. Cain. AICP Senior Planner 8 I - 0 I - ':i I 11 FIRE f-- '" VETERANS DELRA Y <>:~ STA., I ~ - SUMMI T <- NO.2 0 - PARK '" = GROVE f-- CONDO <>: Z - A TLAN nc w == CONDO '------ - >" PLAZA I f---- f-.---- ~ f--- - vi f-- BARR - ~I---- ~ f-- - TERRACE w w [Ill CONDO lIT lli SPANISH DELRA Y B EACH ;J RIVER MARRiO TT '" RESORT ([J[I ATLANTIC AVENUn II II ~ 111\ 11\1 I II II II II WA TERWA YEAST I > <>: - - '" COMMERCIAL f..- -, - CONDO - r-- - I f---- I z I--- w I--- >- ~ -> - f---- <>: 'f-- - q BAR GO 0 ~ ~f-- - <>: HARBOUR - S Ii' <(f-- - CONDO 0 - f-- - I '-- ~ Q I I S.E,_'~' ( M1RAMAR STREET - I w lillIJ F= II ) l- I II f- q DOVER HOUSE CONDO (0 I~ - - OCEAN PLACE S <>: <>: - >; CONDO <( - ~ W I, r-- <( vi COCONUT ROW '--- - I I I I (j INGRAHAM 2: S.L 2ND ST. 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Q . ~ il II .'""1' ., , in:: -hlt'l I'n! I ; ~ I~ : :l . t I 1_- i"j l · i I.:J" 1:;_____._....:1,., .,<~:-~-~_-- ",I ::__._.::;;:;.C':. ' ":,;. .- ;::-~:;,:.~.~(~~ :; i~1"ttfi'iii~im.:.1Ril'it _t.., "'---t.ooII ENGINEERS . ENVIRONMENTAL CONSULTANTS 2MP_..........,O",__3.J0W4 _"(501)27__ f...{..')27._..... WATER &: WASTEWA.TER PLAN FOR: DELRAY BEACH YACHT CLUB 110 MACFARLANE DRIVE DELRAY BEACH, FLORIDA -~......"'''''- -..-,.... n._,_ I , , I , , I , , I I, ::j i" ,---', ~ i' , .0-----<11 I.' I Illll'm 'i!I'dlll I"" t ~ ~ a i -j ! ~(~I",~;i !'1 !'i el'!! ,Ii ,I! !!!!' iii ii, i Ii ~ ~.. ~==-~~~~,~~~,1~=-- to '-~T ;~-t,- I? II' -~." ~ ~ ~,.~.. i ~ I it d ,,:;:~l ~ ~~::~',.~~~ C'c ~ 0- ;;?; ~ ,- \'--, =.; ;:r-:' ,~ r.;;:: r:.~ ~ ..v N -- '9 , , , , q , d ~- --9 , , d ,d 9 , jJ _'2::..."-_ _nJ ._-~--- L I 1_--, If , q~ , , , d : , d 9 q , , d -9 , , q , , _d D II I" " >- l~ ., ~~ 1 tJ ~ g ~ C5 THE YACHT CLUB AT DElRAY BEACHI i~~~1 f6n~~ ~~~~'l. ~ BP "~..r'1i = DELRAYBEACH, FLOPJDA ~ ,.~~ jj~l~j ~~ Q~ --:-:APEXPJiDl'ERTlE;-LL,C. - ~~U~ !~~~:~ ~~~ ~ 4400 I'GA BLVD ~o_,:,! ~~;:j l',.,'-- = ~_,!j f ,','~2:= = PALM BEACH GARDWS, FL 334W ~ <:, 2OOOUU'NCr]OHH""",IONU,MYOTI. W"lli-"',,.''''''DO, V"""otI'^""Hm=tHCALL <JG'''' ~."'". ,,,,,,,,,,, O'YHU' m~ .....",. 0'0mGN'''A<'''''~DUCiDOACO'''D'~'''' 'O"",v'''''T>Q'V'~''''t."."".,~, ur""W"'lTI"~O~'''<TO''''''''WAVARCMm'T' 'NC ~ '::-:. ~ ill ", 0' pip t " ~ ~ -, ! g~ .., " t ~.--> = L " = = = ~ ~ r-. .3 """" ~ ~ ~ N 1.7J !~ II I - ---~':;"- I I ---=) [:11 ~ ~ g- i ~ '''1 ["",.',01 = = ~ ~ C5 H,EYACHTCLUE.ATDELPAYIlEACHI J~,~,! ~ H!H~ ~~~~~ DEH:.AY BEACH. FLORJDA ~ ...~~ h~I~S :: ~--3~ ~. -'. . ....- - ~n:~~ !~~~;5~ !;;:~ ~ CAPEXPROaRT[E~LU:: " ,~~!<;:: ~,~~ ~8 ,~~~= 4.400 PGA BL\TD I R0:1-!" "" f'ALM BEACH GARDHJS. FL 33418 0'3... i;; ~ '-'" '" ~ = 0:' ''''''' QII'N'" IOrt~OO<<. j""'~ ""m, V.UCI"", '"'''''o~. VAU~~" "':;~JlK-r"",,.. m ..~~" "-"~'::" ,,~'^~, ." !~'" ''''^''. .""... D'.!'."'''''' "'.." "'~DXIL L"cO"'D '" "''' 'L". W"^,SO.... WIT"OUY 'H' mom '","IT'" ,:0<<,,'" m QjJM"'V AAC~mct>. 'NO g'I'1!!i1i' ~! n ~ 0;;;; I g ~::t 1:\, z ~!:l ,; ~ ~ ~~~61' ~ ~ ' Jdi ~ 3i: ,c-;-, 52 23 I~ Fi ~ Q ~ =: iC~ I-',r:! 'II b~/ 171 ~ ~;:::::: ;=; I~,-' z: ..v N "",_0, I t J C5 i ~ I 'ITHEYA~E~~;~~~:F~~~~YBEACH! I:m IIIllI ~;~~. ~ ~ I ~: C:A['FY.?ROFERT!E~l.LC. 11~~~1::, ~~~~~~~ ~~~~= L- > 1'1 44(J{; PGAHV[>. "O:~~~ rlO <!I'~"'~ = 'Z ' ~ r. rALlo', !:IEAct'l GAf'.DE!-E, FL 3341& ~3" ~ (:, ""'" ""'N<.~ 1"~I"o'" ,o<,'~ """'TI. ,',"'"....,. ...c'IVIDO. V'UGn" ^""HoY"'T,.'NC ^'"'- "G,,'" "-"'V>D. ~o ....J>" G' T~'" IDi"'. '''''': c!- 0'''"'_'' MAT '.:...":,:~n"CID~' comn", Am ",.". W,,^HO<V,. y".r~OVT7M' "..." """"'N Cu."""" 0' CWM....^" ~Hmcr,....o "'- fe-'"- I l'-~ I :'; ~t ~ """"":" ,. ~-. z ::::; ;J;' _~ , ~, , ; ~ I ." ",_, ;: ~,~", ,': r ,,<;;f 3~ ;'j . . ''" ~' ':' ":~"" ~ ~~~ E ! I :;;::: ~ = ----l '--j ~ = '== .. ~ I 1 )>, ~= "" I ~~ = I "'~ \..j;') I z ~<-.~ ~3 < >00< (llJ'''o<,OH"'OHI""....YOTT.I-m'''..'.^'",,,'''' ',' ~ " !~ , i, ~~ ~~ ~~ ~~ , " ! -.---- llf:?:i~~! 1 !tJ "BJ r~ Je. 1,,-,_- ['DE]' " , H~ _Lic- ! (DL-J I EJ U .~Ii,ftry Ii' :&1 :;c'~"ij ~:;: n ,~ l'I"~' ' ~''"", '"C:', '. ,>- ',~ ," , fj ~ c, " ~ 1" I / ., D[J /- ~. ~ Q.", ~ ~~~ , ~ II n , , ,ll g THE YACHT CLUB AT DURAY BEh:=H :.1 CURA'{ BEAC_~~F_LOIUDA__,__ ; CAHX PK('PEHIES LL.C ~ I PAl.M. 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" "I 'j"--1-- g~ ~ ~ ! ~ ~ ~ ~ ~ ~~ ~~ "~ ~~ ~1 G~ ~~ ~_',~ ~~ ~G ~~ ~ ~ Om ~~ I~ ~~ w~ ~~ ~m-~-- ~~ ?~ 0: ~- ~~ ~.. ~; ~6 ~~ g ~* ~~ ~~ ~~ ~ ~~ ~, 0 ~o ~, 'r-~I---""-'I'--- ?Cy'~" , I (HO , " ~ ~(j. , (;;1 , b~ ! ~ " " , , ,,' 0 , , ~ , k I m r , ':? ?~ (~ ~' ~~ " \Jz ie " +* ~ ,:~ l> ). :~,i) ~ 8 :2 r It. ~~ J ~ ~!~-j > I 1=='" V ~ gsl ,.Ot~~~;:!1 l,~.~i!l! f!l!!~ >~b2" ,,~ - u ;: rHE YACHT CLUB AT DELRAY BEh::::H v" ~ ~ ~ '" "--> ='!'" ~~I O"l:";; ~ i.? z;:,P~" z:;' ~ ;~H ~ DELFAYHACH,FlORlDA @~;~; jg~fil ~~ ;;[; ~ to; CAPEi:PPDPEHrE~LLC. ~::r~~;: ~~I~~~ 'l~~ ~ ~ w. '1.400 PGA BlVL>. ~"'~ ~ ~fQ ~ : ~l= 0 - J"~~! ~ ~~~gi; I' ~,'~? = PAUl, BEACH GARDEIJS. 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I ~~~12 t:~~ ~8 :;;:;~ 3:; <C" 'OOO<ill'NCY''''''''''"',,'''''',M'mTT,W''lV....'''''..POVWQ'''''''''H<TI ' PALM BEACH GARDEJJS R 13418 : f'~~~~ ~ ,.;.~ ~ ~ .._ ,"'.'No:.. AU Om"" "''''''0 ,," .""'. 0" TH"" ,~'^'. '''''',. ~" O",G'" ,...,-" "'"""OUCW O' OO'''D 'N "'"" ,~... Y:'~ITDm~ Wn~CM"'~._'-'t..., wum" m",,,,,. o. GOJMW^V ~"m=' ,," 6 n r f1 ~t ~" !% ~ ,', ,r H Ii ~. " I, ~;, f' ~~ iI .' H , , ;, " " Rt i; , ~ ~ , ~~ ., " I.. ;1 ]= <=;:1, ?=' -" =: ~ ~ ~ 8 .-,.-- ~ LJEG AI,l i ~ " P <! , ,q i i ~ rP "'1 'r'. 'II l,. ~ .\ " GI Q , 1 l , , I G:!It;;'rJCI[;] ,i; I q""i ~ ~ d ~ ~ i H i! , J] 1>:1 ! ~ 11 .' ,t F ~;: it f.1 , I" i' 6 ~ <IiJkc 1 o 11 II II mil ~~ n i1 i: j: '" ~, ~; '" ,i, l, I' '" ~~ ~~ !i ~~ I, ~" ~, ,- -, 5~ ,- , " ~f i'f !~, ~ ;, I'; -. ~~ I~.." ~ :-.r = ~~ ~ ~ ..,." :3 ~= ~. ~ = 1 L! 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T,."~.- '"~':':"''''.TI~''C''''''''TU'Q:JMW^V::;;;:;'"'''<'."'c, """',,"""_-"'O""''''''JOH'',''<'''',''''W'''U.^C]''ou..~^~,-~~_-:-:~__~~. ,. .. . ., . ... =1 .~C- I~I IV'~ ~ 23 ~il!i~ ", ",: 2 ~,~~ ~ ~ ~;-~ z ~ '- lit;! ~"" ~ , ".;:: ~ S~ ~ ,^,,-,<<, '., ~~ s;;; -=:......, =1 = rwM~ B Z't C,J" ",' , ~ d ~ ;;: C i~ t, iBi ~ c/ Ld , . fn, ,. ~ ": "' c i;~ . ." :: ~ 8=""1 ~{ -,.L .f: z~ :~ ~, ~ "ill" ,1,,\ " ~~ 'I,"! , ~~ -.,' ~~ ~- ~ 0< >>1 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS FOR CODA PROPERTY ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. These waiver requests have come before the City Commission on March 6, 2006. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for the Coda Property. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: a. Pursuant to LDR Section 4.4.17(H)(1), 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. The applicant has requested a waiver to allow the architectural style 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: (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 No b. 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 in a parking lot. The applicant proposes a stacking distance of 33' to the first parking spaces along SW 2nd Avenue and 32.5' to the first parking space (11.5' to dumpster enclosure) along SW 1st Avenue. The applicant has requested a waiver to the stacking requirements. 1 ~~~~.-~~~U?\~h~~.._ ,C\.~ 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 No 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 _ denies _ the waiver request to LDR Section 4.4.17(H)(1) by a vote of and opposed. in favor 6. Based on the entire record before it, the City Commission approves _ denies _ the waiver request to LDR Section 4.6.9(D)(3)(c) by a vote of in favor and opposed. 7. Based on the entire record before it, the City Commission hereby adopts this Order this 6th day of March, 2006, by a vote of in favor and opposed. Jeff Perlman, Mayor ATTEST: Chevelle Nubin, City Clerk 2 ~ ~'f~~~~~~""~1 " ...." ..".~.."..... .,.... ~.". ".......~ ....... ..,m,' ...... ._ .. ~ ,'O.'"""'h,~.....",. ......."'. .......,...... ..~ TO: DAVID:T. D N, TV AI'tAGER THRU: FROM: SCOTT D. PAPE, SENIOR PLANNER ~ r- SUBJECT: MEETING OF MARCH 6, 2006 CONSIDERATION OF WAIVER REQUESTS ASSOCIATED WITH THE CLASS V SITE PLAN FOR CODA (FKA LIGHTHOUSE) LOCATED ON THE SOUTH SIDE OF SW 1ST STREET, BETWEEN SW 1ST AVENUE AND SW 2ND AVENUE. ~""~'- 0" ..... .....-'. ..~...._"".'" ......... -",",,";.. .. -~ ........., ~...,-,-_._.".,-,._.. .....~ ,...:...';, At its meeting of February 22, 2006, the Site Plan Review and Appearance Board approved the Class V development proposal to construct a 3-story mixed-use building that contains 19,448 square feet of office floor area in the first and second floors and four 2-bedroom loft units together with 36 stand- alone townhouse units. The development proposal included waivers to the following sections of the Land Development Regulations. which requires final consideration by the City Commission: 1. LDR Section 4.4.17(H)(1), which requires that 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. I I 2. LDR Section 4.6.9(D)(3)(c), which requires a 50' stacking distance between the right-of-way and the first parking space or aisleway in a parking lot. The Site Plan Review and Appearance Board considered these two waivers and recommended approval to the City Commission. Staff supports the waiver to stacking distance but does not support the waiver to the residential architectural character for the office building. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of publiC facilities; (c) Shall not create an unsafe situation; or, (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. Mixed-Use Buildinas: 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. qc- City Commission Documentation Meeting of March 6, 2006 Coda Site Plan Waivers The applicant has provided the following justification in support of the waiver: "The proposed redevelopment of the Lighthouse substance abuse rehabilitation facility will result in the creation of a neighborhood at the edge of the City's central business district. To the north and west are existing institutional uses consisting of the Palm Beach County courthouse parking garage, Library and associated parking lot to the north, and the County courthouse and associated parking lot to the west. Construction is set to begin this year on the 70,000 sq. ft. courthouse expansion south of the existing courthouse, which will extend to approximately S. W. 1st Street. Also, it is anticipated that in the future South County Courthouse parking garage will be expanded, which will result in an approximately 250' wide parking garage facing S. W. 1st Street. The mixed-use buildings are of a contemporary architectural style and of a scale that provides a transition from the existing and proposed institutional structures to the north and the proposed three story townhomes to the south. The proposed mixed-use buildings will be complementary in appearance and scale with the historic district to the east as well as the townhomes. In order to address the Board's comments, the south elevations of the mixed-use buildings (facing the end units of the townhomes) have been modified by reducing the stair tower elements, so they do not extend above the roof line, and by providing openings in the stairtowers, including balconettes at the landings, which provide a more residential appearance. Each mixed-use building is 106' in width, which is less than the width of the 6- unit townhome buildings (120') and the 8-unit townhome buildings (160'). The mixed-use buildings will be separated from the townhomes by approximately 65'. This area will contain a parking lot and extensive landscaping. In conjunction with the design of the mixed-use buildings, there is adequate separation and landscaping that provide an aesthetically pleasing transition between the mixed-use buildings and the townhomes. Also, a side building elevation of the mixed use buildings has been prepared (facing S. W. 1st and ;znd Avenues), which contains a variety of design features, including double doors and side lights on the first floor; a projecting canopy on the second floor, which ties into the main roof line of the building; and the stepped-back third floor with large terraces. In addition, the elevation depicts the width of the buildings from S. W. 1st and ;znd Avenues, which is 44: and the building height, which is 35'. These design features provide an elevation that has a residential character, generally compatible in terms of height and scale with the proposed townhomes and the existing structures along 1st and;znd Avenues. These elevations will also be harmonious with the structures in the surrounding area (existing and proposed), including those within the Old School Square Historic Arts District (OSSHAD) zoning district to the east. It is noted that within the OSSHAD zoning district, for new structures, "the maximum width of a building fronting a street shall be limited to 60' and shall have a minimum separation of 15' between buildings fronting a street in a development site that contains more than one structure. 'Tref. LOR Section 4.4.24(F)(4)}. Also, the third floor is required to have to have less square footage than the second floor resulting in the third floor being stepped back in some manner. The elevation facing the OSSHAD district is in keeping with these standards, and therefore will not have a negative impact on the existing or future structures that may be constructed along S. W. 1st Avenue. 2 City Commission Documentation Meeting of March 6, 2006 Coda Site Plan Waivers The proposed waiver will not will not create an unsafe situation with respect to public safety, Further, the waiver will not adversely affect the neighboring area, and will not affect the delivery of public services, While a waiver to this requirement has not been requested in the past, given the circumstances, the design of the site, the separation from the residential uses, as well as the close proximity of the existing and proposed institutional uses, the waiver will not result in a special privilege as the same waiver could be granted under similar circumstances. Based upon the above, a positive finding with respect to LOR Section 2.4.7(B)(5), Waiver Findings, can be made." Staff's Analvsis: The modernistic interpretation of the mixed use 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 LOR Section 4.6.1B(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 shall 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 modernist architectural style for the mixed-use building does not provide a unity of character or design with the overall development (townhouses). A vernacular style similar to the Sundy House or the "Bermuda" style of the town houses would be more appropriate for this building. Given this, staff is recommending denial of this waiver request. Stacking Distance: Pursuant to LOR Section 4.6.9(O)(3)(c), a 50' stacking distance is required from the public right-of- way to the first aisleway or parking space in a parking lot. The proposed stacking distance is approximately 33' to the first parking spaces along SW 20d Avenue and 32.5' to the first parking space (11.5' to dumpster enclosure) along SW 1st Avenue. The applicant has submitted a waiver to the stacking requirements. The applicant has submitted the following narrative in support of the waiver request: "The proposal provides 104 on-site parking spaces. Along both SW 1st and z>d Avenues, the development proposal provides approximately 33' of stacking from the right-of-way line to the first parking perpendicular parking space and 12' to the dumpster enclosure. It is noted that if parallel spaces are provided at the southwest and southeast corners of the north parking area, a stacking distance of 12' would be provided to the parallel spaces. The reduction of the stacking distance as requested will not be significant as there are two driveways at opposite ends (east and west sides) of the parking area which access two separate streets - S. W. 1st and z>d A venues. Thus, the distribution of the vehicular traffic entering and exiting the site will be dispersed similarly at each driveway. Given the classification of S. W. 1st and z>d Avenues as local streets and that the property is located in an urban setting the reduction is appropriate and can be supported. The reduction will not create an unsafe situation with respect to public safety. Further, the waiver will not adversely affect the neighboring area, and will not affect the delivery of public services. The waiver will not result in a special privilege as similar waivers have been approved under similar 3 City Commission Documentation Meeting of March 6. 2006 Coda Site Plan Waivers circumstances. Based upon the above, a positive finding with respect to LDR Section 2.4.7(B)(5), Waiver Findings, can be made." Waiver Analvsis: As noted by the applicant, the development contains two driveways from different streets, which will diffuse the traffic entering and exiting the site. This dispersion of traffic and the offset peak traffic hours between the office and residential uses will mitigate concerns over stacking at the driveways. Based on the above, a positive finding can be made with respect to LOR Section 2.4.7(B)(5), Waiver Findings. r~':. "." ... ...... ."~" .. -.,', ',. ','0' ""_0 ",%." " ~." .. ..... .. .. .. _'0"'" .. " .. -'.' - .. ....- By separate motion: 1. Denv the waiver to LOR Section 4.4.17(H)(1), that requires 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. 2. Approve the waiver to LOR Section 4.6.9(O)(3)(c). to reduce the required 50' stacking distance to 33' along SW 2nd Avenue and 32.5' (11.5' to dumpster) along SW 1st Avenue. based on a positive finding with respect to LOR Section 2.4.7(B)(5). Attachment: Site Plan and Landscape Plan Letter from applicant dated February 8, 2006 Staff Report dated February 22, 2006 Staff Report dated January 25, 2006 4 1111111 II I MARTIN 1 r= ~ '-:: C:::." ;::= ~-- 1---- ,_ ,-- 1----- Lr.=- WOO I-- 1-- ~-- --- II--- -, _ == T ~- t--c I-- h II~_N~~ .'ST ~ NO.1 I- ';1--- .I ~ t---- ~,.-c- I--H--- T'- rT' I ~f--L IT! mn S,W r-T ~IIII - --- I---- -- I-- ,- '" " . vi~ I---- VI ~~ iTTl= s,w. - ,- I ., r- I-- , I ..- N CITY or OELRAY BEACH, fL PLANNING At: ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- I 1 IT1 LUTHER KING JR. I_Q --w > < - w '" CITY > > 0 <-- < -;\ HALL - - " i Sl.o :I il\ = ~-- ==.~ TENNIS 5 T ADIUM ~I-- . -,- 1--- I---- -- I--- I-- --...- -1= T II 2ND I T TT -- -- I-, ~~ ,---- - ~ I--- c--- I--- f-- I--- I- - I-- ~f--3i V11__vi I--- - ,-- ._- hi 1=---= 'RD T TT MERRITT PARK - - - 1--'. 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'"'''' ~ it:>J '" ~ "~~~~,$:;:-;;;::'::'''" THE LIGHTHOUSE COMPLEX CITY OF DElRA Y BEACH FOR: NEW URBAN COMMUNITIES III o.l' !!, ......" ~, 161,-", . ~~ ~ '-l f: MlllEP.~EGG ~ I ~ :. ~ z ~ 0 ~ , I~ q ~ ~ ~ ~ -~ - 5.l-Y. 2ND AVENUE s,l-Y. 1ST AVENl/E 9 !f '"; " ~ l:1 ~ ~ .~ ZO)~ ~ :::l DU'! il Ililll The lighthouse Complex !HI ilII iW 0 111.1- II I I~'" Iii!" iI New Urban Communities " I .ct> I' '" Ii !f!I!!~~.li " I Ei II II $~U 01 ~~ Delray, Florida g New urban+communities t> AA, February 8, 2006 Mr. Paul Dorling, AICP Director of Planning and Zoning 100 NW 1st Avenue Defray Beach, Florida 33444 Re: Coda (fka Lighthouse) - Response to SPRAB comments & Provision of Workforce Housing Dear Paul: At its meeting of January 25, 2006, the Site Plan Review and Appearance Board (SPRAB) postponed action on the site plan for Coda. This letter is provided in response to comments and concerns expressed by the Board and to address modifications to the required workforce housing associated with the Coda conditional use approval. Internal Adiustments: The Board had a concern with the internal adjustment to reduce the 4' front setback offset [ref. LOR Section 4.3.3(0)(4)(a)]. Also, the Board had concerns with the internal adjustments to reduce the distance between buildings for the townhomes facing S.W. 1st and 2nd Avenues from 30' to 15' and 23', respectively [ref. LOR Section 4.3.3(O)(3)(c)]. With regard to the offsets, LOR Section 4.3.3(0)(3)(a) states that no more than two townhomes may be constructed without providing a front setback of not less than four feet (4') offset front to rear. While the balconies were previously depicted, the site plan now indicates that front porches are provided for some of the townhomes (facing S.W. 1st and 2nd Avenues) and the porches are included as part of the building footprint for the townhomes. Each unit is offset throughout the project and the front porches encroach 5' into the front setback, thus providing an offset greater than 4', in some instances. We believe the offsets provide the desired plane changes, variation and undulation, which meet the referenced regulation. Pursuant to LOR 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 feet (25') for a two story structure, nor thirty feet (30') or a three story, or greater, structure. The Board did not feel that 15' between the 6-unit and 3-unit buildings on S.W. 1st Avenue was sufficient and stated that they could support an internal adjustment to allow 9 units in a row, which would require an internal adjustment as the townhome rows are limited to 8 units, not to exceed 200'. However, after you and I met regarding this item it was decided that we 398 NE 6th Avenue. Delroy Beach. Florida 33483 tel 561.279.8706. fax 561.272.3951 . www.newurbancommunities.com To: Mr. Paul Darling, AICP Re: Coda (fka Lighthouse) Site Plan - Response to SPRAB comments & Provision of Workforce Housing Page 2 would retain the proposed building layout and shift the buildings to the north approximately 8'. The buildings have been adjusted to provide a 31.40' building separation between the town home buildings along S.W. 2nd Avenue, which exceeds the distance separation requirement, and a 23' separation between the buildings along S.W. 1st Avenue. This required the elimination of the 2 parallel spaces along the easUwest driye aisle and shifting the entire parking area 3' to the north to provide an approximately 11' wide landscape buffer along the north side of the town home buildings adjacent to the parking area. By shifting the buildings to the north, 2 parking spaces were accommodated between the town home buildings along S.W. 1st Avenue and an additional parking space was provided between the townhome buildings along S.W. 2nd Ayenue (3 total). In both instances, the terminal landscape islands are 3' wide consistent with the previously requested landscape waiver. These changes now increase the number of parking spaces provided on-site from 109 to 110 and eliminate the need for the waiver to the stacking distance as it relates to the parallel spaces. The changes resulted in an increase in the distance between the buildings facing S.W. 1st and 2nd Avenues and increasing the width of the landscape buffer on the north side of the end units facing the mixed-use buildings, which will provide more significant landscaping between the mixed-use buildings and the townhomes. Buildinq Elevations: With regard to the elevations of the mixed-use buildings, the Board had concerns with the elevations and requested additional information showing how the mixed-use buildings relatelcommunicate with the townhomes and suggested some changes to the building. Some Board members felt the mixed-use buildings should incorporate design features that relate more with the townhomes and a member suggested the townhomes could be designed to be more in keeping with the mixed-use building. While the Board had concerns with the color schemes based on the computer generated colored elevation, the actual color samples will be provided to clarify the matter. With regard to the rnixed-use buildings, we respectfully request a waiver the LDR Section 4.4.17(H)(1), which states the following: "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." Waivers: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; To: Mr. Paul Dorling, AICP Re: Coda (fka Lighthouse) Site Plan - Response to SPRAB comments & Provision of Workforce Housing Page 3 (b) Shall not significantly diminish the proYision of public facilities; (c) Shall not create an unsafe situation; or, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The proposed redevelopment of the Lighthouse substance abuse rehabilitation facility will result in the creation of a neighborhood at the edge of the City's central business district. To the north and west are existing institutional uses consisting of the Palm Beach County courthouse parking garage, Library and associated parking lot to the north, and the County courthouse and associated parking lot to the west Construction is set to begin this year on the 70,000 sq.ft. courthouse expansion south of the existing courthouse, which will extend to approximately S.W. 1st Street. Also, it is anticipated that in the future South County Courthouse parking garage will be expanded, which will result in an approximately 250' wide parking garage facing S.W. 1st Street. The mixed-use buildings are of a contemporary architectural style and of a scale that provides a transition from the existing and proposed institutional structures to the north and the proposed three story townhomes to the south. The proposed mixed-use buildings will be complementary in appearance and scale with the historic district to the east as well as the townhomes. In order to address the Board's comments, the south elevations of the mixed-use buildings (facing the end units of the townhomes) have been modified by reducing the stair tower elements, so they do not extend above the roof line, and by providing openings in the stairtowers, including balconettes at the landings, which provide a more residential appearance. Each mixed-use building is 106' in width, which is less than the width of the 6-unit townhome buildings (120') and the 8-unit town home buildings (160'). The mixed-use buildings will be separated from the townhomes by approximately 65'. This area will contain a parking lot and extensive landscaping. In conjunction with the design of the mixed-use buildings, there is adequate separation and landscaping that provide an aesthetically pleasing transition between the mixed-use buildings and the townhomes. Also, a side building elevation of the mixed use buildings has been prepared (facing S.W. 1st and 2nd Avenues), which contains a yariety of design features, including double doors and side lights on the first floor; a projecting canopy on the second floor, which ties into the main roof line of the building; and the stepped-back third floor with large terraces. In addition, the elevation depicts the width of the buildings from S.W. 1st and 2nd Avenues, which is 44'. and the building height, which is 35'. These design features provide an elevation that has a residential character, generally compatible in terms of height and scale with the proposed townhomes and the existing structures along 1st and 2nd Avenues. These elevations will also be harmonious with the structures in the To: Mr. Paul Dorling, AICP Re: Coda (fka Lighthouse) Site Plan - Response to SPRAB comments & Provision of Workforce Housing Page 4 surrounding area (existing and proposed), including those within the Old School Square Historic Arts District (OSSHAD) zoning district to the east. It is noted that within the OSSHAD zoning district, for new structures, "the maximum width of a building fronting a street shall be limited to 60' and shall have a minimum separation of 15' between buildings fronting a street in a development site that contains more than one structure.'{ref. LOR Section 4.4.24(F)(4)]. Also, the third floor is required to have to have less square footage than the second floor resulting in the third floor being stepped back in some manner. The elevation facing the OSSHAD district is in keeping with these standards, and therefore will not have a negative impact on the existing or future structures that may be constructed along S.W. 1st Avenue. The proposed waiver will not will not create an unsafe situation with respect to public safety. Further, the waiver will not adversely affect the neighboring area, and will not affect the delivery of public services. While a waiver to this requirement has not been requested in the past, giyen the circumstances, the design of the site, the separation from the residential uses, as well as the close proximity of the existing and proposed institutional uses, the waiver will not result in a special privilege as the same waiver could be granted under similar circumstances. Based upon the above, a positive finding with respect to LOR Section 2.4.7(B)(5), Waiver Findings, can be made. On-site Workforce Housinq: As you are aware, we have been negotiating with the Community Redevelopment Agency to purchase their property (via RFP), located along S.W. 2nd Avenue. which has, been incorporated into the project (S.W. corner). Previously, we indicated that the density bonus of fourteen (14) units, would be provided through the provision of three (3) owner-occupied very low-income housing units will be integrated on the site, which allows twelve (12) additional units, with two (2) additional bonus units earned by a payment of $120,000 to the Workforce Housing/Delray Beach Community Land Trust ($60,000 per bonus unit). The CRA expressed the desire for this project to provide more workforce housing units, pursuant to LOR Section 4.7.4. Therefore, we are modifying the method of providing the 14 bonus units by providing six (6) moderate income workforce housing units on-site (12 bonus units), with two (2) additional bonus units earned by a payment of $120,000 to the Workforce Housing/Delray Beach Community Land Trust ($60,000 per bonus unit), pursuant to LOR Section 4.7.4(e).workforce As indicated on the attached reduced site plan, Lots 2, 7, 22, 27, 30 and 35 (Units C & C-R, within the 8-unit buildings) will be designated as the workforce housing units, which will comply with the general provisions of LOR Section 4.7.9 as well as all other applicable provisions of Article 4.7. The workforce housing units will be designated on the revised site plan that will be submitted for certification. To: Mr. Paul Dorling, AICP Re: Coda (fka Lighthouse) Site Plan - Response to SPRAB comments & Provision of Workforce Housing Page 5 Based upon the above, please schedule the associated site plan for the February 22, 2006 Site Plan Review and Appearance Board meeting. Should you have any questions, please do not hesitate to contact me at (561) 279-8706 ex1. 214. Sincerely, ~ J ffi . Costello, AICP irector of Planning C: Mark McDonnell, Assistant Planning Director Scoll Pape. Senior Planner Kevin Rickard. Principal, New Urban Communities Tim Hernandez, Principal, New Urban Communities Brian Grossberg, Director of Finance, New Urban Communities SITE PLAN REVIEW AND APPEARANCE BOARD ---STAFF REPORT --- . CITY OF DELRA Y BEACH January 25, 2006 V.B. Coda - Class V Site Plan. Landscape Plan and Architectural Elevation Approvals Associated with the Construction of a 3-story Mixed Use Development That Contains 19,448 Square Feet of Office Floor Area and 4 Loft Dwelling Units Together with 36 Townhouses Dwelling Units. MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: Jmlll _ MMntl .- = 1-- 1=1-- 1- Owner/Applicant New Urban Lighthouse, LLC Agent...................... Timothy Hernandez Location........................ The property is located at the southwest corner of SW 1st Street and SW 1st Avenue. = NWlsrST . ...L -- -= Property Size................ 2.45 Acres Future Land Use Map... MD (Medium Density 5-12 du/ac) & TRN (Transitional) Current Zoning.............. RM (Multiple Family Residential Medium Density) & RO (Residential/Office) Adjacent Zoning..North: CF (Community Facility) East: CF (Community Facilities) & OSSHAD (Old School Square Historic Arts District) South: RM (Medium Density Residential) West: RM (Medium Density Residential) d---. -' ::CoO --- ~.-- ::):: ,I ,I aI ill , I-- 1= ~ '-- . ld: Fe- lIT'.!.. UL II ii = -= l= = 1.- I- ~ Illi! ,. N:01 Existing Land Use......... Vacant residential Proposed Land Use...... Construction of a 3-story mixed use building with 19,448 sq.ft. of office and 4 loft dwelling units together with 36 townhouses Water Service............... Existing on site. Sewer Service............... Existing on site. CITY z HALL ~ ~ ~ I-- - - h--J I cm II HORNEY BUILDING l\JIliER I(INC DRIvE ~ 4; 1--- ..- . . - 'C::N'" -~.. "~' = CENTER . ITIIJL. aiDE N U \ g: [lJ~~ ~ Mff': - o '\1 III I T - -- =- i=i= . I : ffim'rmrf IENN" W1llWilJ STADIUM ATlANTtC trrrrrl POI.ICf SOUTH ~ COMPlf..X COUNTY rP== COURT ~ HOUSE 11== ~ I ~ ~'STST -- PI---- " ~ -I- '-,,;; " MERRITT PARK ~ 1= == -"'II g DRUG ABUSE FooNOA nON OF PALU BE,l,CH COUNTY f-- .~ V,B. OHRAYBEACH ~'_'A~~ mr 199J 2001 SIT OfU,\.YBEACH ~ -"" '1111: 1993 2(001 Agent: Tim Hernandez Project Name: Coda (fka Lighthouse) Project Location: South side of S.W. 1st Street, between SoW. 1st and 2nd Avenues. Meeting Date: February 22, 2006 (Continued from the meeting of January 25, 2006). ""'~1Wi .....,,, ..",~.J'.< ....:.:..c;;".. x.'~":'." .....:y ...''':-.'':+:. ."-"..:0:... ":. .1:' The action before the Board is approval of the following aspects of a Class V site plan request for Coda, pursuant to LDR (Land Development Regulation) Section 2.4.5(F): . Site Plan; . Landscape Plan; . Architectural Elevations; and, . Waivers & Internal Adjustments. ..,........ 'c...... ..., ,.' "",,,., _. ., . .. '.:'. .. ~... u.. .. ......._~.. ."~ '''''...... ." At its meeting of January 25, 2006, the Site Plan Review and Appearance Board (SPRAB) considered the Class V site plan, landscape plan, architectural elevations, and the associated waivers and internal adjustments for Coda, which incorporates the following . Demolition of the existing structures and construction of a 3-story mixed-use building that contains 19,448 square feet of office floor area in the first and second floors and 4, 2 bedroom loft units; together with 36 townhouse units (20 - 2 bedroom units and 16 - 3 bedroom units). The lofts range in size from 1,389 square feet to 1,440 square feet and the 3-story townhouse dwelling units (with 2-car garages) range in size from 1,615 square feet to 1,871 square feet, under a/c; . Construction of 37 surface parking spaces on-site; . Construction of a cabana, pool, and tot lot; . Construction of 2 dumpster enclosures adjacent to the mixed-use buildings; and . Installation of associated landscaping. The development proposal also included waivers and internal adjustments to the following sections of the Land Development Regulations: 1. An internal adjustment to LDR Section 4.3.3(O)(3)(c), which requires a building separation of 25-feet for a two-story structure and a 30-foot separation for a 3-story Meeting Date: February 22, 2006 Agenda Item: VA Site Plan Review and Appearance Board Memorandum Staff Report Coda. Class V Site Plan, Landscape Plan, & Architectural Elevations Page 2 structure. (Reduction to 15-feet was requested between two buildings along the east side of the property and 23.67-feet between two buildings along the west side of the property). 2. An internal adjustment to LOR Sectron 4.6.9(O)(4)(d), which requires a standard aisle width of 24' for normal traffic flow with perpendicular parking. (Reduction to 20-feet was sought). 3. An internal adjustment to LOR Section 4.6.9(O)(4)(c), which requires a 24' wide by 6' maneuvering area for dead-end parking bays (Reduction to 20' by 6' is sought). 4. A waiver to LOR Section 4.3.3(0)(4)(a), which requires that 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. (Reduction to 1-foot was requested). 5. A waiver to LOR Section 4.6.9(O)(3)(c), which requires a 50' stacking distance from the public right-of-way to the first aisleway or parking space. (Reduction to approximately 15-feet to the parallel parking spaces and 11.5-feet to the dumpster enclosure was requested). 6. A waiver to LOR Section 4.6.16(H)(3)G), which requires that each row of parking be terminated by a 5-foot wide landscape island. (Reduction to 3-feet was requested). After discussing the proposal, the Board postponed action on the Class V site plan, landscape plan, architectural elevations, and the associated waivers and internal adjustments. The Board had a concern with the internal adjustment relating to the 4' front setback offset [ref. LOR Section 4.3.3(0)(4)(a)] and the internal adjustments to reduce the distance between buildings for the town homes facing S.W. 1st and 2nd Avenues. The Board did not feel that 15' between the 6-unit and 3-unit buildings on SW. 1st Ayenue was sufficient. They did indicate that they could support an internal adjustment to allow 9 units in a row (currently limited to 8 units, not to exceed 200'). The Board had concerns with the elevations of the mixed use buildings and requested additional information showing how the mixed-use buildings related to the town homes and suggested some changes to the building. While some Board members felt the mixed-use buildings should incorporate more residential design features relating to the town homes, one member suggested the town homes could be designed to be more in keeping with the mixed-use buildings. The Board had concerns with the color schemes based on the computer generated colored elevation and requested that the actual color samples are provided. Revised plans have been submitted to address the Board's concerns. The buildings have been adjusted to provide a 31.40' building separation between the town home buildings along S.W. 2nd Avenue and a 23' separation between the buildings along S.W. 1st Ayenue. This required the elimination of the 2 parallel spaces along the east/west drive aisle and shifting the entire parking area 3' to the north to provide an 11' wide landscape buffer Site Plan Review and Appearance Board Memorandum Staff Report Coda - Class V Site Plan, Landscape Plan, & Architectural Elevations Page 3 along the north side of the town home buildings adjacent to the parking area. By shifting the buildings to the north, 2 parking spaces were accommodated between the town home buildings along SW. 1st Avenue and an additional parking space was provided between the town home buildings along SW. 2nd Avenue (3 total). In both instances, the terminal landscape islands are 3' wide consistent with the previously requested landscape waiver. The elimination of the parallel parking spaces along the easUwest drive aisle increases the proposed stacking distance from 15' to 33' to the first parking space along the north side of this driye aisle. Consequently, the waiver to the stacking distance has been modified to allow a reduction from 50' to 33'. These changes now increase the number of parking spaces provided on-site from 109 to 110. The addition of the on-site space will reduce the contribution towards the construction of a public parking garage to $304,000. ($16,000 x 19 = $304,000). The City Commission will need to authorize the use of this program for the 19 parking spaces and this is attached as a condition of approval. With regard to the elevations, the south elevations of the mixed-use buildings were modified and a side elevation was submitted along with the requested color samples. A street section elevation has been submitted showing the relationship of the town homes with the mixed-use buildings and the County parking garage on the north side of SW. 1st Street. In addition, the applicant has submitted a waiver to LDR Section 4.4.17(H)[RO Zoning District Special Regulations], which requires that 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. In summary, the applicant is now re~uesting one internal adjustment from 30-feet to 23- feet for the townhouses along SW 15 Avenue; relief from the required 4-foot offset; relief from the required residential elevations for the office building; a waiver to the 24-wide standard aisle width; reduction of the required 6-foot by 24-foot maneuyering area for dead-end parking bays; reduction of the stacking distance for the easUwest drive aisle to 33-feet; and relief to two landscape island widths (5-feet to 3-feet). The following analysis relates to these requests which are governed by LDR Sections 4.3.3(0)(3)(c)(Distance Between Buildings) and 4.3.3(0)(4)(a) (Offsets), Section 4.4.17(H)(1 )[elevations]. Additional background and a detailed analysis are provided within the attached Site Plan Review and Appearance Board Staff Report of January 25, 2006. :.'>.\.1;.. '\":":"" ',:' .." ,;. '-'". - " :':<. ..:.... .". c," : ~::'...'...',.,,;.. - Internal Adiustments: LOR Section 4.3.3(0)(3)(a) (Front Setback Offsets): Pursuant to LDR Section 4.3.3(0)(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 a waiyer request to reduce the building offset requirement. Site Plan Review and Appearance Board Memorandum Staff Report Coda - Class V Site Plan, Landscape Plan, & Architectural Elevations Page 4 The applicant has submitted the following narrative in support of the internal adjustment request: 'The provision of front porches and balconies provide a greater off-set than indicated by the foot print presented on the site plan. The site plan now indicates the balconies which in effect provide greater variation and an appearance of a greater offset. In addition, some of the units will include porches which will provide additional variation and undulation, which will meet the intended purpose of the referenced regulation. The proposed design will enhance the area and provide the desired charm and streetscape. Based upon the above, positive findings can be made with respect to LOR Section 2.4.7(C)(5) that the proposed internal adjustment does not diminish the practical application of the affected regulation (requirement) and by granting such relief a superior development product will result. " The purpose of the offset is to provide plane and roof line changes to provide relief and interest to the massing of the building. The applicant request relief to reduce the required offset to 1-foot and suggests that the covered porches will provide adequate relief to the massing of the building. While the porches provide some relief to the massing of the building, they do not provide the plane changes to mediate the linear massing of the building and roof line. Consequently, a positive finding with respect to LOR Section 2.4.7(C)(5), Internal Adjustment Findings can not be made and staff is recommending denial of this internal adjustment. LOR Section 4.3.3(0)(4)(a) Distance Between Buildinas): Pursuant to LOR Section 4.3.3(0)(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 feet (25') for a two story structure, nor thirty feet (30') for a three story structure. As previously stated, the Board did not support the previous request of 15' between the 6-unit and 3-unit buildings on S.W. 1st Avenue. While the Board felt it could support an internal adjustment to allow 9 units in a row. The revised plans retain the proposed building layout, shifting the building to the north approximately 8'. With this shift, the buildings provide a 31.40' building separation between the town home buildings along S.W. 2nd Avenue, which exceeds the distance separation requirement. A 23' separation between the buildings is proposed along SW. 1st Avenue and has been increased from 15' preYiously requested. This type of reduction has been supported in the past and appears reasonable in this instance. Consequently, a positive finding with respect to LOR Section 2.4.7(C)(5), Internal Adjustment Findings can not be made. The relief for landscape island width and office building elevations are discussed under the Landscape Section and Architectural Elevation Analysis sections. Further, see staff report of January 25, 2006 for discussion relating to requested waivers and internal adjustments to the standard aisle width; dead-end parking bay maneuvering area; and stacking distance. Staff is recommending approval of each of these waivers and internal adjustments. Site Plan Review and Appearance Board Memorandum Staff Report Coda. Class V Site Plan, Landscape Plan, & Architectural Elevations Page 5 On-site Workforce Housina: The applicant has been negotiating with the Community Redevelopment Agency to purchase their property (via RFP), located along SW. 2nd Avenue, which has been incorporated into the project (SW. corner). Previously, it was indicated that the density bonus of fourteen (14) units, would be provided through the provision of three (3) owner- occupied very low-income housing units integrated on the site, allowing twelve (12) additional units, with the remaining two (2) additional bonus units earned by a payment of $120,000 to the Workforce Housing/Delray Beach Community Land Trust ($60,000 per bonus unit). The CRA has expressed the desire for this project to provide more workforce housing units, pursuant to LOR Section 4.7.4. Therefore, the method of providing the 14 bonus units has been modified by providing six (6) moderate income workforce housing units on- site (12 bonus units), with two (2) additional bonus units earned by a payment of $120,000 to the Workforce Housing/Delray Beach Community Land Trust ($60,000 per bonus unit). Lots 2, 7, 22, 27, 30 and 35 (Units C & C-R, within the 8-unit buildings) will be designated as the workforce housing units, deed restricted for 40 years, and shall comply with the general provisions of LOR Section 4.7.9 as well as all other applicable provisions of Article 4.7. The workforce housing units will be designated on the reyised site plan and must be submitted for certification. Porch/Balcony Encroachment: Pursuant to LOR Section 4.4.6(F)(3)(c), front porches may extend 5-feet into the front or side street setback and cannot occupy more than 50% of the building frontage and cannot be enclosed in any manner. Pursuant to LOR Section 4.3.4(H)(4), balconies are allowed to encroach up to 3-feet into the required setback. There are several cantilevered balconies that appear to encroach approximately 4-feet into the required setback. A condition of approval is attached that all cantilevered balconies have a maximum 3-foot encroachment. It is noted that the 2 of dwelling units within the 3-unit townhouse buildings have a porch. The length of these townhouse buildings are 60.67 feet and the combined width of the two porches is approximately 37.16 feet. The proposed porches have a building frontage of 61% and exceed the maximum building frontage (37.16 feet / 60.67 feet = 61%). Therefore a condition of approval is attached that width of the porches are reduced to comply with the 50% maximum building frontage standard. - :~1".:' )'';;;i-, ,::, ".__''._ _'j" ---.__:_~ " -"~-;;:,-~ _."" ,,',:.'" .." ,....', .,," .om" , -.. ._._~~ ~_'___'___ *,- .;c,;'. ',":"" : The minor changes to the site plan to address the Board's concerns do not significantly impact the previous design and the proposal complies with LOR Section 4.6.16, except as indicated below: Site Plan Review and Appearance Board Memorandum Staff Report Coda - Class V Site Plan, Landscape Plan, & Architectural Elevations Page 6 Terminal Landscape Island: Pursuant to LOR Section 4.6.16(H)(3)(i) & 0), each row of parking must be terminated by a 5-foot wide landscape island and planted with one shade tree or equivalent number palm trees. The proposed landscape islands adjacent to the compact parking spaces, between the townhouse buildings along S.W. 1st and 2nd Avenues are 3-feet wide. The applicant has submitted a waiver request to reduce the required landscape island widths. The applicant has submitted the following narrative in support of the waiyer: 'The intent of the design is to provide as much parking as practical on the site and to evenly distribute the guest parking for the townhouses throughout the site. The landscape islands are located interior to the site and abut the townhouses. Thus, there will be no impact on the surrounding properties. In essence, the landscape areas will serve as both terminal landscape islands as well as the foundation planting areas for the townhouse buildings with the required landscape material provided within the landscape islands. The reduction will not create an unsafe situation with respect to public safety. As stated previously, the waiver will not adversely affect the neighboring area, and will not affect the delivery of public services. The waiver will not result in a special privilege as similar waivers have been approved under similar circumstances." The proposed infill development is located within the downtown "core" area of the City. The Board has typically supported waivers in the downtown for perimeter and interior landscape strips. It is noted that the proposed development contains a higher density than previously experienced due to the Workforce Housing component. Based on the above, a positive finding with respect to LOR Section 2.4.7(B)(5) can be made. EI ~:.,~ ~"I,;,,C~ '.:",,~ ~', ..' ~ .; . _', .::. :c :: ":. ":.....m~. . . .... '".. ...." --' ""~ ..~,.:...;. '..... .. Pursuant to LOR Section 4.6.18(E), the following criteria shall be considered, by the Site Plan Review and Appearance Board, in the reyiew of plans for building permits. If the following criteria are not met, the application shall be disapproved. a) The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. b) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving enYironment to materially depreciate in appearance and value. c) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. Site Plan Review and Appearance Board Memorandum Staff Report Coda - Class V Site Plan, Landscape Plan, & Architectural Elevations Page 7 Unity of Architectural Desian: With regard to the eleyations of the mixed-use buildings, the Board had concerns with the elevations and requested additional information showing how the mixed-use buildings relate/communicate with the townhomes and suggested some changes to the building. Some Board members felt the mixed-use buildings should incorporate design features that relate more with the town homes and one member suggested the town homes could be designed to be more in keeping with the mixed-use building. While the Board had concerns with the color schemes based on the computer generated colored elevation, the actual color samples will be provided to clarify the matter. Townhomes: With respect to the townhouses, the elevations have been revised to address the City Commission conditions of approval. The windows are varied with respect to size, style, and architectural treatment. The revised plans provide alternating styles of wall mounted light fixtures and garage doors. However, the front doors are all four-panel doors. If the architectural elevations are approved, a condition of approval is attached that alternating styles of doors such as introducing a six-panel door are proYided. The rear elevations have been revised to include additional architectural treatments. The windows include a variety of styles and sizes including the garage door and wall mounted light fixture styles. Mixed-Use Buildinas: 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. Based upon the Board's previous comments concerning the mixed-use buildings, the applicant has requested a waiver the LDR Section 4.4.17(H)(1), which requires the Board to make a recommendation to the City Commission. Waivers: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant has provided the following justification in support of the waiver: Site Plan Review and Appearance Board Memorandum Staff Report Coda - Class V Site Plan, Landscape Plan, & Architectural Elevations Page 8 'The proposed redevelopment of the Lighthouse substance abuse rehabilitation facility will result in the creation of a neighborhood at the edge of the City's central business district. To the north and west are existing institutional uses consisting of the Palm Beach County courthouse parking garage, Library and associated parking lot to the north, and the County courthouse and associated parking lot to the west. Construction is set to begin this year on the 70,000 sq. ft. courthouse expansion south of the existing courthouse, which will extend to approximately S. W. 1st Street. Also, it is anticipated that in the future South County Courthouse parking garage will be expanded, which will result in an approximately 250' wide parking garage facing S. W. 1st Street. The mixed-use buildings are of a contemporary architectural style and of a scale that provides a transition from the existing and proposed institutional structures to the north and the proposed three story townhomes to the south. The proposed mixed-use buildings will be complementary in appearance and scale with the historic district to the east as well as the townhomes. In order to address the Board's comments, the south elevations of the mixed-use buildings (facing the end units of the townhomes) have been modified by reducing the stair tower elements, so they do not extend above the roof line, and by providing openings in the stairtowers, including balconettes at the landings, which provide a more residential appearance. Each mixed-use building is 106' in width, which is less than the width of the 6-unit townhome buildings (120? and the 8-unit townhome buildings (160? The mixed-use buildings will be separated from the townhomes by approximately 65'. This area will contain a parking lot and extensive landscaping. In conjunction with the design of the mixed-use buildings, there is adequate separation and landscaping that provide an aesthetically pleasing transition between the mixed-use buildings and the townhomes. Also, a side building elevation of the mixed use buildings has been prepared (facing S. W. 1st and ;znd Avenues), which contains a variety of design features, including double doors and side lights on the first floor; a projecting canopy on the second floor, which ties into the main roof line of the building; and the stepped- back third floor with large terraces. In addition, the elevation depicts the width of the buildings from S.w. 1st and ;znd Avenues, which is 44', and the building height, which is 35'. These design features provide an elevation that has a residential character, generally compatible in terms of height and scale with the proposed townhomes and the existing structures along 1st and ;znd Avenues. These elevations will also be harmonious with the structures in the surrounding area (existing and proposed), including those within the Old School Square Historic Arts District (OSSHAD) zoning district to the east. It is noted that within the OSSHAD zoning district, for new structures, "the maximum width of a building fronting a street shall be limited to 60' and shall have a minimum separation of 15' between buildings fronting a street in a development site that contains more than one structure.'Tref. LOR Section 4.4. 24(F)(4)}. Also, Site Plan Review and Appearance Board Memorandum Staff Report Coda - Class V Site Plan, Landscape Plan, & Architectural Elevations Page 9 the third floor is required to have to have less square footage than the second floor resulting in the third floor being stepped back in some manner. The elevation facing the OSSHAO district is in keeping with these standards, and therefore will not have a negative impact on the existing or future structures that may be constructed along S.W. 1st Avenue. The proposed waiver will not will not create an unsafe situation with respect to public safety. Further, the waiver will not adversely affect the neighboring area, and will not affect the delivery of public services. While a waiver to this requirement has not been requested in the past, given the circumstances, the design of the site, the separation from the residential uses, as well as the close proximity of the existing and proposed institutional uses, the waiver will not result in a special privilege as the same waiver could be granted under similar circumstances. Based upon the above, a positive finding with respect to LOR Section 2.4.7(B)(5), Waiver Findings, can be made." Staff's Analvsis: The modernistic interpretation of the mixed use 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. Howeyer, 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 shall 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 attractiyeness of the surroundings. The relationship of the modernist architectural style for the mixed-use building does not provide a unity of character or design with the oyerall development (townhouses). A vernacular style similar to the Sundy House or the "Bermuda" style would be more appropriate for this building. Based upon the above, positive findings cannot be made with respect to LDR Section 4.6.18. The Board should recommend denial of the waiver or postpone the recommendation with direction, based on a failure to make a positive finding with respect to LDR Section 2.4.5(B)(5)[Waiver Findings]. The combination of residences and commercial floor area will enhance the sustainability of the downtown area. The proposed development is one of the first deyelopments utilizing the Workforce Housing density bonus program. The proposal involves several waivers and internal adjustments, some of which can be supported. There are several conditions of approyal attached that will ensure compliance with this Workforce Housing program. The proposed development is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with Site Plan Review and Appearance Board Memorandum Staff Report Coda - Class V Site Plan, Landscape Plan, & Architectural Elevations Page 1 0 respect to Section 2.4.5(F)(5) regarding compatibility of the proposed development with surrounding properties, subject to conditions. ...'l~""s;,'~~mc~~~~C;0i!.g. y> ,/" ~^ ^7c,': "L~;;<Z3!!!J!!!f!!!f!E0;';:'0'=~' . f:'~' ." :e... _...$i;;",;>~."./>. ",::;/':<'3:::";"'= A. Postpone with direction. B. Move approval of the request for waivers, internal adjustments, Class V site plan, landscape plan, and architectural elevations for Coda, 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 Comprehensiye Plan and meets criteria set forth in Sections 2.4.5(F)(5), 2.4.7(B)(5), 2.4.7(C)(5), and Chapter 3 of the Land Deyelopment Regulations, subject to the attached conditions of approval. C. Move denial of the request for waivers, internal adjustments, Class V site plan, landscape plan, and architectural elevations for 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 Sections 2.4.5(F)(5), 2.4.7(B)(5), 2.4.7(C)(5), and Chapter 3 of the Land Development Regulations. " ,'",- -," . .. ,~~ ,,'" ',' ",,' '~-""---' . . ..;,', -. . --.. .... By Separate Motions: Internal Adiustments: 1. Deny the internal adjustment to LOR Section 4.3.3(0)(4)(a), to reduce the townhouse offset from 4-feet to 1-foot, based on a failure to make a positiye finding with respect to LOR Section 2.4.7(C)(5). 2. Approve the internal adjustment to LOR Section 4.3.3(0)(3)(c), to reduce the building separation between 3-story townhouse buildings along S.W. 1st Avenue units from 30' to 23', based on a positive finding with respect to LOR Section 2.4.7(C)(5). 3. Approve the internal adjustment to LOR Section 4.6.9(D)(4)(d), to reduce the standard aisle width from 24-feet to 20-feet, based on a positive finding with respect to LOR Section 2.4.7(C)(5). 4. Approve the internal; adjustment to LOR Section 4.6.9(D)(4)(c), to reduce the required 24' wide by 6' maneuvering area at the southwest corner of the site to 20' by 6', based on a positive finding with respect to LOR Section 2.4.7(C)(5). Site Plan Review and Appearance Board Memorandum Staff Report Coda. Class V Site Plan, Landscape Plan, & Architectural Elevations Page 11 Waivers: 1. Recommend denial to the City Commission of the waiver to LOR Section 4.4.17(H)(1). that requires 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, based on a failure to make positiye findings with respect to LOR Section 2.4.7(B)(5). 2. Recommend approval to the City Commission of the waiver to LOR Section 4.6.9(D)(3)(c), reduce the required 50' stacking distance to 33', based on a positive finding with respect to LOR Section 2.4.7(B)(5). 3. Approve a waiver to LOR Section 4.6.16(H)(3)(i) & 0), to reduce the width of the terminal landscape islands between the town homes from 5' to 3', based on a positiye finding with respect to LOR Section 2.4.7(B)(5). Site Plan: Approve the request for a Class V site plan for Coda, 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(F)(5), and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Address all Site Plan and Engineering Technical Items contained in the staff report dated January 25, 2006 and submit four (4) copies of the revised plans. 2. That the building elevations be revised to indicate a maximum height based on the mean elevation of the crown of the adjacent streets. 3. That the workforce housing units are sold in accordance with Article 4.7. 4. That there be no lot premiums charged on the workforce housing units. 5. That the terms of resale of the workforce housing units be included in the deed or restrictive covenant consistent with LOR Section 4.7.8 and recorded in the Public Records of Palm Beach County. 6. That the units to be set-aside as workforce housing be graphically noted on the site plan. 7. That the quality of the workforce units is comparable to the market rate units. 8. That a minimum of 44% of the workforce units be 3-bedroom units. Site Plan Review and Appearance Board Memorandum Staff Report Coda - Class V Site Plan, Landscape Plan, & Architectural Elevations Page 12 9. That the applicant shall report to the Community Improvement Department on buyer eligibility and housing prices. 10. That a dedication of 5-feet be provided for SW 1st Avenue. 11. That the applicant makes every effort to ascertain the feasibility of relocating the contributing structures. 12. That all cantilevered balconies have a maximum 3-foot encroachment. 13. That the widths of the porches are reduced to comply with the 50% maximum building frontage standard. 14. That the City Commission authorize the use of the public parking program for the 19 parking spaces. Landscape Plan: Approve the landscape plan for Coda, by adopting the findings of fact and law contained in the staff report, and a finding that the request meets the criteria set forth in LDR section 4.6.16, subject to the following condition that all Landscape T echnicalltems are addressed and three (3) copies of the revised plans are submitted. Architectural Elevations: Postpone with direction due to current lack of unity of character, non residential look of the office building, and changes resulting from provision of the required 4-foot offset for the townhouses; or . If the architectural elevations are approved, a condition of approval is attached that alternating styles of doors such as introducing a six-panel door are provided. Attachments: Site Plan, Landscape Plan Letter from applicant dated February 8, 2006 Staff Report dated January 25, 2006 s.w. 2ND AVENUE :C'~J1N'.; ~ RM ~ , ~ " ~ .0 a~~ Q'" '"ll g!(l~~, ;;Cl... '"ll~ ~~oa; OlllC..... ::oVlO c:;:..... , ~nm l iil'"'~ ,I, 0 -~~~ ~ " I , , , .( l, , .. ~ , ~ ...",b a~~ 0'" '"ll g!(l~cL ;;Cl..... '"ll~ """'OO~ ,...:;: Vl~ o"'c'" ~g~O c, ~ntIJ iil'"'c r o Z o ~ " ~ - ": ''': !e V _17 S.W. 1ST AVENUE ZC"N"~ ~ cr ,;)""..S = OSSk"~' w .~, ::'~ u :; . " I" ~~ " !ill, !lij ~ ~j~:i . .__ ~. ZN >. l'l -;,x,- ->::-;,-;" ,. ~ . . H! ~~ i~ ~ ~ ~~~ ~ d ,,", '1,,;1, "" ;; :t::'~~ ~:~ ';;~ ~~I~ ~~ n, ~1 }:;~ ~"I' '" n H I j: ' ! ' g' 1111 '~,'b" 'I ,!! ., ..,,~ ,,,.. ",. ." 'I .. ~~rd~"I ~ H ,-." Ji~ ,'. f.iC."" u 'Ij! :;'I~~ . 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DDDDD I ! __----1- ~CJ 1 DODD: : DODD I i ~~~~~: Eli -~t 00000 i ~ DODD~: : == ,; ~~~ LEI J- ClCl I i lbI i DO I I I I i M~ ~ " ;i ~ 'I c z =i m , " ~"".. --~loIATQiJli. I ~' } , ' ~ ;; ;i iO J ," . ii " " .0 "[ oBi"' ,..~!~ " . p" , - 'i ~ _ i CITY COMMISSION DOCUMENTATION 01; ,. ';1 tJ>UI TO: D~A THRU: PAUL DORLlNG, D FROM: JAMES G. CAIN, SENIOR PLA SUBJECT: MEETING OF MARCH 6, 2006 CONDITIONAL USE REQUEST TO ESTABLISH A PARKING AND STORAGE LOT FOR VEHICLES WITHIN THE MIC IMIXED INDUSTRIAL AND COMMERCIAL) DISTRICT FOR MAROONE FORD, LOCATED ON THE WEST SIDE OF WALLACE DRIVE, BETWEEN GEORGIA STREET AND MILFRED STREET. BACKGROUND/PROJECT DESCRIPTION 1 The 1.923 acres of property consists of lots 6, 7, & 8 of Platt's Acres Subdivision and is recorded in Plat Book 21, Page 47 of the public records of Palm Beach County. The proposed 246 space parking and storage lot is to be utilized in association with the Maroone Ford car dealership to the south and east. The parcel will serve as an overflow bullpen parking lot for the existing dealership for its new and used dealer stock. The applicant has submitted the following project description; "The lot will be used for outdoor storage of new and used vehicles for Maroone Ford which is located just south of this project. This lot will help alleviate a shortage of storage space for existing inventory. There will be no additional employees or additional structures associated with it. The vehicles will be stored in "Bullpen" parking configuration and the hours of operation will coincide with the existing dealership. " Outdoor storage of new and used vehicles is allowed as a conditional use within the MIC Zone District and that req uest is before you for approval. PLANNING AND ZONING BOARD CONSIDERATION 1 The Planning and Zoning Board held a public hearing on this request on February 27, 2006. After presentations from Planning Staff and the applicant the Board voted 7-0 to recommend to the City Commission approval of the conditional use request, based upon positive findings with respect to the Comprehensive Plan and Section 2.4.5(E) (5), and Chapter 3 of the land Development Regulations subject to eight conditions of approval identified in the Planning & Zoning Staff report of February 27, 2006. RECOMMENDED ACTION . "1 ::::,,,,,,:<,: By motion, approve the conditional use request to allow for the utilization of lots for the parking and storage of vehicles within the MIC (Mixed Industrial and Commercial) District for Maroone Ford, 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) and Chapter 3 of the Land Development Regulations, subject to the eight conditions of approval identified in the Planning and Zoning Staff report of February 27, 2006. Attachments: P & Z Staff Report of February 27. 2006 q,~ IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR MAROONE FORD ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on March 6, 2006. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for Maroone Ford. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN a. Comprehensive Plan - Future Land Use Element 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 No b. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of CMR (Commerce) and is zoned MIC (Mixed-Industrial-Commercial). Future Land Use - Is project's proposed location consistent with the Future Land Use Map? Yes No d. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No e. Consistency: Will the granting of the conditional use be consistent with and further the goals and policies of the Comprehensive Plan? Yes No II, LDR REQUIREMENTS: a. LDR Section 2,4,5(E) 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. 2 Will Section 2.4,5(E)(5) be met? Yes No b. REQUIRED FINDINGS RELATING TO PARKING AND STORAGE OF VEHICLES: Pursuant to LOR Section 4.4.19(O)(2)(b), garages and lots for the parking and storage of vehicles are allowed as conditional uses provided any outside storage associated with such uses may not be located within one hundred and fifty feet (150') of any property adjacent to an arterial roadway. Does the Applicant meet the requirements set forth in Section 4.4,19(D)(2)(b) to allow parking and outside storage of vehicles? Yes No 3. The comments and notes set forth in the staff report are hereby incorporated herein. Yes No 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 and hereby adopts this Order this _ day of March, 2006, by a vote of in favor and opposed. Jeff Perlman, Mayor ATTEST: Chevelle Nubin City Clerk 3 PLANNING AND ZONING BOARD CITY OF DELRA Y BEACH ---STAFF REPORT --- MEETING DATE: AGENDA ITEM: ITEM: February 27. 2006 IV-B. Conditional Use Request to allow for the parking and storage of new and used vehicles for Maroone Ford Outdoor Vehicle Storage, on a 1.923 acre parcel. The subject property is located at 1320 Wallace Drive which is bounded by Gwenzell Avenue on the west and Wallace Drive on the east. As a further point of reference this is north of Milford Street and south of Georgia Street. (Quasi-Judicial Hearing). GENERAL DATA: Owner/Applicant........................ . Location..................................... . Property Size.............................. Future Land Use Map................ Current Zoning............................ Adjacent Zoning...............North: South: East: West: Existing Land Use...................... Proposed Land Use.................... Water Service............................. Sewer Service............................. s.w. STREET 10TH ~ " < ~,y F t ~ '!! Q"ft PARK TEN ~ ~ oiY .'f l,f ROYAL ALM OR. Maroone Ford (Harry Brumley) 1320 Wallace Drive 1.923 Acres CMR (Commerce) MIC (Mixed Industrial- Commercial District) MIC MIC & AC AC IND Vacant Parking lot for new & used vehicles Existing 10" & 8"water lines along Wallace Drive & Gwenzell Avenue Existing 8" sewer line along Gwenzell Avenue 4t~. ." l.f LINTON CENTRE MAROON FORD MAROON[ NISSAN ~LINTON BLW OUTBACK 95 CIRCUIT! CITY TARGET Planning and Zoning Board Staff Report: Meeting 02/27/06 Maroone Ford Outdoor Vehicle Storage-Conditional Use II ITEM BEFORE THE BOARD II The action before the Board is making a recommendation to the City Commission on a Conditional Use request to allow for the parking and storage of new and used vehicles for Maroone Ford Outdoor Vehicle Storage. The parking and storage of vehicles is allowed as a conditional use per Land Development Regulation Section 4.4.19(D)(2)(b) in the MIC (Mixed Industrial & Commercial District) The property is addressed as 1320 Wallace Drive and is bounded by Gwenzell Avenue on the west boundary of the property and Wallace Drive on the east boundary. For a point of reference this is north of Milford Street and south of Georgia Street. II BACKGROUND :11 The 1.923 acres of property consists of Lots 6, 7, & 8 of Platt's Acres Subdivision and is recorded in Plat Book 21, Page 47 of the public records of Palm Beach County. The proposed car lot is to be associated with the Maroone Ford car dealership to the south and east. The parcel to the south is seeking to use the site as overflow bullpen parking for its new and used dealer stock. A conditional use application has been submitted to establish a parking lot for new and used vehicles for Maroone Ford in the MIC (Mixed Industrial-Commercial zoning district). This conditional use application is now before the Board for consideration and recommendation to the City Commission. II PROJECT DESCRIPTION .' '11 ,...., The request is for a conditional use to allow for the outdoor storage of new and used vehicles in a 246 space parking lot. There is to be no building construction associated with the project so building setbacks are not an issue. The applicant has submitted the following project description: "The lot will be used for outdoor storage of new and used vehicles for Maroone Ford which is located just south of this project. This lot will help alleviate a shortage of storage space for existing inventory. There will be no additional employees or additional structures associated with it. The vehicles will be stored in "Bullpen" parking configuration and the hours of operation will coincide with the existing dealership. " II CONDITIONAL USE ANALYSIS II 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 following four areas. Planning and Zoning Board Staff Report: Meeting 02/27/06 Maroone Ford Outdoor Vehicle Storage-Conditional Use 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 CMR (Commerce) Future Land Use Map (FLUM) designation and is zoned MIC (Mixed-Industrial-Commercial). The MIC zoning is consistent with the CMR land use designation. The proposal is to construct a parking lot for new and used car storage for Maroone Ford. This is allowed as a conditional use in the MIC zone pursuant to LDR Section 4.4.19(D)(2)(b). Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. 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. The development proposal is to establish a bullpen type overflow parking lot for new and used vehicles. The development of the property for use as a parking area will not have a negative impact with respect to concurrency as it relates to traffic. parks and recreation, solid waste, drainage or schools. Water and Sewer: . There are 10" water lines along Wallace Drive and 8" along Gwenzell Avenue which are in place. These are readily available and would require only minor extensions to bring water service to the site for the irrigation of landscaping and cleaning of vehicles. . There is an 8" sewer line which extends the length of Gwenzell Avenue at the west portion of the property. With no buildings planned there would be no need for sewer/sanitation facilities. . Adequate fire suppression can be provided to the site from two existing fire hydrants located to the west across Wallace Drive. The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the adopted Level of Service standards at the City's build-out population based on the current FLUM. The establishment of a new and used car parking lot for overflow storage will not increase the demand on water compared to other Commerce (Industrial. Commercial, Service) uses. Further, similar car related uses existed to the south and east of the property. Based on the above a positive finding can be made that concurrency with the adopted LOS standards will be achieved with the proposed conditional use request. Streets and Traffic: According to the submitted traffic statement. the proposed vehicle storage parking lot would not have an impact or increase A.M. and P.M. peak hour trips. The traffic statement has been transmitted to the Palm Beach County Traffic Division for review. A letter from the Palm Beach County Traffic Division stating that the proposal complies with the Palm Beach County Traffic Performance Standards Ordinance must be provided by the applicant and it is attached as a condition of approval. It is anticipated that the proposal will meet traffic concurrency standards. Based upon the above condition of approval being addressed, a positive finding with respect to traffic concurrency can be made. 2 Planning and Zoning Board Staff Report: Meeting 02/27/06 Maroone Ford Outdoor Vehicle Storage-Conditional Use CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in 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 policy was found: Policy A-2.4 Automobile uses are a significant land use within the City and as such they have presented unique concerns. In order to properly control these uses and guide them to locations which best suit the community's future development, the following shall apply: 4) Automobile dealerships shall be directed to the following areas: . North of George Bush Boulevard, between Federal and Dixie Highways; . East side of Federal Highway north of the north property line of the Delray Swap Shop/Flea Market; . South of Linton Boulevard, between Federal and Dixie Highways; . Between the one-way pairs (Federal Highway), from SE 4th Street to SE 10th Street; and from N.E. 5th Street to George Bush Boulevard; . On the north side of Linton Boulevard, between 1.95 and SW 10th Avenue, and along Wallace Drive. The subject property is located along Wallace Drive to the west and north of existing car dealerships. The requested use is appropriate as it is located in a designated area and will not increase the intensity of the existing similar auto-related uses. SECTION 2.4.5IEl REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), 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 following zoning designations and land uses abut the subject property: Zonina Desianation: Land Use: North: MIC (Mixed Industrial-Commercial) Residential-Sunny Acres Subdivision South: MIC & AC Maroone Ford East: lAC) Automotive Commercial Maroone Dodqe, Maroone Nissan West: IND (Industrial) Georqia Street Industrial Park 3 Planning and Zoning Board Staff Report: Meeting 02/27/06 Maroone Ford Outdoor Vehicle Storage-Conditional Use The proposed new and used vehicle parking for Maroone Ford is compatible with the existing adjoining zoning and with the adjoining existing land uses except for the residential land uses to the north (Sunny Acres). Adequate perimeter buffering and landscaping requirements to screen the property will be required. To mitigate any potential impact to the residential land uses to the north. alonq the north property line one tree shall be planted for everv 25 feet to form a solid tree line (LOR Section 4.6.16(H) (3) (e). This is attached as a condition of approval for the conditional use request that this requirement be met with the site plan submittal to the Site Plan Review and Appearance Board (SPRAB). In addition, a perimeter landscape buffer or wall with a heiqht equal to or exceedinq the heiqht of all vehicles stored in the parkinq lot will be required for screeninq. This is also attached as a condition of approval for the conditional use that this requirement be met with the site plan submittal to SPRAB. Provided these conditions will be met a positive finding can be made that the proposed conditional use will not have a detrimental effect on the stability of the neighborhood nor that it will hinder development or redevelopment of nearby properties. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. LDR Section 4.4.19(D)(2)(b) Pursuant to LOR Section 4.4.19(O)(2)(b), garages and lots for the parking and storage of vehicles are allowed a conditional uses provided any outside storage associated with such uses may not be located within one hundred and fifty feet (150') of any property adjacent to an arterial roadway. There are no arterial roadways within 150 feet of this site and this requirement has been met. LDR Section 4.4.19(H)(2) Pursuant to LOR Section 4.4.19(H)(2), within the front yard setback, the first ten feet (10') abutting the Wallace Drive right-of-way shall be a landscaped berm area within which no paving shall be allowed except for driveways and walkways leading to the vehicle parking area. Such driveways and walkways shall be generally perpendicular to the property line. This is provided on the site plan. LDR Section 4.3.4(H)(6)(b)(1) SDecial LandscaDe Setback: Pursuant to Section 4.3.4(k), 25% of non-vehicular open space is required. The proposed parking lot site is deficient with regard to the required total open space in the MIC as the proposed plan provides 23.7% open space, primarily as a perimeter buffer (18,414 out of 21,250 square feet of landscaping) within the interior of the site. This is attached as a condition of the conditional use approval that the landscape plan and site plan submitted to SPRAB provide a minimum of 25% open space. LDR Section 4.6.6(C)(2) Outside StoraQe: Pursuant to LOR Section 4.6.6 (C)(2): (1) Materials and equipment stored outside must be screened from view from adjacent public rights-of-way in a manner approved by the Site Plan Review and Appearance Board. (2) It is not intended that sales or customer service be conducted in an area designated for storage areas. These are attached as conditions for the conditional use approval. 4 Planning and Zoning Board Staff Report: Meeting 02/27/06 Maroone Ford Outdoor Vehicle Storage-Conditional Use LDR Section 4.6.16(H1l3)1il Minimum Landscaoe Reauirements: Pursuant to LOR Section 4.6.16(H)(3)U), each row of parking spaces shall be terminated by landscape islands which contain a minimum of seventy-five (75) square feet of plantable area, with a minimum dimension of five feet, exclusive of the required curb, and shall be placed at intervals of no less than one landscape island for every ten (10) parking spaces. The site plan does not meet this requirement and will need to be satisfied for site plan approval. This is attached as a condition of the conditional use approval that this requirement be met with the site plan submittal to SPRAB. LDR Section 4.6.8 Liahtina The issues arise with the requirement for the lighting of the overall site in which the maximum averaqe illumination cannot exceed 4.0 foot-candles. The photometric plan submitted shows a maximum of 5.82. The revision of the photometric plan to reduce the uniform lighting to a maximum of 4.0 foot-candles is required and attached as a condition of the conditional use approval. The photometric plan also does not scale the concrete pole detail to determine if the light pole and light fixture combined meet the 25 foot requirement. The concrete pole detail must be modified to include a scale to determine compliance and is also attached as a condition of the conditional use approval. LDR Section 5.3.lID) Riaht-of-Wav Dimensions: Gwenzell Drive is considered a Local Commercial/Industrial street requiring a 60 foot wide right- of-way. The applicant had asked the Development Services Management Group to consider a reduction in the required right-of-way dedication from 60 to 50 feet per LOR Section 5.3.1 (0)(4) STREET TYPE WIDTH IN FEET County Collector 80 City Collector 80 Local Commerciall 60 Industrial Street Local Residential Street . Without Curb and Gutter 60 . With Curb and Gutter 50 (4) Reduction in Width: A reduction in the required right-of-way width established in Subsection (0)(2), above, may be granted by the body having the approval authority of the associated development application in developments in which new streets are created. For existing streets, reductions in right-of-way width may be granted by the City Engineer upon a favorable recommendation from the Development Management Services Group (DSMG). Reductions in the required right-of-way width may be granted pursuant to the following: [Amd. Ord.29-98 8/18/98] (a) The reduction is supported by the City Engineer. Nonsupport by the City Engineer may be appealed to the City Commission. [Amd. Ord. 9-02 3/5/02] 5 Planning and Zoning Board Staff Report: Meeting 02/27/06 Maroone Ford Outdoor Vehicle Storage-Conditional Use (b) That requiring full dedication would constitute a hardship in a particular instance and that all required improvements will be provided in a manner which will not endanger public safety and welfare (c) That acceptable, alternative provisions are made to accommodate features which would otherwise be accommodated within the right-of-way e.g. alternative drainage systems, alternative pedestrian walkways, alternative on-street parking, et The Development Services Management Group met on 2-16-06 and approved the right-of-way reduction from 60 to 50 feet for Gwenzell Drive. II REVIEW BY OTHERS .. II The development proposal is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Public Notice: Formal public notice has been provided to property owners within a 500-foot radius of the subject property. Letters of objection. if any. will be presented at the Planning and Zoning Board meeting. Courtesv Notice: Courtesy notices have been provided to the following homeowner's associations. which have requested notice of developments in their areas: 1. President's Council 2. South ridge HOA 3. Woods of South ridge HOA 4. Progressive Residents of Delray 5. Neighborhood Advisory Council II A 5 5 E 5 S MEN T AN 0 CON C L U 51 ON II The proposal requests a Conditional Use approval for the parking and outdoor vehicle storage of new and used vehicles at 1320 Wallace Drive for Maroone Ford. The 1.923 acre site is to be used in conjunction with the Maroone Ford dealership to the south as a bullpen overflow parking area. No building construction is proposed. Provided the conditions of approval are addressed. the proposed use will be consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Subject to meeting the required conditions of approval. positive findings can also be made with respect to Section 2.4.5(E)(5) that it will not have a significantly detrimental effect upon the stability of the neighborhood not will it hinder development or redevelopment of nearby properties. II ALTERNATIVE ACTIONS '11 A. Continue with direction. 6 Planning and Zoning Board Staff Report: Meeting 02/27/06 Maroone Ford Outdoor Vehicle Storage-Conditional Use B. Move a recommendation of approval of the request for the Conditional Uses to provide a 253 space parking lot for new and used vehicles for Maroone Ford., 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), and Chapter 3 of the Land Development Regulations, subject to conditions. C. Move a recommendation of denial of the request for the Conditional Uses to provide a 253 space parking lot for new and used vehicles for Maroone Ford., by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(E) (5), and Chapter 3 of the Land Development Regulations II R E COM MEND E DAC liON II Move a recommendation of approval of the request for the Conditional Use to provide a 253 space parking lot for new and used vehicles for Maroone Ford., 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), and Chapter 3 of the Land Development Regulations, subject to the following conditions. 1. That a letter from the Palm Beach County Traffic Division stating that the proposal complies with the Palm Beach County Traffic Performance Standards Ordinance must be provided by the applicant. 2. Provide site lighting photometric plan in compliance with the 4.0 Foot-candles maximum illumination level per LDR Section 4.6.8(c) and scaled detail showing compliance with the maximum height requirement of 25 feet. 3. A perimeter landscape buffer or wall with a height equal to or exceeding the height of all vehicles stored in the parking lot will be required for screening. Provide buffer or wall details and statement of the specific height of the buffer or wall and the vehicles stored in the parking lot. 4. Require one tree to be planted for every 25 feet to form a solid tree line along the perimeter of the north property line per LDR Section 4.6.16(H)(3)(e) 5. Provide a minimum of 25% non-vehicular open space. 6. Materials and equipment stored outside must be screened from view from adjacent public rights-of-way in a manner approved by the Site Plan Review and Appearance Board. 7. Sales and customer service will not be conducted in the vehicle parking lot. 8. Revise site plan for interior landscaping to be compliant with LDR Section 4.6.16(H)(3)(i) & 0), requiring each row of parking spaces to be terminated by landscape islands. Attachments: . Location Map . Site Plan Report Prepared By: James G. Cain, AICP Senior Planner 7 !!i -< -< < "",,' 1;;" I *-,,9 *-,,9 ~ ~ ~ '" Q'<~ Q'<~ 'V PARK TEN ~ ~ LINTON CENTRE I -'---l rl \ N CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTt.tENT -- DIGITAL BASE MAP SYSTEM -~ I ROYAL w > !!i !!i < < < ~ rn ~ I I ~ ~ ~ ~ ~ S.W. 11TH ST. Etj~ ~ ~ THE GRO VES ... ~ PARK TEN JRO AOO. ~ w ~ '3 w o z ;0 >-'< Co'" Co'" f"'Q "'~ '" ~~ "'", "'", 00 ~~ ~ MAROONE FORD .. 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"I o o .~ N !I!I!li>j!III!l ',I ~m Ij!l~ji ~i ;jl L' :z: ~ II ! -~ ~; H ~: .~,;>'~lii~Q~ ..! ;s ~ ~ ; H)o ~ I !&l ; n 1 ~~ i, .F: ~" ....:<l H IE ~ l! ~~ .. ,," M 0 ~ ~ u :J::gJ o H" n_ qn o. In. I; h FROM: ~'A EN P RLlN . ESTELlO BRET , TOR OF PLANNING AND ZONING TO: THRU: SUBJECT: MEETING OF MARCH 6, 2006 CONDITIONAL USE REQUESTS TO ALLOW A DENSITY IN EXCESS OF 12 UNITS PER ACRE (12.40 DUlAC PROPOSED) IN THE SOUTHWEST AREA NEIGHBORHOOD OVERLAY DISTRICT IN ACORDANCE WITH THE PROVISION OF THE CITY'S FAMIL YIWORKFORCE HOUSING ORDINANCE. THE REQUEST IS IN CONJUNCTION WITH 14TH AVENUE TOWN HOMES, A PROPOSED 24-TOWNHOME UNIT. RESIDENTIAL DEVELOPMENT LOCATED ON THE EAST SIDE OF SW 14TH AVENUE, BETWEEN SW 1ST STREET AND SW 2ND STREET. ~~t?~ The conditional use request is associated with the establishment of a 24-unit townhouse residential development, known as 14th Avenue Townhomes. The development proposal consists of the demolition of six (6) existing duplex structures (twelve units); the construction of 24-unit workforce housing residential townhomes with two car garage; construction of 12 parallel parking spaces along SW 14th Avenue; and associated landscaping. A conditional use approval has been requested to allow a density to exceed 12 units per acre (12.40 du/ac is proposed) as allowed in accordance with the provision of the City's Family/Workforce Housing Ordinance. A detailed description and analysis of the proposal is contained within the attached Planning and Zoning Board staff report of February 27, 2006. _'f__E~~ . """",,',.__ ,,', h, '",. ',_'::lL", ,_,'" ~,:." .-,."'~""":',""'",,,,^,^, ~...<.,-,._*._."." '.',~.,-~ "-,.'~"""",,,,%~,,"'-" ,",. .. At its meeting of February 27, 2006, the Planning and Zoning Board held a public hearing in conjunction with the conditional use request. Presentations were made by staff and the applicant. One member of the public (Ms. Caroline Young) expressed her concerns on how the proposed on street parking would affect the current street configuration. After a brief discussion and acknowledgement for the need of this type of development, the Board moved a recommendation of approval of the conditional use request (allowing a density of 12.40 du/ac) on a unanimous vote of 7-0, by adopting the findings of fact and law contained in the staff report. Move a recommendation of approval of the conditional use request to allow for a density in excess of 12 units per acre (12.40 du/ac) for 14th Avenue Townhomes, 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) [Conditional Use Findings], 4.4.6(1) [Performance Standards], Article 4.7 [Family/Workforce Housing] 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 February 27. 2006 qE IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR 14th AVENUE TOWNHOMES ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on March 6, 2006. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for 14th Avenue Townhomes. 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 c. Consistency: Will the granting of the conditional use be consistent with and further the goals and policies of the Comprehensive Plan? 1 Yes No II. LDR REQUIREMENTS: a. LDR Section 2.4.5(El Reauired Findinas: (Conditional Usel: 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 Housinal: 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. 2 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 set forth in the staff report and hereby adopts this Order this _ day of March, 2006, by a vote of in favor and opposed. Jeff Perlman, Mayor ATTEST: Chevelle Nubin City Clerk 3 LDR 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 DELRA Y BEACH ---STAFF REPORT --- February 27, 2006 IVA Conditional Use Request for 14th Avenue Townhomes To Allow an Increase In The Residential Density Above 12 Dwelling Units Per Acre (12.40 Du/Ac Proposed) Pursuant To The City's Family/Workforce Housing Program, Located South Side of SW 14th Avenue, Between SW 1st Street and SW 2nd Street. MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: Applicant....... .............. Perez Design, Inc. Agent. ... . .. .... .. . .. .... .. ... City of Delray Beach Community Redevetopment Agency Owner. ..... .... .. .. .. ... .. ... City of Delray Beach Community Redevelopment Agency Location.......................... East side of SW 141h Avenue, Between SW 1 sl Street and SW 2nd Street Property Size.................. 1.94 acres Future Land Use Map..... MD (Medium Density 5-12 du/ac) Current Zoning............... RM (Medium Density Residential) Adjacent Zoning....North: RM (Multiple Family Residential) East: RM (Multiple Family Residential) South: R-1-A (Single Family Residential) West: RM (Medium Density Residential) Existing Land Use.......... Six Vacant Lots and Six Multiple Family Strucutres Proposed Land Use........ Conditional Use Request To Increase The Residential Density Greater Than 12 DulAc (12.40 DulAc), Pursuant To The City's FamilylWorkforce Housing Program Water Service................. Water service is available via service lateral connections to an existing 8" water main located within the SW 14th Avenue right-of-way. Sewer Service................ Sewer service is available via service lateral connection to an existing 8" sanitary sewer main within the SW 14th Avenue right-of-way < POMPEY PARK . z '~~~ . A TLAN TIC A VENUE GA rEWA Y MINI PARKS ~Qi s.w. 1ST ST. ~ z s.w. 2ND . . . - s.w_ JRO SL N DELRAY FULL SER e[N fER 1\., " The action before the Board is making a recommendation to the City Commission on a conditional use request for 14th Avenue Townhomes to allow an increase above 12 dwelling units per acre [LOR Section 4.4.6(D)(12)] (12.4 du/ac proposed), pursuant to LDR Section 2.4.5(E). The property is located on the east side of SW 14th Avenue between SW 1st Street and SW 2nd Street. The property consists of tots 1 through 12, Lincoln Atlantic Park Gardens, Plat Book 23, Page 226, Palm Beach County. The area of the property totals 1.94 acres and is zoned RM (Medium Density Residential). The property contains six (6) multiple family structures that were built in 1954 and six (6) vacant lots. The development proposal includes the demolition of the existing structures and construction of 24 two-story townhouse units. The conditional use request is to allow an increase in density above 12 units per acre in the Southwest Area Neighborhood Overlay District (12.4 units per acre proposed) in accordance with the provisions of the City's Family/Workforce Housing Ordinance. The conditional use application is now before the Board for consideration. . j};", , '," "', ' .: ,", ,",,- k f:",~ -.." '... L' . '__ ~, . w_.. ...', ',_',' '.. ... ""H':" ,'"...,,=-.,>,.,..., ~..'.,. -",,~~:,...'.. .'.,' -"....- 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 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 is zoned RM (Medium Density Residential). The RM zoning district is consistent with the MD Future Land Use Map designation. Pursuant to LDR 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 Family/Workforce 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. Planning and Zoning Board Staff Rep",," Meeting of 02/27/06 14th Avenue Townhomes - Conditional Use Request Page 2 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 14th Avenue right-of-way. There are two (2) fire hydrants within close proximity to the subject property - one on the east side of SW 14th Avenue and another on the southwest corner of SW 14th Avenue and SW 2nd Street. Sewer service is available via service lateral connection to an existing 8" sanitary sewer main within the SW 14th Avenue right-of-way. 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. DrainaCle: A conceptual 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 will generate two (2) peak a.m. net new vehicle trips. A letter from the Palm Beach County Traffic Division indicating that the proposed project meets concurrency with the Palm Beach County Traffic Performance Standards Ordinance has been received. Per the Palm Beach County Traffic Performance Standards Ordinance, residential projects located east of 1-95, are exempt from traffic concurrency. 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 $12,000 will be required of this development. Solid Waste: There are 6 single family residences currently located on the subject property which generate 11.4 (6 units x 1.9 tons = 11.4) tons of solid waste per year. The proposed 24 townhome units will generate 20.8 tons of solid waste per year (24 units x 0.52 tons = 12.48 tons). Therefore, the proposed development will generate 1.08 net tons of solid waste per year. 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: A letter from the Palm Beach County School District indicating that the proposed development meets concurrency standards is required, and thus, it is attached as a condition of approval. 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 Planning and Zoning Board Staff Rep", ,; Meeting of 02127/06 14'" Avenue Townhomes - Conditional Use Request Page 3 basis upon which a 'finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies that are relevant to the Conditional Use application 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 townhomes will be complimentary to the existing development pattern in the neighborhood. The additional residential units 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, 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 six older existing houses on the subject property that are considerably deteriorated. 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 10" 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 "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 #1. This sub-area extends from 1-95 to S.W. 8th Avenue, and from Atlantic Avenue to S.W. 3m Street. Sub-area #1 is identified as "infill area" consisting of relatively stable residential neighborhoods that are experiencing some deterioration. The Southwest Area Neighborhood Redevelopment Plan recommends that sub-area #1 be redeveloped with a neighborhood serving commercial activity center along Atlantic Avenue, and a mixture of multi-family housing (apartments/townhomes), single family homes, and green spaces. Planning and Zoning Board Staff Rep",,; Meeting of 02/27106 14th Avenue Townhomes - Conditional Use Request Page 4 The development proposal provides a townhouse type of development which is comprised of exclusively workforce housing. The envisioned development will likely improve the safety of the area as well as its long term stability. It will introduce new housing units to the area and strengthen nighttime security providing more "eyes on the street" as a deterrent to criminal behavior, which 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. The Southwest Area Neighborhood Redevelopment Plan also recommends that redevelopment in sub-area #1 be implemented by building upon traditional models of town development and architecture to enhance neighborhood character and create a sense of place. The proposed development does provide a sense of place through its use of neo-traditional architectural design. The front porches will provide a contact, conversation, and gathering place for the residents. The proposed porches will also provide a sense of place for passive recreation and community living. Housinq 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. 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 development will replace severely deteriorated housing with 24 townhouses. The provision of workforce housing within the proposed development will assure that affordable housing will be maintained within the neighborhood. Safety, habitability and stability of the neighborhood should be significantly improved by introducing additional homeowners into the area. PERFORMANCE STANDARDS FOR DENSITY INCREASE: LOR 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 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 Planning and Zoning Board Slaff Rep"... Meeting of 02127/06 141h Avenue Townhomes - Conditional Use Request Page 5 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 24 townhouses have been oriented to front on SW 14'" Avenue. To reduce speeds and increase the element of safety, it is recommended and attached as a condition of approval that a paver-block raised speed table be located on SW 141h Avenue, 250' feet south of the north property line. This proposed traffic calming measure should be an adequate means to control speed in both directions on SW 14'" Avenue. The proposed development will comply with this performance standard provided the condition of approval is addressed. (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 installation of twenty four (24) fee simple townhouse units in three (3) two-story buildings. Despite the narrow configuration of the lot, which has a width of 137.2' and a length of 614.41', the proposed tw~story buildings have been placed on the site in a manner that maximizes the view of the proposed streetscape open spaces, walkways, and driveways along SW 14'" Avenue and the east alleyway. The townhouse units are staggered and provide variation in the front elevations. Different plane changes Planning and Zoning Board Staff Repc..; Meeting of 02/27/06 14'h Avenue Townhomes - Conditional Use Request Page 6 add visual interest to the roof line. This provides a harmonious rhythm to the building and a more visually attractive appearance. These features will help lessen the potential perception of massing of the development. Thus, the proposed development complies with this performance standard. (c) Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas. Building setbacks are increased by at least 25% of the required minimum; at least one tree per 30 linear feet (or fraction thereof) is provided; trees exceed the required height at time of planting by 25% or more; and a hedge, wall or fence is provided as a visual buffer between the properties. The surrounding residential zoning to the west, east and north is the same as the subject property RM (Multiple Family Residential - Medium Density). However, to the south of the subject property, the zoning is R-1-A (Single Family Residential). The setback for the end townhouse unit has been increased by more than 25% (19'-3" is proposed) along SW 2nd Street for 70% of the end unit frontage. In addition, the applicant has accordingly increased and enhanced the landscaping required along the south property line to provide a meaningful separation between the Single Family Residential (R-1-A) district and the proposed development; this landscape buffer consists of Geiger and Silver Buttonwood trees planted 30 feet on center. Further, the placement of a lower structure (one-story vs. two-stories) toward the south property line provides additional protection. The proposed townhouse units are infill development and additional mitigation is provided by the separation of the residential units to the south by the SW 2nd Street right-of-way. Thus, the proposed development complies with this performance standard. (d) The development offers a varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi-family buildings, the planes of the facades are offset to add interest and distinguish individual units). Building elevations incorporate diversity in window and door shapes and locations; features such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. The proposed streetscape incorporates building offsets as well as variations in the roofline. The roofline is a combination of gable and hip roofs. Diversity among the windows will be accomplished with the provision of five (5) different windows shapes. The front elevations of the buildings contain the entries to individual units with alternating designs and neo- traditional porch areas. The garages and driveways are provided to the rear of the buildings. However, to help set apart and distinguish each individual unit, the two-car garage doors should alternate colors coordinated with the proposed building color and door design style; thus, this is attached as a oondition of approval. The architectural elevations include many features and design elements, such as: decorative black aluminum shutters, balconies with black aluminum railing, aluminum French doors, deoorative wall mounted fixtures, decorative stucco oolumn base and capital, and rectangular and arch top louvered vents. All three buildings have two story roof lines except for the end units that feature a one story roof line. The proposed buildings will have light texture oolor stucco finishes. The proposed architectural style (Neo-Traditional Florida Neighborhood style), with three different colors (white, light green and orange) to distinguish individual townhome units, will create the varied streetscape and building design required by this performance standard. The proposed development will comply with this performance standard provided the oondition of approval is addressed. Planning and Zoning Board Staff Rep<-. ,; Meeting of 02127/06 14th Avenue Townhomes - Conditional Use Request Page 7 (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 project provides three and four bedroom units along with two car garages. There are two different size three-bedroom units with different floor plans, (1,536 square feet and 1.361 square feet) and one size four-bedroom unit (1,736 square feet). Variety has been provided in term of the size of the units to accommodate households of various sizes and ages. Family size and income level on the Southwest Neighborhood Redevelopment Area does not indicate a demand for one or two bedroom units. and thus, such type of units are not provided. Based upon the above, this standard has been accommodat~d. (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. This is a redevelopment project. Since the site has already been disturbed, no natural areas exist on site to be preserved. Given the fact that the property will be divided into fee simple lots and the small scale of this project, it is not practical to provide common open space for native habitat. It is noted. however, that the project does provide a substantial amount of open space along the north, south, and west property line and between the buildings which incorporates required native vegetation into the design. Based upon the above, this standard has been accommodated. (g) The project provides a convenient and extensive bicycle/pedestrian network, and access to available transit. The development provides a walkway pedestrian system that links each unit to the public sidewalk system. This performance standard has been met. Based on the above, positive findings can be made with respect to all seven (7) performance standards. Therefore. the performance standard requirements of the RM zoning district have been adequately addressed to support the proposed density of 12.40 units per acre. WORKFORCE HOUSING STANDARDS FOR DENSITY INCREASE: LOR Section 4.7.3 - Provision of Workforce HousinQ Units: Developers will be awarded density bonus units (additional market rate units), beyond the base number allowed per existing zoning ordinance after performance standards have 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. Planning and Zoning Board Staff Repv. ,: Meeting of 02/27/06 14th Avenue Townhomes - Conditional Use Request Page 8 . 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 Densitv Bonus Proqram for the Southwest Neiqhborhood Overlav 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 VERY LOW 60% LOW 80% - 61 % MODERATE 120"1. -81 % BONUS PER WORKFORCE UNIT PROVIDED 4 3 2 OPTION SALE VERY LOW 60% LOW 80% - 61 % MODERATE 120% -81 % BONUS PER WORKFORCE UNIT PROVIDED 3 2 1 OPTION RENT 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 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 Family/Workforce 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. Planning and Zoning Board Staff Re""... Meeting of 02/27/06 14th Avenue Townhomes - Conditional Use Request Page 9 There are 24 dwelling units proposed within the subject property (1.94 acres). This equates to an overall density of 12.40 dwelling units per acre. To support the increased density, one (1) bonus unit is needed. To obtain this bonus at least one unit must be affordable low to moderate income. The applicant has indicated that all 24 townhouse units will be workforce housing for low to moderate income families. Based upon the above, an increase in density to 12.40 units per acre can be granted. For Sale Housinq 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. 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 been put into place on the resale of workforce housing. A condition of approval is attached that the terms of resale of these units, pursuant to LDR Section 4.7.8, be included in the deed or restrictive covenant and recorded in the Public Records of Palm Beach County. Workforce Housinq General Provisions Lot Premiums: Pursuant to LDR Section 4.7.9(e), there shall be no lot premiums charged on the workforce housing units, and thus, this is attached as a condition of approval. Covenants Enforcement: Pursuant to LDR Section 4.7.9(g), the City of Delray Beach, its suocessors and assigns may enforce the covenants. No amendments to the covenants shall be made unless by written instrument approved by the City; thus, this is attached as a condition of approval. 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 2.4.5lEI - 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: Planning and Zoning Board Staff Repv... Meeting of 02127/06 14'h Avenue Townhomes - Conditional Use Request Page 10 " 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, east, and west side by RM (Multiple Family Residential) zoning district and to the south by R-1-A (Single Family Residential). The adjacent land uses include: single family structures to the north; single family residential to the south; multiple family structures to the west; and single family residences across the alley to the east. The proposed townhouses will be compatible with the single and multiple family development patterns that prevail in the neighborhood. The additional residents should improve the stability of the neighborhood by increasing the number of "eyes" in the neighborhood. The proposed development is the first municipal government promoted development in the area. The development activity should have a positive effect on redevelopment of neighboring properties. Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(E) (5) for the conditional request to increase the density to 12.4 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 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) for a three story, or greater, structure. The proposed separation between the two story townhouse buildings along SW 14th Avenue is 25 feet. Thus this LOR requirement has been met. Southwest Neiqhborhood Overlay District Development Standards: Pursuant to LOR Section 4.4.6(F)(3)(a), within the Southwest Neighborhood Overlay District, the following development standards apply to duplex and multi-family development which are being developed pursuant to the Family/Workforce Housing Ordinance: Front (SW 14 Avenue) Side Street (SW 1 S Street) Side Street (SW 2" Street) Rear (Alley) The proposed development meets or exceeds the setback requirements. Therefore this LDR requirement has been met. Planning and Zoning Soard Staff Re!,<-", Meeting of 02127106 14'h Avenue Townhomes - Conditional Use Request Page 11 Design Standards: Pursuant to LDR Section 4.3.3(O)(4)(a), no more than two townhomes may be constructed without providing a front setback of not less than four (4) feet offset front to rear. The proposed offsets are between 4 and 5 feet. Therefore, this LDR requirement has been met. LOR Section 4.3.4/KI 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: Three Bedroom Unit Four Bedroom Unit 1,250 sq.ft. 1,500 sq. ft. 40% 25% 1,361-1,536 sq.ft. 1,735 sq.ft. 40% 41.1% The table above 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: Recreational Amenities: 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 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. The Southwest Area Neighborhood Redevelopment Plan calls for the implementation of recreational facilities known as pocket parks throughout the area where it is appropriate. The project is located in an urban environment and it is located approximately 2,000 north of Catherine Strong Park and about 2,000 feet south of Pompey park. Recreational opportunities for older children such as the community center and tennis center are located approximately a mile away from the proposed development. The proposed development will include less than 25 units (only 24 townhouse units are being proposed). Based on the above, it is reasonable to exempt the development from providing recreational features. Parking Requirements: Pursuant to LDR Section 4.6.9(C)(2)(c), two or more bedroom dwelling units shall provide two (2) parking spaces per unit and one-half (0.5) spaces of guest parking per unit for the first 20 units, plus 0.3 guests spaces per unit for units 21 to 50. 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. Based on the above, the twenty four (24) unit development is required to provide fifty nine (59) total parking spaces. Planning and Zoning Board Staff Rep~... Meeting of 02/27/06 14th Avenue Townhomes - Conditional Use Request Page 12 o The development proposal will provide a total seventy-two (72) parking spaces. Within Buildings #1, 2, and 3, forty-eight (48) parking spaces are provided within 24 - two car garages, and an additional space is provided within each driveway as guest parking. In addition, twelve parallel parking spaces are being proposed along the SW 14th Avenue right-of-way. Therefore, this requirement has been met. 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 2-feet has been approved by the Development Services Management Group (OSMG) and will be required for the alley located to the rear of the property. The area to be dedicated has already been shown on the site plan. A condition of approval is attached that the 2-feet dedication be executed as part of the platting process. Pursuant to LDR Section 5.3.1 and the Transportation Element of the City's Comprehensive Plan, the ultimate right-of-way width for SW 14th Avenue, SW 1st Street, and SW 2nd Street 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 width. The City Engineer and DSMG have reviewed the request for a reduction in right-of-way width and have determined that a reduction in right-of-way width to 50' would be acceptable for these sections of SW 14th Avenue, SW 1st Street, and SW 2nd Street. 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 east side of the subject property is totally unimproved at present. Therefore, based upon the above, the project is responsible for payment of one-half the costs of improvement of the alley and this is being attached as a condition of approval. Lighting: Pursuant to LOR 4.6.8 (Lighting), site lighting must be provided. A site lighting and photometric plan has been provided to ensure compliance with LOR Section 4.6.8. Twenty-four (24) wall mounted fixtures are shown on the elevations above the garage doors along the alleyway. An additional 24 wall mounted fixtures are depicted on the porches along SW 14th Avenue. Details of the wall mounted light fixtures have been provided; thus, this LDR requirement has been met. Underground Utilities: Pursuant to LDR Section 6.1.8, utility facilities serving the development shall be located underground throughout the development. A note to this effect has been placed on the site plan. Plat: As the development proposal will require the combination of individual properties as well as right-of-way dedication along the alley, a plat must be processed and recorded prior to issuance of a building permit; and thus, this is attached as a condition of approval. Planning and Zoning Board Staff Relk-'" Meeting of 02127/06 14th Avenue Townhomes - Conditional Use Request Page 13 Elevations Architectural Design: In order to accentuate the neo-traditional neighborhood style of architecture, the applicant may want to consider using additional design elements to clearly distinguish and identify each unit individually in the rear elevations. Alternating rectangular and arched stucco bands, with a wall mounted decorative light fixture above the garage door is proposed. However, the two-car garage doors should alternate door design style and colors coordinated with the proposed building color; thus, this is attached as a condition of approval. Visibility Triangles: Pursuant to LDR Section 4.6.14(A), when an access way intersects a public rights-of-way or when the subject property abuts the intersection of two or more public right-of-way, triangular areas shall provide unobstructed cross-visibility. Visibility triangles have been depicted on the site plan and landscape plan; thus, this LDR requirement has been met. Garage Driveways: Per 4.6.16(H) (3) (d) a landscape barrier shall be provided between the off-street parking area or other vehicular use area and abutting properties. A continuous hedge and at least one (1) tree shall be provided for every thirty (30) linear feet of such landscaped barrier. This landscaped barrier shall be a planting strip of not less than five (5) feet in width excluding curbing. The width of the proposed planting strip between the driveways and the required trees does not meet the minimum requirements. It appears that a landscape strip width of 4' is being proposed. The applicant needs to revise the site plan to comply with this requirement or alternatively request a waiver to this LDR requirement; thus, this being attached as a condition of approval. '. - ,'-. '" ". .' . : --...-'" Community Redevelopment Aaency (CRA): At its meeting of February 8, 2006, the CRA reviewed the conditional use request and recommended approval of the conditional use request. 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: )> George Florence )> Jerry Franciosa, Progressive Residents of Delray (PROD) )> Carol Zimmerman, President's Council )> Charles Ridley Planning and Zoning Board Staff Rep,-,,,: Meeting of 02/27/06 14th Avenue Townhomes - Conditional Use Request Page 14 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. '. . '". ...'.. " . ; -'.: _J. -" -. _ -".._ . ,-" - . _ _ i _ ......... _,', '. ._, . ..s-:iS4.\. .... 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). The applicant proposes to provide 24 low and moderate income workforce dwelling units within the development in compliance with LDR Section 4.7 Family/Workforce Housing. 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 also be made with respect to LDR Section 2.4.5(E)(5) regarding compatibility of the proposed development with the surrounding properties. -- 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 12.40 dwelling units per acre for 14th Avenue Townhomes, 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[Family/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 12.40 dwelling units per acre 14th Avenue Townhomes, 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(1)[Performance Standards], Article 4.7 [Family/Workforce Housing] and Chapter 3 of the Land Development Regulations. Move a recommendation of approval to the City Commission for the conditional use request to allow for a density increase to 12.40 dwelling units per acre for 14th Avenue Townhomes, 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 [Family/Workforce Housing] and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Approval of a site plan by SPRAB that is in general conformance to the submitted site plan and addresses the "Exhibit "A" - Technical Items and conditions of approval attached in the staff report; 2. That a paver-block raised speed table be located along SW 14th Avenue 250' feet south of the north property line; Planning and Zoning Board Staff Rep"... Meeting of 02127106 14'h Avenue Townhomes - Conditional Use Request Page 15 3. That a plat must be processed and recorded and the 2 feet dedication along the alley be executed prior to issuance of a building permit; 4. That the two-car garage doors should alternate door design style and colors coordinated with the proposed building color; 5. That the applicant reconfigure the driveways leading into the garages as to provide a 5' width landscape strip (excluding of curbing) separation between driveways or alternatively request a waiver to this LOR requirement during the site plan review process; 6. That the project is responsible for providing one-half of the current costs (in cash funds) of improvements for the alley located along south property line 7. That the workforce housing units are sold in accordance with Article 4.7.7; 8. 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; 9. That the applicant shall report to the Community Improvement Department on buyer eligibility and housing prices; 10. That no amendments to the covenants shall be made unless by written instrument approved by the City; 11. That a letter from the Palm Beach County School District indicating that the proposed development meets concurrency standards be provided; 12. That no lot premiums be charged on the workforce housing units; and 13. That a composite utility plan be provided with the site plan application. Attachments: Exhibit "A", Site Plan, Landscape Plan, Elevations, Location Map Report prepared by: Estelio Breto. Senior Planner Planning and Zoning Board Staff Rep<-... Meeting of 02/27106 14'" Avenue Townhomes - Conditional Use Request Page 16 1. A SFWMD permit is required for this project. Provide copies of permit or a letter of exception. 2. A plat will be required. No building permit will be issued until the plat is recorded. 3. Minimum font size on plans is Leroy 100. 4. Site plan, engineering plan, landscape plans and survey need to be drawn at the same scale; i.e. 1" = 20' or 1" = 30'. 5. Indicate proposed paving elevations and proposed site grades. 6. Coordinate with City for proposed roadway elevations, City Project # 2006-005, SW 14th Avenue alley. 7. 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. 8. 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. 9. Provide certified exfiltration trench test results. 10. Provide 6 inch deep sodded swale adjacent to all roadway pavement along SW 2nd Street and SW 1st Street, within the public rights-of way. Indicate swale on engineering plans. 11. Indicate on engineering plans how the roof drainage is accommodated. 12. Provide paving cross section. 13. Clearly indicate on plans the limits and types of all curbing. 14. Clearly indicate limits of right of way. 15. 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. 16. Improvements within the right-of-way will be done by the City, Project #2006-005. 17. 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. Planning and Zoning Board Staff RepL... Meeting of 02/27106 14th Avenue Townhomes - Conditional Use Request Page 17 18. Indicate location of irrigation water meter. A RPZ backflow preventor will be required on the irrigation water service. Provide standard city RPZ backflow preventor detail on plans. 19. Show water meter locations at lot lines. 20. Engineer is to field verify location, size and depth of existing City of Delray Beach utilities prior to submitting Final Engineering Plans. 21. Provide on the plans current City of Delray Beach standard construction details as applicable. 22. Cleanouts are required on the sewer service at the right-of-way line and/or easement line. See City Standard Detail WW 4.1. 23. Provide note on both the Engineering Plans and the Landscape plans that there shall be no trees or shrubs placed within drainage easements 24. Provide copy of permitted Landscape plan. 25. 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. 26. A minimum 10' general utility easement is to be provided through the property. 27. 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. 28. 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. 29. 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N () I . <n~ <( l::<t 18 i!i 3t- _~C'4 9iUn C~ N 00 (1)'- _Vl '(1) (1) 0..0 Z o '< ~ -'b uJ , ~~ c.:~ ~~ of:, 0/01 MEMORANDUM TO: David T. Harden, City Manager FROM: Douglas E. Smith, Assistant City Manage~ DATE: March 2, 2006 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING March 6, 2006 Agreement -CGI Communications, Inc. ACTION The City Commission is requested to consider an agreement with CGI Communications Inc. to provide an online community video program for the City. BACKGROUND Under the attached agreement, CGI Communications (through their eLocalLink division) will produce an online video program to be linked to the City's website that will highlight various aspects of our community such as businesses, education, recreation and housing. The agreement also allows the City to submit additional videos produced by the City which would be made available on the web. CGI has partnered with the Florida League of Cities (see letter attached). There is no cost to the City for the program. Under the agreement, eLocalLink is able to place business sponsors on the video program page (which is not on the City web site, but is linked to it). The program includes the ability to email video clips which can be used to send video information about the City to prospective businesses and to residents. As part of the agreement, the City agrees to provide an introduction letter to the program (draft attached). OtheT communities in Florida that currently have this video program on their web sites include the City of Melbourne and the City of Palm Coast. Staff has received proposals from three other companies for video programs. . Scripted Improv Media, Inc. provided a proposal (copy attached) for producing and streaming videos about the City. The production cost for their services is $34,000, and they charge a $250 monthly fee. . CoMatrix provided a video production proposal for $22,500 with an additional charge for web streaming ($75/$125 quarterly). . Dorsia provided a proposal for producing and distributing a seven (7) to ten (10) minute video (verbally indicated that shorter segments could be created) at a cost of$14,900. Both Scripted Improv and CoMatrix provide very professional productions, but there is a substantial cost. The Dorsia website (TravelSushi.com) is still under development. CGI provides the ability to host additional streaming video that we create without any additional cost while Scripted Improv charges a fee to add additional videos. ~F Concern has been raised about the business sponsorship aspect of the program. Following the January 17 meeting, the City Attorney's Office prepared an agreement for review by CGI. The agreement included the opportunity for the City to terminate the contract "with or without cause". cm did not accept this provision due to commitments that they will need to make to their business sponsors. CGr provided letters explaining their position and their advertising policy (attached). The agreement before Commission includes a provision for termination "for cause" (rather than "with or without cause"). RECOMMENDATION Staff recommends Commission consideration of the agreement with CGr Communications, Inc. to provide an online community video program for the City. c: Bob Barcinski r van Ladizinsky W-', / , ~!l .. FLORIDA LEAGUE OF CITIES, INC. 301 South Bronough Street, Suite 300 . P.O. Box 1757 . Tallahassee, FL 32302-1757 (850) 222-9684 . Suncom 278-5331 . Fax (850) 222-3806 . Web site: www.flcities.com November 24, 2004 Dear Key Officials: We are pleased to announce our exclusive partnership with e-LocalLink and CGI Communications, !nc on "Streaming Video Applications" and "Decorative Banner Programs." The FLC has negotiated a superb program for all Florida cities. Our partnership with e-LocalLink and CGI Communications will provide your city with both Streaming Video Applications and/or Decorative Banners, which will identify and promote your web site address. I Streaming Video will add impact to your web sile as few other presentations can! Through our agreement. e-LocalLink and CGl Communications wiII provide you with a Stream bIg Video program at no cost to your city. This multimedia application will showcase and educate your online audience about your city. Wanlto see an example? Go to this web site: http://www.greenwichct.orl!; and click on "see movies about our town". e-LocalLink/CGI has allocated resources'for establishing pilot programs to build and unveil prototypes for their national market. 'Through our partnership with them, resources have been allocated to assist Florida municipalities. By enhancing municipal web sites with their superlative Streaming Video technology, e-LocalLink will assist Florida cities while establishing a portfolio for their national market. They use these city sites to demonstrate the value of such technology for sales to the business sector. This is a win/win situation for Florida municipalities, your local businesses, the FLC. and e-LocalLink/CGI. This does not require the city to promote CGI or its services. This is a great opportunity to market your municipality in this highly technological era. This is an opportunity for every municipality in our state to demonstrate their assets and attributes in a way like never before. Want to learn more about this opportunity. Contact Frank Hagy, CIO for the League at 800-445-6248 Ext. 137 or email himatfhagy(a)f1cities.com. -, Si"'g 7fItr Executive Director Attachment President Clay Ford, Mayor Pro Tem, Gun Breeze Rrst \rICe President Julio Robaina, Council President, Hialeah. Second Vice President Rene Flowers, Councilwoman. St. Petersburg ExecunveDirector Michael Sittig. GeneralCounsel Harry Morrtson, Jr. DATE Dear Delray Beach Area Business Owner: The City of Delray Beach, FL was recently introduced to a new internet project. When completed, this project will provide Delray Beach area businesses with another way to communicate with potential customers. The City of Delray Beach has accepted the services of Rochester, New York-based CGI Communications, Inc. (www.c2icommunications.com).eLocaILink.adivision of CGI Communications will produce an online video program that will highlight topics such as the Delray Beach area's business/industry, education, health caTe, recreation, and housing assets and attributes. It will now be possible for a limited number of Delray Beach businesses to share their story with visitors to the Delray Beach web site by using video streaming. When the project is completed, DelTay Beach's web site (www.mydelraybeach.com) will serve as the entrance for Delray Beach's story on eLocalLink. The City of Delray Beach certainly wishes eLocalLink, a division of CGI Communications, Inc., well in this endeavor and looks forward to the final product. Sincerely, David T. Harden City Manager AGREEMENT THIS AGREEMENT is made and entered into this _ day of , 2006, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (City), and CGI COMMUNICATIONS, INC. (CGI). WIT N E SSE T H: WHEREAS, CGI desires to produce an online video program to be linked to the City's website that will highlight various aspects of the City. NOW THEREFORE, this Agreement is made and accepted upon the following terms, covenants and conditions: 1. Recitals. The recitals set forth above are incorporated as if fully set forth herein. 2. Term. The term shall commence upon the date provided above and shall extend for a 3 year period. 3. Services Drovided bv CGI-CGI will: Provide a Web site Welcome video from your Mayor or other civic leader (approx. 1 minute). Provide a Community Video that will highlight any aspect ofthe City on the Community Movie (up to 10 chapter heading videos with a combined minimum length of 15 minutes). Consult with City to write scripts for the City. Come to the city to film videos about the City. Provide professional voice-overs, script writing and background music. Provide video editing consisting of all aspects of post-production from raw footage to final video. Provide a final draft of all content of the Community Movie for City's approval. Encode final video into multiple streaming digital formats to play on various computer systems, browsers and internet connection speeds, including both Windows Mediaâ„¢ and QuickTimeâ„¢. Include patent pending One-Clickâ„¢ technology. Provide marketing, production, printing, and distribution as the sole responsibility of CGL Store and stream all videos on CGI's dedicated video server. Provide HTML source code for graphic link to be prominently displayed on City's website homepage. Provide a graphic link for the City website designed to coordinate with existing website color theme. Provide encoding, hosting, and streaming of additional 5 minutes of finished video per month for finished videos provided by the City. Provide Vmail and Desktop Video Communication (DVe) System to include camera/microphone and software. Provide a DVC System that will encode the City's videos into multiple streaming digital formats to play on various computer systems, browsers, and connection speeds, including both Windows Mediaâ„¢ and Quicktimeâ„¢ with our patent-pending One-Click Technology. Provide a DVC library with capacity for 20 minutes of video and allowance for unlimited Vmail sends per month. 4. Services provided bv City. The City shall: Provide a letter of introduction for the program on the City's letterhead. Assist with the content and script for the Community Movie. Agree to give CGI the right to use city's name in connection with the preparation and production of the program set forth herein only upon approval from the city for each such use, provided that the city may revoke this approval at any time without prior notice. Agree to put a graphic link on the City's website homepage to CGI's video server. 5. Business Sponsors. Business sponsors shall only be allowed on the perimeter of video panels. 6. Maintenance of Equipment and/or Software. CGI shall be Tesponsible for the cost and maintenance of all equipment or software used to execute the terms of this Agreement. The City shall not be responsible for any other cost or expense regarding this Agreement. 7. Interference. In the event the City determines, in its sole discretion, that the link or any interface action taken in reference to this Agreement interferes with or creates a problem with the City's website, CGI must take immediate action to cease such interference. In the event such interference does not immediately cease, the City may take whatever action is necessary to stop such interference. 2 8. Approval bv Citv. The City shall have the final authority over what is displayed, broadcast or produced in reference to any video, movie, material or data that is produced fOT the City as it pertains to the City or any businesses. 9. CGI Ril!hts. CGI shall have the exclusive streaming video rights during the term of this Agreement for videos created by CGI. 10. Insurance. CGI shall carry and pay for all insurance including, but not limited to, liability regarding the terms of this Agreement and shall name the City as an additional insured. The insurance shall be in such an amount and form acceptable to the City. II. Indemnification. CGI shall indemnify, hold harmless and defend the City, its officers, agents and employees from and against all loss, liability or expense that may be incurred as a result of this Agreement, including, but not limited to, attorney's fees and costs at trial and appellate levels. 12. Taxes. CGI shall pay all taxes and assessments, if any, of whatsoever kind imposed on either party as a result of this Agreement. 13. Termination. Either party may terminate this Agreement, for cause, upon 30 days written notice to the other party. Upon termination by either party, CGI shall remove all of its equipment, software and any reference to the City's web site or City from City property within 30 days of the notice of termination. If CGI fails to remove its equipment, software and any references to the City, the City may remove it and CGI shall be responsible for all costs incurred by the City. 14. Assil!nment. This Agreement may not be assigned by CGI, unless first obtaining the written consent of the City. 15. Adherence to Laws. The parties to this Agreement shall adhere to all laws, ordinances, rules and regulations applicable to this Agreement. 16. Venue. In the event of any claim or dispute arising from this Agreement, the dispute shall be resolved in a court of competent jurisdiction with venue in Palm Beach County, Florida. 17. Waiver. Failure to enforce any provision, condition, or term of this Agreement shall not be deemed a waiver of any provision, condition or term of this lease. 3 18. Entire Aereement. This Agreement supersedes any previous agreement and amendments, and is substituted therefore in its entirety. No other promisees) condition(s) or term(s) not set forth in this Agreement are binding on either party. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their proper officials on the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: By: City Clerk Jeff Perlman, Mayor Approved as to Form: By: City Attorney WITNESSES: CGI COMMUNICATIONS, INC. Print Name: By: Print Name: Title: Print Name: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged befoTe me this _ day of 200_, by title of officer or agent), of acknowledging), a of the corpoTation. , as (name of officer or agent, (name of corporation (state or place of incorporation) corporation, on behalf He/She is personally known to me or has produced (type of identification) as identification. Notary Public - State of Florida 4 February 13,2006 City of Delray Beach 100 N.W. 1st Ave. Delray Beach, FL 33444 To all parties concerned: After reviewing the revised agreement submitted to CGI Communications, we have one issue with the proposal. In section 13 (Termination), it states, "Either party may terminate this Agreement, with or without cause, upon 10 days written notice to other party. While both CGI and the city agree on the section of termination with cause. CGI defines cause as failure of either party to perform any of the provisions of this Agreement or failure to make sufficient progress so as to endanger the performance of this Agreement. In order for CGI to agree completely with section 13, the term without cause must be removed. In section 5 (Business Sponsors), it states, "Business sponsors shall only be allowed on the perimeter of video panels". Now, CGI is not only partnering with the city, we are also working with your local businesses to provide them a new avenue to market and promote themselves. If either party had the right to terminate the agreement without cause, this would be detrimental for the businesses and the services that we are providing to them. CGI is aware of the cities concern about who is able to participate with the sponsorship program. CGI understands that the city has an image to up hold and CGI does not want to tarnish that in any way. Being a private sector company, CGI has the right to approve or disapprove any potential sponsors. It is the policy of CGI not to solicit or otherwise provide sponsorship opportunities to any business or organization that may be perceived as "offensive". These types of establishments include, but are not limited to adult bookstores/entertainment, pawnshops, and tattoo/piercing parlors. Additionally, the participating community may advise CGI of specific businesses to be disallowed as sponsors. The participating community must advise CGI of this information in writing PRIOR to the beginning of the sponsorship solicitation campaign. Now, if the community agrees to make the removal of the term "without cause, CGI will sign off on your revised proposal and begin our partnership program. If you have any questions, please, contact me anytime. Thank you, Michael McDonald Marketing Executive e. Local Link e.LocalLink Granite Bldg, 8th Floor 130 E. Main St. Rochester, NY 14604 800-398-3029 585-292-0602 fax It is the policy of e- LocalLinklCGI Communications not to solicit or otherwise provide sponsorship opportunities to any business or organization that may be perceived as "offensive". These types of establishments include, but are not limited to adult bookstores/entertainment, pawnshops, and tattoo/piercing parlors. Additionally, the participating community may advise e-LocalLinklCGI of specific businesses to be disallowed as sponsors. The participating community must advise e-LocalLinklCGI of this information in writing PRIOR to the beginning ofthe sponsorship solicitation campaign. Thank you, ~/~A-. Prank Buono Executive Vice President "Hastings On De/ray Beach" A Video Media Solution Proposed by Scripted Improv Media Inc. For the City of Delray Beach January 10, 2006 MISSION: Produce and distribute online videos that present Delray Beach in an entertaining way that compels website viewers to make the trip, plan more activities, stay longer, and spend more money. Content emphasizes destination attributes that make Delray Beach an appealing place to live, work and visit. PREMISE: Search engines are the most popular way to search for travel information among affluent consumers in the US. More than three-fourths of consumers with annual incomes of $100,000 or greater use Internet search engines in the process of gathering travel information, a significantly higher percentage than travel magazines, referrals from other people, travel agents and e-mail newsletters. This is in line with the standard shift among most consumers who have gone online - the Internet has become the default place to go for information gathering. High-speed Internet connections are expected to reach 60 million U.S. Households - or 50% of total U.S. Households - by 2007. And research shows online consumers prefer to view, rather than read text, to get desired information. SOLUTION: Hastings eVideos capitalize on this shift in media consumption and satisfy consumer hunger for visual content. The videos are viral because they are fun to watch, and spread to other online audiences from word-of-mouth promotion. A "Send to Friend" button in the viewer window makes it easy for viewers to tell friends and family about the destination, compounding the impact of the videos. Because they are visual, the videos cross language barriers, appealing to international travelers. Translation is currently available for Spanish, French, German, Japanese, and Arabic languages. RESULTS: Travelers who view a travel-related video are 70% more likely to visit the destination. Studies show that websites that incorporate video into their overall experience attract 29% more visitors than non- video websites and have a 26% greater likelihood of generating a transaction (Arbitron/North Star New Media). HASTINGS FORMULA FOR SUCCESS: . Make it Entertainino Video host Erik Hastings is knowledgeable, trustworthy, likeable, and funny. Erik thrives on unscripted interaction with destination visitors and residents, the real stars of Hastings videos. . Make it Real Scripted Improv has perfected the run & gun filming style. This style helps establish realistic expectations of the destination. Hastings eVideos convey the real thing. . Keeo it Brief Videos are brief- 1 to 4 minutes- in order to hold the attention of online consumers who are characteristically impatient. . Make it Relevant Video titles are determined by consumer interest categories and destination branding objectives. This makes it easy for online consumers to view topics of unique interest to them. Exampies of topics are cultural attractions, sports, and entertainment. . Make it Funnv People say interesting things (this is code for funny) when they are relaxed and sincere. Scripted Improv capitalizes on this rich talent base found in every destination. Make people laugh, and they'll tell their friends about it! Viral Video Project: While the City of Delray Beach will specify video titles, locations, and content scripting objectives, Scripted Improv recommends the following subjects/topics for consideration: . Overview (interview with Mayor Jeff Perlman) . Getting Around (air and ground transportation/logistic orientation) . History and Culture (Morikami Museum and Japanese Gardens, American Orchid Society International Headquarters, Old School Square Cultural Arts Center, the Cornell Museum) . Downtown (dining, shopping, entertainment) . Parks and Recreation (golf, tennis, parks, beach) Each video to be one (1) to four (4) minutes in duration based upon the attention span of consumers using the Internet to research and plan trips. Additional content may be added to the viewer window as additional videos are produced, whether by SIM or other production sources, provided they meet the format and resolution quality standards. Technology: The videos are played in a viewer window that launches with one click of the mouse and plays high quality, wide-screen, high-resolution streaming videos using the latest Flash technology platform. The viewer window also allOWS the consumer to click-through to text links providing measurable call to action results. Flash Player, installed on 98% of desktop PCs globally, allOWS you to reach the widest possible audience. Call to Action: In addition to the "Send to Friend" button, the viewer window has positions for three (3) text links that may be used to invite the viewer (in a non-intrusive way) to click through to a designated landing page. Text links may be changed every quarter, to facilitate seasonal promotions or emphasize new attractions, events, or other destination attributes. Ownership and Licensing Rights: The City of Delray Beach will own rights to promote video viewing on its website, www.mvdelravbeach.com. other designated websites of organizations with a vested interest in Delray Beach tourism economic development, and email campaigns of those organizations. The City of Delray Beach will also have unlimited non-broadcast rights to promote viewing at trade shows and kiosks. Expanded Distribution: Scripted Improv Media Inc. co-owns the content and retains unlimited rights for purposes of reaching other online audiences on websites that meet the company's quality and distribution standards. An example of a website meeting SIM's criteria is www.video.aooaie.com. These types of websites provide access to literally millions of website visitors who go online for travel information. Project Timing: Tentatively scheduled for Spring 2006, The City of Delray Beach and Scripted Improv Media will jointly determine shooting dates. Finished video content will be done within 30 days of the last day of shooting. Videos go online within 30 days of delivery of the finished video content. Delray Beach Responsibilities: 1. Provide content recommendations for Scripted Improv Media (SIM) scriptwrlting 2. Review and comment on scripts 3. Assist with contacts and on-location logistics for film crew 4. Invite local media to on-location film sites 5. Review and comment on videos 6. Provide three (3) call-to-action prompts/text links for video viewer window (optional) 7. Integrate "Hastings on Deiray Beach" icon and text links throughout website(s) 8. Distribute pre-launch and post-launch press releases 9. Plan and implement video launch event (mayor, tourism leaders, media) 10. Provide website viewing statistics to SIM For additional information: Contact Gary Hendrickson, VP, Tourism Economic Development, at 248-538-7810, Or emall gary@scriptedimprov.com Production Widescreen, High Resolution Display Utilizing Flash Technology Up to 12 minutes finished video content Each Video 1 to 4 Minutes in Duration Scriptwriting, Talent, Producer, Director, Camera, Sound, Editing, Post-audio Sweetening, Music license, & Production Insurance Airfare, Ground Trans ortation, Lod in ,& Meals 3 to 4 da son-location Custom Viewer Window Includes "Send to Friend" button Includes Three (3) Text Links For Measurable Call to Action Links ma be chan ed once er uarter Streaming Video and Content Management Fee - up to 1,000 views/month Incremental, exceed in 1,000 video views er month Est. Price HastingslM On Delray Beach Videos Produced by Scripted Improv Media Inc. Price Estimate Dated January 10, 2006 City of Delray Beach, FL Valid for contracting until January 30, 2006 $24,000 $8,500 $1,500 $250/month $.06/view Additional Content: Additional videos may be added to the Delray Beach viewer window for a one-time setup fee of $500. Terms: 50% of Production Costs Due Upon Contract Acceptance; Balance Due Upon Delivery Streaming Video and Content Management Fee due at the first of each month Ownership and Licensing Rights: The City of Delray Beach owns the rights to use the videos on its website and email campaigns, and for unlimited non-broadcast purposes such as trade shows and kiosk displays. Scripted Improv Media Inc. co- owns the content and retains uniimited rights for purposes of distribution to other travel-reiated websites and search engines, such as www.video.qooqle.com. that meet quality and distribution standards. Translation - Dubbing - Foreign Language Production This optional service for foreign language voice-overs and translation costs $21 ,360 based on four (4) videos @ 4 minutes each, produced in five (5) foreign languages of Spanish, German, French, Italian, and Japanese. ($18,510 for translation and voice-over and $2,850 for post audio sweetening.) HastinqslM On Delrav Beach Advantaqes: Viral Performance: Entertaining content compeis viewers to tell friends and family, producing significant viral activity, reaching new audiences and compounding the City's return on investment. Consistent Quality: Scripted Improv Media produces the highest quality visual content in the industry. Tight quality control of production and flash technology is key to protecting and building Delray Beach's brand equity. High Value: Scripted Improv's production experience and economies of scaie translate to the highest possible quality of visual content at the iowest possible cost. Longevity: Script writing and visual content is based on a three-year life for each video. Publicity: Hastingsâ„¢ destination eVideos are a fresh and innovative approach to promoting tourism. On- location filming provokes media attention resulting in free publicity for the City of Delray Beach Measurable Results: Scripted Improv Media will track and report results of video viewing behavior, click- throughs to text links, and Send to Friend viral activity. Measurable results guide decision-making regarding development of future videos, such as different seasons or topics. Neal Rubin 2A The Detroit News Sunday, August 28, 2005 Flip tour guide knows how to sell Detroit ~urOnline tour guide is in the Rivera Courtyard at the DIA, holding a conversation with one of the ma,jestically stoic factoI;' hands from Diego Rivera~ famous m1lnll. EIik Hastiugs,smart aleck for hire, is leaning against the wall with his arms folded a<l"OSS his pea green golf shirt. "So;' he says, "working hanl. or hardly working?" Same campaign, different video. Nowhe~ at Ford Field, and the cam. eraflashes on afoothall helmet with the logo of SUper Bowl XL. "Detroit also happens to be the proud hostof SUper Bowl Extra Large; Hastings says. "What? Forty? Why don't they just write that?" This is not your father's trav~ e1ogue, assuming of course that your father had a travelogue. This is fast and flip, a sales pitch for a new era. By early September, three sepa- rate messages will be screening at visitdetroit.oom, the Web site of the Detroit Metro Convention &0 VIs- itors Bureau. Through the latest flash technol- ogy, as harnessed by a marketing guy from Farmington Hills and his half.brother-the-actor, Detroit will take a fresh and innovative ap. proaclt to delivering SlI age-old messagoto potential tourists: Come see us. Bring money. Gary Hendrickson, the market. ing guy, was transferred here from Iowa 20 years ago by an incentive company, one of those out::fits that al'l'aIlgllS rewards foremployees. He could have gone to Chicago instead, but he chose Detroit, on the theory that people who lived here would need bigger carrots. Eventually he drifted into the tourism business, on the database end of tItinp, and then into free- lance marlteting, on the scram- bliug-and-perpetua!]y-insecure end of things. 1\vo years ago, he asked his very funny sibling to see if he could think of any audio punch lines for a tourism Web site in F1or- "[ was completely and pleasantly surprised. [ was laughing in my office. [ didn't know {the videos] would be that good." Renee Monforton, Communications Director, Detroit Metro Convention & Visitors Bureau ScrlpteclJ~M"kI Erik Hastinp of Scrlptad Improv Media dalivers his Metro Dalroit travel spots In a flip, funny style. On a campaign about next yaar'a Supar Bowl XL, he says, "What? Forty? Why don't they just wrlte that?" Ida. "You don'tneed audio clips," said Hastings, wl10 mostly makes a liv- ing sellingcomedyroutineSto radio stations. "You need to:fix it so when someone clicks on a picture of a family on a beach, it comes to life." 1bat was the eureka! moment for "Hastings on Location," the tray. el video branch of the company he calls Scripted Improv Media Hen~ drickson, 46, quickly started pltcl1. ing the concept to his many con. tacts at civic tourism boards, most of whom responded with bridled enthusiasm. 'They kept saylug, 'Sounds great. Can you.show me oner" he says. So the weekend before theAll- Star game, he, Hastings and the smallest possible crew hit places as high as the top of the RenCen, as highbrow as the DIA and as high- powered as the car collection atThe Henry Ford. The convention bureau provid- ed the basic subjects - Downtown, Sports & Entertainment SlId Cul- ture - along with some talking points SlId some help getting through various doors. It did not provide money; which is why"aecu. tiveproducer Hendrickson was,able to get by with $15,000 on ajobbud- geted for $37,000. Eventually, he says, when Hasti- ngs becomes the Martha Stewart of funny. interactive travel spots, they'll charge for their service and then make more money from links on the Web sites. For what it's worth at this point, their only customer is well-satisfied. From a starting pointof"healthy skepticism," says convention bu- reau communications director Renee Monforton, "1 was com- pletely and pleasSlllly surprised. I was laughing in my office. I didn't know they would be that good:' The best part about them is that they don't try to make De. troit look like Disneyland. Hasti- ngs bounces ad libs off a rapper on the steps of St. Andrews Hall and a man on a motorcycle on Monroe Street who calls himself the mayor ofGreektown. "I'm EIik Hastings," he says at one point, "and hanging out in!)e.. trait is way more fun than what you're doing right now." He's working hard, but it looks like he's having a great time - right ,here, in the home of SUper Bowll!z- Ira Large. NealRubin appearsSundaJI on Page 2A and Thesck1.y, Wednesday andFridayon the cuoer ofFea- tures. You can reach him at (313) 222-1874, nrubin@detnews.comor 615 W. La!a~, Detroit, MI f8226. 4a""'--- CO~~~~~~X Ph: (561) 496-3004 Fax: (561) 496-4767 VIDEO PRODUCTION QUOTE 2/9/06 Project: Up to 10 (1 - 2 min) videos highlighting different features of Del ray Description: Video features will include Mayor Perlman greeting, business, culture, education, social and others. B-roll, voice-over, music and logos will make up the content of each video to be streamed on the mydelraybeach.com website. PRODUCTION SERVICES o Scripting for up to 1 0 short videos o Shoot Coordination 0(5) 8-10 hour day shoots to capture all b-roll/interviews/greeting, etc... o Lighting and Audio o Logging Footage/Preparation for Edit o Talent Voice-Over Secured o Estimated 7 Days Editing o DVD Review copies o Beta or DV Master created with all videos o Streaming Clips Created - Windows Media Format PRODUCTION FIELD CREW An estimated 5 days will be needed to capture all the footage for up to 10 videos at an average of2 videos per day. Weather permitting. Crew will consist of ProducerlDirector Camera Audio Tech/Grip Production Coordinator/Asst. Review & Support: City of Delray Beach will approve all scripts, voice-over talent and completed videos. They will provide any literature/support material for scripting and city logos for editing. A representative for the city will also be present during all shooting. (cont'd) 2 PRODUCTION COSTS... ... ... ... ... ... ... ... ... ... ...$22,500 Includes ail the services noted above. Payment Terms: 1/3 deposit up front, 1/3 upon shoot completion, 1/3 on delivery of videos WEB STREAMING COSTS Ootioo 1 CoMatrix Media encodes all videos in Windows Media, sets up server account, uploads all compressed videos, maintains account monthly. 100 MB disk space...... ...... ...$125 quarterly'" Ootioo 2 CoMatrix Media supplies encoded videos on disk and provides contact info for streaming company. City of Delray responsible for setting up account, uploading files and maintaining. 100 MB disk space... ......... ...$75 quarterly'" "'Costs based on a 4 GB file transfer limit. This equates to about 790 times each videocan be viewed every month. If you feel each video might be viewed more than 800 times each month, then a bigger streaming plan would need to chosen. City of Del ray Beach responsible for web programming/embedding links CoMatrix Media Partners (561) 496-3004 www.comatrixmedia.com 02/12/2006 19:58 5616553288 WTLN PAGE 02 dorsia, PARTICIPATION AGREEMENT This agreement is entered on Tuesday, February 21, 2006 by and between Dorsia Corporation (Dorsia), 224 Datura Street Suite #815, West Palm Beach, FL 33401 and City of Delray Beach. I. DorsiafrravelSushi.com to provide: 1. Production of video segment(s) totaling 7-10 minutes for the TravelSushi.com site. 2. International internet distribution through TravelSushi.com and our video distribution partners. 3. Inclusion in co-op advertising, press releases, articles and other material including TravelSushi.com's "Latest updated destinations" area. 4. Broadcast quality master of feature with non-exclusive distribution and reproduction rights. 5. Technical specifications form outlining direct linking to video from your site, downloading and other information for utilizing the video for other distribution outlets. II. City of Delray Beach to provide: 1. $14,900 due in the following increments, $9,500 due upon receipt of invoice, $5,400 due upon completion of principle photography in order to start post-production. 2, Literature and information for our scripting, layout and pre-production use including artwork (i.e. logos) requested to be included in the segment. 3. Completed scripting and pre-production questionnaire. III. General: 1, The approval rights of the client not withstanding, it is expressly agreed and understood that Dorsia and TravelSushi.com maintain final editorial conlrol and that Ihe segment is subject to the standards end prectices of the nelWork(s) which may cause or require variation from the final script. talent, and/or final edited version as submitted by Dorsia. 2, In the event of default 'n payment pursuant to the terms hereof, City of Delray Beach hereby agrees to pay Dorsla any and all expenses of collection, including but not limited to court cost and attorney fees, and any other cost and/or fees relative to an appeal or other appeHale proceedings. This agreement shall be governed by the laws of the Slale of Florida. Any litigation concerning this agreement shaH be brought in Palm Beach County, Florida. 3. This agreement contains the entire understanding between the parties. City of Defray Beach By: Title: Date: Dorsia Corporation By: TItle: Date; 224 Ootur. Street. Suite 815 I West Palm Beach. Florida 33401 (561) 838.5407 Ph. I (581) 838.5409 Fx, lover@dor.,o.com ,~ [IT' DF DElRA' BEA[H DElRAY BEACH ,. " "A ... All-America City , , III ~:OM: 10D WVV 1st AVE.NUE DElRAY BEACH, FLORIDA 33444 561/243-7000 MEMORANDUM ~T. Harden, City Manager I Robert A. Barcinski, Assistant City Manager 1993 2001 SUBJECT: AGENDA ITEM # CITY COMMISSION REGULAR MEETING MARCH 6, 2006 SPECIAL EVENT REQUEST - DELRAY AFFAIR DATE: March 1, 2006 ACTION City Commission is requested to endorse the 44~ Annual Deiray Affair to be heid Aprii 21-23, 2006 to grant a temporary use permit per LDR's Section 2.4.6 (H) for use of City property and rights-of-way as requested, to waive LDR's Section 4.6.7 (D)(3)U)(ii) to aliow signage to be instalied more than one week prior to the event, to provide staff support as outlined in the attached letter and permit, to aliow event banners to be hung within the site area, to allow all vendor permits to be assigned and approved by the Chamber of Commerce and to allow this to be the only event held on these dates in the City. BACKGROUND Attached is a letter and event permit received from Bill Wood for this years Delray Affair. Also attached is a basic site plan, budget, private security plan and proof of non-profit status. Staff has reviewed the attached request from the Chamber of Commerce for the Delray Affair. We support the request except for the following: A. Approve use of parks with the stipulation that the Parks and Recreation Director has input conceming the events proposed on park property. B. Allow banners to be placed within confines of the event site as may be approved by the Community Improvement Director. C. Allow signage for the event to be put up no earlier than April7fu versus March 27~. D. Approve the use of the Old School Square parking lot except for the area that will be reserved for the parking garage construction site. Estimated overtime cost for this event is approximately $56,200 stage rental is $530 and barricade rental is $1,200. Per event policies and procedures the Chamber of Commerce will be required to pay approximately $37,610 for City costs including barricade rental. The Palm Beach Post is an event sponsor. RECOMMENDATION Staff recommends approval of the Chamber of Commerce's request with staff recommended exceptions, contingent on receipt of a certificate of general liability insurance, liquor liability insurance, and hold harmless agreement. RAB:tas @ Printed on rn;:u,-ltf~e8litlYfeven1s Doc.:2006 Delray Affair THE EFFORT ALWAYS MATTERS qG :t Affair ~ r r ~ i .j ~ January 31, 2006 RECEiVED r1.4:( . l' CI'J'';'' !\",'!i\}i '\'1.', :.~'?:R Mayor and City Commission City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Dear Mayor and Commissioners: The Delray Affair, celebrating its 44th anniversary in 2006, is scheduled for April 21, 22, & 23, 2006 and we would like to request your support once again. We are very proud of the excellent reputation the event has earned over the last 43 years and we attribute a part of the success to the great relationship we have with the City of Delray Beach. The event has a significant economic impact of more than $30 million as measured in our 1998 Economic Impact Study. * We also are thrilled to share the news of our most recent accomplishments, one of 200 Best Art Events in the United States by Sunshine Artist magazine and a Gold, Silver and Bronze Pinnancle Award from the International Festivals and Events Association. It is our hope that these designations, along with others received in the past, will assist us in our effort to continue to attracting more tour groups and visitors to Delray Beach during the Affair. In addition to the letter, an official City of Delray Beach Special Event Permit Application has been flied with the City Manager's office and a copy Is attached for your review. Please consider approval of the following Delray Affair Items: 1. Endorsement by the City Commission as a City supported event; 2. Use of City parking facilities for entertainment and exhibitor parking at Worthing Park, Veterans Park, the City lot behind Hand's, DSS Parking lot, and lot adjacent to Vittorio's Restaurant on Federal Highway northbound just south of Atlantic Avenue; 3. Use of all area within Worthing Park, Veteran's Park, and available OSS parking lot area the exterior grounds of Old School Square (please note that a separate request letter has been sent directly to Old School Square and the owner of Atlantic Plaza); 4. Blocking off vehicular traffic and parking from: West boundary: NW 1" Avenue/SW 1" Avenue East boundary: Intracoastal Waterway North boundary: NE 1" Street South boundary: SE 1st Street Additionally, blocking access to Atlantic Avenue from each side street In this area from alley to alley and suspension of parking time restrictions; 5. Provide City staff support with representation from Police, Fire, Streets, Engineering, Fleet and Facility Maintenance, Community Improvement, Parks & Recreation, and City Managers Office for planning and operation services; continued on page 2 De/ray Affair - Page 2 6. Allow this to be the only Commission approved event during the De/ray Affair time frame. Allow all permits to be assigned by the Chamber of Commerce only, with the exception of the Special Event Parking Lot Concessions; 7. Permission to erect signs promoting the event from March 27th through April 24th. 8. Permission to erect overhead banners within the confines of the De/ray Affair site; 9. City staff overtimes costs to be handled per new event policy. We sincerely appreciate all of the efforts of the City employees and look forward to a great De/ray Affair In 2006. We hope each of you will be a part of the festivities. Y~urs truly 0'~/fjy"~ WIII~';;';;;-- President Attachment: Special Event Permit Application cc: Dave Harden, City Manager Bob Barcinski, Asst. City Manager Chief Larry Schroeder, Police Dept. Lt. Joe Milenkovic, Police Dept./Special Events Chief Kerry Koen, Fire Dept. John Tomaszewski, Asst. Fire Chief Joe Weldon, Director of Parks & Recreation Tim Simmons, Supt. Parks Maintenance Harold Bellinger, Public Works Orlando Serrano, Traffic Maintenance Supervisor Jim Schmitz, Acting Director Public Works Lulu Butler, Director of Community Improvement *Reglonal Research Associates, 1998 . DELRAV BEACH ~ ;i(re 1993 2001 c 9tt of Del ray Beach RECr::i\special Event Permit Application (> I Y i-/i\';. " PLEASE PRINT Date of Approval/Denial Title Event Approved/Denied Approved/Denied by 1. 2. Event Name/Title: 1)E.L.M- If' 4fFlfJlz Event Date(S):~ .. Event Time(s): _!2YJ J ;Z (J ~;2, ;( 3 I ;(oDfp I Darn - {n:Jrh I 3. 4. 5. 6. 7. 8. Event Sponsor/Producer:1JYI.Jl;(f Y 'peA v~ :(3e,.tU ".11 (AMWer of toYltJ'Hercc. Event ContactlCoordinatov .' s Address: '5* L. '" 1 Ft..- tf Telephone Number: d7'i - I 3'10 )( ,;I a ellular Number: 702 .. {p g 'g (p E-mail Address: Il:) n Vl @ ()/ eA r:'t? h-jt,~. Cbm Event Description: (1;Yt'S t- (..-\'tLt e .f'es-hv,u - 1.f1f..-rt.-.. AMYlwU r ~beV'" t- (l....0~ ;"2 I'V\..tu.re.. e..vUl.T- (If neighborhood block party, then please skip questions #10-35 and go to question #36) Sponsor Category: (please check) City '-Non-Profit/Charitable (Private 0 Co- Sponsor - Non-Profit/Private 0 501 c..{ &) a-aC<dte.A (If Non-profit attach proof of 501c(3), c(4), c(6), c(10) or c(19)) Event Location/Address: w .. tJvJ I ?-r ,e.- (,0 I~" Ave- a.S1 - Vl-n-ttLO 0 (-If. .. Nt:.. I S-J- 5t". OlA.--ti- - j">t" It 1a.1'L"h'c. . I-\.! 1..h I e p an attached: yes (Site plan required for entire event site) Event budget attached: (Required for al/ events) Serving or selling alcoholic beverages: yes J no (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) 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) Requesting Police assistance: (Traffic controUsecurity) 9. 10. ies 12. v' no yes 13. 14. 15. 16. v' no yes v' yes no 1 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. yes ./ ..; ./ v' Will supplement with private security: (If yes, need plan attached) Requesting Emergency Medical assistance: yes Requesting barricade assistance : yes Requesting trash removaVclean up assistance: yes Requesting trash boxes and liners: yes Requesting stage use: yes J (If yes, check type) Large stage covered 0 Large stage no cover ~ Small stage 0 Half small stage 0 Requesting signage: yes ,/ Type: Event sign {4'X43'/ Directional signs ./ Banner hanging Indicate dates required ./IAI1V"cM ~1-ltpn' J.+ (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 contact phone number of each vendor which is due no later than one week prior to the event I 50 no no no no no no J p,ovid.eJ. no Health Department approval: (see attached) yes J no Other vendors: yes ,/ no Tents: yes J no (If yes, tent permits and fire inspections 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) yes ../ Will the event be gated? (Show on-site map) Will 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) 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) Is reserved parking requested? (If yes, Indicate locations) no no ,/ no yes ,/ ./ no yes no 2 35. Nei hborhood Block Parties "Hei hborhood block arties onl . Is event sponsored by the Homeowner's Association? yes_ no_ (If not, then indlvidual(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-of-way will not be permitted.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 event. ~ Event ContractorlCoordlnator Please print: Lj 1\/1 1+' t?1tl-lttb<; Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1" Avenue, Delray Beach, Florida 33444. )-31-OIp Date For Staff Use 0 Date Received / cO Application fee received $ Site map A.Qi:' rJ Budget Il D-.c LA Certificate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage A tc rJ A o.th I ~ Railroad approval L..- 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 ~ ~ ~ i ~ \~~ '." '\., ~ 8"., _ ~':._ , i i rr,' .;: '~~ .. L:: . .1 " ~ . ' C%> f ~ <;~ ~ LS> I lI' """'~ ~~a. - ~ l:ll>..!; ! f ~ _~ f i ~ I i;J ~"'~~f' I ~ i .a r l l M u> ~A....."" li~~.. 1St .ll XI re . J ;t iil ~.c.. f-d- (!) Ii' .,~: ~~,~ ,~~ ~ 1l"E;2':' -~ :.5' r ~I l~", '" i i ~ ! ,~ I ~; i ~ 9.1 l!':r ~.- , ~~ f :; 4~. 1::- " ~0 t o~~~.. i ::.- ~5"'" t:!> . H~~ I ~;:a.' r;I ~"I\' l :r~ 11:1 .,,>f';t '~~Il f : ..:.:1 i~iln . *~~~ i If~~1 ;- / f ~f' !J ~~~'~~ \11 " Ii-n I "b ! 3 il'!l:[ .. ~ ~~€~ ,- i.?g"'l1i . 1iJ · ~lX1a ~ I i Inn ! '" I : i :;~ 1__ ! ~ f.i I '--II.!I f ! -.!~*"Ifi - I i A-l-A s..a! i j 8 3 }:==~ Jo , -.....---:..-- l[ ; fe.' = s-- ~ 8' !: r _ -~ -t' nil ii, :.1 ,,' .- fl G . ~c "tJm -r- ~~ ~. -< ~:J:- ~.,.. (It"" -. :J:- ,....... tD::a 3N DlO "tJO ~cn 6:00 a.m. - 3:30 p.m. 10:00 a.m. - 6:00 p.m. 11 :00 a.m. - 4:00 p.m. 6:00 p.m. - 5:00 a.m. 6:00 p.m. - 5:00 a.m. 6:00 a.m. - 3:30 p.m. 10:00 a.m. - 6:00 p.m. 11 :00 a.m. - 4:00 p.m. 6:00 p.m. - 5:00 a.m. 6:00 p.m. - 5:00 a.m. 6:00 a.m. - 3:30 p.m. 12:00 noon - 6:00 p.m. 11 :00 a.m. - 4:00 p.m. DELRA Y AFFAIR 2006 PRIVATE SECURITY DETAIL Friday, April 21 Hand's Parking Lot (monitoring VIP/merchantlemployee/resident parking) Beer Garden locations -locations at Swinton, OSS Stage, N 4th Ave and Atlantic Ave. at Palm Square Atlantic Plaza (inside courtyard area and back parking lots) Old School Square (ovemight security) Atlantic Plaza and Veteran's Park (ovemight security) Saturday, April 22 Hand's Parking Lot (monitoring VIP/merchantlemployee/resident parking) Beer Garden locations - locations at Swinton, OSS Stage, N 4th Ave and Atlantic Ave. at Palm Square Atlantic Plaza (inside courtyard area and back parking lots) Old School Square (ovemight security) Atlantic Plaza and Veteran's Park (ovemight security) Sunday, April 23 Hand's Parking Lot (monitoring VIP/merchantlemployee/resident parking) Beer Garden locations -locations at Swinton, OSS Stage, N 4th Ave and Atlantic Ave. at Palm Square Atlantic Plaza (inside courtyard area and back parking lots) 2006 DELRAY AFFAIR April 21, 22, &. 23 Proposed Budget INCOME EXPENSES Entry Fees Contract Services Sponsorships Merchandise Sales (other income) $ 219,000 3,500 59,000 15,500 $ 297,000 Personnel-Administrative Entertainment/Exhibitor/Photography Professional Retainer Fees Waste Control & Disposal Shuttle Bus Services City Services Security & Ucenses Equipment & Facility Rental Sponsorship Sales/Recognitions Event Signs & Banners Advertising-Print/TV /Radio Office & Administrative Event Supplies & Purchase Printing Expenses Merchandise Sales Expense $32,350 21,800 B,500 12,000 5,000 36,000 3,050 8,050 4,100 2,100 6,900 6,800 2,100 2,250 9,000 TOTAL REVENUE TOTAL EXPENSE $ 160,000 TOTAL SURPLUS $137,000* * Event surplus remains in Greater Delray Beach Chamber of Commerce Operating Budget to fund other chamber programs and activities, including, but not limited to: Governmental Affairs, Tourism, Education and Joint Venture. "N -L' ,/y' ".. -....r;... n.::.vt:.NUE SERVICE DISTRICT DIR!:CTOR 'JacksonVille, Florida P, O.Box ~ 35010 April 26, 1967 IN "IlPL'J' ".qR TO Form L: 179 434:PDX:md 'J1\X:EO:67_UO , iJ..lr::lY' Beach Chamber of Col!llllarca 64 s. E._5th Avenue Delray Bach, Florida 334-44 e I" R. coo. SECTION SOllcl { 6 I ADDAESS INQUIRIES AND 'ILE H!rUFlHS WITH OISTRICT DIRECTOR OF INTe:A.IoiIAL REVENUE Gentlemen: J a.ck3on7iD.e, Florida ACCOUNTING PERIOD ENDING DeCember 31 , , , I On the basis of your stated purposes and the understandinq that your operations will continue ns evidenced to date or will conform to those proposed in your ruling application, we have concluded that rou are exempt from Federal income tax under the provisions of the lnternal Revenue Code section indicated above. Any chanq~s in operations from those rJp.scrihed, or in your character or purposes, must be reported Immediately to YOur District Dirp,ctor for r.Qnsideration ot thC'llr eHect upon your exempt status. You must also report any chanqe in 'jour /lame or address. You are not required to fll. Federal incom. t1< r.tt,rns sa long as YOII rc,tnin "n "X~mpt stCJtus, unless you .or.. subject ta the tax on l"lIlfelCJtod busin.;;ss in CO". imposed by section 511 at I he C'JJe, in ,,'d,ir:h event you Ore r..qulred to file F'orm 990,T. YOll are required to liie un information return, Form 990, annuaily on or before the 15th day of the fifth month aHer the close of your CJnnual acr:ounlinq period indir:ated above. Y Oll (Ire' liable tor the 10 xes imposed under the f'ederal IlIsurance Contributions Act (social security tax,,,); and for the lax imposed under the Federal Unempioyment Tax Act if you have four or more indi'lI'duaJs In your employ, Any questions concernlnq excise, employment or other Federal taxes should be submitted to this ofUce. This is a determination letter. ..... \~~ -, \\\\; I ' \~ ~ t:. OIDonnell, Jr., ~ District Director rOA~ L. 1]91&-6<41 ,,:-;='.:~.~~;z~:rs::?>:'-:,,:~;~ ., '( " j ';~~""",'~;:",~,:';r "i ''''-:''-;:Y.J:::''~;~,:....~t',t~~-'l-~'~'~ '~I ~?,"...,-~?::::~;, ,1[1,,,,.'\Co.. ':' ...~ \J '.i"~ -.,j~'(""y \ - ~-'<'.J 1'\.1 c: , _,_ .1 _.. r ,-.. 01< 07( , ek" MYDELRAYBEACH.COM ~"_",,,__~","'",,,_., .,_..;.,">1" City of Delray Beach Administrative Services Memorandum FROM: David T. Harden, City Manager ~obert A. Barcinski, Assistant City Manager TO: SUBJECT: Agenda Item City Commission Meeting March 6, 2006 Request - Palm Beach International Film Festival DATE: March 1, 2006 Action: City Commission is requested to approve a request received from the Palm Beach International Film Festival to prepare and put up event signage, to hang 30 banners on our decorative light poles and to allow the use of seven (7) metered parking spaces on A-I-A across from the Marriott at no charge. Backflround: Attached are e-mail requests received from Scott H. Grody on behalf of the Palm Beach International Film Festival for City assistance. Mr. Grody originally requested assistance to hang welcome banners from light poles across Atlantic Avenue at various locations. After discussions with Mr. Grody he has amended this request to prepare and install four (4) event welcome signs. He has also requested assistance in hanging thirty (30) decorative light pole banners and has agreed that it is not a problem to hang the banners along with the Delray Affair banners that will be up at that time. His final request is to bag and reserve seven (7) parking meters on A-I-A across from the Marriott for festival transportation vehicles. Recommendation: Staff recommends approval for City assistance for the Palm Beach International Film Festival as requested. Banners and signage would not be installed until ten (l0) days prior to the event. RAB/tas File:u:sweeney/agenda Doc: Agenda Memo Palm Beach International Film Festival C{\\ Page 1 of 1 Barcinski, Robert From: Scott H. Grody [sgrody@fugazytraveLcom] Sent: Monday, February 27, 2006 5:35 PM To: Barcinski, Robert Cc: Yvonne Boice; RANDI EMMERMAN Subject: PALM BEACH INTERNNATION FILM FESTIVAL Dear Bob, It was nice speaking with you today. Attached please find a letter requesting that $38,000 be issued and mailed to the Palm Beach International Film Festival. In that same letter please note the Festivals request for four (4) signs to be mounted at the 1-95 Exits at Atlantic Avenue and Linton Avenue along with NE Federal Highway and SE Federal Highway. The art work for these signs is attached to this email. As discussed banners at the Marriott and 7 parking spaces reserved for Festival transportation vehicles Finally, we greatly appeciate your passing on our request to DDA for $600 which will enable us complete the printing of the 30 pole banners that feature the Palm Beach International Film Festival. Thank you Scott Scott H. Grody Vice President/Chief Operating Officer Fugazy International Travel 6006 SW 18th Street - Suite B-3 Boca Raton, Florida 33433 Ph.561.447.7555 Fx. 561.447.8775 Nationwide 1-800-852-7613 EMERGENCY RESERVATIONS 24171365 1-888-292-4860 sgrody@fugazytravel.com visit us at http://www.fugazytravel.com WE WILL EXCEED YOUR EXPECTATIONS U* U* eSafe scanned this email for malicious content *** IMPORTANT: Do not open attachments from unrecognized senders u* 2/28/2006 > > Hello All > >Attached and previewed below is an overview of both the City of > >Delray >and > >Marriotts support of the Film Festival. > >Most if not all of these items have been discussed and or agreed to. > >I would appreciate your confirmation of same. > >The Hotel will provide confimration via a written contract with Fugazy > >International Travel. > >Jeff, I don't know how the City confirms...either in writing or >verbally is > >fine. > >Thanks for your help. > >Scott > > > >attachment preview > > > > > > > >PALM BEACH INTERNATIONAL FILM FESTIVAL > > > >Needed > >q > >q > >q >room > >q All rooms should be double doubles unless otherwise ~ndicated > >q Welcome Banner at A-l-A and Atlantic Entrances > >q In hotel signs > >q Bar stays open until 2am > >q Continental Breakfast daily and comp soft drinks and setups in > >Hospitality Suite thru-out day and evening > > > >Needed from the City of Delray Beach > > > >q City of Delray Beach Welcomes the Palm Beach International Film > >Festival to be affixed across main entry streets that lead to > >Atlantic Avenue in the North,East,South and West > >q Lamp Post Banners with the PBIFF Logo > >q 17 Meters in front of the Marriott Hotel to be Bagged and >Blocked > >for > >the Festival Transportation Vans. > >Scott H. Grody > >Vice President/Chief Operating Officer > >Fugazy International Travel > >6006 SW 18th Street - Suite B-3 > >Boca Raton, Florida 33433 > > Ph.561.447.7555 Fx. 561.447.8775 > >Nationwide 1-800-852-7613 > >EMERGENCY RESERVATIONS 24/7/365 1-888-292-4860 > >sgrody@fugazytravel.com visit us at http://www.fugazytravel.com > >WE WILL EXCEED YOUR EXPECTATIONS > > > > from the Mariott Hotel Hospitality Suite Adjoining Press Suite VIP Upgrades to suites Exec Director to Arrival April 16 needs a suite plus a double 2 ~ ~ h ~ ~ ~~~ U<~ <~~ ~Z~ CQ~~ ~~~ <~ ~ ~~~ ~~~ ~ ~~ ~ O~ ~ ~ r...'i OCf)~ ~~~ 08D ~~~ ~~CQ ~~~ ~ ~ ~ ~ ~ o ~ ~ \OU 0< o~ ~CQ oo~ ~~ N~ d~ ~o ~~ <~ o ~ < ~ ~ , """:";~~;,::,;;,,,,,,,,,,,, City of Delray Beach Administrative Services Memorandum MYDELRAYBEACHCOM TO: David T. Harden, City Manager fbRobert A. Barcinski, Assistant City Manager FROM: SUBJECT: Agenda Item City Commission Meeting March 6, 2006 Special Event Signage Request - Wayside House DATE: March 1, 2006 Action: City Commission is requested to consider approval of a request from the Wayside House to allow them to put up five (5) event signs for their Spring Boutique fundraiser to be held March 7-9, 2006 at the Colony Hotel. Backflround: Attached is a Tequest for event signage for this event received from Ms. Jill Reece along with a denial letter from me. This request was also denied by the Community Improvement Department. Ms. Reece has requested Commission consideration of the request. If Commission decides to approve this request I suggest that it be for only four (4) 4' x 4' signs to be placed at the regular event sign locations. These locations are Atlantic Avenue east of the 1-95 interchange, Linton Boulevard just east of the 1-95 interchange, and at the north and south ends of Federal highway in the landscape areas just north of George Bush Boulevard and south of Southwest lOth Street. Recommendation: Staff recommends denial. RAB/tas File:u:sweeney/agenda Doc: Agenda Memo Wayside House Event Signage Request q::r. [ITY DF DELIAY BEA[H DELRAY BEACH ~ AII.America City , ~ III: 1DOt\i_'vV 1stAVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000 1993 2001 February 27, 2006 Jill Reece, Executive Director Wayside House 378 NE Sixth Avenue Delray Beach, FL 33483 RE: SIGNAGE REQUEST/SPRING BOUTIQUE MARCH 7-9 Dear Ms. Reece: Since the last approval for signs for your event in 2004, City Commission policy as wen as the sign code has changed, and I cannot grant approval of your request for signage. Waiver of the current policy can only be given by a vote of the City Commission. Commission does not meet again until March 6, 2006, which would be too late to honor your request. In the future, please submit your request in writing at least thirty (30) days before the event and we win process the request through City Commission. Sincerely, ~~.c 2 Robert A. Barcinski Assistant City Manager RAB/gb cc: David T. Harden City Manager Lula Butler, Director of Community Improvement Pat Archer, Commissioner @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS BOARD OF DIRECTORS PatriCia ArctH::r Barbafa Back9l' Talty Brower PhylliS A. Callaway GiffordD~n Ann oegenhart Georgia Felger George Frick Mildred Geotge Jeanne G~ftord UnCIa Green Kathryn Leonard Marie C. LudWiclc Jane 1:.. Mils1eac FrederiC D- Newman Perry H. O'Neal Susan Ridgley Sally Schmid Maria Tamburri Jane R. Tolleson Founder Dr. Susan S, Anthony Co-Founder Phyllis MichoUelder Hooor'ary FO\.lnders Winifred N. Austin Martha B. Baker MaUl'a M, Benjamin Helen Harte Alice l. Metan Clarissa M. Nickerson Margeret B. Perkins Harri$ L. WilUts E"ecutive Director JiIIW. R,tliCS : ...... - CII,...u-;tIlholll' WAYSIDE HOUSE 378 N.E. Sixth Avenue oBlmy Beach, Florlda 33483 TolBphono: 561-278-0055 5B1-732-~11 I'AX: 581.276-6388 February 23, 2006 Robert A Barcinski Assistant City Manager City of Delray Beach 1 00 NW 1 st Street Delray Beach, FL 33444 Dear Mr. Barcinski: Wayside House, Inc. is requesting permission to put up frve signs throughout the city to advertise our Spring Boutique in March of 2005. There are three signs measuring 4' x 4', and two signs measuring 3' x 3'. I have enclosed the diagrams supplied to us by the sign maker, McLaren Signs. The Spring Boutique is scheduled for March 7- 9, 2006, and we would like to install the sings one week prior to the show. They would be removed within three days of the end ofthe show. The signs are one-sided, made of wood, painted blue on white and reach approximately 3' into the ground on 4" x 4" posts. The wording on the signs would be the same as the enclosed diagram, except for the dates and location, which is the Colony Hotel. Our preferred locations are: 1. George Bush Blvd. at the bridge 2. On Federal Highway just north of Linton (facing South) 3. On Federal Highway just north of George Bush Blvd (facing north) 4. On Lake Ida Road near Military (facing West) 5. On Atlantic Avenue in the median near the tennis center (facing west) We were not aware of the change in the code for displaying signs. We will do everything we can to ensure compliance for next year. I am sorry for any inconvenience this may have caused your office. If there is any further information that would be helpful, please feel to contact me at (561) 278-0055. Sincerely. ~~ M Re~e, Executive Director 9'C'HiLDREN ~ to FAMIUES c08c-0c9 19S1 : 'ON X~~ . cd Wd6~:~0 900c ~c 'qd~ : WO?J~ City of Delray Beach Memo To: City Commission From: City Manager~ 00, Datel March 3, 2006 Re: Historic Districts I have become alarmed that we are in danger of having our historic districts destroyed by mansionization. On Wednesday the Historic Preservation Board approved the partial demolition of an 1,100 square foot house in the Del Ida Park historic district at 711 N. Swinton, and construction of an "addition" which will result in a total square footage for this house of 4,275. At 527 N. Swinton, facing much opposition from neighbors, the Board delayed a decision on a request to demolish a contributing structure and replace it with a new house with detached garage and guest house totaling 4,600 square feet. On March 15, the Historic Preservation Board will consider a request to build three houses on the property on the west side of Seacrest between NE 6th Street and NE 7th Street with square footages of 5,246, 5,452 and 5,009. The house formerly on these properties has already been demolished. There is a fourth lot for which plans have not yet been submitted. If six houses of this size are approved, I believe it will lead to the essential destruction of the Del Ida Park Historic District. The historic rhythm and ambiance of the district, the historic character of the buildings and the open space patterns around each house will all be lost. The historic homes will be swallowed up and overwhelmed by the new mega houses being built in the district. While the City Attorney and I believe that our current code gives sufficient basis for denying permits for these homes as being incompatible wilh the historic district due to their size and mass, the Historic Preservation Board is of the opinion that they do not have such power, and have requested specific guidelines further limiting Floor Area Ratio, Lot coverage, building height and required green space. Therefore, I strongly recommend that the Commission direct the Planning and Zoning Commission to consider a moratorium on any further demolitions and large scale construction in all our historic districts for six months to allow staff to work with the residents of these districts and develop further appropriate limitations on development in these districts to protect their essential historic character. 1 90 FROM: ciTV..ep"MI~$IP~i.!iijlije~Mi~Nilt~~ipt4;..... D~p~ DE PAUL DORLlNG RECTOR OF PLANNING AND ZONING AMY E. ALVARE . HISTORIC PRESERVATION PLANNE@ MEETING OF MARCH 6, 2006 REQUEST TO CONSIDER A SIX-MONTH MORATORIUM OF NEW DEVELOPMENT PROPOSALS LOCATED PARTICULARLY IN THE DEL-IDA PARK HISTORIC DISTRICT AND/OR ALL OTHER HISTORIC DISTRICTS. .",,, """"",;;,;"'+,';"<' .. .......'1 THROUGH: TO: SUBJECT: BACKGROUND. .. I '<'" Given recent concerns over the level and type of development affecting historic preservation efforts within all five (5) of the City's historic districts, but more particularly the Del-Ida Park Historic District, it has been suggested that the City Commission consider a six-month moratorium of any new development proposals including, but not limited to, demolitions, new construction, and additions. During this time, Staff will work with the residents of the Del-Ida Park Historic District as well as the four other districts to establish an overlay district similar to that of the Beach Property Overlay Districts, which would place additional development regulations specific to each district, assuring that all new development respects the surrounding neighborhood character in terms of architectural style, scale, and massing. Possible solutions could include the establishment of a maximum lot coverage and floor area ratio, an increase in the minimum required open space, and application of additional setback requirements for all second-story elements. Current zoning districts located within the Del-Ida Park Historic District include R-1-AA (Single-Family Residential), RO (Residential Office), and RL (Multi-Family Residential, Low Density), all of which have a building height limit of thirty-five feet (35') and a minimum open space requirement of twenty-five percent (25%). The R-1-AA zoning district requires a minimum lot size of 9,500 square feet and a minimum floor area of 1,200 square feet, while the RO and RL zoning districts require a minimum lot size of 8,000 square feet with a maximum lot coverage of forty percent (40%). Zoning designations in the other historic districts include R-1-A and R-1-AA (Single-Family Residential), RM (Multi-Family Residential, Medium Density), CF (Community Facility), CBD (Commercial Business District), and OSSHAD (Old School Square Historic Arts District). The overlay guidelines could apply to one or more historic districts as deemed appropriate by City Staff, Advisory Boards, Residents, and Commission. If the Commission supports this initiative, an ordinance must be prepared, advertised, and considered by the Historic Preservation Board and Planning and Zoning Board and approved by City Commission. RECOMMENDED ACTION . ..1 Recommend processing an ordinance to establish a six-mouth moratorium on any new development proposals including, but not limited to, demolitions, new construction, and additions for all five (5) of the City's historic districts. ORDINANCE NO. 14-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEL RAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ESTABLISHING A TEMPORARY BUILDING MORATORIUM FOR ANY DEVELOPMENT PROPOSAL LOCATED IN ANY OF THE CITY'S FIVE HISTORIC DISTRICTS AS FURTHER DEFINED HEREIN FOR A PERIOD OF SIX (6) MONTHS FROM THE DATE OF ADOPTION OF THIS ORDINANCE; PROVIDING FOR GEOGRAPHIC AREA COVERED; PROVIDING FOR THE DURATION OF MORATORIUM; PROVIDING FOR PENALTIES PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission has determined that the City's historic districts need further protection and wishes to enact a six month moratorium on any demolition and/or construction of new structures or additions, where the addition exceeds 50% of the square footage of the existing structure; and WHEREAS, the City needs a period of time in which City staff may work with the residents of these districts in order to draft appropriate overlay guidelines to assure that future development respects the surrounding neighborhood character in terms of architectural style, scale and massing; and WHEREAS, this zoning ordinance is adopted pursuant to the City's Home Rule Powers as set forth in Florida Statutes Chapter 166; and WHEREAS, this ordinance is enacted in compliance with Florida Statutes Section 166.041 (3)(c); and, WHEREAS, pursuant to LDR Section 1.1.6, the Planning reviewed the proposed text amendment at a public hearing held on _ to _ to recommend that the changes be approved; and and Zoning Board , and voted 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: Section 1. TEMPORARY BUILDING MORATORIUM. All activities relatina to the acceptance. review and action upon permit applications for the demolition and/or construction of new structures or additions. where the addition exceeds 50% of the sauare footaae of the existina structure. are temporarilv suspended in order for the City of Delrav Beach, throuah its officials and staff. to have adeauate time and opportunity to develop additional development reaulations specific to each district in order to provide that future development would respect the surroundina neiahborhood character in terms of architectural stvle. scale and massina. Based upon the foreaoina. there is hereby imposed a temporary moratorium on the acceptance. review and action upon permit applications for the demolition and/or construction of new structures or additions. where the addition exceeds 50% of the sauare footaae of the existina structure. located in any of the City's five historic districts. Durina the time the temporary moratorium is in effect. the City will accept no applications for permits for the demolition and/or construction of new structures and additions located in the historic districts. Section 2. GEOGRAPHIC AREA COVERED. A temporarv moratorium established in this ordinance shall be effective in the five historic districts of the City of Delrav Beach. which are the Nassau Street District. Marina District. Del-Ida Park. Old School Sauare and West Settlers District. as described in Section 4.5.1 (Ll of the LDR's. Section 3. DURATION OF MORATORIUM. The temporary moratorium set forth in this ordinance shall take effect immediatelv upon the effective date of this ordinance and shall terminate six (6) months after the said effective date. The City will accept no applications which are subiect to the moratorium until the moratorium has expired. Section 4. PENALTIES. Anv individual. entity or aaent. who shall violate any provision of this ordinance or who fails to complv therewith. or with any of the reauirements thereof, shall be fined in an amount not exceedina five hundred dollars ($500.00) or be imprisoned for a period of not exceedina sixty (60) days. 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. 2 ORD. NO. 14-06 Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. 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 _ day of , 2006. MAYOR ATTEST: CITY CLERK First Reading Second Reading 3 ORD. NO. 14-06 .._;:---- ..~._--- ''--~ecla ,~{21e(V ,:S!'. ~ @.~.. ~JL~,. ~- (7 '., ,iill 65 Palm Square '. , MAR - 6 2006 i I d I Delray Beach, Fl. 33483 . I L...I ~_ Ph="(561) 276-5452 i euy eO!,;'~N '.",- . /1 - / ( . . C) . L:.J!;; L-e>, >....... hv S cl.1 ~ (Fe'\.; . ~.('^--' 't Ik:; - ~ If /'k . !~Vc-~/~;-~j}/5/~ ,j juAf:,,:.uJr~.' ~>>.J's,j. lLj."r f~~ ct. 0:Wt/~~7 ~ 'J~ IV T{)~ ~ t:<u.- > ~ ~v>> (Iii ~ 0dl ~/V 5~ ~.;j!~1o'tV ~ ~~. Viu/~ cd&/~ tlt:'- {[vuf /Lu/~ ).L+f~ ~7~ l:Ji f /4 fl-<-L ~ "I'd ~ 1 k eA.ueJ.- l-wu~tN ~ 1I;/Lu-J. &.<<Wv ~ t~,~~J 0t ~~, ~1' ~J;I<-t; ~ ~a~ j~.. Sf'''' ~-'JJ Ij~ ~ '-L --5 ~~ J~ ~ ' ~ lL. /~ ~~/r-- ~ rL . ~.jJ~~~ 8~Q ? . X tz'. ' (ll . aLv .41.6;;:~ /'I;w", 4& <A-' t-L-' I 1j;;;:;=Ip2X~ ~''\IT Mar B6 2BB6 12:15:34 Via Fax -) 5612437199 Mayor Perlnan Page BB1 Of BB4 r........ Bl:.VULYO'NEll.L M.,....u1-~~ V_PI~" M'lC".!-lAa A. GUrT>O MayrtroFDarINo... Pur. P-nJeM.. JMll.YE.AS1l.AMSON MoD'O" o:of"u...iwiIk Mouo nIc:HAALl M. D,<lt.l.1':V MaJNllrCJUc.yr.o THUMASM.ton=:NINO ~.ulSustlln oo~t\ID t_ PWSQu1!.LllC ......."'''''''''' JOSl'.1'HP.lUl..J!:l'.JIl M.I.)'Of~f~,:sC T_ ~1.A.DlAl: M..,.....rMlArr>i 11.l..l2ABETHG.FLOW Mal""ul'wtdn l'KI"RICX' HENRY HA'rS lIoby...uf~nh1.lrrlrRocl. :swJU'E JAMES M~."rNno'Al1c.l'lJ st.:O'l'rLJ3lIlG Moya.-.'c.;..., DANNilLT', MAl..l..OY M:.,ur"f~Wl'lf:wl AltI.aJF.].MtJl.l:llilt M..l"'...r.....hnl:'"nnH.;wu. RITJ\ c MUWN~ M.o.pn o)(r~l...in. GR.FC;NI~ M.y~r(lf$t=l< MF.Y:ERA E. OllOl.NOOIl.F May....nfV~aScoclI IllL.LPURL:l!Ll M"7"rGt'N.w..illc DAVID W, SMITH MoYIHUIl'lIM.ut.CI\ UAVlD G. WAU.At..1:. M21'"..!S"f,U'...."" IwJriMq' &o-d: DOUt,;W 11. r"I.Mo, CI1.oit M~,....,dTcamn. TIlMAl..ANDEP.SON M.1yo.l)fnicl"....,..J,C!\. "1.ANAlTJll't loU'fOI'nf"f;........ lC'",VRARNI:.S MIJi;lroflC:l_Ci".MO U^RKBI:.(;lClI MI\)'OfnFi\ndI<u:ItC J. otJUs'r1M.l oou}rAc;E MaJotof~lid>cW J.lW_'i B1WNAR.tl Mqo'..fr.......d"lN MAJmNj.ClL\Vf7.. "-"r^"'"'...... DAVlDN.C1CJJJ.tN'F. Mllyn.,,'P..m.la~ pEn1l.AClA'Vl':LU M.,.........~ SHllUJi.'!fAANlCUN ),hya...rAlWu:! O~ llo. "OOOMhN ~urLlsV'l:'" J^MIi5 'W. HOlaY, W M:&rw..rI'UI'U_m KOSEWRTF.IVES M..yw.uCRelfmo,nd w.lZAt'F.TH a.lCA.lJ'l'2: M2,.....t\.lw'OPltr.- KW;JolF M. m.p.....'l'lUCt:. M>>yur(,ro..- ('ARLOS MAYANS M,.,...-o1W....... Jl'AT\llr:K McL"lWll.Y M.)...otOlaol...... LA""" MnW< M-.)'fiol'T;b1lu G"VTN NI:."WSOM MDotof~"F~ M'AIlTINo'MALLF.V ~r"FIbI,;"""c aAJlT rl!"tuSON ~",,'~Iff loaOl=..... SANTINT U"7"..."Sau.l_ JOHN ." lilltEET ~"r~ JUDrn I VA1.LE.~ t.s.,...uf$J.""",,,I'Iii.. f _ ootJCl.A!i wu.DiJI. M'arnrJRichmaaU. VA ~UI!L.L<oVOIINC: MIa,.,...J&n Ln....M ~DmaIK:. '1'UMCQClf1t.tl,N THE UNITED STATES CONFERENCE OF MAYORS 1620 E~ STltEET. NORTHWEST WASHIN<;TON, D,C, 20006 TELEPHC)NE (202) 293.7330 FAX <:202) 293-2352 URT,~ ,",ww.usmayQr.t.org To: The Mayor From: r ~.._IU'" ..-- Executive Director Subject: Senate Dear Colleague Letter Supporting the CDBG Program Please call and urge your Sea alors to co-sign the attached "Dear Colleague" letter from Senators Norm Coleman and Patrick Leahy to Budget Chainnan Judd Gregg and Ranking Member Kent Conrad supporting a budget allocation 0[$4.3 billion for CDBG in the FYZ007 budget. To co-sign, your Senators' staff should contact David Eiselsberg in Senator Coleman's office at (202) 224-5641, or Jessica Berry with Senator Leahy's office at (202) 224- 4242, by close of business on Tuesday, March 7, 2006. lfyou have any questions, contact Gene Lowe of the Conference of Mayors staff at (202) 861-6710. ~ 'iY-. Mar B6 2BB6 12:16:12 Via Fax -) 5612437199 Mayor Perlnan Page BB2 Of BB4 llnitrn ~tates ,~r.mttt> WASHINGTON. DC :00510 :\\a~h 3. 2006 Support the Community Development B.lock Grant Program pear Cd league; P[ea~ join US in r~que.ting that me Senate Budg.:! COlll!;)[ttcc provide $4.::; biilion 10 support IDe Communit)" Dc.'clopment Block Gram. (CD30) Program in the f=at year 2007 budget r"solutio"', CDBG ,;; Ihe cenlerpiec" "fthe Fed"",1 yove!1Ullcnt'. ci':'('r'".:S to hdp stateS and localiTies meet ~he nccds "flow-income communities. CDBO funds vital h,msing rehabilitatiO:l, sup~oni.'c services. public impro,'cments and economk devdopmenl projectS in communilies across !h" natil.'I'. it '""IVCS more man 1,100 enthiement communities.. urban c:ounties and state,.:rnd more thar. 3.000 rural communities. CDBG is one of me most d'rcctive Federal domeSlic programs to he!p re";I~Ezc neighborhoods with pr,,'~n r~'tlhs" For exampl.::. las, )'cu Vermont w~s able IC\ use CDBG &l'ar:tS to TChabilitate o\'er 500 units of affordable housing and help create or ;m.'SC!'\'c over 215 ,.iobs. raising the standard of li....ing across v crOlonl. In :Viin"es.)!a. CDSO ,b"'''''''"' ildped fund the Mairr 57.!".::e! Progmm which reviu.Ezcd dowmown SL Paul. crc,,-!ing thousands orjobs and bringing people lYack (,) me dl~. Th~r" are hundreds of similar stories across li1e nation. but in each ,'f1!1em !he messag.: is the same: CDBG timti'l are critical building blocks for impnJ\ing our communities. our neighborhoods and our eCl)n()m~'" We hope thal you "ill join us in suppord!l1,: this valuahle c\"rnmWli!y deve!t,lpm(.'ot progr.un by signing !he llrtached leu.:r to Budge! Chllinn:m Gregg and R:;...,king !vlember Conrad. F<'r mon: informmion or ~o sign this lcner. please Itavc your sUlff CNr..aC! Da,'id Eiseisb<:rg in S~na\or C:okman's oft:c" al. 4-5641, or Jessica Berry witt>. S"na\o:' L.-ah)"s office 1!l4--41~:. b}' cl<>;;e of t-usil\<.'$S on Tuesday. March 7_ 2006. UClc.w Sincerely, 1::..~ Y:-7 U.S. S~oaror - ,,= C<,!eman U.S. SenalN Mar B6 2BB6 12:16:58 Via Fax -) 5612437199 Mayor Perlnan Page BB3 Of BB4 ~initd~ ~tah'5 ~enatc WASHINGTON. DC :ZOS1 0 ~larcil 8. 2006 The Honorable Judd Gregs Chairman Committee on IDe Budgel United States Senate Washingtoll. D.C. 20510 The Honorabk Kem Conrad Ranking M=b"" Commi[l....~ on th" Rudge, Llrj~d Slates Senate Washington, D.C. 20~] 0 Dear Cb.:lirma.. (;re2!ol and Rankitl2 :vt'mb~r Conrad: . ....... - A, you neur c<.msideration of the FY 2007 Budget Res(>ludon. we urge me Budge~ CommiTtee 10 op!'Ose me budget p:cposaJ tv cut t'undjJlg for the Community Development Blc,ck Grnn1S (CDBG) Program by ne~,rly $1 billion. ,)[ 25 percent. Inst""d, m: urge the Budget Comminee to maintain 1he ,."dera! govemmenfs cornmitmen: :0 community de\'elopmeOl programs a. th" Di:!panmtln; of Housing and Urbtln Development (HUD) ;:Ind suppon n budge I allc.:mion "f54.3 billion in Function 450 for CDBG. The ce>mrnuni:;cs nUll haw bcndited from CDBG wi;! be devastated if,he HUD proposal to ell! funding is .:n2.cted_ CD8G s""rves more ili:m i .100 .:mitlemem eommunitk;;. urban coumies and SlalcS. and more th:m 3.DOO rural C,'mInlm;lie. nationwide. It is th.: ccm;:rpi~c" of the Fe<iera! govemllleni$ efforts '" help s!l!!es a.,d loc~jili~ me"t ;he needs of low-income communities, The P~og"'m fund;; ,'ila! lKlmeownersl-Jp. housing rehabilitation, public improvcmems. public ser...-;"cs l:'ld ""COllOmie d,,'elorment ;m,jectS :n commllllilies nalionwide_ II also Sl.!ppor.s commu'~ily.ba..",d or~"nizations a,.,d ill<: cru.;;ai work they co to deli"". iU.'Iuan s':-rvi~es :and ~.~builc neighborhoods_ tDBO is v!," oflhe most "flee!:,,;, Federal domeslic progrwn~ to revitalize ;'Ici!lhborh(,od~ with proven resuhs- Over 95 percent ..)ftlr.: FY 2005 CDSO ftu;~diIlg \\'em to activities principally benefiting h"'\v- and modcl"3t{'.'lnco;ne persons.. Twcnt.:-.-~ighl perCl:nt of CDaG funds SUPPO:1:ee. 110using actl"hies in 2istres$Cd communilies~ :..;. pi:!rcem supported rublic imp;ovetr.en;;." 15 percenl we:lllO til..., l'rlwisiQn of pl'blic sen-ices, and 7 pen;eni Sl:pport,-d "commie develop,ccm 3cti\'itie;. !n fY ::!005_ CDBG housln~ projc~ts :l$sistcd over 166_000 hOi.I.~~olds. bdudh:g t1rr.mciai assislanc::: tl,) n~\\: hOIn~'\\'rlets and rehabliitation assi~rnncc to the ddc:--:y and OLher existing homeowners.. Economk d...::""eiopmenr prog~'a..t1lS b..mefiting from CDBG Wl ~;~.ar cre~tcd ...."\r rel:i!n~d a"..f 91.000 fu!i-lime jobs. CDBO ~lsv has a strollg r"c..-,rd in business relent!"n: CDtler hJS ensl=d that over 80 ]X'rccni of Utel:>u,inesses as,;:$led through IDe program W,,~e still ill o~rntjon after th~ years. Mar B6 2BB6 12:17:45 Via Fax -) 5612437199 Mayor Perlnan Page BB4 Of BB4 The CDBG "'(muJ.. alloca~on W'JS funded !ll $4.4 1 billion in FY 2001. Since then. th~ farmula ;,110Calion has decr:ased by $670 million, or : 52 percent, \\;th a ii, c percent cut in FY ZOCS gn:! a ! 0 percent cut in ;:Y 2006. The:: FY 2007 HUD budgel WOll!.:! reduce [he formul~~ funding by an additkn..-aj :25 pet;;ent. ~~'!.l~~g \he formula aU(X:'.a1ioD by 0"<:; a ;;hird inj~t lhr~ years. In light of Incse drastic culs_ communities h~ve struggled to continue their programs and have discvntin"cd critical proje::ct; t;:>r low. and Clod,~rnte-itlcome persons. We Ih~f'do~c ask yo.) 10 :ejecl rhe proposed c",\:>.nd 3:.<k :<'Oll to su~"ort 5...3 billion in funding for Ihe CDBG Progrnm. Thank you for y'our consider:\ticn. \Vc lOl'k forward I.C WO!!cing with you \<> enS""" ,hat communities acWSS the country can provide good ja~s_ aff<>rdablc hou~ing. and public sen-'kcs to meet the needs of all Amcri=s. Sincerely, Xorm C,)k:nan .--..--.-- l'allick Leahy ..--....,..". ~--- e:rm)e:~MM'SS'ittiNipittie:illiMeN!f~!fIOfif))) '" DAV~. ~?f N. T'( MANAGER PAul ~ING, DIR TOR OF PLANNING & ZONING MEETING OF MARC 6, 2006 - REGULAR AGENDA CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 2.4.4 (E) (2) TO CLARIFY TIMEFRAMES FOR DEVELOPMENT APPROVALS. """"'~~ TO: FROM: SUBJECT: ITEM BEFORE THE BOA~l> , 'I The item before the City Commission is approval of a City-initiated amendment to the Land Development Regulations Section 2.4.4(E) (2) clarifying timeframes for development approvals. PROPOSED LD~ AMENDMENT ,', ,', .. HI The City-initiated amendment to the Land Development Regulations is being processed to clarify that initial approvals for Site Plans, Conditional Use approvals, landscape plans, architectural plans, and preliminary subdivision plats are valid for 24 months. Further, that if Class I, II, and III site plan modifications or minor conditional use modifications are made to the approved plans before they are considered established by LDR Section 2.4.4 (D), (between 25% - 100% of construction completed by the approval expiration date), the modification approvals do not extend the expiration date of the original approval. The amendment does clarify that if a Class IV site plan modifications or major conditional use modifications are made to the approved plans before they are considered established the approval would modify the original approval date an additional 24 months. The clarification is being recommended to address an applicant's recent assertion that an intervening Class III site plan modification automatically extended a Class V site plan approval that was nearing its expiration date. The Class III site plan modification findings differ from those required of a Class V extension. The Class III findings requires an acknowledgment that the proposed changes do not significantly affect the originally approved plan; while the extension request findings requires the project to be evaluated pursuant to the Land Development Regulations in effect at the time of consideration of the extension request and requires compliance with such current requirements. I" PLANNING AND ZONING BoARD CON$ID!R~T10N , "'J The Planning and Zoning Board held a public hearing on this request on January 23, 2006. After presentations from Planning Staff the Board voted 7 to 0 to recommend to the City Commission approval of the amendment to Land Development Regulations Section 2.4.4(E) (2) Expirations of Approvals, Conditional Uses, Site Plans, Landscaping Plans, Architectural Plans, and Preliminary Subdivision Plats 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. RECOMMENDED ~CTION ' , " ,I Move to approve the amendment to Land Development Regulations Section 2.4.4(E) (2) Expirations of Approvals, Conditional Uses, Site Plans, Landscaping Plans, Architectural Plans, and Preliminary Subdivision Plats 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. Attachments: . Proposed Ordinance . Planning & Zoning Staff Report of January 23, 2006 lOA ORDINANCE NO. 11-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.4.4, "GENERAL PROCEDURES PERTAINING TO APPROVAL OF LAND USE AND DEVELOPMENT APPLICATIONS", SUBSECTION 2.4.4(E), "EXPIRATION OF APPROVALS", TO CLARIFY TIMEFRAMES FOR DEVELOPMENT APPROVALS; 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 January 23, 2006 and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 2.4.4, "General Procedures Pertaining to Approval of Land Use and Development Applications", Subsection 2.4.4(E), "Expiration of Approvals", 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: (E) Expiration of Approvals: (1) Prior Approvals: Any development application approved prior to the adoption of these Land Development Regulations shall be handled pursuant to Section 1.2.2. (2) Conditional Uses, Site Plans. Landscapina Plans. Architectural Plans. Preliminary Subdivision Plats: All development approvals. includinq The follO'....ing shall apJ3ly to unexpired development approvals that have not been previously extended anEl new develoJ3R'lent applications submitted Wior to March 15, 2005 anEl to nmv development aJ3plioations submitteEl after March 15, 2005. Development apJ3rovals shall be valid for a period of twenty-four (24) months, unless a different period is specifically stated. in Gonditions of a~~roval. Ouring this approval period, the project shall be established pursuant to 2.4.4(0). This section shall not apply to extensions of development approvals. Extensions shall be governed by Section 2.4.4(F); provided, however an extension granted under 2.4.4(F) (4) shall not be considered a previous extension under this section. If the proiect is not established within the 24 months. as defined bv LOR Section 2.4.4(0) an extension mav be requested pursuant to LOR Section 2.4.4(F). Approved plans that have not been established within the 24 month period shall not have their approval date extended if a Class I. II. and III site plan modification or minor Conditional use modification is submitted durinq the 24 month period. However. if a Class IV site plan modification or maior conditional use modification is submitted and approved durinq the 24 month period. this approval shall be considered a new approval and extend the development approval date for an additional 24 month period from the date the Class IV site plan modification or maior conditional use modification was approved. (3) Certificates of Appropriateness. Relief from Parkina Reauirements. Waivers. and Adiustments: and similar approvals which are associated with a specific development application shall remain valid for the same period as said development application. These approvals do not run with the land nor are they transferable to another development proposal. (4) the land. Abandonments. Final Plats. Variances: are final actions which run with (a) Once approved by the City Commission, the final plat must be recorded within eighteen (18) months. If the final plat is not recorded within eighteen (18) months, the approval expires. (b) A final plat may be vacated by action of the City Commission [See Section 2.4.5(L)]. 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 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 2 ORD. NO. 11-06 Section 4. 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. 11-06 MEETING DATE: JANUARY 23, 2006 AGENDA NO.: III. F. AGENDA ITEM: CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 2.4.4 (E) (2) TO CLARIFY TIMEFRAMES FOR DEVELOPMENT APPROVALS. ~- .. __,__).";~',~'"~i~,.",,,,,<~ ",~, __",:~,', j'J::'d,Jjet~':N;;K":;;;;-<~"1',."'~^,~:kb,: ' , ,', _ " ',,!'__n. , " .' The item before the Board is that of making a recommendation to the City Commission regarding a City-initiated amendment to the Land Development Regulations Section 2.4.4(E) (2) clarifying timeframes for development approvals. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. The City-initiated amendment to the Land Development Regulations is being processed to clarify that initial approvals for Site Plans, Conditional Use approvals, landscape plans, architectural plans, and preliminary subdivision plats are valid for 24 months. Further, that if Class I, II, and III site plan modifications or minor conditional use modifications are made to the approved plans before they are considered established by LDR Section 2.4.4 (D), (between 25% - 100% of construction completed by the approval expiration date), the modification approvals do not extend the expiration date of the original approval. The amendment does clarify that if a Class IV site plan modifications or major conditional use modifications are made to the approved plans before they are considered established the approval would modify the original approval date an additional 24 months. Section 2.4.4. (E)(2) is to be amended as follows: (2) Conditional Uses. Site Plans. Landscaoina Plans. Architectural Plans. Preliminary Subdivision Plats: All development approvals. includinQ The following !;hall apply Ie unexpired development approvals that have not been previously extended and new development application!; submitted Ilrior to March 15, 2005 and to new develollment alllllications submitted after March 15, 2005. Development allllrovals shall be valid for a period of twenty-four (24) months, unless a different period is specifically stated. in conditions of approval. During this approval period. the project shall be established pursuant to 2.4.4(D). This section shall not apply to extensions of development approvals. Extensions shall be governed by Section 2.4.4(F); provided, however an extension granted under 2.4.4(F) (4) shall not be considered a previous extension under this section. If the proiect is not established within the 24 months, as defined by LDR Section 2.4.4(Dl an extension may be requested III. F. Planning and Zoning Board Memorandum Staff Report, January 23, 2006 Amendment to LDR Section 2.4.4 (E) (2) . ursuant to LDR Section 2.4.4 F. Class I II and III site Ian modifications or minor Conditional use modifications of approved plans that have not been established. as defined bv LDR Section 2.4.4 0 will not extend the ori inal develo ment a roval date. Class IV site Ian modifications and ma'or conditional use modifications of a roved lans that have not been established will be considered a new approval and extend the development approval date for an additional 24 months. The clarification is being recommended to address an applicant's recent assertion that an intervening Class III site plan modification automatically extended a Class V site plan approval that was nearing its expiration date. The Class III site plan modification findings differ from those required of a Class V extension. The Class III findings are that the proposed changes do not significantly affect the originally approveq plan, while the extension request requires the project to be evaluated pursuant to the Land Development Regulations in effect at the time of consideration of the extension request and requires compliance with such current requirements. LOR Section 2.4.5(M)(5) (Findinqs): 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. The Goals, Objectives and Policies of the City's Comprehensive Plan were reviewed and no specific goals objectives or policies were found. The amendment is corrective in nature and while the amendment does not further any specific Goal, Policy or Objectives of the Comprehensive Plan it is not inconsistent with them. Courtesv Notices: Courtesy notices were provided to the following homeowner and civic associations: . Progressive Residents of Delray (PROD) . President's Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. The City initiated amendment to LDR Section 2.4.4. (E)(2) is corrective in nature and is being proposed to clear up any confusion with respect to initial approval time periods and the status given to intervening site plan modifications to development approvals that have not been established pursuant to LDR Section 2.4.4 (D). The proposed amendment is consistent with the Goals, Objectives and Policies of the Comprehensive Plan and does not diminish them. 2 Planning and Zoning Board Memorandum Staff Report, January 23, 2006 Amendment to LOR Section 2.4.4 (E) (2) , ~1&i5;r+f~~I~~(:!~_ I Move to recommend to the City Commission approval of the amendment to land Development Regulations Section 2.4.4(E) (2) Expirations of Approvals -Conditional Uses, Site Plans, Landscape Plans, Architectural Plans 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. Attachments: . Proposed LDR Amendment 3 MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER 'fJt'f\ AGENDA ITEM # 'Ot) - REGULAR MEETING OF MARCH 6. 2006 ORDINANCE NO. 12-06 (AMENDING CHAPTER 37. "DELRAY BEACH CODE ENFORCEMENT") TO: SUBJECT: DATE: MARCH 3, 2006 This ordinance is before Commission for second reading and public hearing ro amend Chapter 37, "Dekay Beach Code Enforcement", Section 37.45, "Supplemental Code Enforcement Procedures", of the Code of Ordinances, to include enforcement by Law Enforcement Officers of all non-criminal City ordinances. At the first reading on February 21, 2006, the Commission passed Ordinance No. 12-06. Recommend approval of Ordinance No. 12-06 on second and final reading. S:\City C1erk\agenda memos Ord 12-06 /Code Enforc Proc 030606 [IT' DF DELIA' BEA[H em ATTORNEY'S OFFICE _ POLICE LEGAL ADVISOR , ~ III! ~ TELEPI-l()~E )61/2.i3-7~25. FACSIMILE '561/243-71-\15 ,"00 \V ATLANTIC A\'E".;['E. DURAY UEACIl, nORmA 33444 1993 POLICE LEGAL ADVISOR MEMORANDUM To: City Commission David Harden, City Manager Catherine M. Kozol, /~-' Police Legal AdVisor/AVity Attorney February 3, 2006 From: Date: Re: Ordinance No. 12-06 Amending Supplemental Code Enforcement Procedures This is an ordinance which amends Code Enforcement Procedures to include and permit Law Enforcement Officers to enforce certain City Ordinances through a citation instead of just a Notice to Appear (a form of arrest). For example, Law Enforcement Officers will be able to deal with a person walking a dog on the beach with a citation instead of an arrest. Would you please place this ordinance on the February ih Agenda. Ath/encs. cc with Encs. Chevelle Nubin, City Clerk Susan Ruby, City Attorney Chief J. Schroeder \~A ORDINANCE NO. 12-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 37, "DELRAY BEACH CODE ENFORCEMENT", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 37.45, "SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES", TO EXPRESSLY INCLUDE ENFORCEMENT BY LAW ENFORCEMENT OFFICERS OF ALL NON- CRIMINAL CITY ORDINANCES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Florida Statute 162.21(8) grants authority to municipalities supplemental means to enforce municipal ordinances, WHEREAS, Florida Statute 162.21 allows law enforcement officers to be designated as code enforcement officers, WHEREAS, the City of Delray Beach wishes to use citations as a supplemental code enforcement procedure for certain city code violations, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title 3, Chapter 37, "Delray Beach Code Enforcement", Section 37.45, "Supplemental Code Enforcement Procedures" of the Code of Ordinances of the City of Delray Beach, be, and the same is hereby amended to read as follows: SEC. 37.45. SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES. (A) The provisions of this Section are additional and supplemental means of enforcing the City's ordinances and may be used for the enforcement of any noncriminal ordinance, or for the enforcement of all noncriminal ordinances. Nothing contained in this Section shall prohibit the City from enforcing its codes or ordinances by any other means. (B) A Code Enforcement Officer. (!REl!er Fire Safety Inspector and/or Law Enforcement Officer for the ourooses of this Section. is authorized to issue a citation to a person when, based upon personal investigation, the officer/inspector has reasonable cause to believe that the person has committed a civil infraction in violation of a duly enacted code or ordinance and that the County Court will hear the charge. (C) Prior to issuing a citation, a Code Enforcement Officer. BREl/er Fire Safety Inspector and/or Law Enforcement Officer for the DurDoses of this Section. shall provide notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be not more than thirty (30) days. If, upon personal investigation, a Code Enforcement Officer. and/or Fire Safety Inspector and/or Law Enforcement Officer for the Durooses of this Section. finds that the person has not corrected the violation within the time period, a Code Enforcement Officer. aRs.'er Fire Safety Inspector and/or Law Enforcement Officer for the DurDoses of this Section. may issue a citation to the person who has committed the violation. A Code Enforcement Officer. and/or Fire Safety Inspector and/or Law Enforcement Officer for the DurDoses of this Section. does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue a citation if the Code Enforcement Officer. and/or Fire Safety Inspector and/or Law Enforcement Officer for the DurDoses of this Section. has reason to believe that the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible. (0) A citation issued by a Code Enforcement Officer. BRs/er Fire Safety Inspector and/or Law Enforcement Officer for the Durooses of this Section. shall contain: (1) The date and time of issuance. (2) The name and address of the person to whom the citation is issued. (3) The date and time the civil infraction was committed. (4) The facts constituting reasonable cause. (5) The number or Section of the code or ordinance violated. (6) The name and authority of the Code Enforcement Officer. BRs,(er Fire Safety Inspector and/or Law Enforcement Officer for the Durooses of this Section, (7) The procedure for the person to follow in order to pay any civil penalty or to contest the citation. (8) The applicable civil penalty if the person elects to contest the citation. (9) The applicable civil penalty if the person elects not to contest the citation. (10) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he shall be deemed 2 ORO. NO. 12-06 to have waived his right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty. (E) After issuing a citation to an alleged violator, a Code Enforcement Officer. aREl/er Fire Safety Inspector and/or Law Enforcement Officer for the ourooses of this Section. shall deposit the original citation and one copy of the citation with the County Court. (F) A violation of an ordinance enforced in this manner shall constitute a civil infraction. The person receiving the citation may within ten (10) days from the date of the citation elect to appeal the citation to County Court or pay the penalty imposed. Should the person fail to pay the penalty or appeal the citation within the ten days or fail to appear in court to contest the citation, they shall be deemed to have waived their right to contest the citation and a judgment up to the maximum penalty may be entered against them. (G) The classes and schedule of fines shall be as follows: (1) Class 1--$50.00 fine shall be assessed for: (a) All violations not specifically enumerated in other fine classes; and (b) Violations of Chapter 91, "Animals", excluding sea turtle provisions. (2) Class 11--$75.00 fine shall be assessed for: (a) Repeat violations of Class I violations; (b) Violations of the Land Development Regulations of the City of Delray Beach; (c) Violations of Chapter 90, "Abandoned Property"; (d) Violations of Chapter 98, "Litter"; (e) Violations of Chapter 99, "Noise"; and (f) Violations of Chapter 131, "Offenses Against Property". (3) Class 111--$125.00 fine shall be assessed for: (a) Repeat violations of Class II violations; 3 ORD. NO. 12-06 (b) Violations of Chapter 91 regarding sea turtles; (c) Violations of Chapter 96, "Fire Prevention and Fireworks". (The requirements of Florida Statute Section 633.052 shall be followed prior to the issuance of a citation); (d) Violations of Chapter 97, "Health and Safety"; and (e) Violations of Chapter 101, "Parks, Beaches, and Recreation". (4) Class IV--$250.00 fine shall be assessed for: (a) Repeat violations of Class III violations; (b) Violations of Section 51.02, "Dumping on Property Owned by Others Prohibited"; (c) Violations of Section 51.20, "Industrial and Hazardous Waste Disposal"; (d) Violations of Section 51.57, "Contagious Disease Refuse and Hypodermic Needles"; (e) Violations of Section 51.59, "Offensive Deposits; Burying and Depositing in Waterways"; and (f) Violations of Chapter 53, "Sanitary Sewers", pertaining to discharges into sanitary sewer system. (H) Any person who willfully refuses to sign and accept a citation issued by a Code Enforcement Officer. anElJsr Fire Safety Inspector and/or Law Enforcement Officer for the Durooses of this Section. shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. Sections 775.082 or 775.083. 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 decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. 4 ORD. NO. 12-06 Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. 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_. MAYOR ATTEST: City Clerk First Reading Second Reading 5 ORD. NO. 12-06 [ITY DF DElRAY BEA[H ,01\ t?1 , CITY ATTORNEY'S OFFICE 2()(1 '-'W hI AVEI\U' DFLRAY BEACH, FLORIDA .13444 TF.LLPl-lOr\E: :161/>1-:17090' h\CSIr...1ILE: 5() 1/27X-4755 DELRAY BEACH bad Ail-America City Write(s Direct Line: 561/243-7091 , , III! DATE: MEMORANDUM March 2, 2006 1993 2001 FROM: City Commission David Harden, City Manager {l-...~~ Brian Shutt, Assistant City Attorney TO: SUBJECT: Clarification of PurchasinQ Procedures ReQardinQ Personal Services Contracts The attached ordinance clarifies that personal service contracts, such as contracts for artistic work, are dependent upon the expertise and skill of the person performing the work, therefore, such contracts would not be awarded based on a competitive bid regarding the price but based on the skill and expertise of the person performing such services. This clarification is needed as the City will be sending out a "Call to Artists" seeking artists to install/construct an art project under the Atlantic Avenue Bridge at Veteran's Park. It is anticipated that the award will be based primarily on the artist's proposed project and qualifications. Our office requests that this item be placed on the March 6, 2006 City Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, City Clerk Doug Smith, Asst. City Manager Joe Safford, Finance Director \~ ORDINANCE NO. 13-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 36, "FINANCE; CITY PROPERTY TRANSACTIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 36.01, "COMPLIANCE WITH STANDARD PRACTICE INSTRUCTIONS", TO PROVIDE THAT PERSONAL SERVICES CONTRACTS ARE EXEMPT FROM THE REQUIREMENTS ON CHAPTER 36; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City has always adhered to purchasing procedures where the person, entity or thing was purchased based on the lowest price or most qualified person/entity; and WHEREAS, this process will not change, however, to clarify this process, personal services contracts will not be subject to the competitive bid requirements of Chapter 36; and WHEREAS, it has long been held that contracts for personal services that involve a peculiar skill or ability may not be required to be let by competitive bid, See, City of Pensacola v. Kirby, 47 SO.2d 533 (Fla. 1950). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 36, "Finance; City Property Transactions", Section 36.01, "Compliance with Standard Practice Instructions", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Sec. 36.01. COMPLIANCE WITH STANDARD PRACTICE INSTRUCTIONS. (A) The details of all City purchasing shall be performed in accordance with the latest current revision of a standard practice instruction as issued by the City Manager, and as this reflects the requirements of the City Charter and the current revision of the City's Code. Personal Services Contracts that involve a peculiar skill or abilitv. such as. but not limited to. contracts for artistic work. are dependent upon expertise. skill and experience. Personal Services Contracts are not subiect to the competitive bid requirements of this Chapter. (B) The City Manager or his designee shall have the authority to execute on behalf of the City, all purchase orders, contracts, change orders, service authorizations or modifications thereto when a public hearing, or approval, review, selection or award by the Commission is not requested by this Chapter. 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 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 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2006. MAYOR ATTEST: City Clerk First Reading Second Reading 2 ORD NO. 0.3/02/2006 11: 45 FAX 5615338163 FHC Grea~er PB , FAffi HOUSING CENTER OF THE GREATER PALM BEACHES F FAIR HOUSING ENFORCEMENT. EDUCATION & LEGAL SUPPORT SERVIa:S 1300 W. LANTANA RD. STE.200, LANTANA, FL. 33462 Phoae; 533-8n7-P2X: S61~.53J...8163. E-.mail:fbcalmbeach~s.c:om.web-sile:~.Iai.tb.ous.rida.com. FAXcOVER Date: From: To: No.: Re: 3/2106 .Jani~ Spazante Carolanne 561.243-3774 2006 Fair Housing Aet Proclamation cc: \ ~1Y' ~lZ TOIa' Faxed Pages ~ including cover A h-LEh-fDER OF THE NATIONAL FAIR IIOUSINC ALLIANCE THIS PACSIMILE TRANSMISSION IS INTENDED ONU' POR THE ADDIU!SSEE INDICATED ABOvE. IT MAY CONTAIN INFORMATION THAT IS PRIVILEGED. CONPIDENIlAL OR OTIlERWISE PROTECTED FROM DISCLOSURE. ANYREVIEII'. DISSEMINATION OR USE OP nus TRANSMISSION OR IT'S CONIENTS BY PERSoNS OTHER mAN THE ADDRESSEE, IS snumy PROHlBITED. lFYQU HAVE RECEIVED TIllS FACSIMILE IN ERROR,. PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND MAIL THE ORIGINAL TO THE ADDRESS ABOVE. \N\NVV _ fairhousingflorida.com ED MAR 0 'l- 2006 (".. II CLERK 14101 ~ 11:46 F~ 5615338163 FHC Grea~er PB IJi 01 1300 ~n Uuwur4 lI.d' Suire 200 . !Ani""... t'L""3J462 Voice: 561-533-8717' ToU Fne: 1-877.910-FAlR' Fta: 561.533-8163 e_miJil:jhc:ptzlmbedch@cs.com. .,.,~b-siu: ",,,'w-fairholJ..SincflDrlda..com February 28, 2006 The Honorable ]e1rPerlman Mayor of the City ofDelIay Beach 100 NW First Avenue Delray Beach, FL 33444 Dear Mayor Perlman, As you know April is National Fair Housing Month and we are encouraged that we can count on your support as we ask you to enact a proclamation supporting the Fair Housing Act, just as the City of DelIay Beach has done in the past, To help your city do its part, we have enclosed a copy of the proclamation you signed in 2005 to assist you, Please note the changes that will need to be made on this year's proclamation: . This year i,s the 3811> annivernuy of the Fair Housing Act . The date needs to be changed from April 2005 to April 2006 Beeause of your continuing support in fair housing, I WlUlt to invite you to join your fellow governmeut officials at the Stll Annual Fair Housing Mouth Celebration Luncheon, where we intend to recognize your contribution to this very important struggle. As President and CEO of the Fair Housing Center, as well lis Chairman of the Palm Beach County Commission on Affordable Housing, I know that the American Dream of Rome Ownenhip and Self Sufficiency cannot be accomplished without your support. Curt Fonger, the Evening Anchor for NEWSl2, will perform the Master of Ceremonies for the even1, which will be held at the Palm Beach County Convention Center, on April 19, at 11 am, Ms. Kim Kendrick., !-IUD Assistant Secretary of Fair Housing and Equal Opportunity, will give the keynote address. The theme for this national celebration. which has been selected by the Assistant Secretary is, "FAIR HOUSING, IT'S NOT AN OPTION-IT'S THE LAW". Any financial conuibution to support this community event would be greatly appreciated (See attached). lfyou have any questions please don't hesitate to contact me at (561) 533-8717. :~~ President & CEO . .J\lED ',".,__ 'v' MAR 0 ~ 2006 iTY CLERK A MEMBER OF THE NATIONAL FAIR HOUSING ALLIANCE 0_3/02/2006 11: 46 FAX 56153_38163 FHe GreaTer PB f4l02 [ITY DF DElRAY BER[H 100 N_W. 1sl A.VENUE DEt..R,j,y aEACI-i. Ft..OAIDA 33....4.... S61J;i!d.3-)'OOO DEl......, BEACH ii- .... -. 'TITf! PROCLAMATION I99J 2001 ~REAS, ahhough Equal Housing Opporrunity is a right gua.ran~eed to all Americans under Tide VIII of the 1968 Civil Rights Law, the struggle agains~ disc:rinUnation in housing continues; and ~REAS, each year since the enacunent of the National. Fair Housing Act, the feder.al govemment designates April, the anniversary month of that law, as Fair Housing Month; and 8'tfk . WHEREAS, on this the,j:r" Anniversary, the City of Delray Beach is pleased to join in that designation, since it provides an opporrunity for all Americans to rededicate themselves ~o the principles of freedom of housing choice and to reacquaint themselves with the rights and responsibilities that are theirs under the la",; and WHEREAS, since fair housing is consistent '>lith the principle of equality and justice for all - principles upon which our nation was founded - we all need to share in the fight ~o ensm:e fiur housing is a reality for all residents; and WI--lEREAS, the Fair Housing Center of the Greater Palm Beaches provides fair housing education and outreach services for the City of Dekay Beach. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proc1.aiIn April, zoot as " FAIR HOUSING MONTH in the City of Delray Beach, Florida, and urge, all citizens to jOin the efforts to reaffinn fair housing opportunities for all people. IN WITNESS WHEREOF, I have hereun~o set my hand and caused the Official Seal of the City of Dekay Beach, Florida, w be affixed this 15'" day of March, 200~ ~ -'~---~ ~~,~ -~ ~ - .. 'oJ -=- " ~ .;;;f -- .. ~.{~RLMAN MAYOR .... _: ,.~ ... ~- '''4 ~-o.:. ....,.,. ~: .~ - --_ --.. illit ......- ~~.. - .._-.-?-.~ ~~: \> ~...- TL~r EF~()RT Al.wAYS MATTERS 03/02/2006 11: 46 FAX 56153.38163 FHe GreaTer fB 14103 , FAIR BOUSING CENTER OF THE GREATER PALM BEACHES, INC. Ft-.r 2006 FAIR HOUSING MONTH CELEBRATION LUNCHEON SPONSOR NAME DATE ENTITY TITLE ADDRESS CITY STATE ZIP TELEPHONE FAX E-MAIL Bronze SOODsor SI000 + Cl Bronze Sponsor.; will receive a table for ten and a half page advertisement in the Annual Fair Housing Month Celebration Luncheon Booklet. SUver SooDsor S2000 + Cl Silver Sponsors will receive a table for ten.. Certificate of Appreciation, and a full page advertisement in the Annual Fair Housing Month Celebration Luncheon Booklet. Gold Sponsor 53000+ Q Gold Sponsor.; will receive a table for ten.. a Special Luncheon Award, a full page advertisement in the Annual Fair Housing Month Celebration Luncheon Booklet and company namellogo displayed for six months on the Fair Housing Center's information web-site. PIea5e return this form and your tax-deductible or CRA applicable eontributlon to the: Fair Booing Ceoter of the Greater Palm Beeebes 1300 West Lantaoa Road, Suite 200 Lantana Florida. 33462 aI:\ ~ TO: D~ T. ~ ~ITY MANAGER THRU, :if.jf.'5'NG,!fRECTOR OF PLANNING' ZONING FROM: SCOTT A~, PARKING MANAGEMENT SPECIALIST SUBJECT: MEETING OF MARCH 6, 2006 - CONSENT AGENDA APPROVAL OF A LEASE EXTENSION BETWEEN THE CITY AND THE FIRST PRESBYTERIAN CHURCH FOR THE GLEASON STREET PARKING LOT In 2001, the City and the First Presbyterian Church, located at 33 Gleason Street, entered into a lease agreement which allowed public utilization of a parking lot owned by the Church on the west side of Gleason Street. One of the major elements in securing the lease was that the City agreed to reconstruct the lot (repaving, restriping, landscaping, etc.). The reconfiguration of the lot increased the capacity from 24 to 39 parking spaces. Section 5 of the lease requires the reservation of one parking space for the exclusive use by Dr. Bush, Senior Pastor, resulting in 38 parking spaces, available to the general public. The lease agreement commenced June 1, 2001 and expired on May 31, 2004. An automatic renewal clause extended the agreement to May 31, 2006. Monthly lease payments were established at $1 ,140 per month, at an annual cost of $13,680. Attached for your review is a letter drafted for the Mayor's signature to the Board of Trustees of the Church requesting renewal of the lease under the same terms and conditions (Le. three year term with two year extension at the same monthly lease payments) The Parking Management Advisory Board, at its meeting of February 28, 2006, unanimously recommended approval of the renewal request for the Gleason Street Lot lease with the First Presbyterian Church. By motion, approve the request for the lease extension between the City and the First Presbyterian Church for the Gleason Street Parking Lot. Allachment: . Leller of Request . Lease Agreement 81\ [ITY OF DElRA' BEA[H OELRAY BEACH I L 0 . , 0 A ~ Ail-America City , I III! 1993 2001 100 N.W. 1st AVENUE. DHRAY BEACH, FLORIDA 33444.561/243-7000 March 6, 2006 Dr. Theodore A. Bush, Senior Pastor First Presbyterian Church 33 Gleason Street Delray Beach, FL. 33483 Dear Dr. Bush: The current lease agreement between the City and Church for the Gleason Street Parking Lot is due to expire on May 31, 2006. The City would like to renew this lease agreement under the same terms and conditions for an initial three (3) year period, commencing June 1, 2006 through May 31, 2009 with an automatic renewal for a two (2) year period to expire on May 31, 2011. Please let us know in writing if this is acceptable to the Church. If it is we will prepare an updated lease agreement for execution. Please feel free to contact Mr. David Harden, City Manager at 561-243-7010 for further assistance in this matter. Sincerely, Jeff Perlman Mayor @ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS bEASE AGREEMENT 'f0. This Lease is made this.JfL day of ~ . 2001, by and between the FIRST PRESBYTERIAN CHURCH OF DELRA Y BEACH (hereinafter referred to as, "Lessor" or "Church") and the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as, ..L....... or "City". WITNESSETH: 1. P.mi.e and DescriDtion. The Church leases to the City, property legally described in Exhibit A, attached hereto and made a part hereof. The property shall be referred to as the "parking lot", the "leased premises", or the "eased property" in this Agreement. 2. Commencement: Tenn. The tenn of this Lease shall commence June 1, 2001 and shall terminate the last day in May, 2004, unless renewed or otherwise tenninated as provided for herein. This Lease will automatically renew for one additional two-year term, unless either the Church or the City gives thirty (30) days advance notice of its desire to not renew the Lease. 3. Pavment of Rent. The City shall pay to the Church one thousand one hundred and forty dollars ($1,140) per month. The City shall pay such amount at the \ first of each month or may, at its option, pay once a year, in advance, commencing upon the date of entering into this Lease and every year thereafter. The City may offset the rent against monies the Church is obligated to pay the City for the actual cost of roadway/alley improvements located within Bronson Street (an estimate thereof is shown in Exhibit B), until such time as the total rent offset is equal to the total amount the City expended to make improvements to Bronson Street. When the rent to be paid by the City is totally offset, the City shall continue to make monthly payments on the first of each month (or pay a year in advance at the City's sole discretion) until the Lease is terminated as provided herein or the Lease expires, whichever comes first. If the City has paid rent in advance and the Lease is terminated by either party, the Church shall repay to the City a prorata amount of the rent the City paid in advance . ~ representing months or parts of months, that the City did not use the property after the termination date. If the City fails to pay rent on the date due, the Church shall give the ~ ;':!l City notice of a failure to pay and the City shall pay within ten (10) days from the City's receipt of such notice. 4. Llahtlna. The City may install lighting. If the City installs lighting, the City shall pay all costs incurred for the improvement including all operation costs and charges. 5. Improvements/Alterations. The City shall not make any permanent improvements or alterations to the parking lot, except as expressly provided for in this paragraph or otherwise in this Lease, unless the City obtains the express written consent of the Church, in advance, to additional improvements. The City shall install up to 39 parking spa~s reserving one space on the lot for the exclusive use of Dr. Bush at a location to be mutually agreed upon by the parties. The City shall reconfigure the parking, restripe the parking lot, rearrange car stops, add car stops and add curbing and landscaping where needed. The City shall install gates for the driveway openings off Gleason Street. The City may install par1<ing meters if it determines to cIo so. The City will delineate a crosswalk from the lot to the east side of Gleason Street with signage in accordance with Florida Department of Transportation standards. The City or the 2 .' Church shall not install permanent dumpsters on the lot unless both parties agree. However, the City may install temporary trash receptacles on the lot. If both parties agree to the placement of a permanent dumpster by the Church, the City may decrease its rental payments by $30.00 per month for each space made unusable by the dumpster location. The gate that leads to Atlantic Plaza may remain as long as it always remains open for pedestrian access. There will be no vehicular access through the gate. The City shall install appropriate landscaping. The City shall bear the total cost of these improvements except as otherwise provided herein. Neither the City nor the Church shall pennanently block the opening referred to in Exhibit C without the express written consent of the other. The opening as shown in Exhibit C shall remain open, but the installation of gates or other temporary barriers by the City is permitted. 6. KeeD In ReDalr and Good Condition. The City shall maintain the par1<ing lot in good condition, including, but not limited to, the patching of asphalt where needed. If the City fails to commence repairs after thirty (30) days written notice from the Church and fails to complete the repairs within a reasonable amount of time, the Church may, upon prior written notice, make such repair(s) and collect from the City the value of said repairs including labor and materials. The City shall clean the par1<ing lot once per week' and will pick up litter prior to any Church use, as described in Paragraph 7, at the City's expense. 7. Use by the Church. The Church shall have the right to the exclusive use of the par1<ing lot on Sundays from 6:00 a.m. until 2:00 p.m. The Church shall have the right to the exclusive use of the par1<ing lot on Christmas Eve, Christmas Day, Good Friday, Easter and Maundy Thursday from 6:00 a.m. until midnight. The Church shall 3 endeavor to give the City five (5) days notice in advance if the times set forth above need to be adjusted. In addition, the Church may have exclusive use of the parking lot for certain other church events including, but not limited to, funerals and weddings (referred to as, "Church Events'') for specific periods of time. The Church shall endeavor to give the City at least forty-eight (48) hours prior notice of the other Church Events. 8. Slanaae. The City shall install, at its own expense, decorative signage indicating the parking lot can be used for public parking and additional signage to indicate when the parking lot is closed and to be used for Chlrch purposes only. 9. Termination. The City or Church may terminate this Lease upon thirty (30) days prior written notice to the other party. Upon termination by either party, the City shall not be obligated to pay any rent after the date of termination and any prepaid rent shall be refunded to the City. 10. Reimbursement for ImDrovements. a.) ImDrovements. Improvements shall include, but not be limited to, all resurfacing, restripping, car stops, asphalting and landscaping, excluding fixtures as defined in Paragraph 10(b). If the Church terminates the Lease during the term of this Lease or during the renewal thereof, the following reimbursements will be made by the Church to the City for the improvements made by the City (excluding fixtures) as follows: Lease Year % Cost of Imorovements that Remain First 6 months Year 1 Year 2 Year 3 100% 80% 60% 40% 4 Year 4 Year 5 ~ 20% 0% If the City terminates the Lease during the teon of this Lease or during a renewal period thereof, the Church shall not be obligated to reimburse the City for any improvements. b.) Fixtures. At the termination or expiration of this Lease (whether the Lease is terminated by the Church or the City), the City in its sole discretion may remove the fixtures. Fixtures are defined as gates, signage, lighting, and parking meters. If the City and Church agree, however, that certain fixtures are to remain at the expiration or teonination of the Lease, either the value of the fixture (to be negotiated by the parties) shall be added to the percentage refund of the improvements referred to in Paragraph 10{a) above, or if the City terminates the Lease and/or no reimbursements are required by the Church, the agreed upon value of the fixtures will be paid by the Church to the City. 11. Taxes and Assessments. Each party warrants to the other that each party is tax exempt. The City however shall pay any taxes or assessments on the leased property including, but not limited to solid waste and stormwater that it is legally allowed to pay by law. If the City is not allowed to pay as provided by law, the Church will pay such taxe~ or assessments as it is allowed or required to pay as provided by law. However, if the Church is required to pay ad valorem taxes, the City, at its sole option, may terminate this Lease and receive reimbursements as provided in Paragraph 10 notwithstanding anything to the contrary set forth in Paragraph 10, or the City may continue to lease the premises and pay additional rent prorated monthly in such amount equal to the ad valorem taxes to be paid by the Church. 5 12. Use of Premises bv the Cltv. The City will use the leased property for parking purposes or other community purposes. 13. Not to Asslan or Sublease. Neither the City or the Church shall assign or sublease all or part of the leased property without the prior consent of the other, except as set forth herein, provided however, the City may license the use to others for temporary special events and may otherwise license the premises to alleviate the parking shortage downtown including, but not limited to, license to valet companies to use the lot if authorized by the City. All licenses shall be made subject to the terms of this Lease. 14. To Yield UD the Premises. The City at the termination or expiration of this Lease will peaceably yield up the leased property which shall be in good repair, reasonable use and wear and tear excepted. 15. Insurance/Nealiaence. The City and the Church shall be responsible for its own negligence. The City however shall provide liability and property insurance coverage and shall name the Church as an additional insured on such policies. The Glty shall pay all premiums on such policies. The insurance shall be for the coverages and amounts shown on Exhibit D. 16. No Waiver: No Recordlna. No assent express or implied of any breach of any covenant by the City or the Church shall be deemed a waiver of any subsequent breach of the same or other covenants. Neither party shall record this Agreement. 6 17. Notice: Whenever notice is required hereunder, it shall be addressed as follows until a written notice of address is given to the other party. City of Delray Beach David Harden City Manager's Office 100 N.W. 1st Avenue Delray Beach, FL 33444 First Presbyterian Church of Delray Beach 33 Gleason Street Defray Beach, FL 33444 18. Modifications/Amendments. All amendments or modification of this Lease shall be in writing. 29. Entire Aareement. This Agreement constitutes the complete understanding and agreement between the parties and supercedes all prior agreements. D~~ City Clerk CITY OF DELRAY BEACH, FLORIDA BY:h,~~O~ ,~-4- David Schmidt, Mayor as to Form: City omey Witnesses: FIRST PRESBYTERIAN CHURCH OF DELRAY B C By: Print name: Title: ~,~ Print Name: ILJ.. 011 ) hf1/~~ bCcy Prin(Name: /#//,e ~/ 7 STATE OF FLO~I~ --0 COUNlYOF t-:abn~u~ The fore~oing instrumen before me this i jf day of fl7tJ....t..( , 2001 by . (name of officer or agent, title of Officer or agent) of -f-k'>-- (name of corporation acknowledging), a ace of Incorporation) corporation, on behalf of the corporation. ~he is personally known to me or has produced (type of identification) as identification. ~~~) Signature of Notary Publi - State of Florida .&i.Im~\ Nan L ThompIOll [,7" II. ;~ MY COMMISSION I cam88 EXPIRES ~~. .....;.~ September 21, 2003 .Iiollf.:i..... IONDfD THf!U OOYF......1NSlIANCE. tK:. Jt: ..~ --'-~ fr; 4,: -~,,~ ~~ . .....' ,"l:1~ -.'.'4< ,,:::;.0 8 t- '- ~- ~~~i~ :_c;;c':''''''': .. "'" "':'';'-'~ ~i '.,'~.' - ~. ..=-,-, EXHmIT cA- Lot Six (6), Block cC"', JOHN B. REID'S VILLAGE, Delray Beach, Florida, according to the plat thereof recorded in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida in Plat Book 21, _ Page 95. :.:~.Z:~~ EXHIBIT "B" BRONSON AVENUE ESTIMATED VALUE OF ROADWAY IMPROVEMENTS Road length - 448 ft. Road Width - 18 ft. Material Quantities: 1 Yo" Asphalt. limerock base. stabilized subgrade 2' Valley Gutter (448 x 18)/9 = 896 sq. yd. 448 lin. ft. Unit Prices: . 1 Yo" Asphalt, limerock base. stabilized subgrade 2' Valley Gutter $12.45 I sy $ 6.07/1f Cost of Improvements (1994): Roadway 896 x $12.45 = Gutter 448 x $ 6.07 = $11,155.20 S 2.719.36 Total $13,874.56 life Expectancy of Roadway 50 Years Straight line depreciation value (2001 $) '. $13,874.56 @ 2% yr. = $1942.44 Current age is 7 years, so, current value = $13,874.56 - $1942.44 = $11.932.12 . Averaged from bids received for PN 92006. Road re'"-OnsttlJdion. same consrrudion period as 9ronson Avenue "' I , I q:;I I fA-- <i>1 ;. ~I 'r r It j - - - EXHIBIT "Cn ""/. I I <I =t-7j ..., I I :311 ~..-::-t-o. '~~-- ~.;,~ ... ~ _ ~r ~ l' ~ 1-: ~4 ~ ~-r/2..&'eT ~- ",. ~, , , i i '" ~ ... I - .,.' ~ .. I -, I , , .. 1= \>' I I ()- I I~ j ~ I I I ",; \Jl ~i ,.., .:Jl ; ! '" , 1 I \)\ , , ~ j~ '"" I 1$ ("" l- I '0 " ~ . - ...: ... --I ..., j I I 0- . 1 rt ~ , ... .1 , I ~ ~ ~ - - I , ... ;; ! I ;~I '\lI .- J l I ~I' '~ ~ . () I ~ . . t \II ~- . ~ I '" I I I I I ~ ! 1.1- !d tr ~ / ;I d~ ~ ~ C' r:.: ~~ :J::.~ {Ib ~ -;:1:> 2:.. / .