03-20-07 Agenda Reg
City of Delray Beach
Regular Commission Meeting
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RULES FOR PUBLIC PARTICIPATION
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
and the right to limit discussion rests with the Commission. Generally, remarks
by an individual will be limited to three minutes or less. The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
Tuesday. March 20.2007
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 when agreed by consensus 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
Dekay Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
The City will furnish auxiliary aids and services to afford an individual with a
disability an opportunity to participate in and enjoy the benefits of a service,
program, or activity conducted by the City. Contact Doug Smith at 243-7010,
24 hours prior to the event in order for the City to accommodate your request.
Adaptive listening devices are available for meetings in the Commission
Chambers.
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL.
5. APPROVAL OF MINUTES:
· March 5, 2007 - Regular Meeting
. March 15,2007 - Special/Workshop Meeting
6. PROCLAMATIONS:
A. Water Conservation Month - April 2007
B. Commending multiple medal winners - Delray Beach 2007 Senior Games
C. Recognizing and Commending the Delray Rocks Football & Cheerleading Squads
D. Recognizing and commending Melissa Kaminiecki - Administration/Recreation
Division - Parks and Recreation Department Employee of the Year for 2006; Greg
Okonski - Ocean Rescue Division and Margaret Johnson - Parks Maintenance
Division as Parks and Recreation Top Employees of the Year for 2006.
7. PRESENTATIONS:
A. Zion Study Circle - Susan Ruby
8. CONSENT AGENDA: City Manager Recommends Approval.
A. ACCEPTANCE OF EASEMENT DEED/BBC. LLC: Accept an easement deed
with for a five foot sidewalk easement along the north side of the 1100 Block of NW 1st
Street.
B. RESOLUTION NO. 22-07/FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT)/OLD GERMANTOWN ROAD SIDEWALKS:
Approve and adopt Resolution No. 22-07 authorizing execution of a Joint Participation
Agreement OP A) with the Florida Department of Transportation (FD01) for the
installation of sidewalks on Old Germantown Road between Linton Boulevard and
Homewood Boulevard.
C. SERVICE AUTHORIZATION NO. to/MATHEWS CONSULTING, INC.:
Approve Service Authorization No. 10 to Mathews Consulting, Inc. in the amount of
$39,320.00 for professional services for updating the computerized hydraulic model of
the water distribution system. Funding is available from 441-5181-536-31.90
(Water/Sewer Fund/Other Professional Services).
03-20-2007
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D. AGREEMENT /MARLIN ENGINEERING: Approve an agreement with Marlin
Engineering in the amount of $20,981.94 to provide professional services for the
presentation of a Quiet Zone Study for the CSX Railroad five (5) public and four (4)
private crossings of record within Delray Beach. Funding is available from 001-2911-
519-31.30 (General Fund/Engineering/Architect).
E. INTERLOCAL AGREEMENT/PALM BEACH COUNTY/TROMBONE
STYLE MAST ARMS/SR AlA AND EAST ATLANTIC AVENUE: Approve an
Interlocal Agreement with Palm Beach County for reimbursement in the amount of
$46,500.00 for the installation of trombone style mast arms at the intersection of SR
AlA and East Atlantic Avenue.
F. SPECIAL EVENT REOUEST /EASTER SUNRISE SERVICE: Approve a
request to endorse the Easter Sunrise Service to be held on April 8, 2007, to grant a
temporary use permit per LDR Section 2.4.6(F) for the closure of South Ocean
Boulevard from Atlantic Avenue to Miramar from 6:00 a.m. to 7:30 a.m., grant the use
of the pavilion, authorize staff support for traffic control, barricading and EMS
presence.
G. AGREEMENT/DELRAY BEACH HOUSING AUTHORITY: Approve an
agreement between the City and the Delray Beach Housing Authority (DBHA) granting
the City permission to access the Carver Estates property in order to demolish the
buildings and clear the site.
H. AMENDMENT /COMMUNITY DEVELOPMENT DIVISION PROGRAM
DESCRIPTION MANUAL: Approve a request to amend the Community
Development Division Program Description Manual which specifies the standard
operating procedures for Federal, State and Local program administration under the
Department of Community Improvement, Community Development.
1. REOUEST TO EXCEED HOUSING REHABILITATION GRANT LIMIT:
Approve a request to exceed the housing rehab Community Development Block Grant
(CDBG) limit of $35,000.00 in order to address unforeseen health and safety concerns
for one (1) housing rehabilitation grant located at 102 SW 8th Avenue. Funding is
available from 118-1963-554-49.19 (Community Development Fund/Housing
Rehabilitation).
J. CONSTRUCTION CONTRACT/HARTZELL CONSTRUCTION. INC.:
Approve a construction contract with Hartzell Construction, Inc., in the amount of
$98,796.00 for the construction of concrete sidewalks, clearing and grubbing, and
sodding swales along SW 4th Street, SW 11 th Avenue ~nd SW 10th Avenue. Funding is
available from 118-1965-554-63.11 (Community Development
Fund/Bikepaths/Sidewalks ).
K. RESOLUTION NO. 24-07: Approve Resolution No. 24-07 regarding the
expenditure of money in support of the proposed amendments to the Palm Beach
County Charter.
03-20-2007
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L. AGREEMENT /SERVICE AUTHORIZATION NO. t/GLATTING
JACKSON KERCHER ANGLIN. INC.: Approve an agreement and Service
Authorization No. 1 with Glatting Jackson Kercher Anglin, Inc. for professional
consulting services in conjunction with the Old School Square Cultural Arts Center
Expansion Project. The proposed fees for Phase 1 total $128,500.00. Funding is
available from 334-4151-572-63.59 (Improvements Other/Old School Square Park
Improvements).
M. SERVICE AUTHORIZATION NO. 6/COASTAL PLANNING &
ENGINEERING.INC.: Approve Service Authorization No.6 to Coastal Planning
& Engineering, Inc., in the amount of $26,750.00 for consulting services in developing
plans, specifications and providing construction services at the Atlantic Dunes
Boardwalk Project. Funding is available from 334-4170-572-63.48 (General
Construction Fund/Atlantic Dunes Boardwalk).
N. GUARANTEED MAXIMUM PRICE (GMP)/WESTERN/SENIOR
COMMUNITY CENTER/WEITZ COMPANY: Approve Phase II of the
Guaranteed Maximum Price (GMP) in the amount of $10,123,650.00 to The Weitz
Company for the Western/Senior Community Center Project. Funding is available
from 380-4150-572-62.58 (2004 G.O. Bond/Western/Senior Community Center).
O. FDOT UTILITY PERMIT & HOLD HARMLESS
AGREEMENT/WALGREENS STORE NO. 5489: Authorize the City to act as
the utility permit applicant for connecting a fire hydrant to an existing water main in the
Florida Department of Transportation (FD01) right-of-way, located at the intersection
of West Atlantic Avenue and Military Trail and approve a hold harmless agreement with
the developer (Rockwell Development).
P. VIDEO PRODUCTION AGREEMENT/DELRAY YOUTH VOCATIONAL
CHARTER SCHOOL: Approve and ratify an agreement with the International City
Management Association (ICMA) for the preparation of a video about the Delray
Youth Vocational Charter School and authorize the City Manager to execute the
attached contract for video production.
Q. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
March 5, 2007 through March 16, 2007.
R. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Roof Painting by Hartzell, Inc. in the amount of $24,990.00 for
painting interior offices in the Police Department. Funding is available from
001-2111-521-46.10 (General Fund/Building Maintenance).
03-20-2007
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2. Purchase awards to Duval Ford in the amount of $158,891.00 for the purchase
of eight (8) vehicles; and to Classic Chevrolet in the amount of $25,316.00 for
the purchase of two (2) vehicles; via the Sheriff's Association Contract for
various departments within the City. Funding is available from 501-3312-591-
64.20 (Central Garage Fund/Automotive).
3. Purchase award to Integrian in the amount of $27,870.00 for the purchase of six
(6) digital in-car audio/visual recording systems for the Police Department.
Funding is available from 001-2117-521-64.90, 001-2119-521-64.90 and 001-
2121-521-64.90 (General Fund/Other Machinery/Equipment).
4. Purchase award to Tactical Products Group in the amount of $50,180.00 for the
purchase of ballistic vests and plates (bulletproof vests) for the Police
Department. Funding is available from 115-2132-521-52.27 (Operating
Supplies/Equipment <$750) and 115-2132-521-64.90 (Operating
Supplies/ Other Machinery/Equipment).
5. Contract award to Linetech, Inc. in the amount of $20,989.00 for the installation
of 2" water and sewer for the Temporary Fire Station No.4 facilities located at
Barwick Road Baptist Church. Piggybacking on City of Boynton Beach Bid #
02-2821-07/JA. Funding is available from 442-5178-536-63.90 (W&S Renewal
& Replacement Fund/Other Improvements).
6. Contract award to Kilbourne & Sons, Inc. in the amount of $21,688.20 for
construction of a paved staging area for Temporary Fire Station No.4 trailer
office space. Funding is available from 334-6112-522-49.90 (General
Construction Fund/Other Current Charges).
9. REGULAR AGENDA:
A. APPEAL OF THE HISTORIC PRESERVATION BOARD'S DECISION /20
NORTH SWINTON AVENUE: Appeal of the Historic Preservation Board's
decision regarding the relocation of a structure to 20 North Swinton Avenue located in
the Old School Square Historic District. (Quasi-Judicial Hearing)
B. CONDITIONAL USE EXTENSION REOUEST /MIRAFLORES
DEVELOPMENT: Consider an extension request to allow for a residential
development with height in excess of 48 feet (58'-4" proposed) and to allow for a
density in excess of 30 units per acre (38.8 du/ ac proposed) within the Central Business
District (CBD), for the Miraflores Development located on the east side of SE 1st
Avenue approximately 76.5 feet south ofSE 1.t Street. (Quasi-Judicial Hearing)
C. AGREEMENT /WIFI SERVICES/DELRAY BEACH WI-FI, INC.: Consider
approval of an agreement between the City and Delray Beach WI-PI, Inc. for
construction of a wi-fi system through out the entire City.
03-20-2007
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D. CAPITAL PROJECT FINANCING NEEDS: Consider approval of the processing
of FY 2007 Utility Tax Bond Issues and provide guidance on either a negotiated sale
with our local underwriting firm or an Internet competitive bid sale.
E. RESOLUTION NO. 23-07/FLORIDA DEPARTMENT OF
TRANSPORTATION: Consider approval of Resolution No. 23-07 requesting the
Florida Department of Transportation (FD01) to consider alternative designs to allow
the construction of a sidewalk as well as landscaping between the proposed sidewalk
and existing walls located along SR AlA in the City limits of Delray Beach.
F. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one (1) regular
member to the Civil Service Board for a two (2) year term ending April 1, 2009. Based
upon the rotation system, the appointment will be made by Commissioner Montague
(Seat #4).
G. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one
(1) alternate member to the Code Enforcement Board for an unexpired term ending
January 14, 2010. Based upon the rotation system, the appointment will be made by
Commissioner Montague (Seat #4).
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 59-06 (SECOND READING/SECOND PUBLIC
HEARING): Privately sponsored Future Land Use Map amendment (small-scale)
from CF (Community Facilities) to ill (Low Density Residential 0-5 du/ac) for an 8.27
acre portion of the Christ the King Monastery of St. Clare and rezoning from CF
(Community Facilities) to R-l-AA (Single Family Residential) and associated reduction
of lot frontage and lot width requirements for proposed Lots 17 and 22 within the
subdivision at Christ the King Monastery of St. Clare, Inc., located at the southeast
comer of Sherwood Boulevard and Sutton Place. (Quasi-Judicial Hearing)
B. ORDINANCE NO. 68-06 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendments to multiple sections of the Land
Development Regulations (LDR) Section 1.4.3, "Enforcement", Section 1.4.4,
"Penalty", Section 2.2.6, "The Historic Preservation Board", Section 2.4.6, "Procedures
for Obtaining Permits and Approvals", Section 3.2.4, "Standards for Specific Areas or
Purposes", Section 4.1.4, "Use of Lots of Record", Section 4.3.3, "Special Requirements
for Specific Uses", Section 4.4.17, "Residential Office District", Section 4.4.24, "Old
School Square Historic Arts District", Section 4.5.1, "Historic Preservation Sites and
Districts", and Appendix "A", Definitions, as recommended after a comprehensive
review of the Delray Beach Historic Preservation Design guidelines.
C. ORDINANCE NO. 12-07: City initiated amendment to the Land Development
Regulations (LOR), enacting Section 2.4.11, "Developer's Agreements", to allow the
City to enter into Developer's Agreements, when it is in the best interest of the City.
03-20-2007
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D. DEVELOPER'S AGREEMENT/CANNERY ROW. LLC: Consider approval of
a development agreement with Cannery Row, llC regarding the purchase and use of
the Community Facility Property and the dedication of the Park Property located in the
Cannery Row Development.
E. ORDINANCE NO. 9-07: Rezoning of a 0.78 acre parcel of land from GC (General
Commercial) to Automotive Commercial for Delray Cycle, located on the east side of
Dixie Highway, approximately 1,250 feet south of Gulf Stream Boulevard. (Quasi-
Judidal Hearing)
1. CONDITIONAL USE REQUEST /DELRAY CYCLE: Consider a request
to establish a full service vehicle repair facility in conjunction with the sale of
motorcycles and motorcycle accessories within the AC (Automotive
Commercial) District on a 0.78 acre site located at 2455 N. Old Dixie Highway,
approximately 1,250 feet south of Gulf Stream Boulevard. (Quasi-Judidal
Hearing)
F. ORDINANCE NO. to-07: Privately initiated amendment to the Land Development
Regulations (LDR), Section 4.4.19, "Mixed Industrial and Commercial District", Section
4.5.15, "The 1-95/CSX Railroad Corridor Overlay District"; and Article 4.7, "Family
Workforce Housing", to provide regulations associated with the creation of a new
Workforce Housing Overlay District.
G. RESOLUTION NO. 20-07 (FIRST READING/FIRST PUBLIC HEARING):
Consider approval and adoption of Resolution No. 20-07 designating the area within
the boundaries of the Carver Square Redevelopment area of the Community
Redevelopment Agency (CRA) as a Brownfield Area for rehabilitative purposes. If
passed, a second public hearing will be scheduled for April 1 0, 2007.
H. ORDINANCE NO. 11-07: Privately initiated amendments to the Land Development
Regulations (LOR), Article 4.7, "Family Workforce Housing," Section 4.7.2,
"Applicability," to allow payment of a fee to the Delray Beach Community Land Trust
in lieu of providing Workforce Housing units on site in order to qualify for increased
height or density in the CBD (Central Business District).
1. ORDINANCE NO. 8-07 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendment to the Land Development Regulations (LDR)
Article 4.5 "Overlay and Environmental Management Districts", Section 4.4.9, "General
Commercial District" and Section 4.4.12, "Planned Commercial District", to
accommodate redevelopment at the intersection of West Atlantic Avenue and Military
Trail.
J. ORDINANCE NO. 13-07: City initiated amendment to the Land Development
Regulations (LOR) Section 8.5.1, "Establishment of Public Arts Program", Subsection
8.5.1 (C), "Ownership and Maintenance", and Section 8.5.2, "Public Art Advisory
Board", to provide clarification as to the use of funds for the Public Arts Program.
03-20-2007
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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. NONE
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: MARCH 16, 2007
03-20-2007
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MARCH 5. 2007
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City
Hall at 6:00 p.m., Monday, March 5, 2007.
1.
Roll call showed:
Present - Commissioner Rita Ellis
Commissioner Fred Fetzer
Commissioner Jon Levinson
Commissioner Brenda Montague
Mayor Jeff Perlman
Absent - None
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Brian Shutt, Assistant City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Representative Joyce Richardson
from the First Church of Christ Scientist.
3.
gIven.
The Pledge of Allegiance to the flag of the United States of America was
4.
AGENDA APPROVAL.
Mayor Perlman noted the addition of Item 8.J., Grant AereementlPalm
Beach County Tourist Development Council to the Consent Agenda by addendum.
He stated there is additional information for Item 9.A., Conditional Use
Modification ReQuest/Delrav Beach Club and Item 9.B., Waiver ReQuest/Delrav
Beach Club. Also, Item to.c., Ordinance No. 79-06 has been postponed due to a
request by the applicant. Mayor Perlman stated there is some revised information for
Item to.D., Developer's Aereement/Cannerv Row. LLC.
Mrs. Montague requested that Item 8.H., Review of Appealable Land
Development Board Actions be removed from the Consent Agenda and moved to the
Regular Agenda as Item 9.A.1.
Mr. Levinson requested that the Commission remove Item t O.D.,
Developer's Aereement/Cannerv Row. LLC from the Agenda.
03/05/07
Mrs. Ellis moved to approve the Agenda as amended, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr.
Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said
motion passed with a 5 to 0 vote.
5.
APPROVAL OF MINUTES:
Mrs. Montague moved to approve the Minutes of the Regular Meeting of
February 20, 2007, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis-
Yes; Mr. Fetzer - Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A. Recol!:nizinl!: Fair Housinl!: Month - April 2007
Mayor Perlman read and presented a proclamation proclaiming April,
2007 as Fair Housing Month in the City of Delray Beach, Florida. Lula Butler, Director
of Community Improvement, came forward to accept the proclamation.
6.B. Recol!:nizinl!: Sil!:ma Gamma Rho Sorority Youth Dav - March 10.
2007
Mayor Perlman read and presented a proclamation hereby proclaiming
Saturday, March 10, 2007 as Sigma Gamma Rho Sorority Youth Day and encourage all
of our residents to join in this recognition and congratulate the members of the Eta Eta
Sigma Gamma Rho Sorority, Inc., for their efforts to encourage and guide our youths.
7.
PRESENTATIONS:
. NONE
8.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. ACCEPTANCE OF EASEMENT DEED/4999 WEST ATLANTIC
AVENUE: Approve and accept an easement deed for a proposed 10' x 30' bus shelter
easement located at 4999 West Atlantic Avenue (Walgreens).
8.B. RESOLUTION NO. 17-07/ABANDONMENT OF AN ALLEYWAY:
Approve Resolution No. 17-07 vacating and abandoning a 16' x 422.28' portion of the
right-of-way of an existing north/south alleyway lying within Block 76 of the plat of the
Town of Linton, located north of East Atlantic Avenue, between NE 1st Avenue and
Pineapple Grove Way (NE 2nd Avenue).
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03/05/07
The caption of Resolution No. 17-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, V ACA TING
AND ABANDONING THE NORTH/SOUTH ALLEY
LYING WITHIN BLOCK 76, LOCATED SOUTH OF NE
1ST STREET, BETWEEN NE 1ST AVENUE AND
PINEAPPLE GROVE WAY AND AS MORE
P ARTICULARL Y DESCRIBED IN EXHIBIT "A".
(The official copy of Resolution No. 17-07 is on file at the City Clerk's
office. )
s.c. FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)
AGREEMENTS/RESOLUTION NO. 16-07 AND RESOLUTION NO. 19-07:
Approve Resolution No. 16-07 and Resolution No. 19-07 authorizing the Joint
Participation Agreement (JP A) and a Maintenance Memorandum of Agreement (MOA)
with the Florida Department of Transportation (FDOT) for the installation and
maintenance oflandscaping at the intersection of the 1-95 interchange and West Atlantic
Avenue.
The caption of Resolution No. 16-07 is as follows:
THE RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
APPROVING THE JOINT PARTICIPATION
AGREEMENT FOR THE INSTALLATION AND
FUNDING OF THE LANDSCAPING LOCATED AT
THE INTERSECTION OF THE 1-95 INTERCHANGE
AND WEST ATLANTIC AVENUE AND
AUTHORIZING THE EXECUTION OF THE
AGREEMENT.
(The official copy of Resolution No. 16-07 is on file at the City Clerk's
office.)
The caption of Resolution No. 19-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, APPROVING
THE MAINTENANCE MEMORANDUM OF
AGREEMENT FOR IMPROVEMENTS TO AREAS
LOCATED AT THE INTERSECTION OF THE 1-95
INTERCHANGE AND WEST ATLANTIC AVENUE
AND AUTHORIZING THE EXECUTION OF THE
AGREEMENT.
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03/05/07
(The official copy of Resolution No. 19-07 is on file at the City Clerk's
office.)
8.D. RESOLUTION NO. 18-07: Approve Resolution No. 18-07 assessing
costs for abatement action required to remove nuisances on fifteen (15) properties
throughout the City.
The caption of Resolution No. 18-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, PURSUANT
TO CHAPTER 100 OF THE CODE OF ORDINANCES
OF THE CITY OF DELRA Y BEACH, ASSESSING
COSTS FOR ABATING NUISANCES UPON CERTAIN
LAND(S) LOCATED WITHIN THE CITY OF DELRA Y
BEACH AND PROVIDING THAT A NOTICE OF LIEN
SHALL ACCOMPANY THE NOTICE OF
ASSESSMENT; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT OF NUISANCES; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ON ASSESSMENTS; PROVIDING FOR
THE RECORDING OF THE RESOLUTION, AND
DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS.
(The official copy of Resolution No. 18-07 is on file in the City Clerk's
office.)
8.E. HAMLET RESIDENTS ASSOCIATIONrrRAFFIC
ENFORCEMENT AGREEMENT: Approve a traffic enforcement agreement between
the City and the Hamlet Residents Association allowing the Delray Beach Police
Department to enforce local and state traffic laws on its property.
8.F. HOUSING REHABILITATION GRANT/CONTRACT AWARD:
Approve one (1) Housing Rehabilitation grant/contract award through the Community
Development Division in the amount of $31,127.25 to Ray Graeve & Sons Construction
for 125 SW 10th Avenue. Funding is available from 118-1963-554-49.19 (Community
Development Fund/Housing Rehabilitation).
8.G. CONTRACT ADDITION (CO. NO. 1 )/BLOCK 64 DRAINAGE
AND WATER MAIN IMPROVEMENT PROJECT/CHAZ EQUIPMENT
COMPANY. INC.: Approve Contract Addition (e.O. No.1) to the Block 64 Drainage
and Water Main Improvements Project in the amount of $49,000.00 to Chaz Equipment
Company, Inc. for the installation of a sanitary sewer main on SW 3rd Street. Funding is
available from 442-5178-536-63.51 (Water/Sewer Renewal & Replacement Fund/Other
Improvements/W ater Mains).
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03/05/07
8.H. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.1.
8.1.
AWARD OF BIDS AND CONTRACTS:
1:. Bid award to Conco Horticultural, Inc. in the amount of
$87,818.00 for the installation of trees and palms at the City
Cemetery. Funding is available from 001-4131-572-46.50
(General Fund/City Hall/Cemetery Tree Replacement).
2. Contract award to Don Hillman, Inc. in the amount of $18,760.41
for replacing the radiator on the 800KW generator at the Water
Treatment Plant. Funding is available from 441-5143-536-46.20
(Water/Sewer Fund/Equipment Maintenance).
3. Contract award to Knight Electric, Co., Inc. in the amount of
$18,500.00 for installation of one (1) 200-amp, single phase
electrical service, including materials and labor for temporary Fire
Station #4. Funding is available from 334-6112-522-62.88
(General Construction Fund/Fire Station #4).
4. Purchase award to Duval Ford in the amount of $119,549.00, via
the Florida Sheriff's Association Contract #06-14-0821 for the
purchase of one (1) Ford F-150 4x2 ~ ton pick-up and four (4)
Ford F-250 % ton pick-up trucks for the Parks and Recreation
Department. Funding is available from 001-4138-572-64.20
(General Funds/Automotive) and 119-4144-572-64.20
(Beautification Trust Fund/Automotive).
8.J. GRANT AGREEMENT/PALM BEACH COUNTY TOURIST
DEVELOPMENT COUNCIL: Approve a grant agreement between the City and the
Palm Beach County Tourist Development Council in the amount of $35,000.00 for the
FED Cup.
Mrs. Ellis moved to approve the Consent Agenda as amended, seconded
by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Montague - Yes;
Mayor Perlman -=- Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
9.
REGULAR AGENDA:
9.A.1. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period February 20,2007 through March 2,2007.
Mayor Perlman declared a conflict of interest, passed the gavel to Vice
Mayor Ellis and stepped down from the dais.
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03/05/07
Mrs. Montague stated there has been quite a bit of discussion between the
applicant (CRA) as well as the property owner and they have come up with a number of
options that are going to be very good for the community. She would like to see them
discuss this further and bring the information back to the Commission.
Mrs. Montague moved to appeal Item #1 (Denial of the Certificate of
Appropriateness for 20 North Swinton Avenue) of the Historic Preservation Board's
(HPB) action, seconded by Mr. Levinson. Upon roll call the Commission voted as
follows: Vice Mayor Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague
- Yes. Said motion passed with a 4 to 0 vote.
Mr. Levinson moved to approve to receive and file the rest of the report,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Vice
Mayor Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said
motion passed with a 4 to 0 vote.
9.A. CONDITIONAL USE MODIFICATION REQUESTIDELRAY
BEACH CLUB: Consider a conditional use modification request for the Delray Beach
Club to allow the operation of a private club with attendant recreational, dining, and
related accessory facilities in the RM (Multiple Family - Medium Density Residential)
district, located on the east side of South Ocean Boulevard (State Road A-I-A), south of
Linton Boulevard (2001 South Ocean Boulevard). (Quasi-Judicial Hearing)
Mayor Perlman read into the record the City of Delray Beach 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.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2007-032 into the record.
Mr. Dorling stated the subject property contains a 24,032 square foot one-
story clubhouse located south of Linton Boulevard on the east side of A-I-A. The
modification is for the construction of a basement addition which will represent 1,500
square feet of new storage area and 2,000 square feet of dining area to replace a covered
patio terrace that was destroyed by Hurricane Wilma.
At its meeting of December 18, 2006, the Planning and Zoning Board held
a public hearing in conjunction with the Conditional Use request and related special
action. After discussing the proposal, the Board recommended approval with a 4 to 1
vote of the parking reduction to LDR Section 4.6.9(C)(3)(d) by 9 spaces. At its meeting
of February 14, 2007, the Site Plan Review and Appearance Board (SPRAB) approved a
Class V site plan modification, landscape plan, and architectural elevations for Delray
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03/05/07
Beach Club. The Board also approved the reduction of parking spaces by 9 spaces and
recommended approval (5 to 0) to the City Commission to eliminate one of the two
required handicap parking spaces adjacent to the valet queue area.
David Schmidt. (Applicant Representative). entered the PowerPoint
slides into the record and presented an overview of the project.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the conditional use, to please come forward at this time. No one
from the public came forward to address the Commission regarding the conditional use.
There was no cross-examination or rebuttal.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mrs. Montague moved to adopt the Board Order as presented, seconded
by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr.
Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said
motion passed with a 5 to 0 vote.
9.B. WAIVER REOUEST/DELRA Y BEACH CLUB: Consider a request
for waiver of Land Development Regulations (LDR) Section 4.6.9(F)(3)(e)(i), "Special
Provisions", to allow one (1) handicap parking space versus the two (2) handicap parking
spaces adjacent to a valet queue area for the Delray Beach Club. (Quasi-Judicial
Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2007-101 into the record.
At its meeting of February 14, 2007, the Site Plan Review and Appearance
Board (SPRAB) considered a waiver request along with the site plan for the Delray
Beach Club to waive one of the required two parking spaces which are noted in the
LDR's which have to be located next to the value queue. Mr. Dorling stated this is so
that ifthere is a vehicle that cannot be serviced by the valet driver (i.e. a special equipped
vehicle) then there would be the ability to park in the parking space by the door.
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03/05/07
The Site Plan Review and Appearance Board considered the waiver and
recommended approval with a 5 to 0 vote. The waiver findings in LDR Section
2.4.7(B)(5) are made in the staff report. He stated this is a unique situation where the
valet operator knows the guests unlike a commercial or public valet where they are not
sure what needs they would have. One space is available for parking immediately next to
the valet queue. In addition, there is an extra wide circular drive which could be used if
in fact a second vehicle needed to be accommodated. Staff recommends approval of the
waiver to Section 4.6.9(F)(3)( e )(i).
David Schmidt, (Attornev/Applicant Representative), entered the same
PowerPoint slides into the record as the previous item. Currently, he stated the handicap
parking is handled in the northeast comer of the parking lot which provides four (4)
spaces on the north portion of the site. Mr. Schmidt stated the property is built on the
dune and this allows someone in a wheelchair access to come and make a gradual rise in
grade as they come around to the front of the building. He stated as the staff report notes
there is sufficient room to park a vehicle. As noted by staff, this is not an ADA
requirement. Mr. Schmidt stated the ADA requires that if you have valet parking, you
have to have the drop off space.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Fetzer moved to adopt the Board Order as presented, seconded by
Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mrs.
Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion
passed with a 5 to 0 vote.
9.C. REQUEST FOR IN-LIEU PARKING SP ACE/325 PINEAPPLE
GROVE WAY: Consider a request from 325 Pineapple Grove Way (N.E. 2nd Avenue)
for the purchase of one (1) in-lieu parking space in the amount of $7,800.00. (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.
Scott Aronson, Parking Management Specialist, stated 325 Pineapple
Grove Way is a mixed use building located at 325 Pineapple Grove Way. In 2004, Mr.
Aronson stated as part of the original site plan approval one in-lieu of parking space was
approved for this project. In April 2006, a request from Cafe Mocha also had two in-lieu
spaces approved for the conversion of one of the retail bays to restaurant. This
construction has been going on for quite some time at this site. Recently, during the
construction of the project, the FPL transformer was larger than anticipated and needed to
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03/05/07
be installed in a slightly different location than shown on the original site plan. The
original plans called for four (4) parallel parking spaces adjacent to the alley. With this
relocation of the transformer, it eliminated one of the four parking spaces. The cost of in-
lieu spaces in Area 3 is $7,800.00 per space and is to be paid upon certification of the
accompanying site plan. Mr. Aronson stated the Comprehensive Plan Policy C-4.1 of the
Future Land Use Element encourages rehabilitation and revitalization within the Central
Business District through a number of incentives, one of which is the accommodation of
parking needs through innovative actions. The in-lieu of parking fee program provides
such an incentive and therefore this request is consistent with the Comprehensive Plan.
At its meeting of February 7, 2007, the Pineapple Grove Main Street
Committee (PGMS) recommended approval of the applicant's request; at its meeting of
February 22, 2007, the Community Redevelopment Agency (CRA) unanimously
recommended approval of the applicant's request; and at its meeting of February 27,
2007, the Parking Management Advisory Board (PMAB) unanimously recommended
approval of the applicant's request. Staffrecommends approval of the request.
Gree:orv Hone:. Applicant. thanked staff and Scott Aronson for going
through this process.
Mayor Perlman asked if anyone from the public would like to speak in
favor or in opposition of the request, to please come forward at this time. No one from
the public came forward to address the Commission regarding the request.
There was no cross-examination or rebuttal.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mrs. Ellis moved to adopt the Board Order as presented, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mrs. Montague - Yes; Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion
passed with a 5 to 0 vote.
9.D. REQUEST FOR IN-LIEU PARKING SPACE/SAKI ROOM (FKA
BOB'S FAMOUS BAR AND POWERS LOUNGE): Consider a request from the Saki
Room (fka Bob's Famous Bar and Powers Lounge) for the purchase of one (1) in-lieu
parking space in the amount of $15,600.00. Saki Room (fka Bob's Famous Bar and
Powers Lounge) is located at 217 East Atlantic 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.
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03/05/07
Scott Aronson, Parking Management Specialist, stated the Saki Room
(f/k/a Powers Lounge) is located at 217 East Atlantic Avenue. He stated on January 16,
2007, a request submitted for six (6) in-lieu of parking spaces was approved for the
creation of a rooftop deck for the bar/restaurant. The application was submitted under the
recently adopted Land Development Regulations (LDR) Section 2.4.3(K)(1) which
allows the independent processing of in-lieu requests. During the accompanying site
plan, it was discovered that instead of the 999 square feet that was proposed under the in-
lieu request, the actual square footage of the rooftop deck is 1,161 square feet. The
parking requirements for restaurants in the Central Business District (CBD) are six spaces
per 1,000 square feet and the requirement of one more parking space is needed. Staff
noted that of the 161 square feet over their original application, 87 of the 161 square feet
is a planter box that is proposed on the roof adjacent to the stairwell; the remaining 74
square feet of usable floor area still requires an additional space (0.44 of a space which
rounds up to one space). The original six spaces were approved with an in-lieu of
parking fee agreement and this will be added to the agreement as an additional space to
be paid. Comprehensive Plan Policy C-4.1 of the Future Land Use Element encourages
rehabilitation and revitalization within the Central Business District (CDB) through a
number of incentives, one of which is the accommodation of parking needs through
innovative actions.
At its meeting of February 12, 2007, the Downtown Development
Authority (DDA) recommended approval; at its meeting of February 8, 2007, the
Community Redevelopment Agency (CRA) recommended approval; at its meeting of
February 27, 2007, the Parking Management Advisory Board (PMAB) recommended
approval ofthe applicant's request.
Bob Currie, Architect for the restaurant, stated the owner is willing to pay
for the space; how~ver, he requested that the Commission consider not making the owner
of the restaurant pay for the extra space. Mr. Currie stated they had 999 square feet that
is usable space and noted that what the Planning and Zoning staff has done is they have
taken the planter boxes (which are permanently built) and the thickness of a parapet wall
and that is the other 161 square feet. Mr. Currie stated they can make it 999 square feet
as physical use space by reducing it a foot or so because ofthe parapet wall if the planters
were not considered part of the space.
Rio Gralnick. owner of the restaurant. stated the parapet wall is for the
safety of the people who come to the restaurant and the planter is for aesthetic value that
adds to the City's charm.
Mayor Perlman asked if anyone from the public would like to speak in
favor or in opposition of the request, to please come forward at this time. No one from
the public came forward to address the Commission regarding the request.
There was no cross-examination or rebuttal.
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03/05/07
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mrs. Montague moved to adopt the Board Order (approving the in-lieu
request) as presented, seconded by Mr. Fetzer. Upon roll call the Commission voted as
follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes;
Mrs. Montague - Yes. Said motion passed with a 5 to 0 vote.
9.E. REQUEST FOR FUNDING/COMMUNITY NEIGHBORHOOD
HELPING. INC.: Consider approval of a request from Community Neighborhood
Helping, Inc. to provide $12,500.00 in seed money, which will be reimbursed to the City
through a Palm Beach County grant, for the Glory Awards 2007 to be held on May 4,
2007. Funding is available from 001-1111-511-48.10 (City Commission/Special Events).
Robert A. Barcinski, Assistant City Manager, stated the Commission is
being requested to advance the $12,500.00 in grant money that Ms. Edith Thompson will
be receiving for the Glory Awards for Palm Beach County. Mr. Barcinski stated staffhas
the confirmation from the County that the grant money will be forthcoming. The Glory
Awards will be held May 4,2007 at Old School Square from 6:00 p.m. to 10:00 p.m. and
staff recommends approval with the additional requirement for Ms. Thompson to sign the
agreement that was drafted by the City Attorney at the request of Finance.
Mrs. Ellis moved to approve the request subject to signing the agreement
as drafted by the City Attorney, seconded by Mrs. Montague. Upon roll call the
Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes;
Mrs. Montague -'- Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote.
9.F. REQUEST FOR FINANCIAL SUPPORT/S.D. SPADY
ELEMENTARY MONTESSORI MAGNET SCHOOL: Consider a request from S.D.
Spady Elementary Montessori Magnet School for financial support to send five students
selected from S.D. Spady Elementary Chorus to perform in Chicago, Illinois with the
2007 Organization of American Kodaly Educators National Honor Choir on March 20,
2007. Funding is available from the Miscellaneous Grant Funding Contingency.
Robert A. Barcinski, Assistant City Manager, stated this is a request from
J. Clark, Chorus Director at S.D. Spady Elementary School asking for financial support
for the group of students that will be going to the American Kodaly Educators National
Honor Choir in Chicago, Illinois on March 20,2007. The approximate cost per student is
$1,500.00. Staff recommends consideration of $1,500.00 to be funded from the
Miscellaneous Grant Funding contingency for this program.
Prior to the vote, Mrs. Montague asked what the $1,500.00 would cover.
In response, Mr. Barcinski stated this would cover the cost of one student and the school
would have to fundraise for the other four students.
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03/05/07
Mr. Levinson moved to approve a contribution of $1,500.00 regarding the
request from S.D. Spady Elementary Montessori Magnet School for financial support to
send five students selected from S.D. Spady Elementary Chorus to perform in Chicago,
Illinois on March 20, 2007, seconded by Mr. Fetzer. Upon roll call the Commission
voted as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor
Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote.
9.G. REVISEDIPLAYERS INTERNATIONAL MANAGEMENT. INC.
(PIM) AGREEMENT: Consider approval of the revised agreement with Players
International Management, Inc. (PIM) extending the term of the agreement from 2011 to
2012, providing renewal for two (2) additional five (5) year terms upon consent of both
parties, and authorizing payment by the City of an extra $75,000.00 per year for an extra
event in the month of July.
Brian Shutt, Assistant City Manager, stated this is a revised agreement
with Players International Management, Inc. (PIM). They will be extending the original
agreement for another year and will expire in 2012; two renewable terms for five years; a
July event will be added; the City will pay PIM an extra $75,000.00 per year for the July
event; PIM must provide television coverage for the July event; and if PIM fails to hold
the July event the City may reduce its payment to PIM by ~ of the total amount.
Ivan Baron. Plavers International Manaeement. Inc. (PIM). stated this
is the largest junior tennis tournament from a prestige standpoint, there are more hotel
room nights, more people coming into town from across the country, and the players are
in town longer (eight day event). Mr. Baron explained that everyone has to come into
town earlier because they are holding the College Coaches Expo (approximately 100
college coaches).
Mrs. Ellis moved to approve the revised agreement with Players
International Management, Inc. (PIM), seconded by Mrs. Montague. Upon roll call the
Commission voted as follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passed with a 5 to 0
vote.
9.H. QUIET TITLE/232 NW 8TH AVENUE AND 315 SW 3RD STREET:
Consider authorization to Quiet Title two (2) properties located at 232 NW 8th Avenue
and 315 SW 3rd Street that are being transferred to the Community Land Trust for
affordable housing.
The City Attorney stated staff is requesting to pursue quiet title action so
that they can be conveyed to the Community Land Trust.
Mrs. Montague moved to approve authorization to Quiet Title two (2)
properties (232 N.W. 8th Avenue and 315 S.W. 3rd Street) that are being transferred to the
Community Land Trust (CLT) for affordable housing, seconded by Mr. Fetzer. Upon roll
call the Commission voted as follows: Mrs. Montague - Yes; Mayor Perlman - Yes;
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03/05/07
Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to
o vote.
9.1. APPOINTMENT OF OUTSIDE COUNSEL/JERROD MILLER. ET
AL V. DARREN COGONI. ET AL CASE: Consider approval of outside counsels,
Fred Gelston, Esq., and James Barry, Esq. for the Jerrod Miller, et al v. Darren Cogoni, et
al case.
The City Attorney stated this is to confirm the appointment of outside
counsel for Fred Gelston, Esq. to represent the City of Delray Beach and the named City
representatives and also the appointment of James Barry from Adams, Coogler, Watson,
Merkel, Barry & Kellner to represent former officer Darren Cogoni.
Mr. Fetzer moved to approve outside Counsel Fred Gelston, Esq., and
James Barry, Esq. for the Jerrod Miller, et al v. Darren Cogoni et al case, seconded by
Mrs. Ellis. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs.
Ellis - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion passed with a 5 to 0
vote.
9.J. PARTIAL RELEASE OF EASEMENT/BLOCK 77
DEVELOPMENT GROUP. LC: Consider approval of a request from the Block 77
Development Group, LC for a Partial Release of Easement regarding the placement of a
sales trailer behind Worthing Park.
The City Attorney stated this is a request to release part of the easement on
a temporary basis so that a sales trailer can be put behind Worthing Park so they can
begin their sales. The Agreement provides that the release itself will expire the earlier of
May 4, 2007 or upon the termination of the parking easement. The City Attorney stated
the parking easement will extinguish once the garage is completed and there are currently
some encroachment issues that are being worked on with the garage.
Barry Berkowitz. Block 77. stated Florida, Power & Light (FPL)
indicated that they will be out this week to put the power on so they can do their final
tests and actually get the Certificate of Occupancy (CO) and transfer the garage. Mr.
Berkowitz stated the issue with regard to encroachment is not going to be an issue and
noted if there is any kind of issue associated with that they will indemnify the City of
Delray Beach if need be. Mr. Berkowitz stated his expectation is that the conveyance of
the garage is going to happen within approximately four weeks.
Mr. Levinson moved to approve the request from the Block 77
Development Group, seconded by Mrs. Montague. Upon roll call the Commission voted
as follows: Mrs. Ellis - No; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague -
Yes; Mayor Perlinan - No. Said motion passed with a 3 to 2 vote, Commissioner Ellis
and Mayor Perlman dissenting.
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03/05/07
9.K. APPOINTMENT TO THE CODE ENFORCEMENT BOARD:
Appoint one (1) regular member to the Code Enforcement Board for an unexpired term
ending January 14,2010. Based upon the rotation system, the appointment will be made
by Commissioner Levinson (Seat #3).
Mr. Levinson moved to reappoint Susan Kay as a regular member to the
Code Enforcement Board for an unexpired term ending January 14, 2010, seconded by
Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr.
Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - 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. 59-06 (FIRST READING/FIRST PUBLIC
HEARING): Privately sponsored Future Land Use Map amendment (small-scale) from
CF (Community Facilities) to LD (Low Density Residential 0-5 dulac) for an 8.274 acre
portion of the Christ the King Monastery of St. Clare and rezoning from CF (Community
Facilities) to R-l-AA (Single Family Residential) and associated reduction oflot frontage
and lot width requirements for proposed Lots 17 and 22 within the subdivision at Christ
the King Monastery of St. Clare, Inc., located at the southeast corner of Sherwood
Boulevard and Sutton Place. If passed, a second public hearing will be scheduled for
March 20, 2007.
The caption of Ordinance No. 59-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE FUTURE LAND USE MAP
DESIGNATION AS CONTAINED IN THE
COMPREHENSIVE PLAN FROM CF (COMMUNITY
FACILITIES); TO LD (LOW DENSITY RESIDENTIAL
0-5 DUlAC); ELECTING TO PROCEED UNDER THE
SINGLE HEARING ADOPTION PROCESS FOR
SMALL SCALE LAND USE PLAN AMENDMENTS;
AND REZONING AND PLACING LAND PRESENTLY
ZONED CF (COMMUNITY FACILITIES) TO R-l-AA
(SINGLE FAMILY RESIDENTIAL) DISTRICT;
PROVIDING FOR A MODIFICATION OF MINIMUM
LOT REQUIREMENTS AND SETBACKS FOR
CERTAIN LOTS; SAID LAND BEING A PARCEL OF
LAND LOCATED 125 FEET SOUTH OF SHERWOOD
BOULEVARD, APPROXIMATELY 650 FEET EAST OF
MILITARY TRAIL, AS MORE PARTICULARLY
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03/05/07
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRA Y BEACH, FLORIDA, MARCH 2006";
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 59-06 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance. The City Attorney
stated there will be a quasi-judicial hearing upon second reading and noted this is the first
reading/first public hearing. A public hearing was held having been legally advertised in
compliance with the laws of the State of Florida and the Charter of the City of Delray
Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated the proposal
involves 8.27 acres of the 10.98 acre Christ the King Monastery of St. Clare site. Mr.
Dorling stated this was considered by the City Commission on November 21 S\ December
5th, January 2nd, January 16th and each time there were modifications made to address the
neighbors concerns including the provision of lots along Lakeview that were 12,500
square feet which is the size of the R-l-AAA-B which is the neighboring area to the
northeast. He stated on further modifications the minimum house sizes and the setbacks
of the R-l-AAA-B were also agreed to by the applicant to be applied to those lots. Mr.
Dorling stated this is a rezoning (land use change from CF (Community Facilities) to
Low Density (Low Density Residential 0-5 dulac) and a rezoning from CF to R-l-AA for
an 8.27 acre portion of the overall site. He stated the last time the Commission saw this it
was withdrawn from the applicant and this portion of the site was included as the old
priest's residence. This has been withdrawn out of this application and results in a
change of three fewer lots and then it results in a change to the numbering of the lots
throughout the subdivision. The revised concept plan now shows 23 single family lots
with overall 26 lots so there are 3 lots to the north remain R-l-AAA.
At its meeting of February 26,2007, the Planning and Zoning Board held
a public hearing to consider the request. Several people in the neighborhood raised
concerns about the balance of the site and thought it should be R-l-AAA-B. There was
also concern about traffic and one person thought that this lot south should also be of the
R-l-AAA-B size. There was also discussion about the one way access and the
appropriateness from Sherwood. After significant discussion, the Board voted with a 3 to
1 vote to recommend approval of the request. Mr. Dorling stated the Commission has to
consider approval of the land use and the zoning and the finding that it is appropriate and
necessary to create those two lots with the reduction from 95 feet to 89 feet. Staff
recommends approval of the request and feels that the applicant has come a long way in
addressing the neighborhood's concerns.
Mayor Perlman declared the public hearing open.
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03/05107
Robert Vanderkav. 3426 Lakeview Boulevard. Delrav Beach. stated
most of the neighbors are in agreement with the size of the lots and the zoning. However,
Mr. Vanderkay stated the point of contention is the one-way into Sherwood Park and the
residents feel this should be two-way because it would help minimize the traffic in both
areas.
Rob McGovnev. 3429 Lakeview Drive. Delrav Beach. stated from the
beginning the contention was that the nuns will be remaining on the property and
building in the "blank area" that has now been taken out of zoning and kept in CF
(Community Facilities) will continue their commercial activities as they did before. The
original plan was to have a two-way access from Sherwood to them because of
commercial deliveries from UPS and other facilities. Therefore, Mr. McGovney stated
that should be maintained as a two-way which would bring it down south beyond the
Lakeview Boulevard extension.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 59-06, the public hearing was closed.
Mrs. Ellis moved to approve Ordinance No. 59-06 on First ReadinglFirst
Public Hearing, seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis-
Yes; Mr. Fetzer - Yes. Said motion passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 68-06 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendments to multiple sections of the Land Development
Regulations (LDR) Section 1.4.3, "Enforcement", Section 1.4.4, "Penalty", Section 2.2.6,
"The Historic Preservation Board", Section 2.4.6, "Procedures for Obtaining Permits and
Approvals", Section 3.2.4, "Standards for Specific Areas or Purposes", Section 4.1.4,
"Use of Lots of Record", Section 4.3.3, "Special Requirements for Specific Uses",
Section 4.4.17, "Residential Office District", Section 4.4.24, "Old School Square Historic
Arts District", Section 4.5.1, "Historic Preservation Sites and Districts", and Appendix
"A", Definitions, as recommended after a comprehensive review of the Delray Beach
Historic Preservation Design guidelines. If passed, a second public hearing will be
scheduled for March 20, 2007.
The caption of Ordinance No. 68-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRA Y BEACH
BY AMENDING SECTIONS 1.4.3,
"ENFORCEMENT" AND 1.4.4, "PENALTY",
PROVIDING THAT NEGLECT SHALL
CONSTITUTE A NUISANCE AND PROVIDING
FOR ENFORCEMENT AND PENALTIES;
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03/05/07
AMENDING SECTION 2.2.6, "THE HISTORIC
PRESERVATION BOARD", SUBSECTION (C),
"MEETING AND QUORUM", PROVIDING FOR
VOTING; AMENDING SECTION 2.4.6,
"PROCEDURES FOR OBTAINING PERMITS",
SUBSECTION (H), "CERTIFICATE OF
APPROPRIATENESS FOR HISTORIC SITES,
STRUCTURES, AND IN HISTORIC DISTRICTS",
BY PROVIDING DOCUMENTATION FOR
DEMOLITIONS; AMENDING SECTION 3.2.4,
"STANDARDS FOR SPECIFIC AREAS OR
PURPOSES", SUBSECTION 3.2.4(E), "HISTORIC
DISTRICTS AND SITES", PROVIDING FOR AND
INCORPORATING THE DELRAY BEACH
HISTORIC PRESERVATION DESIGN GUIDELINES
AND THE SECRETARY OF THE INTERIOR
STANDARDS FOR REHABILITATION;
AMENDING SECTION 4.1.4, "USE OF LOTS OF
RECORD", SUBSECTION 4.1.4(E), TO PROVIDE
FOR VARIANCES; AMENDING SECTION 4.3.3,
"SPECIAL REQUIREMENTS FOR SPECIFIC USES",
SUBSECTION (Q), "GUEST COTTAGE" TO
PROVIDE THAT HEIGHT SHALL NOT EXCEED
THAT OF MAIN STRUCTURE IN HISTORIC
DISTRICTS; AMENDING SECTION 4.4.17,
"RESIDENTIAL OFFICE (RO) DISTRICT",
SUBSECTIONS 4.4.17(A), "PURPOSE AND
INTENT", AND 4.4. 17(G), "SUPPLEMENTAL
DISTRICT REGULATIONS", PROVIDING FOR
CONVERSION OF RESIDENTIAL STRUCTURES
INTO OFFICE USE IN HISTORIC DISTRICTS;
AMENDING SECTION 4.4.24, "OLD SCHOOL
SQUARE HISTORIC ARTS DISTRICT (OS SHAD)",
SUBSECTIONS 4.4.24(D), "CONDITIONAL USES"
AND 4.4.24(H), "SPECIAL DISTRICT
REGULATIONS", PROVIDING PUBLIC PARKING
LOTS NOT ASSOCIATED WITH A USE ARE
ALLOWED AS CONDITIONAL USES AND
CLARIFYING SPECIAL DISTRICT REGULATIONS;
AMENDING SECTION 4.5.1, "HISTORIC
PRESERVATION SITES AND DISTRICTS",
SUBSECTION 4.5.1(B), "CRITERIA FOR
DESIGNATION OF HISTORIC SITES OR
DISTRICTS", 4.5.1(E), "DEVELOPMENT
STANDARDS", 4.5.1(F), "RESTRICTIONS ON
DEMOLITIONS", 4.5.1(1), "HISTORIC
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03/05107
PRESERVATION BOARD TO ACT ON SITE
PLANS, LANDSCAPE PLANS AND
ARCHITECTURAL ELEVATIONS", AND 4.5.1 (L),
"DESIGNATION OF HISTORIC DISTRICTS", BY
PROVIDING CLARIFICATION REGARDING
FENCES AND PARKING IN HISTORIC DISTRICTS,
COMP ATffiILITY STANDARDS, ADDITIONAL
REQUIREMENTS FOR DEMOLITION
APPLICATIONS AND NAMES OF HISTORIC
DISTRICTS; AND AMENDING APPENDIX "A",
"DEFINITIONS", TO PROVIDE A NEW
DEFINITION FOR "HARDSCAPE" AND
AMENDING THE DEFINITIONS FOR
"CONTRIBUTING" AND "NON-CONTRIBUTING"
STRUCTURES; PROVIDING A SAVINGS CLAUSE,
A GENERAL REPEALER CLAUSE AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 68-06 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter ofthe City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated the primary purpose
of this ordinance is to provide clarification in an objective manner to evaluate
compatibility and to help the development community and the Historic Preservation
Board (HPB) in determining what would be considered compatible development. The
amendments include some changes to demolition and specify additional information that
needs to be provided for justification for the demolition of any structure right now. It
also provides four major tools for defining compatibility: (1) Building Height Plane, (2)
Angle of Vision, (3) Lot Coverage, and (4) Infill Development Compatibility Survey.
Maximum lot coverage will be implemented based on either the average lot coverage
within the survey area, or the historic district (30% for Del-Ida Park, Marina, Old School
Square, and West Settlers and 35% for Nassau Street). Additions to contributing
structures would be able to increase their lot coverage by 5% above the maximum lot
coverage for that historic district. The Infill Development Compatibility Survey will
compare surrounding properties with proposed infill development to assure compatibility
with existing development on adjacent properties within the historic district. The survey
will include the four (4) structures across the street, two (2) on either side of the property
and the abutting properties to the rear.
At its meeting of February 21, 2007, the Historic Preservation Board
considered the subject LDR amendments. The Board made a motion to approve the
amendments and the motion failed with a vote of 1 to 5. Mr. Dorling noted that the
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03/05107
Historic Preservation Board will reconsider this at their March 7, 2007 meeting and staff
is hopeful that they will recommend approval. At its meeting of February 22,2007, the
Community Redevelopment Agency (CRA) considered the LDR amendments and did not
support it at that time and suggested that the amendments be further reviewed and
revised. At its meeting of February 26, 2007, the Planning and Zoning Board made a
motion to approve the LDR amendments and the motion failed with a 0 to 5 vote. The
Downtown Development Authority (DDA) will review the amendments at their March
12, 2007 meeting and their findings will be reported to the City Commission at their
March 20, 2007 meeting. The West Atlantic Avenue Redevelopment Coalition (W ARC)
will make a recommendation to the City Commission at its meeting of March 14, 2007
and their findings will be reported to the City Commission at their March 20, 2007
meeting. Staff recommends approval.
Mayor Perlman declared the public hearing open.
Michael Weiner. 102 North Swinton Avenue. Delrav Beach. stated he
represents nine owners in the Marina District as well as commercial property owners but
he is not taking six minutes. For the record, Mr. Weiner stated he believes he deserves 39
minutes and that he is not being given appropriate time in order to make their arguments
and this may make these hearings constitutionally defective.
The City Attorney stated this is not a quasi-judicial hearing nor will it be
quasi-judicial on second reading. She stated this is a legislative activity and informed
Mr. Weiner he is not entitled to six minutes; however, he can speak for three minutes.
Mr. Weiner stated the City of Delray Beach cannot violate its
Comprehensive Plan. He made reference to Coastal Management Element Objective C-l
and Coastal Management Objective Policy C-l.1. He stated there is no historic
compatibility and urged the Commission to not support this ordinance.
Cheryl Jones. 131 S.E. 7th Avenue. Delrav Beach. urged the
Commission to pass this ordinance and stated she purchased her 1924 home in July 1986.
On January 1989, her home was appraised and the value increased by over 30%. She
stated the only thing that was changed in this two year period was that her neighborhood
was designated a historic district and she took down some wallpaper. In 2002, she stated
a very large 3-story building (approximately 3,200) housing 8 townhomes was built
behind her home. Also, located next door to her, a 2-story very large building was built
(approximately 3,200 square feet) and this development received 143 code variances. In
her opinion, Ms. Jones stated this decreased the value of her home because she used to be
able to see the marina from her second story deck and now she sees her neighbor's
windows and garage. She stated the LDR's need some tweaking; however, she urged the
Commission to approve this ordinance.
Ellen Kev. 321 S.E. 7th Avenue. Delrav Beach. stated she is strongly
opposed to the new amendments to the LDR's because she feels they are too restrictive
and cumbersome. She urged the Commission to not support this ordinance.
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03/05/07
Anita Dietrich. 238 S.E. 7th Avenue. Delrav Beach. stated they bought a
home in the historic district in 1998 prior to the Marina District being named a historic
district. Approximately, ten years ago they went through the Historic Preservation Board
and did an addition on their home. Under the LDR's that are now being proposed, Mrs.
Dietrich stated they would not be able to build the addition. Mrs. Dietrich stated they
would like to add a garage with one-room on top and commented that their home sits on
the very back of their lot. Mrs. Dietrich stated their property was used as a test property
and the architectural firm came up with an idea to place the garage in the back of their
house which would not be connected to the home but would be right up against their
home. Therefore, they would be looking at the garage out of the kitchen window. She
urged the Commission to not approve this ordinance. Mrs. Dietrich stated they were not
contacted by the architect and when it came before the City a slide showed a swimming
pool drawn in the front yard and she noted they do not have a pool.
Lois Brezinksi. 110 N.E. 7th Street. Delrav Beach (Del-Ida Park
Historic District). stated these guidelines are desperately needed and urged the
Commission to support this ordinance.
Steve Harsnett. 405 S.E. 7th Avenue. Delrav Beach. stated he has
attended countless meetings and feels that most people are concerned with how this will
personally affect them. He stated through this process each Board still comes up with
more questions and more areas that are not yet clear. Mr. Harsnett stated with so many
items that continue to come up with each meeting that require further clarification he
does not feel this should not be rushed through and that it should be done right the first
time.
Joe Snider. 1198 S.W. 5th Court. Boca Raton. stated he has been visiting
Delray Beach for over six years and returns to visit friends and family each year. In his
opinion, Mr. Snider stated it is those people who come to visit who can see more clearly
changes since their last visit than those who have watched these changes happen
gradually on a daily basis. He stated this perspective of Delray Beach as an outsider
visiting on occasion throughout the years gives him special insight into the community.
He stated he has lived in two of the most historic communities in the country
(Georgetown, Washington D.C. and Santa Fe, New Mexico). Mr. Snider read a brief
statement into the record and explained his credentials. He stated he has seen a very
drastic change in Delray Beach in a very short time and urged the Commission to take a
close look at the proposed ordinance and consider property rights. He urged the
Commission to listen to the recommendations ofMr. Gonzalez with REG Architects.
Jane Deponte. 24 Marine Way. Delrav Beach. expressed concern over
Mr. Weiner's comments about the mandate that he feels that the City and the CRA in
joining in the development of the northern part of the Marina Historic District disturbs
her greatly. She stated this property is extremely valuable and noted she can see what has
happened in Riviera Beach with waterfront property. Mrs. Deponte stated she wants to
preserve the historic districts and does not want to see the City of Delray Beach get into
an issue like Riviera Beach regarding eminent domain. She urged the Commission to
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03/05107
take REG's proposal and incorporate into the Historic Preservation Guidelines.
Jose Herrera. 14897 Whatley Road. Delrav Beach. urged the
Commission to thoroughly think through the historic guidelines and not rush through this.
He asked the Commission to think about his generation and what will happen 25 years
from now when people from his generation want to do something in the historic district.
Matthew Grabham. 350 S.E. 7th Avenue. Delrav Beach. stated we have
guidelines in force which are protecting the historic guidelines now. He does not feel
there is an urgency to pass these proposed guidelines until they are ready and right. Mr.
Grabham supports preserving history and noted he has attended the CRA meetings,
Planning and Zoning, and HPB meetings and he has a lot of respect for what they do.
Mr. Grabham stated one recommendation he supports is to have local architects have a
Commission of their own and look through these guidelines as what the City did with the
CBD (Central Business District) guidelines so that they do not have to be redone. He
urged the Commission to really take more time to test these guidelines before the
Commission votes on them.
Craie Valvo. 325 S.E. 7th Avenue. Delrav Beach. stated there are current
guidelines in place protecting the historic districts. He briefly spoke about lot coverage
and stated although the lot coverage's are clearly displayed in the proposed ordinance, it
is not the lot coverage percentage that actually governs the size of the property but it is
the survey area. He expressed concern over the survey area and stated it creates a
tremendous amount of restriction. Mr. Valvo stated of the 15-20 properties in the
southern half of the Marina Historic District not one of them could be rebuilt in their
current state today under the proposed ordinance and this is because of the survey area.
He stated there may be one or two exceptions but to the best he can tell not one of them
could be rebuilt.
Joanne Peart. 107 N.W. 9th Street. Delrav Beach (member of the
Historic Preservation Board). stated at the meeting she meant to vote for the proposals
to go forward for Mr. Gonzalez. She stated when she came on the Historic Preservation
Board there were problems because the guidelines were not written for the
mansionization that has been coming to the historic district in recent years. Mrs. Peart
stated the guidelines were open to interpretation and the Board wanted a real formula so
that they could be fair to everyone. She urged the Commission to support the proposed
historic guidelines and looks forward to having a formula to use on the Board.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 68-06, the public hearing was closed.
Mr. Fetzer stated he feels a lot of great work has been done on this
ordinance and it is something that we agreed we needed in the city. He stated there are
still some unresolved issues and questions. He is particularly concerned that there has
been little support from other City Boards and because of the concerns the Boards have
he is not ready to move this ordinance forward to second reading.
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03/05/07
Mrs. Montague asked what will happen next if this ordinance is voted
down this evening. The City Attorney stated another ordinance can be brought back to
the Commission or they can move to table this ordinance sending it back to Boards for re-
working. Mrs. Montague stated preserving the community is the single most important
issues for the Commission and she would like to get this right. Mrs. Montague stated she
will not support this ordinance this evening. She wants to pay close attention to the
survey area and would like the districts reviewed and stated there may need to be some
modifications from district to district. Mrs. Montague stated she would like to get this
done right even if it takes another 3 or 4 months. She stated she is going to get the
balance between property rights and preserving the city and will have as many individual
meetings as she needs to until we have something that is a good compromise for this city.
Mr. Levinson expressed concern over the commercial areas in the CBD
(Central Business District) particularly in OSSHAD and stated this will require a
differentiation. Mr. Gonzalez stated the issues have been primarily in the residential
areas and this is why they have focused in the residential areas. Mr. Gonzalez stated with
regard to the commercial area, the setbacks are tighter, there is better angle of vision, and
there are other overlay areas such as the CBD areas which do a very fine job of
controlling the commercial work.
Mr. Levinson stated he believes there was discussion about something
similar to what was done with the Downtown Design Guidelines where they took a
Saturday morning and brought in local architects who deal with historic issues and asked
if this was done. Mr. Gonzalez stated he was hired as a firm to do this work for nine
months and 2 ~ months ago they started a test to see if the guidelines would work and
from they test the guidelines appear to be working fine. Mr. Gonzalez stated they have
spent a lot of time in their office and with Urban Design Studio in working out what they
feel is best for the five historic districts. Mr. Levinson asked Mr. Gonzalez if we have
gone back to what his recommendations were after all the tweaking was done by staff.
Mr. Gonzalez stated the first draft had a lot of the language and it did change slightly.
Mr. Gonzalez stated they were able to change it and bring it back in its new form and this
is when the test was performed (NovemberlDecember 2006). Mr. Levinson expressed
concern over the Historic Preservation Board members not reading or taking the extra
time to fully understand the materials. Mr. Levinson stated there are some issues that can
be done to improve the ordinance and feels we need to look at lot coverage on an
individual district basis. Mr. Levinson stated he would like something on the books to
provide more specificity so that the Board members have a better understanding of the
guidelines.
Mrs. Ellis stated look at what we got for not having these design
guidelines and supports passing this ordinance. She stated hopefully if this ordinance is
passed this evening the Commission will either come back with new guidelines or we
will have a second hearing on March 20th.
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03/05/07
Mayor Perlman asked Mr. Gonzalez if he feels this ordinance reflects the
work he did over the nine month public process. Mr. Gonzalez stated rather than the
ordinance being more complex it actually has more clarifications. Mr. Gonzalez asked
the Commission to confirm the ordinance and stated this is very similar to what has been
done in other cities.
Mayor Perlman stated comments were expressed over the way the
guidelines deal with the number of stories. Mr. Gonzalez stated Nassau Street is
basically one-story with a few two-story additions. Mr. Gonzalez stated if you have 1 12
story it means that the front needs to stay one-story and the back is where you can do the
two-story portion of the house. The City Manager stated there has been a lack of
understanding about that point and this is why this needs to be clarified. Mr. Dorling
stated clarification was needed that the Yz story represents 50% or less than the ground
floor footprint and anything more than 50% would be a second story. The City Manager
stated this has now been clarified.
Mr. Levinson moved to approve Ordinance No. 68-06 on First
Reading/First Public Hearing, seconded by Mrs. Ellis. Upon roll call the Commission
voted as follows: Mrs. Montague - No; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr.
Fetzer - No; Mr. Levinson - Yes. Said motion passed with a 3 to 2 vote, Commissioner
Montague and Commissioner Fetzer dissenting.
10.C. THIS ITEM HAS BEEN POSTPONED DUE TO THE
APPLICANT'S REQUEST.
10.D. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
10.E. ORDINANCE NO. 6-07 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendment to the Land Development Regulations (LDR)
Section 4.4.13, "Central Business (CBD) District," Subsection (F), "Development
Standards," relating to the Downtown Delray Beach Design Guidelines.
The caption of Ordinance No. 6-07 is as follows:
THE ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRA Y BEACH
BY AMENDING CHAPTER FOUR, "ZONING
REGULATIONS", SECTION 4.4.13 "CENTRAL
BUSINESS (CBD) DISTRICT", SUBSECTION (F),
"DEVELOPMENT STANDARDS", IN ORDER TO
PROVIDE UPDATED DESIGN GUIDELINES FOR THE
CENTRAL BUSINESS DISTRICT; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE
AND AN EFFECTIVE DATE.
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03/05/07
(The official copy of Ordinance No. 6-07 is on file at the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated these are
amendments to the Downtown Delray Beach Design Guidelines. On March 19,2002, the
City Commission adopted the Downtown Delray Beach Master Plan, to guide future
development of the downtown business districts. These guidelines, developed by
consultants Jaime Correa & Associates, the Design Guidelines Subcommittee,
community and industry stakeholders, and staff, were adopted by the City Commission
on May 4, 2004. Mr. Dorling stated there have been many projects that have been
approved under those Design Guidelines and only one of them is under construction. It is
noted by developers there has been some impact to these Design Guidelines with regard
to the construction costs and staff needed to review them. The Community
Redevelopment Agency (CRA) and City staff participated in a series of meetings with
local developers and design professionals to review the guidelines and determine if
changes were warranted.
Mr. Dorling stated it does maintain the ground floor in the current Design
Guidelines of five feet for non-residential from the property line; ten feet for residential
and it requires that the majority of that building be at ten feet and the remainder being
allowed to go to 15 feet. He stated another major change was that the old Design
Guidelines had six different groups of regulations and now there is only two and these are
based upon the adjoining width of the street. He stated where there is a wider street you
are allowed to go to three stories before you have to setback the building on the upper
stories and where there is a narrower street you are required to set it back after the second
story. Mr. Dorling stated wherever the setback (37 feet or 25 feet) the upper floors are
going to be a percentage of the ground floor. On the fourth floor you are limited to 70%
of the ground floor and as you go higher (above 48 feet) you are limited to 50% of the
ground floor. He stated the definition of height has been modified to encourage hip,
gable and gambrel roofs rather than flat roofs.
At its meeting of January 10,2007, the Board considered the changes and
did not have any concerns; at its meeting of February 7,2007, the Pineapple Grove Main
Street (PGMS) Board considered the changes and recommended approval; at its meeting
of February 12, 2007, the Downtown Development Authority (DDA) considered the
changes and recommended approval; at its meeting of January 11, 2007, the Community
Redevelopment Agency (CRA) considered the text amendments and recommended
approval; at its meeting of February 12, 2007, the Planning and Zoning Board considered
the LDR text amendment and several local architects and developers spoke in favor of the
changes. This included comments that the proposed changes continued to meet the intent
of the original guidelines but would be easier to administer and provide greater design
flexibility. The Board discussed the ordinance and recommended approval with a 7 to 0
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03/05/07
vote.
Mayor Perlman declared the public hearing open.
Matt Grabham. 350 S.E. 7th Avenue. Delrav Beach. stated he
understands that this is the output of the local architects given the opportunity to revise
and update the guidelines given that development was stopped for two years a part from
one project. He stated he hopes that local architects who are going to enforce guidelines
in the future are given the opportunity to participate in creating design guidelines before
they are passed.
Carv Glickstein. 1118 Waterway Lane. Delrav Beach. fully supports
the change and commended City staff and the Community Redevelopment Agency
(CRA) for taking the initiative to get the input from the design professionals and make
them work better. He hopes to revisit the design guidelines from time to time.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 6-07, the public hearing was closed.
Mrs. Ellis moved to adopt Ordinance No. 6-07 on Second Reading/Second
Public Hearing, seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes;
Mrs. Montague - Yes. Said motion passed with a 5 to 0 vote.
10.F. ORDINANCE NO. 8-07 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendment to the Land Development Regulations Article
4.5 (Overlay and Environmental Management Districts), Section 4.4.9 GC (General
Commercial District) and Section 4.4.12 PC (Planned Commercial District) to
accommodate redevelopment at the intersection of West Atlantic Avenue and Military
Trail. Ifpassed, a second public hearing will be scheduled for March 20,2007.
The caption of Ordinance No. 8-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF CODE OF ORDINANCES, BY
AMENDING SECTION 4.4.9, "GENERAL
COMMERCIAL (GC) DISTRICT", SECTION 4.4.12,
"PLANNED COMMERCIAL (PC) DISTRICT";
ENACTING SECTION 4.5.14, "FOUR CORNERS
OVERLAY DISTRICT", TO PROVIDE FOR THE
CREATION AND IMPLEMENTATION OF THE FOUR
CORNERS OVERLAY DISTRICT; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
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03/05/07
(The official copy of Ordinance No. 8-07 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this is a City-
initiated amendment and it is being processed to further policies in the Comprehensive
Plan which call for the implementation of innovative development practices and
provision of variety of housing types including workforce housing opportunities. The
amendment creates an Overlay District which is to be placed over the commercially
zoned properties (GC and PC) at the West Atlantic Avenue and Military Trail
intersection. This overlay will encourage mixed use development. The actual overlay is
delineated under LDR Section 4.5.14 and the provision of uses and development
standards are identified under LDR Section 4.4.9 and Section 4.4.12. The primary
function is to provide for a mix of office commercial and residential uses along with
workforce housing. Office and General retail uses, including direct support services and
other retail uses, would be allowed at 100% of the overall building square footage.
Multifamily development would be allowed up to a maximum density of 30 units per acre
and limited to a maximum of 75% of total building square footage on any master
development plan. The building height would be increased from 48 feet to 68 feet but
only for four acres or more. Mr. Dorling stated this would help promote aggregation.
At its meeting of February 26, 2007, the Planning and Zoning Board
considered the LDR amendment and several local architects and developers spoke in
favor of the changes. The Board discussed the Ordinance and recommended approval
with a 5 to 0 vote.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 8-07,
the public hearing was closed.
Mr. Fetzer moved to approve Ordinance No. 8-07 on First ReadinglFirst
Public Hearing, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows:
Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor
Perlman - Yes. Said motion passed with a 5 to 0 vote.
10.G. ORDINANCE NO. 7-07: An ordinance amending Chapter 33, "Police
and Fire Departments", Subheading "Pensions", of the Code of Ordinances by amending
Section 33.66, "Finances and Fund Management", revising investment provisions.
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03/05/07
The caption of Ordinance No. 7-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 33, "POLICE AND FIRE
DEPARTMENTS", SUBHEADING "PENSIONS", OF
THE CODE OF ORDINANCES OF THE CITY OF
DELRA Y BEACH, FLORIDA, BY AMENDING
SECTION 33.66, "FINANCES AND FUND
MANAGEMENT", REVISING INVESTMENT
PROVISIONS; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
(The official copy of Ordinance No. 7-07 is on file at the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 7-07,
the public hearing was closed.
Prior to the vote, Mr. Levinson stated the Commission has talked about a
30-day requirement for any changes to in the Police and Fire investment policy having to
come back to the Commission. He referenced page 2, Section 4 which talks about the
periodic update of the investment policy. Mr. Levinson stated the Commission talked
about that before it was implemented they have a 30-day period of approval or
disapproval. He stated they could initiate a change in the investment policy and it had to
be sent to the Commission in 30 days. The City Attorney stated this is a statutory
requirement and therefore it does not need to be in the ordinance. However, the City
Attorney stated there is a requirement regarding no longer than thirty days following the
end of each calendar quarter. Mr. Levinson stated he wants to ensure that the
Commission has the opportunity to amend the ordinance if necessary. The City Attorney
stated if she feels that this needs to come back to the Commission, she will bring this
back as a second ordinance.
Mrs. Ellis moved to adopt Ordinance No. 7-07 on Second and FINAL
Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows:
Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes;
Mrs. Ellis :...- Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 8:24 p.m., the Commission moved to Item
11, Comments and Inquiries on Non-Agenda Items from the City Manager and the
Public.
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03/05/07
11.A.
City Manaeer's response to prior public comments and inquiries.
None.
11.B. From the Public.
I1.B.1. Diane Colonna. Community Redevelopment Aeencv (CRA). stated
CBS morning news was at their office and they were in town yesterday as well following
Carolyn Holder (Property Manager for the CRA) around. Ms. Colonna stated
approximately eight months ago Ms. Holder was diagnosed with an advanced case of
colon cancer. Donna Gogreve, Finance & Administration Director of the CRA,
suggested that a quilt be made for Ms. Holder so that everyone could feel like they were
doing something to help. Ms. Colonna stated everyone is making a square of the quilt
and it is all being done by hand. When the Finance Director was in the Quilter's
Marketplace one day, a reporter was there doing a story and started talking to Donna and
learned about the quilt. Ms. Colonna stated consequently, the Sun-Sentinel News wrote a
story about Carolyn Holder and this quilt. CBS News picked up on it and they are doing
specials on colon-rectal cancer because Katie Couric's husband died from this and they
continue to emphasize the awareness of it. Ms. Colonna stated Ms. Holder has made it a
point to inform people about the importance of getting tested and noted Ms. Holder is
now in remission. Ms. Colonna stated this story will air the week after next and she will
let the Commission know when the date will be.
11.B.2. Matt Grabham. 350 S.E. 7th Avenue. Delrav Beach. commented about
the conference in Tallahassee that the Commission will be attending to discuss the
possibility of the property tax being reduced and sales tax being put in place across South
Florida which will treat many districts and towns the same. In his opinion, Mr. Grabham
stated this could have devastating impacts because what Boynton Beach needs is different
from what Delray Beach needs and is different from what Deerfield Beach needs, etc. He
stated we all have different needs and urged the Commission to take this into
consideration.
Mr. Levinson suggested that Mr. Grabham communicate his concerns to
his Legislators (both House and Senate) because they are the ones making these decisions
unilaterally and have not asked the Commission for their input. Mr. Levinson stated they
are doing what they think people want them to do and that if Mr. Grabham has a
particular opinion, to communicate this with his Legislators.
At this point, the time being 8:28 p.m., the Commission moved to Item
9.L. of the Regular Agenda.
9.L. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD:
Appoint one (I) regular member to the Historic Preservation Board for an unexpired term
ending August 31, 2008. Based upon the rotation system, the appointment will be made
by Mayor Perlman (Seat #5).
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Mayor Perlman stated he wished to appoint Keith Snider as a regular
member to the Historic Preservation Board (HPB) for an unexpired term ending August
31, 2008. Mr. Levinson so moved, seconded by Mrs. Ellis. Upon roll call the
Commission voted as follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passed with a 5 to 0
vote.
9.M. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD:
Appoint one (1) alternate member and four (4) regular members to the Nuisance
Abatement Board for two (2) year terms ending March 31, 2009. Based upon the rotation
system, the appointments will be made by Commissioner Montague (Seat #4), Mayor
Perlman (Seat #5), Commissioner Ellis (Seat #1), Commissioner Fetzer (Seat #2) and
Commissioner Levinson (Seat #3).
Mrs. Montague moved to appoint Leonard Epstein as an alternate member
to the Nuisance Abatement Board for a two (2) year term ending March 31, 2009,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs.
Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr.
Levinson - Yes. Said motion passed with a 5 to 0 vote.
Mayor Perlman stated he wished to reappoint Todd L'Herrou as a regular
member to the Nuisance Abatement Board for a two (2) year term ending March 31,
2009. Mr. Levinson so moved, seconded by Mrs. Montague. Upon roll call the
Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer-
Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion passed with a 5 to 0 vote.
Mrs. Ellis moved to reappoint Kenneth Kaltman as a regular member to
the Nuisance Abatement Board for a two (2) year term ending March 31,2009, seconded
by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes;
Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes.
Said motion passed with a 5 to 0 vote.
Mr. Fetzer moved to reappoint Philip Friedman as a regular member to the
Nuisance Abatement Board for a two (2) year term ending March 31, 2009, seconded by
Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr.
Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said
motion passed with a 5 to 0 vote.
Mr. Levinson moved to reappoint Arline Sherman as a regular member to
the Nuisance Abatement Board for a two (2) year term ending March 31, 2009, seconded
by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Levinson -
Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes.
Said motion passed with a 5 to 0 vote.
At this point, the time being 8:30 p.m., the Commission moved to the
First Readings portion of the Agenda.
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03/05/07
12.
FIRST READINGS:
12.A. ORDINANCE NO. 9-07: Rezoning of a 0.78 acre parcel of land from
GC (General Commercial) to AC (Automotive Commercial) for Delray Cycle, located on
the east side of Dixie Highway, between Gulf Stream Boulevard and NE 23rd Street. If
passed, a public hearing will be scheduled for March 20, 2007.
The caption of Ordinance No. 9-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED GC (GENERAL COMMERCIAL) DISTRICT TO
AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID
LAND BEING A PARCEL LOCATED ON THE EAST
SIDE OF DIXIE HIGHWAY, APPROXIMATELY 1,250
FEET SOUTH OF GULF STREAM BOULEV ARD, AS
MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRA Y BEACH,
FLORIDA, MARCH 2006"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 9-07 is on file at the City Clerk's
office.)
The City Attorney read the caption ofthe ordinance.
Paul Dorling, Director of Planning and Zoning, stated the subject property
was annexed into the City on August 22, 1989. On July 25, 2001, the Site Plan Review
and Appearance Board (SPRAB) approved a Class V site plan, landscape and
architectural elevations for Delray Cycle (a retail shop selling motorcycle parts and
accessories) on a 0.78 acre parcel fronting Dixie Highway. The facility was constructed
and has been operating since. The applicant is asking for a rezoning from GC (General
Commercial to AC (Automotive Commercial). The rezoning is being sought to convert a
portion of the existing building from retail sales (motorcycle parts) to motorcycle sales
and motorcycle repair. A separate Conditional Use request is being processed to allow
the repair aspects of this operation.
At its meeting of February 26, 2007, the Planning and Zoning Board held
a public hearing in conjunction with the AC zoning request. The Board considered this
item and voted 4 to 0 (Joe Pike stepped down) to recommend approval of the rezoning
request.
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03/05/07
Mrs. Montague moved to approve Ordinance No. 9-07 on FIRST Reading,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Montague
- Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes.
Said motion passed with a 5 to 0 vote.
12.B. ORDINANCE NO. 10-07: Privately initiated amendment to the Land
Development Regulations to establish an overlay district for family workforce housing
within the MIC (Mixed Industrial and Commercial) zoning district for the Depot Road
Property. Ifpassed, a public hearing will be scheduled for March 20,2007.
The caption of Ordinance No. 10-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF CODE OF ORDINANCES, BY
AMENDING SECTION 4.4.19, "MIXED INDUSTRIAL
AND COMMERCIAL (MIC) DISTRICT"; ENACTING
SECTION 4.5.15, "I-95ICSX RAILROAD CORRIDOR
OVERLAY DISTRICT; AMENDING SECTIONS 4.7,
"FINDINGS", SECTION 4.7.1, "DEFINITIONS",
SECTION 4.7.2, "APPLICABILITY", SECTION 4.7.5,
"DENSITY BONUS PROGRAM FOR THE
SOUTHWEST 10th STREET OVERLAY DISTRICT", TO
PROVIDE FOR THE CREATION OF A NEW
WORKFORCE HOUSING OVERLAY DISTRICT;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 10-07 is on file at the City Clerk's
office. )
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated this is a privately
initiated text amendment to add an additional Workforce Housing Overlay District within
the MIC zoning district off Depot Road. The Overlay District will allow residential
development up to 24 units to the acre through the conditional use process with a
requirement that 25% of those units be workforce housing units. The development
standards for residential developments within overlay districts similar to those of the
S.W. Neighborhood and Carver Estates Overlay District and the Infill Workforce
Housing Area will be applied to this property which would acknowledge the greater
density needed. The proposed changes are supported by Comprehensive Plan
Amendment 2007-1, which was adopted by the City Commission on February 6, 2007.
Mr. Dorling stated if passed, there is a potential for an additional 78 workforce units to be
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03/05/07
constructed within the City.
At its meeting of February 26, 2007, the Planning and Zoning Board
considered the text amendment and the Board recommended approval with a 4 to 0 vote
(Krall stepped down, Halberg and Zacks absent).
Mr. Fetzer moved to approve Ordinance No. 10-07 on FIRST Reading,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague
- Yes. Said motion passed with a 5 to 0 vote.
12.C. ORDINANCE NO. 11-07: Privately initiated amendments to the Land
Development Regulations, Article 4.7, "Family Workforce Housing," Section 4.7.2,
"Applicability," to allow payment of a fee to the Delray Beach Community Land Trust in
lieu of providing Workforce Housing units on site in order to qualify for increased height
or density in the CBD (Central Business District). If passed, a public hearing will be
scheduled for March 20, 2007.
The caption of Ordinance No. 11-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SECTION 4.7.2, "APPLICABILITY" TO
PROVIDE THAT A MONETARY CONTRIBUTION
MAY BE MADE RATHER THAN PROVIDING
WORKFORCE HOUSING; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 11-07 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated these are privately
initiated amendment to the LDR's to accommodate revisions to the City's Workforce
Housing Program dealing with the payment of a fee for the Delray Beach Community
Land Trust in lieu of providing workforce units on site in order to qualify for increased
height or density in the CBD.
The amendment, as proposed by the applicant, is to allow an in-lieu
payment of $60,000 for each required workforce unit. Although staff supports the
addition of an in-lieu payment option to qualify for increased height or density in the
CBD, this payment should be increased to match the subsidy required to provide a
workforce housing unit off site. In reviewing the current subsidies necessary for the
Community Land Trust (CLT) to provide a workforce housing unit in the city, it was
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03/05107
determined that the appropriate payment amount is $160,000 per workforce unit. This
figure represents the subsidy necessary to place a family of four into a moderate price
unit. Mr. Dorling stated the application that was going to be applied for has withdrawn
its Conditional Use application and the applicant will be coming back with 30 units to the
acre and not utilize this; however, staff feels it is prudent to move forward, adjust the
number to $160,000 and allow this option in the CBD for future development.
At its meeting of February 26, 2007, the Planning and Zoning Board
considered the text amendment. Several property owners within the Marina Historic
District were concerned that the amendment would allow higher intensity projects to be
constructed. They spoke against the amendment and requested that the in-lieu option not
be allowed adjacent to the historic district. The in-lieu payment option will just provide
an alternative to providing the units on site. The Board also discussed the in-lieu fee
amount and recommended approval on a 5 to 0 vote (Halberg and Zacks absent).
Prior to the vote, Mr. Levinson stated this is an important tool because in
these downtown units even though it is made affordable on the way in, when you add the
maintenance cost, condo fees, and taxes it skews the number. Mayor Perlman concurred
with comments expressed by Mr. Levinson and stated he wished there was more of a mix
of incomes downtown.
Mrs. Ellis moved to approve Ordinance No. 11-07 on FIRST Reading,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Ellis
- Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman-
Yes. Said motion passed with a 5 to 0 vote.
12.D. ORDINANCE NO. 12-07: City initiated amendment to the Land
Development Regulations (LDR), enacting Section 2.4.11, "Developer's Agreements", to
allow the City to enter into Developer's Agreements, when it is in the best interest of the
City. If passed, a public hearing will be scheduled for March 20, 2007.
The caption of Ordinance No. 12-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
CREATING SECTION 2.4.11, "DEVELOPER'S
AGREEMENTS", TO PROVIDE FOR THE USE OF
DEVELOPER'S AGREEMENTS; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 12-07 is on file in the City Clerk's
office.)
The City Attorney read the caption ofthe ordinance.
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03/05/07
Paul Dorling, Director of Planning and Zoning, stated Florida Statutes
permit cities to enter into developer's agreements providing an Ordinance allowing such
agreements is adopted. Since the City may desire to enter into such agreements in the
future, the proposed amendment will allow the City to do so. Under the proposed
language, entering into such an agreement shall be at the sole and absolute discretion of
the City, when it is in the best interest of the city.
At its meeting of February 26, 2007, the Planning and Zoning Board
considered the text amendment and no one from the public spoke. The Board discussed
the Ordinance and recommended approval with a 5 to 0 vote (Halberg and Zacks absent).
Mrs. Montague moved to approve Ordinance No. 12-07 on FIRST
Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr.
Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs.
Ellis - Yes. Said motion passed with a 5 to 0 vote.
12.E. ORDINANCE NO. 13-07: City initiated amendment to the Land
Development Regulations (LDR) Section 8.5.1, "Establishment of Public Arts Program",
Subsection 8.5.I(C), "Ownership and Maintenance", and Section 8.5.2, "Public Art
Advisory Board", to provide clarification as to the use of funds for the Public Arts
Program. If passed, a public hearing will be scheduled for March 20, 2007.
The caption of Ordinance No. 13-07 is as follows:
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 8.5.1, "ESTABLISHMENT OF
PUBLIC ARTS PROGRAM", SUBSECTION 8.5.1(C),
OWNERSHIP AND MAINTENANCE"; SECTION 8.5.2,
"PUBLIC ART ADVISORY BOARD" TO PROVIDE
CLARIFICATION AS TO THE USE OF FUNDS FOR
THE PUBLIC ART PROGRAM; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 13-07 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated this is a City-
initiated amendment to LDR Article 8.5, "Public Arts Program" to provide clarification
as to the use of funds for the program. The purpose of the City-initiated amendment is to
provide clarification that monies generated by the Public Arts Program may be used to
fund art placed on private as well as public property, provisions have been added to
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03/05/07
require that art placed on private property, which is funded by the program, be clearly
visible by the public, and that an agreement be executed between the City and the
property owner.
At its meeting of February 26, 2007, the text amendment was considered
by the Planning and Zoning Board and no one from the public spoke on this issue. The
Board discussed the Ordinance and recommended approval with a 5 to 0 vote (Halberg
and Zacks absent).
Mr. Levinson moved to approve Ordinance No. 13-07 on FIRST Reading,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr.
Fetzer - Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 8:44 p.m., the Commission moved to Item
13, Comments and Inquiries on Non-Agenda Items.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A.
City Manaeer
The City Manager stated he is glad to be back in South Florida and noted
it was in the low 20's this morning in Tennessee.
13.8. City Attornev
The City Attorney had no comments or inquiries on non-agenda items.
13.C.
City Commission
13.C.1.
Mr. Fetzer
Mr. Fetzer stated he had a great time at the Roast and asked how much
money was raised for the non-profits.
Mayor Perlman stated there were 430 attendees ($100.00 per person) and
2,000 raffle tickets were sold.
13.C.2.
Mrs. Ellis
Mrs. Ellis stated she is looking forward to going to the NCCJ (National
Conference for Community and Justice) Awards on Friday in Davie.
Secondly, she stated the Roast was fun.
Lastly, Mrs. Ellis stated she hopes those who are going to Tallahassee will
carry her sentiments to the State Legislature.
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03/05107
13.C.3.
Mrs. Montal!ue
Mrs. Montague had no comments or inquiries on non-agenda items.
13.C.4.
Mr. Levinson
Mr. Levinson stated he would like to publicly mention the Roast
Committee which was made up of the five organizations and many of their staffers. He
gave special recognition to the Chamber Education Fund, the Achievement Center and
the Milagro Center for their efforts with organizing the Roast. Mr. Levinson stated he
would like a copy ofthe video from the Roast.
Secondly, he stated the Robert "Bob" Federspiel Garage Dedication on
Sunday (March 4, 2007) was a fabulous event and extremely well attended.
Lastly, Mr. Levinson commented about the Courtesy Notices and stated
the Neighborhood Advisory Council (NAC) is a City Board. He stated there are
currently two organizations that are receiving these notices P.R.O.D. (Progressive
Residents of Delray), and the Presidents Council which is defunct. Mr. Levinson
suggested that some perimeters be set for staff, costs, etc. and stated with everything that
is available on the web; he feels the expense is not fair to be born by the taxpayers
particularly in a very tight time of costs.
13.C.5.
Mavor Perlman
Mayor Perlman stated he received an email from Mr. Bob Victorin today
regarding the green space issue. The BPOA (Beach Property Owners Association) is
requesting that the City advocate with FDOT for the green space to be restored to that
area. Mr. Levinson stated in the original consensus plan it was proposed that there are a
couple of places where people built their walls on the property line at the right-of-way
and we would request that they move their wall back two feet to allow that. Mayor
Perlman stated he suggested that the BPOA contact their State Legislators. Mayor
Perlman also suggested that the City write a letter or pass a resolution to send to FDOT.
Secondly, he commented about the Robert "Bob" Federspiel Garage
Dedication on Sunday, March 4, 2007 and stated the attendance was great.
Mayor Perlman stated he was the speaker at the Forgotten Soldiers
Outreach Banquet in Boynton Beach. He stated this was a nice event and they raised a
significant amount of money. Mayor Perlman stated he is hoping that other cities will
become as involved as Delray Beach was last holiday season. He stated there are a
number of soldiers that do not have family with means to ship a package so they receive
nothing. However, he stated through this organization the soldiers are able to receive
packages and they all share.
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03/05107
He commented about the Tallahassee trip and stated Sebastian has
arranged a number of meetings with key Legislators regarding the property tax reform.
Mayor Perlman stated he and the City Manager had a conference call with Sebastian last
week and discussed some of the impacts that the community would have and some of the
politics around this issue.
Mayor Perlman stated campaign season is underway and he feels it should
be labeled as the "misinformation season". He stated he went to his mailbox today and
saw the same that the Loeb Campaign sent out. He stated mis-information is being sent
out regarding growth and development after this City, the Commission, and the citizens
have worked so hard to manage growth, install Design Guidelines, and restrict height
limits. Mayor Perlman stated it is not fair to the community to use fright tactics. He
stated Mr. Stanley's campaign came out with a flyerlcard showing crime statistics of
Delray Beach with John Walsh on the front. Mayor Perlman stated this leads people to
believe that we live in a very unsafe city. He stated he reviewed the crime stats from
1995-2005 and they have had a steady downward trajectory. In the City's most troubled
neighborhoods crime is down dramatically including up to 60% in some of the rougher
weed and seed target areas. In 2006, he stated there was a slight increase in 2006 in
violent crime (3%); the County experienced an 11 % increase; Boynton Beach had a 33%
increase in violent crime in 2006. Mayor Perlman stated having read the national
statistics, there appeared to be a crime problem in this country in 2006. Mayor Perlman
stated no crime is acceptable; however, these things need to be put in context and not
used for political gain to frighten people into thinking that their community is unsafe.
Lastly, Mayor Perlman stated the SPIRIT Barbeque on Friday was
spectacular.
There being no further business, Mayor Perlman declared the meeting
adjourned at 9:06 p.m.
City Clerk
ATTEST:
MAYOR
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03/05/07
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 March 5, 2007, 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.
- 38 -
03/05/07
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MtOOLE NAME tY'ME OF BOARD. COUNCA-. COMMISSION, AUTHORITY, OR COMMITTEE
Perlman, Jeffrey L. Oelray Beach Gity Commission
~~~G~cr~~y Lakes Drive THE BOARD, COUNCIL. COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH' SERVE IS A UNIT OF:
CITY COUNTY ~ a COUNTY a OTHER LOCAL AGENCY
Delrav Beach. Florida 33444 Palm Beach NAME OF POLmCAI. SUBDMSlON:
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
March 5, 2007 ]Q ELECnVE a APPOINTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisorybodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this fonn before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
Inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she Is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S.. and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a -relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged In or carrying on a business
enterprise with the offICer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
.
.
*
*
*
*
.
*
*
*
.
*
*
*
*
ELECTED OFFICERS:
In addition to abstaining from voting In the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest In the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this fonn with the person responsible for recording the min-
utes of the meeting, who shoUld incorporate the fonn In the minutes.
*
*
*
*
.
*
*
*
*
*
.
*
*
*
APPOINTED OFFICERS:
Although you must abstain from voting In the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to Influence the decision, whether orally or In writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will Incorporate the form In the minutes. (Continued on other side)
CE FORM 88. EFF. 112000
ITEM 8 . H EQUALS ITEM 9. A. 1
PAGE 1
APPOINTED OFFICERS (continued)
. A copy of the form must be provided immediately to the other members of the agency.
· The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. You must disclose orally the nature of your conflict in the measure before participating.
. Yau must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the fonn must be provided immediately to the other members of the
agency. and the fonn must be read publicly at the next meeting after the form is filed. .
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I Jeffrey Perlman
.
. hereby disclose that on
March 5,
,20~:
(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
Inured to the special gain or loss of my business associate.
XXU Inured to the special gain or loss of my relative, Diane Colonna
inured to the special gain or loss of
whom I am retained; or
inured to the special gain or loss of
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
, by
,which
Diane Colonna, my wife is the Executive Director of the Community Redevelopment
Agency (CRA). I have a conflict voting on items that directly affect the CRA.
. March 5, 2007
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTiON, REDUCTION IN SAlARY, REPRIMAND, OR A
CIVIL PENAlTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 112000
PAGE 2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
CONDITIONAL USE MODIFICATION REQUEST FOR THE DELRAY BEACH CLUB
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA
1. This conditional use modification request has come before the City
Commission on March 5, 2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use modification request
for the Delray Beach Club. 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 5
No 0
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 MD and is
zoned RM.
Future Land Use - Is project's proposed location consistent with the
Future Land Use Map?
Yes 5
No 0
Item C1. A
c. Concurrency: Facilities which are provided by, or through, the City
shall be provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service established
within the Comprehensive Plan.
Concurrency as defined pursuant to Objective B-2 of the Land Use Element of
the Comprehensive Plan must be met and a determination made that the public facility
needs of the requested land use and/or development application will not exceed the
ability of the City to fund and provide, or to require the provision of, needed capital
improvements for the following areas:
Are the concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes 5
No 0
d. Consistency: Will the granting of the conditional use be consistent
with and further the goals and policies of the Comprehensive Plan?
Yes 5 No 0
e. Coastal Manaaement Element Obiective 0-2: There shall not be any
development upon the barrier island which shall reduce hurricane evacuation time
beyond its present level or which shall lower the level of service at the intersections of
SR A-1-A and Atlantic Avenue; George Bush Boulevard and SR A-1-A; or at Linton
Boulevard and SR A-1-A.
Is this policy met?
Yes
5
No 0
II. LOR REQUIREMENTS:
LOR Section 2.4.5(E) Reauired Findinas: (Conditional Use): Pursuant to
Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not:
i. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
2
ii. Hinder development or redevelopment of nearby properties.
Will Section 2.4.5(E)(5) be met?
Yes 5 No_O_
3. The comments and notes set forth in the staff report are hereby
incorporated herein.
4. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the conditional use request was submitted.
5. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
6. Based on the entire record before it, the City Commission approves 5
denies 0 the conditional use modification request set forth above subject to the
Conditions set forth in Exhibit A, attached hereto and made a part hereof, and hereby
adopts this Order this 5th day of March, 2007, by a vote of 5 in favor of denial and
o opposed.
~ g)QA~
Rita Ell s, Vice-Mayor
ATTEST:
~~~.~\
Chevelle Nubin
City Clerk
3
EXHIBIT A
1. Approval of a site plan by SPRAB that is in general conformance to the submitted
sketch plan and addresses the "Exhibit "A" - Landscape Technical Items" attached
in the staff report;
2. That a letter be received from the Palm Beach County Traffic Engineering Division
indicating that the proposed development meets the required traffic concurrency;
3. That engineering, grading and drainage plans be provided during the site plan
review process;
4. That a continuous effective buffer, subject to approval by the SPRAB Board, be
installed along the north and south side of the property;
5. That outdoor music including amplified or un-amplified should be restricted after
11 :00 p.m.;
6. That two ADA accessible parking spaces be located within close, accessible
proximity of the ADA accessible ramp providing access to the facility unless waivers
are requested from the City;
7. That a parking professional (valet service) be available for vehicle retrieval during
business hours and that a valet parking agreement be executed pursuant to LDR
Section 4.6.9(F)(3)(a); and
8. That all lighting comply with Code of Ordinance Section 91.51 and all windows be
tinted to minimize lighting glow on the beach. All spotlights illuminating the grounds,
building, or beach area are prohibited during March 1st through October 31st. It is
further recommended that lighting standards available from the Department of
Environmental Resource Management and Florida Department of Environmental
Protection be followed in the design of lighting for this building.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR DELRAY BEACH CLUB
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This waiver request has come before the City Commission on March 5,
2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for the Delray Beach
Club Project. All of the evidence is a part of the record in this case. Required findings
are made in accordance with Subsection I.
I. WAIVER:
Pursuant to LDR Section 4.6.9(F)(3)(e)(i), at least 2 handicapped accessible spaces are
provi'ded adjacent to the vehicle queuing area. The applicant has requested a waiver to
eliminate one of the two required handicapped accessible spaces.
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 elimination of one of the handicapped accessible spaces meet all the
requirements of 2.4.7(B)(5)?
Yes 5
No 0
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
1
/ffA11 q. B
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 0 the waiver requests to LOR Section 4.6.9(F)(3)(e)(i).
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 5th day of March, 2007, by a vote of 5
in favor and 0
opposed.
~~~ 9(lL
ita Ellis, Vice-Mayor
ATTEST:
~L~~~.~
Chevelle Nubin, City Clerk
2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
IN LIEU PARKING FEE REQUEST FOR 325 PINEAPPLE GROVE WAY
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA
1. This in lieu parking fee request has come before the City Commission on
March 5, 2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the in lieu parking fee request for 325
Pineapple Grove Way. All of the evidence is a part of the record in this case. Required
findings are made in accordance with Subsection I.
I. IN LIEU PARKING FEE:
Pursuant to LDR Section 4.6.9(E)(3), when additional parking is required due to
infill development and it is impossible or inappropriate to provide such parking, the City
Commission may approve the payment of an in lieu fee rather than require the parking
space(s) be provided.
Does the In Lieu Parking Fee request for one in-lieu parking space upon
payment of $7,800 meet the requirements of LDR Section 4.6.9(E)(3) with conditions, if
any, listed below?
N/A
Yes 5
No
o
3. The City Commission hereby finds that the In Lieu Parking Fee Request
meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the
conditions listed above, and the City Commission has applied the Comprehensive Plan
and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan and Land Development Regulations.
1
}fem q.t
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 0 the in lieu parking fee request as set forth above.
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 5th day of March, 2007, by a vote of 5 in favor and 0
opposed. ~ I
.~ C~
ATTEST: Rita EI s, Vice-Mayor
~~.\)~
Chevelle Nubin, City Clerk
2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
IN LIEU PARKING FEE REQUEST FOR
THE SAKI ROOM (f/kla BOB'S FAMOUS BAR AND POWER'S LOUNGE)
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA
1. This in lieu parking fee request has come before the City Commission on
March 5, 2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the in lieu parking fee request for The
Saki Room. All of the evidence is a part of the record in this case. Required findings
are made in accordance with Subsection I.
I. IN LIEU PARKING FEE:
Pursuant to LDR Section 4.6.9(E)(3), when additional parking is required due to
expansions of use to an existing building and it is impossible or inappropriate to provide
such parking, the City Commission may approve the payment of an in lieu fee rather
than require the parking space(s) be provided.
Does the In Lieu Parking Fee request of one in-lieu parking space at a cost of
$15,600 meet the requirements of LDR Section 4.6.9(E)(3) and the conditions, if any,
listed below?
This approval should be added to the existinQ aQreement as an additional
space.
Yes 5
No 0
3. The City Commission hereby finds that the In Lieu Parking Fee Request
meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the
conditions listed above, and the City Commission has applied the Comprehensive Plan
and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan and Land Development Regulations.
Jfe.m q. D
:
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 -L
denies 0 the in lieu parking fee request as set forth above.
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 5th day of March, 2007, by a vote of 5 in favor and 0
opposed.
ATTEST:
~.H~~. \)~~)
Chevelle Nubin, City Clerk
~~ <TDn~~
Rita E 's, Vice-Mayor
2
SPECIAL/WORKSHOP
MARCH 15, 2007
A Special/Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was
called to order by Mayor Jeff Perlman in the First Floor Conference Room at City Hall at 6:00 p.m.,
on Thursday, March 15, 2007.
Roll call showed:
Present - Commissioner Fred B. Fetzer
Commissioner Rita Ellis
Commissioner Jon Levinson
Commissioner Brenda B. Montague
Mayor Jeff Perlman
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Douglas Smith, Assistant City Manager
Susan Ruby, City Attorney
Chevelle D. Nubin, City Clerk
Janet K. Whipple, Deputy City Clerk
Mayor Perlman called the meeting to order and announced that it had been called for the purpose of
considering the following items:
SPECIAL MEETING AGENDA
1. MUNICIPAL ELECTION RESULTS: Canvass the returns, and declare the results of the
March 13,2007 First Nonpartisan Election.
Mr. Levinson moved to approve the unofficial cwnulative totals for each candidate
based on results received by the Supervisor of Elections for Commission Member/Seat
#1 and Mayor/Seat #5 including all of the regular, absentee and provisional votes as
presented, and that it is hereby declared, based upon the above and foregoing unofficial
results, that Gary P. Eliopoulos is elected as Commission Member/Seat #1, and Rita
Ellis is elected as Mayor/Seat #5 each for a two year term commencing on the 29th day
of March, 2007, and ending in accordance with the City Charter, provided however that
this declaration shall be modified based on official returns when received by the
Supervisor of Elections, seconded by Mr. Fetzer. Upon roll call, the Commission voted
as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor
Perlman - Yes; Mrs. Ellis - Yes. Said motion passed 5-0.
2. CERTIFICATION APPROVAL/SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD (SCRWfDB)
INJECTION APPLICATION: Consider a request from South Central Regional
Wastewater Treatment and Disposal Board (SCRWIDB) regarding the application for a
permit for the Deep Well Injection and approve the Certification of Financial Responsibility.
In order for the SCRWIDB to file an application for a Deep Well Injection permit,
three (3) additional items are required: 1) a letter from the City Attorney attesting that
the permittee must meet the definition of Local Government as defined in Chapter 218,
Florida Statutes, and as to the City's coverage under Part V, as to Financial
Emergencies; 2) approval and execution of the Certification of Financial Responsibility
which provides that the City is to pay 50% of the $300,000.00 total amount to be
expended for the plugging and abandonment. The certification allows for a 10%
increase within a permit cycle without authorization; and 3) a copy of the financial
statement for the latest complete fiscal year must accompany items 1 and 2. A copy of
the certificate of financial responsibility was included.
Mr. Levinson moved to approve the certification of the South Central Regional
Wastewater Treatment and Disposal Board's (SCRWIDB) Deep Well Injection
Application, seconded by Mrs. Montague. Upon roll call, the Commission voted as
follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis
- Yes; Mr. Fetzer - Yes. Said motion passed 5-0.
3. CREATIVE CITY COLLABORATIVE: Provide direction regarding appointments to
the Creative City Collaborative Organizational/Incorporation Committee.
David T. Harden, City Manager, introduced the item and offered suggestions that,
either appointments could be made at this meeting or moved to the next regular
Commission meeting on March 20, 2007, and appointments could be made by the
regular rotation schedule.
At the City Commission meeting held on December 7, 2006, the City Commission
agreed to set up the Creative City Collaborative as a 501(c)(3) and to establish a ten
(10) member Organizational/Incorporation Committee. No applications were
received for the At-Large category for representation on the
Organizational/Incorporation Committee. Staff was seeking direction on how to
proceed in order to fill that position. Options for consideration included: 1)
appointment of the Committee without At-Large applicants; 2) to appoint the
committee and utilize names submitted by each organization to help fill the At-Large
positions, or 3) wait until applications are received for the At-Large position.
2
MARCH 15,2007
Mr. Levinson moved that the Creative City Collaborative Incorporators would be:
Jay Alperin, representing the Chamber of Commerce, Mohammed Emran,
representing the Asian Festival, Alberta McCarthy representing Roots, Janie Ramirez
representing Cinco de Mayo, Nancy Stewart representing the Garlic Festival, Heidi
Sargent representing the Delray Beach Public Library, Rich McGloin representing
the Downtown Development Authority, Vera Farrington representing EPOCH
(Expanding and Preserving Our Cultural Heritage), Frances Bourque representing
Old School Square, John K. Harris, Jr. representing Sandoway House, and at the
time of the meeting, Fonner Mayor Jeff Perlman representing the City of Delray
Beach, seconded by Mr. Fetzer. Upon roll call, the Commission voted as follows:
Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr.
Levinson - Yes. Said motion passed 5-0.
4. AUTHORIZATION/TRANSFER OF OWNERSHIP: Authorization for staff to send
a letter regarding the transfer of ownership of Barwick Road from West Atlantic Avenue to
the L-32 canal from Pahn Beach County to the City of Delray Beach, provided that Pahn
Beach County contribute $125,000.00 toward future resurfacing of the road.
David T. Harden, City Manager, presented background information on the item.
Mr. Levinson moved to direct staff to send a letter regarding the transfer of
ownership of Barwick Road from West Atlantic Avenue to the L-32 Canal from
Palm Beach County to the City of Delray Beach, seconded by Mrs. Ellis. Upon roll
call, the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr.
Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion passed 5-0.
5. APPEAL OF WAIVER DENIAL/BRU'S ROOM: Consider an appeal received from
Mr. Brodzinski regarding the City Manager's denial of his request to allow the conswnption
of alcoholic beverages on the property outside his business on St. Patrick's Day. Staff
recommends denial of the appeal. (Quasi-Judicial Hearing)
Mayor Perlman read into the record the City of Delray Beach Quasi-Judicial Hearing
Rules for this item.
Janet K. Whipple, Deputy 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.
3
MARCH 15,2007
Robert A. Barcinski, Assistant City Manager, provided background information, and
stated the reason staff denied the request was the concern that other restaurants
and/ or bars would ask for the same privileges.
Bob Brudzinski, owner of Bru's Room, requested an extension of his liquor license
to extend to a 60' x 23' tent adjacent to his business on Saint Patrick's Day.
Andrew Dunkes, General Manager of Bru's Room, elaborated on the security and
crowd control that will be available. Food would also be served outside.
The City Attorney briefly reviewed the Board Order with the Commission who
made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Levinson moved to approve the Board Order with conditions as set forth,
approving the request for an extension of the Bru's Room liquor license to a 60' by
23' tent adjacent to the business on Saint Patrick's Day, seconded by Mr. Fetzer.
Upon roll call, the Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes;
Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion
passed 5-0.
Mayor Perlman adjourned the Special Meeting at 6:20 p.m.
WORKSHOP AGENDA
1. Capital Project Financmg Needs.
David T Harden, City Manager, provided information on the Proposed Utility Tax
Bond Issue. Total Funding needed for construction would be approximately $40
million. Discussion between staff and the Commission followed.
It was the consensus of the Commission to bring the item back to the March 20,
2007 Regular Commission Meeting for review, and to include the newly elected
Commissioners in the discussion.
Mayor Perlman adjourned the Workshop Meeting at 7:15 p.m.
4
MARCH 15,2007
City Clerk
A TrEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Special/Workshop Meeting of the City Commission held on
Thursday, March 15, 2007 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 amendments, additions or deletions to
the Minutes as set forth above.
5
MARCH 15, 2007
WHEREAS, water is a basic and essential need of every living creature; and
WHEREAS, the City of Dekay Beach, Water Management Districts, and the
State of Florida are working together to increase awareness about the importance of
water conservation; and
WHEREAS, the City of Delray Beach and the State of Florida have
designated April, typically a dry month when water demands are most acute, Plorida's
Water Conservation Month, to educate citizens about how they can help save
Florida's precious water resources; and
WHEREAS, every business, industry, school, and citizen can make a
difference when it comes to conserving water; and
WHEREAS, every business, industry, school, and citizen can help by saving
water and thus promote a healthy economy and community.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray
Beach, Florida, on behalf of the City Commission, do hereby proclaim the month of
April, 2007 as
WATER CONSERVATION MONTH
in Delray Beach, Florida, and call upon each citizen and business to help protect our
precious resource by practicing water saving measures and becoming more aware of
the need to save water.
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 20th day of March,
2007.
JEFF PERLMAN
MAYOR
/""'1<
117" 1
b.A
WHEREAS, the City of Dekay 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 18th Annual Delray Beach
Senior Games from February 9, 2007 through February 16, 2007 for participants over 50 years
young; and
WHEREAS, there were 10 athletic events, to wit, golf, tennis, swimming, basketball skills,
bowling, lawn bowling, bridge, shuffleboard, track and field, and table tennis; and
WHEREAS, the Dekay Beach 2007 Senior Games were designated an official regional
qualifying site for the 2007 Florida State Senior Games; and
WHEREAS, there were 286 contestants in the 2007 Senior Games, 11 of whom won 5 or
more medals, to wit as follows:
. Rodger Ribeiro, 13 medals (2 gold in basketball skills, 2 gold in bowling, 2 gold in
golf, 2 gold in table tennis, 2 gold in tennis, 1 silver and 1 bronze in track and field,
and 1 bronze in swimming)
. Chris Burt, 10 medals in swimming (9 gold, 1 silver)
. Herbert Furash, 10 medals in swimming (J gold, 3 silver)
. Loring "Snag" Holmes, 10 medals in swimming (J gold, 2 silver, 1 bonze)
. Ann Schmidt, 9 gold medals in swimming
. Abe Ulanoff, 8 gold medals (1 in table tennis, 3 in track and field and 4 in swimming)
. Ralph Johnsen, 5 medals in swimming (1 gold, 4 silver)
. Justin Langsner, 5 gold medals (2 in basketball skills, 1 in golf, 2 in track and field)
. Raymond Lebowitz,S gold medals in track and field
. George McNeill,S gold medals in track and field
. Raffi Toroyan, 5 medals (1 bronze in table tennis and 3 gold and one bronze in track
and field)
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Dekay Beach, Florida,
on behalf of the City Commission, do hereby proclaim that Chris Burt, Herbert Furash, Loring
"Snag" Holmes, Ralph Johnsen, Justin Langsner, Raymond Lebowitz, George McNeill,
Rodger Ribeiro, Ann Schmidt, Raffi Toroyan 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 Dekay Beach, Florida, to be affixed this 20th day of March, 2007.
JEFF PERLMAN
MAYOR
()~
b.B
AGENDA ITEM NUMBER:
to. B
Date: Feb. 28, 2007
AGENDA REQUEST
Request to be placed on:
_Consent Agenda ~Regular Agenda _Workshop Agenda _Special Agenda
When: March 20, 2007
Description of Agenda Item (who, what, where, how much): Request Commission
approval of and Mayor'p signature on a Proclamation honoring multiple medal
winners in the 2007 Senior Games.
City Attorney ReVi wlRecommendation (if applicable):
w
Department Head
Signature:
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials:
Account Number
Description
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda:@ I No Initials: 4
Hold U nti!: '
Agenda Coordinator Review:
Received:
WHEREAS, the DELRA Y ROCKS FOOTBALL AND CHEERLEADING Program is
sponsored by the City of Delray Beach Parks and Recreation Department, and the football players and
cheerleaders proudly represent the City of Delray Beach; and
WHEREAS, all four football teams and cheerleading teams were invited to participate in the
Sports Network International, Inc. National Youth Football Championships in Daytona Beach, Florida,
November 23 - 25, 2006; and
WHEREAS, four teams advanced to the South Florida Youth Football League Playoffs in the
League Championships; and
WHEREAS, the 90-pound team led by Coach Neal Collins advanced to the second round of the
South Florida Youth Football League Championships and was runner-up in the Sports Network
International National Youth Football Championships in Daytona Beach, Florida; and
WHEREAS, the 110-pound team led by Coach Jerome Jackson advanced to the first round of the
South Florida Youth Football League Championships and was runner-up at the Sports Network
International National Youth Football Championships in Daytona Beach, Florida; and
WHEREAS, the 135-pound team led by Coach Bernard Quince advanced to the first round of
the South Florida Youth Football League Championships; and
WHEREAS, the ISS-pound team led by Coach Richard Hughes advanced to the first round of
the South Florida Youth Football League Championships and was runner-up in the Sports Network
International National Youth Football Championships in Daytona Beach, Florida; and
WHEREAS, the Pee Wee cheerleading squad led by Coach Arissa Louis-Jean won a Superior
rating and Overall winner at the South Florida Youth Football Cheerleading Competition in Miami,
Florida, on November 12,2006; and
WHEREAS, the 8S-pound cheerleading squad led by Coach Kristie Owens won a Superior rating
at the South Florida Youth Football Cheerleading Competition in Miami and third place in the Sports
Network International National Cheerleading Competition in Daytona Beach, Florida; and
WHEREAS, both the lOS-pound cheerleading squad led by Coach Beverly Pullens and the 160-
pound cheerleading squad led by Coach Nikki Troutman received Excellent ratings in the South Florida
Youth Football Cheerleading Competition in Miami on November 12, 2006; and
WHEREAS, the parents, friends and fans of the Delray Rocks represented the City of Delray
Beach in support of the accomplishments of these youths and their coaches.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on
behalf of the City Commission, do hereby proclaim the Delray Rocks Football and Cheerleading
participants to be
"CHAMPIONS AMONG CHAMPIONS AND
AMBASSADORS OF GOOD WILL AND SPORTSMANSHIP FOR
THE CITY OF DELRAY BEACH, FLORIDA."a
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 20th day of March, 2007.
JEFF PERLMAN
MAYOR
or
3lI-
b.t
Date: March 5, 2007
AGENDA ITEM NUMBER:ll
AGENDA REQUEST
Request to be placed on:
_Consent Agenda ~Regular Agenda _Workshop Agenda _Special Agenda
When: March 20, 2007
Description of Agenda Item (who, what, where, how much): Request approval
of, and Mayor's signat~re on, a Proclamation honoring the Delray Rocks Football
and Cheerleading Program's participation in the 2006 Sports Network Internatio~al
Inc. National Youth Football Championships in Daytona Beach, Florida and the
South Florida youth Football Cheerleading Competition in Miami, Florida.
f
Department Head '.... U.--" G ~~
Signature: ;,--t--..Q...,...;:L.r'e- ~
~ ,
;' 1
I \
City Attorney Revi\nylRecommendation (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)
dl~
,. I
Agenda Coordinator Review:
Received:
WHEREAS, 110 full-time employees work in the Parks and Recreation Department within the three
Divisions of Administration/Recreation, Ocean Rescue, and Parks Maintenance; and
WHEREAS, the Department has developed perfonnance measures to identify exceptional employees
within these three Divisions based on their job duties, responsibilities, and volunteer service in the community;
and
WHEREAS, Melissa Kaminiecki from the Administration/Recreation Division, Greg Okonski from
the Ocean Rescue Division, and Margaret Johnson from the Parks Maintenance Division were the TOP
EMPLOYEES of their respective Divisions; and
WHEREAS, Melissa Kaminiecki was selected as the recipient of the Parks and Recreation
Department EMPLOYEE OF THE YEAR AWARD FOR 2006,
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf
of the City Commission, do hereby recognize and commend
MELISSA KAMINIECKI
PARKS AND RECREATION DEPARTMENT
EMPLOYEE OF THE YEAR 2006
for her dedication and service to the community of Delray Beach
In addition, I do hereby recognize and commend
GREG OKONSKI
OCEAN RESCUE DMSION
and
MARGARET JOHNSON
PARKS MAINTENANCE DMSION
TOP EMPLOYEES OF THE YEAR 2006
FOR THEIR RESPECTIVE DMSIONS
on a job well done for the Parks and Recreation Department and the City of Delray Beach.
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 20th day of March, 2007.
JEFF PERLMAN
MAYOR
o!<
~l
to.D
AGENDA ITEM NUMBER:
~j)
. j
Date: Feb. 26, 2007
AGENDA REQUEST
Request to be placed on:
_Consent Agenda ~Regular Agenda _Workshop Agenda _Special Agenda
When: March 20, 2007
Description of Agenda Item (who, what, where, how much): Request approval
of and Mayor's signature on a Proclamation honoring the Parks and Recreation
Department's Employee of the Year 2006 and the two runners-up.
City Attorney Re iewlRecommendation (if applicable):
0.JU0
Department Hea
Signature:
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials:
Account Number
Description
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda: @ I No InitialS:-'Ztf--
Hold Until:
Agenda Coordinator Review:
Received:
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MEMORANDUM
DATE: March 8, 2007
TO: City Commission
David Harden
FROM: Zion Study Circle Members
SUBJECT: Zion Study Circle Proiect
The members of the Zion Study Circle have been working on a project that we
selected at our last formal meeting of our study circle. Our members have been
meeting monthly in each others homes to complete our project which is to include
in the recitation of the City's early history the history of the Black Community. (yVe
named ourselves Zion after the first postal address name given to Delray Beach
and because we are the first study circle to continue to meet).
We have prepared an early history that incorporates the beginning history of the
Black Community as well as other history of Delray Beach. We are hopeful that the
"Early History" will be included with additional history of the City and featured on
the City's website. We are hopeful that this "Early History" will be included in
brochures such as but not limited to brochures for Heritage Month and also be
included by the Chamber of Commerce on their website and other websites
featuring the history of the City.
The Zion Study Circle would like to present to the City Commission at the City
Commission Meeting of March 20th the "Early History" we have drafted and ask
that you approve it and further ask that it be included in all future historical
references that you have the ability to direct.
We thank you so very much for establishing and allowing us the privilege of being
in one of the study circles. We have learned so much from each other and
continue to meet and pursue projects beneficial to our entire City.
Warmest Regards,
Zion Study Circle
ORIGINAL MEMBERS:
Elizabeth Alpert
Pastor Sharon Austin
Vickie Blose
Arthur Brown
Alan Burgess
Cory Cassidy
Pastor Delpe
Charlotte Durante
Pastor Evens Jules
Susan Ruby
Thuy Shutt
Pastor Thicklin
Shelly Weil
Patsy Westall
Alice Finst
Lori Durante
cc. Lula Butler, Director of Community Improvement
J,B
Earlv History of Delrav Beach
. In 1868 when William and Sara Gleason and W.H. Hunt purchased land now known
as The City of Delray Beach, Africans, Seminole Indians, and Black Seminoles had
already been living in South Florida. William Gleason was the Lieutenant Governor
of Florida from 1868-1870.
. In 1876 The Orange Grove House of Refuge #3 (located in an area also referred to
as "Orange Grove Haulover"), a haven for the shipwrecked, was constructed and
located on the northern part of the beach shoreline. The refuge derived its name
from a very old sour orange grove found planted on the beach south of the area
now known as Atlantic Avenue roughly in the vicinity of Gleason Street. The reason
this area was called the "Haulover" is that persons traveled by boat until they came
to the Haulover where they could go no further. They then carried their boats
northward walking along the beach until the natural waterway was navigable again.
The first keeper of the Refuge was Hannibel Pierce.
. In 1885 Annie Andrews, wife of the second and last keeper of the Refuge, Steven
Andrews, established a post office address for the area with the name of Zion,
Florida.
. In 1894 a "goodly" number of African American residents had already settled here
from the north and the Bahamas, among them were Mr. Henry Fagan and his Aunt
Jane Munroe.
. In 1894 the African American community was large enough that the first public
school was established. The school, known as "Dade County Colored School #4",
was located in the City to be known as Delray Beach, on N.W. 5th Avenue and was
likely held in an Indian-style thatched structure, today known as a Chickee Hut, as
many such pioneer schools were built with palmetto fronds.
. In 1894 William Linton arrived with David Swinton and Major Nathan Boynton.
William Linton bought lands from William and Sara Gleason, W.H. Hunt and others.
. In 1895 the Town of Linton was established.
. In 1895 Adolph Hofman, a German immigrant settled here and bought land
stretching from the "canal" (intracoastal) to Swinton Avenue including what was later
named Del-Ida Park, as well as other lands. Mr. Hofman had a homestead east of
N.E. ih Avenue and south of N.E. 6th street. (In 1907 Mr. Hofman purchased Lots 1,
2 and 3 of Block 100 fronting on east Atlantic Avenue).
. In 1896 the plat for the original Town of Linton was recorded.
. In 1896 the first church, Mt. Olive Baptist Church, was established and attend by
Americans of African and Bahamian descent.
. In 1896 Henry Flagler's Florida East Coast (FEC) Railroad route through the area
was completed. It is thought that the first depot was a box car.
. In 1896 Mary "Auntie" Cohen, an African American trained midwife settled in Linton
and delivered babies of all races, including the son of Adolph and Anna Hofman, Bill
Hofman.
. In 1897 the Second Church, formally Mt. TABOR, now known as St. Paul African
Methodist Episcopal (AME) Church located on N.W. 5th Avenue was established.
. Some time between1896 and 1898 the second school was established at the site of
the Old School Square for Americans of European descent.
. In 1898 Susan Williams arrived from the Bahamas and as a trained midwife and
general nurse practitioner met the medical needs of the people of Linton.
. In 1898 the name of the Town of Linton was changed to "Delray". W.W. Blackmer,
a leader of the struggling young town suggested the name. A street in what is now
the West Settlers Historic District was named for him. "Delray" was a Spanish
derived name of a subdivision in Detroit, Michigan.
. In 1902 the Ladies Improvement Association was established.
. In 1903 the third church now known as Cason Methodist Church was established
and attended mostly by Americans of European descent.
. In 1904 the fourth oldest church, Trinity Evangelical Lutheran (originally named
Evangelishe Lutherische Dreienigkeits Gemeinde by German Settlers) opened.
Adolph and Anna Hofman, along with other pioneer families of German descent,
such as the Zills, Wueppers, Roths, Millers, Freys and Blanks were founding
members. In 1905 the first parochial school (Deutsche Schule) known as the
German school was established in Delray. The Children attended public school in
the morning and the German school in the afternoon.
. In 1911 the area west of the "canal" (Intracoastal Waterway) was named the "Town
of Delray" and was incorporated. It later became the "City of Delray". John Sundy
became the first Mayor and served seven terms.
. In 1913 the Delray Beach Library was founded by the Ladies Improvement
Association.
. In 1913 Delray Elementary and High School was built, which now houses the
Cornell Museum at Old School Square. ( Later Japanese children from the Yamato
Colony, which was established south of Delray in 1904, also attend the High
School)
. In 1923 the area east of the Intracoastal was incorporated as "The Town of Delray
Beach".
. In 1925 the Delray High School was constructed, which now houses the Crest
Theatre.
. On May 11, 1927 the area east of the Intracoastal and west of the Intracoastal
combined and became "The City of Delray Beach".
2
_, __~,..,."iH~
MEMORANDUM
TO:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM A REGULAR MEETING QE MMCH 2.0. Z.o!l7
ACCEPTANCE OF EASEMENT DEED/BBC. LLC
FROM:
DATE:
MARCH 16, 2007
This item is before the Commission to accept an easement deed for a five foot sidewalk easement along
the north side of the 1100 Block of NW 1.1 Street. There is no cost to the City.
Attached is the project location map.
Recommend acceptance of the easement deed for a five foot sidewalk easement along the north side of
the 1100 Block of NW 1.1 Street.
S:\City Clerk\AGENDA COVER MEMOS\City Manager Memos\City Manager BBC llC 03.13.07.doc
City Of Delray Beach
Department of Environmental Services
MEMORAN
D
u
M
TO: David T. Harden
FROM: Randal L. Krejcarek, P.E.
DATE: 12 Mar 2007
SUBJECT: NW 1st Street
Easement Documents
Commission Agenda Item
The attached agenda item is for Commission to accept easement deed with BBC, LLC
for a five foot sidewalk easement along the north side of the 1100 Block of NW 1 st
Street.
The attached map shows the project location.
Please place this item on the 20 March 2007 Commission Agenda.
Thanks!
enc
cc: Richard Hasko, P.E., Director of Environmental Services
file
C:IDocuments and SettingslsmithdILocal SettingslTemporary Intemet FilesIOLKDSE\2007 03 20 easement agenda memo. doc
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Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
EASEMENT DEED
THIS INDENTURE, made this ~TH day of ft:Nlf4o/ ' 200!, by and between
S8l.-iUC, , with a mailing address of3hS :>.a~ BwA tj~VH-'. P/#.Wt.6C~ ~~
.
of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st
Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of
Florida, party of the second part:
WITNESSETH: That the party of the first part, for and in consideration of the mutual
promises herein contained and other good and valuable considerations, does hereby grant,
bargain, sell and release unto the party of the second part, its successors and assigns, a right of
way and perpetual easement for the purpose of the maintenance of a public sidewalk with full
and free right, liberty, and authority to enter upon and to maintain such sidewalk across, through
and upon or within the following described property lOcated in Palm Beach County, Florida, to-
wit:
DESCRIPTION
See Exhibit "A"
Concomitant and coextensive with this right is the further right in the party of the second
party, its successors and assigns, of ingress and egress over and on that portion of land described
above, to effect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, conditions and
reservations of record. That the party of the first part agreeF. to provide for the release or
subordination of any and all mortgages or liens encumbering this easement. The party of the first
part also agrees to erect no building or affect any other kind of construction or improvements
upon the above-described property, other than the aforementioned sidewalk.
It is understood that upon completion of sidewalk construction by the party of the first
part to the required standards, the party of the second part shall repair and maintain the sidewalk
in conformance with its practices of maintaining public sidewalks throughout the City.
~lE~l!UWt!~
ru MAR 0 1 2007' W
1
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described easement and that the same is
unencumbered except as provided above. Where the context of this Easement Deed allows or
permits, the same shall include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the
day and year first above written.
WITNESS #1:
PARTY OF THE FIRST PART
~i:~
(name printed or typed)
By:
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'ID;,.~~.~3
(name printed or typed)
D~rr 13J)C/~U-
STATE OF \=""'~
COUNTY OF Qi rf\ ~r ~
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&; The foregoing ~nstrument was ac owledged before me this ~ day of
e:).c) , 200L by frt/"Th- JH(U,..4L ~ CJI\J (name of officer or agent), of
B 13 c:., t.U- (name of corporation), a (State or place of
incorporation) corporation, on behalf &f the corporation. He/She is p rsonally known to me or
has produced ~'UA I ""'..i\b ~'i \i tl~e of identi atiqn) identification and did/did
not take an oatH. \
,~ LOREN SANDERS GLENN
~ .. ~ MY COMMISSION It DD600827
~~O'f\.'a~ EXPIRES: Oct. 1,2010
(407) 398-0153 Florida NoIIry s.vlCll.com
(SEAL)
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Date:
12 Mar 2007
AGENDA ITEM NUMBER:~
AGENDA REQUEST
Request to be placed on:
-X- Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When:
20 Mar 2007
Description of Agenda Item (who, what, where, how much):
Request for Commission authorization/approval for Mayor to execute easement deed
with BBC, LLC for the parcel on the northeast corner of NW 12th Avenue and NW 1st
Street.
Staff Recommendation: A~ ~
Department Head Signature: ~
3./~'07
City Attorney ReviewlRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials: N/A
Account Number
Description
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda:@/ No
Hold U ntH:
Initials: tt'1
Agenda Coordinator Review:
Received:
S:\EngAdmin\EASEMENT\2007 03 20 easement agenda. doc
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER Jt.
AGENDA ITEM · B - REGULAR MEETING OF MARCH 20, 2007
RESOLUTION NO. 22-07/FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT)/OLD GERMANTOWN ROAD SIDEWALKS
SUBJECT:
DATE:
MARCH 16, 2007
This is before Commission to consider adoption of Resolution No. 22-07 authorizing execution of a
J oint Participation Agreement OP A) with the Florida Department of Transportation (FD01) for the
installation of sidewalks on the north side of Old Germantown Road between Linton Boulevard and
Homewood Boulevard. The Florida Department of Transportation (FD01) will reimburse the City
up to $110,000.00 towards the construction of the sidewalks. The current construction cost estimate
for this project is $220,000.00. The City will prepare the plans and bid this project.
Recommend approval of Resolution No. 22-07 authorizing execution of a Joint Participation
Agreement OP A) with the Florida Department of Transportation (FD01) for the installation of
sidewalks on Old Germantown Road between Linton Boulevard and Homewood Boulevard.
S:\City Oerk\AGENDA COVER MEMOS\City Manager Memos\city manager's memo Res 22-07 JPA-FDOT Old Germantown Rd Sidewalk OJ.20.07.doc
City Of Delray Beach
Department of Environmental Services
MEMORAND
U M
FROM:
David T. Harden
Randal L. Krejcarek, PE ~
13 Mar 2007
TO:
DATE:
SUBJECT:
FOOT Joint Participation Agreement (JPA)
Old Germantown Road Sidewalks
City Project # 2006-066
Commission Agenda Item
The attached agenda item is to request for Commission approval/authorization for Mayor to
execute a Joint Participation Agreement (JPA) with Florida Department of Transportation for the
installation of sidewalks on the north side of Old Germantown Road. This JPA will provide for
reimbursement of up to $110,000.00 towards the construction of the sidewalks. The current
construction cost estimate for this project is $220,000.00. The City will prepare plans and bid
this project.
Construction funding is proposed to be available during the 2007-2008 fiscal year.
A location map is attached.
If this meets with your approval, please place it on the 20 March 2007 Commission meeting, for
approval.
Thanks!
enc
cc: Richard C. Hasko, PE, Environmental Services Director
Chevelle Nubin, City Clerk
Project File
5: IEngAdmin IProjectsI200612006-066/0FFIGAL 12007-03-20 agenda memo.DOC
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RESOLUTION NO. 22-07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, APPROVING THE JOINT PARTICIPATION
AGREEMENT FOR THE CONSTRUCTION AND FUNDING OF THE
SIDEWALK ALONG OLD GERMANTOWN ROAD BETWEEN LINTON
BOULEVARD AND HOMEWOOD BOULEVARD AND AUTHORIZING
THE EXECUTION OF THE AGREEMENT.
WHEREAS, THE City of Delray Beach, Florida desires to approve the Joint Participation
Agreement for the construction and funding of the sidewalk along Old Germantown Road between
Linton Boulevard and Homewood Boulevard; and
WHEREAS, the City Commission authorizes the execution of the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1.
That the recitals set forth above are incorporated as if fully set forth herein.
Section 2. The City Commission of the City of Delray Beach authorizes the entry into
the Joint Participation Agreement between the City and the Florida Department of Transportation
and authorizes the execution thereof.
PASSED AND ADOPTED in regular session on this the _ day of
,2007.
MAYOR
ATTEST:
City Clerk
STATe OF FLORIDA DEPARTMENT OFTIWISPORT ATION
PUBLIC TRANSPORTA 110N
JOINT PARTICIPATION AGREEMENT
~
PiJ8l.IC 1'RAN6PORTATlON
OQ/O(l
Pagel 0114
Financial Project No.: Fund: OS FLAIR Approp.: 088809
42181619401 Function: 683 FLAIR Obj.: 750098
(~IItIl-p~uence) Federal No.: Org. Code: 55042010429
Comet No.: DUNS No.: Vendor No.: F59ElOOO308007
CFOA Number: CSFA Number: 55014
THIS AGREEMENT, made. and entered Into this day of
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State ofFlorlda,
hereinafter referred to as the Department, and City of Delray Beach
100 N.W. 1st Avenue, Delray Beach, FL 33444
hereinafter referred to as Agency. The Department $nd Agency agree that all terms of this Agreement will be completed
on or before AUQust 1, 2009 and this Agreement will expire unless a time extension is provided
in accordance with Section 18.00.
WITNESSETH:
WHEREAS, the Agency has the authority to enter Into said Agreement and to undertake the project hereinafter described,
and the Departmenthas been granted the authority to function adequately In all areas of appropriate Jurisdiction Including
the Implementation of an integrated and balanced transportation system and Is authorized under
341
Florida Statutes, to enter into this Agreement
NOW, THEREFORE, In consideration of the mutual covenants, promises and representations herein, the parties agree
as follows:
1.00 Purpose of Agreement: The purpoee.ofthis Agreement is
to provide Intennodal funding to the City of Defray Beach for sidewalk construction along Old Germantown Road,
between Linton Boulevard and Homewood Boulevard. These newfy constructed sidewalks will connect residential
communities to existing transit stops on Old Germantown Road.
and as further descrlbed In Exhlbit{s) A,B,C,D. attached hereto and by this reference made a part
hereof, hereinafter referred to as the proJect, and to provide Departmental financial assistance to the Agency and state the
terms and conditions upon which such assistance will be provided and the understandings as to the manner In which the
project wilt be undertaken and completed.
725-O:lO-Oll
PUIlUC TRANllPOATATlOH
GMliI
Plrgt 2 of 14
2.00 Accomplish ment of the Project
2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibtt
"A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound,
economical, and efficient manner, and in accordance with theprovislons herein, and all applicable la'A9.
2,20 Pursuant to Federal, State. and Local Law: In the event that any election, referendum, approval, permit,
notice, or other proceeding or authorIZation Is requisite under applicable law to enable the Agency to enter into this
Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the
Agreement, the Agency will initiate and consummate, as provided by law, aU actions necesSary with respect to any such
matters so requisite.
2.30 Funds of the Agency: The Agency shall Initiate and prosecute to completion all proceedings neceSsary
inoludlng federal aid requirements to enable the Agency to provide the necessary funds for completion of the project.
2.40 Submission of Proceeding., Contracta and Other Documents: The Agency shall submit to the
Department such data, reports, records, contracts and other documents relating to the project as the Department may
require as rrsted in exhibit "e" attached hereto and br this reference made a part hereof.
3.00 Project Cost The total estimated cost of the project is $ 220,000 . Thia amount
Is based upon. the estimate summarized In Exhibit "B" attached hereto and by this reference made a part hereof this
Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the projeCt and any deficits
involved.
4.00 Department Participation: The Department agrees to maximum particIPation. including contingencies,
in the project in the amount of $ 110,000 8S detailed in Exhibit "B", or In an amount equal to the
percentage( s) of total project cost shown In exhibit "B", whichever is less.
4.10 Project Cost EJJglbJlIty : Project costs eligible for State participation will be aUowed only from the effective
date of this agreement It is understood that State participation in eligible project costs is subject to:
(a) Legislative approval of the Departmenfs appropriation request in the work program year that the project is
scheduled to be committed;
(b) Availability of funds as stated In Section 17.00 of this Agreement;
(0) Approval of all plans, specifications, contracts or other obligating documents and all other terms of thiS
Agreement;
(d) Department approval of the project scope and budget (Exhibits A & B) atthe time appropriation authority
becomes available.
4.20 Front End Funding: Front end funding 0 is @) Is not applicable. If applicable, the Department
may initially pay 100016 of the total allowable incurred project costs up to an amount equal to its total share of participation
as shown in paragraph 4.00.
5.00 Retalnage: Retainage 0 is (!) Is not applicable. If applicable, percent of the
Department's total share of participation as shown in paragraph 4.00 is to be held In retalnage to be dIsbursed. at the
Department's discretion, on or before the completion of the final project audit.
6.00 Project Budget and Payment Provisions:
6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department.
The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements
of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall
be effective unless It complies with fund participation requirements established in Section 4.00 ofthts Agreement and is
approved by the Department Comptroller.
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6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment wiD begin in the year the
project or project phase Is scheduled in the work program as of the date of the agreement. Payment will be made fOr
actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice.
7.00 Accounting Records:
7.10 establishment and Maintenance of Accounting Records: The AQency shall establish for the project, in
conformity with requirements established by Departments program guidelines/procedures and "Principles for state and
Local Governments", separate accounts to be maintained within Its existing accounting system or establish independent
accounts. Such accounts are referred to herein collectively as the "project account', Documentation of the project
account shall be made available to the Department upon request any time during the period of the Agreement and for
three years after final payment is made.
7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project
account, and deposit In a bank or trust company Which Is a member of the Federal Deposit Insurance Corporation, all
payments received by it from the Department pursulUrt to this Agreement and all other funds provided for, accruing to, or
otherwise received on account of the project, which Department payments and other funds are herein collectively
referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all
project funds in excess of the amounts Insured under federal plans, or uhder state plans which have been approved for
the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner
as prescribed by State law for the security of public funds, or as approved by the Department.
7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the
project. Costs in excess of the latest approved budget or attributable to actions whIch have not received the required
approval of the Department shall not be considered eligible costs.
7.40 Documentation of Project Costs: All costs charged to the project, including any approved services
contrtbuted by the Agency or others, shall be supported by properly executed payrolls, time records, invoices. contracts, or
vouchers evldencing in proper detail the nature and propriety of the charges.
7.50 Checks, Orders, and Vouchers: Any check or order drawn by the AQenoy with respect to any item which Is
or will be chargeable against the project account will be drawn only in accordance with a property signed voucher then on
file In the offioe of the Agency stating In proper detail the purpose for which such check or order is drawn. All checks,
payrolls, Invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project
shall be clearty identified, readily accessible, and, to the extent feasible, kept separate and apart from aU other such
documents.
7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any
monitoring proceduresJprooesses deemed appropriate by the Department, Including but not limited to site Visits
and limited scope audits. The Agency further agrees to comply and cooperate with any Inspections, reviews,
Investigations, or audits deemed necessary by the state Comptroller or Auditor General. The Agency shall retaIn
sufficient records demonstrating Its compliance with the terms of this Agreement for a period of three years from the date
the audit report is issued, and shall allow the Department access to such records and working papers upon request The
following requirements do 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 state agency inspector general, the Auditor
General, or any other state official.
The Agency shall comply with aft audit and audit reporting requirements as specified in Exhibit "0" attached hereto and by
this reference made a part hereof this Agreement
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7.61 Monitoring: In addition to reviews of audits concIucted in accordance with OMS Circular A-133 and Seetlon
215.97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope aucflts as defined by OMS Circular A-133, and/or other procedures. The Agency 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 Agency is appropriate, the Agency agrees to comply
with any additional instructions provided by the Department staff to the Agency regarding suctl audit. The Agency further
agrees to comply and cooperate wlth any inspections, revie\W, investigations, or audits deemed necessary by FDOT's
otnce of Inspector General (DIG) and Florida's Chief Financial Officer (CFO) or AUditor General.
7.62 Audits:
Part I Federally Funded: If the fl{Jency is a state, local government, or non-profit organizations as defined In OMS
Circular A-133 and a reclpient. of federal funds, the.following annual audit criteria will apply;
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-speolflc audit conducted In accordance with the provisIons of OMS Circular A-133. as revised.
Exhibit "0" 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 estabrlShed by OMS Circular A-133, as revised. An audit of the recipient
conducted by the Auditor General in accordance with the provisions OMS Circular A-133. as revised, will meetthe
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 audltee responsibilities as provided in Subpart C of OMS Circular A-133.
3. If the recipient expends less than the amount In Part I, Paragraph 1., an audit conducted in accordance with the.
proviSions of OMS Circular A-133, Is not required. tfthe recipient elects to conduct such an audit, the cost of the audit
must be paId from resources obtained from other than Federal entities.
4. Federal awards are to be identified usiilg the Catalog of Federal Domestic Assistance (CFDA) We and number,
award number and year, and name of the awarding federal agency.
Part II state Funded: If the Agency Is a nonstate entity as defined by Section 215.97(2){m), Florida Statutes, and
a recipient of state funds, the following annual audit criteria will apply:
1. In the event that the recipient expends a total amount of state financlal assistance equal to or in excess of $500,
000 In any fl9cal year, the recipient must have a state single or proJect-epeclfic aucflt for such fiscal year in accorclance .
with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for-proflt organizations), Rules of the Auditor General.
Exhibit "0" to this agreement indicates state financial assistance awarded through the Department by this agreement. In
determining the state flnanclal assistance expended In Its fiscal year, the reoiplent shall consider all sources of state
financial assistance, including state financial aSslstance received from the Department, other state agencies, and other
nonstate entities. state financial assistance does not include Federal direct or pas&-through awards and resources
received by a nonstate entity for Federal program matching requirements.
2. In connectlon with the audit requirements addressed In Part ii, Paragraph 1., the recipient shall ensure that the
audit complies with the requirements of Seclion 215.97(7), Florida statutes. This includes submission of a financial
reporting package as defined by Section 215.97(2)(d); Florida statutes, and Chapter 10.550 (local governmental entities)
or 10.650 (nonprofit ancJ for-profit organizations), Rules of the Auditor General.
3. If the recipient expends lass than the amount in Part II, Paragraph 1., such audit is not required. If the recipient
elepts to conduct suoh an audit, the cost of the audit must be paid from the reolpienfs resources obtained from nonstate
entities.
4. State awards are to be identified using the Catalog of state Financial Assistance (CSFA) title and number,
award number and year, and name of the state agency awarding It.
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Part III other Audit Requirements
1. The Agency 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.
2. 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 Department, the
Department Comptroner, and the Auditor General. This sectlon does not Omit the authority of the Department to conduct or
arrange for the conduct of addltlonal audit$ or evaluations of state financial assistance or limit the authority of any other
state official.
Part tV Report Submission
1. Coples of reporting packages for audits conducted In accordance with OMS Circular A-133, as revised, and required .
by Section 7.621 of this agreementshaR be submitted, when required by Section .320 (d), OMB Circular A-133, by or
on behalf of the recipient directly to each of the following:
A. The Department at each of the following addresses:
FOOT Office of Modal Development
3400 West Commercial Boulevard
Fort Lauderdale, FL 33309-3421
B. The number of copies required by Sections.32O (d)(1) and (2), OMB Circular A-133, submitted to the following
address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
JeffersonvJ1le, IN 47132
C Other Federal agencies and pass-through entities in accordance With Sections .320 (8) and (f), OMB Circular
A-133.
2. In the event that a copy of the reporting package for an audit required by Section 7.621 of this Agreement and
. conducted in accordance with OMS Circular A-133 is nat required to be submitted to the Department for reasons
pursuant to sectfc)n .320 (8)(2), OMB Circular A-133, the recipient shall submit the required wrttten notification
pursuant to Seetlon .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards
directly to eaoh of the following:
FDOT Office of Modal Dev8lopment
S400 West Commercial ekxJIwald
Fort Lauderdafe, FL 33309-3421
In addition, pursuant to Section .320 (1), OMB Circular A-133, 8$ revised, the reclplent shall submit a copy of the
reporting package described In Seetlon .320 (c), OMB Circular A-133, and any management letters Issued by the
auditor, to the Department at each of the followlng addresseS:
FOOT Office of Modal Development
3400 West Commerdal Boulevard
Fort Lauderdale, FL 33309-3421
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3. Copies of financial reporting packages required by Seolion 7.622 of this Agreement shall be submitted by or on behalf
01 the recipient dIrectly to each of the following:
A. The Department at each of the following addresses:
FOOT Office of Modal Development
3400 West Commercial Boulevard
Fort Lauderdale, Fl33309-3421
B. The Auditor General's Office at the foRowlng address:
Auditor General's Office
Room 401 t Pepper BuDding
111 West Madison Street
TaUahassee, FloIida 32399-1450
4. Copies of reports or the management letter required by Section 7.623 of this Agreement shall be submitted by or on
behalf of the reclplent directly to:
A. The Department at each of the following addresses:
FOOT Office of ModaJ DtMtlopment
3400 West Commerciaf Boulevard
Fort Lauderdale, FL 33309-3421
5. Any reports, management letter, or other Information required to beeubmitted to the Department pursuant to this
Agreement shall be submitted timely In accordance with OMB Circular A--133, Section 215.97, Florida statutes, and
Chapter 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 t9 the Department for audi/s done in accordance with OMS
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 Agency In
correspondence accompanying the reporting package.
7.63 Record Retention: The Agency shall retain sufficient records demonstrating i/s compliance with the terms of
this Agreement for a period of at least fIVe years from the date. the audit report Is Issued, and shaD aHow the Department,
or its designee, tl"Ie CFO or Auditor General access to SUch records upon request. The Agency shall ensure that the
Independent audit working papers are made available to the Departmen~ or its designee, the 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 .
7.64 Other Requirements: If an audit disdoses any significant audit findings related to any award, including
matenal noncompliance with individual project compliance requirements or reportable conamons in Internal controls of the
Agency, the Agency shall submit as part of the audit paokage to the Department a plan for corrective action to eliminate
such audit findings or a statement describing the reasons that corrective action Is not necessary. The Agency shall take
timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans.
7.65Insurance: Execution ofthi$ Joint Participation Agreement constitutes a certification that the Agency has and
will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any
accident or casualty for the useful life of such equipment or facilities. In the event or the loss of such equipment or
facilities, the Agency shall either replace the equipment or faelUtles or reimburse the Department to the extent of Its interest
in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure
such as airport runways the Department may waive or modify this section.
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8.00 Requisitions and Payments:
8.10 Action by the Agency; In order to obtain any Department funds, the Agency shalf file with the Department
of Transportation, District 4 Public Transportatlon Office 3400 W. Commercial Blvd., Ft. Lauderdale , FL,
33309-3421 its requisition on a form or forms prescribed by the Department, and any other data pertaining to
the project account (as defined In Paragraph 7.10 hereof) to justify and support the payment requisitions.
8.11 Invoices for fees or other compensation for services or expenses shall be submitted tn detail
sufficient for a proper preaudit and postaudit thereof.
8.12 Invoices for any travel expenses shall be submKted in accordance with Chapter 112.061, F.S.
The Department may estabrrsh rates lower than the maximum provided in Chapter 112.061, F.S.
8.13 For real property acquired, submit;
(a) the date the Agency acquired the Teal property,
(b) a statement by the Agency certifying that the Agency has acquired said real property, and
actual consideration paid for real property.
(c) a statement by the Agency certifying that the appraisal and acquisition of the real property
together with any attendant relocation of occupants was accomplished In compliance with all
federal laws, rules and procedures required by any federal oversight agency and with all state
laws. rules and procedures that may apply to the Agency acquiring the real property.
8.20 The Departments Obligations: Subject to other provisions hereof, the Department will honor such
requisitions In amounts and at times deemed by the Department to be proper to ensure the carrying out of the project
and payment of the eligible costs. However, notwithstandll1l any other provision of this Agreement, the Department
may elect by .notlce in writing not to make a payment on the project If:
8.21 Misrepresentation: The Agency shall have melde misrepresentation of a material nature in its application,
or any supplement thereto or amendment thereof, or in or wlth respeetto any document or data furnished therewith or
pursuant hereto;
8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties
or obligatIons which may Jeopardize or. adversely affect the project, the Agreement, or payments to the project:;
. 8.23 Approval by Department: The Agency shall have taken any actlon.pertainlng to the project which, under
this agreement, requires the approvaf of the Department or has made related expenditures or incurred related
obftgations without having been advised by the Department that same are approved;
8.24 Conflict of Interests: . There has been any violation of the conflict of Interest provisions contained herein;
or
8.25 Default The Agency has been determined by the Department to be in default under any of the
provisions of the Agreement.
8.28 Feeleral Participation (If Applicable): Any federal agency providing federal financial assistance to the
project suspendS or terminates federal financial assistance to the project. In the event of suspension or terminatlon of
federal financial assistance, the Agency will reimburse the Department for all disallowed costs. '
8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects
coets Incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest
approved budget for the project, and costs attributable to goods or services received under a contract or other
arrangements which have not been approv~ In WIitlng by the Department.
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8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit
or for work or services performed pursuant to this agreement, the Department may offset such amount from payments
due for work or services done under any public transportation joint participation agreement which it has with the Agency
owing such amount If, upon demand, payment of the amount is not made within sixty (60) days to the Department.
Offsetting amounts shall not be considered a breach of contract by the Department.
9.00 Termination or Suspension of Project:
9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues
the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.26 lnclusive, or for any other
reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable,
Infeasible, Impossible, or illegal, the Department will, by written notice to the Agency, suspend any or an of Its
obligations under this Agreement until such time as the event or condition resulting in sooh suspension has ceased or
been corrected, or the Department may terminate any or all of its obHgations under this Agreement
9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or
suspension notice under this paragraph, the Agency shall prooeed promptly to carry out the actions required therein
which may Include any or aU of the following: (1) necessary aotion to terminate or suspend, as the case may be, project
activities and contracts and such other action as may be required or desirable to keep to the minimum the cost& upon the
basis of which the financing Is to be computed; (2) furnish a statement of the project activities and contracts, and other
undertakings the cost of which are otherwise Includable as project costs; and (3) remit to the Department such portion of
the financing and any advance payment previously received as is determined by the Department to be due under the
provisions of the Agreement. The termination or suspension shaH be carried out in conformity with the latest schedule,
plan, and budget as approved by the Department or upon the basis ofterms and conditions Imposed by the Department
upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a
remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of
any claim which the Department may otherwise have arising out of this Agreement.
9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor
or Agency to allow public access to all documents, papers, letters. or other material subject to the provisions of Chapter
119, F.S. and made or received in conjunction with this Agreement. .'
10.00 Remlulon of Project Account Upon Completion of Project Upon completion or the project, and after
payment, provision for payment. or reimbUrsement of all project cosIs payable from the project account is made, the
Agency shall remit to the Department its share of any unexpended balance in the project account.
11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the
Departmenfs authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records
and accounts pertaining to the financing and development of the project.
12.00 Contracts or the Agency:
12.10 third party Agreements: Except as othelWise authOJ1Zed In writing by the Department, the Agency shall
not execute any contract or obligate Itself in any manner requiring the disbursement of Department joint participation
funds, Including cOl19ultant, construction or purchase of commodities contracts or amendments thereto, with any third
party with respect to the project without the written approval of the Department. Failure to obtaIn such approval shall be
suftlcient cause for nonpayment by the Department as provided In Section 8.23. The Departmentspeclfically reserves
unto Itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the
employment of the same.
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12.20 COmpliance with COnsultants' Compe1ltlve NegotIatIon Act It is understood and agreed by the partles
hereto that participation by the Department In a project with an Agency, where said project involves a consultant contract
for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of
Chapter 287, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve
the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to
the Department that selection has been accomplished in compliance WIth the Consultants' Competlt/Ve Negotiation Act.
12.30 Disadvantaged BU$ln.. Enterprise (DBE) Policy and Obl/gatlon:
12.31 DBE Pol fey: It is the policy of the Department that disadvantaged busIness enterprises as defined
In 49 CFR Part 26, as amended, shall have the maximum opportunity to participate In the performance of
contracts finanoed in whole or in part with Department funds under this Agreement The DBE requirements of 49 CFR
Part 26, as amended, apply to this Agreement.
12.32 DBE Obligation: The Agency and it& contractors agree to ensure that Disadvantaged Business
Enterprises as defined In 49 CFR Part 26, as amended, have the maximum opportunity to participate In the performance
of contracts and this Agreement. In this regard, all recipients, and CQI'ltractOlS shall take all necessary and reasonable
steps In aocordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the
maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not
discriminate on the basis of race, color, national origin or sex In the award and performance of Department assisted
ooma~. .
12AO The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFRPart 26l1ied
under this section to the Department within 30 days of receipt by the Agency.
13.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Ag!!flcy shall
not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national
origin. The Agency WIll take aft'irmativeactlon to ensure that applicants are employed, and that empl()yee& are treated
during employment, without regard to their race, age, creed. color, sex, or national.origin. Such action shall Include, but
not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termInation; rates of payor other forms of compensation; and selection fQr training, including apprenticeship.
The Agenoy shall insert the foregoing provision modified only to show the particular contractual relationship in all its
contracts in connection with the development or operation of the project, except contracts. for standard commercial
supplies or raw materials, and shall require all such contractors to insert a similar provision In aU subcontracts, except
subcontracts for standard commercial supplies or rfNi materials. When the project InvolveS tnstallation, construction,
demolition, removal, site Improvement, or similar work, the Agenr::y shall post, in conspicuous places available to
employees and applicants for employment for project work, notices to be provided by the Department setting forth the
provisions of the nondiscrimination clause.
13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Partlclpation Agreement constitutes a
certification that the Agenr::y will comply with aU the requirements imposed by Title VI of the eivH Rights Act of 1964 (42
U.S.C. 2OOOd, et. seq.). the Regulations of the Federal Department of Transportatlon Issued thereunder, and the
assurance by the Agenr::y pursuant thereto.
13.30 Title VIfI - Civil Rights Act of 1968: Execution of this Joint PartJcipation Agreement constitutes a
certification that the Agency will comply with aU the requirements imposed by TltIe VIII of the Civil Rights Act of 1968,42
use 3601,et seq., which among other things, prohibits diScrimination in housing on the basis of race, color, national.
origin, creed, sex. and age. .
13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement
oonstitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et
seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto.
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13.50 Prohibited 1nteres1B: The Agency shall not enter into a contract or arrangement in connection with the
project or any property Included or planned to be included In the project, with any officer. director or employee 01 the
Agency, or any business entity of which the officer, director or. employee or the officer's, director's or employee's spouse
or child Is an officer, partner, director, or proprietor or In which such officer, director or employee or the officer's, director's
or employee's spouse or child, or any combination of them, has a materia/Interest.
. Materiallntere&t" means direct or ir'ldirect ownership of more than 5 percent of the total assets or capital stock of any
business entity.
The Agency shall not enter into any contract or arrangement in connection with the project or any property included or
planned to be Included In the project, with any person or entity who was represented before the Agency by any person
who at any time during the immediately preceding two years was an officer, director or employee of the h;Jency.
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal
depositories, any agreement for utility services the r~ for which are fixed or controlled by the government, or any
agreement between the Agency and an agency of state government.
13.60 Interest of Members of, 0; Delegates to, COngress: No member or delegate to the Congress of the
United states shall be admitted to any share or part of the Agreement or any benefit arising therefrom.
14.00 Miscellaneous ProvtsiOl18:
14.10 Envlronmenfat Pollution: Execution of this Joint Participation Agreement constitutes a certification by the
Agency that the project will be carried out In conformance with all applicable environmental regulations Including the
securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non..compliance
with applicable environmental regulations, including t~ securing of any applicable permits, and will reimburse the
Department for any loss incurred in connection therewith.
14.20 Depa1ment Not ObHgated to Third Parties: The Department shall not be obligated or liable hereunder
to any party other than the Agency.
14.30 When Rights and Remedies Not Waived: In no event shalf the making by the Department of any
payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any
default which may then exist, on the part of the Agency f and the making of such payment by the Department while any
such breach or default shan exist shaH in no way impair or prejudice any right or remedy available to the Department wfth
respect to such breach or default.
14.40 How Agreement Is Affected by Provisions Being Hekllnvalld: If any provision of this Agreement Is
held Invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then
QOntlnue to conform to the terms and requirements of applicable law.
14.50 Bonus or Commission: By execution of the Agreement the A/;Jency represents that It has not paid and,
also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of Its application for the
financing hereunder.
14.60 State or Territorial Law: Nothing In the Agreement shall require the Agency to observe or enforce
compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State
law: Provided, that if any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify
the Department In writing in order that appropriate changes and modifications may be made by the Department and the
Agency to the end that the Agency may proceed as soon as possible with the project.
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14.70 Use and Maintenance of Project FacllltJes anel equipment: The Agency agrees that the project facilities
and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of
such facilities and equipment as determined in accordance with general accounting principles and approved by the
Department. The Agency further agrees to maintain the project facilitIes and equipment in good working order for the
useful life of said facilities or equipment. .
14.71 Property Records: The Agency agrees to maintain property records, concIuet physic:allnventorles and
develop control systems as required by 49 CFR Part 18. when applicable.
14.80 Disposal of Project FaclllUes or Equipment: If the Agency disposes of any project facility or equipment
during its useful life for any purpose except Its replacement with like facility or equipment for public transportation use, the
Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. . The Agency agrees to
remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment Said
proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment
as provided in this Agreement.
14.90 Contractual Indemnity: To the extent provided by law, the Agenoy shall Indemnify, defend. and hold
harmless the Department and aU of its officers, agents, and employees from any claim, loss, damage, cost, charge, or
expense arising out of any aet, error. omission, or negligent act by the Agency, its agents, or employees, during the
performance of the Agreement, except that neither the Agency, its agents, or Its employees will be liable under this
paragraph for any claim. loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act
by the Department or any of its officers, agents, or employees during the performance Of the Agreement.
When the Department receives a notice of claim for damages that may have been caused by the Agency in the
performance of services required under this Agreement, the Department will immediately forward the claim to the
Agenoy. The Agency and the Department wiD evaluate the claim and report their findings to each other within fourteen
(14) .working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will
determine whether to require the participation of the Agency in the ~fense of the claim or to require that the ~
defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency
of a claim shall not act as a waiver of any right herein to require the partlolpatlon in or defense of the claim by Agency.
The Department and the Agency will each pay Its own expenses for the evaluation, settlement negotiations, and trial, If
any. However. if only one party participates in the defense of the claim at trial, that party is responsible for all expenses
at trial.
15.00 Plans and Specifications: In the event that this Agreement involVes the purchasing of capital equipment
or the constructing and equipping of faoilities, the Agency shall submit to the Department for approval all appropriate
plans and specifications covering the project. The Department will review all plans and specificatlons and wllIlssue to the
Agency written approval with any approved portIons of the project and comments or recommendations conceming any
remainder of the project deemed appropriate. After resolution of these comments and recommendations to the
Department's satlsfaQtion, the Department will i$sUe to the ~enay written approval with said remainder of the project.
Failure to obtain this written approval shall be sufficient cause for nonpaymert by the Department as provided In
8.23.
16.00 Project Completion, Agency Certification: The Agency will certify In writing on or attached to the final
invoice, that the project was completed In accordance with applicable plans and specifications. Is in place on the ~ency
facility. that adequate title IS in the Agency and that.the project IS accepted by the ~ncy as suitable for the intended
purpose.
17.00 Appropriation of Funds:
17.10 The State of Flonda's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature.
725-O3O-Oll
pueuc TIWl8POIITATlClN
D9IIl6
Pagt120f 14
17.20 Multi-Year Commitment In the eventfhis Agreement Is In excess of $25,000 and has a tenn for a period
of more than one year, the provisions of Chapter 339. 135(6)(a), F.S., are hereby Incorporated: "(a) The Department,
during any fiscal year, shall not expend money, Incur any liability, or enter into any contract which, by its terms involVes
the expenditure of money in excess 01 the amounts budgeted as available for expenditure during such fiscal year. Any
contract, verbal or written, made In violation of this subsection Is null and void, and no money may be paid on such
contract. The Department shall require a statement from the comptroller of the Department that funds are available prior
to entering Into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the .
making of contracts for period& exceeding 1 year, but any contract 80 made shaD 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 Inoorporated
verbatIm in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for
a period of more than 1 year."
18.00 expiration or Agreement The Agency agrees to complete the project on or before
August 1, 2009 . If the Agency does not complete the project within this time period, this Agreement
will expire unless an extension of the time period is requested by the Agency and granted in writing by the
District Director of Transportation Development . Expiration of this Agreement will be considered termination
of the project and the procedure established in Section 9.00 of this Agreement shan be initiated.
18.10 Rnallnvolce: The Agency must submit the final Invoice on this project to the Department within 120 days
after the expiration of this Agreement Invoices submitted after the 120 day time period will not be paid.
19.00 Agreement Format: All words used herein in the singUlar form shall extend to and Include the plural. All
words used In the plural form shall extend to and include the singular. All words used In any gender shall extend to and
Include all genders.
20.00 ExecuUon of Agreement: This Agreement may be simultaneously executed In a minimum 01 two
counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall
constitute one In the same Instrument.
21.00 Restrictions on lobbying:
21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on
behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal
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 contract, 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 contract, grant, loan or cooperative agreement.
If any funds other than federal appropriated funds have been paid by the Agency to any per$OIl for Influencing or
attempting to influence an officer or employee of any federal agency, a Member of Congress, an ofIIcer or employee of
Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the
undersigned shall complete and submit standard Form-l.LL, "Disclosure Form to Report Lobbying," In accordance with
its Instructions.
The Agency shall require that the language of this sectlon be included In the award documents for all subawards at all
tiers (Including subcontrads, subgrants, and contracts under grants, loans and cooperative agreements) and that all
subreeipients shall certify and disclose accordingly.
21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state
agency.
~
PUBUC TIW/8PCIRTATlON
ll9Ill6
"",,,13of 14
22.00 Vendors Rights: Vendors (In this document identified as Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to
Inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise.
The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20
days are measured from the latter of the date the Invoice Is received or the goods or services are received, inspected
and approved.
If a payment Is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and
services, a separate interest penalty In accordance with Section 215.422(3){b), F.S. will be due and payable, In addftlon
to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care
providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency
requests payment. Invoices which have to be retumed to an Agency because of vendor preparation errors will result In a
delay In the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the
Department
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this Individual
Include acting as an advocate for Agencles who 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.
23.00 Public Entity Crime: 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 submit a bid on a contract with a public entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to a public entity, may not be awarded or perfomlwork as a contractor,
supplier, subeontractor, or consultant under a contract with any public entity, and may not transact business with any
public entity in ~xcess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list
24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit
a bid on a contract to provide any goods or services to a public entity, may not Sl!bmlt a bid on a contract with a public
entity for the construction or repair of a public building or public wOrk, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work 8.S a contractor, supplier, subcontractor, or consuftant under a contract
with any public entity, and may not transact business with any public entity.
~
P\JtIl.lCTRANSl'ClRTATlON
0Ml6
Page i4 of 14
Financial Project No. 42181619401
Contract No.
Agreement Date
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written.
AGENCY
FOOT
City of Oelray Beach
AGENCY NAME
See attached Encumbrance Form for date of Funding
Approval by Comptroller
SIGNATORY (PRINTEOOR TYPED)
LEGAL REVIEW
DEPARTMENT OF TRANSPORTATION
. SIGNATURE
DEPARTMENT OFTRAN~ATlON
District Director of Transportation Development
TITLE
TITLE
F.M: NO. 421816-1-94-01
CONTRACT NO.
EXHIBIT "AIt
PROJECT DESCRIPTION AND RESPONSIBIUTIES
This e.";{hibit forms an integral part of that certain Joint Participation Agreement between the
State of Florida, Department of Transportation and City of Delray Beach dated
PROJECT LOCATION:
Palm Beach County, Florida
PROJECf DESCRIPTION:
The purpose of this Agreement is to provide Intetmodal funding to the City of Delray Beach for
sidewalk construction along Old Germantown Road. between Linton Boulevard and Homewood
Boulevard. These newly constructed sidewalks will connect residential communities to existing transit
stops on Old Germantown Road.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project
assisrnnce that will reflect the Department's contract nwnber, Financial Prpject Number and the
Federal Identification number, where applicable, and the amount of state funding action (receipt and
disbursement of funds) and any federal or local funding action and the funding action from any other
source with respect to the project.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
The Department has 10 working days to review invoices after receipt of invoice package and
corresponding progress report.
PM NO. 421816-1-94-01
CONTRACT NO.
AGREEMENTDA'IE
EXHIBIT "B"
PROJECf BUDGET
This exhibit forms an integral part of that certain Joint Participation Agreement between
the State of Florida,. Department of Transportation and City of Delray Beach. dated
1. TOTAL PROJECT COST: S 220,000.00
II. PARTICIPATION:
Agency Participation
In-Kind (0 %) $
Cash (50%) or $ 110,000.00
Other (0 %) $
M3ximum D~ent Patticiparion** .
Primary
(DS)(DL)(DDR) (DIM)(pOR1)(SIS)(GMR) (50010) or $ 110tOOO.OO
Federal Reimbursable (DU)(CM)(DFTA) ( %) or $
Local Reimbursable (DL) ( %) or $
. TOTAL PROJECT COST:
$ 220tOOO.OO
FM NO. 421816-1-94-01
CONTRACT NO.
EXHIBIT "Clt
This exhibit forms an integral part of that certain Joint Participation Agreement beN/een the
State of Florida., Department of Transportation and City of Delray Beach. dated:
Reference statues as applicable. Chapter 341
DOClTMENTS. REQUIRED TO BE SUBMITIED TO THE DEPARTMENT BY THE
AGENCY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT:
1. All proposals, plans, specifications, and 3m party conttacts covering the project for
Department3l approval.
2. Copies of all correspondence related to this project
3. Audit Repom as described in Section 7.60 of this JPA.
4. Qusrter{v Pragress Reports provided within thirtY (3Q) dlfYS D/the end o/the
qusrter.
5. Three (3) original Invoice Summaries and backup information must be submitted to the
District Office when requesting payment
Fin. Proj. No.: 4218161-94-01
Contract No.:
Agreement Date:
EXHIBIT D
PROJECT AUDIT REQUIREMENTS
The administration of resources awarded by the Department to the City of Delray Beach may be subject to audits and/or
monitoring by the Department, as described in this section.
MONlTOlQ,NG
In addition to reviews of andits condoctcd in aa:ordance with OMB CircuJar A-l33 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-I33, 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 Depa:rDuent.. In the event the Department ~~ that a limited scope audit of the recipient is
appropriate, the recipient agr=s to comply with any additional instructions provided by the Department staff to City of
Delray Beach regarding such audit The City ofDelmy Beach further agrees to comply and cooperate with any inspections,
reviews, investigations, or audits deemed necessary by the FOOT's OfficeofInspector General (OIG) and Florida's Chief
Financial Officer (CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FDNDED
Recipients of federal funds (ie. state, local government, or non-profit organizations as defined in OMB Circular A-I33, as
revised) are to have audits done annually using the following criteria:
l. In the event that the Iecipiem expends $500,000 or more in Federal awards in its fiscal year, the recipient must
have a single or p.rognun:-speci audit conducted in accordance with the provisions ofOMa Circular A-I33, as
revised. EXHIBIT 1 to this agreement iDdicates Federal resources awarded through the Department by this
agreement. In detennining 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 provisioos OMB
CircoJar A-I3l. as n:vised. 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-B3, as revised.
3. Jftbe recipient: expends less than 1500.000 in Federal awards in its fiscal year, an audit conducted in accon:1ance
with the provisions ofOMB Circular A-133. as revised. is not required HoWever, if the recipient elects to have an
audit conducted in accordance with the provisions ofOMB 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. Fedeta1 awards are to be identified using the Catalog ofFedernl D<mIeslic Assistance (CFDA) title and number,
award namber and year, and name of tile awardingfedera1 agency.
Joint. ParticiMtion Aereement (JP A ) Exhibit D
Fin..Proj. No.: 421816-1-94-01
Contract No.:
Agreement Date:
PART n: STATE FUNDEn
Recipients of state funds (.I.e. a nonstate entity as defined b~' Section 21S.97(2){1), Florida Statutes) are to have audits do.ae
annually using the following criteria:
1. In the event that the recipient expends 8 total amount of state financial assistance equal to or in excess of $500,000
in any fiscal year, the recipient must have a State single or project-specific audit for such:fiscal year in accordance
WitJl Section 215.97, Florida Statutes; applicable roles of the Department ofFinan.cial SM'ices and the CPO; and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the
Department by this agreement. In detennlniug the state financial assistance expended in its fiscal year, tbe
recipient shall consider all sources of state financial assistance, including state financial assistance received from
the Department, other state agencies, and other nonstate entities. State financial assistance does not include
Federal direct or pass-through 8'wards and resources received by a llonstate entity fOf Federal program matching
requirements.
2. In connection with the audit n:quiremeots addressed in Part IT, paragraph I, the recipient sba1l ensure that the audit
complies with the tequi1edJe1lt8 of Section 215.97(7), Florida Statutes. This itICJudes submission of a :tinancial
reporting package as defined by Section 215.97(2)(d), Florida Statutes. and Chapters 10.5.50 (local governmental
entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the recipient expends less than $500,000 'in state:financial assistance in its fiscal year. an audit conducted in
aa:ordance with the provisions of Section 215.97, Florida Statutes, is not n:quired. However, if the recipient
elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of
tbeaudit must be paidftom the nonstate entity's J:eSOIJItes' (ie., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. State awards are to be identified using the amuog of State Financial Assistance (CSFA) title and number. award
number and year, and name of the state agency awarding it.
PART DI: OTIIItRAUDIT KEQUJH:EMENTS
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 ClllTent status of the audit findings is required. Cmrent
year audit findings require corrective action and status of findings.
Records related to umesolved audit fi1'llltt1fJ', appeals, or litigation sball be retained until the action is completed or
the dispute is resolved Access to project. records and audit worlc papers sball' be given to the FOOT, the
Department of FmanciaI 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.
Joint. Particioation A2TOOTlteRt (JP A \ Exhibit D
Fin. Proj. No.: 421816-1-94"()1
Contract No.:
Agreement Date:
PART W: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-l33, 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
Office of Modal Development
3400 West Commercial Boulevard
Fort Lauderdale, Florida 33309-3421
B. The Fedem1 Audit Oearingbouse designated in OMB Ciroula:r A-l33, as revised (the nmnber of copies
:required by Sections .320 (d)(l) and (2), OMB Circular A-l33, as revised, should be submitted to the Federal
Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East loth Street
Jeffersonville. IN 47132
C. Other Federal agencies and pass-tbrough entities in accordance with Sections .320 (e) and (t), OMB Circular
A-l33, 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 CircuIar.A-133, as revised. the recipient.sbal1 submit the required written
notification pl1ll>lRUl1 to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of
Federal awards ~ to each of the following: .
Florida Department of Transportation
Off'kle of Modal Development
3400 West Comme.rcial Boulevard
Fort Lauderdale, Florida 33309-3421
In addition, pursuant to Section .320 (t), 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
0fIke of Modal DeYdopment
3400 West Commercial Boulevard
Fort Lauderdale, Florida 33309-3421
Joint Particination A2r'eemeIlt (JP A ) Exlnbit D
Fin. Proj. No.: 421816-1-94"()1
ContraCt No.:
Agreement Dale:
3. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf
of the recipient ~ to each of the follO'Wing:
A. The Department at each of the following addresses:
Florida Department of Transportation
Office of Modal Development
3400 West Commercial Boulevard
Fort Lauderdale, Florida 33309-3421
B. The Auditor Gencnl's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West MadisOn Street
TSJ11~~j;lsee, Florida 32399-1450
4. Copies of reports or the management letter required by PART ill of this agreement shall be submitted by or on
behalf of the recipient ~ to:
A. The Department at each of the:fol1owing addresses:
Florida Depar1meot ofTI3lISpOl1ation
Office of Modal Development
3400 West Commercial Boulevard
Fort Lauderdale, Florida 33309-3421
5. Any reports. management Jetter, or other iDfurmation required to be. submitted to the Department pursuant to this
agreement shall be submitted timely in accordance with OMB Circular A-I33, Florida Statutes, and Chapters
10.550 (local govemmeotal 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 CircoJar A-I33 or Cbapters 10.550 (local govemmentaI entities) or 10.650 (nooprofit and for-profit
otganizations), Rules of the Auditor Gmeral, should indicate the date that the reporting package was delivered to
the recipient in correspondence accompanying the reporting package.
PART V: RECORD RETENTION
1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a
period of at IC:1St five yeatS from the date the audit report is issued, and sball allow the Department, or its designee,
CFO. or Auditor Geneml access to such records uponrequest. The recipient shall ensure that audit working papers
are made available to the Department, or its designee, CPO, or Auditor GeneIal 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
Joint Parlicinaticm Aszreement (JP A) Exhibit 0
Fin. Proj. No.: 421816-1-94-01__
Contract No.:
Agreement Date:
EXHIBIT -B1
STATE RESOURCES
State Ag'encv CatalOg of State Financial Assistance
FOOT 55014
Amount
$110,000.00
FMNo.
42181619401
5$.014 Intennodal Development Promm ~ Compliance ReQuirements
I, To provide for major capital investments in fixed-guideway transportation systems, access to seaports, airports, and
otber tnmsportation terminals, providing for the construction of intermoda1 or :muItimodal terminals; and to otherwise
1hcilitate the intermodal or nmltimodal movement of people and goods.
Activities Allowed:
The department is authorized to fund projects within the IntennodaI Development Program. which are consistent. to the
rnmdmum extent feasIble, with approved local gove:rnmeot comprehensive plans of the units of local government in which
the project is located. Projects that are eligible for fimding nnde:r this program include major capital investments in public
rail and fixed-guideway transportation facilities and systems which provide intermodal access; road, rail, intercity bus
seIVice, or fixed-guideway access to, from, ot between seaports, ailports, and other transportation terminals; construction of
intetmodal or muItimodal terminals; development and consl:l1Jction of dedicaied bus lanes; and projects which otherwise
facilitate the intennodal or m.uItinwdaI movement of people and goods.
(Section 341.053(6), Florida Statutes)
Matchi"g requirements are as follows:
(a) The department may fimd up to SO percent of the 11OJIfedera1 share of the costs, not to exceed the local share, of any
eligible public tnmsit capital project or commuter assistance project that is local In scope; except, however, that
departmental participation in the final design, right-of-way acquisition, and construction phases of an individual fixed-
guideway project which is not approved for federal funding sba.U not exceed an amount equal to 12.5 percent of the total
cost of each phase.
(b) The department is authorized to fund up to 100 percent of the cost of any eligible transit capital project, intercity bus .
service project, or commuter assistance project that is statewide in scope or involves more than one county where no other
govemmen1al enti1y or appIopriate jurisdi<:tion exists.
Joint Partlcination Aereement (JP A) Exlrihit D
(c) The department is authorized to advance up to 80 percent of the capital cost of any eligible project that will assist
Florida's transit systems and intercity bus services in becoming fiscally self-sufficient. Such advances sba11 be reimbursed
to the department on an appropriate schedule DOt to exceed 5 years after the date of provision of the advances.
(d) The department is authorized to fund up to 100 percent of the capital and net opemting costs of statewide transit service
development projects or transit corridor projects. All transit service development projects shall be specifically identified by
way of a departmental appropriationrequest'. and transit corridor projects shall be identified as part of the planned
improvements on each transportation conidor designated by the department. The project objectives, the assigned
operational and financial responsibilities, the timeframe required to develop the required service, and the criteria by which
the success of the project will be judged shall be documented by the department for each such transit sern.ce development
project or transit corridor project.
(e) The department is authorized to fund up to 50 percent of the capital and net operating costs of transit service
development projects that are local in scope and that will improve system efficiencies, ridersbip, or revenues, All such
projects shall be identified in the appropriation request of the department through a specific program of projects, as
provided for in s. 341.041, that is selectively applied in the following functional areas and is subject ro the specified times
of duration:
1. Improving system operations, including; but not limited to, realigJring route structores, increasing system avemge speed,
decreasing deadhead mileage, ~11g area coverage, and improving schednte adherence. for a period ofup to 3 years;
2. Improving system maintenance procedures, including, but not limited to, etfective preventive maintenance programs,
. improved mechanics training programs, decreasing service repair calls, decreasing parts inventory requirements, and
decreasing eqoipme.ot downtime, for a period of up to 3 years;
3. Improving marketing and consumer information programs, including, but not limited to, automated information services,
organized advertising and promotion programs, and signing of designated stops, for a period of up to 2 ye8.rs; and
4. Improving technology involved in overall oper8lions, i1tcbvling, but not 1ilnited to, transit equipment, fare collection
techniques, electronic data processing applications, and bus locators, for a period of up to 2 years.
Joint Psu1icination A21'eement (IP A) Exhibit. D
(f) The department may fund up to 100 percent orthe federal-aid apportionment for intercity bus service.
Por purposes of this section, the term "net operating costs" means an operating
(Section 341.051(5), Florida Statutes)
NOTE: Section .400{d) of OMB Cimdar A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that
tbe information about Federal Programs and State Projects ineluclecl in Exhibit B-1 be provided to tbe recipient.
Joint Particination Aereement (JP A) Exhibit D
Date:
13 Mar 2007
AGENDA ITEM NUMBER: ~.,]
AGENDA REQUEST
Request to be placed on:
--X.Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When:
20 Mar 2007
Description of Agenda Item (who, w~at;..where, ~~w-,uch):
~ =- )~~ ~~ef!cV;1~;1 " ~
Request for Commission af3P I1thol'izationJ'er Ma)t6r to execute a Joint
Participation Agreement (JP A) with Florida Department of Transportation for the
installation of sidewalks along the north side of Old Germantown Road. The JPA will
reimburse the City up to $110,000.00 towards the construction of the sidewalks.
Staff Recommendation: cr~ 4t2.
Department Head Signature. ..
3-/3-01
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials:
Account Number
Description
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda: ~ / No Initials:-a4-
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmin \Projects\2006\2006-066\OFFICIAL \2007 -03-20 agenda request. doc
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM If ~. C. - REGUl.&\!, MEETING OF MARCH 20, 2007
SERVICE AUTHORIZATION NO. to/MATHEWS CONSULTING, INC.
SUBJECT:
DATE:
MARCH 15, 2007
This is before the City Commission to approve Service Authorization No. 10 to Mathews Consulting,
Inc. in the amount of $39,320.00 for professional services for updating the computerized hydraulic
model of the water distribution system. The model will aid staff in maintaining minimwn chlorine
residuals throughout the system as well as addressing areas for expansion.
Funding is available from 441-5181-536-31.90 (Water/Sewer Fund/Other Professional Services).
Staff recommends approval of Service Authorization No. 10 to Mathews Consulting, Inc. in the
amount of $39,320.00 for the Water Model Update Project.
S:\City Oerk\AGENDA COVER MEMOS\AGENDA COVER MEMOS\Service Authorization Agenda Memos\ServiceAuth.#tOMathews Consulting Inc.03.20.07.doc
City Of Delray Beach
Department of Environmental Services
M
E
M
o
R
A
N
D
u
M
TO:
David T. Harden
City Manager
VictorM~ten~ ~
Deputy Director of Public Utilities
www.mvdelravbeach.com
FROM:
SUBJECT:
WATER MODEL UPDATE, (PIN 2007-031)
Service Authorization #10 to Mathews Consulting, Inc.
DATE:
March 14, 2007
Attached is Service Authorization #10 to Mathews Consulting, Inc. for professional services relating to the
Water Model Update proj ect, PIN 2007-031. Service Authorization # 10 is for updating the computerized
hydraulic model of the water distribution system. The model will aid staff in maintaining minimum
chlorine residuals throughout the system as well as addressing areas for expansion.
Scope of services will include the following tasks: Task 1 - updating the components and spatial
relationships of the existing model (cost of $12,272), Task 2 - to develop and incorporate water demand
data based on latest records ($17,300), Task 3 - incorporate the latest chlorine residual data into the model
($4,536), Task 4 - provide a summary of results and final technical memorandums ($2,896), Task 5 -
provide training to City personnel for utilizing the model ($2,016), and reimbursable expenses of $300.
The total cost for Service Authorization #10 is $39,320.00.
Staff recommends approval of Service Authorization #10 to Mathews Consulting, Inc. in the amount of
$39,320.00 for the Water Model Update project.
Funding is available from Account #441-5181-536-31.90, Water and Sewer Fundi Other Professional
Services.
cc: Richard c. Hasko, P.E.; Director of Environmental Services
Juan Manzano; Environmental Compliance Manager
John Bullard, Manager of Water Treatment Plant
Project File 2007-031
S:\EngAdmin\Projects\2007\2007-031\OFFICIAL\Agnda Memo to SA #10 MC 03.20.07.doc
CITY OF DELRA Y BEACH
CONSUL TING SERVICE AUTHORIZATION
DATE:
SERVICE AUTHORIZATION NO.
10
FOR CONSULTING SERVICES
CITY P.O. NO.
CITY EXPENSE CODE:
CITY PROJECT NO.
MATHEWS CONSULT. PROJECT NO. 1400
TITLE:
Water Model Update (2007)
This Service Authorization, when executed, shall be incorporated in and shall become an integral
part of the Contract.
TITLE: Agreement for General Consulting Engineering Services
I. PROJECT DESCRIPTION
The project consists of providing engineering services related to updating the City's
computerized hydraulic model of the water distribution system. Specifically, the
Consultant shall: (1) update the components (pipeline and node layouts) of the existing
model to incorporate water main projects constructed in the last 2 years, (2) develop and
incorporate the latest water demand data based on recent water billing/consumption data,
(3) incorporate the latest chlorine residual data into the extended period simulations, and
(4) provide training to City staff regarding use and upkeep of the model.
II. SCOPE OF SERVICES
Phase I - Study and Report Phase
Consultant shall provide preliminary design phase services in accordance with Article
III.A of the Agreement for Engineering Services with the City, dated March 16,2004.
Task 1. Update Hydraulic Model Components
1. Consultant shall obtain the existing computer and computer software
(WaterCad) owned by the City which contains the Water Distribution
System Model and bring to Consultant's office for execution of the work
tasks. Consultant shall review existing condition of the model and shall
incorporate new water atlas DXF base. The City is currently developing a
new set of base maps through the GIS development project. City will
provide the new base as a DXF map, and Consultant will "rubber sheet"
the existing model components (pipes and nodes) to match the new DXF
SA# I OContract03/09/07 1
layout to an accuracy of "relative closeness" to the water distribution
system's actual location. It is understood that the accuracy of these
adjustments will not be of survey quality. Consultant will utilize a hard
copy of the City's latest water atlas maps for reference in the model's
spatial adjustments.
2. Consultant shall be provided legible copies of all water main project as-
builts completed in the last 2 years and will incorporate the new piping
and nodes into the model. These projects have been identified by the City
as follows:
Proiect No. Name Leol!th of WM
2003-013 Water Main Upgrades: NW 11 Ave, 2,377 Lf.
NW 25 Court, NW 25 Street, NW 24
Court and NW 24 St.
2004-035 West Atlantic Beautification, 10th 1,850 Lf.
Ave. to Ith Ave (from 6th Ave. to
Ith)
2005-040 SE 7m Ave. Proposed Watermain 100 Lf.
Upgrades
2005-042 Sandowav Lane Watermain Upgrade 317 I.f.
2003-053 SW 11th & Ith Ave/SW 3Td St 4,908 Lf.
2004-015 Highpoint West Water Connection 1,3251.f.
2003-032 NE 5111 & NE 6th Street from Palm 1,1781.f.
Trail to NE 8th Ave.
2003-037 NW/SW 5th Ave between SW 1st and 440 1.f.
NW 2nd Streets
2002-023 AlA WM 7,883 I.f.
2003-050 Country Club Acres 2,150 1.f.
2004-11 Lake Ida WM Upgrade 3,425 Lf.
Atlantic Grove 1,680 I.f.
Grand Bahamas Prof. Park 757 I.f.
Hamilton Place 426 I.f.
Mallorv Square 1,889 Lf.
Maroone Dodge 479 I.f.
Pineapple Grove Village 885 Lf.
Sable Lakes Phase 4 3,783 Lf.
Tri-Rail Delrav Beach Station 655 1.f.
Best Securities 1,024 I.f.
Delrav Outpatient Center 1,339 I.f.
San Sebastian 796 I.f.
Town Place (iiJ Delrav 390 Lf.
Washinl!ton Mutual Echion Bldg 1,4771.f.
City will also provide a list and details of any changes made to the City
water distribution system by in-house staff that may not be accurately
represented by the model (e.g. new interconnects, pipe upsizing, valve
SA# I OContract03/09/07
2
Task 2.
replacement, valve opening/closing, etc.). Consultant will incorporate
these changes into the model, as appropriate.
3.
Consultant shall review "C-factor" assumptions from original model and
make adjustments based on current age of the pipes.
Develop and Incorporate New Water Demand Data
1.
Consultant shall obtain 2-years plus 2 months of water production and
water billing data from the City. The data shall be provided in spreadsheet
format and shall include customer acct. #, customer name, customer type
(residential, commercial, etc.) customer address, property control number,
and monthly water consumption for the 26-month period. Water
production data shall include water produced at the water treatment plant
as well as any flows obtained through interconnects.
2.
Consultant shall assign each customer in the water consumption data to an
area depicted in the City's water distribution grid map. The grid map is
divided into 26-grid blocks, each with a unique numbering designation
(101-126). It is estimated that 20,000-25,000 accounts will be included in
the City's consumption data. The entries will be grouped according to
grid number, and an average daily demand for each grid will be
established. The number of nodes in each grid will be determined, and an
average day demand per grid area will be calculated. An average day
demand per node per grid will also be calculated and input into the model.
3.
Consultant shall obtain non-billed, accounted for water from the City for
the 26-month study period. Consultant shall also obtain meter reading
schedule for the City. The Consultant shall then calculate unaccounted for
water based on the following equation:
Water
Produced
Water
Billed
Accounted- for
Non-billed Water
=
Leakage or
Unaccounted
For Water
Water produced and water billed will be corrected for meter reading lag
time and meter inaccuracies. A leakage value per node will then be
calculated for input into the model.
4. Consultant shall run the model with the new data input into the model.
5. Consultant shall calibrate the model using calibration data provided by the
City. Calibration data shall consist of system pressure readings via the
DFS system at various lift station locations (approximately 20-25)
throughout the City. Calibration data shall also include DFS data for flow,
water level and pressure in the Clearwell, South Tank, North Tank,
Elevated Tank, Miller Park Tank, and Owens Baker Tank. A pre-
determined time period will be established for collecting the data (for
SA# I OContract03/09/07 3
Task 3.
Task 4.
Task 5.
SA# I OContract03/09/07
example, for a three month period, once a week). Minimum, maximum
and average readings shall be provided for each location and time interval.
The model will be calibrated using the above listed data to within ::I: 10%
of the field readings.
Incorporate the Latest Chlorine Residual Data into the Model
1.
Consultant shall incorporate the latest chlorine residual data into the model
and calibrate the water quality model extended-period simulation. The
City shall provide to Consultant the latest map showing chlorine residual
monitoring locations, as well as chlorine dosage points. The City will
provide chlorine residual readings at all of the monitoring points and
injection points. It is assumed there are approximately 7 dosage points
and 41 monitoring locations in the City's service area.
2.
Consultant will run the model with the average of all of the chlorine
residual data for each location. Chlorine bulk reaction coefficient and wall
reaction coefficients will be adjusted until the model is calibrated to within
::I: 10% of the field readings.
Summary of Results
1.
Consultant shall prepare a Technical Memorandum summanzmg the
activities performed and results obtained from Tasks 1-3. Four (4) copies
of the draft Technical Memorandum shall be provided to the City for
review. Upon receipt of comments from the City, four (4) final copies of
the Technical Memorandum shall be submitted to the City.
Provide Model Training
1.
Consultant shall provide general training to City staff on operation and use
of the WaterCad model. It is assumed up to 3 staff members will be
trained at one time. Two (2) training sessions shall be provided, each up
to 4-hours long. The first training session shall provide an overview of:
a. Primary changes between Version 7.0 and 8.0 upgrade.
b. Adding and deleting components in the model (pipes, junctions,
demands, reservoirs, etc.).
c. Changing component characteristics and global edits.
d. Running the model with various alternatives and scenanos and
interpreting the data.
e. Setting up example scenanos for peak hour flow and fire hydrant
flows.
4
2. The second training session will be held after I-month of City staff
interaction with the model. The purpose of the second training session is
to provide a refresher course and to answer specific questions of staff after
their interaction with the model.
ASSUMPTIONS
1. City will provide computer & model within 7 calendar days of NTP.
2. Scope assumes there are no changes required to the City's water storage and
distribution pumping system. Only changes to the piping layout will be incorporated
by Consultant.
3. City will provide the following data to the Consultant:
a. GIS Base map in Auto Cad v. 2005 DXF format (within 7 calendar days ofNTP).
b. Latest Water Atlas maps (hard copy).
c. As-builts for watermain projects in last 2-years as listed under Task 1.2 (within 7
calendar days ofNTP).
d. List of water distribution system changes made by City staff in last 5 years (e.g.
pipe upsizing, valve opening/closing, new interconnects, valve replacement, etc.)
(within 7 calendar days ofNTP).
e. Water production data for the 26-month study period in Microsoft Excel@ format,
including water produced at the water treatment plant and water obtained from
other sources (e.g. interconnects) (within 21 calendar days ofNTP).
f. Water consumption/billing data for the 26-month study period in Microsoft
Excel@ format, including customer acct. #, customer name, customer type
(residential, commercial, etc.) customer address, property control number, and
monthly water consumption. (within 21 calendar days ofNTP)
g. Meter calibration data for water production and water billing meters. (within 21
calendar days of NTP)
h. Meter reading schedule. (within 21 calendar days ofNTP)
1. Record of non-billed, accounted for water for the 26-month study period. (within
21 calendar days ofNTP)
J. DFS pressure readings at various lift station locations throughout the City and
DFS pressure readings, water level readings, and flow readings for the Clearwell,
South Tank, North Tank, Elevated Tank, Miller Park Tank, and Owens Baker
Tank. Minimum, maximum and average readings shall be provided for each
location and time interval. (within 30 calendar days ofNTP)
SA# I OContract03/09/07
5
k. Historical chlorine residual readings shall be provided, along with map showing
location of the monitoring points and the dosage points. (within 30 calendar days
of NTP)
4. Scope assumes the eXistmg computer hardware and software are acceptable for
continued use of the program. Upgrades to hardware or software are not included.
ADDITIONAL SERVICES
Consultant shall provide additional engineering services relating to hydraulic modeling of the
water system. These additional services may be required due to uncertainties discovered during
execution of the scope listed above.
Services performed under this task will be on as-directed basis in accordance with a written
Notice-to-Proceed from the City Manager. The Notice-to-Proceed issued shall contain the
following information and requirements.
. A detailed description of the work to be undertaken.
· A budget establishing the amount of the fee to be paid m accordance with the
Agreement.
. A time established for completion ofthe work.
III. TIME OF PERFORMANCE
The completion dates for this work will be as follows (starting at written notice-to-proceed).
Engineering Services Time per Phase Cumulative Time
Task 1 - Update Hydraulic Model 6 weeks 6 weeks
Task 2 - Incorporate New Demand Data 6 weeks 12 weeks
Task 3 - Incorporate Latest CL2 Data 4 weeks 16 weeks
Task 4 - Summary of Results 3 weeks 19 weeks
Task 5 - Model Training 5 weeks 24 weeks
SA# I OContract03/09/07
6
VI. COMPENSATION
The compensation for services provided shall be billed on an hourly basis plus reimbursable
expenses for each phase of work in accordance with Article VII, Method II, up to the following
not to exceed cost for each phase. Refer to Attachment B for budget summary.
Engineering Services
Estimated Fees
Task 1 - Update Hydraulic Model
Task 2 - Incorporate New Demand Data
Task 3 - Incorporate Latest CL2 Data
Task 4 - Summary of Results
Task 5 - Model Training
Reimbursables
TOTAL PROJECT COST
$12,272.00
$17,300.00
$ 4,536.00
$ 2,896.00
$ 2,016.00
$ 300.00
$39,320.00
SA# I OContract03/09/07
7
This Service Authorization is approved contingent upon the City's acceptance of and satisfaction
of the completion of the services rendered in the previous phase whereas encompassed by the
previous Service Authorization. If the City in its sole discretion is unsatisfied with the services
provided in the previous phase or Service Authorization, the City may terminate the contract
without incurring any further liability. The Consultant may not commence work on the Service
Authorization, approved by the City and to be included as part of the Contract between the City
and the Consultant, without a notice to proceed. This Service Authorization, upon approval,
shall become part of and be governed by the Contract between the City and Consultant dated
March 16, 2004.
Approve by:
CITY OF DELRA Y BEACH:
MATHEWS CONSULTING, INe.
Date:
Date:
Jeff Perlman, Mayor
Rene Mathews, P.E., President
Witness
Attest:
Approved as to Legal Sufficiency
and Form
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was
acknowledged before me this _day
of _, 2007 by Rene Mathews,
President of Mathews Consulting,
Inc., a Florida corporation, on behalf
of the corporation. He/She is
(personally known to me) or (has
produced identification), Florida
Driver's License
and (did! did not) take an oath.
Signature of person taking
Acknowledgement
SA# I OContract03/09/07
8
ATTACHMENT B
S.A. #10- Water Model Uptime
Budget Summary
labor Classification and Hourly Rates
Principal Senior Construction Sr. Eng. Cadd Sub-
Engineer Engineer - II Engineer I Inspector Tech Designer Clerical Total Consultant
Phase No. Task Description $126.00 $115.00 $94.00 $75.00 $85.00 $78.00 $47.00 Labor Services
Task 1 UDdate Hvdraullc MDdel ComDOflents
1.1. Obtain com outer and review condition of base model 16 8 $2,696
1.lb MRubber sheet" existina aiDes/nodes to match new DXF 32 $4,032
1.2 Insert as-built data and system chanaes 32 $4,032
1.3 Review "CM-factor assumotions 12 $1,512
Subtotal 92 0 0 0 8 0 0 $12,272
Task 2 DeveloD & Incomorate New Water Demand Data
2.1 Obtain & organize 26-months of consumption 16 20 $2,956
2.2 Assian data to arids and condense per node 32 80 $7,792
2.3 Analvze leakaae values 12 $1,512
2.4 Run model with new data 20 $2,520
2.5 Calibrate model 20 $2,520
Subtotal 100 0 0 0 0 0 100 $17,300
Task 3 Incoroorate Latest CL2 Rasldual Data Into Model
3.1 Inout lates chlorine residual data 16 $2,016
3.2 Run and calibrate extended Deriod model 20 $2,520
Subtotal 36 0 0 0 0 0 0 $4,536
Tssk 4 Summary of Results
4.1 Preoare Draft and Final Technical Memos 20 8 $2,896
Subtotal 20 0 0 0 0 0 8 $2,896
Task 5 Provide Model Tralnlna
5.1 Initial Training Session + Preparation 12 $1.512
5.2 Follow-UD Trainina 4 $504
Subtotal 16 0 0 0 0 0 0 $2,016
labor Subtotal Hours 264 0 0 0 8 0 108 $39,020 $0.00
Labor Subtotal Costs $33.264 $0 $0 $0 $680 $0 $5,076
Labor Total Costs $39,020
Subconsuhant Costs Total $0
Subconsultant Multiolier U
Subconsultant Total $0
Reimbursable EXDenses $300
Prolect Total $39,320
SA# I OContract03/09/07
9
Agenda Item No. <so (
AGENDA REQUEST
Request to be placed on:
Date March 14. 2007
--X--Regular Agenda
_Special Agenda
_Workshop Agenda
When: March 20.2007
Description of item (who, what, where, how much):
Approval of Service Authorization #10 to Mathews Consulting, Inc. in the amount of $39,320.00 for
professional services relating to the Water Model Update project, PIN 2007-031. Service Authorization
#10 is for updating the computerized hydraulic model of the water distribution system. Services include
updating the components and spatial relationships of the existing model, developing and incorporating
water demand data based on latest records, incorporating the latest chlorine residual data into the model,
providing a summary of results and final technical memorandums, and providing training to City personnel
for utilizing the latest version of the model. .
Funding is available from Account #441-5181-536-31.90, Water and Sewer FundI Other Professional
Services.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation:
Staff recommends award of Service
relating to the Water Model Update proj
Department head signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (r~e. '. on all it~ms involving expenditure of funds):
Funding available: E 0 lJh (see above)
Funding alternative If applicable): .
Account No. & Description LtlJl ~~j[sl '53~, ~/- 9 0 /~ r({1-l1.sr;l~ y./1/lLlS
Account Balance If 'i./tf; 7::>13
City Manager Review: ~
Approved for agenda: (YES/NO
Hold Until: '--
flL[A/\
\
'.
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdmin\Projects\2007\2007-031 \OFFICIAL\Agenda req SA #10 MC 03.20.07.doc
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER(71 [1
AGENDA ITEM # 15" D - REGULAR MEETING OF MARCH 20, 2007
MARLIN ENGINEERING/PROJECT #2007-010
TO:
FROM:
DATE:
MARCH 16, 2007
This is before Commission to approve an agreement with Marlin Engineering in the amount of
$20,981.94 to provide professional services for the preparation of a Quiet Zone Study for the CSX
Railroad five (5) public and four (4) private crossings of record within Delray Beach.
Funding is available from 001-2911-519-31.30 (professional Services/Engineering/Architect), after
transfer.
Recommend approval of the agreement with Marlin Engineering in the amount of $20,981.94 to
provide professional services for the preparation of a Quiet Zone Study for the CSX Railroad five
(5) public and four (4) private crossings of record within Delray Beach.
S:\City Oerk\AGENDA COVER MEMOS\AGENDA COVER MEMOS\Service Authorization Agenda Memos\ServiceAuth Marlin Engineering 03.20.07.doc
~.'<.....~- 0
c..~/ :A'
!
O~:t"
~ {"
~"'r &~~
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN DUM
TO:
David T. Harden
FROM:
Randal L. Krejcarek, P .E.
DATE:
20 Nov 2006
RE:
CSX Quiet Zones
Service Authorization with Marlin Engineering
Project #2007-010
The attached agenda request is for Commission authorization/approval for Mayor to
execute agreement with Marlin Engineering to provide professional services for the
preparation of a Quiet Zone Study for the CSX Railroad. This study will include nine (9)
crossings identified in the Federal Railroad Administration (FRA) database, five (5)
public and four (4) private. Linton Blvd, SW 10th Street, W Atlantic Ave, Lake Ida Road
and the pedestrian crossing at Lake Ida Road are the five public crossings listed by
FRA.
One requirement of implementing a Quiet Zone is that all FRA identified crossings
within one-half mile of the crossing to be silenced need to be included in the study.
Since the four private crossing are currently in the FRA database they need to be
included. The consultant will research these crossing and if appropriate, will ask FRA
to remove the private crossing from the database.
Marlin Engineering does not have a continuing agreement with the City but was
selected to perform the analysis because they are familiar with the relatively new
process for implementing Quiet Zones. They have successfully completed a similar
study in Boca Raton which resulted in Quiet Zones along the CSX in Boca Raton.
Aerial maps are attached to show the location of all nine crossings.
The cost for this study is $20,981.94.
Funding is available from 001-2911-519-31.30 after transfer.
Please place this item on the 20 Mar 2007 Commission agenda.
Thanks!
Ene
Ce Richard C. Hasko, P.E.
File
STANDARD FORM OF AGREEMENT
BETWEEN CITY AND VENDOR
THIS AGREEMENT made this
day of
, 20_, by and
between the CITY OF DELRA Y BEACH (hereinafter called CITY) and
(hereinafter called VENDOR).
WITNESSETH:
The CITY and the VENDOR in consideration of the mutual covenants hereinafter
set forth, agree as follows:
1. The undersigned VENDOR hereby represents that he has carefully
examined all documents attached hereto, and will perform all requirements, pursuant to
all covenants and conditions, as provided by this Agreement and any attachments.
2. The VENDOR, as evidenced by the execution of this Agreement,
acknowledges that it has examined all specifications and requirements of this
agreement. The VENDOR further acknowledges that the agreement price includes all
costs and expenses required for the satisfactory completion of all requirements provided
by this Agreement.
3. The Agreement between the CITY and the VENDOR include the following
documents which are attached hereto and incorporated herein by reference of the
following:
AGREEMENT DOCUMENT (S)
Standard Form of Agreement
Corporate Acknowledgment
Certificate
Service Authorization (Scope, Schedule & Pricing)
PAGE NUMBERS
1-4
5
6
7 - 11
K:IP/anningICity of De/ray Beach (2007)\Agreementlstd agmt1.doc
4. The term of this Agreement shall commence on the date written above
and the work provided herein shall be completed by 15 July 2001
5. This Agreement shall be governed by the laws of the State of Florida as
now and hereafter in force. The venue for actions arising out of this agreement shall be
Palm Beach County, Florida.
6. All notices, requests, demands, and other given if personally delivered or
mailed, certified mail, return receipt requested, to the following addresses:
As to City:
City of Delray Beach, FL
100 NW 1 st Avenue
Delray Beach, FL 33444
ATTN: Randal L. Krejcarek, P.E.
As to VENDOR:
ATTN:
7. The VENDOR shall not, without prior written consent of the CITY, assign
any portion of its interest under this Agreement and, specifically, the VENDOR shall not
assign any moneys due or to become due without the prior written consent of the CITY.
8. The CITY and the VENDOR each binds itself, its partners, successors,
assigns and legal representatives to the other party hereto in respect to all convenants,
conditions and obligations contained in the Agreement.
9. In consideration of ten dollars ($10.00) and other valuable consideration,
the VENDOR shall defend, indemnify and save harmless the CITY, its officers, agents
and employees, from or on account of any liabilities, damages, losses and costs
received or sustained by any person or persons by or in consequence of any negligence
(excluding the sole negligence of the CITY), recklessness or intentional wrongful
K:\PlanninglCity of De/ray Beach (2007)\Agreementlstd agmt1.doc
2
misconduct of the VENDOR and any persons employed or utilized by the VENDOR in
the performance of this Agreement. VENDOR agrees that negligent, reckless or
intentional wrongful misconduct includes, but is not limited to, use of any improper
materials or liabilities, damages, losses or costs caused by or on account of the use of
any improper materials. VENDOR agrees that negligent, reckless or intentional wrongful
misconduct also includes but is not limited to the violation of any Federal, State, County
or City laws, by-laws, ordinances or regulations by the VENDOR, its agents, servants or
employees. VENDOR further agrees to defend, indemnify and save harmless the CITY
from all such claims and fees, and from any and all suits and actions of every name and
description that may be brought against the CITY on account of any claims, fees,
royalties, or costs for any invention or patent, and from any and all suits and actions that
may be brought against the CITY for the infringement of any and all patents or patent
rights claimed by any person, firm, or corporation.
The indemnification provided above shall obligate the VENDOR to defend at its
own expense or to provide for such defense, at the CITY'S option, for any and all claims
or liability and all suits and actions of every name and description that may be brought
against the CITY which may result from the operations and activities under this
Agreement performed by the VENDOR, its agents or employees. This indemnification
includes all costs and fees including attorney's fees and costs at trial and appellate
levels.
The CITY will pay to the VENDOR the specific consideration of ten dollars and
other good and valuable consideration as specific consideration for the indemnification
K:\P/anningICity of De/ray Beach (2007)\Agreementlstd agmt1.doc
3
provided herein. Furthermore, the VENDOR acknowledges that the agreement price
includes said consideration for the indemnification provision.
10. This Agreement shall be considered null and void unless signed by both
the VENDOR and the CITY.
11. This Agreement and the documents attached hereto and listed above
constitute the entire agreement between the CITY and the VENDOR and may only be
altered, amended or repealed by a duly executed written instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the
day and year first above written.
CITY OF DELRA Y BEACH, FLORIDA
By:
ATTEST:
City Clerk
David T. Harden
City Manager
Approved as to form:
City Attorney
WITNESSES:
VENDOR:
By:
(please type or print name)
(please type or print name)
(please type or print name)
K:\PfanninglCity of Defray Beach (2007)\Agreementlstd agmt1.doc
4
CORPORATE ACKNOWLEDGMENT
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
day of
,20_, by
(name of officer
or agent, title of officer or agent), of
(state or
place of incorporation) corporation, on behalf of the corporation.
He/She is (personally known to me) (or has produced identification) and has used
his/her
(type of identification) as
identification.
Signature of Person Taking
Acknowledgment
Name of Acknowledger Typed,
Printed or Stamped
K:IP/anningICity of De/ray Beach (2007)\Agreementlstd agmt1.doc
5
CERTIFICATE
(If Corporation)
STATE OF FLORIDA
)
) SS
)
)
COUNTY OF
I HEREBY CERTIFY that a meeting of the Board of Directors of
, a corporation under the laws of the State of
held on
resolution was duly passed and adopted:
,20_, the following
"RESOL VEO", that , as
President of the corporation, he/she is hereby authorized to execute the
Agreement dated , 20_, between the City of Delray
Beach, Florida and this corporation, and that his execution thereof, attested by
the Secretary of the Corporation and with corporate seal affixed, shall be the
official act and deed of this corporation".
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of the corporation this
day of
,20_.
(Secretary)
(Seal)
K:\PlanningICity of Defray Beach (2007)\Agreementlstd agmt1.doc
6
CONSULTING SERVICES AUTHORIZATION
DATE:
SERVICE AUTHORIZATION NO. :
CITY P.O. NO.
CITY EXPENSE CODE
TITLE: CSX Quiet Zone Study
This Service Authorization shall be incorporated in and shall become an integral part of
the contract.
FOR CONSULTING SERVICES
Project #: 2007 -010
Title: CSX Quiet Zone Study
I. PROJECT DESCRIPTION:
(Describe in detail the project in this space.)
Marlin Engineering Inc. (the Consultant) shall provide professional engineering services for the
preparation of a Quiet Zone Study for the CSX Railroad's nine (9) crossings listed below per
Federal Rail Administration (FRA) records and located within the limits of the City of Delray
Beach.
The study area for the quiet zone is defined by the following nine (9) CSX crossings:
Five (5) public railroad crossings each identified by location, CSX 10 number and mile post
(M.P.):
. lake Ida Road Pedestrian Crossing (643820Y) (M.P. 986.910)
. lake Ida Road (628154Y) (M.P. 986.930)
. West Atlantic Avenue (628155F) (M.P. 987.650)
. SW 10lh Street/Lowson Boulevard (628159H) (M.P. 988.620)
. Linton Boulevard (628160C) (M.P. 989.120) and
Four (4) private railroad crossings each identified by FRA description, CSX ID number and
mile post (M.P.):
. Private road (628156M) (0987.50)
. Private Into SCL (628157U) (0987.54)
. Private Behind SC (628158B) (0987.60)
. Private Power LC K (628161J) (0989.32)
II. SCOPE OF SERVICES:
(Describe in detail the scope of services to be provided. List each task and what will be
completed under that task. Budget below should correspond to each task listed here. Scope
also needs to include a time frame for completions of work.)
1.0 Preliminary Data:
K:IP/anningICity of De/ray Beach (2007)\Agreementlstd agmt1.doc
7
Meetings with FOOT: The consultant should participate in two meetings: The kick-off and
one informational meeting (both meetings should be attended by a City representative). If
additional meetings or services are needed, the Consultant will charge an hourly fee for
additional work.
Crossing Data Collection: The Consultant will obtain all available relevant information for
the quiet zone study, from the City, Florida Department of Transportation (FOOT), Federal
Rail Administration (FRA), the railroad operating agency (CSX), on inventory, accident
history and risk analysis.
The preliminary data collection will include documentation from FRA, FOOT and CSX for
each crossing, as follow:
. U.S. DOT - Crossing Inventory Information
. U.S. DOT - Highway Rail Grade Crossing Accident/Incident Report (train/vehicle
accidents)
. U.S. DOT - WBAPS Accident Prediction Reports for Public at-Grade Highway-Rail
Crossings
. FOOT - Field Diagnostic Review Report
. CSX - U.S. DOT- Crossing Inventory Form (Update After Diagnostic Review)
Traffic Data: The City will provide current information on daily vehicle traffic volumes and
school buses at each crossing. The collected data will be tabulated, reviewed and analyzed
to determine the need for any additional data. Existing functional classification of crossing
roadways will be investigated.
Additional Data: If available information is not sufficient and additional traffic counts or/and
engineering data should be collected by the Consultant, additional hourly fee will be applied.
2.0 Field Inventory and Diagnostic Review:
The Consultant will perform three field visits (Site Assessment, Field Crossing Inventory and
Field Diagnostic Review) to complete the evaluation of the existing railroad crossing
equipment and operation conditions for obtaining a quiet zone:
Site Assessment: The Consultant will perform a preliminary field visit for assessment of
crossing locations within the proposed quiet zone limits, including observations of road
operation at each crossing. (Team: Marlin staff)
Field Crossing Inventory: The Consultant will provide a field crew to perform inventory of
each crossing, picture documentation and sketches to document the existing railroad
crossing equipment and operation conditions for obtaining a quiet zone. (Team: Martin crew)
Field Diagnostic Review: A Field Diagnostic Review will be conducted to identify deficiencies
and recommend improvements to upgrade crossings for quiet zone implementation. A
current Florida Rail Highway Crossing Inventory (RHCI) form obtained from the FOOT
District Rail Office will be used for Diagnostic Reviews on state roads. A current form
obtained from FRA will be used for Diagnostic Reviews on private roads. The Consultant will
coordinate with FOOT Rail office the Diagnostic Review field activities. Activities within these
tasks involve identification of existing physical and operational characteristics of the railroad
crossing and recommendation of safety improvements. The collected information will include
K:IP/anningICity of De/ray Beach (2007)\Agreementlstd agmt1.doc
8
all data necessary to perform an adequate evaluation of the current inventory and
equipment condition to obtain a quiet zone.
All information related to quiet zone requirements, will be classified and analyzed to provide
appropriate recommended improvements to upgrade crossings, to compliance for quiet
zone. All existing data will be analyzed to determine the need for additional data collection.
The Consultant will review and analyze traffic volumes and related data needed for the
evaluation of the study crossings. (Team: Marlin, FOOT, CSX, City, Palm Beach County,
Law Enforcement Official).
3.0 Engineering Analysis:
Engineering analysis of all data collected, including information obtained from site visits and
field observations will be performed to determine railroad crossing deficiencies related to
quiet zone requirements. These deficiencies will be reviewed and assessed. The analysis
will follow the current requirements of the FRA criteria for "Creating a New Quiet Zone"
using the "Quiet Zone Risk Index" method.
4.0 Accident Data and Risk Analysis:
Accident Review: The Consultant will obtain and review accident summaries from the FRA
records and will estimate the Nationwide Significant Risk Threshold (NSRT) using the Web
Accident Prediction System (WBAPS.)
Quiet Zone Risk Index (QZRI): The FRA Quiet Zone Calculator tool will be used to evaluate
the Risk Threshold Levels for both existing and improved railroad crossings condition.
Results of the analysis will be documented in study draft and final reports.
5.0 Development of Improvement Recommendations:
The Consultant will develop recommendations and preliminary cost estimates of
recommended improvements on Supplemental Safety Measures (SSM) to upgrade the
crossings to quiet zone requirements. Location of crossings and quiet zones will be
graphically shown on a City map.
The Consultant shall participate in two meetings with the City as follow:
1. One meeting to discuss preliminary cost estimates and
2. One meeting to discuss comments on Draft Report. .
If additional meetings are required the Consultant may charge hourly fee for additional
services.
6.0 Draft Report:
The Consultant will prepare a draft study report including field inventory, analysis of existing
conditions and requirements for quiet zone, development of concept improvements, and
recommendations. Documentation will be in report format. Any update of forms performed
by the Consultant will be documented in the report.
The report will be submitted to the City in electronic format (pdf file) only. The City will be
responsible for submitting digital or hard copies of the report to FOOT, FRA, CSX, Palm
Beach County and other appropriate agencies, as required to complete the review process.
K:\PlanningICity of De/ray Beach (2007)\Agreementlstd agmt1. doc
9
As indicated in Section 5.0, the Consultant shall attend a meeting with the City to discuss
Draft Report Comments.
7.0 Final Report:
The Consultant will incorporate review comments from the City and FOOT and will submit
the Quiet Zone Study document report for final approval. A revised final document in
electronic format (pdf file) will be submitted to the City. The City will be responsible for
submitting electronic or hard copies of the report to FOOT, FRA, CSX and other appropriate
agencies, as required to complete the process.
8.0 Meetings:
The Consultant will participate in five meetings as described in Sections 1.0, 2.0 and 5.0 of
Scope of Services. If additional meetings are required the Consultant may charge hourly fee
for additional services.
III. TIME OF PERFORMANCE
(Provide completion dates for each task listed in "Scope of Services" above.)
. Notice to Proceed (NTP) by the City.
. Tasks 1.0 Through 6.0 (Draft Report): Complete in four (4) months after NTP.
. Task 7.0 (Final Report): Complete in six (6) months after NTP.
The project schedule is estimated from the date of the authorization to proceed, providing all
pertinent information from the City and regulatory agencies is timely available to the
Consultant. The Consultant has neither jurisdiction nor control over the regulatory agencies
and their review process, therefore the Consultant shall not be liable for the delays created
by said agencies.
IV. BUDGET
The budget is based upon the tasks as described in the Proposal attached hereto.
Total Cost
$2,570.68
$4,238.6
$3,173.8
$837.83
$1,522.0
$2,655.6
$2,042.77
$3,732.68
$207.74
$20,981.94
(Add a spreadsheet at the end of this service authorization showing breakdown of above costs
by Task.)
K:IP/anningICity of De/ray Beach (2007)\Agreementlstd agmt1.doc
10
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 not commence work on any
service authorization approved by the City to be included as part of the contract without a further
notice to proceed.
K:\P/anning\City of De/ray Beach (2007)\Agreementlstd agmt1. doc
II
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Date:
11 Mar 2007
AGENDA ITEM NUMBER: ~,D
AGENDA REQUEST
Request to be placed on:
---1LConsent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When:
20 Mar 2007
Description of Agenda Item (who, what, where, how much):
Request for Commission authorization/approval for Mayor to execute agreement with
Marlin Engineering to pro~id~E!~~~~o 'h..~~~l[):~l~J~reparation of a Quiet
Zone Study for the CSX Rai-tr'oaa; . cross~t1illl1)elray Beach. The cost for
this study is $20,981.94.
A~ 7SJl
Department Head Signature: . ..
Staff Recommendation:
~-I "t- 07
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: ~ No Initials: ().i7
Account Number 00 I /2q 11-<; 19, 5 (.-- s i)
Description frISi neul1/ .1vUviti~t/a-1
Account Balance: .$ 20: q Z aj0-. A~~I
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda: "61 No Initials:
Hold Until:
~r
Agenda Coordinator Review:
Received:
S:\.EngAdmin\.Projects\.2007\.2007-010\.OFFICIAL\.2007 03 20 sa agenda item.doc
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGEW))
AGENDA ITEM # 'l. E - REGULAR MEETING OF MARCH 20, 2007
INTERLOCAL AGREEMENT/PALM BEACH COUNTY/TROMBONE
STYLE MAST ARMS/SRAlAAND EAST ATLANTIC AVENUE
TO:
SUBJECT:
DATE:
MARCH 16, 2007
This is before Commission to approve an Interlocal Agreement with Palm Beach County for
reimbursement in the amount of $46,500.00 for the installation of trombone style mast arms at the
intersection of SR AlA and East Atlantic Avenue. Palm Beach County has agreed to contribute
$46,500.00 toward the trombone mast arm installation.
Recommend approval of an Interlocal Agreement with Palm Beach County for reimbursement in the
amount of $46,500.00 for the installation of trombone style mast arms at the intersection of SR AlA
and East Atlantic Avenue.
S:\City Oerk\AGENDA COVER MEMOS\City Manager Memos\city manager's memo Interlocal Agmt Foar for trombone style mast arm signals.03.20.07.doc
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN D
U M
www.MvDelravBeaclt.com
FROM:
David T. Harden,/' /) / I!
Randal L. Krejcarek, P.E. ~
TO:
DATE:
05 Mar 2007
SUBJECT:
SR A 1 A - Linton Blvd to George Bush Blvd
Trombone Mast Arms @ E Atlantic Ave
Project Number 2002-023
The attached agenda item is for Commission approval/authorization for Mayor to execute an
agreement with Palm Beach County which will reimburse the City $46,500.00 for the installation
of trombone mast arms at the intersection of SR A1A and E Atlantic Ave. The Florida
Department of Transportation (FOOT) was planning on installing mast arms as part of their
resurface, restore and rehabilitate (RRR) project. The City requested that the mast arms at E
Atlantic Ave be trombone style to match the mast arms on E Atlantic Ave. The FOOT agreed to
install trombone mast arms if the City would pay for the additional cost the trombone style mast
arms. The City asked the County for assistance in paying for this additional cost and the
County has agreed to contribute $46,500.00 toward the trombone mast arm installation.
A map is attached for your reference.
Please place this item on the 20 Mar 2007 agenda for consideration by City Commission.
Thanks!
enc
cc: Richard C. Hasko, P.E.
City Clerk
Project File
Agenda File
S:IEngAdminIProjectsI200212002-02310FFICIAL\200703 20 agenda memo. doc
INTERLOCAL AGREEMENT
BETWEEN PALM BEACH COUNTY AND
THE CITY OF DELRAY BEACH
FOR INSTALLATION OF TROMBONE STYLE MAST ARMS
AT SR A1A AND EAST ATLANTIC AVENUE
of.
THISINTERLOCAL AGREEMENT is made and entered into this day
, by and between PALM BEACH COUNTY, a political subdivision of the
State of Florida, hereinafter referred to as "COUNTY" and THE CITY OF DELRAY
BEACH, a municipal corporation of the State of Florida hereinafter referred to as
"CITY"
WITNESSETH:
WHEREAS, the CITY is undertaking the installation of trombone style mast arms
at SR A 1A and East Atlantic Avenue within the CITY, limits hereinafter referred to as
"PROJECT"; and
WHEREAS, the PROJECT consists of upgrading the intersection by adding a
mast arm support structure for the traffic signal, by the CITY; and
WHEREAS, the COUNTY believes that the construction of the PROJECt serves
a public purpose in the enhancement of this road and wishes to support the PROJECT
by providing supplemental reimbursement funding for the documented costs of the
,
PROJECT in an amount not to exceed FORTY SIX THOUSAND FIVE HUNDRED
DOLLARS ($46,500.00); and
WHEREAS, after construction of the PROJECT, the CITY will be responsible for
the subsequent maintenance of the PROJECT.
NOW THEREFORE, in consideration of the mutual covenants, promises, and
agreements herein contained, the parties agree as follows:
1. The above recitals are true, correct and incorporated herein.
2. The COUNTY agrees to provide to the CITY reimbursement funding
for documented costs of the PROJECT in an amount not to exceed FORTY SIX
THOUSAND FIVE HUNDRED DOLLARS ($46,500.00).
3. The COUNTY agrees to reimburse the CITY the amount
established in paragraph 2 for costs associated with the PROJECT, upon the CITY's
submission of acceptable . documentation needed to substantiate its cost for the
PROJECT. The COUNTY will use its best efforts to provide said funds to the CITY on a
reimbursement basis within forty-five (45) days of receipt of all information required in
paragraph 6, below.
4. The COUNTY's obligation is limited to its payment obligation and shall
have no obligation to any other person or entity.
5. The CITY agrees to assume all responsibility for design, bidding, contract
preparation, and contract administration necessary for the PROJECT, including
payment(s) to contractor(s) pursuant to all applicable governmental laws and
regulations.
6. The CITY will obtain or provide all labor and materials necessary for the
PROJECT. The CITY shall furnish to the COUNTY's representative a request for
payment supported by the following:
A Contract Payment Request Form and a Contractual Services Purchases
Schedule Form, attached hereto and incorporated herein as Exhibit UN (pages 1 & 2),
which are required for each and every reimbursement to the CITY. Said information
shall list each invoice payable by the CITY and shall include the vendor invoice number,
invoice date, and the amount payable by the COUNTY. The CITY shall attach a copy of
each vendor invoice paid by the CITY along with a copy of the respective check and
shall make reference thereof to the applicable item listed on the Contractual Services
Purchases Schedule Form. Further, the CITY's Financial Officer shall also certify that
each invoice listed on the Contractual Services Purchases Schedule Form was paid by
the CITY as indicated.
7. As it relates to this Agreement, the COUNTY may initiate a financial
systems analysis and/or an internal fiscal control evaluation of the CITY by . an
independent auditing firm employed by the COUNTY or by the County Internal Audit
Department at any time the COUNTY deems necessary.
8. The CITY shall be solely responsible for obtaining and complying with all
necessary permits, approvals and authorizations from any federal, state, regional,
COUNTY or agency which are required for the PROJECT.
9. The PROJECT shall be completed and final invoices submitted to the
COUNTY no later than March 31, 2009, and the COUNTY shall have no obligation to
the CITY or any other entity or person for any cost incurred thereafter, unless the time
for completion is extended by modification of this Agreement.
10. Each party shall be liable for its own actions and negligence and to the
extent permitted by law, the CITY shall indemnify, defend and hold harmless the
COUNTY against any actions, claims or damages arising out of the CITY's negligence
2
in connection with this Agreement or the performance by the CITY as it may relate to
this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign
immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the
same be construed to constitute agreement by either party to indemnify the other party
for such other party's negligence, willful or intentional acts or omissions or for any
amount over the limits set forth in FL Statute 768.28 despite any case law to the
contrary.
11. Without waiving the right to sovereign immunity as provided by s.768.28
f.s., the CITY acknowledges to be self-insured for General Liability and Automobile
Liability under Florida sovereign immunity statutes with coverage limits of $100,000 Per
Person and $200,000 Per Occurrence; or such monetary waiver limits that may change
and be set forth by the legislature.
In the event the CITY maintains third-party Commercial General Liability and Business
Auto Liability in lieu of exclusive reliance of self-insurance under s.768.28 f.s., the CITY
shall agree to maintain said insurance policies at limits not less than $500,000
combined single limit for bodily injury or property damage.
The CITY agrees to maintain or to be self-insured for Worker's Compensation &
Employer's Liability insurance in accordance with Florida Statute 440.
When requested, the CITY shall agree to provide an affidavit or Certificate of Insurance
evidencing insurance, self-insurance, and/or sovereign immunity status, which
COUNTY agrees to recognize as acceptable for the above mentioned coverages.
Compliance with the foregoing requirements shall not relieve the CITY of its liability and
obligations under this Interlocal Agreement.
12. As provided in F.S. 287.132-133, by entering into this Agreement or
performing any work in furtherance hereof, the CITY certifies that its affiliates, suppliers,
sub-contractors, and consultants who perform work hereunder, have not been placed
on. the convicted vendor list maintained by the State of Florida Department of
Management Services within 36 months immediately preceding the date hereof. This
notice is required by F.S. 287.133(3)(a).
13. The CITY shall require each contractor engaged by the CITY for work
associated with this Agreement to maintain:
Workers' Compensation coverage in accordance with Florida Statutes, and;
3
a. Commercial General Liability coverage, including vehicle coverage, in
combined single limits of not less than ONE MILLION DOLLARS
($1,000,000.00). The COUNTY shall be included in the coverage as an
additional insured.
b. A payment and performance bond for the total amount of the
IMPROVEMENT in accordance with Florida Statute 255.05.
14. In the event of termination, the CITY shall not be relieved of liability to the
COUNTY for damages sustained by the COUNTY by virtue of any breach of the
Agreement by the CITY; and the COUNTY may withhold any payment to the CITY for
the purpose of set-off until such time as the exact amount of damages due the
COUNTY is determined.
15. The CITY's termination of this Agreement shall result in all Obligations of
the COUNTY for (unding contemplated herein to be cancelled.
16. The COUNTY and CITY agree that no person shall, on the grounds of
race, color, national origin, sexual orientation, religion or creed, sex, age, or handicap
be discriminated against in performance of this Agreement.
17. In the event that any section, paragraph, sentence, clause or provision
hereof is held invalid by a court of competent jurisdiction, such holding shall not affect
the remaining portions of this Agreement and the same shall remain in full force and
effect.
18. All notices required to be given under this Agreement shall be in writing,
and deemed sufficient to each party when sent by United States Mail, postage paid, to
the following:-
AS TO THE COUNTY
Engineering and Public Works Department
Tanya N. McConnell, P.E.
Deputy County Engineer
P.O. Box 21229
West Palm Beach, Florida 33416-1229
ASTO THE CITY
City of Delray Beach
Mr. Randall Krejcarek, P.E.
Director o,f Environmental Services
100 NW First Avenue
Delray Beach, Florida 33444
4
19. This Agreement shall be construed and governed by the laws of the State
of Florida. Any legal action necessary to enforce this Agreement shall be held in Palm
Beach County. No remedy herein conferred upon any party is intended to be exclusive
of any other remedy, and each and every other remedy shall be cumulative and shall be
in addition to every other remedy given hereunder or now hereafter existing at law or in
equity or by statute or otherwise. No single or partial exercise by any party of any right,
power or remedy shall preclude any other or further exercise thereof.
20. Any costs or expenses (including reasonable attorney's fees) associated
with the enforcement of the terms and conditions of this Agreement shall be borne by
the respective parties; provided, however, that this clause pertains only to the parties to
the Agreement.
21. Except as expressly permitted herein to the contrary, no modification,
amendment, or alteration in the terms or conditions contained herein shall be effective
unless contained in a written document executed with the same formalityand equality of
dignity herewith.
22. Each party agrees to abide by all laws, orders, rules and regulations and
the CITY will comply with all applicable governmental codes during the PROJECT.
23. The COUNTY shall not be deemed to assume any liability for the
negligent or wrongful acts, or omissions of the other party (or parties). Nothing
contained herein shall be construed as a waiver, by any of the parties, of the liability
limits established in Section 768.28, Florida Statutes.
24. Each party shall promptly notify the other of any lawsuit, complaint,
or cause of action threatened or commenced against it which arises out of or relates, in
any manner, to the performance of this Agreement.
25. The parties expressly covenant and agree that in the event any of the
parties is in default of its obligations under this Agreement, the parties not in default
shall provide to the defaulting party thirty (30) days written notice before exercising any
of their rights.
26. The preparation of this Agreement has been a joint effort of the parties,
and the resulting document shall not solely as a matter of judicial constraint, be
construed more severely against one of the parties than the other.
27. This Agreement represents the entire understanding among the parties,
5
and supercedes all other negotiations, or agreements, either written or oral, relating to
this Agreement.
28. A copy of this Agreement shall be filed with the Clerk of the Circuit Court
in and for Palm Beach County, Florida.
29. This Agreement shall be effective upon execution by both parties and shall
continue in effect and be binding on the parties until the PROJECT is completed as
evidenced by the written acceptance of the COUNTY or March 31, 2009, whichever
occurs first, or terminated in accordance with Paragraphs 14 and 15.
REMAINDER OF PAGE LEFT BLANK
6
IN WITNESS WHEREOF, the parties have executed this Agreement and it is
effective on the date first above written.
CITY OF DELRA Y BEACH
By:
Mayor
ATTEST:
By:
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
City Attorney
Date:
PALMBEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
By:
Addie L. Greene, Chair
ATTEST:
SHARON R. BOCK,
CLERK & COMPTROLLER
By:
Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Assistant County Attorney
Date:
APPROVED AS TO TERMS
AND CONDITIONS
By:
Date:
7
PALM BEACH COUNTY EU.ibltJ..
ENGINEERING.& PUBUC WORKS DEPARTMENT
CONTRACT PAYMENT REQUEST
(Projeet)
Grat.-
...... Date
...., .,
BUItq hrIotl
PJU)JECl' PA~ SUMMAllY
..
Cn-~ s.mces
Coanatual ScniccI
Project CtstI
na. BIIJIq
eam.Jettn
Projeet Colts
Total
Rnject c..u
. .
Nita:iaIa, Supptia., Di:n!ct P1m:bueI
GlIIlliM.Stook
EquipmeDt. FlltIlibIrtl
TOTAL PRODCT COSTS
. .
Certification: t ~ certify that the Ihove
Weft iDcumcl for tbc work idontj1ied ail being
accompIillbcd in tbc attached propss rqMXts.
Certification: I hereby cettify that 1he doCwDeD-
tation has been maintainod .. nlCfuired to suppol1
the project expcues reported above and is ~.
able Cor audit upon rcqllC5t.
AdminiItntOrlDate
FinaDciaJ. OffieedDatc
PBC USE ONLY
County Fuadina Participation
Total Project Colt
Total project COIlS to da1e
eo.nty oblipQoD. to date
Coanty retlIUuap L%)
Coanty .fundI prevlouIy dilburscd
Cotwy i\uldI due tbi& billias
s
$
S
$
($
($
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hviewcd and Approved by;
PBC Project AdministratorlDate
111
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Date:
05 Mar 2007
AGENDA ITEM NUMBER: ~. E
AGENDA REQUEST
Request to be placed on:
-X-Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When:
20 Mar 2007
Description of Agenda Item (who, what, where, how much):
This agenda item is for Commission approval/authorization for Mavor to execute an
agreement with Palm Beach County which will reimburse the City $46.500.00 for
the installation of trombone mast arms at the intersection of SR AlA and E Atlantic
Ave.
Staff Recommendation: ~ ~
Department Head Signature:
-3-lo-o7
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials: N/A
Account Number
Description
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda:@ No Initials: zz:r-1
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmin\Projects\2002\2002-023\OFFICIAL\2007 03 20 agenda request.doc
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fA
V
ADMINISTRATIVE SERVICES
MEMORANDUM
TO:
David T. Harden, City Manager
~bert A. Barcinski, Assistant City Manager
FROM:
DATE:
March 13, 2007
SUBJECT:
Agenda Item - City Commission Meeting March 20, 2007
Approval of Special Event - Easter Sunrise Service
Action:
City Commission is requested to endorse the Easter Sunrise Service to be held on April 8, 2007,
to grant a temporary use permit per the LDR's Section 2.4.6(F) for the closure of South Ocean
Boulevard from Atlantic Avenue to Miramar from 6:00 a.m. to 7:30 a.m., grant the use of the
pavilion, authorize staff support for traffic control, barricading and EMS presence.
Back1!round:
Attached is an event permit request and letter received from Reverend William Stokes on behalf
of the Delray Beach Clergy Association along with a site plan, budget and schedule for the
service. Commission is requested to endorse the Easter Sunrise Service, to authorize the use of
the beach pavilion, closure of South Ocean Boulevard and to provide staff support as listed. The
service will start at 6:30 a.m., and end approximately at 7:30 a.m.
No staff overtime costs will be incurred. Police and EMS assistance will be provided with on-
duty personnel. Police officers with the assistance of volunteers will put up and take down the
barricades. Although a minor event, City Commission approval is needed to obtain an FDOT
permit for the closure of South Ocean Boulevard.
Recommendation:
Staff recommends approval of the event, the temporary use permit for the street closure, use of
the pavilion and to provide staff support as requested.
RAB/db
Attachment
cc: Lt. John Battiloro
Harold Bellinger
Captain Joe Milenkovic
Jim Schmitz
Lt. Tabeek
Joe Weldon
U:\wwdata\Agenda\Agenda Item Approval of Easter Sunrise Service .doc
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3.
4.
5.
6.
7.
8.
9.
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,
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City of Delray Beach
Special Event Permit
Application
PLEASE PRINT
Event Approved/Denied Date of Approval/Denial
Approved/Denied by Title
1. Event NamelTitle:fat-kY _(lk1'II";~ j..$evvlLA..--
2. Event Date(S~ An;. I . Even~ Time(s): I
~J \-"-' <i?~ 2007 ~.36-7-dO A.M.
"~
10.
Event Sponsor/Producer:
Event Contact/Coordinator:
Address: tS S .5LAJ . r
Telephone Number: ~Cellular Num
E-mail Address:
Event Description:
l'Y\ · ... 1 tuJ'j
~
{If neighborhood block party, en please skip questi 0-35 and go to
~~~ /
Sponsor Category~ (please Ch.eCk) City 0 NOn-p)OfitlCharitable trPrivate 0
Co- Sponsor- Non-Profit/Private 0 LhuY'Ol4s S.YY1~Oj~
(If Non-profit attach proof of 501.c(3), c(4), c(6), c(10) or c(19)T
E ent Location/Address: OOl"he("'
S. . .. BI'll.
~.f,t') ~ .bL~tIbA ~ bt24.. ~Atn bt:huUK\ e. Irt~G
Site plan attached:..to ~ ... M ,~~~c> ..........-- no
(Site plan required for entire event site) _ /'
Event budget attached: yes ~ no
(Required for all events)
Serving or selling alcoholic beverages: yes no V""
(If yes, copy of license and alcohol liability insurance required two (2) weeks prior
to event)
Event certificate of insurance attached: yes ~I A- 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 control/security)
12.
13.
14.
15.
yes
v
~
no
no
16.
yes
1
.,
.,
23.
24.
25,
26.
27.
28.
29.
30.
31.
32.
33.
34.
17.
no ~
Will supplement with private security: yes
(If yes, need plan attached) ~
Requesting Emergency Medical assistance: yes no
Requesting barricade assistance : yes ~p. no
Requesting trash removal/clean. up assistance: yes no
Requesting trash boxes and liners: yes no
Requesting stage use: yes no
(If yes, check type)
Large stage covered D
stage D
Requesting signage: yes
Type: Event sign (4'x4') Directional signs
Banner hanging Indicate dates required
(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
18.
19.
20.
21.
22.
y./"/
V/
V
Large stage no cover D Small stage D Half small
no ~
.~
------
V
Health Department approval: (s;ee attachecll yes /
Other vendors: l- 2 ~ G-U/Y,tf. ~yes V
T~: ~~ (of+- Iftt)+~
(If yes, tent permits and fire inspections may6e 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)
no
no
no
v---- ~
//
Will the event be gated? yes no ~~.
(Show on-site map)
Will there be fireworks or other pyrotechnics? yes no ~/
(If yes, contact Fire Marshall) v'
Will there be cooking with coml?.ressed gas? yes no _ ~
(If yes, contact Fire MarshallJ' ~
Will you be providing port-a~lets for the event? yes no
(If yes, locate on-site map. If no, indicate how you will handle res"iiOO~
needs) ~;//
Will there be a charge for the event? yes no .
(If yes, indicate ticket prices)
Is reserved parking requested? yes no
(If yes, indicate locations)
2
"\
.
io~
35. Nei hborhood Block Parties Nei hborhood block arties ani
. Is event sponsored by the Homeowner's Association? yes_ no_
(If not, then individual(s) submitting permit application must also submit a
petition signed by 51% of the homeowners who live on the block)
. Please note the following: 1 ) Approvals will only be given for a one (1)
block area 2) Permit applications must be received in writing by the City
Manager's Office at least thirty (30) days prior to the event.3)
Consumption or sale of alcohol on City. rights-of-way will not be
permittedA) 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
e nt.
L~' 2.0/_
vent Contractor/Coordinator Date
Please pri nt: VJt l h4.ht U. (S'+OKRS I
Pre::5 ,6'0\.+ De{Yt4l Beaa'a t:'lJ.eHJ LA .J\s~
Please enclose the' appropria\e non-refwldable'Japplication fee payable to the City of
Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444.
For Staff Use Only
Date Received
Application fee received $
Site map
Budget
Certificate of insl,Jrance
Hold Harmless agreement
Security plan
Waiver alcoholic beverage
Railroad approval
Coast Guard approval
501 c(3) or (d) certificate or letter
Health Department approval
Fire Inspector approval
Police Department approval
Public Works approval
Parks and Recreation approval
City Commission approval
.
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Delray Beach Clergy Association
Easter Sunrise Service Sunday, April 8, 2007
Event Budget
~~
City Permit
$50.00
Programs
donated by Printing Plus
Sound/Music Equipment
fee rental from Marathon Music
Sound Tech/Set-Up
$200.00
All Program Participants
gratis - churches and organizations
Coffee
complementary from DBCA Member
Ushering Service
gratis - Boy Scouts and Kiwanis
Van/Equipment Transport
~;
free use from DBCA member
City Services (Police/Fire/Ambulance) As per city's Special Event Policy
TOTAL KNOWN COSTS
$250.00
i-.:
EASTER SUNRISE SERVICE
APRIL 8, 2007
6:30 A.M.
ORDER OF WORSHIP
Prelude
,
.~
Call to Worship
Invocation
Welcome
Hymn Medley I
Scripture Reading
Special Music
Gospel Reading
Special Music
.~
Sermon
Offertory Statement and Prayer
Hymn Medley II
Benediction
'W" :)
f.
Steering Committee
of the
Delray Beach Clergy Association
The Reverend Ron Arflin, Chaplain
Abbey Delray South
Delray Beach
Helen M. Ashley
Christian Science Practitioner
First Church of Christ, Scientist
Delray Beach
The Reverend Sharon Austin, Pastor
Cason Methodist Church
Delray Beach
Fred M. Elworthy
Christian Science Practitioner
First Church of Christ, Scientist
Delray Beach
The Reverend Elizabeth L. Hill, Associate
Church of rhe Palms
United Church of Christ.
Delray Beach
The Reverend Philip A. Kittle, Ph.D. Chaplain
Hospice of Palm Beach County
The Reverend William Quick, Ph.D.
Federation of Christian Ministries
Delray Beach
Elder Major Rollins, Pastor
Sr. John Primitive Baptist Church
Delray Beach
The Reverend William H. Stokes, Rector
St. Paul Episcopal Church
Delray Beach
Rabbi Dr. Chaim J. Wender
Temple Sinai
Delray Beach
Cantor Jennifer Werby
Temple Sinai
Delray Beach
March 6, 2007
City of Delray Beach
100 NW First Avenue
Delray Beach, FL 33445
Attn: Robert A. Barcinski, Assistant City Manager
Re: Special Ever,lt Easter Sunrise Service
Sunday, AprilS, 2007, from 6:30 a.m. -7:30 a.m.
Dear Mr. Barcinski:
On behalf of the members of the Delray Beach Clergy Association, I submit the
following information required under Policies and Procedures/Special Events.
For many years our Association has sponsored the Annual Easter Sunrise Service.
The service has been held at the pavilion on North Ocean Boulevard and Atlantic
A venue. People gather on the sidewalks and the street, as well as on the beach. They
may begin to arrive around 5:30 a.m. The start time of the service is 6:30 a.m. and
will conclude by 7:30 a.m. It is estimated that over one thousand people attend this
religious historic event.
A collection is invited with the proceeds going to benefit those in need within the
Delray Beach area.
Under III Genera{Policies, Section I, we submit the following:
Minor Event - Initial requests must be submitted to the City Manager or his designee
at least 45 days prior to the event which, in this year of 2007 falls on Sunday, April
8,2007.
The permit(s) and all back up materials will be submitted at least 30 days prior to the
event once they are received.
Site Plan: Pavilion and approximately 50 to 75 feet from the south comer of Atlantic
Avenue on North Ocean Boulevard is required for the people, many of whom bring
their own chairs, to sit or stand in the street or on the sidewalk.
Parkin!! Plan: The people have been parking their vehicles wherever legally
available, including curb parking, and spaces off the street.
Traffic Plan: Police barriers would be helpful and (1) a police or other trained
non-sworn personhel presence to direct traffic off Atlanitc Avenue and North Ocean
Boulevard as well as direct traffic for pedestrian safety.
.",
(,:,
Steering Committee
of the
Delray Beach Clergy Association
The Reverend Ron Arflin, Chaplain
Abbey Delray South
Delray Beach
Helen M. Ashley
Christian Science Practitioner
First Church of Christ, Scientist
Delray Beach
The Reverend Sharon Austin, Pastor
Cason Methodist Church
Delray Beach
Fred M. Elworthy
Christian Science Practitioner
First Church of Christ, Scientist
Delray Beach
The Reverend Elizabeth 1. Hill, Associate
Church of the Palms
United Church of Christ.
Delray Beach
The Reverend Philip A. Kittle, Ph.D. Chaplain
Hospice of Palm Beach County
The Reverend William Quick, Ph.D.
Federation of Christian Ministries
Delray Beach
Elder Major Rollins, Pastor
St. John Primitive Baptist Church
Delray Beach
The Reverend William H. Stokes, Rector
St. Paul Episcopal Church
Delray Beach
Rabbi Dr. Chaim J. Wender
Temple Sinai
Delray Beach
Cantor Jennifer Werby
Temple Sinai
Delray Beach
I
~~
March 6, 2007
City of Delray Beach
Special Event Easter Sunrise Service
Sunday, AprilS, 2007 from 6:30 a.m. -7:30 a.m.
Page 2
Maintenance/clean-up Plan: There usually is very little debris following the event.
NOTE: Pavilion: Electric outlet at the pavilion shorts-out, thereby requiring repair.
The outlet is necessary for microphones and loud speakers. Location of the outlet is
under the north east comer of the pavilion.
Fee: (C) In as..imuch as we fall under the category of a non-profit/charitable
organization and the sponsor of this annual historic event, which, for your purposes is
classified as a Minor Event. If correct, we believe any costs to the city for a maximum
of two years will be waived. This is. our second year of presenting to the city our
proposal based on your requirements.
Should you require further information, ph~ase contact me at (561) 276-4541.
Thank you for every consideration.
i1U~
William H. Stokes
Rector, St. Paul's Episcopal Church
President, Delray Beach Clergy Association
.i~
MEMORANDUM
TO:
David Harden, City Manager
Lula Butler, Community Improvement Director Lb
Elizabeth B. Alpert, C. D. Program Administrato@Z
March 15, 2007
FROM:
THRU:
DATE:
SUBJECT:
Agreement between the City and Delray Beach Housing Authority
ITEM BEFORE THE COMMISSION:
A request to approve an Agreement between the City and the Delray Beach Housing Authority for
the purposes of granting the City permission to access the property "Carver Estates" in oreler to
demolish the buildings and clear the site.
BACKGROUND:
At the July 11th meeting, City Commission approved a request for staff to apply through Palm
Beach County Housing and Community Development for funds to assist in disaster relief, long-
term recovery, restoration of housing and infrastructure funding under the 2005 Department of
Community Affairs "Disaster Recovery Initiative." Under this initiative, the City was granted
$900,000 in funding to demolish 200 units within Carver Estates as well as the administrative
buildings/ offices of the Delray Beach Housing Authority. Attached please find the required
Agreement between the City and the Delray Beach Housing Authority for the purposes of granting
permission for the City to access the property "Carver Estates" in order to demolish the buildings
and clear the site. The Agreement includes an "Attachment A" which is the Interlocal Agreement
between the City of Delray Beach and Palm Beach County for the Florida Department of
Community Affairs 2005 Disaster Recovery Initiative.
RECOMMENDATION
Staff recommends City Commission approve the Agreement between the City and the Delray
Beach Housing Authority for the purposes of granting the City permission to access the property
"Carver Estates" in order to demolish the buildings and clear the site.
c:!<
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g.6
Page 1 of 1
Smith, Douglas
From: Barton, Terrill
Sent: Thursday, March 15,200712:04 PM
To: Smith, Douglas
Subject: RE: Housing Authority Agreement
Doug,
I prepared the agreement between the City and the Delray Beach Housing Authority regarding the Demolition work to
take place at Carver Square Estates and so long as the Interlocal agreement between the City, DCA, and the Palm
Beach County is attached to it as Exhibit "A", then it meets with my approval for legal sufficiency.
Thanks.
Terrill C. Barton,
Assistant City Attorney
200 NW 1 st Avenue
Delray Beach, FL 33444
(561) 243-7090
From: Smith, Douglas
Sent: Thursday, March 15, 2007 11:57 AM
To: Barton, Terrill
Subject: Housing Authority Agreement
Terrill,
Elizabeth Alpert informed me that you and Lula worked on the agreement with the Housing Authority for the demolition work at
Carver Estates. Could you send me an email that I can included with the agenda item that the agreement meets legal sufficiency?
Thanks,
Doug Smith
Assistant City Manager
City of Delray Beach
100 NW First A venue
Delray Beach, FL 33444
Phone: (561) 243-7144
Fax: (561) 243-7199
Emai1: smithd@ci.delray-beach.fl.us
3/15/2007
AGREEMENT BETWEEN THE
CITY OF DELRA Y BEACH AND
THE DELRA Y BEACH HOUSING ASSOCIATION
THIS AGREEMENT is made this day of , 2007, by and between
the DELRA Y BEACH HOUSING AUTHORITY, (DBHA) (hereinafter referred to as the
"Owner"), and the CITY OF DELRA Y BEACH, (hereinafter referred to as the "City").
WITNESSETH:
WHEREAS, the Owner desires for the City to demolish seventeen (17) buildings at
Carver Square Estates (the "Property") pursuant to the Interlocal Cooperation Agreement
between Palm Beach County and City of Delray Beach for the Florida Department of
Community Affairs 2005 Disaster Recovery Initiative attached hereto and incorporated herein as
Exhibit "A"; and
WHEREAS, the Owner shall allow the City and/or the City's Contractor access to
Owner's Property in order to perform the demolition; and
WHEREAS, Palm Beach County shall reimburse the City a maximum amount of Nine
Hundred Ninety Thousand Dollars ($900,000.00) for the demolition work on the Property; and
WHEREAS, The City shall be responsible for hiring a licensed Contractor to perform
the demolition work and the City shall oversee the all work by the Contractor on the Property.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, the parties hereby agree as follows:
ARTICLE 1.
Scope of Work: City shall be responsible for bidding out the demolition work to a
licensed Contractor who shall: demolish all buildings, foundations and slabs and dispose of all
Materials utilizing appropriate engineering controls (i.e wet methods) that prevent disturbance of
possible Category I and Category II non-friable asbestos containing materials, (See GLE
Demolition survey report, January, 2006) demolish and dispose of driveways, driveway aprons
and materials, demolish drainage, water and sewer systems from the site, demolish wall and/or
fences and dispose of all materials. The site shall be completely cleared of all demolition debris.
The site shall be brought to a level grade, fill shall be provided if necessary, in order to provide a
smooth, level, and aesthetically pleasing condition, free of any hazards. All utility lines must be
capped and marked.
ARTICLE 2.
Work to be Performed. The Owner shall grant the City and/or City's Contractor
access to Owner's Property and the City shall demolish a total of seventeen (17) buildings on
the Property including, fifteen (15) residential and two (2) administration buildings, with the
following addresses: Bldg A - 791 SW lih Terrace
Bldg B - 781 SW lih Terrace
Bldg C - 770 SW lih Terrace
Bldg D - 760 SW lih Terrace
Bldg E - 1220 SW ih Street
Bldg F - 1200 SW 7th Street
Bldg G - 1160 SW 7th Street
Bldg H - 1140 SW 7th Street
Bldg J - 1120 SW ih Street
Bldg K - 1100 SW 7th Street
2
Bldg L - 760 SW 10th Avenue
Bldg M - 770 SW 10th Avenue
Bldg N - 780 SW 1 Oth Avenue
Bldg P - 790 SW 10th Avenue
Bldg Q - 1111 SW 7th Court
Bldg R - 1131 SW 7th Court
Bldg S - 1161 SW 7th Court
More specifically, the legal description of the buildings to be demolished are as follows:
LEGAL DESCRIPTION: Commencing at the West quarter comer of said Section 20,
thence run North 890 21' 10" E 1280.39 feet along East-West centerline of said Section 20 also
being the centerline of S.W. 10th Street to a point; thence run North 00 40' 13" E790.00 feet
along the West line of Delray Beach Heights 1 st Addition as recorded in Plat Book 29 Page 65 of
the Public Records, Palm Beach County, Florida to the Point beginning thence continue North 00
40' 13" E 110.00 feet to the Northwest comer of said Delray Beach Heights 18t Addition; thence
run North 890 21" 10" E 750.00 feet along the North line of said Delray Beach Heights 1st
Addition and along the North line of Delray Beach Heights as recorded in Plant Book 25 Page
186 of the Public Records of Palm Beach County, Florida, to the Northeast comer of said Delray
Beach Heights; thence run North 00 40' 13" E 431.1 feet along the East boundary of the West
Half of Lot 27 of the Subdivision of Section 20, Township 46 South, Range 43 East, as recorded
in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida, to a point; thence
run South 890 52' 35" W 1229.43 feet along the North line of said Lot 27 and the North line of
Lot 190f said subdivision of Section 20 to a point; thence run South 320 44' 38" W 222.87 feet
to a point of curvature of a curve to the left having a radius of275.00 feet, a central angle of 320
04' 25" for an arc distance of 153.94 feet to a point oftangencK; thence run South 00 40' 13" W
221.15 feet to a point on the North right of way line of S.W. 8t Street; thence run North 890 21'
10" E 640.00 feet along said North right of way line to the POINT OF BEGINNING, Containing
15.09 acre more or less.
The City shall furnish all supervision, technical personnel, labor, materials, equipment
and all other appurtenances thereto and perform and complete all work in accordance with this
Agreement.
3
ARTICLE 3.
Contract Price and Method of Payment. Palm Beach County shall reimburse City a
maximum amount of Nine Hundred Ninety Thousand Dollars ($900,000.00) for the demolition
work on the Property.
ARTICLE 4.
Indemnification. Each party to this Agreement shall be liable for its own actions and
negligence and, to the extent permitted by law, the City shall indemnify, defend, and hold
harmless Owner against any actions, claims, or damages arising out of the City's negligence
in connection with this Agreement, and Owner shall indemnify, defend, and hold harmless the
City against any actions, claims, or damages arising out of Owner's negligence in connection
with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign
immunity beyond the limits set forth in Florida Statute, section 768.28, nor shall the same be
construed to constitute agreement by either party to indemnify the other party for such other
party's negligent, willful or intentional acts or omissions. Owner shall hold the City harmless
and shall indemnify the City for funds which the City is obligated to refund the State of
Florida or the Federal Government arising out of the conduct of activities and administration of
Owner. The provisions of this indemnification clause shall survive the termination of this
Agreement.
ARTICLE 5.
Term. The term of this Agreement shall be until March 31, 2008, commencing
upon the date of execution by the parties hereto.
4
ARTICLE 6.
Notice.
Any notice given pursuant to the terms of this Agreement shall be in
writing and hand delivered or sent by U.S. mail. All notices shall be addressed to the following:
As to City:
City Manager
City of Delray Beach
100 NW. 1st Avenue
Delray Beach, FL 33444
As to Owner:
Director
Delray Beach Housing Authority
770 SW lih Terrace
Delray Beach, FL 33444
ARTICLE 7.
Entire Ae:reement. This Agreement represents the entire agreement between the parties
and supersedes all other negotiations, representations, or agreements, either written or oral,
relating to this Agreement. The Agreement may be modified and amended only by written
instrument executed by the parties hereto.
ARTICLE 8.
Venue. This Agreement shall be governed by the laws of the State of Florida and any
and all legal action necessary to enforce this Agreement shall be held in Palm Beach County,
Florida.
5
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed on the day and year first above written.
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk
Jeff Perlman, Mayor
Approved as to Form:
(SEAL)
City Attorney
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this _ day of
2007, by Jeff Perlman as Mayor of the City of Delray Beach, a Florida municipal corporation on
behalf of the corporation. He is personally known to me or has produced
(type of identification) as identification.
Notary Public - State of Florida
6
ATTEST:
DELRA Y BEACH HOUSING AUTHORITY
By:
Print Name:
Print Name:
(SEAL)
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this _ day of
2007, by , as (name of officer or
agent, title of officer or agent), of (name of corporation
acknowledging), a (state or place of incorporation) corporation, on behalf of the
corporation. He/She is personally known to me or has produced
(type of identification) as identification.
Notary Public - State of Florida
7
Attachment "A"
INTERLOCAL COOPERATION AGREEMENT
BETWEEN PALM BEACH COUNTY
AND
CITY OF DELRA Y BEACH
FOR
THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
2005 DISASTER RECOVERY INITIATNE
THIS INTERLOCAL COOPERATION AGREEMENT made and entered into this ~ day of
~, 2007 by and between PALM BEACH COUNTY, a political subdivision of the State of Florida,
hereinafter referred to as the "COUNTY", and CITY OF.DELRA Y BEACH, a municipality duly organized
by the laws of the State of Florida, hereinafter referred to as the "MUNICIPALITY".
WHEREAS, the Florida Department of Community Affairs 2005 Disaster Recovery Initiative is
funded by the U.S. Department of Housing and Urban Development (HOD) with Community Development
Block Grant (CDBG) funds and administered by the Florida Department of Community Affairs for disaster
relief, long-term recovery, and mitigation directly related to the effects of the disasters resulting from
Hurricane Katrina of August 24, 2005 and HurricaIie Wilma of October 23, 2005 and were covered by
Presidential disaster declarations; and
WHEREAS, the parties hereto have the common power to perform Community Development
Block Grant (CDBG) activities as part of the Florida Department of Community Affairs 2005 Disaster
Recovery Initiative within the COUNTY, said common powers being pursuant to Section 125.01, Florida
Statutes, and Chapter 163, Part III, Florida Statutes; and
WHEREAS, Section 163.0 I, Florida Statutes, known as the "Florida Interlocal Cooperation Act"
authorizes local governments to make the most efficient use of their powers by enabling them to cooperate
with other localities on a basis of mutual advantage and thereby to provide services and facilities that will
harmonize geo graphic, economic, population and other factors influencing the needs and development of
local communities; and
WHEREAS, it is mandated by Title I of the Housing and Community Development Act of1974, as
amended, that a county must enter into Interlocal Cooperation Agreements with municipalities in its
jurisdiction for the purposes of implementing CDBG activities within said municipalities; and
WHEREAS, the municipalities submitting an Interlocal Agreement at this time have not previously
executed an Interlocal Agreement to participate with Palm Beach County in the Urban County
Qualification Program; and
WHEREAS, the Florida Department of Community Affairs 2005 Disaster Recovery Initiative
application requires submission of an Interlocal Agreement if a project will, in any way, impact another
government; and
WHEREAS, the Florida Department of Community Affairs 2005 Disaster Recovery Initiative
requires that one application, reflecting countywide, priority disaster recovery projects, be submitted by a
unit of general local government within each county; and
WHEREAS, the municipalities applying for funding under the Florida Department of Community
Affairs 2005 Disaster Recovery Initiative elected Palm Beach County to serve as the lead agency for the
Florida Department of Community Affairs 2005 Disaster Recovery Initiative in Palm Beach County; and
WHEREAS, the COUNTY desires to join with municipalities in order to carry out the planning and
professional services necessary to implement the Florida Department of Community Affairs 2005 Disaster
CITY OF DELRAY BEACH
Recovery Initiative for the duration of the Initiative; and
WHEREAS, the COUNTY and MUNlCIP ALITY agree to cooperate to undertake or assist in
undertaking eligible activities under the Florida Department of Community Affairs 2005 Disaster Recovery
Initiative; and
WHEREAS, the MUNlCIPALITYdesires to cooperate with the COUNTY for the purpose of
implementing the Florida Department of Community Affairs 2005 Disaster Recovery Initiative.
NOW, THEREFORE, the parties hereby agree as follows:
1. The COUNTY and the MUNlCIP ALrrY win cooperate so that the Municipality may participate
with the COUNTY to expend CDBG funds for eligible activities under the Florida Department of
Community Affairs 2005 Disaster Recovery Initiative within the MUNICIPALITY during the term
ofthe Initiative (including program income generated from expenditure of such funds) under Title I
of the Housing and Community Development Act of 1974, as amended, and The Department of
Defense Appropriations Act, 2006 (Public Law 109-148, approved December 30, 2006) and
receive funds under these Acts.
2. With the MUNlCIP ALITY'S assistance, the COUNTY will prepare an application for HUD
Disaster Recovery Funding under the Florida Department of Community Affairs 2005 Disaster
Recovery Initiative. The COUNTY will undertake or assist in undertaking all professional and
administrative services necessary to prepare said application and other necessary documents, and
the COUNTY will agree to take full responsibility and assume all obligations as applicant. The
COUNTY and the MUNICIPALITY agree that the COUNTY is hereby allowed to undertake or
assist in undertaking disaster recovery activities including disaster relief; long-term recovery, and
mitigation in communities affected by the specified disasters and that the COUNTY has final
responsibility for selecting activities for funding under the Florida CDBG Disaster Recovery
Initiative.
4. The MUNICIPALiTY and the COUNTY will take all actions necessary to assure compliance
with Community Development Block Grant Entitlement Program Regulations, including 24 CFR
570, except as permitted exemptions are published in the Federal Register, the urban county's
certification required by Section 1 04(b) of Title I of the Housing and Community Development Act
of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act,
Section 109 of Title I of the Housing and Community Development Act of 1974, the Americans
with Disabilities Act of 1990, and other applicable laws. The COUNTY shall not use funds under
the Florida Department of Community Affairs 2005 Disaster Recovery Initiative for activities in or
in support of any MUNICIPALITY that does ndtaffirmatively further fair housing within its own
jurisdiction or that impedes the COUNTY'S actions to comply with its fair, housing certification.
5. The MUNlCIP ALITY, by executing this Agreement, understands that it may not apply to the
State for grants under the Florida Department of Community Affairs 2005 Disaster Recovery
Initiative in its own right.
6. To the extent applicable, the MUNICIPALITY has adopted and is enforcing a policy prohibiting
the use of excessive force by law enforcement agencies within its jurisdiction against any
individuals engaged in non-violent civil rights demonstrations; and a policy of enforcing applicable
8:\2005_ 06\DisasterRecoverylnitiative\InterlocalAgree\2005DRI Agrment DELRA Y BCH.doc
2
CITY OF DELRAY BEACH
State and local laws against physically barring entrance to, or exit from a facility or location which
is the subject of such non-violent civil rights demonstrations within jurisdictions.
7. The COUNTY, through its Department of Housing and Community Development, shall-assist
the MUNICIPALITY in undertaking all professional and administrative services necessary for the
purposes of implementing Florida CDBG Disaster Recovery Initiative activities, including
preparation of all applications and other necessary documents, planning and other administrative
activities, as required.
8. Pursuant to 24 CPR 570.501(b), the MuNICIPALITY is subject to the same requirements
applicable to subrecipients, including the requirements of a written agreement as described in 24
CFR 570.503.
9. The MUNICIP AUTY shall be responsible for notifying the COUNTY of any modification
and/or change in the use of any real property (from that planned at the time of acquisition or
improvement, including disposition) acquired or improved in whole or in part with Florida
Department of Community Affairs 2005 Disaster Recovery Initiative program funds that is within
control of the MUNICIPALITY. Notification of the COUNTY shall take place within ten (10)
days of said modification or change.
In the event that said real property as described above is sold, conveyed or transferred after
the time of acquisition and/or improvement, and said real property is sold, conveyed or transferred .
for usage which does not qualify as eligible under CDBG regulations, the COUNTY shall be
reimbursed in an amount equal to the current fair market value (less any portion thereofattributable
to expenditures of non-CDBG funds) of the property by the MUNICIPALITY.
In the event of a close-out or change of status of the MUNICIPALITY, termination ofthis
Agreement, or disposition and/or transfer of any property improved or acquired with CDBG funds, .
the COUNTY shall be reimbursed by the MUNICIPALITY any program income generated prior to
or subsequent to said close-out, termination or change of status.
10. The COUNTY and the MUNICIPALITY will comply with the Comprehensive Plan for Palm
Beach County, the Consolidated Plan and the implementing program as outlined in th.e Annual
Consolidated Plan (to be known as the Action Plan, begirrning FY 2006-07), which gov=s the
expenditure of CDBG funds.
11. This Agreement shall give the COUNTY authority to carry out activities which will be funded
from appropriations of Florida Department of Community Affairs 2005 Disaster Recovery
Initiative funds for the full term of this Agreement. The Agreement shall remain in effect until all
Florida Department of Community Affairs 2005 Disaster Recovery Initiative funds and any
program income received with respect to activities carried out with FI?rida Department of
Community Affairs 2005 Disaster Recovery Initiative funds are expended, and the funded activities
are completed, and that the COUNTY and MUNICIPALITY may not terminate or withdraw from
the Agreement while it remains in effect.
12. This Agreement is contingent upon the COUNTY'S successful application under the Florida
Department of Community Affairs 2005 Disaster Recovery Initiative.
S:\2005 _ 06\DisasterRecoveryInitiativelInterloca1Agree\2005DRI Agnnent DBLRA Y BCH.doc
3
CITY OF DELRAY BEACH
13. Nothing contained herein shall be deemed to authorize the delegation of the constitutional or
statutory duties of the state, county or municipal officers.
14. A copy of this Agreement shall be filed with the Clerk and Comptroller in and for Palm Beach
County.
15. Any prior agreements or contracts regarding the duties and obligations of the parties
enumerated herein are hereby declared to be null and void.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
,
their duly authorized officials.
PALM BEACH COUNTY, FLORIDA, a
Political Subdivision ofthe State of Florida
BOARD OF COUNTY COMMISSIONERS
By:
~/---
Robert Weisman, County Administrator
Approved as to Form and Legal
Sufficiency:
Approved as to Terms and Conditions
Dept. of Housing and Community Development
BY.~
y . Fields
Senior Assistant County Attorney
By:
~))(-~
Elena M. Escovar
Planning Manager
ATTEST:
CITY OF DELRAY BEACH, a municipality
duly organized by the laws of the State of
Florida
\~~~.J ~ ~~
Clerk
/);i2 --rM~
David Harden
City Manager
,
(SEAL)
S:\2005_06\DisasterRecoveryInitiativellnterlocalAgree\2005DRl Agrment DELRA Y BCH.doc
4
CITY OF DELRAY BEACH
LEGAL CERTIFICATION BY PALM BEACH COUNTY
As Legal Counsel for Palm Beach County, I hereby state that the terms and provisions ofthis Agreement
are fully authorized under State and local law, and that the Agreement provides full legal authority for the
County to undertake, or assist in undertaking, disaster recovery activities. .
Tanun . Fields, Senior Assistant County Attorney
Palm Beach County, Florida
S:12005_06\DisasterRecoverylnitiativeIJnterlocalAgree12005DRJ Agrment DELRA Y BCH.doc
5
Agenda nem No.: ~
AGENDA REQUEST
Request to be placed on:
_ Regular Agenda
_ Special Agenda
_ Workshop Agenda
~ Consent Agenda
Date: March 15, 2007
When: March 20, 2007
Description of item:
A request to approve an Agreement between the City and the Delray Beach Housing
Authority for the purposes of granting the City permission to access the property "Carver
Estates" in order to demolish the buildings and clear the site.
Recommendation:
Staff recommends City Commission approve the Agreement between the City and the Delray
Beach Housing Authority for the purposes of granting the City permission to access the
property "Carver Estates" in order to demolish the buildings and clear the site.
Department Head Signature: ~4.J.I ~ ~ ~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: YES/NO
Funding Alternatives:
Account No. & Description:
Account Balance:
(if applicable)
City Manager Review:
Approved for Agenda: @O ~)~)\
Hold Until: l
!
Agenda Coordinator Review:
Received:
Placed on Agenda:
MEMORANDUM
TO:
David T. Harden, City Manager
Lula Buller, Community Improvement Director ~
Elizabeth B. Alpert, Community Development Administrator
THRU:
FROM:
DATE:
March 15, 2007
SUBJECT:
Approval of Community Development's amended Program Description
ITEM BEFORE THE COMMISSION
Approval is requested to amend the Community Development Division's overall program
description. The program description serves primarily as an internal document which serves as a
guide to staff on standard operating procedures.
BACKGROUND
A need was identified to update the Community Development Division's overall program
description. The program description serves primarily as an internal document which serves as a
guide to staff on standard operating procedures. Major changes to the document are as follows:
1. The language throughout the document was revised and streamlined to be inclusive of all
programs and funding sources.
2. Increase of CDBG Housing Rehabilitation Program maximum subsidy from $35,000 to
$37,000
3. Increase Emergency Relief Program subsidy from $7,000 to $10,000
4. Increase Bootstrap Program subsidy from $7,000 to $10,000
5. Allow acceptance of CDBG recipients who are income eligible at 0%-80% (previous
eligibility accepted CDBG applicants only from 0%-50% of median income).
All staff recommendations are within CDBG and SHIP guidelines and the figures stated reflect
increased construction costs and the Division's ability to effectively deliver programs.
RECOMMENDATION
Staff recommends approval of the amended Program Description which specifies the standard
operating procedures for Federal, State and Local programs administered under the Department of
Community Improvement, Community Development Division.
cl)
~t
~.~
[nY OF DELRAV BEA[~~~
COMMUNITY DEVELOPMENT DIVISION
PROGRAM DESCRIPTION MANUAL
Housing Rehabilitation
Demolition/Clearance
Real Property/Acquisition/Disposition
Bootstrap Program
Emergency Repair
Disaster Relief
TABLE OF CONTENTS
Housing Rehabilitation............................................................................. ...Pg. 1
Demolition/Clearance .......................................................................... ...Pg. 10
Real Property/Acquisition/Disposition......................................................... ....Pg. 13
Bootstrap Program.................................................................................... .Pg. 15
Emergency Repair........................... .................. ...................................... ..Pg. 18
Disaster Relief... . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . ....... Pg. 22
Table 1 - HUD Income Chart........................................................................Pg. 25
Table 2 - Matching Grants for Bootstrap Program............................................Pg. 25
Table 3 -Income Eligibility by Funding Source.................................................Pg. 25
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT BLOCK GRANT
HOUSING REHABILITATION
PROGRAM OVERVIEW AND DESCRIPTION
A. Purpose
The City of Delray Beach through its Community Development Division makes available
0% interest, deferred payment loans through various funding sources to assist project area
property owners in making needed improvements to their homes and properties. The intent of
the program is to improve the quality and standard of housing for very-low, low and moderate-
income residents. These policies shall serve as the framework for implementation of
residential property rehabilitation element, demolition and clearance element and property
acquisition/disposition elements of the City of Delray Beach Community Development Housing
Program.
B. Approval and Administration
These policies and procedures have been approved by the Delray Beach City
Commission. Administration and implementation of these policies is the responsibility of the
Community Development Program Administrator, under the supervision of the Director of
Community Improvement.
C. Proqram Description
1. Rehabilitation Loans
Deferred payment loans up to $37,000 (depending on funding source) can be made to
eligible property owners to correct code violations, improve energy conservation, and remove
barriers for the handicapped. A portion of these funds will also address items such as termite
inspection and treatment, and lead-based paint abatement.
This program will provide assistance to bring substandard housing up to specific Property
Rehabilitation Standards (a combination of the City Standard Housing Code and HUD Cost-
Effective Energy Conservation and Effectiveness Standards) and will be available to all
rehabilitated housing units within the defined project areas.
2. Desiqnated Tarqet Area
The location of the designated target area is within the city limits of Delray Beach and has
the following general boundaries:
North - Northwest 4th Street and Lake Ida Road
East - Federal Highway
2
South - Linton Boulevard
West -Interstate 95
In addition, to CDBG target area; properties located within other designated areas
throughout the City are eligible for other housing assistance programs.
3. Household EliQibilitv Requirements
a. Ownership and Residence
Rehabilitation loans shall be available to owner/occupants located within the
boundaries of the designated target areas. Owner-occupant must reside in the
unit for a minimum of one year prior to applying for assistance.
b. Income
Income limits for all eligible applicants will be the income limits made available
by the Department of HUD, for very low, low and moderate-income households.
Income eligibility is determined by using the total household gross income.
Revised HUD Section 8 income limits for all households are as follows per
Table 1.
For households larger than eight (8) persons the limits will be determined by
calculating 8 percentage points more for each person beyond the eight persons
for very low, low and moderate income households. The limits will be rounded
to the nearest $50.
Income Verification
Written verification of income shall be required to document the applicant's
income eligibility.
Self-employed applicants may provide a copy of his/her tax return from the
previous year or two. In addition, the applicant or his or her bookkeeper should
supply an income and expense report for at least the past three months.
c. Assets
For the purpose of determining eligibility for housing assistance under the
Community Development Housing Program, assets may not exceed $15,000
per household. All assets held by each member of an applicant's household
must be verified, including the value of equity in real estate other than the
applicant's principal residence.
Assets include: checking accounts, savings accounts, certificates, stocks,
bonds, real estate, etc. The value of necessary items such as furniture,
automobiles, and tools of trade are not considered assets. Applicants may
provide documentation of assets by submitting bank statements, bank books,
interest statements from banks, and tax records.
3
All income derived from assets will be included in the applicant's gross income
amount. The appraised value of an applicant's real estate minus any mortgage
held on the property shall be considered as the net asset.
4. Deferred Payment Loan Terms. Conditions
Housing rehabilitation loans will be made subject to terms and conditions designed to
protect program benefits for very-low, low and moderate income persons, and sustain
program benefits. These requirements, which will be included in the rehabilitation
assistance agreement, will include the following:
a. City as Aqent
The City will be authorized to act as the owner's agent in contracting for and
carrying out repairs and improvements to the property.
b. Maintenance
The owner must agree to maintain the property in a manner which meets the
City Standard Housing Code and must acknowledge the applicability of that
code.
c. Cooperation
The owner must agree to provide information necessary for administration and
program monitoring, to be available for necessary conferences and decisions, to
sign-off on the lien when the work is correctly completed, and to otherwise
reasonably cooperate in expediting the rehabilitation work and program
administration.
d. Recordinq
The lien agreement will be recorded as a covenant to the property and shall
have a term of ten (10) to fifteen (15) years after project closeout.
e. Recapture and Default:
Assistance will be provided to eligible households in the form of a ten (10) year,
0% interest, forgivable deferred loan for amounts greater than $5,000 but less
than $20,000. For amounts equal to or greater than $20,000, assistance will be
provided in the form of a fifteen (15) year, 0% interest, forgivable deferred loan.
Assistance under $5,000 will be awarded as a loan and will not be subject
under the program's recapture provisions. All loan awards will be secured with
a lien agreement.
Repayment of the full loan award will be immediately due to the City in the
event any "qualifying event(s)" occur prior to expiration of the note reason
except the transfer of ownership due to inheritance at death or the need to meet
major health care expenses. The definition of what constitutes a major health
care expense will be determined by Community Development Administrator on
an individual basis. Qualifying event(s) are considered to be:
4
. sale of unit or transfer of title
. the assisted homeowner fails to continuously occupy the home
. the unit is rented
. unit is refinanced without prior authorization of the City.
Such repaid funds will be utilized in accordance with the approved Local Housing
Assistance Plan in effect at the time the funds are recaptured. If no "qualifying
event(s)" occur prior to the expiration of the note, the loan is totally forgiven. In
the event the homeowner wishes to refinance his or her first mortgage or take out
an equity loan to make repairs or improvements, the City has created an
administrative policy pertaining to subordination requests.
5. Subordination Policy
A homeowner assisted by the SHIP or CDBG program may not refinance his or her first
mortgage or take out a second mortgage unless the city agrees to subordinate its second
mortgage. The policy used by the City of Delray Beach regarding a subordination request
is as follows:
If the owner wants to refinance the first mortgage at a lower rate and/or for a shorter loan
term, the City will subordinate if:
. additional money isn't being borrowed (unless its for home repair or reasonable
improvements)
. the resulting housing cost (PITI) does not exceed the housing cost (PITI) calculation of
the original loan
. the new loan is for a fixed interest rate
If the owner is taking out a second mortgage for necessary home repairs or reasonable
improvements, the City will subordinate if:
. the combined payments of the first and second mortgages do not exceed 35% of
gross income
. the loan is for a fixed interest rate
The City will not subordinate its mortgage for owners attempting to obtain a line of credit or
consolidate debt because this would enable them to increase their debt for purposes other
than home improvement. The City maintains that:
. Second mortgages are provided under the SHIP program to assist with
homeownership
. Loans are provided under the CDBG or SHIP programs for the exclusive purpose of
rehabilitating, enhancing and/or preserving real estate
The City does not support the owner using equity for any items other than the house itself.
If the purpose of the new loan is for home repair or reasonable improvements, the need
must be substantiated by an inspection of the property by a City of Delray Beach housing
rehabilitation inspector and/or estimates for the proposed repairs furnished by the
homeowner.
5
6. Assistance Priorities
The principle factors to be considered in setting the priorities and sequence of housing to
be assisted will be: elderly, severity of need and cooperation by applicant. These factors
will be considered in combination by the Community Development Program Administrator
to establish the order of work and for expediting the program.
a. Elderly
Owner/occupied units where the head of household or individual principle
member is 62 years old or more as defined in Section 420.503, F.S.
b. Severity of Need
Severe repair needs (such as major weatherization problems), imminent threats
to health or safety (such as lack of sanitary facilities), and severe financial need
(very low owner income), shall be considered in establishing priorities for
housing rehabilitation work. Available financial resources (cash, savings, bonds,
real property) shall be considered in establishing need based on this criteria.
c. Applicant Cooperation
Administration will be expedited by owner and tenant cooperation. The City
reserves the right to proceed with work on structures on which administrative
requirements (applications, agreements, contracts, conferences, specifications,
bids, etc.) are complete if necessary to expedite program implementation.
d. Related Assistance
This housing rehabilitation program will not address all housing needs of the
community or of very-low, low and moderate income people. The Community
Development Housing Program will, however, provide counseling, referral, and
other assistance to persons, particularly low/moderate income families, who
need help with housing problems.
7. Procedures for Implementation
a. Outreach/Public Information
The following efforts will be made to make affected property owners and
contractors aware of this program of residential property rehabilitation.
1. Owners will be informed of public meetings on this program through notices
distributed in a variety of ways, including delivery to homes in the area,
mailing to neighborhood associations/organizations, posting in public
places, and newspaper publication.
2. Owners will be made aware of the program during inspections of residential
structures conducted by the Community Improvement staff.
3. Area contractors will be contacted to advise them of the work to be done in
this program and will be invited to qualify for inclusion on the list of
6
approved contractors for performing housing rehabilitation work. The City
will encourage participation by minority contractors and will provide
assistance to them in qualifying to perform rehabilitation work.
b. Preliminary Inspection
The Community Development Staff or designated person inspects units in
target areas and identifies any deficiencies under the property rehabilitation
standards. Units selected for inspection may be determined by the general
outward appearance of a structure or upon request from the owner/occupant.
The owner/occupant will be notified of the planned time of the inspection. The
staff person will make an initial finding of the structure in one of three
categories listed below:
1. Standard
The structure has few or no significant standard deficiencies or needs
only cosmetic repairs. No rehabilitation assistance is required.
2. Deteriorated/Rehabilitable
The structure has significant standard deficiencies but can be
substantially rehabilitated within the resources, conditions, and
priorities of the program. The City will proceed to offer rehabilitation
assistance.
3. Dilapidated
The structure has major standard deficiencies and is not practical to
rehabilitate or cannot be rehabilitated within the resources of this
program. The City may undertake action to relocate the occupants, if
any, and remove the structure.
In exceptional cases where rehabilitation of a dwelling may not be
cost-effective or within program limits but where relocation of the
occupants may not be practical, possible or desirable, the City may
consider the existing swelling "housing of last resort" and may use
program funds to improve the dwelling even if the funds available will
not fully restore the structure to the Property Rehabilitation Standards.
c. Initial Conference
Following the preliminary inspection, the inspector (usually the Housing
Rehabilitation Inspector) will advise the owner and/or occupant of his findings
and their consequences. If the structure is found to require rehabilitation, the
owner will be invited to apply for program assistance. Owners will be advised
that non participation in the rehabilitation assistance program will not relieve
them of responsibility for compliance with the City Standard Housing Code.
7
d. Applications
Applications for housing rehabilitation assistance must be made on forms
provided by the City and will include income, demographic, and other
information needed to determine eligibility, priorities, and program impact.
Upon receipt and review of the housing inspection report and the application
for assistance. If the property and owner are approved for assistance, the
owner and occupants must enter into an agreement with the City which sets
forth the terms of the lien.
Owners may appeal an inspector's finding that a dwelling does not require
rehabilitation to the Community Development Program Administrator and
subsequently to the Director of Community Improvement. These officers may
consult the City building inspection division or other technical resources to
assist in their determination. Issues regarding owner eligibility or priority may
be appealed to the City Manager.
e. Work Write-Up
If a dwelling unit is found to be eligible for assistance, the Community
Development staff will proceed to prepare a detailed work write-up specifying
the improvements needed to make the unit comply with the Property
Rehabilitation Standards. This work write-up may require further detailed
inspection and may include consultation with the building inspections division.
The work write-up will consist of a detailed description of all repairs needed for
the unit and a confidential estimate of the estimated costs. These
specifications will usually include energy conservation or energy production
measures proposed for the structure.
f. Pre-Bid Conference
Following preparation of the work write-up by the Community Development
staff, the staff will confer with the owner to review and discuss the proposed
work specifications prior to bidding. The owner must consent to the work
specifications before bidding. Any issues relating to work to be performed
which are not resolved in conference may be referred to the Community
Development Program Administrator for resolution.
If the owner desires to have additional work performed beyond eligible
improvements, the City will provide technical assistance upon request, but
such additional work shall be covered by a separate contract between the
owner and the contractor and shall not affect the project or this program.
8
g. Contractinq and Construction
1. Final Specifications
Following the pre-bid conference with the owner, the Community
Development staff will prepare final specifications and bid documents for
the proposed work.
2. Eliqible Contractors
Bid documents will be sent to contractors who have previously qualified
for inclusion on a bidders list and bids may also be solicited by published
notice. The City may disqualify any contractor with a known record of
discriminatory employment practices, and contractors will be expected to
comply with applicable equal opportunity and civil rights laws and
regulations.
3. Bid Awards
Sealed bids will be received and reviewed by the Community
Development staff, which shall make recommendations for award. Bids
will be awarded under purchasing and bidding policies established by City
administrative policy and state statute. Consideration may be given to
such factors as past contract performance, time of performance, and
apparent capacity to carry out the work.
4. Contracts
All rehabilitation contracts will be executed between the building
contractor and the property owner. The City remains the agent and will
ensure contract compliance.
h. Inspections
During construction, the Community Development staff and the City building
inspections division will periodically inspect the work to ensure compliance
with contract work specifications and the City building code.
i. Payments
All contract payments shall be made by the City directly to the contractor.
Contractor will submit required pay request forms which will require property
owner's signature. Progress payments may be received prior to contract
completion, but progress payments will be subject to a 10% retention
requirement and payments shall not exceed 75% of the total contract prior to
contract close-out. Payment request forms will be processed by timely
submissions and the City will review and approval of work.
9
j. Chanqe Orders
Changes in work that may become necessary during construction will be
negotiated by the Community Development staff and approved in
accordance with City bidding/purchasing policies. Owners shall be consulted
concerning proposed change orders. The contractor shall make no changes
in the work nor seek payment for changed or additional work without prior
issuance of a written change order.
j. Final Inspections
Upon completion of the work, a final inspection will be performed by the
Community Development staff and the City building inspections division to
ensure that all work complies with the contract and building code. The owner
may accompany the inspection and/or be consulted prior to contract close-
out. The contractor shall submit a final invoice and warranty documents
including Owner's Certification of Completion and Compliance, City of Delray
Beach Certificate of Release and Warranty for Rehabilitation. Following
receipt of required documents and approval of work, the Community
Development Program Administrator will authorize final payment.
k. Work Guarantees
Contractors will be required to guarantee all work for a period of at least one
year following contract close-out. During this period of warranty, complaints
concerning the work shall be referred to the Community Development staff.
The Community Development staff will record the complaints in writing,
inspect the problem and inform the contractor of the need to correct any work
problems which are discovered.
I. Proiect Close-Out
Following completion of the work to the satisfaction of the City and owner,
final payment to the contractor and project close-out, and completion of any
final benefit documentation, the owner shall accept the work in writing and
the project shall be closed out, subject to the continuing requirements of the
lien agreement.
m. Monitorinq
The City will periodically perform inspections and obtain information
necessary to ensure compliance with the lien agreement.
n. Revisit
Once a homeowner or property has participated in the Housing
Rehabilitation Program, the department cannot revisit the site for fifteen
years.
10
DEMOLITION AND CLEARANCE
A. Purpose
The purpose of this policy is to provide guidelines and priorities for the Demolition and Clearance
program activity of the Community Development Housing Program.
B. Approval and Administration
These policies have been approved by the Delray Beach City Commission. Administration and
implementation of these policies is the responsibility of the Community Development Program
Administrator, under the supervision of the Director of Community Improvement.
C. Demolition and Clearance Grants
Grants can be made to eligible property owners whose property is located in the neighborhood strategy
area to demolish condemned structures and clear property of debris. Demolition and Clearance activity
includes the removal of dilapidated structures, junk vehicles, scrap materials, junk, debris and other
hazard or nuisance items from the property in order to place it in a safe and sanitary condition. The
grant amount shall not exceed the actual cost of demolition and clearance. Demolition and Clearance
grants shall be available regardless of occupancy or income of the owner.
D. Eliaible Properties
Only properties located within the defined neighborhood strategy area are eligible for participation.
This designated CDBG target area is located within the City limits of Delray Beach and has the
following general boundaries:
North - Northwest 4th Street and Lake Ida Road
East - Southeast and Northeast 3rd Avenues
South - Southwest 4th Street
West - Interstate 95
E. Assistance Priorities
The principal factors considered in setting the priorities and sequence of structures to be demolished will
be:
1. Vacant structures condemned by the Building Department and are considered a threat to the
safety and health of persons living in the neighborhood.
2. Date of condemnation.
3. Cooperation of property owner.
Relocation of residents displaced from substandard or dilapidated structures as a result of
CDBG Demolition and Clearance Activities will be governed by HUD handbook #1376.1
11
"Relocation and Real Property Acquisition", and the City of Delray Beach approved Optional
Relocation Policy?
F. Grant Terms and Conditions
1. City as Agent
The owner authorizes and designates the City to act as his agent in contracting, supervising
and inspecting the work.
2. Maintenance
After completion of the work, the owner agrees to maintain the property in good condition and
will ensure that the property is kept in compliance with all applicable City codes.
3. Cooperation
The owner must agree to provide information necessary for grant administration and
monitoring, and to otherwise reasonably cooperate with CD staff in expediting the program.
G. Procedures for Implementation
1. Outreach Public Information
The following efforts will be made to make affected property owners, tenants and contractors
aware of this program of demolition and clearance.
a. Owners and lor tenants will be made aware of the program during the inspections of
residential structures conducted by the CD staff.
b. Upon notification from the City's Building Department for code compliance, CD staff will
invite the owner to participate.
c. Area contractors will be contacted to advise them of the work to be done under this
program activity. The City will encourage participation by minority contractors and will
provide assistance to them in qualifying to perform demolition and clearance activities.
H. Preliminary Inspection
The Community Development staff or designated persons, inspects units in target areas for
demolition and clearance. Units selected for program participation may be determined by:
1. Structures determined to be unsafe, dilapidated and unfit for habitation or condemned by
the City's Building Department.
2. Outward appearance of a structure.
3. Request from property owner.
I. Grant Award
After review of the preliminary inspection determination, the Community Development Program
Administrator will determine property eligible or ineligible for participation in the program. If the
12
property is determined eligible for demolition and clearance, the owner must enter into a grant
agreement with the City which sets forth the terms of the grant.
Owners may appeal a finding by the Community Development Program Administrator that a
structure is not rehabitable to the Director of Community Improvement. The City's Building
Department may be consulted in providing technical assistance in the determinations.
J. Contracts
All Demolition and Clearance contracts will be executed between the Contractor and the City,
acting as agent for the owner. The staff will confer with the owner of property to review and discuss
proposed work specifications.
K. Inspections
The Community Development Staff and the City's Community Improvement, Building Department
will periodically inspect the work to ensure compliance with contract work specifications and the
City's Building Code.
L. Payments
All contract payments shall be made by the City directly to the contractor. Contractor will be paid
total contract price upon completion of the work, final inspection of work performed by the
Community Development staff and City's Building Department to ensure that all work completed
complies with the contract and building code. The contractor shall submit an invoice for payment
and warranty documents including Owner's Certification of Completion and Compliance, City of
Delray Beach Certificate of Release and Warranty for Rehabilitation. Following the receipt of
required document and final approval of work, the Community Development Program Administrator
will authorize payment.
M. Change Orders
Changes in work that may become necessary during demolition will be negotiated by the
Community Development staff and approved in accordance with City bidding/purchasing policies.
Owners shall be consulted concerning proposed change orders. The contractor shall make no
changes in the work nor seek payment for changed or additional work without prior issuance of a
written change order.
N. Project Close-Out
Following completion of the work to the satisfaction of the City and owner, and completion of any
final benefit documentation, the City shall accept the work in writing and the project shall be closed
out, subject to the continuing requirements of the grant agreement.
M. Monitoring
The City will periodically perform inspections and obtain information necessary to ensure
compliance with the grant agreement.
13
REAL PROPERTY ACQUISITION/DISPOSITION POLICY
A. Purpose
The purpose of this policy is to provide guidelines and priorities for the acquisition and disposition
of real property utilizing the resources of the City of Delray Beach Community Development
Program.
B. Approval and Administration
These policies have been approved by the Delray Beach City Commission. Administration and
implementation of these policies is the responsibility of the Community Development Program
Administrator, under the supervision of the Director of Community Improvement.
C. Real Property Acquisition
1. Compliance with Federal/State Law
All property acquisition shall be undertaken in compliance with the "Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970" and applicable Florida
General Statutes.
2. Eligible Properties
Properties eligible for acquisition shall include properties located within the designated
community development project area.
3. Standards for Acquisition
Eligible real properties in the following categories may be acquired.
a. Easements and Rights-of-Way
Easements or rights-of-way needed for public improvements (such as public utilities,
streets, storm drainage, or sidewalks) included in community development activities
may be acquired.
b. Dilapidated and Unsafe Structures
Eligible properties containing structures that are determined to be unfit for human
habitation, dilapidated, unsafe, or contributors to blight may be acquired for clearance
and/or disposition.
c. Non-Conforming Uses
Eligible properties housing non-conforming land uses under the city zoning ordinance
may be acquired to discontinue such property uses.
d. Rehabilitation
Eligible properties containing structures suitable for adaptive reuse and/or
rehabilitation under existing City policies may be acquired for rehabilitation and
subsequent disposition.
e. Redevelopment
Eligible properties designated for redevelopment under a legally adopted
redevelopment plan may be acquired for the purposes specified and subsequently
disposed of as provided in the redevelopment plan.
f. Public Use
Properties may be acquired to provide land or facilities as site for community services,
including activities of government and semi-public agencies.
g. Economic Development
14
Properties may be acquired to promote community economic development if it is
determined that this will (one or more):
1. Improve the strength or viability of a commercial area
2. Provide needed support services (such as parking, amenities, etc.)
3. Improve employment opportunities in the community
4. Improve the strength or viability of existing business services
5. Attract new business ventures and/or provide essential business services
6. Attract a more desirable commercial land use
7. Attract new, desirable development
D. Real Property Disposition
1. Objectives
The City may dispose of properties acquired under this program in order to further the
objectives of its community development program.
2. Standards
The following purposes are considered typical, but not exclusive, reasons for which the City
may dispose of properties acquired under this program.
a. To provide easements or right-of-way to public agencies or utilities for construction of
public improvements or provision or public services.
b. To provide locations and incentives for new private development (residential,
commercial, industrial).
c. To attract new occupancy, business operations, investments, essential services.
d. To provide land and/or facilities for community services or facilities, including activities
of public and semi-public agencies.
e. To stimulate new employment, commercial area revitalization, or location of more
desirable land uses.
f. To carry out other purposes of the City's community development program.
3. Conditions
All dispositions of property under this program shall be made subject to contractual conditions
and/or covenants insuring the continuing use of the property for purposes consistent with
community development program objectives.
15
BOOTSTRAP PROGRAM
The Bootstrap Program is created to assist property owners with maintaining and enhancing their
neighborhood environment through the upgrading of exterior improvements related to single family and
some multifamily dwelling units. The program can provide for the phasing of needed improvements over a
given period of time. Our focus will be on the paint-up/fix-up component which will include simple repairs,
paint jobs, yard clean-up and simple landscaping work.
A. Eligibility Requirements
To qualify for the program, applicants must meet the following criteria.
1. Owner-occupant of a single family or duplex unit, or investor owner of residential units. Owner-
occupant must reside in the unit for a minimum of one year prior to applying for assistance.
2. Qualify under income eligibility guidelines.
3. Dwelling must be located in one of the neighborhoods designated by the Comprehensive Plan for
assistance with stabilization.
4. Dwelling is in need of at least one of the exterior improvements listed on the eligible activity list.
5. Provide documentation to verify that property taxes and mortgage are in good standing.
B. Definition of Eligibility Requirements
1. The following is a list of definitions pursuant to terms used within the Bootstrap Program:
a. Owner-Occupied Unit - Owner-occupied, single family or duplex units. Applicant must
present a copy of the deed to establish ownership.
b. Income Eligible - To qualify for either a grant or a matching grant, applicants must meet
the criteria established based on maximum annual income (see Income Eligibility
Guidelines)
c. Property Location - Consideration is given to units located within one of the 18
neighborhoods defined by the Comprehensive Plan, Housing Element and identified by the
Residential Categorization Map as stabilization /revitalization or rehabilitation/revitalization
areas requiring Bootstrap Program activities. At its designated annual meeting, the
Neighborhoods Task Team will provide a neighborhood priority list.
d. Exterior Improvements - Repairs and improvements to the exterior of the dwelling (See
eligible Improvements).
e. Property Taxes Current and Mortgage in Good Standing - Applicants will be asked to ask
to furnish proof of paid property taxes for the current tax period and provide verification
that their mortgage is current.
1. Applications received from residents outside the designated priority neighborhoods may be
considered during fiscal year should the demand from the designated priority areas not exceed the
amount of funds available for a designated time period.
16
2. Income Eligibility Guidelines
Financial assistance may be provided by the City to eligible households in the form of full or
matching grants.
C. Full Grant - A $10,000 maximum full grant will be available to qualified owners of owner-occupied
single family and duplex units who meet the following income limits (See Table 1).
Household whose gross annual income does not exceed 80% of the median income for Delray Beach.
Median income is defined and published by the federal government.
Priority consideration will be given to households whose fixed household expenses exceed 45% of their
gross monthly income and/or situations where the head of the household is a physically challenged
individual or considered to be a senior citizen (62+).
Fixed household Expenses are defined as mortgage/rent utilities real estate taxes, insurances (hazard,
flood).
D. Matching Grant - A matching grant is defined as a portion improvement costs incurred for
improvements being awarded to the applicant by the City. The applicant will be responsible for the
difference between the grant award and the total costs of improvements not to exceed $10,000. The
following phase of match, Le. 50%, 40%, 30% :
1. Grant Terms and Conditions
All funds provided by the City, full grants and matching grants, will be monitored by City staff.
a. Income Verification - Written verification of income shall be required to document the
applicant's income eligibility. Refer to Table 2 for income limits.
b. Eligibility Improvements - The Bootstrap Program is designed to provide assistance to
owner-occupied units for Exterior improvements. Eligible improvements consist of:
. Exterior painting
. Replacing broken windows, shutters, screens, awnings
. Roof work - Minor repairs or replacement
. Landscaping and irrigation
. Driveway and carport repairs
. Fence repairs
. Replacement of missing or rotten siding
. Gutters and downspouts
. Porch and stair repairs
The City encourages residents to perform as many of the tasks that do not require licensed contractors and
for which they are capable of executing themselves. For those residents that are with landscaping and
paint suppliers to provide the residents with materials at a below retail cost (see Procedures for
Implementation).
17
E. Procedures for Implementation
1. Inspection and Work Specifications
After an applicant is determined to be eligible for the Bootstrap Program, City staff persons will
inspect the dwelling and the surrounding property to determine the work needed based upon the
eligible improvements as listed above. Staff will then proceed with a detailed work write-up which
will outline the nature of the improvements needed, the needed work can be completed by the
homeowners.
2. Review of Work-Write With Homeowner
Following the preparation of the work write-up by staff, the staff will confer with the homeowner
regarding the nature of the proposed work and to determine what tasks can be completed by the
homeowner, by volunteers or a contractor. The homeowner must agree with the work will be
performed.
3. Contracted Work
Following the conference with the homeowner regarding the proposed work, if it is determined that
a contractor will be required to perform the work, consent must be given by said homeowner to the
work specifications before the contractor is selected. Any issues relating to work which are not
resolved in conference may be referred to the Director of Community Improvement.
Once consent has been obtained from the homeowner, the City staff will select a contractor in
accordance with the City's Purchasing Policies and Procedures.
Participating contractors shall be certified and licensed according to the area of needed repair.
Minority contractors shall be encouraged and solicited for participation in this program.
Contracts shall be between the Homeowner and the contractor with the City serving as agent for
the owner. Periodic inspections shall be made by the City's Community Development Rehab
Specialist and the Building specifications and the City's Building Code.
All contract payments shall be made by the City directly to the contractor. Following the completion
of the work, the Contractor will be paid in accordance with the terms specified. Upon completion of
the work, a final inspection will be performed by the City's Rehab Specialist and the City's Building
Department to ensure that all work completed complies with the contract and building code. The
contractor shall submit an invoice for payment, releases of liens and warranty documents.
Following the receipt of the required documents and final approval of work, the Neighborhood
Housing Specialist will authorize payment.
Changes in work that may become necessary during a repair job will be negotiated by the City
Rehab Staff person(s) and approved in accordance with City purchasing policies. Owners shall be
consulted concerning proposed change orders. The contractor shall make no changes in the work
nor seek payment for changed or additional work without prior issuance of a written change order.
18
EMERGENCY REPAIR PROGRAM
A. Purpose
The City of Delray Beach through its Community Development Block Grant Program (CDBG)
makes available grants to assist project area property owners in making improvements to their
homes and properties. The Emergency Repair program is being developed to supplement the
Housing Rehabilitation Element of the CDBG program to address immediate emergency repairs.
B. Approval and Administration
These policies and procedures are supplemental to the City Commission approved policies and
procedures dated February 11, 1986. Administration and implementation is the responsibility of the
Community Development Program Administrator, under the supervision of the Director of
Community Improvement.
C. Program Description
1. Emergency Repair (Deferred Payment 0% interest) Loans
Deferred, payment loans of up to $10,000 can be made to eligible property owners to
correct code violations which are determined to be detrimental to the health and safety of
the residents; or to correct code violations which if allowed to go unaddressed subjects the
applicant to immediate fines by the Coty's Code Enforcement Board.
2. Designated Target Area
The target area shall be the same area as designated by the City Commission for the total
CDBG program:
North - Northwest 4th Street and Lake Ida Road
East - Federal Highway
South - Linton Boulevard
West -Interstate 95
Only those properties located within the boundaries of the CDBG designated target area
eligible for emergency repairs.
3. Family Eligibility Requirements
A. Ownership and Residence
Emergency Repair loans shall be available to owner-occupants located within the
boundaries of the designated target area. Owner-occupant must reside in the unit
for a minimum of one year prior to applying for assistance.
B. Income
Income limits for all eligible applicants will be the revised Section 8 income limits
as developed and distributed by HUD. The division will use the most current
income limits.
C. Income Verification
Written verification of income shall be required to document the applicant's income
eligibility. Self-employed applicants may provide a copy of his/her tax return from
19
the previous two years. In addition, the applicant or his or her bookkeeper should
supply an income and expense report for at least the past three months.
D. Assets
For the purpose of determining eligibility for housing assistance under the CDBG
program, assets may not exceed $15,000 per household. All assets held by each
member of an applicant's household must be verified, including the value of equity
in real estate other than the applicant's principal residence.
Assets include: checking accounts, savings accounts, certificates, stocks, bonds,
real estate, etc. The value of necessary items such as furniture, assets. Applicants
may provide documentation of assets by submitting bank statements, bank books,
interest statements from banks, and tax records.
All income derived from assets will be included in the applicant's gross income
amount. The appraised value of an applicant's real estate minus any mortgage
held on the property shall be considered as the net asset.
4. Grant Terms, Conditions
The terms and conditions of Emergency Loans shall be the same as the established
policies and procedures of the Housing Rehabilitation program.
5. Assistance Priorities
The principle factor to be considered in setting the priorities and sequence of housing to be
assisted will be severity of need (such as major weatherization problems or imminent
threats to health and safety). These funds will be made available on a first come, first
served basis.
6. Procedures for Implementation
A. Preliminary Inspection
The CDBG staff or designated persons, inspects unit in target area in order to
determine the level of deficiency, and to determine whether the unit is eligible for
emergency repair. Units selected for inspection shall be inspected at the request
of the owner-occupant or as a referral from the City's Code Enforcement Division.
The primary code violations to be addressed as emergency repair items are:
1. Leaking Roofs
2. Unsanitary/Unsafe Plumbing
3. Unsafe Electrical Wiring
4. Other, as determined by the Inspector, CD Program Administrator or
Director of Community Improvement
B. Applications
The application process shall be the same as for the Housing Rehabilitation
Program, since selected projects will come from the Housing Rehabilitation waiting
list.
20
C. Work Write-Up
If a dwelling unit is found to be eligible for assistance, the Community
Development Staff will proceed to prepare a detailed description of the nature of
the needed repair. This description may require further inspection and may include
consultation with the Building Inspections Division.
D. Pre-Bid Conference
Following the preparation of the work write-up by staff, the staff shall confer with
the owner to review and discuss the proposed work specifications prior to bidding.
The owner must consent to the work specifications before bidding. Any issues
relating in work to be performed which are not resolved in conference may be
referred to the Community Development Program Administrator.
E. Contracting and Construction
Following the pre-bid conference with the owner, the Community Development
staff will prepare quote documents in accordance with the City's Purchasing
Policies and Procedures. Due to the emergency nature of this program, informal
(written) quotes format least three contractors shall be obtained.
Contractors shall be certified and licensed according to the area of needed repair.
Minority contractors shall be encouraged and solicited for participation in this
program. Contracts shall be between the Owner and the Contractor with the City
serving as agent for the owner.
F. Inspections
The City's Community Development and Building Inspection staff shall periodically
inspect to ensure compliance with contract work specifications and the City's
Building Code.
G. Payments
All contract payments shall be made by the City directly to the contractor.
Contractor will be paid total contract price upon completion of the work, with final
inspection of work performed by the CD staff and City's Building Department to
ensure that all work complies with the contract and building code. The contractor
shall submit and invoice for payment, releases of liens and warranty documents.
Following the receipt of required documents and final approval of work, the
Community Development Program Administrator will authorize payment.
I. Change Orders
Changes in the work that may become necessary during repair work will be
negotiated by the Community Development staff and approved in accordance with
City bidding/purchasing policies. Owners shall be consulted concerning proposed
change orders. The contractor shall make no changes in the work nor seek
payment for changed or additional work without prior issuance of a written change
order.
21
I. Project Close-Out
Following completion of the work to the satisfaction of the City and owner, and
completion of any final benefit documentation, the City shall accept the work in
writing and the project shall be closed-out, subject to the continuing requirements
of the agreement per the policies and procedures of the Housing Rehabilitation
program.
J. Monitoring
The City will periodically perform inspections and obtain information necessary to
ensure compliance with the lien agreement, if applicable.
22
DISASTER RELIEF PROGRAM
A. Purpose
The City of Delray Beach through its State Housing Initiatives Partnership (SHIP) program makes
available funds to assist property owners in making emergency improvements to their homes and
properties in the event of a naturally disaster as declared by local, state or federal government.
B. Approval and Administration
These policies and procedures are supplemental to the City Commission approved policies and
procedures dated February 11, 1986. Administration and implementation is the responsibility of the
Community Development Program Administrator, under the supervision of the Director of
Community Improvement.
C. Program Description
1. Disaster Relief Grants
Grants of up to $15,000 can be made to pay for insurance deductible eligible property
owners to repair eligible housing which are determined to require post disaster assistance.
2. Designated Target Area
Residence must be located within the municipal boundaries of Delray Beach.
3. Family Eligibility Requirements
a. Ownership and Residence
Disaster Relief grants shall be available to owner-occupants located within the
municipal boundaries of Delray Beach.
b. Income
Income limits for all eligible applicants will be the revised Section 8 income limits
as developed and distributed by HUD. The division will use the most current
income limits.
c. Income Verification
Written third-party verification of income shall be required to document the
applicant's income eligibility. Self-employed applicants may provide a copy of
his/her tax return from the previous two years. In addition, the applicant or his or
her bookkeeper should supply an income and expense report for at least the
past three months.
d. Assets
For the purpose of determining eligibility for housing assistance under the SHIP
program, all assets held by each member of an applicant's household must be
verified, including the value of equity in real estate other than the applicant's
principal residence.
Assets include: checking accounts, savings accounts, certificates, stocks, bonds,
real estate, etc. The value of necessary items such as furniture and assets, etc.
23
Applicants may provide documentation of assets by submitting bank statements,
bank books, interest statements from banks, and tax records.
All income derived from assets will be included in the applicant's gross income
amount. The appraised value of an applicant's real estate minus any mortgage
held on the property shall be considered as the net asset.
4. Grant Terms, Conditions
Assistance will be provided in the form of a grant, so individual households will not be
required to repay funds used however; the homeowner cannot reapply to participate in the
program for another five years.
5. Assistance Priorities
The principle factor to be considered in setting the priorities and sequence of housing to be
assisted will be severity of need (such as major weatherization problems or imminent
threats to health and safety). These funds will be made available on a first come, first
qualified basis.
6. Procedures for Implementation
This program will be implemented only in the event of a natural disaster declaration using
any SHIP funds that have not been encumbered.
The primary items to be addressed as disaster items are:
1. Emergency Supplies to weatherproof damaged homes
2. Interim repairs to avoid further damage
3. Tree and Debris Removal
4. Post-Disaster Assistance with non-insured, structural repairs
a. Applications
The application process shall be the same as for the Housing Rehabilitation
Program.
b. Work Write-Up
If a dwelling unit is found to be eligible for assistance, the Community
Development Staff will proceed to inspect items described by the homeowner.
This description may require further inspection and may include consultation with
the Building Inspections Division.
c. Contracting and Construction
Following the eligibility approval of the applicant file by staff, the staff shall confer
with the owner to retrieve contractor quotes for each item that will be addressed
per the City's Purchasing Policies and Procedures. The department and
homeowner must consent to the work specifications before bidding. Any issues
relating in work to be performed which are not resolved in conference may be
referred to the Community Development Program Administrator.
24
Contractors shall be certified and licensed according to the area of needed repair.
Minority contractors shall be encouraged and solicited for participation in this
program. Contracts shall be between the Owner and the Contractor with the City
serving as agent for the owner.
d. Inspections
The City's Community Development and Building Inspection staff shall periodically
inspect to ensure compliance with contract work specifications and the City's
Building Code.
e. Payments
All payments shall be made by the City directly to the contractor. Contractor will be
paid contract price minus the difference of Homeowner's Insurance Policy
Payments, Florida Emergency Management Agency (FEMA) funding assistance
and all other leverage assistance options provided to the homeowner for disaster
relief upon completion of the work, final inspection of work will performed by the
CD staff and City's Building Department to ensure that all work complies with the
contract and building code. The contractor shall submit and invoice the City of
Delray Beach for payment. Following the receipt of required documents and final
approval of work, the Community Development Program Administrator will
authorize payment.
f. Change Orders
The contractor shall make no changes in the work nor seek payment for changed
or additional work without prior issuance of a written change order.
g. Grant Close-Out
Following completion of the work to the satisfaction of the City and owner, and
completion of any final documentation, the City shall accept the work in writing and
the project shall be closed-out.
25
Table 1 - HUD Income Guidelines
Income Percentage Number of Persons in Household
Level Category 1 2 3 4 5 6 7 8
Very Low 30% 13,500 15,450 17,350 19,300 20,850 22,400 23,950 25,500
(0% - 50%)
35% 15,785 18,025 20,300 22,540 24,360 26,145 27,965 29,750
40% 18,040 20,600 23,200 25,760 27,840 29,880 31,960 34,000
45% 20,295 23,175 26,100 28,980 31,320 33,615 35,955 38,250
Low 50% 22,550 25,750 29,000 32,200 34,800 37,350 39,950 42,500
(51% - 80%)
55% 24,800 28,300 31,850 35,400 38,250 41,050 43,900 46,750
60% 27,060 30,900 34,800 38,640 41,760 44,820 47,940 51,000
70% 32,200 36,800 41 ,400 46,000 49,700 53,350 57,050 60,700
Moderate 80% 36,050 41,200 46,350 51,500 55,600 59,750 63,850 68,000
(81% - 120%) 100% 46,000 51,500 57,950 64,400 69,550 74,700 79,850 85,000
Median 64,400 120% 54,120 61,800 69,600 77 ,280 83,520 89,640 95,880 102,000
High Moderate 140% 63,150 72,150 81,150 90,160 97,380 104,590 111,800 119,020
(121%-140%)
(Income eligibility limits subject to change as per the U.S. Dept of HUDJ
Table 2 - Matching Grants for Bootstrap Program
Income eli ibili
o - 80%
81-100%
101-120%
Table 3 - Income Eligibility by Funding Source
City of Delray Beach Income Eligibility by funding source
CDBG o - 80%
SHIP 0-100%
Bootstrap o - 120%
26
Agenda Item No.: <is. H
AGENDA REQUEST
Request to be placed on:
_ Regular Agenda
_ Special Agenda
_ Workshop Agenda
~ Consent Agenda
Date: March 15, 2007
When: March 20,2007
Description of item:
Approval is requested to amend the Community Development Division's overall program
description. The program description serves primarily as an internal document which serves as a
guide to staff on standard operating procedures.
ORDINANCE/RESOLUTION REQUIRED: Yes/No
Draft Attached: Yes/No
Recommendation:
Staff recommends approval of the amended Program Description which specifies the standard
operating procedures for Federal, State and Local program administration under the Department of
Community Improvement, Community Development.
Department Head Signature: ~ ~..:::=----..
City Attorney Review/Recommendation (if applicable):_
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: YES/NO
Funding Alternatives:
Account No. & Description:
Account Balance:
( if applicable)
City Manager Review: J
Approved for Agenda: @/NO[lfr
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
.1/
0'/\
trrul
MEMORANDUM
DATE:
David T. Harden, City Manager
Lula Butler, Community Improvement Director tV
Elizabeth B. Alpert, Community Development Administrate
March 14,2007
TO:
THRU:
FROM:
SUBJECT:
Request to exceed funding amount for 1 Housing rehab project
ITEM BEFORE THE COMMISSION
Approval is requested to exceed the housing rehab CDBG grant limit of $35,000 in order to
address unforeseen health and safety concerns for one (1) housing rehabilitation grant located at
102 SW 8th Avenue. The revised grant amount being requested to make necessary repairs is not
to exceed a total of $41,000. Funding for this project is available through the Community
Development Block Grant (CDBG)- Account number 118-1963-554-49.19.
BACKGROUND
At the December 5,2006 meeting, City Commission approved one (1) housing rehabilitation grant
(102 SW 8th Avenue) in the amount of $33,589.50. As the project progressed, several additional
and previously unforeseen health and safety concerns were identified by the Housing
Rehabilitation Inspector. In order to address these issues accordingly, staff is requesting that
Commission authorize an exception to the housing rehab grant limit ($35,000). The revised grant
amount being requested to make necessary repairs to 102 SW 8th Avenue is not to exceed a total
of $41,000.
RECOMMENDATION
Staff recommends approval of request to exceed the housing rehab grant limit of $35,000 in order
to address unforeseen health and safety concerns for one (1) housing rehabilitation grant located
at 102 SW 8th Avenue. The revised grant amount being requested to make necessary repairs is
not to exceed a total of $41 ,000.
<3.X
MEMORANDUM
TO: David T. Harden, City Manager
THRU: ~ Lula Butler, Community Improvement DirectofB
FROM: Elizabeth B. Alpert, Community Development Administrator i
DATE: March 14,2007
SUBJECT: Request to exceed funding amount for 1 Housing rehab project
ITEM BEFORE THE COMMISSION
Approval is requested to exceed the housing rehab CDBG grant limit of $35,000 in order to
address unforeseen health and safety concerns for one (1) housing rehabilitation grant located at
102 SW 8th Avenue. The revised grant amount being requested to make necessary repairs is not
to exceed a total of $41,000. Funding for this project is available through the Community
Development Block Grant (CDBG) - Account number 118-1963-554-49.19.
BACKGROUND
At the December 5,2006 meeting, City Commission approved one (1) housing rehabilitation grant
(102 SW 8th Avenue) in the amount of $33,589.50. As the project progressed, several additional
and previously unforeseen health and safety concerns were identified by the Housing
Rehabilitation Inspector. Items to be addressed are as follows:
. Termite Infestation - Upon inspection, Arrow Exterminators Inc., identified severe eastern sub-
terrainian termite and dry-wood termite infestation throughout the home. While Arrow can typically
assist our clients with a less expensive "alternative treatment" approach, the extent of infestation at
102 SW 8th Avenue will instead require full fumigation and tenting.
. Carpet & Paint - When our Housing Rehab Inspector originally inspected the unit, the owner had
extensive clutter and furniture piled throughout the house covering the majority of the carpet and
walls. Once these items were removed, it was identified that the carpet was soaked in cat urine
(the owner had at least a dozen feral cats occupying the house which have since been removed by
our Animal Control Officer). In addition, it was identified that the walls were painted with the
incorrect interior paint and both ceilings and walls were peeling and stained.
. Fans & Lights - Items and clutter were piled to the ceiling in both bedrooms when the Housing
Rehab Inspector conducted his initial visit. Once items were removed, it was identified that the
fans were broken and wiring was hanging loose from the ceiling.
. Bathroom vanity and medicine cabinet - When the contractor removed these items to complete
other bathroom work, there was severe termite and cockroach infestation behind both units. It was
identified that these items should be replaced.
. Oven/stove - The existing unit is more that 20 years old and several of the burners are broken.
The inspector did not identify this during his initial visit.
In order to address these issues accordingly, staff is requesting that Commission authorize an
exception to the housing rehab grant limit ($35,000). The revised grant amount being requested to
make necessary repairs to 102 SW 8th Avenue is not to exceed a total of $41 ,000.
RECOMMENDATION
Staff recommends approval of request to exceed the housing rehab grant limit of $35,000 in order
to address unforeseen health and safety concerns for one (1) housing rehabilitation grant located
at 102 SW 8th Avenue. The revised grant amount being requested to make necessary repairs is
not to exceed a total of $41 ,000.
Agenda Item No.: ~
AGENDA REQUEST
Request to be placed on:
_ Regular Agenda
_ Special Agenda
_ Workshop Agenda
__x__ Consent Agenda
Date: March 14,2007
When: March 20, 2007
Description of item:
Approval is requested to exceed the housing rehab CDBG grant limit of $35,000 in order to
address unforeseen health and safety concerns for one (1) housing rehabilitation grant located at
102 SW 8th Avenue. The revised grant amount being requested to make necessary repairs is not
to exceed a total of $41 ,000.
ORDINANCE/RESOLUTION REQUIRED: Yes/No
Draft Attached: Yes/No
Recommendation:
Staff recommends approval of request to exceed the housing rehab CDBG grant limit of $35,000 in
order to address unforeseen health and safety concerns for one (1) housing rehabilitation grant
located at 102 SW 8th Avenue. The revised grant amount being requested to make necessary
repairs is not to exceed a total of $41,000. Funding for this project is available through the
Community Development Block Grant (CDBG) - Account number 118-1963-554-49.19.
~l
Department Head Signature: ,--
City Attorney Review/Recommendation (if applicable):_
Budget Director Review (required on all items involving expenditure of funds):
, vfV~ 8\ \ 511V\
Funding Available: RE~O ( ... ,
Funding Alternatives: 9\8 - \ q~~ -5~4 - l.[q ,l1 ( if applicabl~) . . ~. u.f,
Account No & Description: ~~!\~t'~>~ r$.~>''K t\:. U,..,b,'~ Oil
Account Balance: . ') ,1, '7 . a/!" Jvv1~~' - l f'
I~ ~I nfJe...u \ (\ A'~(\ 0,
City Manager Review: r::....~ /) 0 vi,. J' ,
Approved for Agenda: ~~/NO ~. zlL i \../.Pft.i 31151 () '1
Hold Until: ~
Agenda Coordinator Review:
Received:
Placed on Agenda:
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGEDi1,
AGENDA ITEM N . J - REGULAR MEETING OF MARCH 20. 2007
CONSTRUCTION CONTRACT I HARTZELL CONSTRUCTION, INC.
SUBJECT:
DATE:
MARCH 15, 2007
This is before the City Commission to approve a construction contract with Hartzell Construction,
Inc., in the amount of $98,796.00 for the construction of concrete sidewalks, clearing and grubbing,
and sodding swales along SW 4th Street, SW 11 th Avenue and SW 10th Avenue.
Funding is available
Fund/Bikepaths/ Sidewalks).
from
118-1965-554-63.11
(Community
Development
Staff recommends approval of a construction contract with Hartzell Construction, Inc., in the amount
of $98,796.00 for the construction of concrete sidewalks, clearing and grubbing, and sodding swales
along SW 4th Street, SW 11th Avenue and SW 10th Avenue.
S:\City Oerk\AGENDA COVER MEMOS\City Manager Memos\HartzeU Construction Inc.03.2IJ.07.doc
City Of Delray Beach
Department of Environmental Services
MEMORAN
D
u
M
www.MyDelrayBeach.com
TO:
David T. Harden, City Manager
FROM:
Begoiia Krane, E.I.T.
DATE:
February 26, 2007
SUBJECT: Community Improvement Sidewalk
Project # 2006-067
Commission Agenda Item
The attached agenda item is for Commission approval/authorization for the Mayor to execute
construction contract with Hartzell Construction., Inc. for the construction of Sidewalk.
This construction contract includes the following improvements: Concrete sidewalk along three
streets. Also, includes Clearing and Grubbing, and Sodded Swales.
SW 4th Street (SW 12th Ave to SW 10th Ave)
SW 11th Ave (SW 4th Street to SW 3rd Street)
SW 10th Ave (SW 4th Street to SW 3rd Street)
Four bids were received for this project. Hartzell Construction., Inc. was low with a total bid
amount of $98,796.00. The bid tabulation is attached. The engineer's estimate for this project
was $106,000.00.
Funding is available as follows:
Funding Source
Account Number
Funding
Required
$98,796.00
$98,796.00
2006 Community Development 118-1965-554.63-11
Total
A location map is attached.
Please place this on the March 20, 2007 commission agenda.
enc
cc: Richard Hasko, P.E., Director of Environmental Services
Joseph Safford, Finance Director
Randal Krejcarek, P.E., City Engineer
City Clerk's Office
Agenda File
Project File #2006-067 (A)
file
C:IDocuments and SettingslsmithdlLocal SettingslTemporary Internet FilesIOLKD5E\03-20-07agenda memo. doc
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" CITY of DELRA Y BEACH COMMUNITY IMPROVEMENT DA1E:OJ/ll6/2007
ENVR:N.4ENTAL SERVICES OEPAFmAENT SIDEWALKS SIDEWALKS
.. 8CUIH 8WIIIaI AVEHE. DEL.RAY EACH. A...OfmA 18444 00- 000
Date:
February 26. 2007
AGENDA ITEM NUMBER: ~. J
AGENDA REQUEST
Request to be placed on:
-X-Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When:
March 20. 2007
Description of Agenda Item (who, what, where, how much):
The attached agenda item is for Commission approvalJauthorization for Mayor to execute
Contract with Hartzell Const., Inc. This Contract is for Community Improvement Sidewalk.
Total cost for this Contract is $98,796.00. Funding is provided as follows:
Account #
118-1965-554-63.11
Description
Hartzell Const., Inc
Contract Amount
$98,796.00
Total
$98,796.00
Account Balance
$108,g5;j.~'7
/5(20'11.13 ~
ri/5/1l7
Staff Recommendation:
Department Head Signature: ~-1- ()
Acc.+~OK '3 ,,15 -D1
City Attorney ReviewlRecommendatlOn (if applicable):
Budget Director Review (required on all items involvingr,xpenditure of funds):
L~)r1fa;) ai/51 0 '1
Funding Available: ~ / No Initials: -';./ . ,
See above \ II} -l ~ '6 -5S 4-" 3.1\ . Ii
See above UJ/l1r>1 L~ DWtlLpm!. -'1), ~ f"!,,S/>_ t wa4I(
See above ~150, 0 .1-.3 ~~ Ihld ~~~
(if applicab~eJ ~~
; fl f7rt ( Y 0'01.
Account Number
Description
Account Balance:
Funding Alternatives:
City Manager Review:
Approved for Agenda: @ I No Initials: 4
Hold Until:
Agenda Coordinator Review:
Received:
s: \:E:ngAdmin \Projects \2006\2006-067\OFFI CIAL \2007march20agenda.doc
Page I of I
Harden, David
From: Kristen Puhalainen [KPuhalainen@co.palm-beach.f1.us]
Sent: Friday, March 16,200710:15 AM
To: James Titcomb
Subject: County Charter Amendment
Attachments: Sample_Reso_County_Charter.doc; Charter petition-2007.pdf
Dear Mayors and Managers,
There has been some confusion regarding an e-mail sent yesterday. Let me clarify.
Attached here you will find a petition being circulated to alter our County Charter to bring true home rule to
the municipalities in Palm Beach. This petition drive began Tuesday at some municipal polling locations.
On Wednesday the Board of Directors of the Palm Beach League of Cities voted to support the petition drive
and made a financial contribution to the Let Us Vote political committee. Let Us Vote was formed to facilitate
the citizen initiative. The Let Us Vote Committee is chaired by Palm Beach Mayor Jack McDonald.
Also attached is a sample resolution declaring that the proposed charter change serves a public purpose and
authorizing the use of funds and dissemination of information regarding the change.
Kristen Puhalainen
Executive Assista nt
Palm Beach County League of Cities, Inc.
Tel: 561-355-4484/Fax: 355-6545
kpu ha lainen@pbcgov.com
www.leagueofcities.org
***
eSafe scanned this email for malicious content ***
IMPORTANT: Do not open attachments from unrecognized senders
***
***
3/16/2007
<6.~
Le
te
What is this about?
It is about giVing municipal voters a
greater say in setting local community
standards and regulations. Both city
voters and county voters would have to
agree to charter changes affecting city
government function, service, power or
authority.
What might be affected?
County regulations affect many city
issues such as planning, land use and
zoning. City residents would have more
influence over local rules.
Why should I sign this petition?
We're asking you to sign this petition to
allow this question on a future ballot.
We want everyone to have the chance
to vote on this important issue.
This is a voting rights
issue - all we want is
the chance to vote.
Pd. Pol. Adv. paid for by the Let Us Vote Political
Committee, PO Box 3286, Palm Beach, FL 33480.
RESOLUTION NO. 24-07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA (THE "CITY") FINDING THAT THE EXPENDITURE OF
MONEY IN SUPPORT OF THE PROPOSED AMENDMENT TO THE PALM
BEACH COUNTY CHARTER SERVES A PUBLIC PURPOSE; PROVIDING
THAT THE DISSEMINATION OF INFORMATION CONCERNING THE
IMPACTS OF THIS AMENDMENT ON THE CITIZENS OF THE COUNTY
AND THE CITY IS ESSENTIAL TO THE HEALTH, SAFfEY, PROTECTION
AND WELFARE OF THE CITY AND ITS CITIZENS; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Board of County Commissioners has proposed certain amendments to the
Palm Beach County Charter (the "Charter") over the years; and
WHEREAS, pursuant to the Charter, the citizens may also propose changes to the Charter;
which proposed changes must be placed on the ballot for referendum if all criteria set forth in the
Charter have been met; and
WHEREAS, such an amendment is being proposed by the citizens by means of a petition drive
and will be subject to approval by the voters if sufficient signatures are gathered and if it meets all
criteria set forth in the Charter and applicable State Law; and
WHEREAS, the City of Delray Beach desires that its citizens be fully informed as to the impact
of this proposed amendment; and
WHEREAS, the City Commission believes that it is a duty of local democratic government to
assist its citizens in understanding issues of great importance to them by providing information in order
that they may make an informed choice; and
WHEREAS, the City Commission believes that such municipal leaders have a duty and a right
to offer their opinion as to which course of action they think would be best for the City and its citizens,
and that such use of their offices is clearly for a public purpose.
NOW THEREFORE, BE IT RESOLVED by the City Commission of the City of Delray
Beach, Florida that:
Section 1: The City Commission finds that it is necessary and in the public interest of the
citizens of the City of Delray Beach and the City, and essential to the health, safety, protection and
welfare of the citizens of the City of Delray Beach and the City, for the City to expend public funds and
resources, to utilize the time of its employees, and to utilize its various methods of communication
(including but not limited to television, print, and internet communications) in order to educate the
public concerning the proposed referendum question which is attached hereto as Exhibit A and the
impact it will have on the City and its citizens.
Section 2:
This resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED this
day of March, 2007.
MAYOR
A TIEST:
CITY CLERK
2
RES. NO. 24-07
PALM BEACH COUNTY CHARTER AMENDMENT PETITION FORM
Under Florida law, it is a first degree misdemeanor to knowingly sign more than once a petition or petitions for a candidate, a minor
political party, or an issue. Such offense is punishable as provided in s. 775.082 or s. 775.083. [Section 104.185, Florida Statutes]
Name
Date of Birth
Please Print Name as it Appears on Voter Information Card
Residential Street Address
a~ np
I am a registered voter of Palm Beach County and hereby petition the Supervisor of Elections to place the following ballot title,
summary and charter amendment on the ballot in the next election available for such purpose pursuant to Section 6.3 of the Palm
Beach County Charter after final verification of the full number of signatures necessary by the Supervisor of Elections.
BALLOT TITLE: Requires Both County and Municipal Voter Approval for Charter Amendments Affecting
Municipal Powers or Functions
BALLOT SUMMARY: Shall Article 6, Section 3 of the Palm Beach County Home Rule Charter be amended to
require that a majority of Voters of Palm Beach County and a majority of Voters in each municipality voting in
a referendum must approve any amendment to the Charter which transfers or limits a function, service, power
or authority of any municipality in the county?
FULL TEXT OF THE PROPOSED AMENDMENT:
Section 6.3 Home Rule Charter Amendments
ill Amendments to this Home Rule Charter may be proposed by the Board of County Commissioners by an
affirmative vote of at least four (4) members, subject to approval by the voters of Palm Beach County in a
referendum. The Home Rule Charter amendment may also be initiated by seven (7) percent of the number
of voters qualified to vote in the last general election, and the initiated amendment shall be presented and
verified in the manner and time set forth in Article V, Section 5.1. The Home Rule Charter amendment so
initiated shall be placed on the ballot on the first Tuesday after the first Monday in November of any year or
in connection with a presidential preference primary occurring at least thirty (30) days after verification. If
approved by a majority of those who voted, the Home Rule Charter amendment shall become effective on
the date specified in the amendment, or, if not so specified, on January 1 following the election. Each
amendment to this Home Rule Charter shall be limited to a single and independent subject.
ill Notwithstanding subsection (1). absent the approval ofa maiority of the voters of Palm Beach County
voting in a referendum. and the approval of a maiority of the voters of each municipality voting in a
referendum. this Charter may not be amended to transfer or limit a function. service. power or authority of
any municipality within the County.
[Note: Language underlined is new language that is proposed to add to the charter.]
X
SIGNATURE OF REGISTERED VOTER
DATE OF SIGNATURE
Pd. Pol. Adv. paid for by the Let Us Vote Political Committee, PO Box 3286, Palm Beach, FL 33480.
MEMORANDUM
TO:
FROM:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGE~
AGENDA ITEM :'t. U - REGULAR MEETING OF MARCH 20. 2007
AGREEMENT /SERVICE AUTHORIZATION NO. l/GLATTING
JACKSON KERCHER ANGLIN. INC.
SUBJECT:
DATE:
MARCH 15, 2007
This is before the City Commission to approve an agreement and Service Authorization No.1 with
GlattingJackson Kercher Anglin, Inc. for professional consulting services in conjunction with the Old
School Square Cultural Arts Center Expansion Project. The proposed fees for Phase I total
$128,500.00.
Funding is available from 334-4151-572-63.59 (Improvements Other/Old School Square Park
Improvements).
Staff recommends approval of a agreement and Service Authorization No.1 with Glatting Jackson
Kercher Anglin, Inc. for professional consulting services in conjunction with the Old School Square
Cultural Arts Center Expansion Project.
S:\City Qerk\AGENDA COVER MEMOS\AGENDA COVER MEMOS\Service Authorization Agenda Memos\ServiceAuth.#1 OSS Cultural Arts Ctr Exp
Project.GlattingJ ackson.03.20.07.doc
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN
D
u
M
www.mydelraybeach.com
TO:
David T. Harden, City Manager
Richard C. Hasko, P.E., Enviroomental Services Director ~
FROM:
SUBJECT:
OLD SCHOOL SQUARE CULTURAL ARTS CENTER EXPANSION
DATE:
March 16,2007
Attached is an agreement for professional consulting services along with Service Authorization No. I
for Glatting Jackson Kercher Anglin, Inc., for professional consulting services in conjunction with the
programming and site planning of proposed improvements at the Old School Square Cultural Arts
Center. The scope of the first phase of the project includes development and refinement of
programming and proposed features for the grounds and expanded site of Old School Square as
shown on the attached exhibit. The consultant will conduct interviews with staff as well as a variety
of stakeholders including but not limited to representatives of Old School Square, the Chamber of
Commerce, the Public Arts Board, Pineapple Grove, various special events sponsors and
coordinators, and resident homeowners groups. After initial interviews, the consultant will lead a one
day charrette to provide a venue for interactive public participation in the site programming and
planning of proposed park elements and features. Visits to comparable sites will be coordinated by
the consultant to further generate ideas as to potential park elements. The consultant will prepare a
preliminary master plan based on data collected from the described activities and will present that
plan with order of magnitude costs to the City Commission for approval.
Phase II of the contract will include development of construction documents for the project based on
parameters and planning elements established in Phase I. Fees for Phase II will be negotiated and
presented to City Commission for approval subsequent to completion of the Phase I scope.
Proposed fees for Phase I total $128,500. Funding is available in General Fund account #334-4151-
572-63.59, Old School Square Park Improvements after transfer.
Please place this item on the agenda for the March 20, 2007 meeting for consideration by City
Commission.
Cc: Bob Barcinski, Assistant City Manager
Joe Weldon, Parks & Recreation Director
Paul Dorling, Planning & Zoning Director
Randal Krejcarek, P.E., City Engineer
Tracie Lutchmansingh, P.E., Assistant City Engineer
CITY OF DELRA Y BEACH
REQUEST FOR QUALIFICATIONS PACKAGE
OLD SCHOOL SQUARE CULTURAL ARTS CENTER EXPANSION
PROJECT # 2006-053 RFQ # 2006-58
EXHmIT D
OLD SCHOOL SQUARE CULTURAL ARTS CENTER
PROJECT BOUNDARffiS
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RFQ-8
EXHIBIT A
CONSULTING SERVICE AUTHORIZATION
DATE:
SERVICE AUTHORIZATION NO.1 FOR CONSULTlNGSERVICES
CITY P.O. NO.
CITY EXPENSE CODE
TITLE: Old School Square Expansion
This Service Authori7..ation, when executed, shall be incorporated in and shall become an integral part of the Contract.
I. PROJECT DESCRIPTION
1. t The project is the 1.86 acre Old School Square expansion in downtown Del ray Beach. The Client desires
to develop a conceptual master plan for the project, followed by design, permitting and construction
documents. The project will be conducted in two (2) phases. The specific scope of services and
compensation for Phase 2 will be detennined upon completion of Phase 1.
The first phase of work (Part A) win include:
· Site Analysis
· Stonnwater Permit Modification
· Development Program
· Master Plan
The second phase of work (Part B) will include:
· Schematic Design Documents
· Design Development Documents
· Construction Documents
· Pennitting, Bidding and Construction Observation
1.2 Additional Professionals working on the project under contract to (Hatting Jackson include:
Currie, Soward and Aguila Architects Architects
lll...a Lighting Design Lighting Designers
Beth Ravitz Public Artist
Michael B. Schorah & Associates Civil Engineers
II. SCOPE OF SERVICES
PART A - Master Plan
2.1 Project Coordination - In addition to the specific services detailed be1ow(the "Services"), GlattingJackson
shall coordinate our work with the Client's representative and the Client's project team, monitor the project
schedule as it relates to the scope contained herein, and provide timely invoicing and reporting of project
progress.
2.2 KJek-off Meeting - Glatting Jackson and the Client will meet on-site to kick-off the project.. Apreliminary
agenda for the kick-off meeting includes:
. Review of project scope and schedule
. Review of available data
GlattingJackson Kercher Anglin. l11c,
. Review of expectations, objectives for the project
2.3 Existing Data _. At or before the kick-off meeting, the Client will provide Glatting Jackson with boundary and
site surveys, geotechnical reports, and architectural and civil plans (including the new garage) that Glatting
Jackson will incorporate into the development of base plans prior to beginning design work. Glatting Jackson
shall rely on all infonnation supplied by the Client as accurate and correct. Additional work required due to
inaccurate, incorrect, or incomplete information supplied by the Client shall be completed as an Additional
Service.
2.4 Topographical Survey - .Michael B. Schorah &. Associates, Inc. (MBSA), Glatting JaCkson's Civil
Engineering subeonsultant, will prepare a boundary and topographical survey to.. inclUde all existing
improvements plus elevation site, including the locations of aU easements, utilities, trees, driveways, curbs,
sidewalks, buildings and other existing features.
2.5 Storm Drainage, Utilities and Permitting Analysis" and Modified Storm DrainagePennlt - MBSA
will analyze the existing drainage plans and the existing SFWMD permit for the site, as wen as other
utilities and infrastructure requirements. MBSA will prepare a memorandum and site plan summarizing
implications for the design of the site and any required permits or modifications to existing permit(s).
Upon the Client's authorization, MBSA will submit a modified storm drainage permit to the SFWMD.
2.6 Site Analysis Memorandum and Overlay - Glatting Jackson will visit the site one (1) tiDle in order to
develop an understanding of the site' 5 opportunities and constraints. Observations from the Site Analysis will
be documented in a Site Analysis memorandum and overlay to the base map. . The findings from the Storm
Drainage. Utilities and Permitting Analysis will also be incorporated into the memo. Element.~of the Site
Analysis will include:
. Cultural and Historical Analysis
. Shade and Viewshed Analysis
. Adjacent Land Use Analysis
. Existing Improvements Analysis
2.7 Review Meeting - Glatting Jackson and the Client wit1 meet one (t)time to review the Site Analysis
Memo and Overlay. Any additional Site Analysis services. if required, will be provided as an Additional
Service to this Agreement
Deliverables - As a result of these tasks. G/affing Jac/cso1l shall produce the follOWing:
Kick-off Meeting Minutes
Base map
Topographical Survey
Slom/ DrainQge and Permitting Analysis Memo and Site Plan
Site Analysis Memo alld Overlay
Review Meeting Minutes
2.8 Stakeholder Interviews - GlattingJackson will conduct up to three (3) days ofinterviews with City
Commissioners, City staff, special event coordinators, residents, business ownersandlor other stakeholders
identified by the City to generate ideas for a developtnent program for the site. The City shall askspecial
event coordinators to provide plans of their specialevent layouts. JUs assumed that aU interviews will be
held at Old School Square or at City Hall. The City will coordinate all interviews. including inviting and
scheduling participants, reserving meeting rooms and other logistics.
G/atting Jackson Kercher Anglin, Inc.
Page2of5
2.9 Site Use Overlays - Based on the input and plans provided by stakeholders, Glatting Jackson shall prepare
a series of up to five (5) overlays illustrating how the Old School Square Site is currently being used.
2.10 Preliminary Development Program - Based on the notes from the stakeholder intenriews, the notes from
the public workshop previously conducted by the City, and the site use overlays, Glatting Jackson wHl
prepare a Development Program outlining the existing and proposed uses for the site.
2.11 Review Meeting - Glatting Jackson and the Client will meet one (1) time to review the PreJiminary
Development Program. Glatting Jackson will revise the program one (I) time, if requested, based on the
Client's written review comments.
Deliverables - A..v a result of these tasks, Glatting Jacksonshal/ produce thefollowing:
Interview Notes
Site Use Overlays
Preliminary and Revised Development Program
Review Meeting Minutes
2.12 Design Charrette - Glatting Jackson will facilitate a one (I) day, on-site public design cbarrette to
generate design ideas for the project. The City will coordinate all cbarrette arrangements, including tent
rentals, public advertisements, luncb and refreshments, tables and chairs and other logistics. A preliminary
agenda for the charrette includes:
. Welcome and introductions
. Presentation Site Analysis, Stakeholder Comments, Previous Public Comments, Site use Overlays and
Preliminary Development Program
. Site Tours
. Master Plan Break-out Groups
LUNCH
. Alternative Concept Plans
. Presentations
. Next Steps
2.13 Charrette Summary - Glatting Jackson shall prepare a memorandum summarizing the work products and
ideas from the charrette, and submit one (1) copy to the Client for review.
2.14 Review Meeting - Glatting Jackson and the Client will meet one (I) time to review tbe Cbarrette
Summary, and to discu.'lS a direction in which to proceed with the Master Site Plan.
2.15 Comparable Site Visits-Based on the ideas generated from thecbarrette, ng Jackson. and the Client
will spend up to two (2) days visiting comparable urban civic spaces. Glatting ackson win document the
visits through photographs and notes.
2.16 Preliminary Master Site Plan and Estimate of Cosls - GlattingJackson will prepare a Preliminary
Master Site Plan for the project, incorporating ideas from the Development Program. Design Charrette and
Comparable Site Visits. Glatting Jackson will also prepare an "Order-of-Magnitude" estimate of probable
construction costs.
2.17 Review Meeting - Glatting Jackson and the Client will. meet .one (1) time to review tbePreliminary Master
Plan. Glatting Jackson win revise the plan one (I) time, if necessary, based on tbe Client's written review
comments.
Glatting Jaooon Kercher Allglin. Inc.
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2.18 Commission Presentation and Final Master Site Plan - Glatting Jackson will prepare a PowerPoint
presentation and present the Preliminary Master Plan to the City Commission in a public workshop.
Glatting Jackson will revise the plan one (1) time, if necessary, based on the Client's written review
comments resulting from the presentation to the City Commission. Glatting Jackson will submit one (l)
hard copy and a digital copy of the final plan to the Client. Additional revisions to the Plan shall be
provided as an Additional Service.
Deliverables - As a result of these ta.vks. GlaUing Jackson shall produce thefollowing:
Charrette Summary
Comparable Site Visit Photographs and Notes
Preliminary Master Site Plan
Review Meeting Minutes
Final Master Site Pla" and Power Point Presentation
PART B - Design, Permitting, Bidding and. Construction Services
2.19 Design, Permitting. Bidding and Construction Services - Upon the Client's request, Glatting Jackson
wifl develop a Scope of Services and Fee Proposal to provide the following services for the project:
. Schematic Design Documents
. Design Development Documents
. Construction Documents
. Pemritting, Bidding and Construction Observation
III. ASSIGNED PERSONNEL
The following · personnel from Glatting JacksonwiU .beassigned to this project, and will have the
responsibilities described:
David L. Barth
Chad Atkins
Mike Sobczak
Principal-In-ChlU'gelPrincipaIS
Project ManagerlLandscape Designer 2
Urban Designer 5
IV. BUDGET
5.1 Part A - The fee forPartA, Master Plan, shall be a lump sum fee of One Hundred Twenty Eight
Thousand Five Hundred dollars ($128,500), including direct costs.
5.2 Part B - The fee for Part B, Design, Permitting, Bidding and Construction Services, shall bt determined
upon completion of Part. A.
5.3 Application Fees -Allapplication,Jilmg,and pemdt fees, including, without limitation, aU fees to local,
regional and state govemmentsand.agencies. shall be paid by the Client directly to the appropriate agency
at the necessary time.
5.4 SubconsultantFees-Fees for sUbcOnsultants working on. this project under direct contract with Glatting
Jackson lU'e included in the fees for each part of the scope of services detailed above.
GlaUillg Jackson Kercher A'Iglin. Inc.
Page4<>f5
Currie Sowards Aguila Architects
Michael B. Schorah & Associates
Beth Ravitz
HLB Design
$8,313
$22,920
$2,400
$5,000
V. COMPLETION DATE
The scope of services outlined in this Exbibit A shall be completed within 6 (six) months of the City's notice to
proceed.
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:
GLATTING JACKSON KERCHER ANGLIN, INC.
Date
Date
Mayor
By:
David L. Barth, Vice President
(Seal)
Attest:
Witness
Attest:
Witness
BEFORE ME, the foregoing instrument, was acknowledged by on behalf oftbeCorporation this
day of , 200-, and said person executed the same. free and voluntarily for the purpose
there-in expressed.
Witness my hand and seal in the County and State aforesaid this _ day of
, 2(XL
Notary Public
State of Florida
MyCot'mnission Expires:
Approved as to Legal Sufficiency and Form
GlattingJacKson Kercher Anglin, Inc.
Page 5 of 5
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
THIS AGREEMENT, made and entered into this day
of ,20 ,by and between the CITY of Delray
Beach, Florida, hereinafter referred to as "CITY", and Glatting
Jackson Kercher Anglin, Inc., hereinafter referred to as
"CONSULTANT".
WITNESSETH:
WHEREAS, the CITY has provided
professional services and carried out
process pursuant to and in accordance
Competitive Negotiation Act; and,
notice of the desired
the proper selection
wi th the Consultant's
WHEREAS, the CITY represents that it is a Florida
municipal corporation with the authority to engage the CONSUL-
TANT and accept the obligation for payment for the services
desired; and,
WHEREAS, the CITY desires to engage the CONSULTANT to
perform certain professional services pertinent to such work in
accordance with this AGREEMENT and with SERVICE AUTHORIZATIONS
to be issued at the time of or subsequent to execution of this
AGREEMENT; and
WHEREAS, this AGREEMENT does not entitle the
CONSULTANT to any fees for any particular project without first
receiving a Service Authorization; and
WHEREAS, the CONSULTANT desires to
professional services in accordance with this
SERVICE AUTHORIZATIONS.
provide
AGREEMENT
such
and
NOW, THEREFORE, in consideration of the premises and
the mutual benefits which will accrue to the parties hereto in
carrying out the terms of this AGREEMENT, it is mutually
understood and agreed as follows:
I. DEFINITIONS; GENERAL CONDITIONS
A. THE SCOPE OF WORK is to be implemented in phases as
set forth by this Agreement and by SERVICE AUTHORIZA-
TIONS, which are attached hereto and made a part
hereof, and as also may be added as approved by the
City from time to time.
B. A SERVICE AUTHORIZATION is a form to be used to
authorize work, proj ects, and services. The form
shall be executed by the CITY'S and CONSULTANT'S
representatives. A CITY purchase order number shall
be identified on the form. The purchase order
authorization is established in the CITY Code of
Ordinances with provisions for expenditure levels of
approval authorizations. A sample form of the
service authorization is attached as Exhibit "A" to
this AGREEMENT. The projects, work, and services to
be performed by the CONSULTANT, and time for comple-
tion of the particular phase of the work by CONSUL-
TANT, shall be authorized by a SERVICE AUTHORIZATION.
The SERVICE AUTHORIZATION shall include the scope of
work to be performed; the budget cost, complete with
an itemization of man-hours, wage rates, reimbursable
expenses, and other related costs; schedule for
completion and name of project manager. The SERVICE
AUTHORIZATION shall be signed by the CITY and the
CONSULTANT'S authorized representative. A CITY
purchase order shall be issued with authorization
identifying funds and amount of expenditures. The
terms of this AGREEMENT supersede the terms stated on
the purchase order.
C. PHASES: A phased approach may be utilized. The City
and the Consultant shall have the right to negotiate
the terms of each phase as contained wi thin each
service authorization, and to reject any service
authorization, if the parties cannot agree to the
terms of the service authorization. In the event the
parties cannot agree, the city may select the next
ranked proposer or go out for additional proposals in
order to complete the subsequent phase(s) of the
proj ect. This phased approach shall not waive the
Ci ty' s right to terminate the Consultant's contract
during any phase of the project.
II. GENERAL DUTIES OF CONSULTANT
A. The relationship of the CONSULTANT to the CITY will
be that of a professional CONSULTANT, and the CONSUL-
TANT will provide the professional and technical
services required under this AGREEMENT in accordance
with acceptable professional practices and ethical
standards. No employer/employee relationships shall
be deemed to be established and the CONSULTANT, its
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agents, subcontractors, and employees
independent contractors at all times.
shall be
B. Professional and Technical Services. It shall be the
responsibili ty of the CONSULTANT to work with the
CITY and apprise it of solutions to problems and the
approach or technique to be used towards accomplish-
ment of the CITY'S objectives as set forth in SERVICE
AUTHORIZATIONS, which will be made a part of this
AGREEMENT upon execution by both parties.
C. The scope of services to be provided shall be covered
in detail in SERVICE AUTHORIZATIONS.
D. The City has established a budget for each proj ect
awarded to CONSULTANT. The CONSULTANT shall be
responsible for providing, at no additional cost to
the City, new designs, drawings, specifications,
reports and other applicable services if the budget
for the entire project is exceeded during and up to
completion of the design phase of the project;
however, nothing contained herein shall require the
CONSULTANT to bear additional costs if the additional
costs are a result of a change in the scope of
services directed by the City.
E. The CONSULTANT shall be responsible for the profes-
sional quality, technical accuracy, timely comple-
tion, compliance with regulations and rules, and the
coordination with all appropriate agencies of all
designs, drawings, specifications, reports and other
services furnished by the CONSULTANT under this
AGREEMENT. I f the CITY determines there are any
errors, omissions or other deficiencies in the
CONSULTANT'S designs, drawings, specifications,
reports and other services, the CONSULTANT shall,
without additional compensation, correct or revise
said errors or omissions to the satisfaction of the
CITY.
F. Approval by the CITY of drawings, designs, specifica-
tions, reports and incidental professional services
or materials furnished hereunder shall not in any way
relieve the CONSULTANT of responsibility for the
technical adequacy of its work. The CITY'S review,
approval or acceptance of, or payment for, any of the
services shall not be construed to operate as a
waiver of any rights under this AGREEMENT or of any
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III.
cause of action arising out of the performance of
this AGREEMENT.
G.
The CONSULTANT and its subconsultants shall have no
responsibility for the discovery, presence, handling
or removal or disposal of or exposure of persons to
hazardous materials in any form existing prior to
construction at the project site, including but not
limited to asbestos, asbestos products,
polychlorinated biphenyl (PCB) or any other toxic
substances.
H.
The CONSULTANT designates as
its representative to act as liaison with the CITY.
The representative shall manage and coordinate CITY
projects and is hereby authorized to act on behalf of
the CONSULTANT to negotiate and approve SERVICE
AUTHORIZATIONS and act on any other related matter
with respect to performance of services for the CITY
in accordance with the AGREEMENT. Any change to name
another person shall be requested in writing to the
CITY, and shall be approved by the City.
I.
CONSULTANT shall attend all meetings, as specified or
as defined in each SERVICE AUTHORIZATION of the City
Commission or any City approval Board, where the
proj ect is discussed, unless the City's representa-
ti ve declares such attendance and participation is
not necessary. In addition, the CONSULTANT shall
attend all additional meetings as may be required to
facilitate the project.
DUTIES OF CONSULTANT:
The following Duties of CONSULTANT are separated into
phases of the project which if approved via SERVICE
AUTHORIZATIONS shall be performed by the CONSULTANT.
The City may require SERVICE AUTHORIZATIONS, which
contain additional requirements applicable to the
project. The City must authorize through service
authorizations, the commencement of each phase of the
work.
A. The CONSULTANT shall consult with the CITY to
clarify and define the CITY's requirements for
the project and review available data.
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B. The CONSULTANT shall advise the CITY as to the
necessity of the CITY's providing or obtaining
from others, data or services.
C. The CONSULTANT shall furnish the number of
copies of the documents as provided in the
SERVICE AUTHORIZATION and reviews them with the
CITY.
D. The CONSULTANT, in consultation with the CITY
shall determine the general scope, extent and
character of the Project.
E. Advise the CITY if additional data or services
are necessary and assist the CITY in obtaining
such data and services.
F. The CONSULTANT shall make available all design
calculations and associated Data.
G. The CONSULTANT shall prepare documents which
shall include but not be limited to drawings and
technical information, general and supplementary
conditions, with technical criteria,
descriptions and data necessary for permitting
by governmental authorities.
H. The CONSULTANT shall in the preparation of
documents, technical criteria, written
descriptions and data, take into account all
currently prevailing codes and regulations
governing construction in the City of Delray
Beach, Florida, and shall meet the requirements
of all other agencies or governmental
authorities having jurisdiction over the
proj ect.
IV. DATA AND SERVICES TO BE PROVIDED BY THE CITY
The CITY shall provide the following:
A. Furnish or cause to be furnished such reports,
studies, instruments, documents, and other
information as the CONSULTANT and CITY mutually
deem necessary and which are under control of
the CITY.
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B. Other data and services to be agreed upon in
subsequent SERVICE AUTHORIZATIONS.
C. Pay for all legal advertisements incidental to
obtaining bids or proposals from contractors.
D. The CITY Manager or his designee shall act as
the CITY'S representative with respect to the
work to be performed under this AGREEMENT. The
CITY Manager or his designee shall have the
authority to the extent authorized by the CITY
Charter and Code of Ordinances to exercise the
rights and responsibilities of the CITY provided
in this contract. Said authority may include
but is not limited to: transmi t instructions,
stop work, receive information, interpret CITY'S
policies and decisions with respect to materi-
als, equipment, elements, and systems pertinent
to the services covered by this AGREEMENT.
E. Pay all permit application filing fees.
F. Provide access to CITY facilities.
V. TIME OF PERFORMANCE
A. The CONSULTANT will begin work promptly after
issuance of a Notice to Proceed.
B. The CONSULTANT'S services called for under the
AGREEMENT shall be completed in accordance with the
schedule contained in each SERVICE AUTHORIZATION. If
the CONSULTANT'S services are unreasonably delayed by
the CITY in excess of 180 days, the time of perfor-
mance and compensation shall be renegotiated, provid-
ed; however, the CONSULTANT as a condition precedent
to renegotiations shall notify the City within
fifteen (15) calendar days at the end of the delay of
CONSULTANT'S proposed additional costs incurred by
reason of said delay.
VI. AGREEMENT PERIOD
The period of service is from the date of execution of
this AGREEMENT until such time as all outstanding SERVICE
AUTHORIZATIONS, if any, that have been issued are
completed. Each Service Authorization shall delineate a
time for completion of the service to be rendered.
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VII. COMPENSATION
A. The CITY will compensate the CONSULTANT for the
services performed on each SERVICE AUTHORIZATION in
accordance with a negotiated lump sum, or a not to
exceed budgeted amount based on time charges which
are based upon hourly rates, plus reimbursable
expenses if compensation is based on Method II and
other related costs as are specified in the SERVICE
AUTHORIZATION.
1. METHOD 1 - LUMP SUM
Lump Sum Amount. Wherever possible, the scope
of services for Services, proj ects or Programs
shall be thoroughly defined and outlined prior
to its authorization. The CITY and CONSULTANT
shall mutually agree to a lump sum amount for
services to be rendered and a detailed scope of
services. Should the CITY deem that a change in
the scope of services is appropriate, then a
decrease or increase in compensation shall be
authorized in writing. In lump sum contracts,
the CONSULTANT shall submit the estimated man-
hours, wage rates and other actual unit costs
supporting the compensation. The CONSULTANT
shall submit a truth in negotiation certificate
stating that all data supporting the compensa-
tion is accurate, complete and current at the
time of contracting.
2. METHOD II - TIMES CHARGES/ NOT TO EXCEED BUDGET-
ED AMOUNT
Computation of Time Charges/Not to Exceed
Amount. When a service is to be compensated for
on a time charge/not to exceed basis, the
CONSULTANT will submit a not to exceed budget
cost to the CITY for prior approval based on
actual time charges which shall not exceed
established hourly rates as shown in Exhibit B
attached hereto, plus reimbursable expenses and
other related costs. The CITY shall not be
obligated to reimburse the CONSULTANT for costs
incurred in excess of the not to exceed cost
amount.
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a. The CITY agrees to pay the CONSULTANT
compensation for services rendered based
upon the established raw hourly salary
rates as shown in Exhibit B for services
rendered on CITY projects multiplied by an
overhead factor not to exceed 3.0, which
includes profit not to exceed ten percent
(10%) and may be subject to audit. The
schedule of hourly rates as set forth in
Exhibit B is attached hereto and made a
part hereof. The rates listed in Exhibit
'B' may be adjusted upon written AGREEMENT
of both parties, however the adjustment may
not exceed more than five percent (5%)
wi thin any twelve (12) month period. A
newly revised Exhibit 'B' must be submitted
for approval.
b. In addition, the CITY shall pay for reim-
bursable expenses invoiced at the actual
cost of expenditures incurred by the
CONSULTANT if provided in the SERVICE
AUTHORIZATION as follows:
(1) Actual expense of transportation
and lodging in accordance with
CITY policy in effect at the time
of travel when traveling in
connection with each SERVICE
AUTHORIZATION, express courier
charges, and permit fees paid for
securing approval of authorities
having jurisdiction over the
project.
(2) Actual expense of reproductions,
of Drawings and Specifications
including duplicate sets of the
completion of each SERVICE
AUTHORIZATION for the CITY'S
review and approval.
(3 )
Actual expenses of
laboratory services,
equipment.
testing,
and field
(4 )
Actual expense of
requiring higher
overtime work
than regular
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rates, when authorized by the
CITY.
(5) Actual expense of Auto Travel at
the established CITY rate per
mile for travel outside Palm
Beach County.
B. Subcontractual service shall be invoiced at the
actual fees paid by the CONSULTANT, plus an addition-
al ten percent (10%) of the cost of these services to
compensate CONSULTANT, for the procuring and manage-
ment of the sub-consultant, and for the other
financial and administrative costs. Subcontractual
services shall be approved by the CITY in writing
prior to performance of the subcontractual work.
C. Total Compensation (including, but not limited to
compensation for sub-consultants) for all services
and expenses shall not exceed the budget cost listed
upon each SERVICE AUTHORIZATION, without written
approval.
D. If the CITY determines that any price for services,
however calculated provided by the CONSULTANT,
including profit, negotiated in connection with this
AGREEMENT or any cost reimbursable under this AGREE-
MENT was increased by any significant sums because
the CONSULTANT or any subcontractor furnished incom-
plete or inaccurate costs or pricing data, then such
price or cost or profit shall be reduced accordingly
and the SERVICE AUTHORIZATION shall be reduced
accordingly and the SERVICE AUTHORIZATION shall be
modified in writing to reflect such reduction.
VIII. PAYMENT
The CITY agrees that it will use its best effort to pay
the CONSULTANT within thirty (30) calendar days from
presentation of the CONSULTANT'S itemized report and
invoice and approval of the CITY'S representative, unless
additional time for processing is required for payments
for basic services, subcontractual services, and reimburs-
able expenses as defined in Section VII. The CONSULTANT
shall submit monthly invoices, as required in the SERVICE
AUTHORIZATION, which shall include a report of work
completed during the respective invoice period. Invoices
shall be in a format consistent with those shown in
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Exhibi t C. The report shall be adequate in detail to
describe work progress (% complete for each task) and
written summaries of work completed. No payment request
shall exceed the value of work and services performed by
the CONSULTANT under the SERVICE AUTHORIZATION.
IX. MISCELLANEOUS PROVISIONS
A. Ownership Documents:
All reproducible mylar drawings and CADD disks in a
format compatible with CITY'S Computer system shall
be given to the CITY. Details, design calculations,
and all other documents and plans that result from
the CONSULTANT'S SERVICES under this AGREEMENT shall
become and remain the property of the CITY, including
copyright rights, whether the project is completed or
not, and will be delivered to the CITY upon demand.
CONSULTANT reserves the right to retain a copy of all
such documents for record purposes. Where such
documents are required to be filed with governmental
agencies, the CONSULTANT will furnish copies to the
CITY upon request. The contract work is represented
by hard copy documentation; software, is provided to
the CITY for convenience only.
B. Copies of Documents:
The CONSULTANT shall prepare sufficient copies of all
documents necessary to obtain approval through the
City's processes, as well as other governmental
authorities.. The CITY acknowledges that the materi-
als cited in Paragraph IX A. and other data provided
in connection with this Agreement which are provided
by the CONSULTANT are not intended for use in connec-
tion with any proj ect other than the proj ect for
which such materials are prepared. Any use by the
CITY of such materials in connection with a project
other than that for which such materials were pre-
pared without prior written consent and adaptation by
the CONSULTANT shall be at the CITY'S sole risk, and
the CONSULTANT shall have no responsibility or
liability therefore.
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C. Insurance:
Wi thout limiting any of the other obligations or
liabilities of the CONSULTANT, the CONSULTANT shall,
at his own expense, provide and maintain in force,
until all of its services to be performed under this
AGREEMENT have been completed and accepted by the
CITY (or for such duration as it otherwise specified
hereinafter), the following insurance coverages:
1. Worker's Compensation Insurance to apply to all
of the CONSULTANT'S employees in compliance with
the "Worker's Compensation Law" of the State of
Florida and all applicable Federal Laws.
A. Employer's Liability with limits of
$100,000 per person, $500,000 per occur-
rence and $100,000 per each disease.
2. Comprehensive General Liability with minimum
limits of one million dollars ($1,000,000.00)
per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more
restrictive than the latest edition of the
Comprehensive General Liability policy, without
restrictive endorsements other than ISO Endorse-
ment GL 21 06 (Engineers, Architects, or Survey-
ors Professional Liability exclusion), as Filed
by the Insurance Services Office and must
include:
a. Premises and/or Operations
b. Independent Contractors
c. Products and Completed Operations
CONSULTANTS shall maintain in force until
at least three years after completion of
all services required under this AGREEMENT,
coverage for Products and Completed
Operations, including Broad Form Property
Damage.
d. Broad Form Property Damage
e. Contractual Coverage applicable to this
specific AGREEMENT.
11
f. Personal Inj ury Coverage wi th minimum
limits of coverage equal to those required
for Bodily Injury Liability.
3. Business Automobile Liability with minimum
limi ts of three hundred thousand dollars
($300,000.00) per occurrence combined single
limi t for Bodily Inj ury Liability and Property
Damage Liability. Coverage must be afforded on
a form no more restrictive than the latest
edition of the Business Automobile Liability
policy, without restrictive endorsements, as
filed by the Insurance Services Office and must
include:
a. Owned Vehicles
b. Hired and Non-Owned Vehicles
c. Employers' Non-Ownership
4. Professional Liability Insurance with minimum
limits per occurrence applicable to CITY
projects as follows:
Construction Cost Range Limit
a. 0 - 99,000 250,000
b. 100,000 - 299,000 500,000
c. 300,000 - 499,000 750,000
d. 500,000 - Above 1,000,000
Coverage shall be afforded on a form acceptable
to the CITY. CONSULTANT shall maintain such
professional liability insurance until at least
one year after a Certificate of Occupancy is
issued. CONSULTANT shall insure that sub-
consultants used for any portion of the project,
maintain adequate levels of Professional
Liability Insurance.
5. Prior to commencement of services, the CONSUL-
TANT shall provide to the CITY Certificates of
Insurance evidencing the insurance coverage
specified in the foregoing Paragraphs C1, C2,
C3, C4. All policies covered wi thin subpara-
graphs C1, C2, C3, C4, shall be endorsed to
provide the CITY with thirty (30) days notice of
cancellation and/or restriction. The CITY shall
be named as an additional insured as to CONSUL-
TANT'S liability on policies referenced in
subparagraphs C2. The required Certificates of
Insurance shall not only name the types of
12
policies provided, but also shall refer specifi-
cally to this AGREEMENT and section and to the
above paragraphs in accordance with which
insurance is being furnished, and shall state
that such insurance is as required by such
paragraphs of this AGREEMENT. The CONSULTANT
shall also make available to the CITY a certi-
fied copy of the professional liability insur-
ance policy required by paragraph 4 above for
the City's review. Upon request, the CONSULTANT
shall provide copies of all other insurance
policies.
6. I f the initial insurance policies required by
this AGREEMENT expire prior to the completion of
the services, renewal Certificates of Insurance
of policies shall be furnished thirty (30) days
prior to the date of their expiration. For
Notice of Cancellation and/or Restriction; the
policies must be endorsed to provide the CITY
with thirty (30) days notice of cancellation
and/or restriction.
7. The CONSULTANT'S insurance, including that
applicable to the CITY as an Additional Insured,
shall apply on a primary basis.
D. Litigation Services:
It is understood and agreed that CONSULTANT'S servic-
es include reasonable participation in litigation or
dispute resolution arising from this AGREEMENT.
CONSULTANTS participation shall include up to 30
hours of services related to litigation or dispute
resolution. Any such services in excess of 30 hours
shall be an extra service.
E. Authority to Contract:
The CITY represents that it is a Florida Municipal
Corporation with the authority to engage the CONSUL-
TANT for professional services described in the
SERVICE AUTHORIZATIONS and to accept the obligation
for payment for the services described in the SERVICE
AUTHORIZATIONS.
13
F. Assignment:
The CITY and the CONSULTANT each binds itself and its
successors, legal representatives, and assigns to the
other party to this AGREEMENT and to the partners,
successors, legal representatives, and assigns of
such other party, in respect to all covenants of this
AGREEMENT subject to budget considerations and
requirements of law; and, neither the CITY nor the
CONSULTANT will assign or transfer their interest in
this AGREEMENT without the written consent of the
other.
G. Confidential Information:
During all times that the CONSULTANT is employed on
behalf of the CITY and at all times subsequent to the
date of this contract, all discussions between the
CITY and the CONSULTANT and all information developed
or work products produced by the CONSULTANT during
its employment and all matters relevant to the
business of the CITY not otherwise being a matter of
public record shall be deemed to be confidential.
All such information and work product shall be
protected by the CONSULTANT and shall not be revealed
to other persons without the express written permis-
sion of the CITY, unless mandated by order of the
court.
H. Non-Exclusive Contract:
The CITY reserves the right to award proj ects to
other firms pursuant to the Florida Statutes Consul-
tant's Competitive Negotiations Act during the period
of service of the CONSULTANT. The CONSULTANT agrees
to cooperate with the CITY and other firms in accom-
plishing work that may require joint efforts to
accomplish the CITY'S goals. This cooperation, when
requested by the CITY, will include but not be
limited to:
1. Sharing technical information developed under
contract with the CITY.
2. Joint meetings for project coordination.
3. Establish lines of communication.
14
I. Subconsultants:
In the event the CONSULTANT, during the course of the
work under this AGREEMENT requires the services of
any subcontractors or other professional associates
in connection with services covered by this AGREE-
MENT, CONSULTANT must secure the prior written
approval of the CITY.
J. Notices:
Whenever either party desires to give notice unto the
other , it must be given by written notice, sent by
registered United States mail, with return receipt
requested, addressed to the party for whom it is
intended at the place last written, as the place for
giving of notice in compliance with the provisions of
this paragraph. For the present, the parties desig-
nate the following as the respective places of giving
of notice to wit:
CITY of Delray Beach
CITY MANAGER
City of Delray Beach, Florida
100 NW 1st Avenue
Delray Beach, Florida 33444
CONSULTANT
K. Attachments:
Request for Qualifications is hereby incorporated
within and made an integral part of this AGREEMENT.
L. Truth-In-Negotiation Certificate:
Signature of this AGREEMENT by CONSULTANT shall act
as the execution of a truth in negotiation certifi-
15
cate stating that wage rates and other factual unit
costs supporting the compensation of this AGREEMENT
are accurate, complete, and current. The original
contract price and any additions thereto shall be
adjusted to exclude any significant sums by which the
CITY determines the contract price was increased due
to inaccurate, incomplete, or non-current wage rates
and other factual unit costs.
M. Records:
Records of all expenses relative to each SERVICE
AUTHORIZATION shall be kept on a generally recognized
accounting basis and shall be available to the CITY
or its authorized representative at mutually conve-
nient times.
N. Personnel:
The CONSULTANT represents that it has or will secure,
at its own expense, qualified personnel required in
performing the services under this AGREEMENT. All
work shall be performed under the direction of a
professional, registered under the State of Florida
in the field for which he is responsible for
performing such services.
The proj ect manager shall be approved by the CITY
under each SERVICE AUTHORIZATION. Key project
personnel will be identified for each proj ect and
expected to perform the work assignment as can
reasonably be expected.
O. Equal Opportunity Employment:
CONSULTANT agrees that it will not discriminate
against any employee or applicant for employment for
work under this Agreement because of race, color,
religion, sex, age or national origin. Such action
shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruit-
ment advertising; lay-off or termination; rates of
payor other forms of compensation; and selection for
training, including apprenticeship. The CONSULTANT
agrees to post in conspicuous places, available to
employees and applicants for employment, notices
setting forth this non-discrimination clause. This
16
provision applies to all CONSULTANT'S subcontractors
and it is the responsibility of CONSULTANT to ensure
subcontractor's compliance.
P. Prohibition Against Contingent Fees:
The CONSULTANT warrants that he has not employed or
retained any company or person, other than a bona
fide employee working solely for the CONSULTANT, to
solicit or secure this AGREEMENT, and that he has not
paid or agreed to pay any persons, company, corpora-
tion, individual or firm, other than a bona fide
employee working solely for the CONSULTANT any fee,
commission, percentage, gift, or any other considera-
tion, contingent upon or resulting from the award or
making of this AGREEMENT.
Q. Termination:
This AGREEMENT may be terminated by either party by
seven (7) calendar days prior written notice, in the
event of substantial failure to perform in accordance
with the terms hereof by the other party through no
fault of the terminating party. The CITY shall have
the right to terminate this AGREEMENT for convenience
at any time by thirty (30) calendar days written
notice to the consultant. In the event the proj ect
described in any SERVICE AUTHORIZATION, or the
services of the CONSULTANT called for under any
SERVICE AUTHORIZATION, is or are suspended, canceled,
or abandoned by the CITY, the CONSULTANT shall be
given five days prior written notice of such action
and shall be compensated for the professional
services provided and reimbursable expenses incurred
up to the date of suspension, cancellation or
abandonment. The CONSULTANT agrees to provide all
documents to the CITY (specifically those referenced
in paragraph IX.A. Further, prior to the
CONSULTANT'S destruction of any of the above
referenced documents, the CITY shall be notified and
allowed a reasonable period to gain access to and
make copies of any such documents. Upon any termina-
tion of this AGREEMENT, the CONSULTANT agrees that it
shall use its best efforts to work harmoniously with
any successor who enters an AGREEMENT to provide
services for the CITY in order to provide for a
smooth transition period.
17
R. Indemnification:
In consideration of ten dollars ($10.00) and other
valuable consideration, the CONSULTANT will at all
times indemnify, save and hold harmless and defend
the CITY, its officers, agents (the term agents shall
not include the contractor (s), any subcontractors,
any materialmen or others who have been retained by
the City or Contractor, or materialmen to supply
goods or services to the project) and employees, from
and against all liability, any claim, demand, damage,
loss, expense or cause of action and costs (including
attorney's fees at trial or appellate levels) arising
out of error, omission, or negligent act of
CONSULTANT, its agents, servants or employees in the
performance of services under this agreement. The
CONSULTANT further agrees to indemnify, hold harmless
and defend the City , its officers, agents and
employees from and against any claim, demand or cause
of action arising out of any negligence or misconduct
of CONSULTANT for which the City, its agents,
servants or employees are alleged to be liable. The
indemnification's contained herein shall survive the
expiration or earlier termination of this Agreement.
Nothing in this AGREEMENT shall be deemed to affect
the rights, privileges and immunities of the CITY as
set forth in Florida Statutes 768.28.
S. Interest of the Consultant:
The CONSULTANT covenants that it presently has no
interest and shall not acquire any interest, direct
or indirect, in any Project to which this AGREEMENT
pertains or any other interest which would conflict
in any manner or degree with the performance of its
services hereunder. The CONSULTANT further covenants
that in the performance of this AGREEMENT, no person
having such interest shall be employed.
T. Compliance with Laws:
a. The CONSULTANT shall comply with the applicable
requirements of State and applicable County laws
and all Codes and Ordinances of the CITY OF
DELRAY BEACH as amended from time to time, and
that exist at the time of building permit
issuance.
18
b. For SERVICE AUTHORIZATIONS involving work under
Federal or State Grantors or Approving Agencies,
the CITY and the CONSULTANT shall review and
approve the applicable required provisions or
any other supplemental provisions as may be
included in each SERVICE AUTHORIZATIONS.
U. Jurisdiction; Venue:
The CONSULTANT hereby covenants, consents and yields
to the jurisdiction of the State Civil Courts of Palm
Beach County, Florida. Any dispute between CONSUL-
TANT and the CITY shall be governed by the laws of
Florida with venue in Palm Beach County.
V. Internal Dispute Between Owner and Consultant:
The City Manager shall be the final decision maker
regarding internal disputes between CITY and CONSUL-
TANT.
w. Extent of Agreement:
This AGREEMENT represents the entire integrated
AGREEMENT between the CITY and the CONSULTANT and
supersedes all prior negotiations, representations or
AGREEMENTS, written or oral. This AGREEMENT does not
entitle the CONSULTANT to receive any fee unless
first being issued a Service Authorization. This
AGREEMENT does not provide that a CONSULTANT is
enti tled to recei ve any Service Authorization.
This AGREEMENT may not be amended, changed, modified,
or otherwise altered in any way, at any time after
the execution hereof, except by approval of the CITY
Commission. This AGREEMENT applies only to those
projects that are on the CITY'S Capital Improvement
Plan (CIP), attached hereto as Exhibit "0". The CITY
is not required to issue any Service Authorizations
to CONSULTANT for any projects listed on the CIP.
19
IN WITNESS WHEREOF, the CITY has caused these
presents to be executed in its name by its Mayor, and attested
and its official Seal to be hereunto affixed by its CITY Clerk,
and the CONSULTANT has hereunto set its hand and Seal the day
and year first written above.
CITY OF DELRAY BEACH, FLORIDA
By:
MAYOR
ATTEST:
City Clerk
Approved as to Form:
CITY Attorney
CONSULTANT
By:
Witness
Title:
Name Printed
(Seal)
Witness
Name Printed
20
ACKNOWLEDGEMENT IF CORPORATION
State of Florida
County of Palm Beach
BEFORE ME, the foregoing instrument, this day
of 200 , was acknowledged by
, on behalf of the Corporation
and said person executed the same freely and voluntarily for
the purpose therein expressed.
WITNESS my hand and seal in the County and State
aforesaid this day of , 200 .
( SEAL)
Notary Public
My Commission Expires:
ACKNOWLEDGEMENT IF AN INDIVIDUAL
State of Florida
County of Palm Beach
I HEREBY CERTIFY that on this date before me, an
officer duly authorized in the state and county named above to
take acknowledgments, personally appeared
, known to me to be the person in and
who executed the foregoing instrument, and acknowledged before
me that he/she executed the same.
SWORN TO AND SUBSCRIBED before me this day
of , 200 .
Notary Public
My Commission Expires:
21
ACKNOWLEDGEMENT IF A PARTNERSHIP
State of Florida
County of Palm Beach
I HEREBY CERTIFY that on this date before me, an
officer duly authorized in the state and county named above to
take acknowledgments, personally appeared
, known to me to be the person in and
who executed the foregoing instrument as a partner of
, a partnership. He/She
acknowledged before that he/she executed the same as the act
and deed of said partnership for the uses and purposes therein
mentioned.
SWORN TO AND SUBSCRIBED before me this day
of , 200 .
Notary Public
My Commission Expires:
22
EXHIBIT A
CONSULTING SERVICE AUTHORIZATION
DATE:
SERVICE AUTHORIZATION NO.
FOR CONSULTING SERVICES
CITY P.O. NO.
CITY EXPENSE CODE
TITLE:
This Service Authorization, when executed, shall be incorporated in and shall become an
integral part of the Contract, dated between the City of Delray Beach and
(consultant)
I. PROJECT DESCRIPTION
II. SCOPE OF SERVICES
III. BUDGET
IV. COMPLETION DATE
23
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:
CONSULTANT:
Date
Date
By:
Mayor
(Seal)
Witness
Witness
Attest:
Attest:
BEFORE ME, the foregoing
instrument, this
day of , 200_, was
acknowledged by
on behalf of the Corporation and said
person executed the same free and
voluntarily for the purpose there-in
expressed.
Witness my hand and seal in the
County and State aforesaid this _
day of , 200_.
Approved as to Legal
Sufficiency and Form
Notary Public
State of Florida
My Commission Expires:
[C
EXHIBlTB
City of Delray Beach
Glatting Jackson Kercher Angl1n. Inc.
2007
Hourly Raw Salllly Rate Times
3'"
........... ~~
Principal 6 586.06 $258
Principal 5 $78.29 $235
Principal 4 S61.56 $203
Principal .3 $62,86 $189
Principal 2 551.69 $113
Principal 1 550.06 $150
Ecologist 5 $44.35 $133
Ecologist 4 536.48 $109
Ecologist 3 $30.05 $90
Ecologist 2 $24.76 $74
Ecologist 1 $19.62 559
Landscape Arehitect 5 543.75 $131
Landscape Arehitect 4 $36.35 $109
Landscape Architect 3 529.24 $88
Landscape Arehitect 2 $2U8 $75
Landscape Designer 2 524.77 574
Landscape Designer I 521.00 563
Planner 5 549.04 $147
Planner 4 $35.68 $107
Planner :3 $30.29 $91
Planner 2 $26.44 $79
Planner 1 522 .18 567
Transportation Engineer 6 $56.25 $169
Transportation Engineer 4 $32.77 $98
Transportation Engineer 1 $22.12 $66
Transportation Planner 5 $47.50 $143
Transportation Planner 4 $39.00 $117
Transportation Planna' 3 $32.33 $91
Urban Designer 5 $42.69 $128
Urban Designer 4 $30.77 $92
Urban Designer .3 $29.17 $88
Urban Designer 2 $26.12 $78
Urban Designer 1 $20.82 $62
QAiQC Specialist $43.25 $130
Public Involvement 4 $28.75 $86
Public Involvement 2 $21.84 S66
GIS Specialist 2 $25.96 $78
Environmental Graphic 5 536.06 S108
EnvironmenulGraph~3 $31.25 $94
Environmental Graphic 1 $17.55 $53
Graphic Artist 4 $31.73 595
Graphic Artist 3 $25.00 $75
Graphic Artist 2 $23.13 569
Graphic Artist 1 $19.54 $59
Transportation Technician $22.84 $69
Planning T ecbnician $19.95 $60
Environmental Technician $18.27 $55
Technician $14.00 $42
Admimstrative Assistant $18.11 $54
EXHIBIT C
SAMPLE -- COST NOT TO EXCEED FORMAT
INVOICE
City of Delray Beach
Project No.
Purchase Order No.
Task Order No.
Date
Client Ref. No.
Invoice No.
Description of services under Task Order #
Period ending:
LABOR
Class
Employee Name
Rate
Hours
Amount
Subtotal Labor
$
EXPENSES
Computer
Word Processing
Auto Rental
Postage/Freight
Air Transportation
Print/Reprographics
Supplies
Subtotal Expenses
TOTAL AMOUNT DUE THIS INVOICE
$
COST SUMMARY
Contract Amount
$
Amount Earned This Period
Amount Previously Earned
$
Amount Remaining
$
26
EXHIBIT C (continued)
SAMPLE INVOICE -- LUMP SUM FORMAT
INVOICE
City of Delray Beach
Purchase Order No.
Task Order No.
Client Ref. No.
Invoice No.
Description of services under Task Order
Period ending
Total Fee
$
% Complete
Less Previous Billings
$
Total Earned This Period
$
TOTAL AMOUNT DUE THIS INVOICE
$
27
EXHIBIT C
SAMPLE -- COST NOT TO EXCEED FORMAT
INVOICE
City of Delray Beach
Project No
Purchase Order No.
Task Order No.
Date:
Client Ref. No.
Invoice NO.
Description of services under Task Order #
Period ending:
LABOR
CLASS
EMPLOYEE NAME
RATE
HOURS
Subtotal Labor
Expenses
Computer
Word Processing
Auto Rental
Postage/Freight
Air Transportation
Print/Reprographics
Supplies
Subtotal Expenses
TOTAL AMOUNT DUE THIS INVOICE
28
AMOUNT
$
$
AGENDA ITEM NUMBER:
~. L>
AGENDA REQUEST
Date: March 16, 2007
Request to be placed on:
~ Regular Agenda
Special Agenda
Workshop Agenda
When:
March 20, 2007
Description of agenda item: Staff requests Commission approval of a contract for professional consulting
services and service authorization #1 for Glatting Jackson Kercher Anglin, Inc., for consulting services in
conjunction with the Old School Square Cultural Arts Center Expansion project. Phase I of the proposal
includes development of park elements, features and programming using interviews and a charrette to provide
an interactive environment for public participation and presentation of a preliminary site plan to Commission
for approval. Phase II fees will be proposed upon completion of the phase I scope. Fees for Phase I total
$128,500 with funding available in General Fund account #334-4151-572-63.59, Old School Square Park
Improvements, after transfer.
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES
YES
NO
NO
x
X
Recommendation: .Staffrecomm~ ~
Dep.rtment Head Signature: ~L ~
Determination of Consistency with Comprehensive Plan:
~~'(,.07
City Attorney ReviewIRecommendation (if applicable):
Budget Director Review
(required on all items involving expenditure of funds):
Funding available: Q
Funding alternatives (if applicable):
?bt;
No
Account Balance:
-g~t/, 1.//)"/- ~72 b3-sJ
&/v( SekO!}( ~ua-v2-- fl:t~;(' /rvlZJY~'
%/2~:;-88 1ff0 ~__
Account Number:
Account Description:
City Manager Review:
Approved for Agenda:
&~
{YJt 1
I
i
No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved:
Disapproved:
P.O. #
AGENDA ITEM NUMBER:
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAG~
AGENDA ITEM . M - REGULAR MEETING OF MARCH 20. 2007
SERVICE AUTHORIZATION NO. 6/COASTAL PLANNING AND
ENGINEERING, INC.
TO:
SUBJECT:
DATE:
MARCH 16, 2007
This is before Commission to approve Service Authorization No. 6 to Coastal Planning &
Engineering, Inc., in the amount of $26,750.00 for consulting services in developing plans,
specifications and providing construction services at the Adantic Dunes Boardwalk Project.
Funding is available from 334-4170-572-63.48 (General Construction Fund/Adantic Dunes
Boardwalk).
Recommend approval of Service Authorization No.6 to Coastal Planning & Engineering, Inc., in
the amount of $26,750.00 for consulting services in developing plans, specifications and providing
construction services at the Atlantic Dunes Boardwalk Project.
S:\City CI.rk\AGENDA COVER MEMOS\AGENDA COVER MEMOS\Servic. Authorization Agenda Memos\ServiceAuth Coastlll Planning and Engineering. Inc.
03.211.07.doc
City Of Delray Beach
Department of Environmental Services
M
E
M
o
R
A
N
D
u
M
www.mvdelravbeach.com
TO:
David T. Harden
City Manager
Tracie Lutchmansingh, P .E. ~,k
Assistant City Engineer '1)
FROM:
SUBJECT:
Atlantic Dunes Boardwalk (PIN 2007-021)
Agenda Item: Service Authorization #6; Coastal Planning and Engineering, Inc..
DATE:
March 20, 2007
Attached for review and approval, a Service Authorization for consulting services in developing
construction documents and providing construction services for improvements to the boardwalk at
Atlantic Dune Park. The scope of work will include structural analysis of existing boardwalk to
determine if existing components can be salvaged and reused. In addition to obtaining the
necessary permits with Florida Department of Environmental Protection.
The FY '06-'07 CIP estimated budgeted for this project is $230,000.00. Service Authorization #6
to Coastal Planning & Engineering, Inc. is for a total of $26,750. A copy of the Service
Authorization is attached for your review.
Staff recommends execution of Service Authorization #6 to Coastal Planning & Engineering,
Inc., in the amount of $26,750, for consulting services in developing plans and specifications and
providing construction services at the Atlantic Dunes Boardwalk replace and repair project (PN
2007-021). Funding is available from 334-4170-572-63.48, General Construction Fund.
cc: Richard C. Hasko, P.E.; Director of Environmental Services
Randal Krtticarek, P.E.; City Engineer/ ESD
Rafael Ballestero; Dep. Dir. of Construction
Joe Weldon; Director of Parks and Recreation
Carolanne Kucmerowski, CMT (originals)
City Clerks Office
Agenda File 03-20-07
Project File 2007-021 (A)
S:\EngAdminlProjects\2007\2007-021\OFFICIALlAgenda memo Coastal Planning serv auth 03-20-07.doc
Coastal Planning & Engineering, Inc.
City of Delray Beach
Consulting Service Authorization
Date: February 28, 2007
Service Authorization No.
6
for Consulting Services
City P.O. No.
City Expense
Project Number
4819.
(City)
(CPE)
Title: Atlantic Dunes Boardwalk
I. Detailed Engineering Observation
CPE will perform an observation of the overwalk structure and determine the existing failure
modes, and determine if any of the existing components can be salvaged and reused. A report of
findings will be submitted to the City. A preliminary opinion of probable construction cost will
be created. CPE will attend one meeting with the Engineering and Parks Departments to go over
the findings and outline the scope of the rehabilitation efforts. The City will identify the
materials that they desire for the rehabilitated structure. CPE will contact FDEP and determine if
a field permit is possible for this work or whether a FDEP Coastal Construction Control Line
permit will be required.
2. Plans and Specifications
CPE will develop plans and specifications suitable for a contractor's use. These will include plan
view and detail drawings. Technical specifications will be written as necessary. A bid item
description and an opinion of probable construction cost will be written. The City will provide
one set of completed front end documents. CPE will copy and assemble 10 complete bid sets for
the City's use.
3. FDEP Permitting Services
A FDEP permit is required for this work. It is perceived that a field permit will be possible for
this work. Nevertheless, two permitting methods are proposed. They are the following:
a. CPE will coordinate with FDEP and the City to obtain a field permit from FDEP.
b. CPE will process an application for a Coastal Construction Control Line (CCCL)
permit from FDEP. It is assumed that the City will provide the following as part
of the application:
I. A topographic and boundary survey that meets the requirements of
62B-33, F.A.C.
2. The permit fee.
3. A local government approval letter (from Planning and Zoning).
4. Bidding Services
CPE will attend one pre bid meeting and respond to contractor's request for addenda.
5. Construction Engineering Services
We will attend a preconstruction meeting. We will provide up to 10 engineering observations of
the contractor's work. We will review up to three pay requests and make recommendations to the
City.
The cost of the services is as follows:
Task I Detailed Engineering Observation
Task 2 Plans and Specifications
Task 3a FDEP Field Permit
Task 3b FDEP Permit
Task 4 Bidding Services
Task 5 Construction Engineering Services
Total with Task 3a
Total with Task 3b
$3,000
$7,750
$500
$8,000 (excluding permitting fee)
$1,000
$7000
$19,250
$26,750
Schedule
Task I
Task 2
Task 3a
Task 3b
Task 4 and 5
4 weeks from Notice to Proceed
12 weeks from Notice to Proceed
14 weeks from Notice to Proceed
36 weeks from Notice to Proceed
As scheduled by City
Approved by:
CITY OF DELRA Y BEACH:
CONSULTANT: Coastal Planning & Engineering, Inc.
3/;/DI
Date:
all\ ,...filial'!.".... Dill;;\.:t'Or ~A~69.
"bl
Attest:
Witness
STATE OF FLORIDA
SS
COUNTY OF PALM BEACH
The following instrument was acknowledged before me this . I s+
dayof fY)o.rc\'" 200~, byih..Mo.sj.~~\\of COASTAL
PLANNING & ENGINEERING ., rida Corporation, on
behalf of corpo n. Hels persona known to me and did
not ta e an oat . /
Si
p:\palm beach\delray beach\consulting authorization No.6 atlantic dunes boardwalk.doc
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Date:
15 Mar 2007
AGENDA ITEM NUMBER: g. M
AGENDA REQUEST
Request to be placed on:
_Consent Agenda _X_Regular Agenda _Workshop Agenda _Special Agenda
When:
20 Mar 2007
Description of Agenda Item (who, what, where, how much): Approval of service
authorization for Coastal Planning & Engineering, Inc., in the amount of $26,750, for
consulting services in developing plans and specifications and providing construction
services at the Atlantic Dunes Park for replacement and repair of the boardwalk.
Recommendation: StaffreCO~~1 .a
Department Head Signature. . . . ~
'3-/b'o7
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding AVailabl<(o/1 No Initials: fI::I:--
Account Number 344-4170-572-63.48
Description General Construction J/Jla/;1~t k.s~my ~
Account Balance: t 280 ;000
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda: (3;/ No Initials: f7v /1
Hold Until:
Agenda Coordinator Review:
Received:
S:IEngAdminlProjccts\2007l2007-021 IOFFlCIALlagenda request coastal planning 03-20-07.doc
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGE~
AGENDA ITEM # ~. N - RE\iULAR MEJ;P'ING OF M41tCH 20, 2007
GUARANTEED MAXIMUM PRICE (GMP)/WESTERN/SENIOR
COMMUNITY CENTER/WEITZ COMPANY:
SUBJECT:
DATE:
MARCH 16, 2007
This is before the City Commission to approve Phase II of the Guaranteed Maximum Price (GMP) in
the amount of $10,123,650.00 to The Weitz Company for the Western/Senior Community Center
Project.
Funding will be available from 380-4150-572-62.58 (2004 G.O. Bond/Western/Senior Community
Center) and the proposed bond issue.
Recommend approval of Phase II of the Guaranteed Maximum Price (GMP) in the amount of
$10,123,650.00 to The Weitz Company for the Western/Senior Community Center Project.
S:\City Clerk\AGENDA COVER MEMOS\City Manager Memos\City Manager GMP Phase II Western Senior Community Center Project 03.20.07.ooc
MEMORANDUM
TO:
THRU:
David T. Harden, City Manager
Richard C. Hasko, Environmental Services Director ~
FROM: Bob Diaz, Construction Manager
SUBJECT: AGENDA ITEM - CITY COMMISSION MEETING OF MARCH 20. 2007
GMP PHASE II WESTERN COMMUNITY CENTER/WEITZ COMPANY
DATE: March 12, 2007
This item is before the Commission to approve Phase II of the Guaranteed Maximum Price (GMP) in
the amount of $10,123,650.00 to The Weitz Company for the Western Community Center Project.
The project consists of the construction of a 32,500 square foot facility along with associated parking.
Building components will include a gymnasium with locker facilities, fitness center, daycare center,
multipurpose rooms, food preparation facilities, and staff offices.
Phase I and Pre-construction costs associated with this project were previously approved by
Commission. A total GMP breakdown is detailed below for your reference:
Pre-Construction Services:
Phase I
Phase II
Total GMP
$ 87,740.00
$ 640,957.00
$10.123,650.00
$10,852,347.00
Detail costs for Phase II are itemized on the attached estimate summary (Schedule A) submitted by the
Weitz Company. The all inclusive Schedule (A) includes Pre-Construction Services in the amount of
$87,740.00 and Phase I site work costs in the amount of $640,957.00; for a total GMP of
$10,852,347.00. The project is scheduled to be completed by April 17, 2008. A project schedule and
location map are attached for reference.
Funding for Phase II is proposed from 380-4150-572-62.58 (2004 G.O. Bond/Western Community
Center).
Staff recommends approval of Phase II GMP 1ll the amount of $10,123,650.00 to The Weitz
Company.
cc: Richard Hasko; Director of ESD
Randal Krejcarek, City Engineer
Rafael Ballestero; Dep. Director of Construction, ESD
Carolanne Kucmerowski, CMT
City Clerks Office
Agenda File 3/20/07
File 2004-047 (A)
S:\EngAdminlProjects\2004\2004-047\OFFICIAL\2004-047 3.20.07Agda memo weitz GMP ph 2.doc
Mar.14, 2008 4:04PM
No,7751
p. 4
Schedule "A"
VVEITZ
BUILD IN
GDOD COMPANY.
Estimate Summary
ReV# 1 (3/13/07)
Delray Western/Senior community cent.r
95% CO GPllP
CDB #2004047: WZA. ~01: TWC ~OOO138
February G, 2007
",~" "~,:'.~.';:: ' " .... .. " ".", 0') ,0"1" .. ., ... "
, ' .. " ;
"",.::, t~Dili<l:~, '. ,~~.:, .'\' , ,!io'l4:~'" ' " ':.~~"
V.ff.~, \','
,'JJ~let '~.~~ , . <, QJj11i)8i " " '
.'1-'.' ," \" -...;'" , '.~ . " ?: . "I!'.':" . ,:.., ,', , ""\',: " .. " "
...,,',',\' . .... " , .. "'.,
1 01A Construction Management $ 769,559 $ 680,911 $ 66,648 13 Months; M Weeks; 400 Cilllendar Days
... -.. -....,. - ---.., ..~ , -
2 01B Tesling/QC/Miac $ 4.5.515 $ 35,525 $ 10.000 COnctel'e & SOIl. Only
." ..- .. --
3 01C Gsneral Conditions $ 59,413 $ 65,748 $ (6,335)
~--- - .+-- , ....-...,. ..-
4 03A C6i'forolij 'ShOll 'PEidlUigij $ GG2,Gi'l5 $ 976,462 , 16.203 Concreta entry canopy
~-- .- oJ""-'"
5 oae Architeclu ral Precast COncrete $ 2,720 $ 2,791 $ (71)
-
6 04A Masonry $ 482.866 $ 604.915 $ (122,049)
. -, -
7 OsA StrucltJral Steel $ 874,550 $ 543,043 $ 331..501
- - - . , -. '-
8 0515 Metal irusses & Framing $ 50,970 $ 71.028 $ (20,058)
-- -
9 OSC Mi$c Metals $ 101.232 $ 225,607 $ (124.575)
- -
10 OGA Rough Carpentry $ 112,037 $ 122,391 $ (10,$54)
Addilicnlll woril in ~bIy HaU, MumpUl'po&e
11 061' Mal'lufactured Cabinets $ 95,359 $ 80,558 $ 14,801 I\oom, Ch~dr!li\'a DayCSr1l and ~ & Chair
Ralls.
- ~-
12 OlA Insulation $ 5,665 $ 5,684 $ 1
13 07B Firestopping $ 19.705 $ 6,090 ! $ t3.615
14 070 Membrane Rooting $ 447,827 $ 186.190 $ 261.631 Owner Spec;ifioo Gir1and Rooflng (L.BId)
15 OTE Metal ~onng $ 308.217 $ 235.531 $ n,666 Owner Specified Garland Roofing (L.BId)
--.-
07e Roof Specialties $ $ 2,030 $ (2,030) Roof Ha1dI in /I05C
16 07G Skylighl $ 15,570 $ 9.744 $ 5,826 Aold"Q S~ylights @ Main Canopy
~- .-- "..........
17 07H Cilulkll'lQ 11< Waterproofing $ 50.750 $ 50,750 $
_.
18 OIlA Doors. Framaa & Hardware $ 91,752 $ 73,232 $ 18.520
Change to Slainl~ Steel,
19 081' Overtlead & COiling Doors $ 10,897 $ 5.550 $ 5,347 Motor operatOl's WI aooesaoriea.
Kay locks
20 OSH Storefronls & Gl:azlng $ 211.648 $ 246.562 $ (34,914)
21 OIA Stucco & Plaster $ 222.838 $ 324.293 $ (101,455)
22 OOC Drywall $ 359.230 $ 350,997 $ 8.233
23 09D Tilawork & Stone $ 179,561 $ 180.212 $ (651)
24 OOE Acousti(;;!J1 Treatment $ 86,217 $ 47,872 $ 38.345 Wa~ Panels
-
25 (J9f: Wood Flooring $ 143,775 :Ii 127,732 $ 16,043
26 DOG Carpet & Resilient Flooring $ 134,835 $ 79.222 $ 55,e13 FilM'55 Room FlooIlng PreViOU8ly iIIll12E
-
27 09H SliCcial Flooring $ 0 $ 2,206 $ (2,208) Cllil<1ten's Play AIea in 1I32C
28 09K Painting $ 1 00,272 $ 115.292 $ (15,020)
29 10A General SpeCialties $ 7,720 $ 1,310 $ 6.410 Fe;F~C;~nerGuar08
30 10C Louvers $ 0 $ 24,667 $ (24,867) No Atchitectur'811 HIt AC Lou.,.rs In #23A
31 10D Sign age $ 46,020 $ 55.372 $ (9,352)
32 iDE Lockers $ 12.891 $ 8,323 $ 4,568
33 iOF Protecllve Covers $ 35,969 $ 298.228 $ (262,259) canopy in #03A
34 101 Operable Pllrti1io!'ls $ 96.425 $ 86,215 $ 10,150
35 i(JK Bahama Shutters $ 20.855 $ 46.890 $ (25.835)
Gr0&8 Area (GSF): 36,467
2007 _02..13JldMstr_DW8C_FlnaLRe\l#1
page 1 of 2
3/13/20075:27 PM
Mar.14, 2008 4:04PM
,^,EITZ
BUILD IN
GOOD COMPANV_
Delray Weatem/$enlor Community Center
95"" CD GMP
COB #2004047; Wl,A #0501; lWC (#f000138
FlIbruary 8, 2007
t"':':~~1. '/
..' ...
. ,. ... ",.
.' 't~d;;~pti~" .
,S%cp .....
t~1~1) ,
...
""~CQ.
\'(1ti1$.1/6ll)
"':i--f ...,..~~~ TOilet AccesSories & Partitions
.--.
General Equipment
36 11H Food Service EQuipment
jg r HJ AthleticlTlecreallon equipment
-. -
40 12C Window Treatment
41 12E Seating & Bleachers
10--..
42 21A Fire Protection
43 22A Plumbing
44 2~A HVAC
45 26A Electrical
-..
46 31A Ell rthwork
41 :l1~ Soil Poisoning
48 32A PaVIng, CUrbing & Signage
49 32B PaVers & Walks
50 32C Site Improvemental Furnlshlnge
-
51 32D Irriga~on
62 :J2E Landscape
53 32F Fencing
~
54 33A Site Utilitlea
--
$ 26,247 $ 33.191 $
$ 1,330 $ - $
',---.
$ 61,174 $ 50,750 $
.--
$ 78.500 $ - $
-"--' '~y' -..
$ 4,393 $ 7,615 $
__'0-
$ 55,724 $ 129.727 $
$ 213,150 $ 216,Hl5 $
-----..-...
$ 251,610 $ 246.915 $
. -_. -
$ 772.083 $ 800.869 $
"--
$ 123.062 $ 672,182 $
$ 194.424 $ 165,251 $
$ 1.971 $ 4.122 $
~.
$ 420,020 .!..._._ 392.104 $
$ 56.819 $ 41.818 $
-
$ 81.638 $ 42.427 $
$ 91.553 $ 98.963 $
$ 263.315 $ 261,740 $
$ 61.021 $ . $
$ 214.899 $ 214,899 $
i::.;:'.:' .......,;.:i.~!;:.:: ,".~~~~fAL,':<.:
',;', ,,~\~ _';~"'~:"'_':"_ ~I: ",",1' .; .... ",~"",,\:,..I ....".. " "l
No,7751
p. 5
Schedule "A"
Estimate Summary
Rev# 1 (3113107)
Gros$ Area (GSI"): HAU7
Viri~~
.....~~~
'.':,'" '.:.
(4.944)
1 , $SO Projection S<;reo:on Only
10.424 AlIOW8l1ce (See BI~ Tkl for Equip List)
18.500 pr~VIoo!lly In 1112e:
(3,282)
(74.004) Seell9G
(3,045)
4,695
(28.786) Indeperldent T&B tnclud~
50,680
9.173 Adde~ Betm~ SOUIh & East
(2,151) M.ilrket Pril;C V$. Budget
27.916
15.001
39,211
---
(7.410) MarketP~ce\l8. Budget
1,57$
51 ,021 ~rmanent Ornamentsl & Temp Chailllilik
---
- Phase 111 GM P
......: '$,'
.. ..... "
" " '\. ,"w ,'\ R .,~
J.~j~~:t ,'..': U~ia~ '. ."\~~:
Permits 6y OWner
Pre-Construction Services $ 8'1.740 $ 87,740 $ "
General LlabllllYlnsurance 1.025% $ 110,337 $ 114,067 $ (3.730)
Warranty Services 0.25% $ 26,912 $ 25.92.& $ 988
Builders Fllsk InSU/l!lnce Quote $ 55,646 $ 69.996 $ (14.347)
Pertormance & Payment Bond 1.00% $ 107,646 $ 103,697 $ 3.949
Tille Savings -1.00% $ (107.646) $ (103,697) $ (3,949
ESCllla~on 0.000/. $ _ $ _ $ _
COnlr'ilctor COntingency 3.00% $ 298.602 $ 287.648 $ 10,954
COn$truclion Fee 5.00% $ 512.600 $ 493,796 $ 16,604
.,.~irc:~.";'~;~~;~;#m~~~~!~i::',:: "'~':~-)~'.."'"i';.'.4.'!~~~~:~'.~:S~:~~~~"'!~::::,:~:;:i~i:
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2007 _O:il.13""BdM8lt_DWSC]iliaUleV#1
page 2 of 2
3113120075:~7 PM
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CITY of DELRA Y BEACH
ENVftONMENT AL SERVICES DEPAR'T'ME:NT
434 BOOTH 8WINT'ON AYENUE, CEUlAY IlEACH, FI..OFtDA 33444
I
WESTERN COMMUNITY CENTER
LOCATION MAP
2004-047
Date:
13 Mar 2007
AGENDA ITEM NUMBER:
<8.';
AGENDA REQUEST
Request to be placed on:
~Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When: 20 March 2007
Description of Agenda Item (who, what, where, how much):
This item is before the Commission to approve Phase II of the Guaranteed Maximum Price (GMP) in the amount of
$10,123,650.00 to The Weitz Company for the Western Community Center Project.
The project consists of the construction of a 32,500 square foot facility along with associated parking.
Building components will include a gymnasium with locker facilities, fitness center, daycare center, multipurpose
rooms, food preparation facilities, and staff offices.
Phase I and Pre-construction costs associated with this project were previously approved by Commission. A total
GMP breakdown is detailed below for your reference:
Pre-Construction Services:
Phase I
Phase II
Total GMP
$ 87,740.00
$ 640,957.00
$10.123.650.00
$10,852,347.00
Detail costs for Phase II are itemized on the attached estimate summary (Schedule A) submitted by the Weitz
Company. The all inclusive Schedule (A) includes the Pre-Construction Services in the amount of $87,740.00 and
Phase I site work costs in the amount of $640,957.00; for a total GMP of $10,852,347.00. The project is scheduled
to be completed by April 17, 2008. A project schedule and location map are attached for reference.
Funding for Phase II is proposed from 380-4150-572-62.58 (2004 G.O. BondlWestern Community Center).
Staff Recommendation: ~C- ~
Department Head Signature: _ _ .~ _
~~ lb. 07
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes @ Initials: 'KN o"!l' '-('Z--':t ~ -.:::s:s
Account Number
380-4150-572-62.58
Description G.O. BondlWestern Community Center
Account Balance: $ '1{ f..p 7<;, V ILo {n ~.ll.)'Yw..t ry ~!o7 ~
Funding Alternatives:'; -;. S-S"'2...3~1 : ~ p'-l-z.cx:::>7 (if applicable)
Y"~POS'~ ~~~S) :L<;5'I~
City Manager Review:
Approved for Agenda: {}s I No Initials: dr1
Hold Until:
Agenda Coordinator Review:
Received:
s: \EngAdmin \Projects \2004 \2004-04 7\OFFI CIAL \2004-047 - Weitz 3.20.07.doc
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CTIY MANAGE~
AGENDA ITEM # <6 · 0- REGULAR MEETING OF ~H 20, 2007
FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT /
WALGREENS
SUBJECT:
DATE:
MARCH 16, 2007
This is before the Commission to authorize the City to act as the utility permit applicant for a water
service connection within the state right-of-way for Walgreen's, located at the intersection of West
Adantic Avenue and Military Trail and approve a hold harmless agreement with the developer
(Rockwell Development).
The developer is connecting a fire hydrant into the existing main. The water main is within the state
right-of-way. The Florida Department of Transportation requires the City to act as the utility permit
applicant. The proposed agreement provides that the developer will hold the City harmless for the
general work to be performed under the permit.
Recommend approval of the hold harmless agreement for work performed within the state right-of-
way between the City and Rockwell Development.
S:\City Clerk\agenda memos\HoId Harmless Agmr Rockwell Development 032007
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN DUM
TO:
FROM:
David T. Harden ~ / I
Randal L. Krejcarek, P.E. R ~
15 Mar 2007
DATE:
SUBJECT:
Hold Harmless Agreement for FOOT Utility Permit
Walgreen's (W Atlantic Ave @ Military Trail
Commission Agenda Item
The attached agenda item is for Commission approval/authorization for Mayor to
execute a Hold Harmless agreement for the proposed Walgreen's store at the
intersection of W Atlantic Ave and Military Trail. The developer is connecting a fire
hydrant to an existing water main in the Florida Department of Transportation (FOOT)
right-of-way, and FOOT requires the City to act as the utility permit applicant. The
attached agreement holds the City harmless for the work performed under the permit.
Attached is a location map.
If acceptable please place it on the 20 Mar 2007 Commission agenda.
Ene
Ce Brian Shutt, Assistant City Attorney
File
S:IEngAdminlTACIWalgreens (W. Atlantic Ave. & Military Tr.)\hold harmless agenda memo.doc
HOLD HARMLESS AGREEMENT FOR WORK
PERFORMED WITHIN THE STATE RIGHT-OF-WAY
THIS HOLD HARMLESS AGREEMENT, is entered into this _ day of
, 200_ by and between the CITY OF DELRAY BEACH, FLORIDA,
(hereinafter referred to as "CITY") and
, (hereinafter
referred to as "DEVELOPER").
WIT N E SSE T H:
WHEREAS, DEVELOPER wishes to instalVconstruct utilities in the right-of-way of
the State of Florida; and
WHEREAS, the CITY is required to sign the permit on behalf of the DEVELOPER to
allow the installation/construction to take place in the State right-of-way; and
WHEREAS, the CITY is required to indemnify and hold harmless the State for the work
performed by DEVELOPER in the State right-of-way; and
WHEREAS, this Agreement shall provide that DEVELOPER shall hold harmless and
defend the CITY and the State for the work performed in the State right-of-way by the
DEVELOPER, its contractor or agent.
NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the
date set forth above, the parties hereby agree as follows:
1. The recitations set forth above are incorporated herein.
2. DEVELOPER, in consideration of the payment of Ten Dollars ($10.00), receipt
of which is hereby acknowledged, agrees to defend, indemnify, and hold harmless the CITY and
the State, their agents, officers, employees and servants from any and all claims, suits, causes of
action or any claim whatsoever made, and damages, including, but not limited to reasonable
attorney's fees and costs at the trial and appellate levels, which may result from any activity
conducted by DEVELOPER, its contractors or agents in relation to the work performed in the
State right-of-way and as more particularly shown on the engineering plans submitted for the
development known as
3. DEVELOPER warrants and guarantees to the CITY that all work on the utility
improvement shall be constructed in accordance with the applicable codes of the City of Delray
Beach and the State of Florida. The DEVELOPER'S warranty and guarantee shall remain in
effect for one year from the date of final acceptance. Umemedied defects identified for
correction during the warranty/guarantee period but remaining after its expiration shall be
considered as part of the obligations of the guarantee and warranty. Defects in the installation or
construction of the utility improvement, which are remedied as a result of obligations of the
warranty/guarantee shall subject the remedied portion of the work to an extended
warranty/guarantee period of one year after the defect has been remedied. DEVELOPER shall
deliver this agreement to its Surety. The Surety shall be bound with and for the DEVELOPER
in the DEVELOPER'S faithful observance of the guarantee.
4. DEVELOPER, shall supervise and direct the installation and construction of the
utility improvement, applying such skills and expertise as may be necessary to perform the work
in accordance with the approved engineering plans. DEVELOPER shall be solely responsible
for the means, methods, techniques, sequences and procedures of the construction and
installation ofthe utility improvement.
5. Any claims, lawsuits or disputes that may arise under this Agreement shall be
governed by the Laws of Florida, with venue in Palm Beach County, Florida.
2
6. This Agreement constitutes the entire agreement and understanding of the parties,
as it pertains to the construction or installation of the utility. There are no representations or
understandings of any kind not set forth herein. Any amendments to this Agreement must be in
writing and executed by both parties.
7. DEVELOPER or its contractor shall maintain worker's compensation insurance
in an amount required by law and general liability insurance in the amount of one million dollars
($1,000,000.00) governing bodily injury and property damage in standard form, insuring CITY
and the State as additional named insureds. DEVELOPER or its contractor shall provide this
information to the CITY on a Certificate of Insurance, that is acceptable to the CITY, prior to
commencing installation or construction.
8. DEVELOPER shall be bound by all the terms and conditions found in the Utility
Permit Agreement between the CITY and the State for this project and attached hereto as Exhibit
"A".
9. This agreement shall not be valid unless signed by the City's Mayor and City
Clerk.
IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day
and year first written above.
ATTEST:
By:
CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk
Approved as to Form:
By:
Jeff Perlman, Mayor
City Attorney
3
WITNESSES
DEVELOPER:
By:
(Print or Type Name)
(Print or Type Name)
Address:
(Print or Type Name)
Phone:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument
,200_ by
officer or agent) of
acknowledging), a
of the corporation.
was acknowledged before me this _ day of
(name of officer or agent, title of
(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 and did (did not) take
an oath.
Signature of Notary Public-
State of Florida
4
FORM 710-010-85
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES
UTILITY PERMIT OGe - 06104
PERMIT NO.: I SECTION NO.: STATE ROAD COUNTY
FOOT construction is proposed or underway. DYes lEI No Financial Project 10:
Is this work related to an approved Utility Work Schedule? DYes lEI No If yes, Document Number:
PERMITTEE: Delray Beach Engineering Department
ADDRESS: 100 Northwest 1st Avenue TELEPHONE NUMBER: (561) 243 - 7322
CITY/STATE/ZIP: Delray Beach, Florida 33444
The above PERMITTEE requests permission from the State of Florida Department of Transportation, hereinafter called the FOOT, to construct,
operate and maintain the following: +1- 30' of 8" water line on West Atlantic Avenue Right-of-Way.
FROM: the existing water mian in West Atlantic Avenue TO: The property line at 4999 West Atlantic Avenue
Submitted for the PERMITTEE by: Michael W. Hagerty, P.E.
Name and Title Signature Date
(Tv oed or Printed Lealblv)
1. The Permittee declares that prior to filing this application, the location of all existing utilities that it owns or has an interest in, both aerial and underground,
are accurately shown on the plans and a letter of notification was mailed on to the following utilities known to be involved or
potentially impacted in the area of the proposed installation:
2. The local Maintenance or Resident Engineer, hereafter referred to as the FOOT Engineer, shall be notified a minimum offorty eight (48) hours in advance
prior to starting work and again immediately upon completion of work. The FOOT's Engineer is , located at
, Telephone Number . The Permittee's employee responsible for MOT is
, Telephone Number . (This name may be provided at the
time of the forty eight (48) hour advance-notice prior to starting work).
3. All work, materials, and equipment shall be subject to inspection and approval by the FOOT Engineer.
4. All plans and installations shall conform to the requirements ofthe FOOT's UAM in effect as of the date this permit is approved by FOOT, and shall be made
a part of this permit. This provision shall not limit the authority of the FOOT under Paragraph 8 of this Permit.
5. This Permittee shall commence actual construction in good faith within days after issuance of permit, and shall be completed within
days after the permitted work has begun. If the beginning date is more than sixty (60) days from the date of permit approval, the
Permittee must review the permit with the FOOT Engineer to make sure no changes have occurred to the Transportation Facility that would affect the
permitted construction.
6. The construction and maintenance of such utility shall not interfere with the property and rights of a prior Permittee.
7. It is expressly stipulated that this permit is a license for permissive use only and that the placing of utilities upon public property pursuant to this permit shall
not operate to create or vest any property right in said holder, except as provided in executed subordination and Railroad Utility Agreements.
8. Pursuantto Section 337.403(1), Florida Statues, any utility placed upon, under, over, or along any public road or publicly owned rail corridor that is found by
FOOT to be unreasonably interfering in any way with the convenient, safe, or continuous use, or maintenance, improvement, extension, or expansion, of
such public road or publicly owned rail corridor shall, upon thirty (30) days written notice to the utility or its agent by FOOT, be removed or relocated by such
utility at its own expense except as provided in paragraphs (a) and (b), and except for reimbursement rights set forth in previously executed subordination
and Railroad Utility Agreements, and shall apply to all successors and assigns for the permitted facility.
9. It is agreed that in the event the relocation of said utilities are scheduled to be done simultaneously with the FOOT's construction work, the Permittee will
coordinate with the FOOT before proceeding and shall cooperate with the FOOT's contractor to arrange the sequence of work so as not to delay the work of
the FOOT's contractor, defend any legal claims of the FOOT's contractor due to delays caused by the Permittee's failure to comply with the approved
schedule, and shall comply with all provisions of the law and the FOOT's current UAM. The Permittee shall not be responsible for delay beyond its control.
10. In the case of non-compliance with the FOOT's requirements in effect as ofthe date this permit is approved, this permit is void and the facility will have to be
brought into compliance or removed from the RMI at no cost to the FOOT, except for reimbursement rights set forth in previously executed subordination and
Railroad Utility Agreements. This provision shall not limit the authority of the FOOT under Paragraph 8 of this Permit.
11. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the State's right, title and interest in the land to be
entered upon and used by the Permittee, and the Permittee will, at all times, and to the extent permitted by law, assume all risk of and indemnify, defend,
and save harmless the State of Florida and the FOOT from and against any and all loss, damage, cost or expense arising in any manner on account of the
exercise or attempted exercises by said Permittee of the aforesaid rights and privileges.
12. During construction, all safety regulations ofthe FOOT shall be observed and the Permittee must take measures, including placing and the display of safety
devices that may be necessary in order to safely conduct the public through the project area in accordance with the Federal MUTCO, as amended for
highways, the requirements ofthe Standard Application Package for railways, including flagging services and Railroad Protective insurance or acceptable
alternative, when applicable, and the FOOT's Oesign Standards, Indexes 600-670, and Standard Specifications for Road and Bridge Construction, Section
102, as amended by the UAM. When a Utility deems it necessary to conduct Traffic Control activities and methods significantly different from those
addressed in the above references, the Utility must submit an alternative plan signed and sealed by a licensed Florida professional engineer qualified to
develop TCP in accordance with the provisions of Chapter 8 of the UAM.
13. Should the Permittee be desirous of keeping its utilities in place and out of service, the Permittee, by execution of this permit acknowledges its present and
continuing ownership of its utilities located between and
within the FOOT's RMI as set forth above. Whenever the
Permittee removes its facilities, it shall be at the Permittee's sole cost and expense. The Permittee, at its sole expense, shall promptly remove said out of
service utilities whenever the FOOT determines said removal is in the public interest.
14. In the event contaminated soil is encountered by the Utility or anyone within the permitted construction limits, the Utility shall immediately cease work and
notify the FOOT. The FOOT shall coordinate with the appropriate agencies and notify the Permittee of any suspension or revocation of the permit until
contamination assessment and remediation, as appropriate under Rule Chapters 62-770 and 62-730 Florida Administrative Code, has progressed to a state
that all environmental regulatory agencies having jurisdiction have approved the site of the contamination for resumption of work.
15. For any excavation, construction, maintenance, or support activities performed by or on behalf of the FOOT, within its RMI, the Permittee may be required by
the FOOT or its agents to perform the following activities with respect to a Permittee's facilities: physically expose or direct exposure of underground facilities,
provide any necessary support to facilities and/or cover aerial facilities as deemed necessary.
16. Pursuant to Section 337.401 (2), Florida Statutes, the permit shall require the permit holder to be responsible for damage resulting from the issuance of the
oermit. The FOOT may initiate injunctive proceedings as provided in s.120.69 to enforce provisions of this subsection or any rule or order issued or entered
Page 1 of 2
FORM 710-01Q-8S
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTilITIES
UTILITY PERMIT OGC - 08104
into pursuant thereto.
17. Pursuant to Section 337.402, Florida Statutes, when any public road or publicly owned rail corridor is damaged or impaired in any way because of the
installation, inspection, or repair of a utility located on such road or publicly owned rail corridor, the owner of the utility shall, at his or her own expense,
restore the road or publicly owned rail corridor to its original condition before such damage. If the owner fails to make such restoration, the authority is
authorized to do so and charge the cost thereof against the owner under the provisions of s.337.404.
18. The Permittee shall comply with all provisions of Chapter 556, Florida Statutes, Underground Facilities Damage Prevention and Safety Act.
19. Special FOOT instructions: _
.
It is understood and agreed that commencement by the Permittee is acknowledgment and acceptance of the binding nature of all the above listed permit
conditions and special instructions.
20. Receipt ofthis permit acknowledges responsibility to comply with Section 119.07(3), Florida Statutes, and UAM Chapter 4. 5.2, regarding Exempt Documents
and Security System Plans Requests.
21. By the below signature, the Permittee hereby represents that no change to the FOOT's standard Utility Permit form, as incorporated by reference into Rule
14-46.001, for this Utility Permit has been made which has not been previously called to the attention of the FOOT (and signified to by checking the
appropriate box below) by a separate attached written document showing all changes and the written and dated approval of the FOOT Engineer. Are there
attachments reflecting change/s to the standard form? ONO 0 YES If Yes, _ pages are attached.
PERMITTEE SIGNATURE I DATE: I
Name & Title of Authorized Permittee or Agent
(Tv oed or Printed Legiblv)
APPROVED BY: ISSUE I
DATE:
District Maintenance Engineer or Designee
DATE:
DATE WORK STARTED:
DATE WORK COMPLETED:
INSPECTED BY:
(Permittee or Agent)
CHANGE APPROVED BY: I DATE:
District Maintenance Engineer or Designee
UTILITY PERMIT FINAL INSPECTION CERTIFICATION
I the undersigned Permittee do hereby CERTIFY that the utility construction approved by the above numbered permit was inspected and installed in accordance with
the approved plans made a part of this permit and in accordance with the FOOT's current UAM. All plan changes have been approved by the FOOT's Engineer and
are attached to this permit. I also certify that the work area has been left in as good or better condition than when the work was begun.
PERMITTEE:
Name & Title of Authorized Permittee or Agent
T d or Printed Le ibl
SIGNATURE:
DATE:
CC: District Permit Office
Permittee
Page 2 of 2
Date:
15 Mar 2007
AGENDA. ITEM NUMBER(V
AGENDA REQUEST
Request to be placed on:
-2L Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When: 20 Mar 2007
Description of Agenda Item (who, what, where, how much):
Commission approval/authorization for Mayor to execute a hold harmless agreement
with Rockwell Development for the Walgreen's at W Atlantic Ave and Military Trail.
This agreement is subject to review and approval by the City Attorney.
Staff Recommendation: ~-a
Department Head Signature: ~ ~. ~L--
^')-I'-;-\)7
City Attorney ReviewlRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials: N.A.
Account Number
Description
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
~\
Approved for Agenda: ~} / No
~
Initials: ~
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmin\TAC\Walgreens (yV. Atlantic Ave. & Military Tr,)\hold harmless agenda item. doc
City of Delray Beach
Memo
From:
City Commission
City Manager t1Jt-l
To:
cc:
Date:
Re:
March 16, 2007
Video of Delray Youth Vocational Charter School
Last year we submitted the Delray Youth Vocational Charter School for an award from the
International City Management Association (ICMA). Although we did not receive the award,
ICMA has taken note of the school as a highly effective and innovative program, As a result,
we were contacted by representatives of ICMA to do a video presentation about the Charter
School program to be shown at this year's ICMA conference in Pittsburgh. This will give the
City of Delray Beach international publicity and recognition among local governments, and
will assist other local governments in dealing with issues our Charter School was created to
address.
In developing material to make this presentation for the conference, ICMA TV will take 3 - 4
hours of video. This video will be ours and we can edit it to prepare our own video programs
to publicize the school, use for fund raising, and develop a show for an "On 98" program on
BRET. This proposal requires the City to pay the production costs for the video of $19,500.
The timeframes involved did not permit this to be brought to a regular commission meeting
before a decision had to be made, so we are seeking formal commission approval after the
fact.
Recommendation: We request that the Commission ratify the agreement by the staff to
have ICMA TV prepare a video about the Delray Beach Youth Vocational Charter School and
authorize the City Manager to execute the attached contract for video production.
~.~
From: Ladizinsky, Ivan
Sent: Tuesday, February 13, 2007 2:25 PM
To: Harden, David
Subject: RE: ICMA TV - 93rd Annual ICMA Conference
Fantastic. There are any number of articulate people who could speak to the subject of the Youth
Vocational Charter School, its history, its philosophy and its success. Officer Joe Hart, Lt. Hal
Knabb, Fred Glass and Perry DonFrancisco (one of the big boosters) along with Loren Sheffer
and Dr. Frank Little. There may be some of the students and graduates that could be asked to
participate. We could certainly re-visit the subject on Channel 98 and produce a slick DVD to
promote the school at public meeting and potential donors.
IVAN
From: Harden, David
Sent: Tuesday, February 13, 20072:09 PM
To: Ladizinsky, Ivan
Cc: Schroeder, Larry; Barcinski, Robert; Smith, Douglas
Subject: FW: ICMA TV - 93rd Annual ICMA Conference
What do you think?
From: Mike Buttigieg [mailto:mike@hblmedia.com]
Sent: Tuesday, February 13, 2007 10:35 AM
To: Harden, David
Subject: ICMA TV - 93rd Annual ICMA Conference
l!Y]
Hi David,
Many thanks for your time on the phone yesterday, it was good speaking with you. To confirm some of the
key points, please find below the outline information of our television programming for the 93rd ICMA
Annual Conference Be. Exposition in Pittsburgh/Allegheny County, Pennsylvania, October 7 - 10,2007.
ICMA TV is designed to provide background information for this prestigious gathering of city managers,
addressing pertinent issues of local government. ICMA TV reflects the conference agenda and will feature
interviews with keynote speakers, leading city/ town / municipality figures, industry thought leaders and a
comprehensive review of current issues, technologies and business strategies shaping the public sector.
The theme of this year's conference broadcasting is the pursuit of excellence and sustainability in Local
Government, In this context, as discussed, we will include five 'thought leadership' features in the ICMA
TV Annual Conference Special, in the form of five minute slots on issues and initiatives pertinent to the
local government agenda. Having spoken with you it is clear Delray Beach is uniquely placed to
disseminate best practice on a number of levels, particularly on the work surrounding the Delray Youth
Vocational Charter School - innovative youth engagement being a key focus of the conference. Delray
Beach would also be a boon to the conference as whilst it would be easy for us to go to larger cities and
have them talk about best practice, the lCMA is particularly keen to show what can be achieved by smaller
Councils with more limited budgets through effective city management.
The standard format for a full five-minute feature consists of an interview with your key spokespersonls
on topics of your choosing, either at your premises or at another specified location. The interview can be
edited together with a review of your current activities, a case study and lor any new initiatives you want
to promote to the wider Local Government community. In terms of making sure you get the most value
out of the programme, it would be worth thinking about how you may wish to use the film afterwards
(e.g. public information film, promotional film for individual project/initiative etc, posted on Council
website to inform residents of coming activities) so that our BBC producers can make sure the 'rushes' can
easily be edited into that format.
The television programmes will be available for delegates to view on plasma screens in the conference
area throughout each conference day. DVD copies of the programmes will be made available to delegates
at the event, as will ICMA 1V newsletters detailing the individual films, as well as being shown in delegate
hotel rooms before being uploaded to the dedicated ICMA 1V website for six months post conference.
Ultimately of course, the full reusability of the footage will be handed over to you as a reusable television
resource,
The standard sponsor package, which is available at $19,500, consists of:
Travel to your designated location
· Pre-production consultation with our producers (allowing you to brief us on your preferred
subject matter and convey your long term plans for the 2-3hrs of rushes).
A 10-second animated 'sting' with the sponsor's logo, e.g. "This section of the programme is
brought to you by 'Delray Beach City Council'. H
· Pre-recorded interview between the sponsor's spokesperson and the ICMA 1V programme
presenter, plus case study for inclusion in the programme to form a five minute film.
Inclusion in the lCMA TV Newsletter for conference delegates
· Inclusion on the lCMA TV website post-conference
Sponsors receive 5 DVD-Roms of their programme segment, plus 1 DVD copy of the programme
in its entirety.
Sponsors have the right to re-use their 3-4 hrs of rushes (unused footage) for their
own communications / pr purposes.
I hope you find this useful and look forward to speaking later this week.
Kind regards,
Mike
Michael Buttigieg
Project Director
T:+44(0)2076121830
F: +44 (0) 207 636 7446
W: www.thelocalgovernmentchannel.com
hbl media
2nd Floor,
Great Titchfield House.
14-18 Great Titchfield Street,
London.
W1W 8BO
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HBl Media
Terms & Conditions
1. Terms & Conditions
The following terms and conditions apply to the Contract (see definition below) and each
future request for the supply of services and/or materials received by the agency from the
Partner (see definition below) from time to time unless otherwise agreed in writing. The
supply of the Deliverables (see definition below) shall be subject to these terms, which shall
take precedence over any terms and conditions of the Partner.
2. Definitions
In these terms and conditions the following words shall have the meanings given in this
clause:
2.1 "Agency" means HBL Media Limited of Devonshire House, 1 Devonshire Street,
London W1W 5DR, a Company registered in England with Company No. 03520183;
2.2 "Partner" means the person, firm or company described as such in the Partnership
Order Form. Nothing in this agreement shall create or be deemed to create a legal
partnership;
2.3 "Contract" means the contract consisting of the Partnership Order Form and these
terms and conditions and concluded by the Partner signing the Partnership Order
Form and returning it to the Agency;
2.4 "Deliverables" means the services and/or materials to be supplied by the Agency
under this Contract described in the Partnership Order Form being the production of
a short televisual to be shown as part of a series of television and news programmes
to be broadcast on a closed network of plasma screens to delegates at the
conference specified in the Partnership Order Form (or in the event of a change of
venue or date, at the conference as relocated or rescheduled) in the hotel rooms of
selected hotels at which delegates are expected to stay and by any other means
specifically agreed.
2,5 "Partnership fee" means the fee to be charged by the Agency for the Deliverables
and specified in the Partnership Order Form; .
2.6 "Rights" means all copyright, design rights (whether registered or unregistered),
patents, rights and trademarks (whether registered or unregistered) database rights
or other intellectual property rights in the Deliverables, for the full term of those rights,
worldwide.
3. The Agency's Obligations
The Agency will use its reasonable care and skill in the production and supply to the Partner
of the Deliverables provided for in the Partnership Order Form and otherwise agreed in
writing.
4. Consideration
In return for the Agency's production and supply of Deliverables, the Partner shall pay the
Partnership Fee within 30 days of invoice. The Agency will raise an invoice for the
Partnership Fee upon the return of the signed Partnership Order Form.
The Agency reserves the right to require the Partner to pay the total Partnership Fee up front
before the Agency commences any work. If a final Partnership Fee has not been agreed at
the time of concluding the contract, the Agency will require the Partner to pay a percentage
of the estimated total Partnership Fee in advance to cover the Agency's time in attending
meetings and/or producing Deliverables in advance of a final sign off by the Partner of the
budget.
5. De/iverab/es and Changes
The Partner warrants that Deliverables referred to overleaf are accurate in all respects and
accord with the services that the parties have agreed will be provided. As the Partnership
Fee and any preset dates for supply of the Deliverables will be agreed on the basis of that
information, any changes to it after the conclusion of the Contract, whether resulting from
alterations by the Partner, delay in providing the Agency with materials, information,
instructions or authorisations, supply of faulty materials to the Agency by the Partner, or any
other circumstances beyond the Agency's control, will be subject to extra charges for the
Agency's time and work and may involve delays in supply. The Partner will pay these extra
charges and reimburse the Agency for any third party charges or expenses incurred by the
Agency.
6. Production
Unless otherwise agreed in writing, the Agency will arrange and oversee all production and
post production related to the provision of the Deliverables. Should it be agreed that the
Partner arranges any production work itself, then in that regard, the Agency shall not be
responsible for the booking, supervision or quality control of any relevant facilities, nor will it
, ,
be responsible for payment of any related charges. Not less than ten days prior to the
conference referred to in the Partnership Order Form, the partner will proffer to the Agency
its selected representative(s) to take part in the pre-recorded production forming part of the
Deliverables.
7. Approvals
The Agency agrees to use its reasonable endeavours to obtain the Partner's approval of the
final televisual.
Where materials are sent to the Partner for approval, the Partner shall check them carefully
and notify the Agency by email, fax or post of any errors or alterations. The Agency will use
its reasonable endeavours to effect the changes so notified but the Agency reserves the
right to charge extra if any of these alterations either go beyond the original Deliverables or
are notified to the Agency more than three working days after their supply to the Partner.
Where notification of errors is either delayed in this way or does not occur at all before
publication, the Agency will not be liable in respect of any such errors. The Agency will also
not be liable in respect of errors occurring where the Partner either does not pay for proofs
or mockups or oversees the print and production process or does not allow enough time in
the production schedule to check layouts, copy, pagination or other content aspects.
8. Rights
The Partner shall have a royalty free licence, coming into effect on payment of the relevant
invoice to use the Deliverables for its own marketing purposes. Such licence shall be
automatically terminated if the Partner either:-
8.1 Does not pay the Partnership Fee in full by the due date; or
8.2 (Being a Company) passes a resolution for winding up otherwise than for the
purposes of solvent amalgamation or reconstruction or a Court makes an Order to
that effect; or
8.3 (Being a partnership or other unincorporated association) is dissolved or (being a
natural person) dies; or
8.4 Becomes or is declared insolvent or convenes a meeting of or makes or proposes to
make any arrangement or composition with its creditors; or
8.5 Has a liquidator, receiver, administrator, administrative receiver, manager, trustee or
similar officer appointed over any of its assets; or
8,6 Ceases or threatens to cease to carry on business.
If the Partner wishes to use the Deliverables in ways going beyond the parameters set out
above, it must approach the Agency for prior written consent.
Insofar as use of the Deliverables as per the Contract involves use of third party material, the
Agency will secure such licence as is necessary to allow the required use of the same.
Subject to the above and to the rights of any third party, ownership of the Rights shall remain
vested in the Agency unless and until any assignment or other disposition of the Rights is
agreed between the parties in writing.
For the avoidance of doubt, where the Agency makes any presentation to the Partner going
beyond the Deliverables, the Partner shall have no right to make use of any material
contained in such presentation unless and until a separate contract is concluded between
the parties.
Use of this may involve the Partner in continuing liability to third parties, for example for
royalties, licence fees and performance fees. The agency will endeavour to notify the
Partner of these as soon as practicable during the production process.
If, during or after the use of the Deliverables, envisaged in this Contract, the Partner wishes
to use or authorise another to use the Deliverables or any part thereof in ways outside those
contemplated in this Contract, the Agency will not unreasonably withhold its consent for such
use but may make such consent conditional on prior agreement between the parties as to
reasonable fees and/or royalties.
9. Compliance
It shall be the sole responsibility of the Partner to ensure that the Deliverables comply with
all local laws (whether consumer, public or civil), regulations or codes in all countries in
which use is intended as stated in the contract. It shall also be the Partner's responsibility to
ensure that the Deliverables carry all disclaimers, warnings and public information which any
competent lawyer of a client in any of the relevant jurisdictions will advise.
Accordingly, the Partner agrees to indemnify and hold harmless the Agency and its agents
and employees from any liability, costs, loss, damages award, sum payable by way of
settlement or other expense of any kind (including reasonable legal fees), arising from any
claim, demand or action alleging that the Deliverables or use of them are contrary to any
law, code or regulation in any country.
10. Publicity and Examples
Notwithstanding the licence described in clause 8 above or any other disposition of the
Rights agreed between the parties, the Agency shall have a continuing right to use the
Deliverables for the purposes of advertising or otherwise promoting the Agency's work. The
Partner shall unless otherwise agreed mark all design work supplied as part of the
Deliverables with the phrase "production by HBL Media" (or appropriate variants as agreed)
in a suitable place. The Agency reserves the right to request the non-appearance or
removal of this credit in any particular case. The Partner shall comply with any such request
within thirty days but shall not thereby be obliged to make changes to materials already
produced or published.
11. Trademarks and Domain Names
If any Deliverables use any trademarks, trading styles or trade names ("Marks"), or any pre-
recorded footage owned by the Partner or under its control, it is agreed that the Agency shall
have the right to use or allow use of any such Marks or footage for the purpose of fulfilling
the Agency's obligations under the Contract. The Agency shall not gain any rights over such
Marks or footage by virtue of such use, but the Agency shall be entitled to use the Marks and
footage both during and after the production and supply of the Deliverables to promote and
advertise its own work.
It shall be the Partner's responsibility to ensure that all domain names used in connection
with the Deliverables are where practicable properly registered and do not infringe any third
party rights and that any Marks or footage of the Partner or any third party used in the
Deliverables, including such Marks as are supplied by the Agency as part of the
Deliverables, are used in a manner which neither undermines the Partner's rights in its
Marks nor infringes any third party rights. The Partner expressly indemnifies the Agency
against any loss or expense arising howsoever (including but without prejudice to the
. .
generality of the foregoing any liability for the Agency's own legal costs), as a consequence
of any claim arising in any way howsoever out of the Agency's use of material supplied by
the Partner,
12. Rejection or Cancellation
12,1 If written notice of cancellation is received by the Agency within seven days of the
signed order form being received, the Agency will, to the extent that it has been paid,
refund and to the extent that it has not been paid, remit, the entire liability for the
Partnership Fee,
12.2 If written notice of cancellation is received between seven and twenty one days of the
signed order form being received by the Agency, the Agency will remit or refund as
appropriate 50% of the Partnership Fee.
12.3 Receipt of any purported notice of cancellation outside the timescales given above
will be of no consequence. The Partner will be responsible for the full Partnership
Fee as if purported cancellation had not taken place, excluding such committed third
party expenses as the Agency is able to avoid liability for within its existing
contractual commitments to suppliers,
13. Property
Where Deliverables are supplied to the Partner on computer disks, CD, DVD or other
electronic storage method, then the Agency remains the owner of these storage media and
reserves the right to require immediate return of them. Should any artwork be supplied to
the Partner in digital form, the Partner may not amend it or otherwise use it for purposes
outside those contemplated by this contract without the Agency's express prior written
permission.
14. Liability
The Agency accepts liability for its own negligence or faults in the Deliverables but only to
the extent stated in this clause.
The Agency does not exclude or restrict its liability for death or personal injury resulting from
negligence.
The Agency's liability to the Partner in contract law or in tort or otherwise howsoever arising
in relation to this contract is limited to the amount of the Partnership Fee.
The Agency will not be liable to the Partner for any loss or destruction of the software or
systems, temporary or otherwise, which occurs following use of the Deliverables except and
to the extent that it is caused by the wilful default of one of the Agency's employees.
Although the Agency will endeavour to ensure that the Deliverables contain no software
routine designed to permit unauthorised access, disable or erase existing software or
software contained in the Deliverables or any data or hardware, the Agency shall not, except
insofar as it cannot exclude its liability for death or personal injury caused by its negligence,
be liable for any damage, physical or otherwise, loss or expense caused either directly or
indirectly by the use of the Deliverables.
The Agency shall not be liable in any way in respect of any failure, delay or defect in the
supply or use of the Deliverables caused by the supply or specification by the Partner of
unsuitable material or content or by the reproduction of the Deliverables by a third party.
Where such event could not reasonably have been prevented or controlled by the Agency,
the Agency is not liable to the Partner if any hardware or software used in conjunction with
the Deliverables malfunctions, fails or is otherwise unable to communicate with other
systems or internet users (including where computer viruses have caused such failures)
such that the use of the Deliverables is hindered or impeded.
In any event, the Agency is not liable to the Partner for the following damage howsoever
caused and even if foreseeable by the Agency:
14.1 Economic loss including loss of profits, business, contracts, revenues, goodwill,
production and anticipated savings of any description;
14.2 Loss arising from any claim made against the Partner by any other person; or
14.3 Loss or damage arising from the Partner's failure to fulfil its responsibilities or any
matter under the control of the Partner.
, . '.'
15. Sub-Contracting and Assignment
The Agency may sub-contract any or all of its rights and obligations hereunder and may, with
the Partner's consent, such consent not to be unreasonably withheld assign the benefit and
burden of its rights and obligations hereunder to any other entity.
16. Confidential Information
Neither party shall divulge any confidential information which is supplied to it about the other
party in the course of this contract or any pre-contract discussions, other than information
forming part of the public domain other than through a breach of this clause or any other
obligation of confidence.
17. Termination
Either party may by notice in writing to the other terminate this contract forthwith upon the
happening of one or more of the following events.
17.1 If the other shall fail to make any payment due hereunder within seven days of the
due date or to remedy any other breach within 30 days after being required to do so
in writing.
17.2 If the other shall be involved in any of the situations described at clause 8.2 to 8.6
above.
Such termination shall be without prejudice to the parties' accrued rights and liabilities, for
example, the Agency's entitlement to payment for work done or the Partnership Fee.
18. Matters Beyond the Agency's Reasonable Control
The Agency is not liable for any breach of this contract caused by matters beyond its
reasonable control including but without prejudice to the generality of the foregoing, the
cancellation of the conference by the organisers, any failure on the part of the conference
organisers, hoteliers or chief broadcasters to screen conference TV, acts of god, fire,
lightening, explosion, war, disorder, flood, industrial disputes (whether or not involving the
Agency's employees), weather of exceptional severity or acts of central or local government
or other authorities.
. . .
19. Entire Agreement
This Contract is the entire agreement between the parties on the subject matter contained
herein and supersedes all representations, communications and prior agreements between
the parties in that regard.
Each party acknowledges that upon entering into this Contract it does not rely and has not
relied on any representation (whether negligent or innocent), statement or warranty made or
agreed to by any person (whether a party to this Contract or not) except those expressly
referred to in this Contract. The only remedy available in respect of any misrepresentation
or untrue statement made to either party shall be a claim for damages for breach of contract
under this contract. This clause shall not apply to any statement, representation or warranty
made fraudulently, or to any provision of this contract which was induced by fraud for which
the remedies available shall be those available under the law governing this contract.
20. Third Party Rights
A party who is not a party to this Contract has no rights under the Contract (Rights of Third
Parties) Act 1999 to enforce any term of this Contract, but this does not affect any other right
or remedy of a third party.
21. Service of Notices
Any written notice required by this Contract should be sent to the address of the intended
recipient shown in the Partnership Order Form. Notices can be sent by hand, by post or by
fax.
22. Governing Law and Jurisdiction
This Contract and any relevant interaction between the parties shall be governed by and
construed in accordance with the laws of England and Wales and both parties agree to
submit the non-exclusive jurisdiction of the Courts of England and Wales in relation to any
claim, dispute or difference which may arise hereunder or in relation to any relevant
interaction between the parties prior to this Contract.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 21 "/1
SUBJECT: AGENDA ITEM # <6 . Q - REGULAR MEETING OF MARCH 20. 2007
REPORT OF APPEALABLE ~D DEVELOPMENT BOARD ACTIONS
DATE:
MARCH 16, 2007
Attached is the Report of Appealable Land Use Items for the period March 5, 2007 through March 16,
2007. It informs the Commission of the various land use actions taken by the designated boards that
may be appealed by the City Commission.
Recommend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
S:\City Clerk\AGENDA COVER MEMOS\Appealable Agenda Memos\2007 Appealable Agenda Memos\apagmemo 032007.doc
FROM:
DA\(I~D ,C
PAdr'~L1NG, AI
DIRECTOR OF PLA ING AND ZONING
JASMIN ALLEN, PLANNER ~~ ~ fJ1~
MEETING OF MARCH 20, ~7 *CONSENT AGENDA *
REPORT OF APPEALABLE LAND USE ITEMS MARCH 5, 2007 THRU
MARCH 16,2007
MANAGER
TO:
THRU:
SUBJECT:
The action requested of the City Commission is review of appealable actions which were made
by various Boards during the period of March 5, 2007 through March 16, 2007.
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.
":11;1m> TIt, ." ',5"m,>* .,...w::;K,,";;..,:., ",,,,.>>.,.,,.,,.,,,.;K:,>.>.i_ .. ...., ,:,.;."':,0""",:;..... ".. ".' ...... '. i , .,L:. >,...."..,."..";;(. .".,
A. Approved (6 to 0, Carolyn Farnham absent), a request for a color change for 1127 George
Bush Boulevard (Corcoran office building), located on the north side of George Bush
Boulevard, east of the ICWW.
B. Approved with conditions (6 to 0), a Class I site plan modification associated with
architectural elevation changes to renovate the exterior of the building and repainting for Bi~
AI's Steak House, located at the southwest corner of East Atlantic Avenue and SE 51
Avenue (450 East Atlantic Avenue).
C. Approved with conditions (6 to 0), a Class II site plan modification for the introduction of a
passive park, jogging path, volleyball court, cabana bath building, exercise station and
relocation of a tot lot for Colony Palms, located on the south side of West Atlantic Avenue,
approximately 140 feet east of Whatley Road.
City Commission Documentation
Appealable Items Meeting of March 20, 2007
Page 2
D. Approved with conditions (4 to 0, Jose Aguila and Andrew Youngross stepped down), a
Class III site plan modification and building elevations associated with the conversion of the
roof deck to restaurant/lounge for Bob's Famous Bar, located at the northwest corner of
East Atlantic Avenue and Railroad Avenue immediately adjacent to the FEC Railroad.
1. Approved (6 to 0), a request for a Certificate of Appropriateness and Class II site plan
modification associated with exterior alterations to a non-contributing residential structure
located at 1180-1190 Nassau Street (southwest corner of Nassau Street and State Road
A-1-A).
No other appealable items were considered by the Board. The following item will be forwarded
to the City Commission for action:
· Recommended approval (4 to 2, John Miller and Linda Lake dissenting), of the City initiated
amendments to the Land Development Regulations (LDRs) which intend to clarify the
current regulations, provide parameters, and define compatible development within the
historic districts. The amendments are primarily based on recommendations provided by
REG Architects, the consultants hired during the moratorium to find resolutions to the recent
concerns over the level and type of development affecting historic preservation efforts within
all five (5) of the City's historic districts.
No Regular Meeting of the Planning and Zoning Board was held during this period.
By motion, receive and file this report.
Attached: Location Map
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting -
MARCH 20, 2007
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L -38 CANAL
C-1S CANAL
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SPRAB
A. 1127 GEORGE BUSH BOULEVARD
B. BIG AL'S STEAK HOUSE
C. COLONY PALMS
D. BOB'S FAMOUS BAR
HPB
1. 1180-1190 NASSAU STREET
ONE MILE
GRAPHIC SCALE
CITY OF DELRA Y BEACH, FL
P~NNWG&ZOMNGDEPARnwENT
MARCH 2007
.. DIGITAL BASE MAP SYSTEM..
MEMORANDUM
TO:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGER(7I1{. R
A;ENDA ITEM # 'is. - REGULAR MEETING OF MARCH 2j). 2007
AWARD OF BIDS AND CONTRACTS
FROM:
SUBJECT:
DATE:
MARCH 16, 2007
This is before the City Commission to approve the award of the following bids:
1. Bid award to Roof Painting by Hartzell, Inc. in the amount of $24,990.00 for
painting interior offices in the Police Department. Funding is available from 001-
2111-521-46.10 (General Fund/Building Maintenance).
2. Purchase awards to Duval Ford in the amount of $158,891.00 for the purchase of
eight (8) vehicles; and to Classic Chevrolet in the amount of $25,316.00 for the
purchase of two (2) vehicles; via the Sheriff's Association Contract for various
departments within the City. Funding is available from 501-3312-591-64.20
(Central Garage Fund/Automotive).
3. Purchase award to Integrian in the amount of $27,870.00 for the purchase of six (6)
digital in-car audio/visual recording systems for the Police Department. Funding is
available from 001-2117-521-64.90, 001-2119-521-64.90 and 001-2121-521-64.90
(General Fund/ Other Machinery/Equipment).
4. Purchase award to Tactical Products Group in the amount of $50,180.00 for the
purchase of ballistic vests and plates (bulletproof vests) for the Police Department.
Funding is available from 115-2132-521-52.27 (Operating Supplies/Equipment
<$750) and 115-2132-521-64,90 (Operating Supplies/Other
Machinery/Equipment).
5. Contract award to Linetech, Inc. in the amount of $20,989.00 for the installation of
2" water and sewer for the Temporary Fire Station No.4 facilities located at
Barwick Road Baptist Church. Piggybacking on City of Boynton Beach Bid # 02-
2821-07/JA. Funding is available from 442-5178-536-63.90 (W&S Renewal &
Replacement Fund/Other Improvements).
6. Contract award to Kilbourne & Sons, Inc. in the amount of $21,688.20 for
construction of a paved staging area for Temporary Fire Station No.4 trailer office
space. Funding is available from 334-6112-522-49.90 (General Construction
Fund/Other Current Charges).
Recommend approval of the above bids and purchases.
S:\City Clerk\AGENDA COVER MEMOS\Bid Agenda Memos\2007 Bid Memos\BID Memo 032007,doc
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Delray Beach
Police Department
300 West Atlantic Avenue
Delray Beach, Florida 33444-3695
(561) 243-7888 Fax (561) 243-7816
OELRAY BEACH
.....
Ail-America City
11''''
Joseph L. Schroeder
Chief of Police
2004
1991
2001
MEMORANDUM
TO:
David Harden
City Manager
Sharon L'Herrou _J-t \ \-\-
Administrative Office\(jl' ~)
March 13,2007
FROM:
DATE:
SUBJECT:
AGENDA REOUEST
Attached is a request for a proposal to be placed on the Consent Agenda for the City
Commission meeting on March 20, 2007. The Police Department requests approval to authorize
payment of $24,990 to "Roof Painting by Hartzell, Inc:' for painting interior offices as itemized
in the attached bid. Interior painting was approved in the Police Department budget for FY 2006-
2007.
Five vendors were invited to a mandatory pre-bid meeting and walk-through held at the Police
Department March 2, 2007. 1bree vendors participated in the guided tour. Representatives from
the DBPD and Purchasing also attended. Vendors were provided with a written Scope of Work, a
map indicating areas to be painted, and directions on the bid process. Three written bids were
received. After review of the proposals, the Police Department is recommending that Hartzell be
awarded with the contract. They offered the lowest bid and provided references of past work
completed with other City Departments.
Should you require further infonnation, please contact me at ext. 7852.
Attachment
cc: Chief J.L. Schroeder
Major Tony Strianese
Serving wilh P.R./.D.E.
pT(~fe.\',fjionali.fjm. Re.'ipect, Integrity, Diversity and Excellence
C6. ~.I
Mar 07 07 05:27p
WiHiam Stecklow
561 482-9078
p.1
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Roof Painting by Hartzell, Inc.
2301 N.W. 33rd Court, Suite 12
Pompano Beach, FL 33069
March 7. 2007
TO: Captain Mark 8 Dav"
FROM: Bill Steclclow
RE: Interior Painting - 300 West Allantic Avenue
Ala p.r your .cope and apeclflcatlons we herewith attach our bid for the in.rlor
painting of 300 Weat Atlantic Police Department H_dquarters.
Our total price ,. $ 24,990.00 with room pricing as per your directive.
We are dealroua of doing thJa project and would like to give a few references:
Tim Simmons - Delray Parka Department SUperintendent _ 243-7258
Aaalatant Chief Ackennan - Delray F".... Department - 243-7487
Milt Willingham - Delray UtlIItIea - 243-7307
Ray Sml1haon - City of Boca R.1Dn PoUce Department _ 338-1328
We have J..t completad doing the City 01 Boca Raton's crrv HALL Interior
wallpaper remonl and pIIlnllng based upon our approved units in our term contract
with Boca - Bid No. 2005-088; Jacklyn Rooney ha. a copy of this term contract on
file. We did moat of the work at night and on the weekends AT NO EXTRA CHARGE
- we offer this to you on thi. bid if you so desire.
We have don. the Intartor for the police depa, b._nt at Boca and the 911 callng
center - all working around the'r requirements.
tf you need any addltionallnfonna1lon, do not hesitate to call me.
Bnl Sf8cldow
Main Fax Number (184) 117-8788
WSS Fax Number (581) 482-8078
Main Phone Number (154) 957-9761
WSS eel Phone Number (581) 239-4711
Mar 07 07 05:27p
William Steck/ow
561 482-9078
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2
3
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6
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Fnt Office (aeroea from Front DMk)
II OffIce
Data En- ..-
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Dial 2 Ailminlatnltive AaairDnt ____ ,
Shift Commander's Offtce
Men's Loc:ker Room
Sergeant's of!iCe----- --
3II12II7
.~~---..:..::f8~ -_=--
-, - --. --=-l= $42500
1- _ ~~~ I::....~_~
$425_00
S690:00 - ;;a--
- $1,.200:Qi;l _',-1CII ~1nCI -
$1,880.00' _ ....Ico\oering
.-----=-.=- 1- _i-=~-~=--=-
- 1'-'.-
.-------
9 AdministralMtSerW:8eDlr8etor - --------s.w.OO. I _=~==~'_===_
10 Aclminl8tr'atM SenliceaOftice --------s425.00. ___. __. __
1'- Polr>> P18nne,... 01tioe ____ :==_~ ~.OO
12 Internal Affairs Lieutenant ~ $425_00 I!8ft~COleIng ___ ,_
13 IriternllIAllilirs-- ---------- ---- S590.00 '_______..
'4 La Tr8Inin'lRclom-- ---. , - $1.500.00- ~1llue1t:lr\lllllllunclfJrleclering
~: ;~rs:'a.~-==__,_~==__ _____=:~-----=__=_=__.
17 SyatemsC'_.~ ____.__. _$425.0Q. __. ____.__.
18 Pubic Information Office $425.00
~ M~.nt '------ -- . -t600.oo --.-=---=-~-=-~--:-
2if Chief'sConr.r.nceRoom------ -----s2.000.00 i ...rr-._Ie:owering_ ___ _
---2f--' Chiefs office -==-...=-- ~ i2.00b.oo.- I!!-~~ _ .__
22 Assietant's Office . $590.00 '!Mint-_b.w1llg
-n' ~ c;:hiefAdmini~tnltNe s.r..1ca ===-_. --=--=-$590.00. ~fII*1lcver...~-=--=----=-~---=--
24 Volunteer Cool'dlr1ator ! $425.00 .
25 L eI ,l,dYi80r_____ ---=-~~_ $59O.00~t_-.rco..~__--=_-~=__-=_
26 ~Advieor'80fljC6 .,-__...!...590.00 !~.-nt_~~_,__._
~- Chief Police I'lIIIons .' -~25'00t "nt~~___h_
28 .Connecti Office __~ __~s.OO. ,*'nto...~~ ~.n-..~.___.--. .
__('Mtrl~C'*ttMllCOtl'lll'lunltRe~) _ _____ ____ ____
29 Community RllI8ponae Commander _ _~5-0l!. _~-~IA9__
30 InveallgatjYeOivlabnConvninder _'__ _ --h~~_PllinIll~-"L-_____
31_~,connedlllgOtrice --- __1___ .2425.00 ..1 PIIin1lWl11!~. __..---...----
- - - -'!!.~~pliwt DIY. Com_m. "WId S&l~ ServiaM Dill. Comm.) __ ______
32_ "._"""'onCamm_ ---' - - ~J-"""""-~=--
33~ -. ----- ----__.-- --.,.,,,,... -t --____ _~=_
~_.... ------.---......... -,----- -------
--JTOTALS --:=----=--=----==--~=--==- -:1---= -=$24 ....00 -==--=-=-=--=-____=-__=__
_._-~----_._._-------~---~-- . ---
-=-=- I~ term ciifiiiiii with the C~ 01 BocII R8ton 2005:ii66, the Price lor ~i!i;L-=-== ,_ _____ _
----i-~. wal~rarnovaI8nd ~i~.J!!r.~ wt'IiChindudes~ . __ _ __._
one plfmer coat and 2 finish coats. -. _ __ ___ _ _ ______ _ __
=:--:;'.=-=======---:===--=+--=-=---.-=-=--=- . -----=::--=--=--==.
--'lHAAtZELl PAINTlNQ-- -- --------; ______ _~ _______ ___
-..--------- ---- ---- --- ~------------
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Mar 07 07 05:27p William SteckJow
V~'VO/~UUI jO;~~ ~~ Da~X~~7~lU
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----..... --------....
DELaAY BEACH POLl CB
561 482-9078
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tOO /\I.W. t.. AWIII1.n! · fJELAAY BEACH. FLORIDA ~4 . 5811243.100:
PRE-BID CLAlUFlCAnON
DELRAY BEA.CR POLICE DEPARTMENT
PAINTING INTERIOR AREAS
MEETING OF MARCIl ~ 2007
~tbu tom l'rNIid ~-:.. atNuda 2. 2007 tOrtbeDehy BeechPolk:e DClpaI1rneot fmtrior
P.imiD& Bidden aJ..... - tbe infI:Jmm~D coatained in thiI Pre-8ic1 Clarification is abbre.Yiab:d
and san in natur J. It it tile 8"'" ~ 10 iadude aU itc::m. ~ for tho prOpelI'
~ coordma-Joe ad compledoQ otall wodrJtervice diRc:tly ~ by this PIe-8id Clarification
dated MaR:b 02. 2()t n.
ITEMS C1AIlIFIBI) ARB AS LI8T8D BELOW:
SWrweIIa - PaiDl pjpiaa l'1li. PrIce ed room 1epIrateIy.
All" to be DIliOVeII will.. --.ID diem.
PaW hale work 011 ~ ... ...... Db cIocn to repIiat tbIIt haw already been P-intect
~. 08i0e - WIll ,... to be ftlIIIO\<ed.
CClIIfeh.ce.Room - wall PIJIII' 10 be 1'eIDOWd.
I.uacb Room - paiD.: 1Mr'.... paper.
BaQ:-waIl in TniDbC Bocat - Border liDo ...,.. twe to DIItda c:auuter tops.
teaaJ AdviM' O1IIc t - .... over wall p.per.
Remcwe wall piper ill 8.... om. . NDlIOW base ... r..-.n after Jtaiad.as.
M.". Locker 1too 12-120 locbn to be temowld.
1Wo IIairweUs -Itr ~ MId to be ...... lid IIIIIed.
Bidden ahaD adaao-.. Naeipt ottID a.tIcadoa by ~ the appropriate IeCtion below and
~-,.,.rllld"""",,,,,,,,,,, ~ N. .
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PIIuao: M. ( - 2.:?9~ 'J.tI Pax:!:X..l }L'i?L -I:n J>
THE E~~ORT ALWAYS MATTERS
e ,.".,.". ~""'-
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PROPOSAL
r~lr_Hh[fl.
GISONDI & CO., INC.
PAINTING & WALLCOVERING CONTRACTORS
Be'L,!.., RJ\TCIN. FL 3348'? )6 t -9q~--i4:,-+ r;..x .561.2-11.943;
: 0 i 5 R.OG[RS CIRCLE SlJITE
.'-, -.------..-.......--
f)'M'arch 9, 2007
PROPOSAL SU8r--lr1TED TO
COMPANY
Delray Beacb Police Department
STREET
200 West Atlantic Ave.
R!\CE
OF 2
lOB
Interior Repaint
STREET
Driveway & Pool areas
U'?>'^,IE
. Delray~each, FL 33444-3695
A.'TENTION
Captain Mark Davis
SCOPE OF WORK:
561-243-7872x7853 / 561-243-7816
Provide all necessary labor, materials, equipment, supervision, licenses and insurances to complete the
preparation and painting work including furniture moving during regular working hours throughout the areas
highlighted on the attached floor plans as follows.
I, Painting of walls will be either or both over existing wallcovering or previously painted surfaces and
consist of two (2) coats of Latex Semi-Gloss Enamel color to be selected.
2. Painting of doors and frames shaH consist of one (I) coat of Alkyd Semi-Gloss Enamel to match the
existing color(s),
3. The wallcovering in the Chief's office and conference room and Patrol Sergeant's office shall be
removed including the adhesive and receive paint finish.
4. The east and west stairwell walls, ceiling, underside of stairs, sprinkler risers and floors shall be
painted. Railings are excluded. Pressure cleaning will not be required.
CLARIFICATIONS:
I. Office personnel wiJl be required to remove all personal belongings, pictures, etc and perform/assist in
minor furniture moving prior to painting.
2. Wood stained doors are not included.
3. Closets within the areas of the Scope of work are not included.
4. Pricing herein is limited to the use of one (I) color, Additional colors, if so desired may require an
additional charge,
WE HEREBY PROPOSE TO FURNISH LABOR AND MATERIALS - COMPLETE IN ACCORDANCE WITH THE ABOvE SPEClACATIONS, FOR THE SUM OF
Thirty-Two Thousand Two Hundred Forty-Five ----u----___________u______ DOLLARS ($ $32,245.00
WITH PAYMENT TO BE MADE AS FOLLOWS Net 30 days
A PROJECT SCHEDULE IS REQUESTED UPON ACCEPTANCE. DIRECTJONTO ORDER MATERlAlANDIOR BEGIN WORK SHALL IMPlY ACCEPTANCE OFTHIS PROPOSAL
AND ITS TERMS. RETURN TRIPS FOR REMEDIAL WORK IN AODITlON TO ABOVE SCOPE SHALL BE DEEMED CHARGABLE. All LABOR AND MATERIAL IS WARRANTED FORA
PERIOD OF ONE (il YEAR FROM DATE 0 OMPLETION WORK TO BE COMPlETED IN A WORKMANLIKE MANNER ACCORDING TO STANDARD PRACTICES ANY
ALTERATION OR DEVIATION FRO SPE 'CAT S INVOLVING EXTRA COSTS WILL BE EXECUTED ONLY UPON WRITTEN ORDER5.AND WILL BECOME AN
EXTRA CHARGE OVER AND A E TH STI Ji. A AGREE TS CONTINGENT UPON STRIKES. ACCIDENTS OR DELAYS BEYOND OUR CONTROL THIS PRO.
POSAlIS SUBjECT TO ACCE NCEW H~ U A YSANDISV~IDTH~REAFT~RATTHE OPTION OF THE UNDERSIGNED.
AUTHORiZED SIGNATURE: . DaVId Glsondl TITLE: President
ACCEPTANCE OF PROPOSAL
HolE A80VE PRICES. SPECIFICATIONS AND CONDITIONS ARE HEREBY ACCEPTED YOU ARE AUTHORIZED TO DO WORK A~ 5PEClfIED, PAYMENT WILL BE MADE A5
OUTLINED ABOvE,
AUTHORIZED SIGNITURE:
DATE:
GISONDI & CO., INC.
PAINTING & WAlLCOVERING CONTRACTORS
1101 S. ROGERS CIRCLE. SUITE 15 BOCA RATON, FL 33487 . 561-994-4454 FA)( 561-241-9431
Delray Beach Police Department Page 2 Of 2
PRICING FLOOR:
I, First Floor
A. Alarms:
B. Alarms Supervisor:
C. Data Entry:
D. Patrol Sergeant:
E. District 2 Administrative Assistant:
F. Watch Commander:
G. Lunch Room:
H. Male Locker Room (Semi-Gloss) walls & ceilings:
2, Second Floor
A. Internal Affairs
B. Internal Affairs Lieutenant:
C. Police Accreditation Planners:
D. Administrative Services:
E. Administrative Services Director:
F. Suppon Services Commander:
G. Suppon Services Commander Administrative Assistant:
H. Investigative Division Commander:
I. Community Response Commander:
J. Investigative Division Administrative Assistant:
K. Deputy Chief Police Operations:
L. Legal Advisor # I :
M. Legal Advisor #2:
N. Volunteer Coordinator:
O. Deputy Chief Administrative Services:
p, Chiers Administrative Assistant:
Q. Chief (bathroom not included):
R. Chiers Conference Room:
S. Systems Management:
T. Systems Class Room:
U. Public Infonnation:
V. Payroll Specialist:
W. Copy Room:
X. Large Training Room:
$865.00
$685.00
$685.00
$835.00
$680.00
$680.00
$265.00
$1,470.00
$860.00
$755.00
$755.00
$810.00
$755.00
$755.00
$810.00
$810.00
$780.00
$860.00
$810.00
$780.00
$810.00
$810.00
$810.00
$810.00
$1.335.00
$1,335,00
$].]80.00
$745.00
$810.00
$810.00
$1,130.00
$1,400.00
3. East Stairwell:
$2,005.00
4. West Stairwell:
$2,550,00
MEMBER.
PAINTING & DECORATING CONTRACTORS OF AMERICA. NATIONAL GUILD OF PROFESSIONAL PAPERHANGERS
CONSTRUCTION ASSOCIATION OF SOUTH FLORIDA
02/24/2007 10:34 5613920946
F'nltCholce ProfMalona' Painting 'nc.
4280 N.W. 1st Ave Suite 50
Boc8 Raton. FL 33431
Tel: 861-395-1802
Fax:561-391-2646
4'IHtJ(T
01'. . r' "
Client:
Defr8y BelIch Police Oepertment
Mark DItYls
300 West Atlantic Avenue
Deny Be8ch, Fl33444
\..... :.'
MARK SANDERS
PAGE 02
ESTIMATE
ESTIMATE NO.:!
DATED: 31912OtJ7
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Project: Defray Police Intarfor paint
",,';
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Otftce Area. 1st Floor - 1st office on the right entering from the lobby
0tIIce Ares - 1st Floor - Su~
Lunch room - 1. Floor - Lunch I'OOI'n
otfioe Ar88 - 1st Floor - o.ta entry
otnoe At8a - 1at Floor - Dill 2 Admin. ollloe
Offtoe Area . 1st Floor - Shift Commander om.
Mens lOCker Room - 1st Float - Mens lOCker room
omceA/8e-1atofb. 8ergMnts offtce
Ot'Plc>> Area - 2nd Floor - Admlnlltrldlve IelVIc:ea dhc&or
otIIce Alee . 2nd FIacr - AdmtnilntDr eeMces
Ofllce Ares . 2nd Floor - PoIce "Jenne,. offlc:e
Otfice AAI8 - 2nd Floor - Internal aI'rIIh UeuteMnt
Offtce Area - 2nd Floor - IntemalRtfaJra
Office Ares - 2nd Floor - UuQe T..lnlng room
OftJoe Area . 2nd Floor . Copy room
0ftI0e ArM - 2nd Floor - ~I speclllIilMa
otIIoe Area - 2nd Floor - Public IntormatiOn offtoe
0ftI0e Area - 2nd Floor - Svab1m8 CI8aIIoom
Otnce Anita . 2nd Floor - Public information office
Offlce AI8a - 2nd FIoot . System. rnaNlgerrtent
$497.86
$404.55
$630.27
1443.66
$341,11
S345.48
53,309.34
$3.253.38
$387.15
5383.88
$424.92
$43D.86
5387.15
$1,425.21
5738.05
1300,....
$342.13
S458.97
$300.44
$4n.49
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Date: 3/13/07
AGENDA ITEM NUMBER:
~ . R. /
e
AGENDA REQUEST
Request to be placed on:
l Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda
When: March 20, 2007
Description of agenda item (who, what, where, how much):
The Police Department requests approval of the followin2 proposal between the CitY
of Delray Beach Police Department and the company "Roof Painting by Hartzell,
Inc." which authorizes payment of $24,990 to Hartzell Inc. for painting interior offices
as itemized in the attached bid. Interior painting was approved in the Police
Depanment bud2et for FY 2006-2007. Estimates were solicited from vendors and three
written proposals were received. The Police Department recommends selection of
"Roof Paintin2 by Hanzell, Inc." They offered the lowest bid and provided references
of past work completed with other City Departments.
~epartment Head rJ t.. ~ 4/ , I, _ ,
Signature: ~~ PC ~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: 0 No Initials: [fl;'
Account Number: '~111-521-46.10
Description: Buildin2 Maintenance
Account Balance: 556,038.18
Funding Alternatives: N/ A (if applicable)
City Manager Review:
Approved for Agenda:@/ No Initials:
Hold Until:
fY/!
Agenda Coordinator Review:
Received:
MEMORANDUM
TO:
David Harden, City Manager
FROM:
Jacklyn Rooney, Purchasing Manager
THROUGH: Joseph Safford, Finance Director
DATE: March 16,2007
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING
MARCH 20,2007 - PURCHASE AWARD VEIDCLES FOR FLEET
VIA THE FLORIDA SHERIFF'SASSOCIATION
Item Before Commission:
City Commission is requested to approve award to Duval Ford for the purchase of eight (8)
vehicles and Classic Chevrolet for the purchase of two (2) vehicles via the Florida Sheriffs
Association Contract #06-14-0821 for the total amount of$184,207.00,
Background:
The City Garage is requesting replacement of ten (10) vehicles as listed below with breakdown
for each department:
(1) 2007 Ford Crown Victoria Police Interceptor from Duval Ford @ $23,860
(1) 2007 Ford Explorer 4x4 for Police Department from Duval Ford @ $22,550
(1) Ford F-250 SD 4x2 Pickup Truck for Parks Maintenance from Duval Ford @ $17,990
(1) Ford F-250 SD 4x2 Pickup Truck for Community Improvement from Duval Ford @ $17,990
(1) Ford F-250 SD 4x2 Pickup Truck for Utility Billing Department from Duval Ford @ $22,290
(1) Ford F-150 4x2 Pickup Truck for Streets Department from Duval Ford @ $14,401
(1) Ford F-150 4x2 Pickup Truck for Parks Maintenance from Duval Ford @ $14,401
(1) Ford Escape Hybrid for Environmental Services/Engineering from Duval Ford @ $25,409
(2) Chevrolet Colorado Pickup Trucks for Utility Billing @ $12,658 each from Classic Chevrolet
Attached is a complete breakdown of unit pricing per vehicle and additional options chosen for
each vehicle and department from the Florida Sheriff s Association pricing sheets.
Recommendation:
Staff recommends award for the purchase of eight (8) vehicles from Duval Ford for $158,891 and
two (2) vehicles from Classic Chevrolet for a total of $25,316. Funding from account code 501-
3312-591-64.20.
Attachments:
Vehicle/Department Breakdown
Florida Association Specifications
3.R.2-
From: Rumell, Kevin
Sent: Monday, March 12,2007 11:47 AM
To: Williams, Pame'
Cc: Rooney, Jackie
Subject: Vehicle Purchase Requisitions
Mr. Harden has given me approval to proceed with the purchase of ten (10) of the vehicles
on my replacement list. Pricing is from the 2006 Florida Sheriff's Contract # 06-14-0821; funds are
available in account #501-3312-591-64.20, Please prepare requisitions for the purchase of the
following vehicles:
Florida Sheriff's Contract #06-14-0821; Specification #1 - DUVAL FORD
Replacement for Vehicle #1006 - POLICE DEPARTMENT
Duval Ford
One (1) Ford Crown Vic Police Interceptor
White Exterior/Charcoal Black Interior
Options
Code 45C Limited Slip Differential
Code 14T Kevlar Trunk Package
Code 61H Ignition Powered Trunk Release
Code 67R Rear Locks and Handles Disabled
Code 948 Rear Windows Disabled
Code 478 Courtesy Light Disabled
Code DTK Third Key
Code DW Vent Visors
Code 51A LH Pillar Mounted Spotlight
Code DSM Complete Set of Shop Manuals
Code 5/75 Extended Extra Care Warranty
Total
$19,224.00
125.00
190.00
60.00
25.00
25.00
20.00
87.00
89.00
290.00
365.00
3.360.00
$23,860.00
Florida Sheriff's Contract #06-14-0821; Specification #17 - DUVAL FORD
Replacement for Vehicle #1821 - POLICE DEPARTMENT
Duval Ford
One (1) Ford Explorer 4X4
Silver Birch Exterior/ Interior
Options
Code 3K Third Key
Code DW Vent Visors
Code E5/75 Extended Extra Care Warranty
$20,893.00
89.00
98.00
1.470.00
Total $22,550.00
Florida Sheriff's Contract #06-14-0821; Specification #35 - DUVAL FORD
Replacements for Vehicles #745 - PARKS MAINT., and 377 - COMM. IMPROVEMENT
Duval Ford
Two (2) Ford F-250 SD 4X2 Pickup Trucks $15,122.00
White Exterior/Blue Interior
Options
Code 3K Third Key 89.00
Code 531-86T-HD Trailer Tow Package 489.00
Code DBA Backup Alarm 95.00
Code E5/100 Extended Extra Care Warranty 2,195.00
Total $17,990.00 X 2 = $35,980.00
Florida Sheriff's Contract #06-14-0821; Specification #35 - DUVAL FORD
Replacement for Vehicle #224 - UTILITY BILLING
Duval Ford
One (1) Ford F-250 SD 4X2 Pickup Truck
White Exterior/Blue Interior
Options
Code 3K Third Key
Code 531-86T-HD Trailer Tow Package
Code SSB Standard Service Body
Code DBA Backup Alarm
Code E5/100 Extended Extra Care Warranty
Total
$15,122.00
89.00
489.00
4,300.00
95.00
2,195.00
$22,290.00
Florida Sheriff's Contract #06-14-0821; Specification #33 - DUVAL FORD
Replacements for Vehicles #652 STREETS DEPT. and 780 PARKS MAINT.
Duval Ford
Two (2) Ford F-150 4X2 Pickup Trucks
White Exterior/Blue Interior
Options
Code 3K Third Key
Code LWB Long Bed
Code 535/5K Trailer Tow Package
Code DBA Backup Alarm
Code B6/100 Extended Base Care Warranty
Total
$11,969.00
98.00
390.00
489.00
95.00
1.360.00
$14,401.00 X 2 = $28,802.00
Florida Sheriff's Contract #06-14-0821; Specification #12 - DUVAL FORD
Replacement for Vehicle #482 - WATER AND SEWER ADMIN.
Duval Ford
One (1) Ford Escape Hybrid
White Exterior/Blue Interior
Options
Code 3K Third Key
Code DSM Complete Set of Shop Manuals
Code B6/100 Extended Base Care Warranty
$23,594.00
90.00
365.00
1.360.00
Total $25,409.00
Florida Sheriff's Contract #06-14-0821; Specification #29 - CLASSIC CHEVROLET
Replacements for Vehicles #222 and 225 FOR UTILITY BILLING
Classic Chevrolet
Two (2) Chevrolet Colorado Pickup Trucks
White Exterior/Blue Interior
Options
Code 3K Third Key
Code -- HD Aluminum Tool Box
Code BUA Backup Alarm
Code MAJOR Extended Base Care Warranty
$11,290.00
40.00
395.00
103.00
830.00
Total $ 12,658.00 X 2 = $25,316.00
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AGENDA ITEM NUMBER:
<6.'/(.;2;
AGENDA REQUEST
Request to be placed on: March 20, 2007
Date: March 16, 2007
.lQL. Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
Purchase of eight (8) vehicles from Duval Ford and purchase of two (2) vehicles from Classic
Chevrolet via the Florida Association of Counties & Florida Sheriff's Association at a total
amount of $184,~00 for various departments within the City of De1ray Beach.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation:
Approve award for the purchase of ten (10) vehicles for the total amount of $173,543 for various
departments within the City of Delray Beach via the Florida Association of Counties & Florida
Fire Chiefs Association.
Funding from account code ~H3~2.591~~
Department Head Signature: -.) . ~
Detennination of Consistency with com;rehensive\lan:
City Attorney ReviewlRecomrnendation (if applicable):
Budget Director Review (re~on all items involving expenditure of funds):
Funding available: fYJ~ No
Funding alternatives: (if applicable)
Account Number. ?Iu -.5SfZ ~ ')9 },b </ - 2U
Account DescrIption: I/'Jm ;j /) ;L-
Account Balance: :3 crl( r 31 S
City Manager Review:
Approved for agenda: @ /~ No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved
Disapproved
Delray Beach
Police Department
300 West Atlantic Avenue
Delray Beach. Florida 33444-3695
(561) 243-7888 Fax (561) 243-7816
DElRAY BEACH
, .. .
....
AII.America City
, 1111'
2004
1993
2001
Joseph L. Schroeder
Chief of Police
MEMORANDUM
DATE:
David Harden
City Manager \ \.....--
Sharon L'Herrou --1.4- \. ~
Administrative Offic'-J~
March 13, 2007
TO:
FROM:
SUBJECT:
AGENDA REOUEST
The Police Department is requesting that the attached proposal be placed on the Consent Agenda
for the City Commission meeting on March 20, 2007. The proposal is between the City of Delray
Beach Police Department and lntegrian to purchase six (6) digital in-car audio-visual recording
systems for $27,870. These systems will be utilized daily during routine traffic enforcement and
community patrol activities. The equipment has the ability to secure solid evidence for criminal
prosecution, real-time recording of events and enhanced officer safety, Digital recordings also
reduce civil liability claims of officer misconduct. The purchase of these audio-visual devices
was approved in the current budget. This particular system was selected after researching a
variety of options. Pricing is based on the Cape Coral, Florida contract (attached). The base price
for each unit totals $4,595 with an additional $150 for required downloading equipment and
$150 for shipping, for a total purchase price of $27,870. Additional costs for the purchase of the
server and necessary peripheral equipment are being investigated and will be requested at a later
date.
Should you require further information, please contact me at ext. 7852.
Attachment
cc: Chief J ,L. Schroeder
Major Tony Strianese
Serving with P.R./.D.E.
Professionalism, Respect, Integrity, IJiversity and Excellence
t ((,3
.
DigitalPatrolletl> System Budget and Planning Proposal
March 9, 2007
Sharon L 'Herrou
Administrative Officer
Delray Beach Police Department
300 West Atlantic Ave.
DeJray Beach, FL 33444
Dear Sharon:
Inlegrian, Inc. proposes the following items for the Delray Beach Police Department's
digital video initiative. Please see the attached spreadsheet.
Sincerely,
Bell
D" tor of Sales
DIgital PatrollerOO
OP ORDER FORM
7011355
70115810
7011363
STORAGE BLADE. one
Storage Blade: 100 GB Ruggedized HOD
Storage Blade: 2x1oo GB Ruggedized HOD
Storage Blade 8 GB Solid State HOD
FRONT CAMERA 1 uirecl r a
22x Front Camera with LED Blinder, Cable. and mounting
hardware
27x Front Camera with IR Filter. LED Blinder, Cable. and
mountin hardware
SO
$650 6 $3.900
SO
6 $3,300
SO
$600
700-0092
700-0093
700-0094
700-0095
350-0018
150-0031
Single Camera Mount Kit:
for '02-'06 Ford Explorer. '03-'06 Ford Expedition;'02-06 Ch
Sitverado; '03-06 Chevy Tahoe; '04-'05 Chevy Trail Blazer
700-0024 Crown Victoria VIsor Mount 15.5" Length
Fits: 2005 2006 2007 with out fire su ression
700-0025 Crown Victoria Visor Mount 13,2" Length
Fits: 1998-2004
7GO-OOa9 Crown Victoria VIsor Mount
Fits: 2006 with fire su ression
700-0055 Chevy Impala
Fits: 2005 and nor car models
700-0060 Chevy Impala
Fits: 2006 2007 car models
700-0058 Dodge Charger
Fits: 2006 car model
70G-00lS3 Dodge Ram 1500
Fits: an ear
~1 Dodge Durango
Fits: 2006 car model
530-0036 Chevrolet Tahoe
Fits: 2006 car model
SO
SO
SO
SO
SO
SO
SO
SO
$0
Inblgrian Confidential
3/1412007
Page 1
DP ORDER FORM
DESCRIPTION
8 Port Gigabit Desktop Swltc:h
1 r f Iex745 Server needed
700-0099 Dell PowerEdge 840 Server (1600+ hrs RAID5)11912oo7 $0
2.13 GHZ Dual Core Xeon Processor; 1 GB RAM; 4XSOOGB
SATA Drives; Win2oo3 Server; keyboard; mouse; 17" Flat
Panel Monitor; 48x CD ROM (no bumer); Tower Chassis; 3yr
NBD onsite warran .
150-0024 8 Port Gigabit Desktop Switch $0
1 r PE o Server needed
700.00a0 Dell PowerEdge 2900 Server (2500+ hrs RAID5): S7,750 0 $0
3.0 GHZ Dual Core Xeon Processor: 1 GB RMA; 8xSOOGB
SATA Drives; redundant power; Win2oo3 Server; Keyboard;
Mouse; 48x CD Burner/DVD ROM; Tower Chassis, 3yr NBD
oosite warran
650-0214 PE2900 Rack Conversion Kit $0
Allows PE2900 to be mounted in a customer provided rack
700.00t0 PE2900 ViewIng Kit 3 $0
Optional 17" Flat Panel Monitor, USB Speakers, 128MB
Gra hies card with lV out
850-0024 8 Port Gigabit Desktop Switch SO
1 r PE2900 Server needed
Dell powerEdge 2950 Server $0
2U rackmount version
850-0043 8 Port Gigabit Rack Mount Switch S175 0 SO
1 r PE29SO Server needed
850-4215 MD1000 Powet'Vault Array (stores 3000+ hours RAlD5) $0
7XSOOGB SATA DriveS; Redundant power; Ralls for
rackmount with 3 ear NBD onsite warran ,
850-4218 MD1000 PowerVault Array (stores 6500+ hours RAID5) $0
15XSOOGB SAT A Drives; Redundant power; Rails for
rackmount with 3 ar NBD onsite warran ,
850-G185 SATABeast Storage System (14TB Capacity) $0
4U Rackmount chassis; 28XSOOGB 7200 RPM Drives;
Supports RAID 1,1,1 +0,5 and 6; Redundant Power; Dual 2Gb
Fibre Channel LC ports; Single sSCSI port, Two LC Jumpers.
650-0181 SATABeast Storage System (21TB Capacity) $0
4U Rackmount chassis; 42XSOOGB 7200 RPM Drives:
Supports RAID 0,1,1+0,5 and 6; Redundant Power; Dual 2Gb
Fibre Channel LC ports; single sSCSI port, Two LC Jumpers
850-0188 SANBlade for Dell PE 29xO $0
(for attachment to SAT ABeast) Dual 2Gb Fibre Channel LC
rts
850-0117 Fiber Optic (MM) SO
2 meter LC Duplex Jumper. Two required to connect PE2900
with SATABeast
Fiber Optic Switch $0
8 Port Fiber Switch to connect up to Three SATABeasts
wl2900 Server
150-0134 24U Server Rack $0
Lockin cabinet with front rear side nets
850-0111 42U Server Rack $0
Lockin cabinet with front rear side nels
850-01M UPS Dell Smart-UPS by APe $0
850-4102 Video Revlew 128MB Graphic Card $0
128MB Graphics Card with lV-out (required when customers
rchase their own servers
1'*If'Ian Confidential
311412007
Page 2
DP ORDER FORM
DESCRIPTION
In-Car WirelesS Bridge Kit
Includes power supply. 80211G bridge and trunk mount
antenna
Extended Tempenlture In-Car WIrelesS Bridge KIt
Includes power supply. 80211G bridge and trunk mount
antenna
7()().0043 Outdoor WirelesS Download Kit
Includes 802.11 G Access Point and ole/roof mounts
7G0-0049 Indoor WI....... Download Kit
Includes 80211 G Access Point
USB Cable, power source, and software for direct upload
TOTAL
$0
$0
$1,400 0
$0
$0
$0
275-0036
275-0044
275-0046
$0
$0
$0
$0
$0
Datatalker Home Charger (only)
Datatalk.r Wireless Complete Mlc Kit
Includes: transmitter receiver kit and home char r
700.0036 Datatalker Wireless Transmitter Kit
Includes: uch case transmitter lavaliere micro hone
700-0037 Datatalker WI....... Receiver Kit
Includes: wireless mic mic receiver and interface cable
I0O-0025 Kustom Signals (any)
IOO-OOze StIllker DUIII SL and DSR
I0O-0027 Decatur ~Is II Select
I0O-0042 Decatur Genesis II
IOC).C)OU StIllk.r Dual
Enforeer MPH
7~5 DP Ba Back U
$0
$0
Total:
Integ....n Confidential
311412007
Page 3
DP ORDER FORM
Order Fonn Total:
Shl In:
P.O. Total:
..... ...... before eubmIttInI orderIlII
1, Completllly fill out the Customer Contaet Form.
2. If Uris Is a new Customer. com.... the SaIM Tax Exempt Form,
3. Provide a copy of the PurchaSe Order (REQUIRED FOR All ORDERS).
4. ..... sure you MYe choMn bracket types, and car modeIsItypes on the form.
5. ProvIde any spedal requirements or configurations needed for your order.
.. 1tlIp1l1n.g .... be lidded tD an onters at .... d ........ ..... odwwtM nolIM. 0WImigtIt ........... .... .......
7. If you prefer to use your own shipping account please provide account name and number:
a, Fax order form to '1'.472.509i ATT: Sales Administrator,
Account Name:
Account No:
lragrlan Confidential
3/1512007
$27 720
$150
SO
Page 4
{(J ?11~
fl 0 {(illy
;, Z ,7;, (}7.5
.~ ~ (jj1J tf e,l. " ;QI b (j 1Jf~
71 f!I'-t i
€f~l<.- ~l
~
January 29, 2007
NOTICE OF INTENT TO AWARD
REQUEST FOR PROPOSALS #RFP-PD010807-30
LAW ENFORCEMENT COMPATIBLE IN-CAR DIGITAL VIDEO SYSTEM
After reviewing proposals, staff recommends City Council take the following action for the above
mentioned bid.
Award to Integrian Corporation as the lowest responsive, responsible proposer meeting the specifications
of the City of Cape Coral.
FaHure to tile a protest of this bid in accordance with Section 2-150 of the City of Cape Coral Code of
Ordinances shall constitute a waiver of the right to protest.
Sincerely,
.J ~U1C{ !vL<11.Lkc"-'
Sheena Milliken
Management/Budget Administrator
c: Bonnie J. Vent, City Clerk
Rob Petrovich. Chief of Police
Bid File
Financial Services' Procurement Division' City of Cape Coral, P,O, Box 150027
Cape Coral, Fl 33915-0027' (239) 574"()831 . Fax (239) 574"()837 . htlp:l/www.capegov.net
Co-County Seat - Lee County, Florida
03/12/2907 14:14
23'35749837
PAGE 01/9S
CONTRACT IRfP..po010807..3Q
PAGe 1 OF3
This Agreement, made and entered Into thla ,tJ.day of ~ . 2007 by end between the CITY OF
CAPe CORAL,FLORJOA; hereinafter catled "crrr. and INTEGRtAN CORPORATION, doing buslnese
as a corponitlon, hereinafter celled "CONTRACTOR".
WITNESSETH: that for and in consideratiOn of the payments and agreements mentioned hereln8fter:
1. The Contractor Will provide law enforcement competlb~ in-C8t digital video system In accordance with
the Contr8cl Documents.
2. The term of this agreement shall be for . period of one yMl frOm date of eward. This agreement may
be renewed fer two addltlonal one-year periods upon mutual agreement of both parties.
3, The Contractor agrees to pn:lYlde product and services 8S provided for in the Contract Documents 8t
the price outlined In the Request for Proposals, more speoifloelly exhibit A. attached hereto and m~de
II part hereof.
4 This agreement may be terminated by tM City for its convanience upon thirty (30) day$ prior written
notice 10 the Contractor.
5. The Term "Contract Documents" means and lnCI\Jdee the following:
A Request for Proposel8 prepared and Issued by the City.
B. Submitted Response of ContraCtor to the City, except when it conflicts with any oth&r
contractual provision.
C. This Contract as well 8& ell other documents attached hereto endIor referenced l1erein.
ThIS Contract constitutes the entire and ex~e egreement between the pertie& and
supersedes any end a/l prior communlcatlons, disroSSlons, negotiettons, understandings, or
agreements. whether written or verbaf. In the event of oonftlct between any provision of any other
document referenced herein as pan of the oontract end this agreement, the tenns of this
agreement shall control.
6. All time limits l'etecl in the contract documents are of the IflMnOe in the performence of this
agreement.
7. The Contractor shall maintain eudltab\e records concerning the procurement adequate to aooount for
ell receipts and expenditures, and to document compliance with the speoiflc8t1ons. These records
shall be kept in accordance with generally accepted accounting principles, and the City reserves the
right to detennll'le the reeord--I<i!eping method In the event of non-eonformity. These recorda shall be
maintained for five (5) yeers after final payment has been made and shall be readily available to City
personnel with reasonable notice, snd to other persons in accordance WIth the Florida Public
Disclosure Statutes.
8. This agraement may not be assigned except at the written consent of the City, and if so assigned,
shelr extend and be binding upon the sucoesaors and asSignS of the COntractor.
9, The Contractor warrants that It has not employed or retained any.company or person, other than a
bonefide employee working solely for the Contractor to solicit or secure this agreement end that it has
not paid Of agreed to pay any person, company, corpol'8tlon, indiVIdual or firm, other than a bonaflde
employee working solely for the Contractor, any fee, commission, percentage, gift, or other
compensatio"l contingent upon or resulting from !he award or making of the agreement
10. The Chief of Police, or his representatlve. shall administer this agreement for the City.
11 . The validity. construction and ef'fect of this Contract shall be governed by the laws of the state of
Florida. All claim and/or dispute resolution under thiS Agreement, whether by mediation, arbitration,
Ittigation. or other method of dispute resolution. shell take pIaoe In Lee County. Frorlde. More
specifically, any litigation between the partieS to this Agreement shall be oonduoted in the Twentieth
Judicial Court, in and for lee County. Florida. tn the event of any litigation arising out of tillS Contract,
the prevailing party shell be entitled to recover from the non-prev8lflng party reasonable CO$t8 and
attomey's toea.
133/12/213137 14:14
23957413837
PAa:: 132/96
CONTRACT MFP..pOO10807-30
PAGE20F 3
12. No Amendments or var1etlon of the terms or condittons of this agreement shall be valid unless in
writing end signed by the parties.
13. Without limiting Its liability under this contraCt, CONTRACTOR shalf procure and maintain at rts own
expense during the life of the Contract. insurance of the types and In the minimum amounts 8S
detailed in the Contract Documents as will protect ffle firm. from cJalms Which may Irise out of or
result from the contractofs execution of the project. whether such execution by himself or by sub-
consultant, or by anyone directly or /ndtreotly employed by any or them or by anyone for Whose acts
any of them may be liable. The Contractor shall be requIred to name the city of Cape Coral as ~
edditlonal insured on Generalliabillty Insurance poUCies.
Workers' Comoensation: COverage to apply tor an employees for statutory Imils in compliance With
the applicable state and federal lews. The poficy must Include Employers' Liability with a limit of
$1,000.000.00 eacI1 accident.
COmorehenslve General Uebllitv. Shall have mini~ limlt$ of $1,000,000.00 per occurrence.
Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include
Premises and/or Operations, Independent Contractors end Products and/or Completed Operation$,
Broad Form Property Damage. XCU Coverage, and a ContractuelllebRity Endorsement.
BUSiness Auto PoIlcv: Shall have minImum limits of $1,000,000.00 per occurrence. Combined $Ingle
Umlt for Bodily Injury and Property Damage LiabUity. ThIS shall include owned vehicles. hil'ed and
non-owned vehicles, and employees' non-ownership.
Certificate of Insurance: The City of Capo Coral is to be specifically Included 18 an additional ineured
on ell General Liability polIcieS. This does not pertain to Wort<ers' Compensation.
In the event the insurance coverage expires prior to the completlon of the project. a renewal
certificate shall be issued thirty (30) days prior to said expiratiOn date. The policy shall provide 8 30-
day notification clause In the event of cancellation or moclJftcatlon to the policy. Unless otherwISe
spec/fled. it shall be the responsibAlty of the contractor to ensure that aU subcontractors comply with
the same Insurance requirements spelled out above. All eertlficateS of Insurance must be on file with
and 21pproved by the City of Cape Coral before the commencement of any work activltle8.
14. The invaHdfty or unenforceability of any perticula' provision of this 9gr'eement shall not affect the other
provisions hereof. and the agreement shall be construed in all respects as if such Invalid or
unenforceable provIsions were omitted.
, 5. The employmenf of unauthorized allens by any Contractor 1$ considered a violation of Section
274A(e) of the Immigratlon end Nationality Act. If the Contractor knowinglyemployl unauthomed
aliens. suCh violatior1 shall be cause for unilateral cancellation of any contract resulting from this
solicitatior:. This applies to any sub-contractors used by the Contractor as well.
03/12/2007 14:1~
2395749837
PAGE 93/96
CONTRACT fRfP-POO10807-30
PAGE 30F3
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officiels this Agreement on the date last signed as below written.
(SEAL)
ATTeST:
CITY:
ATTEST:
I"",,,,~, CitY ~ caoe Cor." Florida
. ,1 OF '...
n _ . .' ~ Fl....... ~ ~
~- ~ ~~~...........~-9~~ Signature: ~ -..
~. '.. ., -
Bonnie J. Vent \ l CITY ,. \. l'yped Name: Terrance Stewart
,*: ': ..
, . : '
.. . C" ... : * Stle:_..
-:,\'" ~ 1~
-;.'6 \. I ~ .$)ate:
_ ~..... .'. 'toO... ." Q> ,'Ii. .
-:.. '" .... tt'" *,,'
.. 0... ............. ~ ,\
........,Z4~ SE.r,I" CON'fRACTOR:
"'1111'"
State of ,_ MlC~ C1t1' "'\IVlC.
County ot _\)\A.l"\otc... WI
s;jtv ManaCMf
<.l- '..a~
rnteariM CO~
Signature: ~
Typed Name: (l~ ~0-~~
Title: t) p- j 4-{(2/
;'/#/17
The foregoing instrument was aCknowled~_J1
befort'J. tt:ls .to. Jf\ day of ~"" ,~
by ~ br~cl.\t") _
who is parsonally known to me OR produced
1XN-I" 1 L.:i'-- as identification.
~e I~ ,^. 'Stt'.ft5
'1/~'11~ I
Date:
(N01A~Y SEAL)
AFFIX CORPORATE SEAL:
.,..,1
<7l\> I NTE G R I A N'
EXHIBIT A
PAG:. 04/06
511 Davia Drive, Sto. 300.
MOnUvil1e. Ne 27'60
Ph: 919,472.$000
www.i1Ub,rian ~
03/12/2007 14:14
23'357413837
PRICING DETAIL
900-0020 60 $ 185,700.00
,'01 j tI(j
$
eo $ 39 000.00
S
eo $ 33,000.00 .7
$
60 $ 6,000.00 I~ 8(J /
$
s
YA2!!lA
Tota!:
to(;-(JO z r
~tI
~/Cf<f
/'
22
Ql\) INTEG R IAN'
PAG;: 05/06
511 Davis Drive, Ste. 300.
MorrisvUle, NC 27560
Ph: 919.472.5000
www,jn~iIjllf.coln
03/12/2007 14~1~
23Cl'5746837
/
/
V
700-0080
1
f-._, . 900 Viewing Kit 3 S 500.00 V'
I
f 700-0090 Optlon3117" Flat Panel Mooitor. usa 1
I speaker~, 128MS Graphics card with TV
out. !/'
8 Port Gigabit Desktop Switch
650.0024 (1 per pemo Server needed)
100el PowerVeult ArrtlY (storeS 6500+ $ 1 .s00.00 v/
hours RAIDS)
15X5000a SArA Drives: Redundant
850.0216 power. Ralls lor rackmounl wltl'l 3 year 1
I NSD onsite warranty.
I
,
Total:
23
(jj\) INTEG R IAN'
PAGE 06/06
S 11 Davis Drive, See. 300,
Mol1'i$vill~, NC 27560
Pb: 919.472.5000
www.intemian.com
03/12/2007 14:14
23957421837
A1I'tems . T
.... Notes:
1, installation Is quoted as an optIon, Includes removal of existing unfts
and will be performed by:
PUBLIC SAFETY PRODUCTS
1110 Pine Island Rd #22
Cape Coral, FL 33909
Phone: 239--242.9898
2. The quoted trade In price's good for this opportunity only. Trade 'n
prices art negotlatltCl on an individual baslt:.
24
Date: 3/14/07
AGENDA ITEM NUMBER:
<g.r1~3
e
AGENDA REQUEST
Request to be placed on:
.lL Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda
When: March 20, 2007
Description of agenda item (who, what, where, how much):
The Police Department requests approval of the following proposal between the City
of Delray Beach Police Department and Integrian, for the purchase of six (6) digital in-
car audio-visual recording systems priced at $27,870 (includes $150 shipping). These
systems will be utilized daily during routine traffic enforcement and community patrol
activities. The system has the ability to secure solid evidence for criminal prosecution,
real-time recording of events, and enhanced officer safety. Digital recordings also
reduce civil liability claims of officer misconduct. Purchase of these audio-visual
devices was approved in the current budget. This particular system was selected after
researching a variety of options. A number of local agencies have opted for this
system. Pricing has been based on the Cape Coral, Florida contract (attached).
~rtmentH~
Signature:
City Attorney Review/Recommendation (if applicable):
#'~
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Oro Initials: 1t(j-'
Account Number: ~~;-521-64.90, 001-2119-521-64.90, and 001-2121-521-
64.90
Description: Other Machinery and Equipment
Account Balance: $37,860
Funding Alternatives: N/ A (if applicable)
City Manager Review:
Approved for Agenda: @/ No Initials:
Hold Until:
rru~
I
Agenda Coordinator Review:
Received:
Delray Beach
Police Department
300 West Atlantic Avenue
Delray Beach, Florida 33444-3695
(561) 243-7888 Fax (561) 243-7816
DElRAY BEACH
.' ',"
....
All-America City
, III I!
Joseph L. Schroeder
Chief of Police
2004
1993
2001
MEMORANDUM
TO: David Harden
City Manager
FROM: Sharon L'Herrou \..t \W
Administrative Officer ~ '~)
DATE: March 14,2007
SUBJECT: BALLISTIC VESTS
The Delray Beach Police Department requests approval for the order of ballistic vests
and plates (bulletproof vests) from Tactical Products Group in the amount of $50,180.
This amount includes 38 carriers, 18 tactical vests, and all necessary equipment (plates
and pouches). Many of the items are on state contract (#680-850-05-1), and the
company is providing better than state contract pricing for these items (see attached
spreadsheet comparison). Two of the vendor's items are source specific products and
are not on the state contract. Those items equal $6,840 of the $50,180 total cost. This
purchase qualifies for the Bureau of Justice Assistance. Bulletproof Vest Partnership
Grant. Therefore, 50% will be paid through the grant. According to the grant, all items
are to be purchased on one invoice to qualify for payment.
With your approval the department will purchase the ballistic vests using account #115-
2132-521-52.27, Matching funds have already been budgeted for this purpose and will
be available in this account pending budget transfer (matching funds are currently in
account # 115-2132-621-64.90).
Should you require further information, please contact me at ext, 7852.
SUrmh
Attachment
Serving with P.R./.D.E.
Professionalism, Respect, Integrity, l)iversity and Excellence
g. R.4
DELRA Y BEACH POLICE DEPARTMENT
MEMORANDUM
TO: Sharon L'Herrou, Administrative Director
FROM: Officer E. Aronowitz
Training Section
DATE: March 16,2007
SUBJECT: Ballistic Vest request-Commission approval
Please be advised that the police department is seeking commission approval for
$50,180.00 (50% reimbursable from bulletproof partnership federal grant) for the
purchase of ballistic vests and plates for SWAT and road patrol. This armor
replaces older expired SWAT vests and provides added safety and protection
against high-powered weapons that the road patrol might encounter. This vest
was custom designed to provide maximum protection and included enhanced
safety features that the team requested. The quoted price for the complete soft
armor vest was $1500.00 per vest and all modifications. This price is
substantially less that the $2085.07 state contract pricing. The special pricing
was due to Boca Raton SWAT and our agency requesting the same vest for
volume pricing. The total cost for 18 vests is $27,000. In addition to the soft
armor the agency is requesting ballistic plates. The additional ballistic plates
provide enhanced protection capabilities for the vests. According to the BPV
grant, all ceramic plates must be purchased at the same time the soft armor is
purchased on one invoice to qualify for payment, this total is $23,180.00.
Combining the amounts equals the $50,180.00.
Tactical Products Group, Inc, a Delray Beach business provided the lowest
quote for all products combined and eliminated all shipping and freight costs.
I have included the State of Florida contract covering this vest and manufacturer
(contract # 680-850-05-1)
I am requesting that the request is soon as possible, so the manufacturing may
begin.
If you have any questions regarding this matter, please contact me at your
convenience.
Cc:
File
Lt. Goldman
ESA
Serving with P.R.I.D.E.
. .
QUOTE
TIlCtiatI Products Group, Inc.
755 NW 17th Ave
Suite 108
DeIray BelIch, R.. 33445
Phone (561) ~
MIx (561) 265-4061
Delray Beach Police Department
300 West AIIantic Avenue
DeIray BelIch, Florida 33444-3695
(561) 243-7800
QuoIa Number:
DBP0075
DMIe;
3fl(1IYJ7
AuthorIzed by;
Dan Lounsbury
Ship via;
Local
V.1Id for
30 Days
DelIvery
30 Days ARO
I-.ecI To:
CUN Description Qty Price Extended Price
1 ND CertIfIed ..... IV c..mlc ...1IIItIc: Platies 76 $ 215.00 $16,310.00
NO Certified by Rrst Choice Armor, AI..203
2 PIetIe CarrIers, ... ./MOLLE .....na 38 $ 100.00 $3,800.00
POLICE patch front end Al8I', Tac:plogear brand
3 Double AR M-. Pouch I Double PWoI Mq Pouch 76 $ 40.00 $3,040.00
and Plate CarTier bIIg, bI8ck ripstop nylon, Tacprogear
4 Tlldlc:al V..... Mebo Pro MocW (mocRfIed) 18 $ 1,500.00 $27,000.00
Level IDA from Rrst Choice Armor
5 Ceny illig - TllC Ceny illig 18 $ -
embroidered with logo from Rrst Choice Armor
Subtotal $50,180.00
T....... .nd CondIHoM Shipping no charge
AIIltems priced in $USD Sales tax nfa
~T__ Other
Net 30 Total $ SO,l80.00
~
30 Oays ARO
ApproYIIIIIgutu..
DellI
Quote number must appear on all invoices and correspondence.
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'TAC'T
Oelray Beach Polio! Department
300 West AtlantIC Avenue
Defray Beach, Florida 33443
Subjett:
Sole Source Letter
February 2, 2007
To Whom It May Concern:
The purpose of this letter is to hereby state and certify to the Defray, PoIia! Department
and other concerned parties that Tactlcal Products Group, Inc. is Ithe sole and exdusJve
I11anufacturer and distributor d the "TACPROGEAR" line of products. T line indudes but Is not
limited to TACPROGEAR brand;
· Flashlights,
· Knives,
· Vest Covers and CarrIers,
· Pouches and Podu!ts,
· Slings,
· Backpacks and Hydration Pacts,
· Sights,
· Plate Carriers,
· Tactical Clothing,
· Goggles,
. Gear Bags,
· And mIScellaneous tactical prOO~ sold under the TA
Thank you for the opportunity to serv~ the Delray Beach Police Depa
Slncerefy,
-~
Dan Lounsbury
2/2'd
9"t8LS:t1-2"t9S:0.1
S.1:::oJJ&l
190t7S9219S
OGEAR brand name.
It.
S\JI~ 'us
.., rn~ ~ .....~,
'I$~ ."". flor.aa ').,....
I Y 1)t'ach. -\Q(.6
(Ie, .." ,).65,
v ':><,'
Body Annor (Protective Vests) I State Tenn Contracts / State Contracts, Agreements and Price L... Page I of 2
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View Surv.eyltesults
Contract Name: Body Armor
(Protective Vests)
Contract Number: 680..850-05-1
Effective Dates: 02/03/2005 through 02/02/2008
When issuing a purchase order use commodity cia..: 680
Contractors
American Body Armor (A)
BeSafe International (A)
~ Fir~t Choice Armor & Equipment (R)
ForceOne, LLC (A)
Gator Hawk Armor Inc. (AJ
la~_f;nforcement Supply Co. (V)
point Blan_k__Body Armor,]Dc. .it\j
PI~tecb_A[mQLed Products (A)
Protective_ApJ2arel C.Q_[poration of America (AJ
prQt~ctiYe_PrQQJJ~ts International ill
Safariland---1AJ
~iRT_S_YQRly,I_1Il~(A) - Blackhawk Armor
SRT S!JQPJy-.Inc.,-L& RBR Armor
U____S .-p'smQL_Co rpo ratio nJAl
Amendments
MyFloridaMarketPlace Users
Contract Administrator(s):
For further Information please contact a contract administrator:
Mark Lovell
http://drns.myflorida.comlbusiness _operations/state _purchasing/vendor j nfonnati on/state _ contrac.., 3/13/2007
AGENDA ITEM NUMBER:
S.fi.q
AGENDA REOUEST
Request to be placed on:
X Consent Agenda _ Regular Agenda _ Workshop Agenda_ _ Special Agenda
When: March 20, 2007
Description of agenda item (who, what, where, how much):
The Delray Beach Police Department requests approval for the order of ballistic vests and plates
(bulletproof vests) from Tactical Products Group in the amount of $50,180.
T.his amount includes 38 carriers and all necessary equipment (plates and pouches). The quote
~ attached dl"d i6 Jr!l.. 1I._ Sl 11 . liIAtl't!let 1'" ;,,;1'19":- This purchase qualifies for the Bureau of
Justice Assistance, Bulletproof Vest Grant. Therefore, 50% will be paid through the grant.
Purchase will be with account #115-2132-521-52.27. Matching funds have already been
budgeted for this purpose and will be available in this account pending budget transfer (match
funds 115-2132-621-64.90).
~:=ntHead ~ JL(~~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Av.Ulable 6)NO Initials: cJ;f:/
Account Number ! i S - J-I 3 ;t - S- &-1- S:;. . ;;. 7
Description !?t)UAp~ L 1:762)
~ 151 g l( Lli 17J~ L;q
Account Balance:
cwl 115-J)31.-5~/-1.,'f.1D
O/hfr ~/ Pou1frnJ
'-19) ~ tfq
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda: @/ No Initials: z>>v1
Hold Until:
Agenda Coordinator Review:
Received:
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN DUM
TO:
FROM:
David T. Harden, City Manage.r r ~
Bob Diaz, Construction Man~
12 Mar 2007
DATE:
RE:
Temporary Fire Station No.4 (Barwick Baptist Church Site)
Agenda Item
Project 2007-014
The attached agenda item is for Commission approval/authorization for the Mayor to
sign a Contract with LlNETEC. INC. In the amount of $ 20,989.00. LlNETEC, INC will
install a new 2" water service and 2" force main needed to provide water and sewer
service for the temporary Fire Station No.4 site located at Barwick Baptists Church.
Total fee amount is based on an existing City of Delray Beach contract with L1NETEC,
Inc. for maintenance services. The cost of this installation is $ 20,989.00 and funding is
proposed from account No. (442-5178-536-63.90) W&S Renewal & Replacement
Fund/Other Improvements after a budget transfer. Copy of the proposal attached
(Schedule A") for your reference.
Location map detailing scope of work attached for your reference.
If this meets with your approval please place it on the 20 Mar 2007 commission
agenda.
Thanks!
cc: Richard Hasko; Director of ESD
Randal Krejcarek, City Engineer
Rafael Ballestero; Dep. Director of Construction, ESD
Carolanne Kucmerowski, CMT
City Clerks Office
Agenda File 3/20/07
File 2007-014 (A)
S:\EngAdmin\Projects\2007\2007 -0 14\OFFICIAL \2007-014-Linetech agenda memo. doc
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Estimate
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1210 SE 1st Street I BoyDtoD DeBell, F133435 I Ph: S61.374.J494 I Fax: 561.737.3827 i Ww'w.1ineteeiDe.eom
Name / AdcIreu
City ofDe1ray Beach
434 South Swintoo Ave
Delnly Beach, F1 33444 . PrDject
Baptist Chmdl Barwick WaterlSe...
Description Rate Qty TC1181
Ibis estimate js for the instal~ of a MW 2" PH water
service IIld 2" PE furce main to provide 'MIter &: sewer for
~ Fire StiitiOii #4" Wtitk Will mvolVe tiWCliiiig iii
opeD 81'181 .""mtaian-g 5' of sepmation between Iin~ dinlctioD
driIlingto ins!a1l3" SCH 40 easing UDder roadway and
sidewalks, hand diJaiag in planter area to iDsta1l3". cuiq and
CXCtI\'ation of grass. ana to install 3" casiDg. Total foo1aae for
tIMWJt fiti.ut pottlbla t(j manbo1e is 635' and ib! total fbolage
for ~ is S9?' fr!;m ~1e1o DeW 2" service 1iDc ptovided .
by The City ofDeJray Beach.
TftldJtlbttla1 and price,.per foot of2" service line with 3" PVC 18.00 220 3,960.00
ouiag (Wilt<< Line)
ID~~ ~ f~foot 012" service line with 3" PVC 18.00 220 3,960.00
oaain& (Sewer Lino)
I.nJtaIIaticJn pricelfoot of2" PH 8IlI"'Iico 1ine without casing 15.50 375 5,812.50
(Wiler Line)
lnsta11atioD pricelfoot air PE senice line without c:uiD8 15.50 315 4.882.50
(Sewer Lillo)
Pumiah and iDsta11 ~li COIpOI8ticm stop and saddie (Forcemai.n) 450.00 J 450.00
InstaIIatioi.t and ~pc'Jl' foot of2t1 ~QC liDewith PVC 18.00 43 774.00
cuiug
Core exilltiqg DWJboIe ~ mud work OD;eDstiDg maDhole. 325.00 1 325.00
Sod:Restoration per squan foot 1.25 660 825.00
This l!IItiJJude coven- aU .lahar, ecpaipment, materials and
rettota1ioo costs to cOmplete.this prqect, excluding any aspbaIl
or eouerete pa1ehiq;
I Total
S20-'89.oo I
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63/07/2007 11:08
BI:lVHTCI'I BCH FINANCE
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PAGE en
....-.
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PROCURENJI:I'lIT SIulVZC1//S
100 E. BOY/II':Z'ON BJlJACH
BOl!LSVARD
P. Q. BOX 8..l0
BOYNTON BliWCH, FLORIDA
~-0810
TELEPHO/V& NO; (661) 74J1-681tJ
FAX~ (98J) 74SJ-681S
March 06, 2007
Line Tee Inc.
1210 S.E. First Street
BO)lJ1to~ Beach. Fr 3J4JS
Attn: Scott Ellsworth
BID: uTWO-YEAR CONTRACT FOR SUPPLY AND INSTALLATION OF WATER
SERVICE CONNECTIONS &: RESTORATlON"
BIDN: 027-2811-07JJA
CONTRACT PERIOD:
MARCH 06, 2007 TO MAIleD OS, 2009
Dear Mr. Ellsworth:
At the City Commission. meeting of March S~ 2007, the Bid for "TWO - YEAR CONTRACT
FOR THE SVPPLYAND INSTALLATION OF WATER SERVlCE CONNCfrONS &
RESTORATION" was awarded to your oompany~
As stipulated within the Bid specifications, your company's original certificate of insurance is to
be provided to our Risk Management Department at your earliest Qonvenienee, namin* the City as
additionallv insured.
We would like to thank you for responding to this Bid and look forward 10 working with you. A
tabulation. sheet is enclosed for your review. A Blanket Purchase Order will be issued upon
recoipt of your insutB11cc.
If you have any questions regarding 1his Bid, please call Janet AUen, Buyer. at (561) 742.6322.
Sincerely,
-xJcd.1.f:lt.-
Bobby Jenkins
Deputy Finance Director
IJa
Sm:IO$UTel T4~I~ion SlIcel
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8IJb CClIIl>oy
CGllnJ File
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Agenda Item No. ~ .1R. .5
AGENDA REQUEST
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda
Date: March 13. 2006
When: March 20 2007
Description of item (who, what, where, how much): Commission approval for contract award in
the amount of $20,989.00 to L1NETEC, Inc, for installation of 2" water and sewer services necessary for
the temporary Fire Department facilities located at Barwick Baptists Church. Funding is proposed from
account #n442-5178-536-63.9Q W&S Renewal & Replacement Fund! Other Improvements aftertYHdget
transfer. ",.~}bQctl"7 C/V'. bid '#:-0"2.. -'J..-~').'-()7/JA--C''rJ oF&Y(lk ~~ VI
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT A IT ACHED YES/NO
Recommendation: Staff recommends award of contract to L1NETEC, Inc. in the amount of $20,989.00
regarding the water and sewer clion scope of work necessary for the temporary Fire Station No. 4
facility.
Department head signatur
3- JS"- 0
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review ~~~d on all items in~olving expenditure of funds):
Funding available: ~O (see abovethf:J
Funding alternatives (if applicable)
Account No. & Description 04 Z-5/78- ~~b.If}'5-cr;) ()/h(r I fn ~LmfrtJ:s
Account Balance <$5ZJ /lXJ tyfu)tLtLv1 5'4
City Manager Review:
Approved for agenda:
Hold Until:
@/NO 17v/l
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
ApprovedlDisapproved
S:\EngAdmin\Projects\2007\2007-014\OFFICfAL\Linetec agn memo 03.20. 07. doc
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City Of Delray Beach
Department of Environmental Services
M E M 0 RAN DUM
TO:
David T. Harden, City Manager
FROM:
Bob Diaz, Construction Manager
DATE:
12 Mar 2007
RE:
Temporary Fire Station No.4 (Barwick Baptist Church Site)
Agenda Item
Project 2007 -014
The attached agenda item is for Commission approval/authorization for the Mayor to
execute a contract with Kilbourne & Sons, Inc. in the amount of $21,688.20. Kilbourne &
Sons, Inc. to construct a paved staging area for the temporary trailer office space as
described on the attached drawing. Copy of the proposal attached for your review
(Schedule "A").
Scope of work will include; clearing and grubbing of the proposed site, 12" of compacted
subgrade, 8" Limerock base and approximately 4,000 square feet of 1 %" type III asphalt.
A quote was requested from Hardrives, Inc. but they declined to submit a quote due to
their current workload and the size of the job.
The cost of this installation is .$ 21.688.20 and funding is proposed from account No. (334-
6112-522.49.90) General Construction Fund/Other Current Charges after a budget
transfer.
Location map detailing scope of work attached for your reference.
If this meets with your approval please place it on the 20 Mar 2007 commission agenda.
Thanks.
cc: Richard Hasko; Director of ESD
Randal Krejcarek, City Engineer
Rafael Ballestero; Dep. Director of Construction, ESD
Carolanne Kucmerowski, CMT
City Clerks Office
Agenda File 3/20/07
File 2007-014 (A)
C:\Documents and Settings\smithd\Local Settings\ Temporary Internet Files\OLKD5E\2007-014-Kilbourne agenda
memo. doc
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Mar 13 07 02:30p
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KILBOURNE
5612437314
15612787034
CITY OF DELRAY BEACH
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PAGE 134/64
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Agenda Item No. <l.I( ~
AGENDA REQUEST
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda
Date: March 13. 2006
When: March 20 2007
Description of item (who, what, where, how much):
The attached agenda item is for Commission approval/authorization for the Mayor to execute a contract
with Kilbourne & Sons. Inc. in the amount of $21,688.20. Kilbourne & Sons, Inc. the apparent low bidder
will construct a paved staging area for the temporary trailer office space as described on the attached
drawing. Copy of the proposal attached for your review (Schedule "A")
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends award of contract to Kilbourne & Sons, Inc. in the amount of
$21,688.20 regarding the paving scope of work necessary for the temporary Fire Station No, 4 facility.
Department head signature ~lM 3-1$ - oll
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (~d on all items involving expenditure of funds):
Funding available: ~O (see above) ~ Up:tJ
Funding alternatives. (if appliccwle)
Account No. & Description "3"3</- r:;;.l;: 5 2 Z Ip] - ;; (!)Itlf /junftl (!jfvrS
Account Balance PKJ 000 __ ~5I-l,_
City Manager Review:
Approved for agenda: '~NO CJ>.....,q-v/l,
Hold Until: \:.../' (....J ~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdminIProjects\2007\2007 -014\OFFICIAL \Kilbourne agn memo 03,20,07. doc
bR1
FROM:
D~
~U.L D~Re~
~AREZ,
, DIRECTOR OF PLANNING AND ZONING
"'?
PRESERVATION PLANNER
TOt
THRU:
SUBJECT: MEETING OF MARCH 20, 2007
APPEAL OF THE HISTORIC PRESERVATION BOARD'S DECISION FOR
RELOCATION OF A STRUCTURE TO 20 NORTH SWINTON AVENUE
LOCATED IN THE OLD SCHOOL SQUARE HISTORIC DISTRICT.
The action requested by the City Commission at its March 5, 2007 meeting is the appeal of a
decision made by the Historic Preservation Board (HPB) on February 21, 2007. The HPB denied a
Class IV Site Plan Application and associated Certificate of Appropriateness (COA) for additions
and alterations to the existing structure located at 24 North Swinton Avenue and the relocation of a
structure from 24 North Swinton Avenue to the adjacent property at 20 North Swinton Avenue
based on a finding that the request was inconsistent with the Comprehensive Plan and failed to
meet the criteria set forth in the Land Development Regulations, the Delray Beach Historic
Preservation Designed Guidelines, and the Secretary of the Interior's Standards for Rehabilitation.
In anticipation of the possible redevelopment of 24 and 34 North Swinton Avenue, the CRA
submitted an application in December, 2006 requesting variances related to the relocation of the
contributing structure located at 24 North Swinton Avenue. Subsequently, the Historic
Preservation Board approved the variance request to reduce the rear (west) and side interior
setbacks (south) of the property at its December 20, 2006. The Board voiced concerns
regarding the relocation at this time. However, since the relocation was not submitted as part of
the application at that time, positive findings were made with respect to the variance.
At the Historic Preservation Board meeting of February 21, 2007, a Class IV Site Plan
Application and Certificate of Appropriateness were reviewed. Those applications requested
approval for alterations and additions to the existing structure located at 20 North Swinton
Avenue and the relocation of a structure from 24 North Swinton Avenue onto the subject
property.
In order to justify moving a contributing structure, the LDRs require the applicant to demonstrate
that the structure's preservation on its existing site is not consistent with the intent of LOR
Section 4.5.1 or would cause undue economic hardship to the property owner. The intent of
LOR Section 4.5.1, Historic Preservation and Sites, is to provide for the preservation and
protection of districts, buildings, and structures that are reminders of past eras important in
local, state, and national history; that provide significant examples of architectural styles of the
past, that are unique and irreplaceable assets to the City and its neighborhoods; or that provide
this and future generations with examples of the physical surroundings in which past
generations lived; and other purposes.
q.A
City Commission Documentation, Page 2
Meeting of March 20, 2007
Appeal of HPB Action - 20 North Swinton Avenue, Old School Square Historic District
In addition, all development proposals should meet the intent of the Delray Beach Historic
Preservation Design Guidelines and the Secretary of the Interior's Standards for Rehabilitation.
The Board was not able to make these required findings as the relocation is not based upon an
economic hardship and preservation of the structure in its current location is consistent with the
intent of LOR Section 4.5.1. Given this, the Board had no choice but to deny the request. A full
analysis is located within the attached Staff Report.
The Board followed the established quasi-judicial procedures in considering the project. The
applicant and property owner of 24 North Swinton Avenue offered testimony in support of the
development proposal. Staff noted that the request did not comply with LOR Section 4.5.1 (E)(5).
Following a discussion regarding the proposal, the Board felt the request was not consistent
with the LDRs, the Delray Beach Historic Preservation Guidelines and the Secretary of the
Interior's Standards for Rehabilitation.
On March 5, 2007, the City Commission requested that this item be removed from the Consent
Agenda. Commissioner Montague noted that the CRA and the property owner of 24 North
Swinton Avenue "had discussed options (regarding the redevelopment of 24 North Swinton
Avenue) that would be good for the community" and that she would like to see further
discussion and information in front of the Commission. At this meeting, the Commission, by a
vote of 4-0 (Mayor Perlman stepped down) agreed to appeal the HPB's decision and scheduled
it for their next meeting of March 20, 2007. The relief being sought is reversal of the HPB's
decision to deny the COA.
If Commission recommends that the Class IV Site Plan Application and COA be approved, it
should be subject to conditions and submittal of revised plans which would address the
following items:
1. That a key be provided for all hardscape materials noted on the landscape plan;
2. That a traffic statement be provided;
3. That a bicycle rack be shown on the plans and be installed on the property;
4, That specifications of any new light fixtures affixed to the exterior of the structures be
submitted with revised plans;
5. That all technical items noted in the Historic Preservation Board Memorandum Staff
Report provided by the Engineering Department be addressed prior to Site Plan
Certification;
6. That the elevations are noted correctly with respect to their position on the property;
7. That a paint sample be submitted for the connector foyer;
8. That a color swatch be submitted for the awning;
9. That the landscape plan show the water retention areas and evaluate the sustainability
of the proposed plant materials within those areas.
Commission's discretion.
Attachments:
Historic Preservation Board Memorandum Staff Report of February 21,2007.
HISTORIC PRESERVATION BOARD
CITY OF DELRAY BEACH STAFF REPORT
MEETING DATE:
ITEM:
February 21, 2007
20 North Swinton Avenue (Community Redevelopment Agency), Old School
Square Historic District - Consideration of a Certificate of Appropriateness,
Class IV Site Plan Modification, landscape plan, and design elements for the
relocation of a contributing building onto the subject property, and alterations
and additions to the existing contributing structure.
GENERAL DATA:
Owner:. . ... . . . . .. .. , .. . , . . ... Delray Beach Community
Redevelopment Agency
LAKE IDA ROAD
Agent:..................,..... Francisco Perez, Project Architect
Location:..................... 20 North Swinton Avenue
m
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Future Land Use Map:... Other Mixed Use (OMU)
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ATLANTIC AVENUE
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Ifill
2ND ST.
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Property Size:.............. 0.226 acres
w.
Current Zoning:............ Old School Square Historic Arts
District (OSSHAD)
Adjacent Zoning:......,..,
North: OSSHAD
South: OSSHAD
East: OSSHAD
West: OSSHAD
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S-W.
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Existing Land Use:........ Office
Proposed Land Use:..... Office
Water Service:. .. .... ..... Existing on site
Sewer Service:. . .. . .. .. . . . Existing on site
The action before the Board is that of approval of a COA that incorporates the following aspects of
the development proposal for 20 North Swinton Avenue (Community Redevelopment Agency),
pursuant to LDR Section 2.4.5(F):
.:. Class IV Site Plan Modification
.:. Relocation of neighboring structure onto subject property
.:. Landscape Plan
.:. Design Elements
The subject property is located on the west side of North Swinton Avenue, between West Atlantic
Avenue and NW 1st Street.
The subject property (Lot 12, Less South 4 Feet Additional Right-Of-Way For Alley Lying South of
and adjacent to, Block 60, Town of Delray) is located in the Old School Square Historic District and
contains a Monterey style structure built in 1935. The aforementioned structure, originally located
in West Palm Beach, currently houses the administrative offices of the CRA. It was relocated to its
current address in 1990, along with two other structures (presently located at 24 and 516 N
Swinton Avenue) by way of the Intracoastal Waterway. The move provided an alternative to
demolition, which would have occurred due to the Palm Beach International Airport expansion. The
structure located at 24 North Swinton Avenue, originally used by the CRA upon its relocation, was
constructed in 1925, In 1995, both structures located 20 and 24 North Swinton Avenue were
individually listed on the Local Register of Historic Places in 1995.
The property owner of 24 North Swinton Avenue also owns the abutting property directly to the
north (34 North Swinton Avenue). At the Historic Preservation Board meeting of October 4, 2006,
an approval was granted for the demolition of the contributing structure located at 34 North
Swinton Avenue. The aforementioned approval was granted with the condition that the demolition
and redevelopment permit are issued concurrently. The plans for the redevelopment of 24-34
North Swinton Avenue have not been submitted for review.
In anticipation of the possible redevelopment of 24 and 34 North Swinton Avenue, the CRA
submitted an application in December 2006 requesting variances related to the relocation of the
contributing structure located at 24 North Swinton Avenue. Subsequently, the Historic Preservation
Board approved the variance request to reduce the rear (west) and side interior setbacks (south) of
the property at its December 20, 2006. The rear setback was reduced from ten-feet (10') to three
feet, ten inches (3' 10") and the side interior setback from seven feet, six inches (7'6") to three feet,
eight inches (3'8").
The development proposal includes the following:
.:. Relocation of structure located at 24 North Swinton Avenue to 20 North Swinton Avenue;
.:. Addition of connecting foyer between the relocated structure and existing structure;
.:. Construction and installation of elevator shaft on north elevation of existing building, and;
.:. Landscape and hardscape improvements.
20 North Swinton Avenue: 2007-1 OO-SPM-HPB-CL4
HPB Meeting of February 21 200f
Page 2 of 13
Proposed Additions
The extant historic structure, originally located in West Palm Beach, is a two-story Monterey style
structure. Exterior alterations proposed in the subject application include a 220 total square foot,
two-story addition containing a "Lula Elevator", hallway, and balcony on the north elevation, as well
as a 100 square foot connector foyer finished with a flat roof with parapet.
The two-story addition is finished with wood siding and asphalt shingle, similar to that of the
existing structure and is offset from the side-wall approximately eight inches (8"). The connector
foyer is proposed with a flat roof, and single paned glass windows on the south elevation and
single paned French doors with matching sidelights on the north elevation. A canvas awning is also
proposed above the aforementioned French doors. A smooth stucco finish is proposed for the
exterior.
The colors of the existing structure will remain the same and the two-story addition will be painted
to match. However, the paint colors for the connector foyer and canvas awning have not been
submitted.
Relocation
The Craftsman-style Bungalow currently located at 24 North Swinton is proposed to be relocated
onto the subject property at 20 North Swinton Avenue. The elevation currently considered the front
(east) will be turned to face the alley (south) due to site constraints. Originally located in West Palm
Beach in the same neighborhood as the existing structure at 20 North Swinton Avenue, the
structure is in danger due to potential redevelopment of the property where it is currently located.
Originally threatened in the 1990s due to the expansion of the Palm Beach International Airport,
both structures traveled by barge down the Intracoastal Waterway to their present location.
The purpose of the subject application is to provide additional office space for the growing
programs that the CRA provides to the local community. Due to the threat of demolition as a result
of potential redevelopment, the CRA has offered to relocate and salvage the building.
LandscapinQ
Both existing and proposed landscaping will be interspersed throughout the property. Existing trees
will be relocated as necessary and additional landscaping will be provided as well.
Note: The subject application proposes to relocate an historic structure. The ultimate development of the
property where it currently sits (24 North Swinton Avenue) is unknown and not under review at this time. The
subject application should be reviewed as proposed and the compatibility of the relocation should be found
through positive findings of the required review criteria noted throughout the Staff Report,
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.
Section 4.4.24 Old School Square Historic Arts District
20 North Swinton Avenue; 2007 -1 OO-SPM-HP8-CL4
HPB Meeting of Febrwni 21 200/
Page 3 of 13
The LDRs state that the purpose and intent of the Old School Square Historic Arts District
(OSSHAD), with respect to zoning, is a mixed use district which is intended to achieve the
following:
. Provide for mixed uses of residential, office, and commercial activities, with an emphasis on
the arts, that will encourage the restoration or preservation of historic structures and, yet,
maintain and enhance the historic and pedestrian scale of the area;
. Stimulate greater awareness and pride in the City's architectural heritage, and create an
atmosphere and feeling of "Old Delray Beach";
. Improve the environmental quality and overall livability of this Historic District and stabilize
and improve property values therein, and;
. Allow uses which promote preservation and adaptive reuse of all structures within the
District.
The application clearly meets the above noted purpose and intent of the OSSHAD zone district.
Preservation of an historic structure, the ultimate goal of the application, has been achieved
through the proposal. The structure to be relocated is in threat of demolition due to possible
redevelopment, and the CRA would like to reuse it as additional office space.
As indicated below, the proposal complies with the associated development standards of LDR
Section 4.3.4(K) and 4.4.24(F) as they pertain to the OSSHAD zoning district:
Reauired/Allowed Provided
Buildinq Heiqht (max.) 35' 21'*
Buildina Setbacks (min.)
Front 25' N/A
Side Interior (north) 7.5' 9'3"
Side Interior (south) 3'8"** 3'10"
Rear 3'10"** 4'
Lot Coveraae 40% 34%
Ooen Soace 25% 57%
* Height of relocated structure.
** Variances granted to reduce rear and south side interior setbacks.
Right-Of-Way
Pursuant to LDR Section 5.3.1, which requires street improvements associated with proposed
development, along with the Transportation Element of the City's Comprehensive Plan, the
ultimate right-of-way width for North Swinton Avenue is 60', The submitted survey shows the ROW
as thirty-three feet (33') from the centerline. Therefore, no additional ROW is needed.
Parking Requirement
Pursuant to LDR Section 4.4.24(G)(4)(a), all non-residential uses, with the exception of
restaurants, shall provide one parking space per 300 square feet of total new floor area. Based on
the added square footage of the relocated structure and the additions to the existing structure,
approximately 7 additional spaces are required. The existing structure requires 9 spaces, for a total
of 16 parking spaces. In the parking lot adjacent to the subject property, which is also owned by
the CRA, there are approximately twenty-two (22) spaces available for use by the CRA offices.
Therefore, this LDR requirement is in compliance as there is a surplus of parking.
20 North Swinton !W80UO, 2007-'OO-SPlvl-HPB-CL4
HPB Meetinq of Fetnl3'Y 21 200/
Page 4 of ,::\
LOR Chapter 4.6 Supplementary District Reaulations:
Lighting
Pursuant to LOR Section 4.6.8, site lighting is required. While the parking area and its associated
lighting exist and are unaffected by the subject development proposal, information regarding light
fixtures affixed to the exterior of the building(s) should be submitted. It is noted that light fixtures
must be decorative and appropriate to the architectural styles of each building.
Technical Items: The following Technical Items provided by the Engineering Department
must be addressed prior to site plan certification:
1. Provide copy of certified boundary and topographic survey meeting requirements of LDR
Section 2.4.3 (A), (B) and (D). Existing grades should be taken approximately 10 feet outside
all subject property lines for all adjacent properties. Survey shall provide sufficient information
to determine historical drainage patterns,
2. The survey, site plan, and the landscaping plan shall be at the same scale per LDR Section
2.4.3 (B) (1). All plans shall be drawn on 24" x 36" sheets and at a scale of 1" = 10',1" = 20'
or 1" = 30', unless approved by the City Engineer.
3. Indicate location of irrigation water meters (east of 1-95 only) on engineering plans.
4. Move proposed c1eanout to the east easement line.
5. Provide the following note on both the Engineering Plans and the Landscape Plans that, "Any
trees or shrubs placed within water, sewer or drainage easements shall conform to the City of
Delray Beach Standard Details; LD 1.1 & LD 1.2." These Details are to be shown on the
Landscaping Plans.
6. Show all easements on Landscape Plans.
7. Provide a detailed description of how each of these comments has been addressed with next
submittal.
8. Final Engineering comments will be generated after submittal of final engineering plans and
must be satisfied prior to obtaining a building permit.
The City Horticulturalist reviewed the submitted landscape plan and had a concern with respect to
the two water retention areas on the north and south sides of the property. Those areas are not
shown on the landscape plans and therefore, it is unclear whether or not the landscape architect is
aware of their relation to the subject development proposal. Additionally, the water retention areas
should be shown on the landscape plans in order to evaluate the sustainability of the proposed
plant materials within those areas.
The aforementioned comment should be addressed and an approved landscape plan must be
submitted prior to site plan certification:
LOR Section 2.4.6(H) - Certificate of Appropriateness:
Pursuant to LOR Section 2.4.6(H){5), the Board must make a finding that any Certificate of
Appropriateness which is to be approved is consistent with Historic Preservation purposes
pursuant to Objective A-4 of the Future Land Use Element of the Comprehensive Plan and
specifically with the provisions of LOR Section 4.5.1.
20 North Swinton Avenue: 2007-1 OQ-SPM-HPB-CL4
HPB Meeting of Februsry 21 200r
Page 5 of 1:3
Future Land Use Element Obiective A-4: The redevelopment of land and buildings shall provide
for the preservation of historic resources. The objective shall be met through continued adherence
to the City's Historic Preservation Ordinance and the following policies:
Future Land Use Element Policv A-4. 1: Prior to approval or recommending approval of any land
use or development application for property located within a historic district or designated as a
historic site, the Historic Preservation Board must make a finding that the requested action is
consistent with the provisions of Section 4.5. 1 of the Land Development Regulations relating to
historic sites and districts and the "Delray Beach Historic Preservation Design Guidelines".
LDR Section 4.5.1 (E}-Historic Preservation Development Standards
Pursuant to LOR Sections 4.5.1 (E)(3), 4.5.1 (E)(4), 4.5.1 (E)(5), and 4.5.1 (E)(8)(a-k), "Development
Standards" provides guidelines in evaluating Certificates of Appropriateness and development
proposals to historically recognized properties within the city. The applicable regulations to the
subject application are as follows:
(E)(3) In considering proposals for alterations to the exterior of historic buildings and structures
and in applying development and preservation standards, the documented, original design
of the building may be considered, among other factors. The proposed two-story addition
has taken into consideration the original design of the building, While minimal, the eight-
inch (8") offset from the sidewall provides a clear differentiation between the historic
building and the new construction. Additionally, the lower pitched roof (2112) allows it to
remain simple and not call attention upon itself.
(E)(4) A historic site, or building, structure, site, improvement, or appurtenance within a historic
district shall be altered, restored, preserved, repaired, relocated, demolished, or otherwise
changed in accordance with the Secretary of the Interior's Standards for Rehabilitation. as
amended from time to time. The applicable Standards are noted below,
(E)(5) Relocation of historic buildings and structures to other sites shall not take place unless it is
shown that their preservation on their existing or original sites is not consistent with the
purposes of this Section or would cause undue economic hardship to the property owner.
The preservation of the structure on its current site, as previously mentioned, is threatened
due to redevelopment pressures.
(E)(B) All improvements to buildings, structures, and appurtenances shall be visually compatible.
Visual compatibility shall be determined in terms of height, front faqade proportion,
proportion of openings (windows and doors), rhythm of solids to voids on front facades,
rhythm of buildings on streets, rhythm of entrance and/or porch projections, relationship of
materials, texture and color, roof shapes, walls of continuity, scale of building, directional
expression of front elevation. The additions to the existing structure are visually compatible
with respect to the aforementioned review criteria. In general, the relocated structure will be
to the rear of the existing structure and the streetscape with respect to the subject property
will remain uninterrupted. It could be argued that the contrasting architectural styles of the
two structures are not visually compatible as they would potentially create a false sense of
historic development. However, the minimally detailed connector foyer between the two
may provide the appropriate amount of space to allow them remain set apart from one
another, Further, the new location will provide high visibility of the structure from the alley
and NW 1st Avenue, as well as North Swinton Avenue.
The following Secretary of the Interior's Standards for Rehabilitation should be considered
with respect to the subject development proposal:
20 North Swinton Avon!)c; 2007-iOO-SPM-HP8-CL4
HPB Meet'ng of February 21 200/
Page 6 of 13
A property shall be used for its historic purpose or be placed in a new use that requires minimal
change to the defining characteristics of the building and its site and environment. (Standard 1)
Each property shall be recognized as a physical record of its time, place, and use. Changes that
create a false sense of historical development, such as adding conjectural features or architectural
elements from other buildings, shall not be undertaken. (Standard 3)
Most properties change over time; those changes that have acquired historic significance in their
own right shall be retained and preserved. (Standard 4)
New additions, exterior alterations, or related new construction shall not destroy historic materials
that characterize the property. The new work shall be differentiated from the old and shall be
compatible with the massing, size, scale, and architectural features to protect the historic integrity
of the property and its environment. (Standard 9)
New additions and adjacent or related new construction shall be undertaken in such a manner that
if removed in the future, the essential form and integrity of the historic property and its environment
would be unimpaired. (Standard 10)
The Delray Beach Historic Preservation Design Guidelines state the following with respect
to additions:
. Locate an addition as inconspicuously as possible, usually to the rear or least public side of a
building.
. In a historic district, consider the surrounding buildings and the compatibility of the addition in
terms of size, scale, materials, mass and roof form.
. Do not introduce a new architectural style, or too closely mimic the style of the existing building.
Additions should be simply and cleanly designed and NOT attempt to replicate the original
design.
The Delray Beach Historic Preservation Design Guidelines state the following with respect
to relocation:
. In order for a property to convey its historic significance, it must possess integrity of location,
feeling, design, setting, materials, workmanship and association.
. Integrity is an important element in satisfying the integrity requirement.
. If a property is moved, it may lose its historic significance unless it can be demonstrated that:
. The property was moved prior to its period of significance;
. The new location is sufficient in size and character to recall the basic qualities of the
original historic environment and setting;
. The property is oriented appropriately in relationship to its historic natural and/or
manmade surroundings, and;
. The relationship between such historic features as landscaping and foundation are
maintained.
. Relocation of buildings is recommended only a last resort, when there are no other preservation
alternatives and the destruction of the historic property at its present location is imminent.
Analvsis
As previously discussed, the proposed additions are compatible and meet the intent of the required
review criteria. The two-story addition contains details which differentiate the old from the new, yet
20 North Swinton Avonuo, 2007-100-SPM-HPB-CLA
HPB Meeting of februmj 21 200/
Page i of 13
is appropriate in its design. The connector foyer contains minimal detailing in order to provide a
clear distinction between the two structures proposed to be joined together.
The relocation of the historic bungalow provides a second attempt at preserving this architectural
gem. While relocation of an historic structure may contribute to the loss of historic integrity of a
structure, it could be argued that the structure was already relocated once. However, while the
structure has only been in its present location for approximately thirteen (13) years, it may have
already earned its place in the community.
The overall intent of the CRA is to salvage the structure currently threatened by possible
redevelopment. While the redevelopment is not under review, it should be noted and clearly
expressed that the redevelopment of the property at 24 North Swinton Avenue will be held to the
strictest interpretation of the review criteria such as the applicable Land Development Regulations,
Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interiors
Standards for Rehabilitation. The location is highly visible and is directly across from Old School
Square.
Based upon the above, positive findings can partially be made with respect to LOR Sections
4.5.1 (E)(3), 4.5.1 (E)(4), 4.5.1 (E)(5), and 4.5.1 (E)(8)(a-k), the Delray Beach Historic Preservation
Design Guidelines and the Secretary of the Interiors Standards for Rehabilitation. However, the
underlying goal of the application, as previously noted, is to salvage an historic structure
threatened by possible redevelopment.
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development
applications, certain findings must be made in a form which is part of the official record.
This may be achieved through information on the application, written materials submitted
by the applicant, the staff report, or minutes. Findings shall be made by the body, which
has the authority to approve or deny the development application. These findings relate to
consistency with the Future Land Use Map, Concurrency, Comprehensive Plan
Consistency, and Compliance with the Land Development Regulations.
Section 3.1.1 (A) - Future Land Use Map:
The subject property has a Future Land Use Map designation of Other Mixed Use (OMU) and a
zoning designation of Old School Square Historic Arts District (OSSHAD). The OSSHAD zoning
district is consistent with the OMU Future Land Use Map designation, Within the OSSHAD district,
pursuant to LOR Section 4.4.24(B)(3), business, professional, medical and governmental offices
are a permitted use. Based upon the above, it is appropriate to make a positive finding with respect
to LOR Section 3.1.1 (A), Future Land Use Map Consistency.
Section 3.1.1 (B) - Concurrency:
As described in Appendix A, a positive finding of concurrency can be made as it relates to water,
sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools.
Section 3.1.1 (C) - Consistency (Standards for Site Plan Actions):
As described in Appendix B, a positive finding of consistency can be made as it relates to
Standards for Site Plan Actions.
Section 3.1.1 (D) - Compliance With the Land Development ReQulations:
20 North Swinton Avenue; 2007-1 OO-SPM-HPB-CL4
HPB Meeting of February 2", 200/
Page 8 of 13
As described under the Site Plan Analysis of this report, a positive finding of compliance with the
LDRs can be made, provided the conditions of approval are addressed.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the
following applicable objectives or policies are noted:
Future Land Use Element Obiective A-1: Property shall be developed or redeveloped in a
manner so that the future use and intensity is appropriate and complies in terms of soil,
topographic, and other applicable physical considerations, is complimentary to adjacent land uses,
and fulfills remaining land use needs.
The subject property, which contains a 2,685 square foot structure, was originally constructed in
West Palm Beach in 1935. It is classified as a contributing building within the Old School Square
Historic District and was individually designated to the Local Register of Historic Places in 1995.
The development proposal is for the construction of a 2-story addition, one-story connecting foyer
and relocation of a 1,579 square foot structure to the rear of the existing structure, as well as
landscape and hardscape improvements. The subject property contains no special physical or
environmental characteristics that would be negatively impacted by the proposed development.
Housina Element Policv A-12.3: In evaluating proposals for new development or redevelopment,
the City shall consider the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be
reviewed in terms of their potential to negatively impact the safety, habitability and stability of
residential areas. If it is determined that a proposed development will result in a degradation of
any neighborhood, the project shall be modified accordingly or denied.
As discussed previously, the subject property is compatible with the adjacent properties with
regard to use. Further, the development proposal will not have a negative impact on the
surrounding area with regard to the criteria stated above (noise, odors, dust, traffic volumes and
circulation patterns).
LOR Section 2.4.5(F)(5) - Compatibilitv (Site Plan Findinas): The approving body must make
a finding that development of the property pursuant to the site plan will be compatible and
harmonious with adjacent and nearby properties and the City as a whole, so as not to cause
substantial depreciation of property values.
North:
South:
East:
West:
Zonina Desianation:
OSSHAD
OSSHAD
OSSHAD
OSSHAD
Use:
Office
Restaurant
Museum &
Arts & Educational Facility
Parking Lot
As noted in the above table, the abutting properties are all consistent with the subject property with
regard to zoning designation and are generally compatible with regard to use. Based upon the
above, no compatibility issues will exist between the additional development and the surrounding
land uses, as the property is currently used as office, and positive findings can be made with
regard to Future Land Use Element Objective A-1.
The subject property exists within the OS SHAD zoning district and is bounded by a combination of
uses such as restaurant, office, and a parking lot. Compatibility with uses is not a concern, as the
20 North Swinton Avenue 2007-1 OO-SPM-HPB-CL4
HPB Meeting 0; February 21 200/
Page 9 of 13
existing use will not be changed and is permitted on the surrounding properties, Based upon the
above, the proposed development is compatible with adjacent and nearby properties; therefore
positive findings can be made with regard to LOR Section 2.4.5(F)(5).
The Community Redevelopment Agency (CRA) reviewed the subject application at its meeting
of February 8, 2007 and supported the development proposal.
The Downtown Development Authority (DDA) reviewed the subject application at its meeting of
February 12, 2007 and unanimously recommended approval.
A. Continue with direction.
B. Move approval of the Certificate of Appropriateness, Class IV Site Plan Modification, landscape
plan and design elements for 20 North Swinton Avenue (CRA), 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 the Land Development Regulations, the
Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's
Standards for Rehabilitation subject to the following conditions:
1. That a key be provided for all hardscape materials noted on the landscape plan;
2. That a traffic statement be provided;
3. That a bicycle rack be shown on the plans and be installed on the property;
4. That specifications of any new light fixtures affixed to the exterior of the structures be
submitted with revised plans;
5. That all technical items noted in the Staff Report that were provided by the Engineering
Department be addressed prior to Site Plan Certification;
6. That the elevations are noted correctly with respect to their position on the property;
7. That a paint sample be submitted for the connector foyer;
8. That a color swatch be submitted for the awning;
9. That the redevelopment of the property at 24 North Swinton Avenue be held to the strictest
interpretation of the applicable and required review criteria;
10. That the landscape plan show the water retention areas and their evaluation with respect to
the sustainability of the proposed plant materials within those areas;
11. That an approved landscape plan is submitted prior to Site Plan Certification;
C. Move denial of the Certificate of Appropriateness, Class IV Site Plan Modification, landscape
plan and design elements for 20 North Swinton Avenue (CRA), by adopting the findings of
fact and law contained in the staff report and finding that the request is inconsistent with the
Comprehensive Plan and does not meet the criteria set forth in the Land Development
Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of
the Interior's Standards for Rehabilitation.
At the Board's Discretion.
Report Prepared by: Amy E. Alvarez, Historic Preservation Planner
20 North Swinton Avonue 2007-1QO-SPM-HP8-CL4
HPB Meeting of February 2'!. 2007
Page10of13
Attachments:
. Appendix A - Concurrencey Findings
. Appendix B - Standards for Site Plan Actions
. Location Map
. Survey
. Site Plan
. Elevations
. Floor Plans
. Landscape Plan
. Florida Master Site File for 20 & 24 North Swinton Avenue (2005)
20 North Swinton Avonuo, 2007-iOO-SPM-HP8-CL4
HPB Meeting of February 21, 200T
Pagel: Of 13
Pursuant to Section 3.1.1 (B) Concurrency as defined pursuant to Objective B-2 of the Future Land
Use Element of the Comprehensive Plan must be met and a determination made that the public
facility needs of the requested land use and/or development application will not exceed the ability
of the City to fund and provide, or to require the provision of, needed capital improvements for the
following areas:
Water and Sewer:
. Water service exists via a service lateral connection to the 8" water main located at the
southwest corner of the property.
. Sewer service exists via a service lateral connection to the 8" sewer main adjacent alley
located to the south of the property.
Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water
Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-
out. Based upon the above, positive findings can be made with respect to this level of service
standards.
Drainaae:
A paving, grading, utility plan has been submitted which also indicates that drainage will be
handled through the construction of two (2) six inch (6") deep retention areas. However, the
Engineering Department has requested, as part of the final plan submittal, that pre- and post-
development storm water calculations be provided.
Streets and Traffic:
The subject property is located in the City's TCEA (Traffic Concurrency Exception Area), which
encompasses the CBD, CBD-RC, OSSHAD, and West Atlantic Avenue Business Corridor. The
TCEA exempts the above-described areas from complying with the Palm Beach County Traffic
Performance Standards Ordinance. A traffic statement has not been submitted and is added as a
condition of approval.
Schools:
As the subject property is located in the City's TCEA, this project is exempt from meeting School
Concurrency requirements.
Solid Waste:
At the highest waste generation rates, trash generated by the existing 2,685.5 square foot office
building is [2,685.5 sq.ft. x 5.4lbs/sq.ft. = 14501.17Ibs/2,000 = 7.25085 or 7.25 tons] 7.25 tons of
solid waste per year. The proposed 188 square foot addition (under-air) and relocation of the 1,579
square foot structure will generate [1767 sq.ft. x 5.4 Ibs/sq.ft. = 9541.8 Ibs/2,000 = 4.7709 or 4.77
tons] 4.77 tons of solid waste per year, thus the development proposal will generate a total of
12.02 tons per year. The Solid Waste Authority has indicated that its facilities have sufficient
capacity to handle all development proposals through the year 2021.
20 North Swinton Avonuo 2007-100-SPM-HP8-CL4
HPB Meeting of February 21, 2007
Page 12 of 13
A. Building design, landscaping, and lighting (glare) shall be such that they do not create
unwarranted distractions or blockage of visibility as it pertains to traffic circulation.
Not applicable
Meets intent of standard X
Does not meet intent
B. Separation of different forms of transportation shall be encouraged. This includes
pedestrians, bicyclists, and vehicles in a manner consistent with policies found under
Objectives 0-1 and 0-2 of the Transportation Element.
Not applicable
Meets intent of standard
Does not meet intent A bicycle rack should be provided.
C. Open space enhancements as described in Policies found under Objective B-1 of the
Open Space and Recreation Element are appropriately addressed.
Not applicable X
Meets intent of standard
Does not meet intent
D. The City shall evaluate the effect that any street widening or traffic circulation
modification may have upon an existing neighborhood. If it is determined that the
widening or modification will be detrimental and result in a degradation of the
neighborhood, the project shall not be permitted.
Not applicable X
Meets intent of standard
Does not meet intent
E. Development of vacant land which is zoned for residential purposes shall be planned in
a manner which is consistent with adjacent development regardless of zoning
designations.
Not applicable X
Meets intent of standard
Does not meet intent
F. Property shall be developed or redeveloped in a manner so that the future use and
intensity are appropriate in terms of soil, topographic, and other applicable physical
considerations; complementary to adjacent land uses; and fulfills remaining land use
needs.
Not applicable X
Meets intent of standard
Does not meet intent
G. Redevelopment and the development of new land shall result in the provIsion of a
variety of housing types which shall continue to accommodate the diverse makeup of
20 North Swinton AvenuQ, 2007-100-SPM-HPB-CL4
HPB Meeting of February 21,200/
Page 13 of13
the City's demographic profile, and meet the housing needs identified in the Housing
Element. This shall be accomplished through the implementation of policies under
Objective B-2 of the Housing Element.
Not applicable X
Meets intent of standard
Does not meet intent
H. The City shall consider the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation
patterns shall be reviewed in terms of their potential to negatively impact the safety,
habitability and stability of residential areas. If it is determined that a proposed
development will result in a degradation of any neighborhood, the project shall be
modified accordingly or denied.
Not applicable
Meets intent of standard X
Does not meet intent
I. Development shall not be approved if traffic associated with such development would
create a new high accident location, or exacerbate an existing situation causing it to
become a high accident location, without such development taking actions to remedy
the accident situation.
Not applicable
Meets intent of standard X
Does not meet intent
J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature
of all new housing developments as part of the design to accommodate households
having a range of ages. This requirement may be waived or modified for residential
developments located in the downtown area, and for infill projects having fewer than 25
units.
Not applicable X
Meets intent of standard
Does not meet intent
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA
1. This appeal of the denial of a Certificate of Appropriateness for additions
and alterations to the existing structure located at 24 N. Swinton and the relocation of a
structure at 24 N. Swinton to 20 N. Swinton Avenue has come before the City
Commission on March 20, 2007.
2. The Appellants, Appellee and City staff presented documentary evidence
and testimony to the City Commission pertaining to the appeal of the denial of the
certificate of appropriateness for additions and alterations to the existing structure
located at 24 N. Swinton and the relocation of a structure at 24 N. Swinton to 20 N.
Swinton Avenue. All of the evidence is part of the record in this case. Required
findings are made in accordance with Subsections I, II and III.
I. LOR REQUIREMENTS
a. LOR Section 4.5.1 (E)(3), 4.5.1 (E)(4), 4.5.1 (E)(5) and 4.5.1 (E)(8)(a-k),
"Development Standards" provides guidelines in evaluating Certificates of
Appropriateness for the alteration or addition of exterior architectural features
Are these guidelines met?
Yes No
Have the overall objectives of the LOR's been met?
Yes No
II. DELRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINES:
The Delray Beach Historic Preservation Design Guidelines suggest the following which
apply with respect to the subject application:
· Locate an addition as inconspicuously as possible, usually to the rear or least public
side of a building.
· In a historic district, consider the surrounding buildings and the compatibility of the
addition in terms of size, scale, materials, mass and roof form.
· Do not introduce a new architectural style, or too closely mimic the style of the
existing building. Additions should be simply and cleanly designed and NOT attempt
to replicate the original design.
· In order for a property to convey its historic significance, it must possess integrity of
location, feeling, design, setting, materials, workmanship and association.
· Integrity is an important element in satisfying the integrity requirement.
· If a property is moved, it may lose its historic significance unless it can be
demonstrated that:
· The property was moved prior to its period of significance;
· The new location is sufficient in size and character to recall the basic
qualities of the original historic environment and setting;
· The property is oriented appropriately in relationship to its historic natural
and/or manmade surroundings, and;
· The relationship between such historic features as landscaping and
foundation are maintained.
· Relocation of buildings is recommended only a last resort, when there are no other
preseNation alternatives and the destruction of the historic property at its present
location is imminent.
Have the overall objectives of the Delray Beach Historic Preservation Design
Guidelines been met?
Yes
No
III. THE SECRETARY OF THE INTERIOR'S
REHABILITATION:
STANDARDS FOR
The Secretary of the Interior's Standards for Rehabilitation recommend:
A property shall be used for its historic purpose or be placed in a new use that requires
minimal change to the defining characteristics of the building and its site and
environment. (Standard 1)
Each property shall be recognized as a physical record of its time, place, and use.
Changes that create a false sense of historical development, such as adding
conjectural features or architectural elements from other buildings, shall not be
undertaken. (Standard 3)
Most properties change over time; those changes that have acquired historic
significance in their own right shall be retained and preseNed. (Standard 4)
2
New additions, exterior alterations, or related new construction shall not destroy historic
materials that characterize the property. The new work shall be differentiated from the
old and shall be compatible with the massing, size, scale, and architectural features to
protect the historic integrity of the property and its environment. (Standard 9)
New additions and adjacent or related new construction shall be undertaken in such a
manner that if removed in the future, the essential form and integrity of the historic
property and its environment would be unimpaired. (Standard 10)
Have the overall objectives of the Secretary of the Interior's Standards for
Rehabilitation been met?
Yes
No
3. The City Commission has applied the LOR 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 appeal and hereby adopts this Order this
day of March 20,
2007, by a vote of
in favor and
opposed.
ATTEST:
Jeff Perlman, Mayor
Chevelle Nubin
City Clerk
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HISTORICAL STRUCTURE FORM
Electronic Version 1.1.0
Site#S PB12970
Recorder #
Field Date 3/1/2005
Form Date 3/23/2005
FormNo 200503
FormNo " Field Date (YYYYMM)
First Site Form Recorded for this Site? YES
Site Name (address If none) Monterery House
Other Names
Surveyor Project Name Old School Square
National Register Category Building (s)
Multiple Listing (DHR only)
>>~
Historic Resources Survey Survey#
Street No,
Direction
Street Name
Street Type
Direction Suffix
20
North
Swinton
Avenue
Cross Streets (nearest! between) W. Atlantic Ave. /NW
City I Town (within 3 miles) De1ray Beach
County Palm Beach Tax Parcel #(s)
Subdivision Name Map of Town of Linton
Ownership Private Individual
Name of Public Tract (e.g., park) Old School Square
Route to (especially If no street address)
1 St.
In Current City Limits? YES
12-43-46-16-01-060-0120
Block Lot
USGS 7,5' Map Name
Township: _ Range: _ Section:
Irregular Section Name:
Landgrant
UTM: Zone Easting Northing
Plat or Other Map (map's name, location)
Publication Date
1/4 section:
>>-
>>-
Style Monterey
ExteriorPlan L-shaped
Number of Stories 2
Structural System(s)
Other Structural System(s)
Foundation Type(s)
Other Foundation Types
Foundation Materlal(s)
Other Foundation Material(s)
Exterior Fabric(s)
Other Exterior Fabrlc(s)
Roof Type(s)
Other Roof Type(s)
Roof Material(s)
Other Roof Material(s)
Roof Secondary Structure(s) (dormers etc)
Other Roof Secondary Structure(s)
Number of Chimneys ~
Chimney Material Brick
Other Chimney Material(s) parabolic, brick, chimney stack cap
Chimney Location(s) Pitched roof i interior i ridge
Other Style
Other Exterior Plan
>>
>>
>>
>>-
>>-
>>-
>>-
Page
o f 3
HISTORICAL STRUCTURE FORM
8PB129701
Window Descriptions 6/6 DHS, wood; Casement, wood
Main Entrance Description (stylistic details) The entrance features concrete steps with brick trim and metal
railings,
Porches: #Open ~ #Closed #incised Location(s) east elevation
Porch Roof Types(s) Under eave of main roof and second-story, cantilevered balcony
Exterior Clrnament Exposed rafter tails, exposad joists, polygonal bay, attic vents, frontispiece, cornerboards, wood balustrade
Interior Plan
Condition
Unknown
Excellent
Clther Interior Plan
Structure Surroundings
Commercial: SOME of this category
Residential: SOME of this category
Institutional:
Undeveloped:
Ancillary Features (Number I type of outbuildings, major landscape features) The front yard features mature specimen trees and
foundation plantings,
Archaeological Remains (describe): None
If archaeological remains are present, was an Archaeological Site Form completed? ~
Narrative Description (optional) This building was moved to its present location ca, 1990.
Construction year c1935
Architect (last name first):
Builder (last name first):
Changes in Locations or Conditions
Type of Change
Year of Change
Date Change Noted
Description of Changes
>>
Structure Use History
Use
Year Use Started
Year Use Ended
>>
Clther Structure Uses Offices
Clwnership History (especially original owner, dates, profession, etc.)
Research Methods
>>-
Potentially Eligible for a Local Register? YES
Idlvidually Eligible for National Register? NO
Potential Contributor to NR District? YES
Area(s) of historical significance
Clther Historical Associations Old School Square Historic Arts District
Name of Local Register if Eligible Ci ty 0 f Delray Beach
Explanation of Evaluation (required) This building is a representative example of its architectural style. It
maintains sufficient integrity to convey its local architectural significance and to contribute to
the surrounding historic district.
Page 2 of 3
HISTORICAL STRUCTURE FORM
8PB12970
Photographic Negatives or Other Collections Not Filed with FMSF, Including Field Notes, Plans, other Important Documents.
Document type: Maintaining Organization:
File or Accession #: Descriptive Information:
>>
, Recorder Name (Last, First) Hyland, Mattew; Tuk, Jared
RecorderAddress/Phone 618 East South Street, Orlando, Florida, 32801
407.423.8398
Recorder Affiliation GAl Consul tants - SE
Other Affiliation
Is a Text-Only Supplement File Attached (Surveyor Only)? ~
~
Page 3 of 3
PB12970-200S03
Supplementary Printout
> USGS map name/year of publication or revision:
DELRAY BEACH;1986
> Township/Range/Section/Qtr:
46S ;43E ;17;UNSP
> Structural system(s):
Wood frame
> Foundation types:
Continuous
> Foundation materials:
Concrete Block
> Exterior fabrics:
Weatherboard
> Roof types:
Gable
> Roof materials:
Composition shingles
> Roof secondary structures (dormers etc):
> Change statuslyear changed/date noted/nature:
> Original, intermediate, present useslyear started/year ended:
Private residence;c1935;c1990
> Research methods:
Sanborn maps
Pedestrian
Examine local property records
Library research-local
Plat map
> Area(s) of historical significance:
Architecture
Community planning & development
> Repositories: Collection/Housed/Accession#lDescribe
> [Other name(s)):
Page 1 Of 1
iFlOdda
IV1aster
S. ~
lte -' . ....
!ii! File (6
HISTORICAL STRUCTURE FORM
Electronic Version 1.1.0
Site#8 PB12971
Recorder #
Field Date 3/1/2005
Form Date 3/24/2005
Form No 200503
FormNo = Field Date (VYYYMM)
First Site Form Recorded forthis Site? YES
Site Name (address If none) 24 N. Swinton Ave.
Other Names
Surveyor Project Name Old School Square
National Register Category Building (s)
Multiple Listing (DHR only)
>>~
Historic Resources Survey Survey#
Street No,
Direction
Street Name
Street Type
Direction Suffix
24
North
Swinton
Avenue
Cross Streets (nearest! between) W. Atlantic Ave, /NW
City 1 Town (within 3 miles) Delray Beach
County Palm Beach Tax Parcel #(s)
Subdivision Name Map of Town of Linton
Ownership Private Individual
Name of Public Tract (e.g" park) Old School Square
Route to (especially if no street address)
1 St,
In Current City Limits? YES
12-43-46-16-01-060-0111
Block Lot
USGS 7,5' Map Name
Township: _ Range: _ Section:
Irregular Section Name:
Landgrant
UTM: Zone Easting Northing
Plat or Other Map (map's name, location)
Publication Date
114 section:
>>-
>>-
Style Bungalow
Exterior Plan Rectangular
Number of Stories ---L
Structural System(s)
Other Structural System(s)
Foundation Type(s)
Other Foundation Types
Foundation Material(s)
Other Foundation Material(s)
Exterior Fabric(s)
Other Exterior Fabric(s)
Roof Type(s)
Other Roof Type(s)
Roof Material(s)
Other Roof Material(s)
Roof Secondary Structure(s) (dormers etc)
Other Roof Secondary Structure(s)
Number of Chimneys ---L
Chimney Material Stone
Other Chimney Material(s)
Chimney Location(s) Pitched roof; exterior; eave wall
Other Style
Other Exterior Plan
>>
>>
>>
>>
>>-
>>-
>>-
Page 1 of 3
HISTORICAL STRUCTURE FORM
8PB12971
..
Window Descriptions 4/1 DHS, wood; Fixed sash, wood mullions
Main Entrance Description (stylistic details) A concrete walkway with brick trim leads to tile stoop at side porch.
Masonry work: rough cut rubble with beaded joints.
Porches: #Open _ #Closed...-!...- #incised_ Location(s) west elevation
Porch RoofTypes(s) Under the principal roof
Exterior Ornament ltDee braces, exposed rafter taila. stone piers with tapered posts. segmental arch porch opening, shouldered chimney stac
Interior Plan Unknown
Condition Excellent
Other Interior Plan
Structure Surroundings
Commercial: SOME of this category
Residential: SOME of this category
Institutional:
Undeveloped:
Ancillary Features (Number I type of outbuildings, major landscape features) The front yard features mature specimen trees and
foundation plantings.
Archaeological Remains (describe): None
If archaeological remains are present, was an Archaeological Site Form completed? ~
Narrative Description (optional)
Construction year 192 5
Architect (last name first):
Builder (last name first):
Changes in Locations or Conditions
Type of Change
Year of Change
Date Change Noted
Description of Changes
>>
Structure Use History
Use
Year Use Started
Year Use Ended
>>
Other Structure Uses
Ownership History (especially original owner, dates, profession, etc.)
Research Methods
>>-
Potentially Eligible for a Local Register? YES
Idividually Eligible for National Register? NO
Potential Contributor to NR District? YES
Area(s) of historical significance >>
Other Historical Associations Old School Square Historic Arts District
Name of Local Register if Eligible Ci tyof Delray Beach
Explanation of Evaluation (required) This building is a well-maintained and noteworthy example of its
architectural style, It retains integrity and conveys its architectural merit. It contributes to
the surrounding historic district.
Page 2 of 3
HISTORICAL STRUCTURE FORM
8PB12971
Photographic Negatives or Other Collections Not Filed with FMSF, Including Field Notes, Plans, other Important Documents.
Document type: Maintaining Organization:
File or Accession #: Descriptive Information:
>>
Recorder Name (Last, First) Hyland, Mattew; Tuk, Jared
Recorder Address I Phone 618 East South Street, Orlando, Florida, 32801
407.423.8398
Recorder Affiliation GAl Consul tants - SE
Other Affiliation
Is a Text-Only Supplement File Attached (Surveyor Only)? ~
Page 3 of 3
PB12971-200503
Supplementary Printout
> USGS map name/year of publication or revision:
DELRAY BEACH;1986
> Township/Range/Section/Qtr:
46S ;43E ;17;UNSP
> Structural system(s):
Wood frame
> Foundation types:
Continuous
> Foundation materials:
Concrete Block
> Exterior fabrics:
Stucco
Wood shingles
> Roof types:
Gable
> Roof materials:
Asphalt Shingles
> Roof secondary structures (dormers etc):
> Change status/year changed/date noted/nature:
> Original, intermediate, present useslyear started/year ended:
Private residence;1925;
> Research methods:
Sanborn maps
Pedestrian
Examine local property records
Library research-local
Plat map
> Area(s) of historical significance:
Architecture
Community planning & development
> Repositories: Collection/Housed/Accession#lDescribe
> [Other name(s)]:
The Historic Bungalow
Page 1 Of 1
QS/{
Z;7-r
TO:
DAY!tJ~~ MANAGER
PA.f ~ORLlNG. -~. DIR~TOR Of :LjNNING" AND ZONING
DERRICK COOK, PLANNE~~_
MEETING OF MARCH 20, 2007
CONDITIONAL USE EXTENSION TO ALLOW FOR A RESIDENTIAL
DEVELOPMENT WITH HEIGHT IN EXCESS OF 48' (58'.4"
PROPOSED) AND TO ALLOW FOR A DENSITY IN EXCESS OF 30
UNIT PER ACRE (38,8DUlAC PROPOSED) WITHIN THE CENTRAL
BUSINESS DISTRICT (CBD), FOR THE MIRAFLORES
DEVELOPMENT LOCATED ON THE EAST SIDE OF SE 1ST AVENUE
APPROXIMATELY 76,5' SOUTH OF SE 1ST STREET,
THRU:
FROM:
SUBJECT:
The action requested of the City Commission is that of granting an extension of a conditional
use approval to allow a building height in excess of 48 feet (58"-4" approved) and to allow for a
density in excess of 30 unit per acre (38.8du/ac approved) within the Central Business District
(CBD) for Miraflores, pursuant to LDR Section 2.4.4(F)(1) and (3).
The development proposal incorporates Lots 2-6, Block 78, Town of Linton Plat and is
approximately 1.18 acres. The property is located within the Central Business District (CBD) on
the east side of SE 1 sl Avenue, approximately 76,5' south of SE 1 sl Street.
The Conditional Use request involves the construction of a 46 unit residential development on
the subject property with a maximum height of 58'-4" and a density of 38.8 dwelling units per
acre. More specifically, the development proposal involves the demolition of four (4) single-
family residences, which has already occurred, the construction of two (2) three-story
townhouse structures along SE 1 sl Avenue consisting of 16 townhomes with rear loaded two-car
garages, the construction of a five-story condominium building consisting of 30 units with the
first level of the structure housing a 57 space parking garage with loading area, refuse area, and
entrance lobby to the condominium building, and the construction of a swimming pool/spa,
On February 15, 2005, the proposed development received Conditional Use approval from City
Commission. At its meeting of May 11, 2005, the SPRAB Board unanimously approved a Class
V site plan, landscape plan and architectural elevations. The approved conditional use is valid
for 2 years and expired on February 15, 2007. It is noted that the development proposal was
developed and approved utilizing the Downtown Design Guidelines. Additional background
information and full analysis of the proposal can be found in the attached Planning and Zoning
Board staff report, dated January 26, 2005,
Pursuant to LDR Section 2.4.4(F)(1) (Extensions), extensions may be granted to the previously
approved application pursuant to the following:
q,]
City Commission Documentation - March 20,2007
Miraflores - Conditional Use Extension Request
Page 2
. A written request for an extension must have been received by the City at least forty-five
(45) days prior to the expiration date;
. The letter must set forth the basis and reason for the extension;
. The extension shall be considered by the same body which granted the original
approval;
. The extension, if granted, shall be for eighteen (18) months unless otherwise stated.
LOR Section 2.4.4 includes two categories for extension considerations, LOR Section 2.4.4
(F)(2) "Construction Has Commenced" and LOR Section 2.4.4 (F)(3) "No Construction", This
extension request is subject to LOR Section 2.4.4(F)(3) as no construction has commenced.
LOR Section 2,4,4(F)(3) "No Construction"
Pursuant to LOR Section 2.4.4(F)(3), when the project has not commenced construction, or
construction has not been deemed substantial, the request for extension shall be considered
pursuant to the following:
(a) The project shall be evaluated pursuant to the land development regulations in effect at the
time of consideration of the extension request and shall comply with such current
requirements;
(b) Additional submittal information including a new application and copies of previously
submittal material may be required;
(c) The granting body must make findings pursuant to 2.4.4(8);
(d) The granting body may impose additional conditions of approval pursuant to 2.4.4(C) to
insure compliance with any applicable changes to regulations or changes in circumstances
which have occurred since the previous approval.
The applicant submitted the following statement, regarding the delay with the construction of the
proposed project and in support of the extension request.
"Pursuant to Section 2.4.(F) of the Land Development Regulations of the City of Delray
Beach, Florida ("LOR's'?, this letter is submitted on behalf of our client, Miraflores, LLC
as a written request to the City of Delray Beach ("City'? and its boards and agencies
having jurisdiction for a two (2) year extension of the Conditional Use and Site Plan for
the project known as Miraflores at Delray. These entitlements were granted for property
generally located at 107-135 SE 1st Avenue.
As a courtesy, and not in limitation of further reasons or evidence to be presented at the
appropriate hearings, we would like to enumerate some of the reasons why an extension
for each of the two (2) entitlements should be granted.
First, our client purchased the property in December 2005, almost a year after the prior
owner had obtained the Conditional Use approval. Therefore, our client was at an
extreme disadvantage in meeting the two year requirement to vest the approvals,
Second, the impacts of the past two hurricane seasons, culminating in Hurricane Wilma
and its devastation to the local infrastructure, have delayed the execution of this project.
Among other things, the scarcity of building resources and professionals in the field has
City Commission Documentation - March 20,2007
Miraflores - Conditional Use Extension Request
Page 3
delayed the completion of plans and drawings. Nonetheless, the applicant has continued
to remain diligent in its efforts and has continued to show good faith. . .
. . .Many challenges which have delayed the project arose after our client bought the
property. For example, the City Engineering Department requested that the drainage
design had to be changed. Therefore, the civil drawings were redesigned, which created
a longer review for the platting process, The composite utility plan was revised several
times to meet the specifications of utility providers thus adding to a lengthy process of
getting sign-offs from each utility provider. Working with FPL to decide if our client would
bury the electric underground or move poles took several months. It also took several
months to get an HRS permit in order to process civil plans. Finally, during the Vibro
Compaction of the site, our client had to complete a detail report required by the City to
film and monitor adjacent structures sewer lines, "
Pursuant to LDR Section 2.4.3(F)(3)(a), the project must be evaluated pursuant to the Land
Development Regulations in effect at the time of consideration of the extension request and the
project shall comply with such current requirements. As noted previously, this project was
designed utilizing the Downtown Design Guidelines. As of March 5, 2007, the City Commission
approved new design guidelines for the CBD area that reduced the setback requirements for
developments within the CBD, The new design guidelines simplified the development
requirements for setbacks that allows for greater buildable area. The Miraflores project exceeds
the minimum setback requirements instituted with the new design guidelines, Therefore, the
project meets the current LDR requirements.
Even though there have been changes in the LDR since the time of the original approval, the
new development requirements do not create non-conformities. The original findings of
Concurrency, Future Land Use Map and Comprehensive Plan Consistency and Compliance
with the LDR can be reaffirmed [LDR Article 3.1]. Based on the above, it is reasonable to
grant the extension of the conditional use approval. It is noted, that similar conditional use
and site plan extension requests have been approved for other projects in the CBD District,
such as, Bob Famous Bar, Seagate Hotel, Astor Development, Cityscape, and City Walk.
A, Postpone with direction.
B. Move approval of the request for an extension of the Conditional Use approval for
Miraflores, by adopting the findings of fact and law contained in the staff report, and
finding that the request, and approval thereof, meets criteria set forth in Section
2.4.4(F)(1) & (3) of the Land Development Regulations.
C. Move denial of the request for an extension of the Conditional Use request for
Miraflores, by adopting the findings of fact and law contained in the staff report, and
finding that the request, and approval thereof, does not meet criteria set forth in Section
2.4.4(F)(1) & (3) of the Land Development Regulations.
City Commission Documentation - March 20, 2007
Miraflores - Conditional Use Extension Request
Page 4
Move approval of the request for an extension of the Conditional Use approval for
Miraflores, to allow the rear building within the development to exceed the maximum building
height of 48' (58'-4") and to allow a density in excess of 30 dwelling units per acre (38.8 du/ac),
by adopting the findings of fact and law contained in the staff report, and finding that the
request, and approval thereof, meets criteria set forth in Section 2.4.4(F)(1) & (3) and
Section 3.1.1 of the land Development Regulations, and the policies of the Comprehensive
Plan, said approval to be valid for an additional twenty-four (24) months until February 15,
2009.
Attachments:
· Extension Request Letter
· Planning and Zoning Board Staff Report Dated January 26,2005
WEINER & ARONSON, P ,A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Defray Beach, Florida 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: jmankoff@zonefaw.com
MICHAEL s, WEINER
CAROLEJ,ARONSON
JASON S, MANKOFF
KERRY D. SAFIER
SHAYNA M. REITMAN
OF COUNSEL:
ROBERT MARC SCHWARTZ, PA
Florida Bar BG~rd Certified
Real Estat; j..awyer
January 26, 2007
Via Hand Deliverv
Mr. Paul Dorling
Director of Planning and Zoning
City of Delray Beach
100 N.W. 1st Avenue
Delray Bea:ch, Florida 33444
M, F k-". t:.,. '.. \ "
M .. t .~I,,,"
Re: Request for Extension for Miraflores
Our File No,: ADEV003
JAN 2 6 2007
Dear Paul:
Pursuant to Section 2.4.4(F) of the Land Development Regulations of the City of. Delray
Beach, Florida ("LOR's"), this letter is submitted on behalf of our client, Miraflores, LLC, as a written
request to the City of Delray Beach ("City") and its appropriate boards and agencies having
jurisdiction for a two (2) year extension for the Conditional Use and Site Plan for the project known
as Miraflores at Delray. These entitlements were granted for property generally located at 107- '135
SE 1st Avenue,
As a courtesy, and not in limitation of further reasons or evidence to be presented at the
appropriate hearings, we would like to enumerate some of the reasons why an extension for each of
the two (2) entitlements should be granted.
First, our client purchased the property in December 2005, almost a year after the prior
owner had obtained the Conditional Use. Therefore, our client was at an extreme disadvantage in
meeting the two year requirement to vest the approvals.
Second, the impacts ofthe past two hurricane seasons, culminating in Hurricane Wilma and
its devastation to the local infrastructure, have delayed the execution of this project. Among other
things, the scarcity of building resources and professionals in the field has delayed the completion of
plans and drawings. Nonetheless, the applicant has continued to remain diligent in its efforts and
has continued to show good faith.
With the highly increased construction costs, increased housing costs and slow real estate
market, our client is diligently moving forward to develop this project, which can be seen by the
following timeline:
~ December 2005 - Acquired property from previous owner with entitlements for
Conditional Use and Site Plan; Obtained updated environmental reports.
O:\ADEV003\Letter to Paul Dorling re Extension RequestJan 26, 2007.DOC
January 26, 2007
Page 2 of 3
)> January 12, 2006 - Submitted plat application to the City,
)> February 24, 2006 - Asbestos survey completed on all the existing residential structures.
)> March 14, 2006 - Completed asbestos removal; Submitted demolition and clearing
permits for each property including the four existing residential houses [#06-104656,
#06-104654, #06-104655, #06-104653, #06-104657 (clearing only)].
)> March 21 and 22, 2006 - Received approved demolition and clearing permits from the
City.
)> April 2006 - Demolition and site clearing work completed; Submitted site/civil/landscape
permits to the City (#06-105223).
)> May 2006 - Submitted fence permit to add security to the project site; Resubmitted
revised plans addressing City comments for site permit #06-105223.
)> June 6, 2006 - Plat approved by the City Commission.
)> June 2006 - Fence installation completed.
)> August 2006 - Submitted construction building permits to the City (#06-109264, #06-
109265 and #06-109266).
)> September 2006 - Received approval from the Building Official for Vibro Compaction of
the site; Began Vibro Compaction.
)> . October 2006 - Filed condominium documents with the State.
)> October 2006 - Delay in Vibro Compaction due to tree staggering neighboring property;
Submitted revised tree removal permit to the City.
)> November 2006 - Tree removed with approval from the neighboring owners and City;
Vibro Compaction of the site completed; Received HRS approval.
)> November 13, 2006 - Plat was recorded at the County (Plat Book 108 pages 184-185).
)> January 2007 - In the process of addressing building comments for permits #06-109264,
#06-109265 and #06-109266.
Many challenges which have delayed the project arose after our client bought the property.
For example, the City Engineering Department requested that the drainage design had to be
changed. Therefore, the civil drawings were redesigned, which created a longer review for the
platting process, The composite utility plan was revised several times to meet the specifications of
utility providers thus adding to a lengthy process of getting sign-ofts from each utility provider.
Working with FPL to decide if our client could bury the electric underground or move polls took
several months. It also took several months to get an HRS permit in order to process civil plans.
Finally, during the Vibro Compaction of the site, our client had to complete a detailed report required
by the City to film and monitor adjacent structures and sewer lines.
0:\ADEV003\Letter to Paul Dorling re Extension RequestJan 26, 2007.DOC
January 26, 2007
Page 3 of 3
Therefore, for all these reasons, we respectfully request your support of these extensions.
Our client has continuously acted in good faith to move this project fOlWard.
Enclosed please find a fee in the amount of Five Hundred Eighty Dollars ($580.00) made
payable to the City of Delray Beach. Please let us know all respective dates that these extension
requests will be heard and before which boards. Please place these matters on the next available
agenda.
Thank you very much for your consideration of the foregoing.
Very truly yours,
Jason S. Mankoff
JSM:alv
Enclosure
cc: Mr. Andy Simon (wlo enclosure)
Michael S. Weiner, Esquire (wlo enclosure)
Ms. Ashlee L. Vargo (wlo enclosure)
0:\ADEV003\Letter to Paul Dorling re Extension RequestJan 26, 2007.DOC
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
January 26, 2005
IV. E.
Conditional Use Requests to Allow for a Residential Development with a Height in
Excess of 48' (58'-4" Proposed) and to Allow for a Density in Excess of 30 Units
Per Acre (38,8 du/ac Proposed) within the Central Business District (CBD), for
the First Avenue Townhomes Development (Quasi-Judicial Hearing).
GENERAL DATA:
Owner/Applicant............. 169 Delray, LLC
Agent............................. Weiner & Aronson, P.A.
Location......................... East Side of SE 1st Avenue,
Approximately 76,5' South of SE 1 sl
Street
Property Size................. 1.18 Acres
Future Land Use Map.... Commercial Core
Current Zoning............... Central Business District (CBD)
Adjacent Zoning North: Central Business District (CBD)
South: Central Business District (CBD)
East: Central Business District-Railroad
Corridor (CBD-RC)
West: Old School Square Historic Arts
District (OSSHAD)
Existing Land Use.......... Single-Family Residences
Proposed Land Use....... Residential
Water Service................ Available Via a service lateral
connection to the existing eight
inch (8") water main located within
the SE 1 sl Avenue right-of-way
Sewer Service................ Available via a service lateral
connection to the existing eight
inch (8") sanitary sewer main
located within the adjacent alley to
the east
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.IV. E,
The action before the Board is making a recommendation to the City Commission on the
following requests for conditional use approval pursuant to LOR Section 2.4.5(E):
o To allow an increase to a maximum height of 60' [LOR Section 4.3.4(J) (4) (b)]; and
o To allow a density exceeding 30 units per acre in the Central Business District (CBD)
[LOR Section 4.4.13(0) (15)].
The requests are in conjunction with First Avenue Townhomes, a proposed 46 unit residential
development located on the east side of SE 1 st Avenue, approximately 76.5' south of SE 1 st
Street.
The subject property consists of Lots 2-6, Block 78, Town of Linton Plat and is approximately
1,18 acres. The property is located within the Central Core region of the Central Business
District (CBD) on the east side of SE 1st Avenue, approximately 76.5' south of SE 1st Street and
currently contains four (4) single-family residences that are to be demolished with the
development proposal.
The conditional use requests involve the construction of a 46 unit residential development on
the subject property with a maximum height of 58'-4" and a density of 38,8 dwelling units per
acre. The development proposal incorporates the following:
o Demolition of the four (4) existing single-family residences;
o Construction of two (2) three-story townhouse structures along SE 1st Avenue
consisting of 16 townhomes with rear loaded two-car garages;
o Construction of a five-story condominium building along the alley abutting the east
side of the property consisting of 30 condominiums, The first level of the
condominium building will consist of a 57 space parking garage with loading area,
refuse area, and entrance lobby for the condominium building; and
o Construction ofa swimming pool/spa and two (2) large planters on an elevated deck
between the townhouse and condominium buildings.
The applicant has submitted a development narrative, which describes the development
proposal as follows:
"The proposed residential project includes 46 one, two and three bedroom units with
related amenities. The project sits along SE 1st Avenue, between SE 1st and ~d Streets
in the CBD (Central Business District) zoning district, but directly across the street from
the OSSHAD (Old School Square Historic Arts District) district. In order to harmoniously
coexist with the OSSHAD district, the project has been designed on the Mediterranean
Revival style present in the historic district. Shaped parapets, barrel tile roofs, arched
entrances, stucco exterior, and .arched wing walls are a few of the architectural elements
present in the project. A combination of roof types (gable, hip, shed and flat) also break-
up the continuous faqade along [SE 1st Avenue] to add interest to the project and break-
up the style as required by the Delray Beach Design Guidelines'~
"The project includes three distinctive elements. First, the townhouse type units that sit
along SE 1st Avenue. This portion of the building is kept at three stories in height, with
Planning and Zoning Board Staff Rep'
First Avenue Townhomes - Conditione. .se Requests
Page 2
the objective of matching the required building heights on the OSSHAD district across
the street. The design of the project forfeits the allowable fourth story along [SE 1st
Avenue] in order to be contextual to the OSSHAD district':
"The second element is a five-story condominium structure, which sits directly behind the
townhouse units. These five stories taper down along the building ends, reducing the
building height along the ends to four stories. This is done in an attempt to be contextual
with what can potentially be four-story neighboring buildings. In addition, the fifth story is
broken down three times along the building, in order to further reduce its massing and
scale".
"The third distinctive element of the project is the plaza level, which divides [the] three-
story townhouses [from] the five-story structure. The plaza level includes lush planters
to visually screen the residential units, private terraces, and a pool deck. The pool deck
is accessible from the second floor of the five-story structure. Other building amenities
include an exercise room and a library".
REQUIRED FINDINGS (Chapter 3):
Pursuant to LDR Section 3,1,1 (Required Findings), prior to the approval of development
applications, certain findings must be made in a form which is part of the official record,
This may be achieved through information on the application, the staff report, or
minutes. Findings shall be made by the body, which has the authority to approve or
deny the development application, These findings relate to the following four areas,
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 (FLUM) designation of Commercial Core (CC)
and a zoning designation of CBO, which are consistent with one another. Pursuant to LOR
Section 4.4.13(0) (15), multiple-family dwelling units, excluding duplexes, are permitted through
the conditional use approval process at a density greater than 30 units per acre on property
located south of NE 2nd Street and north of SE 2nd Street, subject to the standards and
limitations of LOR Section 4.4.13(1). As discussed later in this report, positive findings can be
made with respect to the referenced performance standards; thus positive findings can be made
with respect to FLUM consistency,
CONCURRENCY: Facilities which are provided by, or through, the City shall be provided
to new development concurrent with issuance of a Certificate of Occupancy. These
facilities shall be provided pursuant to levels of service established within the
. Comprehensive Plan.
Orainaoe: Preliminary drainage plans indicate that drainage will be accommodated via
exfiltration trench. There are no problems anticipated in accommodating on-site drainage.
Based upon the above, positive findings with respect to this level of service standard can be
made.
Parks and Open Space: The Open Space and Recreation Element of the City's Comprehensive
Plan indicates in its' conclusion that "The City will have sufficient recreation facilities at build-out
to meet the adopted standards". A park impact fee is collected to offset any impacts that the
project may have on the City's recreational facilities. Pursuant to LOR Section 5.3.2, a park
impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for
Planning and Zoning Board Staff Rep'
First Avenue Townhomes - Conditione. se Requests
Page 3
each unit. A total fee of $23,000 will be required of this development for parks and recreation
purposes,
Schools: The Palm Beach County School District must approve the development proposal for
compliance with the adopted Level of Service for School Concurrency. Verification from the
Palm Beach County School District is pending and a written finding of approval from the School
District is attached as a condition of approval.
Solid Waste: The four (4) existing single-family dwellings that are to be demolished generate
7.96 tons of solid waste per year. The proposed 46 residential units will generate 23.92 tons of
solid waste per year (46 units x 0,52 tons = 23,92 tons), thus resulting in an increase of 15.96
tons of solid waste generated per year. The Solid Waste Authority has indicated that its
facilities have sufficient capacity to handle all development proposals till the year 2021, thus a
positive finding with respect to this level of service standard can be made.
Streets and Traffic: The subject property is located within the City's Transportation Concurrency
Exception Area (TCEA), which encompasses the CBD, CBD-RC and OSSHAD. The TCEA
exempts the above-described areas from complying with the Palm Beach County Traffic
Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency
purposes; however a traffic statement is necessary to keep a record of trips approved in the
TCEA and for calculation of traffic impact fees. A traffic statement has been submitted
indicating the generation of 29 AM peak hour trips and 33 new PM peak hour trips.
Water and Sewer: Water service is proposed via a service lateral connection to the existing
eight inch (8") water main located within the SE 1st Avenue right-of-way. Sewer service is
proposed via a service lateral connection to the existing eight inch (8") sanitary sewer main
located within the adjacent alley to the east. Fire protection is proposed to be provided via an
existing fire hydrant located at the northeast corner of SE 1st Avenue and SE 1st Street; however
this hydrant along can not provide adequate fire protection for the development as portions of
the property will be further than 300' from its location [ref.: LOR Section 6.1.10(B) (2) (b)]. Thus,
it is attached as a condition of approval that at least one additional fire hydrant is provided to
serve this development. It is noted that a hydrant may need to be provided along the alley in
order to provide adequate protection to the five-story condominium building.
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 these levels of
service standards, subject to the outlined conditions,
CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and
required findings in LOR Section 2,4.5(E) (5) for the Conditional Use request shall be the
basis upon which a finding of overall consistency is to be made, Other objectives and
policies found in the adopted Comprehensive Plan may be used in making a finding of
overall consistency.
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and
the following applicable objectives and policies that are relevant to the Conditional Use
applications are noted:
Future Land Use Element Obiective A-1: Property shall be developed or redeveloped in a
manner so that the future use and intensity is appropriate and complies in terms of soil,
topographic, and other applicable physical considerations, is complimentary to adjacent
land uses, and fulfills remaining land use needs,
Planning and Zoning Board Staff Rep
First Avenue Townhomes - Condition~ Jse Requests
Page 4
The property is developed and contains four (4) single-family dwellings. There are no special
physical or environmental characteristics of the land that would be negatively impacted by the
proposed residential development. The development has been designed with the height
limitations of the adjacent Old School Square Historic Arts District (OSSHAD) in mind by placing
the three-story townhomes toward the west side of the property and the five-story condominium
building toward the east side of the property. The three-story structures are consistent with the
height limitations of the OSSHAD district and should not overwhelm development within the
district. Additionally, the residential development will be complimentary with nearby commercial
developments and provide a customer base for the businesses on a year-round basis, which will
provide further economic stability for the downtown area.
In terms of fulfilling remaining land use needs, the Housing Element of the Comprehensive Plan
states the following:
"One of the most important objectives of the City's overall housing policy is the
establishment of housing in the downtown area. In the years since adoption of the 1989
Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally
oriented shopping district to a vibrant year-round retail, service, and entertainment area
with an active nightlife. A critical missing element is a significant housing development.
The City recognizes the importance of providing housing in close proximity to shopping,
employment, and transportation, and the need to have a residential base to support the
businesses in the downtown area".
The proposed development will help to fulfill this stated land use need by providing 46 additional
dwelling units within the downtown area, and is therefore consistent with this policy.
Future land Use Element Obiective C-4: The Central Business District (CBO) represents
the essence of what is Oelray Beach i,e. a "village like, community by the sea", The
continued revitalization of the ceo is essential to achieving the overall theme of the
City's Comprehensive Plan of "A City Set Apart In South Florida". The following policies
and activities shall be pursued in the achievement of this objective:
Policy C-4,1: The ceo zoning district regulations shall facilitate and encourage
rehabilitation and revitalization and shall, at a minimum, address the following:
o Deletion of inappropriate uses;
o Incentives for locating retail on the ground floor with office and residential use
on upper floors;
o Accommodating parking needs through innovative actions;
o Incentives for dinner theaters, playhouses, and other family oriented activities;
o Allowing and facilitating outdoor cafes;
o Incentives for mixed use development and rehabilitation;
o Elimination of side yard setback requirements; and
o Allow structural overhang encroachments into required yard areas,
The development proposal consists of the demolition of four (4) nonconforming single-family
dwellings within the CBD and the construction of 46 multiple-family residential dwelling units of
various floor plans and sizes within the downtown area. The residents of these dwellings will be
able to walk to shops, restaurants, cultural venues and parks, They will interact on a regular
basis with the storekeepers and employees, and their neighbors. They will get to know the
downtown much more intimately than the majority of Delray residents. They will become major
participants in, and contributors to, the downtown community. The First Avenue Townhomes
development proposal is consistent with Future Land Use Element Policy C-4.1 as it will
facilitate the continued rehabilitation and revitalization of the CBD zoning district.
Planning and Zoning Board Staff Rep
First Avenue Townhomes - Conditione.. .Jse Requests
Page 5
Transportation Element Policy A-1.3: The City endorses the continued operations of the
Palm Tran Transit System and its operations in Oelray Beach, and through policies of
this Element related to the TCEA, will coordinate with Palm Tran to improve the system,
Given the potential impacts the proposed residential development will have on the surrounding
road network and the location of a Palm Tran bus stop at the southeast corner of SE 151 Avenue
and SE 151 Street (immediately to the north), it is appropriate that the development contribute
toward the provision of a bus shelter at this location. Thus, it is attached as a condition of
approval that a contribution of $7,500 (approximately half the cost of a shelter) is paid prior to
certification of the site plan for the development. Subject to this condition of approval being
addressed, the development will comply with Transportation Element Policy A-1.3.
Transportation Element Policy 0-2,2: Bicycle parking and facilities shall be required on
all new development and redevelopment, Particular emphasis is to be placed on
development within the TCEA Area,
The development proposal has accommodated a bicycle parking facility (Le. bike rack) on site.
While it is anticipated that residents of the development will keep their bicycles within their
garages and/or units, the provision of a bicycle parking facility has been made for guests along
the sidewalk adjacent to the parking garage entrance from SE 151 Avenue. Based upon the
above, 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 infill projects having fewer than 25 units,
This policy may be waived for projects in the downtown because the City recognizes that
households located in the downtown are likely to have fewer children than those located in
suburban settings, Further, land in the downtown is at a premium and it can be cost prohibitive
to provide recreational features such as tennis courts, volleyball courts, etc. and there are other
cultural and recreational opportunities located in the downtown that are not readily available to
residents of suburban apartment complexes. However, the proposed development does
provide some recreational facilities to its residents, such as a swimming pool and an exercise
facility.
Some of the recreational, cultural and open space opportunities located in proximity to the First
Avenue Townhomes development include: Veteran's Park, which includes a large playground
and recreational area; the Municipal Beach, the City's Tennis Center, and the Old School
Square Cultural Center. As playground areas are located close by and other facilities that can
be utilized by children, such as the pool, the intent of this policy will be met. Based on the
above, it is appropriate to waive this requirement to provide these services entirely on site.
Housina Element Obiective B-2: Redevelopment and the development of new land shall
result in the provision of a variety of housing types which shall continue to
accommodate the diverse makeup of the City's demographic profile, and meet the
housing needs identified in this Element. Policies, which will implement this objective,
include:
Housina Element Policy B-2,2: The development of new adult oriented communities
within the City is discouraged. New housing developments shall be designed to
accommodate households having a range of ages, especially families with children, and
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shall be required to provide three (3) and four (4) bedroom units and activity areas for
children ranging from toddlers to teens, This requirement may be waived or modified for
residential development located in the downtown area and for infill projects having fewer
than 25 units,
This project will not be restricted to occupancy by adults only. However, it is acknowledged that
downtown dwellings are not typically occupied by households with children. This complex will
primarily accommodate young and middle-age professionals. The development will provide a
mix of one, two, three and four-bedroom units, Thus, the development proposal meets the
requirements of Housing Element Policy B-2.2,
Housina Element Policy B-2,6: Housing in and near the downtown area, in close
proximity to employment opportunities and services, is a critical need. In order to help
stimulate demand for new housing in and around the Central Business District, the
development of new rental housing projects outside of the TCEA and North Federal
Highway area is discouraged.
The development proposal is consistent with Housing Element Policy B-2.6 as it provides the
desired type of residential development within the CBD.
Housina Obiective A-12: To assist residents of the City in maintaining and enhancing
their neighborhood environment, the City shall take steps to ensure that modifications in
and around the neighborhood do not lead to its decline, such as those described in the
following policies,
Housina Policy A-12,3: In evaluating proposals for new development or redevelopment,
the City shall consider the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation
patterns shall be reviewed in terms of their potential to negatively impact the safety,
habitability and stability of residential areas. If it is determined that a proposed
development will result in a degradation of any neighborhood, the project shall be
modified accordingly or denied,
As noted previously, the residents of this development will aid in the economic stability of the
downtown area. However, the introduction of additional residential dwelling units will also likely
improve the safety of the area by introducing more nighttime activity and more "eyes" to observe
what is happening in the area, which should be a deterrent to criminal activity. While the
development proposal will result in additional 29 AM and 33 PM peak hour trips onto the
surrounding roadway network, the number of daily trips generated will not negatively impact the
area. Based upon the above, the development proposal will be consistent with Housing Policy
A-12.3.
REQUIRED FINDINGS RELATING TO INCREASE IN HEIGHT:
Structures in the CBD may generally be no more than 48' high, unless conditional use approval
is granted to exceed this standard to a maximum of 60'. Height is measured from the crown of
the road to the top of a flat roof, or to the midpoint of a pitched roof. The proposed residential
development has a mixture of flat and pitched roofs with the maximum height measuring 58'-4".
It is noted that the request for the increase in height pertains only to the five-story condominium
structure as the three-story townhouse structure meets the requirements of LOR. Additionally,
the development application was submitted prior to the adoption of the text amendment
(January 4, 2005) pertaining to the creation of a 150' buffer where an increase to the height
limitations could not be requested when adjacent to a zoning district which has a maximum
height limit of 35'.
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Pursuant to LOR Section 4.3,4(J) (4) (b), the City Commission may approve an increase in
height to a maximum height of 60' pursuant to the processing of a conditional use
request and based upon a finding of compliance with each of the enumerated criteria
listed below,
(i) That the structure is to be located in one of the following geographic areas:
(9) Area "I" - all property within the Central Core portion of the CBO (Central
Business District),
The subject property is zoned CSD and is located west of the Intracoastal Waterway.
(ii) That the increase in height will not provide for, nor accommodate, an increase in the
floor area (within the structure) beyond that which could be accommodated by
development which adheres to a height limitation of 48', except for the following
situations:
(1) An increase in intensity is allowed when the increase from 48' to 60' is for the
purpose of accommodating residential use on the top floor of the structure;
however, the increase in intensity is only for the added residential use area;
The proposed structure consists of four (4) levels of residential dwelling units above
a ground floor parking garage. Thus, the requested increase in height is to
accommodate residential uses on the top floor of the structure, which is consistent
with this criterion.
(iii) That the increase in height is based on or will result in one or more of the following:
(1) A demonstrable need that, in order to accommodate the nature of a particular
use or a particular matter or type of construction, a greater than normal space
between floors or height of story is necessary;
(2) That 75% or greater of an area of the ground floor is devoted to parking and
vehicular traffic circulation; or
(3) That for each foot in height above 48', an additional building setback of two
feet (2') is provided from the building setback lines which would be
established for a 48' tall structure. The additional setback is required from all
setback lines.
The development proposal meets criterion #2, above, as approximately 96.9% of the
total ground floor area of the condominium structure has been devoted to parking
and/or vehicular traffic circulation.
A finding of compliance with the enumerated criteria listed above can be made to support the
request to allow the proposed residential structure to exceed the standard 48' height limitation to
a maximum of 58'-4".
LOR Section 4.4.13(1) - Performance Standards: These standards shall apply to all
applications for new development and modification of existing developments which
would result in a density greater than 30 dwelling units per acre in the Central Core,
(1) The maximum permissible density of a particular project will be established through
the conditional use process, based upon the degree to which the development
complies with the performance standards of this section, the required findings of LOR
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Section 2,4,S(E} and other applicable standards of the Comprehensive Plan and Land
Development Regulations, Notwithstanding the above, the approving body may deny
an application for increased density where it is determined that the proposed project
is not compatible in terms of building mass and intensity of use with surrounding
development.
The proposed development consists of 46 residential dwelling units on a 1.18 acre parcel of
land, which results in a density of 38.8 dwelling units per acre, The development is located
in the CBD zoning district, which allows the residential density to exceed 30 units per acre
subject to conditional use approval. The analysis with respect to LOR Section 4.4.13(1) and
other relevant section of the LDR is provided below.
(2) The applicable performance standards for development exceeding 30 units per acre
within the Central Core are as follows:
(a) The development offers variation in design to add interest to the elevations and
relief from the building mass, Building elevations incorporate several of the
following elements: diversity in window and door shapes and locations; features
such as balconies, arches, porches; and design elements such as shutters,
window mullions, quoins, decorative tiles, or similar distinguishing features,
The proposed residential development is consistent with this performance standard.
The townhomes, which front SE 151 Avenue, incorporate several differing window and
door shapes, three (3) differing balcony styles, window mullions, decorative shutters and
variations in roof forms, all of which provide interest to the elevations and offer relief to
the building mass. Based upon the above, the intent of this performance standard has
been achieved.
(b) If the building includes a parking garage as an associated structure or within the
principal building, the garage elevation provides unified design elements with the
main building through the use of similar building materials and color, vertical and
horizontal elements, and architectural style, Development of a portion of the
ground floor perimeter adjacent to street rights-of-way is devoted to window
displays or floor area for active uses such as retail stores, personal and business
service establishments, entertainment, offices, etc., is encouraged,
The development proposal does incorporate a parking garage on the ground level. The
garage is located behind (east of) the town homes and therefore is not visible from SE 1st
Avenue within the exception of the entrance. The side and rear elevations of the parking
garage have been designed with decorative openings consistent with the architecture of
the development as well as with colors and materials compatible with the balance of the
elevations, However, modifications are necessary to fully blend the elevations together.
It is attached as a condition of approval that the openings at the center of the side
elevations are closed and that architectural treatments are provided so that blank walls
are not provided. The openings are consistent with the location of the principle drive
aisle within the parking garage; therefore the opening is a concern with regard to vehicle
headlights shining onto adjacent properties as well as noise. With regard to the rear
elevation, the fifth opening from the south end of the building has not been designed in a
manner consistent with the balance of the rear elevation openings and must be
redesigned. Additionally, the proposal includes metal panel garage and refuse
enclosure doors. The metal doors are inconsistent with the materials on the balance of
the structure and should be replaced with wood doors. Based upon the above and
subject to the conditions of approval being addressed, the intent of this performance
standard has been achieved.
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(c) A number of different unit types, sizes and floor plans are available within the
development. Two and three bedroom units are encouraged, as are a combination
of multi-level units and flats, In projects consisting of more than twelve (12)
dwelling units, the proportion of efficiency or studio type units may not exceed
25% of the total units, There is no maximum percentage established for projects
having twelve (12) or fewer units, however, a mix of unit types and sizes is
encouraged.
The development proposal includes 16 town homes units and 30 condominium units (46
units total). While the townhomes are all three-bedroom dwelling units, the units still
provide the multi-level style desired by this performance standard. The condominiums
provide the desired mix of one, two, three and four-bedroom dwelling units with six (6)
different floor plans.
In total, there are 20 one-bedroom dwelling units ranging in size between 910 and 1,209
square feet; six (6) two-bedroom dwelling units that are 1,694 square feet each; 18
three-bedroom dwelling units ranging in size between 1,516 and 1,717 square feet; and
two (2) four-bedroom dwelling units that are 2,114 square feet each, Based upon the
above, the intent of this performance standard has been achieved..
(d) The project design shall create an overall unified architectural character and
image by the use of common elements between the building(s), parking lot, and
landscaping. Examples of some features that could be incorporated to meet this
standard are: freestanding light poles and exterior light fixtures that are
decorative and consistent with the architectural treatment of the building(s);
pedestrian amenities such as benches, shaded walkways, and decorative
pavement treatment, that are similar in forms, colors, materials, or details as the
architecture of building(s); focal points such as public art, water feature/fountain,
courtyard or public plazas designed to connect different uses along a continuous
pedestrian walkway; or a combination of similar features that meet the intent of
this standard,
The two halves of the development have been designed with a consistent Mediterranean
Revival architectural style. While the parking area of the development is located
beneath the buildings, thus limiting the projects ability to incorporate some of the
suggested features into its design, the project does provide a common landscaping
along SE 1st Avenue. Additionally, the two halves of the development are unified
through the "plaza level", where the town homes and condominium each have access to
the swimming pool and the large raised planters. The "plaza level" provides the
development an internal focal point where the residents will be able to interact with one
another. Based upon the above, the intent of this performance standard has been
achieved.
(e) The development provides common areas and/or amenities for residents such as
swimming pools, exercise rooms, storage rooms or lockers, covered parking,
gardens, courtyards or similar areas and/or amenities.
The development proposal has made provisions for a swimming pool, an exercise room,
a library, and covered parking spaces. Based upon the above, the intent of this
performance standard has been achieved.
(f) The development promotes pedestrian movements by providing convenient
access from the residential units to the public sidewalk system, Pedestrian areas
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adjacent to the building are enhanced by providing additional sidewalk area at the
same level as the abutting public sidewalk. Accessways to parking areas are
designed in a manner that minimizes conflicts between vehicles and pedestrians,
The public street or streets immediately adjacent to the development are
enhanced in a manner that is consistent with the streets cape in the downtown
area (i,e., installation of landscape nodes, extension of existing paver block
system, installation of approved street lighting, etc,),
The townhouse dwelling units fronting on SE 1st Avenue have direct access to the public
sidewalk system from their front doors. The condominium dwelling units will also have
convenient access to the public sidewalk via a paver brick walkway leading from the
parking garage lobby to through the landscape area adjacent the SE 1st Avenue
entrance to the public sidewalk.
The SE 1st Avenue streetscape will be enhanced through the provision of ten (10) on-
street parking spaces with associated landscape nodes, and the installation of a paver
brick sidewalk within the right-of-way. While decorative light poles have been indicated
at the developments SE 1st Avenue entrance, no street lighting has been indicated on
the plans, Light poles and fixtures consistent with those along East Atlantic Avenue
should be installed adjacent to the subject property along SE 1st Avenue where they do
not presently exist and/or to replace inconsistent light poles and fixtures, and is attached
as a condition of approval. Based on the above and subject to the attached condition of
approval being addressed, the intent of this performance standard will be achieved.
(g) The development provides opportunities to share parking, accessways,
driveways, etc., with adjoining properties, or provides additional parking spaces
that may be used by the public,
The development proposal consists of only enough parking to satisfy its own demands;
thus no opportunity is provided to share parking with adjoining properties. However, the
development proposal does provide for ten (10) parking spaces within the SE 1st Avenue
right-of-way, Based upon the above, the intent of this performance standard will be
achieved,
(h) Projects fronting on Atlantic Avenue, NW I SW 5th Avenue, NE 1st Street or SE 1st
Street contain nonresidential uses on the ground floor, At least 75% of the
surface area of the front street wall(s) at the ground floor of each such building is
devoted to display windows and to entrances to commercial uses from outside
the building,
The subject property does not have frontage on Atlantic Avenue, NW I SW 5th Avenue,
NE 1st Street or SE 1st Street. Therefore, the development proposal is not subject to the
above performance standard.
(i) The landscape plan for the development preserves and incorporates existing
native vegetation (where available), provides new landscaping that is in excess of
minimum standards (in height and quantity), demonstrates innovative use of plant
material, improves site design, provides useable open space or public plazas, and
maximizes available areas for pedestrian interaction, If necessary to achieve this
standard, the project may exceed the maximum setback area on the ground floor,
The subject property does not contain any existing native vegetation worthy of
preservation. However, via the use of raised planters, the project does provide
landscaping on the "plaza level" that demonstrates innovative design and are located in
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such a way that each dwelling unit within the development, as well as the common
areas, receives the benefits provided by the landscaping. The "plaza level" also
provides the development an internal focal point where the residents will be able to
interact with one another.
The landscape plan includes the provision of 22 interior shade trees when none are
required and 32 native trees when only 2 are required, Only 382 square feet of native
vegetation is required, however 3,500 square feet of native vegetation is to be provided,
Further, the landscape plan includes the provision of several trees/palms that exceed the
minimum height requirements (Le. 14' Pigeon Plum trees, 16'-18' Green Buttonwood
trees, and 18'-20' Montgomery Palms).
Of the nine (9) performance standards contained in LOR Section 4.4.13(1), the development
proposal complies with six (6) outright and can achieve compliance with two (2) additional
performance standards when the attached conditions of approval are addressed. The
remaining performance standard is not applicable based upon the location of the subject
property. However, given the level of achievement with the performance standards it is
appropriate to grant the requested increase in density, subject to the attached conditions of
approval being addressed.
LOR SECTION 2,4.5(E) - REQUIRED FINDINGS:
Pursuant to LOR Section 2.4.5(E) (5), in addition to provisions of Chapter 3, the City
Commission must make findings that establishing the conditional use will not:
(a) Have a significantly detrimental effect upon the stability of the neighborhood
within which it will be located;
(b) Hinder development or redevelopment of nearby properties.
The following table identifies the zoning designations and uses that are adjacent to the subject
property:
Zonina:
Central Business District (CBD)
Central Business District.(CBD)
Central Business District-Railroad
Corridor (CBD-RC)
Old School Square Historic Arts
District (OSSHAD)
The development proposal will significantly enhance the aesthetics of the subject property
unifying the parcels under a single development. Further, the neighborhood and the downtown
as a whole will benefit by the inclusion of new residential dwelling units.
Use:
West
Vacant
Retail and Office
Retail, Repair and Contractor's
Offices
Single-Family Dwellings
North
South
East
Increase in Heiaht:
The increase in building height over the standard 48' will not be detrimental to the surrounding
neighborhood. As discussed previously, the conditional use for the increase in height only
applies to the five-story condominium building and not the three-story town homes that front SE
1 sl Avenue. The condominium building is set back approximately 69' from SE 1 sl Avenue, thus
the structure will not loom over the adjoining OSSHAD zoned single-family dwellings, which
have a lesser height restriction of 35'. There will not be an adverse impact on the abutting
properties to the north and south as the north and south ends of the building have been stepped
Planning and Zoning Board Staff Rep'
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back leaving a 46'-6" building (50' to top of parapet) abutting the property lines. The properties
to the east will also not be adversely impacted as a similar development scenario would be
possible given the zoning and separation from zoning districts with lesser height requirements,
Increase in Density:
The stability of the downtown area will be significantly enhanced by the addition of the 46
residential dwelling units that will patronize area businesses and contribute to the long term
revitalization of the downtown. They will help to create and sustain a demand for goods and
services within the downtown area, such as clothing stores and food markets, which will
enhance commercial rents and property values.
As discussed previously, the development proposal is located within the TCEA. Traffic in the
downtown area has increased significantly since the mid-1990's when the revitalization began to
take off and it has not at all deterred people from visiting the Central Business District. Stop and
go traffic and congested sidewalks are indicative of successful, healthy downtowns, and tend to
attract more people and greater investment in the area. Trips associated with this residential
development will principally occur during the AM and PM peak hours, and will not be
substantially higher than that of the current uses,
Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(E) (5)
for the conditional requests pertaining to an increase in building height to a maximum of 60'
(58'-4" proposed) and to allow a density in excess of 30 units per acre (38.8 du/ac proposed).
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
In conjunction with the conditional use requests, a site plan in substantial compliance with the
submittal requirements for a site plan application was submitted and has been reviewed by staff.
If the conditional uses are approved, a full site plan submittal complying with LDR Section 2.4.3
will be required, Based upon staffs review of the site plan, the following analysis is provided:
Buildinq Setbacks:
Pursuant to LDR Section 4.4.13(F) (3) (i), building frontage and setbacks for properties fronting
on streets other than Atlantic Avenue or A-1-A shall comply with Table 4.4.13-2 of the LDR.
The development proposal is consistent with the requirements of this table as it pertains to
"Other Rights-of-Way" (SE 1st Avenue).
Parkinq Requirements:
Pursuant to LDR Section 4.4.13(G) (1) (e), the parking requirements for one, two and greater
bedroom dwelling units within a multiple-family structure located within the CBD are to be
provided as follows:
Base Parking:
One-Bedroom:
Two-Bedroom or Greater:
1.25 spaces/ unit
1,75 spaces / unit
0,50 spaces / unit
0.30 spaces / unit
0.20 spaces / unit
Guest Parking:
For the first 20 units
For units 21 - 50
For units 51 and above
The development proposal consists of 46 residential dwelling units, 20 of which are one-
bedroom dwelling units and the remaining 26 are two-bedroom dwelling units or greater. Based
upon the above, the development proposal requires 88.3 (89) parking spaces. The
Planning and Zoning Board Staff Repc
First Avenue Townhomes - Conditiona. de Requests
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development proposal includes the provision of 89 parking spaces; thereby meeting the
requirement.
Compact Parkinq:
Pursuant to LOR Section 4,6,9(C) (1) (g), up to 30% of the required parking for any use may be
designated for compact cars, The development proposal includes 17 compact parking spaces
located within the parking garage. This represents approximately 19.1 % of the total spaces,
thus meeting the requirement.
Handicapped Accessible Parkinq:
Pursuant to LOR Section 4,6.9(C) (1) (b), special parking spaces designed for use by the
handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for
Building Construction. Accessibility for residential structures is covered by the Federal Fair
Housing Act. Pursuant to this act, two percent (2%) of the parking spaces serving the
development must be handicapped accessible and accessible visitor spaces should be provided
at a rate in accordance with the local code. Based upon the 89 parking spaces provided, the
development must provide a minimum of two (2) handicap accessible parking spaces, both of
which have been provided.
On-Street Parkinq:
Although not counted toward meeting the parking requirements for the project, ten (10) public
parking spaces are being provided by the developer within the SE 1st Avenue right-of-way,
Although available to the general public, these spaces should help meet the shorter term
parking requirements of residents and guests of the project. A maximum time limit of two (2)
hours during the daytime should be imposed by the City to prevent long term parking.
Liahtinq:
A photometric plan has been submitted for the development proposal; however it is not
consistent with the requirements of LOR Section 4.6,8 with regard to maximum or average
illumination levels, A photometric plan consistent with the requirements of LOR Section 4.6.8
must be submitted during the site plan review process and is attached as a condition of
approval.
Also, as noted previously, it has been attached as a condition of approval that light poles and
fixtures consistent with those along East Atlantic Avenue are installed adjacent to the subject
property along SE 1st Avenue where they do not presently exist and/or to replace inconsistent
light poles and fixtures.
Dedication of Riahts-of-Wav:
SE 1st Avenue: Pursuant to LOR Section 5.3.1 and the Transportation Element of the City's
Comprehensive Plan, the ultimate right-of-way width for SE 1st Avenue is 60' and only 40' 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 sufficient for this section of SE 1st Avenue. Based upon the above, a dedication of five
feet (5') of right-of-way is required and has been depicted on the proposed development plans.
It is attached as a condition of approval that the dedication of five feet (5') of right-of-way for SE
1st Avenue is made as part of the associated plat for the development.
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Allev: Pursuant to LOR Section 5.3.1 (D) (2), the required width of an alley is 20' or the existing
dominant width, Further, pursuant to LOR Section 5.3.1 (D) (3), additional right-of-way width
may be required to promote public safety and welfare; to provide for storm water management;
to provide adequate area for street trees; and to ensure adequate access, circulation and
parking in high intensity use areas. Such a determination shall be advanced by a
recommendation from the City Engineer, The authority for requiring such additional right-of-way
shall rest with the body having the approval authority of the associated development application.
The currently dedicated alley right-of-way is 16' with a paved width of approximately 14'. The
development proposal will provide back-out parking spaces and garbage pick-up off the alley.
The City Engineer and DSMG have determined that the width of the alley should be expanded
to a width of 20', which is consistent with the widths provided with recent redevelopment
proposals. Therefore, a dedication of two feet (2') from the subject property is required from this
development and has been depicted on the site plan. It is noted that additional pavement east
of the eastern right-of-way line will be required with this development and this has been
attached as a condition of approval.
Plat:
As the development proposal includes the dedication of right-of-way for SE 15t Avenue and the
adjacent alley, as well as the combination of several parcels of land, a plat must be processed
and recorded prior to issuance of a building permit and is attached as a condition of approval.
Community Redevelopment AQencv:
At its meeting of January 13, 2005, the Community Redevelopment Agency (CRA) reviewed the
development proposal and recommended approval of the conditional use requests.
Downtown Development Authoritv:
At its meeting of January 10, 2005, the Downtown Development Authority (DDA) reviewed the
development proposal and recommended approval of the conditional use requests.
Site Plan Review and Appearance Board (SPRAB):
If the conditional use requests are granted, a site plan application addressing the outstanding
technical comments would need to be approval by the SPRAB. Final action on the site plan will
rest with the SPRAB.
Courtesy Notice:
Courtesy notices have been provided to the following homeowner's and/or civic associations
which have requested notice of developments in their areas:
o Delray Beach Chamber of Commerce
o President's Council
o Progressive Residents of Delray (P.R.O.D.)
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property, Letters of support or objection, if any, will be presented at the Planning and Zoning
Board meeting.
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The proposed conditional uses are to allow for a residential structure having a height in excess
of 48' (58'-4" proposed) and to allow for a density in excess of 30 units per acre within the CBD
(38.8 du/ac proposed). As described in this staff report the request for additional height meets
with the criteria established in LDR Section 4.3.4(J) (4) (b), and the increase in density above 30
units per acre is supportable as the project meets the majority of the applicable Performance
Standards found in LDR Section 4.4.13(1) and can meet the balance of the Performance
Standards provided the attached conditions of approval are addressed. The provision of
additional residential dwelling units within the downtown area will further the long term
revitalization and stabilization of the CBD. The proposed use is consistent with the objectives
and policies of the Comprehensive Plan and Chapter 3 of the 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 and density. It is noted that pursuant to LDR Section 4.4.13(1) (1), despite the fact that
the project meets the performance standards, the Board may deny the application for increased
density if the Board does not agree that the proposed changes are compatible in terms of
building mass and intensity of use with surrounding development.
A. Continue with direction.
B. Move a recommendation of approval of the conditional use requests to allow for a building
height in excess of 48' (58'-4") and a density in excess of 30 units per acre (38.8 du/ac) for
First 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), 4.3.4(J) (4) (b),
4.4.13(1), and Chapter 3 of the Land Development Regulations, subject to conditions.
C. Move a recommendation of denial of the conditional use requests to allow for a building
height in excess of 48' (58'-4") and a density in excess of 30 units per acre (38.8 du/ac) for
First 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 Sections 2.4.5(E) (5), 4.3.4(J) (4) (b), 4.4.13(1), and Chapter 3 of
the Land Development Regulations.
By Separate Motions:
o Move a recommendation of approval of the conditional use request to allow for a building
height in excess of 48' (58'-4") for First 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),
4.3.4(J) (4) (b), and Chapter 3 of the Land Development Regulations;
o Move a recommendation of approval of the conditional use request to allow for a density in
excess of 30 units per acre (38.8 du/ac) for First 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), 4.4.13(1), and Chapter 3 of the Land Development Regulations;
Planning and Zoning Board Staff Rep('
First Avenue Townhomes - Conditiona, ..e Requests
Page 16
With said approvals to be subject to the following conditions:
1. That the outstanding technical comments listed in AppendiX "A" are addressed prior
to site plan approval;
2. That the Palm Beach County School District approves the development proposal for
compliance with the adopted Level of Service for School Concurrency and that
written verification of such is provided from the Palm Beach County School District;
3. That at least one additional fire hydrant is provided to serve this development and
meet the separation requirements of LDR Section 6.1,1 O(B) (2) (b);
4. That a contribution of $7,500 (approximately half the cost of a shelter) is paid prior to
certification of the site plan for the development for the provision of a Palm Tran bus
stop shelter at the corner of SE 1 sl Street and SE 1 sl Avenue;
5. That the openings at the center of the side elevations are closed and that
architectural treatments are provided so that blank walls are not provided;
6. That the fifth opening from the south end of the building's rear elevation is designed
in a manner consistent with the balance of the rear elevation openings;
7. That metal panel garage and refuse enclosure doors are replaced with wood doors;
8. That light poles and fixtures consistent with those along East Atlantic Avenue are
installed adjacent to the subject property along SE 1 sl Avenue where they do not
presently exist and/or to replace inconsistent light poles and fixtures;
9. That a photometric plan consistent with the requirements of LDR Section 4.6.8 is
submitted during the site plan review process;
10. That a dedication of five feet (5') of right-of-way for SE 1 sl Avenue is made as part of
the associated plat for the development;
11, That a dedication of two feet (2') of right-of-way for the adjacent alley is made as part
of the associated plat for the development;
12. That additional pavement east of the eastern right-of-way line of the alley is provided;
and
13. That a plat is processed and recorded prior to issuance of a building permit.
Attachments: Appendix "An, Location Map, Site Plan, Floor Plans, Architectural Elevations, and Building Section
Staff Report Prepared by: Robert G. Tefft, Senior Planner
Planning and Zoning Board Staff Repe
First Avenue Townhomes - Conditiona. .;e Requests
Page 17
1. Pursuant to LOR Section 2.4.3(B) (8), depict the approximate locations of aboveground and
underground utilities including water, sewer, drainage, power, gas, telephone, and cable television;
poles and guy wires, transformer boxes, etc. The plan shall also identify the disposition of all such
utilities. The development plans indicate that the existing power poles within the abutting alley will be
relocated; however the final location has not been indicated.
2. Pursuant to LOR Section 2.4.3(B) (14), depict the manner in which all utility services are to be
provided to the site and structures on site.
3. Pursuant to LOR Section 2.4.3(F) (4), provide a composite utility plan that depicts 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
also address the responsibility for relocation of existing services and installation of new services.
4. Pursuant to LOR Section 4.6.9(0) (3) (c) (1), 50' of stacking distance is required between the alley
right-of-way and the first parking space andlor aisleway within the parking garage. A stacking
distance of only eleven feet (11') has been provided.
5. The overall roof plan (sheet A260) depicts the location of the rooftop alc units for 29 of the 30
condominium units, and no alc units for any of the townhomes. The site plan (sheet A 101) does
depict the location of the ground level alc units for the two interior end units, Revise the plans as
necessary to depict the locations of all alc andlor other mechanical equipment proposed. Please be
advised that no such equipment is permissible within the front yards [ref.: LOR Section 4.6,18(B) (14)
(v) (3)].
6. Provide weir as per drainage calculations at Manhole-4.
7. Provide signed and sealed calculations indicating that existing lift station and force main which
collects waste from proposed site has sufficient volumetric and pumping capacity. Also, confirm that
downstream gravity sewer mains have sufficient capacity,
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
EXTENSION REQUEST FOR CONDITIONAL USE APPROVALS GRANTED TO THE
MIRAFLORES DEVELOPMENT FOR HEIGHT AND DENSITY
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 March 20, 2007.
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 Miraflores Development. All of the evidence is a part of the record in this case,
Required findings are made in accordance with LDR Section 2.4.4(F)(1) and (F)(3),
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 No
5, In making a determination under LDR Section 2.4.4(F)(3) the Commission shall
consider the following:
(a) The project shall be evaluated pursuant to the land development regulations in effect
at the time of consideration of the extension request and shall comply with such current
requirements;
(b) Additional submittal information including a new application and copies of previously
submittal material may be required;
(c) The granting body must make findings pursuant to 2.4.4(B);
(d) The granting body may impose additional conditions of approval pursuant to 2.4.4(C)
to insure compliance with any applicable changes to regulations or changes in
circumstances which have occurred since the previous approval.
Have the requirements of Section 2,4,4(F)(3) been met?
Yes 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 _
denies _ the conditional use extension request to allow the previous conditional use
approval to be valid until February 15, 2009. The City Commission hereby adopts this
Order this 20th day of March, 2007, by a vote of
in favor and
opposed,
Jeff Perlman. Mayor
ATTEST:
Chevelle Nubin
City Clerk
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[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
200 'JW "t AVENUE' DELRAY BEACH. FLORIDA 33444
TLLEPIIOi\F 561124.,-70<)0' FACSIMILE: 561/27R-4755
DELRAY BEACH
f L 0 " I U ^
D:e.d
AII.America City
Writer's Direct Line: 561/243-7091
, III J! DATE:
MEMORANDUM
March 16, 2007
1993
2001
FROM:
City Commission
David Harden, City Manager
lL.-.~
Brian Shutt, Assistant City Attorney
TO:
SUBJECT: Aareement ReQardinQ WiFi Services with Delrav Beach WI-FI. Inc.
The attached agreement between the City and Delray Beach WI-FI, Inc, (DB WI-
FI) provides that DB WI-FI shall construct a wi-fi system through out the entire
City. The major terms of the agreement are as follows:
initial term of 10 years with 2 - 5 year renewal terms upon approval of both
parties
- free service for a period not to exceed 2 hours per day for the area 3 blocks
north and south of Atlantic Ave. from 1-95 to the Ocean
- the City will allow DB WI-FI to place its antennae on facilities owned by the
City, however, DB WI-FI shall pay for all electricity and their use of the
facilities shall be non-exclusive
- the City will waive its permit fees, if required
DB WI-FI shall provide 100 free computers up to 200 households reduced
cost for high-speed internet
DB WI-FI shall bear all of the risk of placing its equipment in the City right-
of-way
DB WI-FI shall upgrade its system in order to ensure that its services are
competitive
- the City shall not charge DB WI-FI for the use of its facilities
DB WI-FI would have approximately 240 days to implement Phase I which
is the Atlantic Avenue free service area, provided that no event occur that
delay their progress that is outside of their control, if they miss this time
frame or the other time frames then the City may terminate the agreement
- the agreement may also be terminated by the City or DB WI-FI if 180 days
after the effective date of this Agreement DB WI-FI has not secured the
permits, licenses, easements or other agreements to proceed
g,t
DB WI-FI shall have certain service levels to meet, as provided by Exhibit F
to the Agreement, however, they are given a substantial time period to
correct prior to the City being able to terminate.
DB WI-FI and City staff have had several meetings regarding this Agreement. The
version that is attached is the latest version that was just provided to the City by
DB WI-FI. lIa Feld, the City's outside telecommunications consultant is in the
process of reviewing this document. It is anticipated that there will be quite a few
changes to the Agreement prior to Tuesday's Commission meeting as a
preliminary review has generated numerous comments from City staff and lIa Feld.
If we receive a response from DB WI-FI on our comments, prior to Tuesday's
Commission meeting, the updated agreement will be forwarded to you,
DB WI-FI has insisted that the Agreement be placed on this City Commission
agenda in order to allow them to meet certain deadlines.
Our office requests that this item be placed on the March 20, 2007 City
Commission agenda. Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Joe Safford, Director of Finance
Guy Buzzelli, Chief Information Officer
"
Page 1
~RELESSBROADBANDAGREEMENT
THIS WIRELESS BROADBAND AGREEMENT ("Agreement"), dated for purposes of
identification only this day of , 2007 ("Effective Date") is
entered between the CITY OF DELRA Y BEACH, a municipal corporation ("City") and
DELRA Y BEACH WI-FI, INC ("Delray Beach Wi-Fi").
WHEREAS, City sought proposals through an invitation to Bid ProoessInvitation to
Neeotiate dated October 17.2006 for municipal wireless broadband;
WHEREAS, following evaluation, ATC International, Inc. ("ATC!") was selected as the
most qualified responder;
WHEREAS, ATCI, E-Path Communications, Inc. ("E-Path") or their respective affiliates,
as the current principals of Delray Beach Wi-Fi, desire to provide its Services (as
hereinafter defined), through Delray Beach Wi-Fi, consistent with its proposal made to
the City Commission in the City;
WHEREAS, in connection with the provision of Services hereunder; Delray Beach Wi-Fi
desires to mount, install, operate and maintain certain of its equipment on City towers and
buildings and on streetlights and traffic signal poles owned and controlled by ethefsthird
oarties, in accordance with the terms, provisions and conditions contained in this
Agreement and subject to any agreement with third party owners, if any ("Network");
WHEREAS, City has requested and Delray Beach Wi-Fi intends to provide free
public/private access for high speed Internet access in the Atlantic Avenue corridor which
shall span outdoorsthree (3) blocks north and three (3) blocks south along Atlantic
Avenue from 1-95 to the ocean with free access for all non-business users (the "Free
Service Zone") (cumulative 2 hour access per day for non-business users (the "Free
Service"));
WHEREAS, City recognizes the benefits of a citywide deployment of a wireless
broadband network and Delray Beach Wi-Fi agrees to provide same for the entire City
with the Atlantio Avenue corridorFree Service Zone as the first priority;
WHEREAS, ATCI has established a new and separate entity, Delray Beach Wi-Fi, to
meet the terms and conditions of this Agreement and to accommodate its stockholders
and investors; and
WHEREAS, City desires to have the Services provided by Delray Beach Wi-Fi available
for use by City and its citizens, businesses and guests in accordance with the terms,
provisions, and conditions contained in this Agreement. (Capitalized words will have the
meaning defmed in the attached Exhibit A: Definitions and in the body of this
Agreement. )
FTL:2007993:811
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NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE
PARTIES HERETO AGREE AS SET FORTH ABOVE AND AS FOLLOWS:
1. TERM OF AGREEMENT - The Term of this Agreement shall be for ten (10)
years and will upon approval of City it may be renewed for two additional
renewal terms of five (5) years each (collectively "Term"). In the event both
parties desire to extend the Term, City and Delray Beach Wi-FlFi shall execute a
written extension of this Agreement within one hundred eighty days (180) of the
original term or a renewal term.
2. PLANS AND SPECIFICATIONS-Delray Beach Wi-Fi will obtain from City
approvals of the plans and specifications for the Network prior to any installation
under this Agreement, including without limitation any upgrades or
enhancements, which approval will not be unreasonably withheld, conditioned or
delayed; provided, however, that any review or comment by City shall in no way
relieve Delray Beach Wi-Fi of any duties or obligations set forth in this
Agreement. City will notify Delray Beach Wi-Fi in writing of any objection and
the evidence for such objection within sixty (60) calendar days of Delray Beach
Wi-Fi's submission of any plans or specifications (includilll! exoansions and
uO{!fades to the network), Delray Beach Wi-Fi is not obligated to expend any
funds on the Network until all approvals have occurred and, including without
limitation obtaining all Underlying Rights (collectively the "Approvals") and, if
any Approval is in legal dispute or revoked then Delray Beach Wi-Fi will be
entitled to suspend performance under this Agreement at its option until all
Approvals are reinstated or no longer in legal dispute. If City does not approve
the Plans and Specifications for the Network within sixty (60) calendar days of
delivery to the City, or if all material Approvals necessary for Delrav Beach Wi-
Fi to oerform under this A{!feement are not obtained within ninety (90) calendar
days of such delivery, then Delray Beach Wi-Fi shall be entitled to terminate this
Agreement without any default or any further liability by either Party of any kind.
3, SCHEDULE OF PERFORMANCE-All work to be performed under this
Agreement shall be commenced and completed in accordance with the time
schedule set forth in EXHffiIT "C", entitled Schedule of Performance and
coordinated through the City representative assigned to oversee the City's
obligations under this Agreement.
4. DESCRIPTION OF WORK - During the Term of this Agreement, Delray
Beach Wi-Fi is authorized and required to mount, install, operate, repair and
maintain at Delray Beach Wi-Fi's sole cost and expense, equipment, radios and
antennas, or such other comparable equipment. Subject to City's prior approval
and all applicable Federal, State, and local ordinances, laws and regulations
Delray Beach Wi-Fi may use City owned buildings and towers as such shall be
individually approved by City; provided, however, the use is subject to current
agreements the City has extended with other parties and must not interfere with
FTL:2007993:811
Page 3
public safety. In addition, if required, the City agrees to support Delray Beach
Wi-Fi's need to obtain pole mounting agreements with Palm Beach County,
Florida Power and Light and any other entity with mounting assets required to
deploy a network that meets the necessary standards, For the Term of this
Agreement, Delray Beach Wi-Fi is authorized to use public rights of way owned
by City for access to poles, buildings and towers as individually approved by the
City to which communications equipment is or will be attached pursuant to this
Agreement. Such access shall be twenty-four (24) hours per day, every day,
subject to applicable restrictions and regulations relating to traffic, noise, public
safety and other requirements, City agrees to supportreasonablv COODerate with
Delray Beach Wi-Fi without cost or obliQ:ation to Citv in obtaining all necessary
permissions or permits required to facilitate the installation and maintenance of
radios that require the use of right-of-ways that may be controlled by the County
or State. Upon completion of each task, installation and phase of work to be
performed under this Agreement, Delray Beach Wi-Fi shall promptly restore all
work site areas to a clean and safe condition as described in the Statement of
Work. City will cooperate with Delray Beach Wi-Fi to identify City-owned
assets that may be utilized for the Network. If the City refuses to provide the
necessary rights to City assets in any location without reasonable cause, then
Delray Beach Wi-Fi will not be responsible to include coverage for such affected
location. Delray Beach Wi-Fi's obligations to provide the Network and the
Coverage Level are dependent upon Delray Beach Wi-Fi's obtaining the
Underlying Rights from the City and Delray Beach Wi-Fi obtaining the necessary
approvals from applicable third parties, If Delray Beach Wi-Fi is unable to obtain
the Underlying Rights from third parties, including without limitation any pole
attachment rights from any utility or other third party, then Delray Beach Wi-Fi's
performance obligations will be reduced to the extent the Coverage Level cannot
be obtained for a given location and Delray Beach Wi-Fi will not be in default for
any failure to provide the Coverage Level originally set forth in the Plans and
Specifications. NotwithstandinQ: the foreQ:oinQ:. this Alrreement shall in no wav
limit or interfere with a Dre-existinQ: Drovider's rililits nor the network owned and
oDerated bv the Citv,
5. WORK SCHEDULE DELAYS - If City requests in writing for a delay in
performance of the installation by Delray Beach Wi-Fi and its contractors then
such delay shall not be unreasonable in length and all Milestones and deadlines
shall be extended by the same number of days as the number of days in the delay,
6. CHANGE IN SERVICES. If Delray Beach Wi-Fi intends to reduce services then
City will either, 1) accept the proposed change in service on such terms and
conditions as the parties find mutually agreeable in which case Exhibit BE shall
be revised appropriately and be substituted for the then current version of Exhibit
or 2) require that the Servioes not be reduced below the then-existing service le>.<el
agreemeRtlevels, to the extent not beyond the reasonable control of Delray Beach
Wi-Fi, but rather continue to be provided as contemplated in the then current
version of the Exhibit F (Service Level Agreement) UDon reasonable notice to the
FTL:2007993:8ll
Page 4
City. This Section 6 shall only aDDlv to material chanl!es of service which shall
reauire the consent of the City whose consent shall not be unreasonably withheld.
conditioned. or delayed. Notwithstandinl! the forel!oinl!, Delrav Beach Wi-Fi
shall not be reauired to obtain consent from the City for any nonmaterial chanl!e
of services.
7, AVAILABILITY OF POWER - City and Delray Beach Wi-Fi acknowledge that
the Network requires a 24 hour, reliable source of power, In the instances where
the Network will be mounted on City assets, the City agrees to provide reasonable
access to its power sources in a manner authorized by City where power is
currently available and which will not oause Dekay Beach '.vi Pi to incur
unreasonable expense, Notwithstanding the foregoing, City has no obligation
under this Agreement to provide new power source to Delray Beach Wi-Fi. Ifl:--tfl.e
instances where third party assets lH"e used for mounting radios, the City agrees to
allow Delra)' Beach 'Vi Pi reasonable access to the City's power supplies, as
necessary to make the Network operation viable,
8, SERVICE LEVEL AGREEMENT. City will appoint a person with whom Delray
Beach Wi-Fi will interact with respect to technical, maintenance and service
issues. That person will be responsible to facilitate the deployment raised in with
reSDect to this Agreement. Delray Beach Wi-Fi will provide the name and contact
information for the Droiect manal!er. regular status reports~ and updates to the City
in a manner to be determined,
1) Delray Beach Wi-Fi agrees to make the f..tlantic f..'1enue oorridor from
.^..L^.. to I 95Free Service Zone its priority in designing its deployment plan
and schedule as Der Exhibit "C",
9, MARKETING COOPERATION - Delray Beach Wi-Fi will be responsible for
marketing and administering the operations of the Network. City will cooperate
in marketing, advertising and promotional plans, schedules and materials
regarding the Network in accordanee with DelIa)' Beach 'Vi Pi's mlH"keting plan,
City will appoint a person designated to work with Delray Beach Wi-Fi's
designated marketing coordinator, City agrees to make available space on its web
page; an opportunity to mount pole banners; and cooperation in designing a high
value content for subscribers and visitors to Delra)' Beach 'Hi Pi's splash page.
Delray Beach Vii Pi and City shall work jointly in cooperation to make the public
aware of sar/ices enabled by the .Network to the extent possible under local
ordinances, laws and regulations,
10. PERMITS, - Delray Beach Wi-Fi and City will cooperate and assist each other
in performing the following:
a. Obtain all applicable permits. licenses. and authorizations as are required
for Delray Beach Wi-Fi to comply with applicable laws, regulations and
ordinances!
FTL:2007993:811
Page 5
b. In consideration for the free services orovided to non-business users for a
cumulative two (2) hours ner day in the Free Service Zone subiect to the
restrictions under this AlITeement. the City alITees to waive any and all
nermit fees charl:!ed bv the City in connection with this AlITeement. This
waiver of Dermit fees shall not anDlv to rel:!ulatorv fees or taxes.
11, WORK STANDARDS - Delray Beach Wi-Fi agrees to perform the Services in
accordance with all applicable ordinances, laws and regulations, including all
traffic laws and regulations (including, without limitation, those set forth as
Florida DOT standards) and in accordance with the attached Statement of \Vork,
Plans and Specifications and Schedule of Performance. Delray Beach Wi-Fi will
comply with applicable laws, ordinances and regulations, Delray Beach Wi-Fi
will use commercially reasonable efforts to notify affected residents, property
owners and businesses prior to commencement of work that can be reasonably
anticipated to adversely affect the quiet enjoyment oftheir property. Delray Beach
Wi-Fi acknowledges that City has made no warranties or representations
regarding the fitness, safety, or suitability of any of City's property for the
installation of Delray Beach Wi-Fi's equipment or for this Network and that any
performance of work or costs incurred by Delray Beach Wi-Fi or provision of
Services contemplated under this Agreement by Delray Beach Wi-Fi is at Delray
Beach Wi-Fi's sole risk. Further, Delray Beach Wi-Fi's work under this
Agreement will be fully in compliance with the requirements set forth in Exhibit
G,
12. EMERGENCYIHURRICANE - In order to properly prepare for hurricanes or
other emergencies, Delray Beach Wi-Fi and the City agree to form a working
group at the time of execution of this Agreement that will determine ways in
which, if possible, the Network can be used to support the City's Public Safety
department. If feasible, the Network will utilize the City's alternative energy
sources to ensure that the Network stays operational. The Emergency Vlorking
Group 'Hill establish protocols for training City personnel on ways the City can
utilize the Network in a post hurricane scenario subiect to Drior aDnroval which
may be withheld in the City's sole and absolute discretion.
13. DIGITAL DIVIDE - The City wishes to utilize the Network to reach residents
who may not be able to afford commercial high speed Internet access, Delray
Beach Wi-Fi agrees to work with the City, the City's CRA and interested parties
to establish a model program for the City that includes training (to those receiving
free computers), computers and Internet access (at a minimum of 256K). Delray
Beach Wi-Fi has agreed to provide 100 free computers (Windows OS, 512 MB,
Pentium III) and 200 households free high speed Internet access (at a minimum of
256K) as well as a special rate of $9.99 per month (until December 31, 2008for
no less than one (1) year after activiation with increases thereafter of up to W~%
per annum) for households, with children, that are under the Federal poverty level
(such households shall be chosen by City).
FTL:2007993:811
Page 6
14. REMOVAL OF EQUIPMENT-Unless City and Delray Beach Wi-Fi enter into
an agreement that provides otheIWise, upon the expiration, completion or earlier
termination of the Term of this Agreement, Delray Beach Wi-Fi shall promptly,
safely and carefully remove all radio antennaseauioment installed by Delray
Beach Wi-Fi from all City property and return City property to the condition in
which the property existed immediately prior to Delray Beach Wi-Fi's
installation, Delray Beach Wi-Fi acknowledges and agrees that it bears all risk of
loss or damage of its equipment and materials installed on City property or in
City's public rights of way, except for damages arising from the negligence or
wrongful acts of City or its employees, agents or contractors, The removal will be
according to a mutually agreed schedule over a time period that shall not exceed
six (6) months from the expiration, completion or earlier termination of the Term
of this Agreement.
15. RELOCATION OF NETWORK - City may from time to time require Delray
Beach Wi-Fi to remove or relocate a Network element, and Delray Beach Wi-Fi,
at City's direction, remove or relocate the specified piece of equipment upon a
request from City based on the specific configuration or re-configuration of the
right of way or roads in the right of way, for example a removal or relocation
caused by widening of the road, provided that where a removal or relocation is
required the City '",ill provideshall reasonablv assist to locate a suitable alternative
for Delray Beach Wi-Fi to re-locate the equipment of Delray Beach Wi-Fi. City
shall notify Delray Beach Wi-Fi immediately of any Underlying Rights known to
City related to the City owned assets that may interfere with the Network or
Delray Beach Wi-Fi's obligations in connection with this Agreement. Upon the
expiration, non-recognition or other termination of an Underlying Right of which
the City has been given notice in writing that is necessary in order to grant,
continue or maintain an Underlying Right required for any portion of the Network
or provision of the Services, City will notify Delray Beach Wi-Fi in writing.
16, PAYMENT OF TAXES - Delray Beach Wi-Fi will pay all taxes applicable.
Delray Beach Wi-Fi will pay any and all taxes which may be levied against
De1ray Beach Wi-Fi by any tax authority.
17. INDEPENDENT CONTRACTOR - Delray Beach Wi-Fi, in the performance of
the work and Services agreed to be performed pursuant to this Agreement, shall
act as and be an independent contractor and not an agent or employee of City,
Delray Beach Wi-Fi shall have the discretion to operate the Network as Delray
Beach Wi-Fi determines, in its discretion provided that such operation shall at all
times be in accordance with the requirements of this Agreement.
18, FORCE MAJEURE - Neither Party shall be responsible for any of its obligations
under this Agreement prevented or delayed by reason which are not reasonably
foreseeable---aHd~ not reasonably avoidable, or otheIWise outside the reasonable
control of the Parties. including but not limited to Acts of God, floods, fires,
hurricanes, tornadoes, earthquakes or other unavoidable casualty, acts of public
FTL:2007993:811
Page 7
enemy, insurrection, war, riot, sabotage, act of terrorism. epidemic, strike, freight
embargoes, unusually severe weather conditions, concealed and unknown
conditions below the surface of the ground differing materially from those
ordinarily encountered and generally recognized as inherent in construction work
or which are not reflected on current maps or drawings of underground
conditions, er-Wfongful physical obstruction by any Person at any installation site!
the failure of any third-Darty sUDDlier of l2:oods or services: any law. order.
relrulation. direction. action. or reauest of the United States l2:overnment or of any
l!overnmental. iudicial. relrulatorv, or civil or military authority havinl!
iurisdiction over the Parties: national emerl2:encies: or failure of any common
carrier or third DartV facility ("Force Majeure Event"). The time within which any
obligation must be performed under the terms of this Agreement shall be extended
for a reasonable period to be determined jointly by the City and Delray Beach Wi-
Fi where timely performance is. prevented due to a Force Majeure Event. Delray
Beach Wi-Fi or the City shall promptly notify in writing the other Party of any
Force Majeure event described in this Section and, in such notice, shall indicate
the anticipated extent of such delay and shall indicate whether, and to what extent,
if any, the delayed Party anticipates that such event shall affect the timely
performance of such Party's obligations under this Agreement.
19, ASSIGNABILITY - Neither Party shall have the right to assign or otherwise
transfer this Agreement, in whole or in part, without the prior, written consent of
the other Party which consent shall not be unreasonably withheld, conditioned or
delayed, provided however. that after the Network is operating then Delray Beach
Wi-Fi will be entitled to transfer the Network and its operations to entities in the
future, provided the City determines in its sole and absolutereasonable di~cretion
that the transferee is sufficiently capitalized in order to perform the Services
hereunder and will in the City's selereasonable discretion-wHl be able to promptly
provide services hereunder. Notwithstanding the foregoing, Delray Beach Wi-Fi
may not collaterally assign this Agreement as part of aanv financing arrangement!
or otherwise in connection with a restructurinl2: of Delrav Beach Wi-Fi. without
Citv's consent. This Agreement shall be binding upon and inure to the benefit of
the Parties and their successors and permitted assigns, In addition, Delray Beach
Wi-Fi shall have the right to subcontract Services.
20, INDEMNIFICATION - As respects bodily injury, death, personal injury, or
third-party property damage, Delray Beach Wi-Fi agrees to indemnify, defend,
and hold harmless City, its officials, officers, employees, agents, and
representatives from and against any and all claims, losses, damages, defense
costs, or liability, of any kind or nature (collectively referred to hereinafter as
"Claims"), arising out of or in connection with Delray Beach Wi-Fi's (or Delray
Beach Wi-Fi's contractors' or subcontractors', if any) (i) acts, errors, omissions,
or unsafe acts, or (ii) work performed by, or on behalf of, Delray Beach Wi-Fi,
relative to this Agreement; except for those Claims which arise out of the
negligence or willful misconduct of City. As respects any damage or loss which
does not arise out of bodily injury, death, personal injury, or third-party property
FTL:2007993:811
Page 8
damage, Delray Beach Wi-Fi agrees to indemnify, defend, and hold harmless
City, its officials, officers, employees, agents, and representatives from and
against any and all claims, losses, damages, defense costs, or liability, of any kind
or nature (collectively referred to hereinafter as "Claims"), arising out of or in
connection with Delray Beach Wi-Fi's (or Delray Beach Wi-Fi's contractors' or
subcontractors', if any) negligent or wrongful performance under this Agreement;
except to the extent that such Claims arise out of the negligence of City. The
obligations set forth in this Indemnification provision (i) shall be in effect without
regard to whether or not City, Delray Beach Wi-Fi, or any other person maintains,
or fails to maintain, insurance coverage, or a self-insurance program, for any such
Claims; and (ii) shall survive the termination of this Agreement. Nothing herein
shall prevent Delray Beach Wi-Fi's insurer(s) from satisfying Delray Beach Wi-Fi
's obligations under this Section. This Section shall survive the termination of
this Agreement.
21. OWNERSHIP -Notwithstandin!l anv nrovlslon of this Alrreement or any
attachment. in all circumstances. Delray Beach Wi-Fi shall retain title to the
Network and each device and components thereof. No portion of the Network
shall become a fixture unless Delray Beach Wi-Fi expressly agrees otherwise in
writing. In no event shall City may access and 1:Ise the Net'1lork as described in
the Subscriber .Access ,\groement exeouted by City and Delray Beach ""Vi Fi,
City shall not gain any ownership rights in or to the Network, in whole or in part':"!
nursuant to this Alrreement or otherwise. In no event will City translate, modify,
disassemble, or reverse engineer the Network or create derivative works based on
any portion of the Network or the Design Control Documents or authorize or
permit others to do so, The foregoing in no \-vay limits, restricts or in any way
applies to systems, operations or netv/orks solely for the benefit of City
operationsAlrreement in no way establishes anv ownershin ri!lb.ts in the City's
network.
22, INSURANCE-
Without limiting City's right to indemnification, it is agreed that Delray Beach
Wi-Fi shall secure, prior to commencing any activities under this Agreement, and
maintain, during the term ofthis Agreement, insurance coverage as follows:
Workers' Compensation Insurance as required by State statutes and Employers
Liability in an amount not less than $500,000 per occurrence,
Commercial General Liability Insurance, including coverage for Premises and
Operations, Contractual Liability, Personal Injury Liability, Products/Completed
Operations Liability, and Independent Contractor's Liability (if applicable), in an
amount not less than One Million Dollars ($1.000,000) ner occurrence, Two
Million Dollars ($2,000,000) per occurrence, Fi'/e Million Dollars ($5,000,000)
annual aggregate, written on an occurrence form, provided this coverage may be
maintained by Delray Beach Wi-Fi combining primary and excess policies to
meet these requirements.
FTL:2007993:811
Page 9
Comprehensive Automobile Liability Coverage including - as applicable -
owned, non-owned and hired autos, in an amount not less than FWeOne Million
Dollars ($5,000,0001.000.000) per occurrence, combined single limit, provided
this coverage may be maintained by Delray Beach Wi-Fi combining primary and
excess policies to meet these requirements.
City's Risk Manager is hereby authorized to reduce the requirements set forth
herein in the event he/she determines that such reduction is in City's best interest.
Each insurance policy required by this Agreement shall contain the following
clause or shall otherwise provide for the following conditions: "This insurance
policy shall not be cancelled until after thirty (30) days prior written notice has
been given to the City Clerk, City in the event of cancellation for non-payment of
premium."
Each insurance policy required by this Agreement, except policies for Workers'
Compensation, shall contain the following clauses or shall otherwise provide for
the following conditions:
"It is agreed that insurance provided by this policy shall be primary to, and not
contribute with, any insurance or self-insurance maintained by the City."
"The City its officers, agents, employees, and representatives are added as
additional insureds as respects the acts, omissions, operations, and activities of, or
on behalf of, the named insured, in regard to products supplied, or work or
services performed for, or under an agreement with the City."
Prior to commencing any work under this Agreement, Delray Beach Wi-Fi shall
deliver to City insurance certificates confirming the existence of the insurance
required under this Agreement, including the applicable clauses and/or provisions
referenced above, Also, within thirty (30) days of the execution date of this
Agreement, Delray Beach Wi-Fi shall provide City (i) endorsements to the
insurance policies which add to these policies the applicable clauses referenced
above, or (ii) in lieu of said endorsements, documentation reasonably acceptable
to City evidencing that the coverage, terms, and conditions set forth in the above-
referenced clauses are otherwise provided for in said insurance policies. Said
endorsements shall be signed by an authorized representative of the insurance
company and shall include the signatory's company affiliation and title, Should it
be deemed necessary by City, it shall be Delray Beach Wi-Fi's responsibility to
see that City receives documentation acceptable to City which evidences that the
individual signing said endorsements is indeed authorized to do so by the
insurance company, Insurance required hereunder shall be placed with insurers
(i) admitted to write insurance in the State of Florida and (ii) possessing an A. M
Best's rating of A-VII or higher, or (iii) otherwise acceptable to City, with prior
written permission from City. Also, in the event that (i) a claim is filed against
FTL:2007993:811
Page 10
City, or its officers, employees, agents, or representatives, for which City
believes, in good faith, there may be coverage under an insurance policy required
by this Agreement, and (ii) City has tendered such claim to the insurer that issued
such policy, and (iii) such insurer has not agreed, within ninety (90) days, to cover
such claim, including defense and indemnity, without reservation, then City has
the right to demand of Delray Beach Wi-Fi, and to receive within thirty (30) days,
a copy of such insurance policy,
In addition to other remedies City may have if Delray Beach Wi-Fi fails to
provide or maintain any insurance policies or policy endorsements to the extent
and within the time herein required, City may, at its sole option, order Delray
Beach Wi-Fi to stop work under this Agreement and/or withhold any payment(s)
which become due to Delray Beach Wi-Fi hereunder until Delray Beach Wi-Fi
demonstrates compliance with the requirements hereof,
Exercise of any of the above remedies, however, in addition to other remedies
City may have and is not the exclusive remedy for Delray Beach Wi-Fi's failure
to maintain insurance or secure appropriate endorsements, Delrav Beach Wi-Fi
shall list the City as an additional insured under all of the insurance oolicies
referenced in Section 22 herein,
23. GOVERNING LAW - This Agreement shall be governed by, construed and
enforced in accordance with the laws of the State of Florida, without regard to the
conflict of law provisions thereof, Any action brought relating to the
interpretation or enforcement of this Agreement may be brought in any court
located in Palm Beach County, Florida, unless otherwise required by law,
24. COMPLIANCE WITH LAWS - Delray Beach Wi-Fi will comply with all
applicable laws, ordinances and regulations. City agrees to facilitate the process
of approvals by departments of City so that additional costs or delays do not occur
as set forth in the Service Level Agreement on Exhibit F.
25, APPROVAL - If the approval or consent of any Party is required under this
Agreement, such approval or consent may only be given in writing, and shall not
be unreasonably withheld, conditioned or delayed.
26. MISCELLANEOUS - The failure of a Party at any time or times to require
performance of any provision hereof shall in no manner affect its right at a later
time to enforce the same. No waiver by a Party of any condition or of any breach
of any term, covenant, representation or warranty contained in this Agreement
shall be effective unless in writing, and no waiver in anyone or more instances
shall be deemed to be a further or continuing waiver of any such condition or
breach in other instances or a waiver of any other condition or breach of any other
term, covenant, representation or warranty. The headings preceding the text of
articles and sections included in this Agreement and the headings to schedules
attached to this Agreement are for convenience only and shall not be deemed part
FTL:2007993:811
Page 11
of this Agreement or be given any effect in interpreting this Agreement. Unless
otherwise indicated, words describing the singular number shall include the plural
and vice versa, and words denoting each gender shall include the other gender and
words denoting natural persons shall include corporations and partnerships and
vice versa. The use of the terms "including" or "includes" shall in all cases herein
mean "including, without limitation" or "include, without limitation,"
respectively, Unless otherwise indicated, references to articles, sections,
subsections or schedules shall refer to those portions of this Agreement. This
Agreement shall be construed without regard to any presumption or rule requiring
construction or interpretation against the Party drafting or causing any instrument
to be drafted.
27. Intentionally Deleted.
28. RESERVATION OF RIGHTS - This Agreement grants Delray Beach Wi-Fi the
non-exclusive right to use poles, buildings, towers, other assets identified by the
CityandCitv and rights-of-way owned by City in the manner provided herein, for
the Services utilizing the Network during the Term and to mount approved
devices as set forth in Exhibit D for use in connection with creating and
maintaining the Network for the provision of the Services at the expense of
Delray Beach Wi-Fi.:: In recognition of the considerable [mancial investment
made to service the City, its businesses and residents and its commitment to
provide discounted service to certain low income residents, the City will grant to
Delray Beach Wi-Fi the non-exclusive opportunity to provide the Services,
including, without limitation, InternetJIntranet connectivity; communications and
public safety applications; automated meter reading; automated parking meters
and other applications requested by the City where the utilization of the Network
is beneficial to the City and financially competitive with alternative solutions,
Costs for access to the Network will be negotiated with Delray Beach Wi-Fi at the
time the service is desired or required. City may grant to any other Party during
the Term the right to use of City poles, buildings, towers or other approved
mounting assets for the provision of services competitive with the Services
authorized by this Agreement. In the event City shall not cnterenters into aRY~
subseauent agreement for Services ("Competitive ..^.grccment") with any other
third party providerconcernim! offerinl:!: Wi-Fi services to residents of the Citv
("Comoetitive AQIeemenC) on or after the date hereof that has the effect of
establishing rights or otherwise benefits in a manner more favorable in any
respect (other than for build out) than the rights and benefits established in favor
of Delray Beach Wi-Fi wHessin this AQIeement. then Delray Beach Wi-Fi is
offeredshall have the opportunity as soon as reasonablv oossible to receive such
rights and benefits of such Competitive Agreement. Except as provided herein,
City and Delray Beach Wi-Fi agree that nothing contained in or contemplated by
this Agreement is intended to confer, convey, create or grant to Delray Beach Wi-
Fi any perpetual real property interest in any City property or in any of City's
public rights of way or easements.
FTL:2007993:811
Page 12
29, LIMITATION OF LIABILITY THE Pf.RTIES EXPRESSLY :\GREE TH:\T
DEL~\ Y BEACH WI FI SHALL NOT BE LIABLE TO CITY FOR
INCIDENTi\L, CONSEQUENTL\L, PUNITIVE, OR EXEMPLARY
DAMAGES, REG.^.RDLESS OF '.\THETHER .\DVISED OF, OR OTHERWISE
SHOULD HAVE BEEN AW"\"'1ffi OF, THE POSSIBILITY OF SUCH
DAMAGES, REGf.RDLESS OF THE LEG~\L THEORY OR BASIS FOR
SUCH CLAIM. Delray Beach Vli Fi shall not be liable to City for direct damages
in an amount in excess of the amounts reeeived by Dekay Beach '.vi Fi f-or the
Network during the immediately preceding twelve (12) months, except that this
sentence shall not apply to, or diminish Delray Beach 'Vi Fi's responsibility for,
any bodily injury, death, personal injury, or damage to the property of a person
not a Party to this Agreement, including, without limitation, the injury to, death
of, or personal injury to any person or persons working for, or on behalf of,
Dekay Beach 'Vi Pi or Delra)' Beach 'Hi Fi's contractors or sl:lbcontractors, if
aBy:
29. FREE SERVICE ZONE. City and Dekay Beach Wi-Fi acknowledl!e and alrree
that a condition orecedent for a Person to obtain oassword access necessary to
utilize the Free Service in the Free Service Zone shall be the electronic or written
acknowledl!ement and execution of a user access alrreement in a form and content
oreoared by Dekay Beach Wi-Fi in its sole and absolute discretion. which shall at
a minimum include aoorooriate limitations of liability and indemnification
nrotections for the benefit of Dekay Beach Wi-Fi (the "User Services
Al!feement"). No Person shall be able to utilize the Free Service under this
Al!feement without the acknowledl!ement and execution of a User Services
Al!feement.
30. NO WARRANTIES - THE ONLY WARRANTIES CONCERNING THE
SERVICES, SYSTEM AND OTHER DELIVERABLES PROVIDED UNDER
THIS AGREEMENT ARE THOSE CONTAINED HEREIN, AND ARE MADE
FOR THE BENEFIT OF CITY ONLY IN LIEU OF ALL OTHER
WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR
OTHERWISE. DELRA Y BEACH WI-FI ALSO SPECIFICALLY DISCLAIMS
ANY WARRANTIES OR REPRESENTATIONS RELATED TO THE
INTERNET; SECURITY-RELATED FEATURES OF THE SYSTEM AND/OR
SERVICES CANNOT GUARANTEE COMPLETE SECURITY VIA THE
INTERNET OR WIRELESS SERVICES AND DELRA Y BEACH WI-FI
SHALL NOT BE LIABLE FOR BREACHES OF SUCH SECURITY OR ANY
OTHER RELATED WARRANTIES, EITHER EXPRESSED OR IMPLIED,
INCLUDING WITHOUT LIMITATION, INTERNET FUNCTION AND/OR
PERFORMANCE WARRANTIES, DELRAY BEACH WI-FI SHALL HAVE
NO LIABILITY FOR THE CONDUCT OF SUBSCRIBERS USING OR
ACCESSING THE SYSTEM OR SERVICES.
FTL:2007993:3ll
Page 13
31. CONFIDENTIALITY - The City is bound by the State Public Records Act which
provides for the mandatory disclosure of certain records to the public upon
request. Any disclosure by the City pursuant to the Public Records Act shall be
exempt from the provisions of this paragraph, The City shall not provide any
trade secret that is exempt under the Public Records Act for so long as such
information qualifies as a trade secret under applicable law and for three (3) years
following the termination of this Agreement.
32. NOTICES - Any notice, request, instruction or other document to be given
hereunder by a Party pursuant to this Agreement shall be in writing and shall be
deemed to have been given: (a) when received if given in person or by courier or
a courier service; (b) on the date of transmission if sent by, facsimile, email or
other wire transmission; or (c) three (3) business days after being deposited in the
D.S, mail, certified or registered mail, postage prepaid,
If to City:
City Clerk
with a copy to:
City Manager
If to Delray Beach Wi-Fi:
With a copy to:
or to such other individual or address as a Party may designate for itself by notice
given as herein provided.
33. PRIOR AGREEMENTS AND AMENDMENTS - This Agreement constitutes
the entire agreement between the Parties. Except as set forth herein, there are no
promises, representations or understandings between the Parties of any kind or
nature whatsoever. Modifications to this Agreement shall be valid ifonlv if
Drovided in a seDarate writin2: signed by an authorized personreoresentative of
each Partv.
FTL:2007993:811
Page 14
34. EFFECTIVE DATE AND AUTHORITY - This Agreement shall become
effective as of the Effective Date of this Agreement upon the authorized execution
on behalf of both Parties provided, however, this Agreement shall become
effective only upon acceptance by the City as provided in the City's Charter and if
signed by the Mayor of the City ofDelray Beach.
1. This Agreement and other agreements, easements, permits and leases as
contemplated in the Proposal and this Agreement must be agreed upon by
both the City and Delray Beach Wi-Fi and fully authorized and signed on
paper by both Parties and any other required parties within 90 days after
the date of this Agreement.
11, As of the Effective Date of this Agreement, City is not aware of any court
actions, City Council ordinances or pending actions, civil actions,
challenges, laws, regulations or claims asserted or threatened, that if
successful, would result in Delray Beach Wi-Fi not having all of the rights
to perform as described in this Agreement.
Ifby the day that is 180 days after the Effective Date of this Agreement the above
Conditions are not satisfied in the reasonable judgment of the City of Delray
Beach or Delray Beach Wi-Fi, then either the City of Delray Beach or Delray
Beach Wi-Fi shall be entitled to either terminate all of its obligations hereunder or
continue to work with City or the other parties to complete the Conditions,
provided that at any time thereafter as long as the Conditions are not satisfied then
Delray Beach Wi-Fi or the City of Delray Beach can later elect to terminate,
35. DISPUTE RESOLUTION PROCESS .^...ny dispute between the Parties which
arises during the Tenn of this Agreement and \vhieh the Parties cannot then
resolve, shall be subject to the f{)llo'.Ying administrative remedy priorPrior to
termination of this Agreement or any litigation occurring between the Parties-;~
each Dartv alITees to attemot to resolve their disoute bv mediation. Such
mediation shall not be less than two (2) hours in duration, Such costs of
mediation shall be eaually divided amonQ: Delrav Beach Wi-Fi and the Citv,
A. The Parties shall attempt to resolve any controversy, claim, problem or dispute
arising out of, or related to, this Agreement (a "Dispute") through good faith
consultation in the ordinary COlH'se of business, In the event that the Dispute is
not resolved by the project managers of the Parties, either Party may upon '.vritten
notice to the other Party request that the matter be referred to the senior
management official \vithin each respective organization v:ith express authority to
resolve the Dispute ("Request for Internal Resollitioa"). .^... '."ritten Request for
Internal Resolution shall be gi'/en by either Party within thirty (30) calendar days
of the Party's knowledge that the project managers were unable to resob'e the
Dispute, Senior management offioials shall meet or oonfer at least once ia good
faith, to negotiate a mutually acceptable resolution within thirty (30) business
days of the Request f{)r Internal Resolution, For the purposes of this Section, the
FTL:2007993:811
Page 15
designated project manager or for City shall be ; and for Dekay
Beach Wi Fi shall be . The senior management offioial for City shall
be ; and for Delray Beach Wi Fi shall be . The project managers
and/or senior management officials may be ohanged by notice giyen by the Party
chaRging its persoIHlel.
B. Notice. Project managers and senior management officials are each required to
meet only onoe bl:lt either group may mutually agree to meet more than onoe if it
appears that further meetings may successfully resolve the Dispute. If the Dispute
is not resolved to the mutual satisfaction of the Parties by the project managers or
senior managenlent officials, then either Party may seek remedies deemed
appropriate.
36, SECURITY FOR CITY'S OBLIGATION TO FLORIDA POWER AND LIGHT,
Delray Beach Wi-Fi hereby agrees to provide City with a security bond in the
amount of $50,000 (the "Bond") naming City as a beneficiary to act as security
for any obligations City may owe to Florida Power and Light upon the expiration
of the Term for any costs incurred for the removal of equipment installed by
Delray Beach Wi-Fi pursuant to Section 14 of this Agreement or any other costs
in connection with power or transmission charges in connection with the Services
("Obligations"). City may only draw on the Bond if such Obligations remain
unsatisfied for a period of forty-five (45) days after receipt by Delray Beach Wi-
Fi from City listing such Obligations. Notwithstanding the foregoing, in the event
Delray Beach Wi-Fi or one of its principals of their respective affliates is
authorized to enter into a pole sharing agreement directly with Florida Power and
Light, City shall promptly return the Bond to Delray Beach Wi-Fi and such Bond
shall no longer be a requirement under this Agreement. In the event the
securitv bond exceeds an amount that Delrav Beach Wi-Fi in its sole discretion
determines to be unreasonable in lililit of its business olannin!!. Delrav Beach Wi-
Fi shall have the rililit to terminate this Alrreement.
37. NETWORK UPGRADE. Delray Beach Wi-Fi shall upgrade the Network from
time to time in its sole discretion and at its sole expense in order to take advantage
of technology improvements and to ensure that its service offerings are
competitive in the consumer marketplace. Cisco routinely provides software
upgrades; these will be installed timely by Delray Beach Wi-Fi, System speeds
will be upgraded as necessary for Delray Beach Wi-Fi to be competitive and for
end users to have competitive product offerings. as determined in Delrav Beach
Wi-Fi's sole discretion.
38, RIGHT TO CURE, In the event a oartv under this Alrreement fails to fulfill an
obli!!ation under this Alrreement within the time oeriod otherwise orovided herein
orior to bein!! declared in default under this Alrreement unless otherwise exolicitlv
stated herein. such oartv shall have thirtv (30) davs to fulfill such obli!!ation. or if
such Partv is dili!!entlv oursuin!! a cure of the default. and if such obli!!ation is
unable to be fulfilled within such thirtv (30) dav oeriod. then such Partv shall be
FTL:2007993:811
Page 16
afforded such reasonable additional time to fulfill such oblieation, Such thirtY
(30) day oeriod shall commence uoon receiot of written notice bv the Party
oblieated to oerform under this AlITeement.
[Remainder of Page Left Blank Intentionally.]
FTL:2007993:811
Page 17
IN WITNESS WHEREOF, the Parties acknowledge and accept the
terms, conditions and obligations ofthis Agreement as evidenced by the following
signatures of their duly authorized representatives. It is the intent of the Parties
that this Agreement shall become operative on the Effective Date,
CITY
By:
Name:
Title:
DELRAY BEACH WI-FI, INC.
By:
Name:
Title:
FTL:2007993:811
Page 18
EXHffiITS
EXHIBIT A: Definitions
Defined terms not otherwise defined in this Agreement will have the meanings set forth
below,
a. "Commission" or "City Commission" means the City Council of City.
b. "Deliverable(s)" means the work and result of the implementation,
installation or consulting services that are provided to the City under this
Agreement resulting in a component of the Network or the Services.
c, "Delray Beach Wi-Fi" is a Florida corporation whose majority stockholder
is e-Path Communications, Inc, and whose minority stockholder is ATC
International, Inc.
d, "Design Control Documents" means the documents that describe the
design of the Network and location of devices in the City that is mutually
agreed upon by City and Delray Beach Wi-Fi,
e, "Digital Divide" means the supplying of high speed internet access at a
minimum rate of256K,
f. "Party" means either of City or Delray Beach Wi-Fi,
g, "Parties" means both City and Delray Beach Wi-Fi.
h, "Person" means any individual natural person, firm, partnership, joint
venture, entity, society, organization, club, association, trustee, trust,
corporation, company or organization of any kind,
1. "Services" means the voice, data, broadband, video and mobile
communications and related products and services offered by Delray
Beach Wi-Fi, including those described in any Statement of Work,
including without limitation the Wireless Services made available to
Subscribers, and the consulting, design, installation, implementation and
maintenance services,
J, "Schedule of Performance" means any event described in the Schedule of
Performance Exhibit.
k. "Subscribers" means any Person, including 'lIithout limitation the City,
that subscribes and pays for the Wireless Services provided pursuant to the
Network.
FTL:2DD7993:811
Page 19
1. "Subscriber Access Agreement" means the agreement Delray Beach Wi-Fi
requires Subscribers to accept or agree to in order to access and utilize the
Services via the Network, a form of which is attached as Exhibit H,
m, ''Network'' is defined on the first page of this Agreement, including the
equipment installed by or on behalf of Delray Beach Wi-Fi in the City
used to provide the Services described in this Agreement.
n, "Underlying Rights" means all deeds, leases, easements, rights-of-way
agreements, licenses, franchises, permits, grants and other rights, titles and
interests that are necessary for the construction, installation, maintenance,
operation, use or repair of the Network.
o. "Users" means the individual computers authorized by a Subscriber to
access or use the Wireless Services,
p, "Wireless Services" means the services that enable communication
through a wireless network using the Network without the need for cable
or wire lines connecting the peripheral equipment to the Network.
FTL:2007993:811
Page 20
Exhibit B-Network Description
The Network shall consist of Wireless nodes, a point-to-multipoint fixed wireless
backhaul network, use of dark fiber leased from the City and microwave point-to-point
high capacity backhaullinks and the Delray Beach Wi-Fi backbone POP and Internet
backbone connectivity,
The Wireless layer shall initially be in a point to point and mesh configuration and shall
include up to 30 mesh Wireless router nodes per square mile which shall be compatible
with standard 802,11 big networking devices. Nothing herein shall prevent Delray Beach
Wi-Fi from upgrading the Network to include emerging industry standards and
specifications to meet market demands,
Delray Beach Wi-Fi shall specify use of 200 mW 802,11 big Wi-Fi equipment with 12
dBi high gain directional antenna in order to achieve indoor coverage.
The point to multipoint backhaul connectivity shall include devices that operate in 5,7
GHz, 5.2 GHz, and 900 MHz unlicensed spectrum. Delray Beach Wi-Fi may utilize
devices that operate in other unlicensed or licensed spectrum bands in order to meet the
SLAs in Exhibit F and market demands,
FTL:2007993:811
Page 21
Exhibit C-Schedule of Performance
Delrav Beach Wi-Fi shall undertake its commerciallv reasonable efforts to comnlete the
followinl! activities within the estimated timeframes below:
1) Design, survey, engineering - 90 days following the execution of the finalized
pole mounting agreements with FPL and County.
2) Comnletion of necessary nole attachments to commence services on schedule as
outlined herein - within 90 davs of Effective Date of the Al!feement. or if make readv
work reauired. within 150 davs.
3) Build, activate f.tlantio .A.venue (:\L^. 195) 60the Free Service Zone - 150 days
thereafter. Substantial portions of the City East and West of Atlantic will be completed in
the same time frame subject to extension of all timeframe incorporated herein upon
completion of the design, survey and engineering phase.
~ Build, activate remainder of City east of 195 - 60 days thereafter
4~ Build, activate portion of City that is west of 195 - 60 days thereafter
fJI of the aforementioned timeframes may be may impaoted byNotwithstandinl! the
forel!oinl!. the Parties acknowledl!e that there are several factors that can imnact the
estimated imnlementation timetables set forth above. inc1udinl! all Force Maieure Events
M..listed.jIL S_ectjou.._.18 of the Al!feement. such as electrical supply issues, delay in
equipment deliveries beyond our control, hurricanes, road construction within the CitY-ef",
and the process of obtaining private roof or no Ie attachment rights that may be essential
to the network or any other events listed in Section 18 of this i\greement.. and therefore.
Delrav Beach Wi-Fi shall have no liabilitv under this Al!feement or otherwise for failure
to meet the timetables forth above. and its sole oblil!ation in the case of anv delav in the
imnlementation schedule shall be to use its commerciallv reasonable efforts to comnlete
the build-out within the estimated time-frames or as soon as reasonablv nracticable
thereafter,
Pa~TmeBts by the City to Delroy Beaeh "'i Fi
Wi-Fi Broadband Accounts for Municipal Workers
At the City's option, Delray Beach Wi-Fi shall provide Wi-Fi Broadband accounts to the
City for use by all Municipal Employees and Public Safety personnel to access the
Internet and City private municipal networks. The City shall pay Delray Beach Wi-Fi a
rate, per account per month, for such service that is the lessor of (1) 75% of the lowest
rate being offered by Delray Beach Wi-Fi for commercial customers or (2) $19.95
(through December 31, 2008 with increases of 10% per annum thereafter.
Free Service
FTL:2007993:811
Page 22
Delray Beach Wi-Fi shall offer ad-supported free service for up to 2 hours daily to non-
commercial users in the Free Service Zone as designated in the Agreement. Best
effeftReasonable best efforts will be made to assure that users enjoying free service
receive minimum prescribed speeds of256K and an availability rate of not less 90%. It is
Delray Beach Wi-Fi's intention to provide free users with the same quality and
excellence in user experience and customer supportsuooor as other users.
FTL:2007993:811
Page 23
Note: Final installations have enclosure painted to match the traffic signal or street light pole,
Attachments to "Designer Poles" and in Restricted Area: In those areas of the City that
have unique street light or traffic signal poles or is delineated as a Restricted Area, the
Parties will meet and determine solutions appropriate to each circumstance which may
include a hybrid of the above options; the painting of housings to match existing poles;
creation of new enclosures; and/or location in less visible areas or other solutions
acceptable to the City.
FTL:2007993:811
I I
Page 24
Exhibit F-Service Level Agreements
The Parties shall work together in good faith to develop and agree upon additional service
level agreements as are reasonable and advisable. Such SLAs shall be finalized
following the Proof of Concept Phase and shall be agreed upon and appended to this
Agreement by Delray Beach Wi-Fi and the City-:.
etwork Reliability
esh Layer
etwork Reliability
ackhaul
Broadban
Performance
Address Pool
FTL:2007993:811
90% indoor coverage,
95% outdoor coverage
AsIndoor coveral!e as
measured on ground
floor of building in a
room on outer edge of
building facing the
Access Point utilizing a
12 dBi mgh gain
antenna and 200 mW
CPE radio
e reliability of th
onnection from th
etwork Interfac
evices, such as mesh Wi
i router nodes to Delra
each Wi-Fi certifie
ustomer premise
quipment (CPE)
e reliability of th
onnection from th
etwork Interfac
evices, such as mesh Wi
i router nodes or Point t
ultipoint Tower Access
oint equipment, to th
elray Beach Wi-F"
ystem Facilities,
easure daily and repo
onthly, Tool: Remedy
etwork Managemen
ystem
ot to exceed 4 continuous 0 be defined
ours
D - will determin
. "
Page 25
aintenance
easure daily and repo
onthly.
ustomer Care
IF
r such lower utilizatio ethodology
ate resulting from ARIN's
llocation of IF addresses.
ean Time to Response
ritical <= 3 hours
ajor <= 6 hours
inor <= 24 hours
days advanc
otification for schedule
intenance activity.
o be defined
verage Speed to Answe 80% of all inbound calls to easure daily and repo
ASA) Calls fro Service Provider Tier 1 onthly, Tools: ACD
ubscribers to Service Tie . I be answered Switch Reporting,
1 Agents 180 seconds
Note: All percentages and numbers of performance are subject to acts of God
ReDortim~l Ri2ht to Cure, Unless otherwise sDecified. all Service Levels referenced
above shall be calculated and reoorted on a monthly basis, To the extent Delrav Beach
'Wi-Fi is unable to meet the sDecified Service Level(s) durin!! more than 25% of the
aDDlicable reDortin!! Deriod ("Minimum Performance Threshold"). then Delrav Beach
Wi-Fi shall use its commercially reasonable efforts to cure such deficiency durin!! the
next consecutive reDortin!! Deriod. althou!!h in no event shall such cure Deriod amount to
less than thirty (30) days, If desDite its reasonable efforts, Delrav Beach Wi-Fi is unable
to meet the Minimum Performance Threshold for 3 or more Service Levels for 3
consecutive reDortin!! Deriods. then City may terminate this Aln"eement with no further
obli!!ation. The Service Level obli!!ations of Delrav Beach Wi-Fi. and the rililits of City
In"anted under this Section are fullv subiect to all Force Maieure Events and the
Drovisions of Section 18 of the Aln"eement.
FTL:2007993:811
..,' *". ,
Page 26
Exhibit G - Additional Work and Safety Requirements
This Exhibit G contains minimum requirements and specifications governing use
and occupancy of City's mounting assets or those of third parties.
Delray Beach Wi-Fi's facilities shall be placed and maintained in accordance with
the requirements and specifications of the rules and regulations of the Public Utilities
Commission, including General Order No, 95 (G,O. 95), the National Electrical Code
(NEC), the National Electrical Safety Code (N.E.S.C.), the rules and regulations of the
Occupational Safety and Health Act (OSHA), all of which are incorporated by reference
into this Exhibit G, and of any governing authority having jurisdiction over the subject
matter. Where difference in specifications may exist, the more stringent shall apply,
All requirements of the National Electrical Safety Code referred to in this
Agreement shall mean the current edition of such code and shall include any additional
requirements of any applicable Federal, State, County or Municipal Code or regulatory
body, including the State Public Utilities Commission, with jurisdiction over City.
Reference to either the Safety Code, or to N.E,S.C" have the same meaning,
Upon completion of work, Delray Beach Wi-Fi shall remove all of its tools,
unused materials, wire clippings, cable sheathing and any other similar matter.
All of Delray Beach Wi-Fi's wiring, cables, equipment and facilities shall be
firmly secured and supported to the satisfaction of City's authorized representative or
applicable South Florida Building Code requirements,
All of Delray Beach Wi-Fi's cables, equipment and facilities shall be plainly
identified with a firmly affixed tag of a type and wording satisfactory to City.
Delray Beach Wi-Fi shall require that all its work crews or any of its contractors
and subcontractors:
(i) are familiar with all power line rules, requirements, regulations, standards and
guidelines under G,O. 95 and N,E,S,C.; (ii) survey the area in which work is to be
performed before commencing such work and make a determination that the required
work can be completed safely; (iii) survey the area in which work is to be performed
before commencing work and make a determination that any electrical power lines are in
conformance with G,O. 95 and N.E,S.C,; and (iv) proceed with such work only upon
making such determinations. If the work crew determines that such work cannot proceed
safely, or if such electrical power lines are not in compliance with either G.O. 95 or
N.E.S.C., Delray Beach Wi-Fi shall immediately notify City of such condition, in detail,
and shall not commence work at such location until so directed by City. It is understood
and agreed by Delray Beach Wi-Fi that there is no instance in which it is safe or proper
for a Delray Beach Wi-Fi worker (whether working for or on behalf of Delray Beach Wi-
Fi), or a worker's equipment, to come into contact with the electrical current from an
energized electrical power line. Consequently, any such contaot by Delray Beaeh 'Vi Fi
FTL:2007993:811
~,' I." ...
,
Page 27
(or Delra)' Beach '.vi Pi's employees, agents, representatives, contraotors or
s$contractors, or the employees, agents, or representatives of such contractors or
subcontractors) shall be deemed an unsafe act, or failure to act, under the meaning of this
Agreement.
FTL:2007993:811
oJ<
vl/}
MEMORANDUM
To:
David T. Harden, City Manager
Joseph M. saffori~ce Director
From:
Date:
March 16,2007
Subject:
Commission Approval ofFY2oo7 Utility Tax Bond Issue
The City Commission was presented the documents relative to the proposed FY 2007
Utility Tax Bond issue on March 15, 2007. This consists of a $40,579,575 Utility Tax
Bond (non-taxable) and a $5,000,000 Utility Tax Bond (taxable). We would appreciate
their approval to proceed with these two (2) issues at this point and would appreciate
their decision to either negotiate with a local investment manager or go to a competitive
Internet bid. We have used both methods in the past.
Resj)onse to Ouestions
Our Financial Advisor feels that the market rates are low at this time and that we should
proceed at this time vs. delaying the sale for later. He has stated that he has not seen any
bond issues being impacted with the tax reform debate currently going on in Florida as
yet. He comments that we have a strong bond issue because of our commitment of utility
taxes. The rates should be favorable due to our reputation in the marketplace, our strong
financial condition, and the reputation of our management and staff with the rating
agencies.
The Fed at this time appears to be stalemated in their evaluation of rates. On one hand,
the mortgage market is experiencing difficulties with foreclosures on prior loans which
would tend to be favoring an interest rate reduction from the Fed. On the other hand, the
consumer price indexes are reflecting higher than expected inflationary trends that would
normally be associated with raising the interest rates.
We currently have lines of credit executed to cover the cost of several projects and are
paying interest on these lines of credit. The sooner we provide permanent, long-term
financing, the sooner we can stop these short-term interest payments.
Most, if not all, of these projects are in different stages of design or construction. Of the
total funding requirements, $22.2 million in additional funds are needed to complete the
FY 2004 General Obligation Bond projects promised to our citizens. Unfortunately, we
were impacted by rising land costs, building costs, and equipment costs similar to
increases seen by our residents, These increases stem from property valuation increases,
hurricane activity, global demands for building materials, and supply and demand issues
with contractors. Some of these costs are subsiding at this time but others continue to
nse,
9.D
CITY OF DELRA Y BEACH
PROPOSED UTILITY TAX BOND ISSUE
Original Other Current Current Funding
Budget Sources Funding Budget Needed
Genef8l Obligation Bond Fund (380):
Neighborhood Park - Land 3,375,000 3,375,000 1,334,750 (2,040,250)
Neighborhood Park - Construction 900,000 900,000 1,280,000 380,000
Soccer Complex 2,725,000 2,725,000 3,250,000 525,000
Bexley Park (1) 500,000 500,000 991,975 491,975
Boy Scout Hut Park 350,000 200,000 550,000 696,811 146,811
Lake Ida Park 425,000 300,000 725,000 911,630 186,630
Cornell Park 150,000 150,000 269,200 119,200
Pompey ParklComm Ctr Connection 300,000 300,000 300,000
Beach Park Improvements 75,000 75,000 75,000
Other Park Improvements (1) 200,000 200,000 177 ,870 (22,130)
Western Community Center - Land 800,000 800,000 4,750,000 3,950,000
Western Community Center 3,000,000 3,000,000 10,852,347 7,852,347
Catherine Strong Park 2,000,000 2,000,000 2,035,089 35,089
Swim and Tennis Club Center 700,000 700,000 870,003 170,003
Pompey Park Center Expansion 500,000 500,000 1,300,000 800,000
Old School Square Park and Garage (2) 7,000,000 10,383,005 17,383,005 27,046,505 9,663,500
Library Furnishings 1,000,000 56,643 1,056,643 1,056,643
24,000,000 10,939,648 34,939,648 57,197,823 22,258,175
Genef8l Construction Fund (334):
ESO Building (3) 2,971,900 2,971,900 2,971,900 3,471,900 500,000
City Hall Expansion - Info Tech Bldg, 974,400 974,400 974,400
City Hall Expansion - N. Wing & Chamber 672,000 672,000 672,000
Intracoastal Park, Ramp (4) 1,000,000 1,301,000 1,301,000 2,301,000 1,000,000
Replacement of Fire Station #4 2,723,500 3,700,000 3,700,000
Old School Square Park Improvements 2,700,000 500,000 500,000 2,700,000 2,200,000
Miller Park Improvement 4,500,000 475,000 475,000 6,000,000 5,525,000
15,541,800 5,247,900 5,247,900 19,819,300 14,571,400
Stormwater Fund (448):
Stonn Retention - Aubum Trace 1,000,000 1,000,000
Contingency (based on total project amount 2,750,000
less the Auburn Trace Retention amount)
Total Funding Needed for Construction 40,579,575
Taxable Line of Credit - OSS Pkg Garage (5) 5,000,000 5,000,000 5,000,000 5,000,000
(1) The City has applied for two FROAP grants, Eagle Park ($200,000) and Bexley Park ($200,000). We
will know this spring/summer if we are able to obtain them.
(2) The increase is primarily due to the fact that we anticipated receiving $6,560,000 (16,400 sq ft x
$400/sq ft,). We now anticipate $3,690,000 (16,400 sq ft x $225/sq ft) in proceeds.
(3) The original budget amount of $2,971,900 is accounted for in the Water and Sewer Fund. The
revised budget is $3,471,000. The variance ($500,000) will be accounted for in the General Fund.
(4) Currently in discussion with PBCO with respect to grant participation.
(5) The Taxable Line of Credit will be paid off with sale proceeds from the retail portion of the garage.
Mar 15,2007 11 :12 am Prepared by Public Financial Management
(Finance 5.015 Delray_Beach:UTILITY-2007) Page 1
SOURCES AND USES OF FUNDS
City of Del ray Beach, Florida
Revenue Bonds, Series 2007
20 Year Level Debt Service (principal Begin 2010)
Sources:
Bond Proceeds:
Par Amount
41,265,000.00
41,265,000.00
Uses:
Project Fund Deposits:
Project Fund
40,500,000.00
Delivery Date Expenses:
Cost ofIssuance
Underwriter's Discount
Bond Insurance
Surety Policy
200,000.00
206,325.00
290,153.58
64,273.26
760,751.84
Other Uses of Funds:
Additional Proceeds
4,248.16
41,265,000.00
Mar 15,2007 1 t: 12 am Prepared by Public Financial Management
(Finance 5.015 DelraLBeach:UTILlTY-2007) Page 2
BOND SUMMARY STATISTICS
City of Del ray Beach, Florida
Revenue Bonds, Series 2007
20 Year Level Debt Service (Principal Begin 2010)
Dated Date
Delivery Date
Last Maturity
05/0812007
05/0812007
06/01/2027
Arbitrage Yield
True Interest Cost (TIC)
Net Interest Cost (NIC)
All-In TIC
Average Coupon
4.511940%
4.473087%
4.469989%
4.619547%
4.430609%
Average Life (years)
Duration ofIssue (years)
12.697
9.515
Par Amount
Bond Proceeds
Total Interest
Net Interest
Total Debt Service
Maximum Annual Debt Service
Average Annual Debt Service
41,265,000.00
41,265,000.00
23,213,572.87
23,419,897.87
64,478,572.87
3,378,441.50
3,213,662.78
Underwriter's Fees (per $1000)
Average Takedown
Other Fee
5.000000
Total Underwriter's Discount
5.000000
Bid Price
99.500000
Par Average Average PV ofl bp
Bond Component Value Price Coupon Life change
Serial Maturities 41,265,000.00 100.000 4.431 % 12.697 39,602.05
41,265,000.00 12.697 39,602.05
All-In Arbitrage
TIC TIC Yield
Par Value 41,265,000.00 41,265,000.00 41,265,000.00
+ Accrued Interest
+ Premium (Discount)
- Underwriter's Discount -206,325.00 -206,325.00
- Cost ofIssuance Expense -200,000.00
- Other Amounts -354,426.84 -354,426.84
Target Value 41,058,675.00 40,504,248.16 40,910,573.16
Target Date 05/08/2007 05/08/2007 05/08/2007
Yield 4.473087% 4.619547% 4.511940%
Mar 15, 2007 11:12 am Prepared by Public Financial Management (Finance 5.015 Delray_Beach:UTILITY-2007) Page 3
BOND DEBT SERVICE
City of Delray Beach, Florida
Revenue Bonds, Series 2007
20 Year Level Debt Service (principal Begin 2010)
Period Annual
Ending Principal Coupon Interest Debt Service Debt Service
05/08/2007
12/01/2007 1,017,267.12 1,017,267.12
06/01/2008 902,010.25 902,010.25 1,919,277.37
12/01/2008 902,010.25 902,010.25
06/01/2009 902,010.25 902,010.25 1,804,020.50
12/01/2009 902,010.25 902,010.25
06/01/2010 1,570,000 4.130% 902,010.25 2,472,010.25 3,374,020.50
12/01/2010 869,589.75 869,589.75
06/01/2011 1,635,000 4.130% 869,589.75 2,504,589.75 3,374,179.50
12/01/2011 835,827.00 835,827.00
06/01/2012 1,705,000 4.140% 835,827.00 2,540,827.00 3,376,654.00
12/01/2012 800,533.50 800,533.50
06/01/2013 1,775,000 4.160% 800,533.50 2,575,533.50 3,376,067.00
12/01/2013 763,613.50 763,613.50
06/01/2014 1,850,000 4.180% 763,613.50 2,613,613.50 3,377,227.00
12/01/2014 724,948.50 724,948.50
06/01/2015 1,925,000 4.210% 724,948.50 2,649,948.50 3,374,897.00
12/01/2015 684,427.25 684,427.25
06/01/2016 2,005,000 4.260% 684,427.25 2,689,427.25 3,373,854.50
12/01/2016 641,720.75 641,720.75
06/01/2017 2,095,000 4.300% 641,720.75 2,736,720.75 3,378,441.50
12/01/2017 596,678.25 596,678.25
06/01/2018 2,180,000 4.340% 596,678.25 2,776,678.25 3,373,356.50
12/01/2018 549,372.25 549,372.25
06/01/2019 2,275,000 4.370% 549,372.25 2,824,372.25 3,373,744.50
12/01/2019 499,663.50 499,663.50
06/01/2020 2,375,000 4.400% 499,663.50 2,874,663.50 3,374,327.00
12/01/2020 447,413.50 447,413.50
06/01/2021 2,480,000 4.430% 447,413.50 2,927,413.50 3,374,827.00
12/01/2021 392,481.50 392,481.50
06/01/2022 2,590,000 4.460% 392,481.50 2,982,481.50 3,374,963.00
12/01/2022 334,724.50 334,724.50
06/01/2023 2,705,000 4.480% 334,724.50 3,039,724.50 3,374,449.00
12/01/2023 274,132.50 274,132.50
06/01/2024 2,825,000 4.500% 274,132.50 3,099,132.50 3,373,265.00
12/01/2024 210,570.00 210,570.00
06/01/2025 2,955,000 4.520% 210,570.00 3,165,570.00 3,376,140.00
12/01/2025 143,787.00 143,787.00
06/01/2026 3,090,000 4.540% 143,787.00 3,233,787.00 3,377,574.00
12/01/2026 73,644.00 73,644.00
06/01/2027 3,230,000 4.560% 73,644.00 3,303,644.00 3,377,288.00
41,265,000 23,213,572.87 64,478,572.87 64,478,572.87
Mar 15, 2007 11:12 am Prepared by Public Financial Management
(Finance 5.015 Delray_Beach:UTILlTY-2007) Page 4
Period
Ending
AGGREGATE DEBT SERVICE
City of Del ray Beach, Florida
Revenue Bonds, Series 2007
20 Year Level Debt Service (principal Begin 2010)
Revenue Bonds,
Series 2007
Outstanding
GF Debt
Aggregate
Debt Service
06/01/2007
06/01/2008
06/01/2009
06/01/2010
06/01/2011
06/01/2012
06/01/2013
06/01/2014
06/01/2015
06/01/2016
06/01/2017
06/01/2018
06/01/2019
06/01/2020
06/01/2021
06/01/2022
06/01/2023
06/01/2024
06/01/2025
06/01/2026
06/01/2027
1,919,277.37
1,804,020.50
3,374,020.50
3,374,179.50
3,376,654.00
3,376,067.00
3,377,227.00
3,374,897.00
3,373,854.50
3,378,441.50
3,373,356.50
3,373,744.50
3,374,327.00
3,374,827.00
3,374,963.00
3,374,449.00
3,373,265.00
3,376,140.00
3,377,574.00
3,377,288.00
3,141,813
2,733,695
2,731,703
1,333,441
1,335,331
1,345,402
1,346,839
1,292,877
1,297,557
1,298,599
1,394,200
1,394,287
1,402,160
3,141,813.00
4,652,972.37
4,535,723.50
4,707,461.50
4,709,510.50
4,722,056.00
4,722,906.00
4,670,104.00
4,672,454.00
4,672,453.50
4,772,641.50
4,767,643.50
4,775,904.50
3,374,327.00
3,374,827.00
3,374,963.00
3,374,449.00
3,373,265.00
3,376,140.00
3,377,574.00
3,377,288.00
64,478,572.87
22,047,904
86,526,476.87
Mar 15,2007 11:13 am Prepared by Public Financial Management
(Finance 5.015 DelraLBeach:UTILlTY-2007) Page 1
SOURCES AND USES OF FUNDS
City of Del ray Beach, Florida
Revenue Bonds, Series 2007
20 Year Wrap Debt Service
Sources:
Bond Proceeds:
Par Amount
41,275,000.00
41,275,000.00
Uses:
Project Fund Deposits:
Project Fund
40,500,000.00
Delivery Date Expenses:
Cost ofIssuance
Underwriter's Discount
Bond Insurance
Surety Policy
200,000.00
206,375.00
301,018.26
66,679.94
774,073.20
Other Uses of Funds:
Additional Proceeds
926.80
41,275,000.00
Mar 15, 2007 11: 13 am Prepared by Public Financial Management
(Finance 5.015 DelraLBeach:UTlLITY-2007) Page 2
BOND SUMMARY STATISTICS
City of Del ray Beach, Florida
Revenue Bonds, Series 2007
20 Year Wrap Debt Service
Dated Date
Delivery Date
Last Maturity
05/08/2007
05/08/2007
06/01/2027
Arbitrage Yield
True Interest Cost (TIC)
Net Interest Cost (NIC)
All-In TIC
Average Coupon
4.535569%
4.496225%
4.491131%
4.635625%
4.455241 %
Average Life (years)
Duration of Issue (years)
13.931
10.236
Par Amount
Bond Proceeds
Total Interest
Net Interest
Total Debt Service
Maximum Annual Debt Service
Average Annual Debt Service
41,275,000.00
41,275,000.00
25,617,945.91
25,824,320.91
66,892,945.91
4,255,993.00
3,333,997.03
Underwriter's Fees (per S1000)
Average Takedown
Other Fee
5.000000
Total Underwriter's Discount
5.000000
Bid Price
99.500000
Par Average Average PV of! bp
Bond Component Value Price Coupon Life change
Serial Maturities 41,275,000.00 100.000 4.455% 13 .931 42,555.95
41,275,000.00 13.931 42,555.95
All-In Arbitrage
TIC TIC Yield
Par Value 41,275,000.00 41,275,000.00 41,275,000.00
+ Accrued Interest
+ Premium (Discount)
- Underwriter's Discount -206,375.00 -206,375.00
- Cost of Issuance Expense -200,000.00
- Other Amounts -367,698.20 -367,698.20
Target Value 41,068,625.00 40,500,926.80 40,907,301.80
Target Date 05/08/2007 05/08/2007 05/08/2007
Yield 4.496225% 4.635625% 4.535569%
Mar 15,2007 11:13 am Prepared by Public Financial Management (Finance 5.015 DelraLBeach:UTILITY-2007) Page 3
BOND DEBT SERVICE
City of Del ray Beach, Florida
Revenue Bonds, Series 2007
20 Year Wrap Debt Service
Period Annual
Ending Principal Coupon Interest Debt Service Debt Service
05/08/2007
12/0112007 1,025,872.91 1,025,872.91
06/0112008 909,641.00 909,641.00 1,935,513.91
12/0112008 909,641.00 909,641.00
06/0112009 909,641.00 909,641.00 1,819,282.00
12/0112009 909,641.00 909,641.00
06/0112010 1,100,000 4.130% 909,641.00 2,009,641.00 2,919,282.00
12/0112010 886,926.00 886,926.00
06/0112011 1,145,000 4.130% 886,926.00 2,031,926.00 2,918,852.00
12/0112011 863,281.75 863,281.75
06/0112012 1,185,000 4.140% 863,281.75 2,048,281.75 2,911,563.50
12/0112012 838,752.25 838,752.25
06/0112013 1,230,000 4.160% 838,752.25 2,068,752.25 2,907,504.50
12/0112013 813,168.25 813,168.25
06/0112014 1,335,000 4.180% 813,168.25 2,148,168.25 2,961,336.50
12/0112014 785,266.75 785,266.75
06/0112015 1,385,000 4.210% 785,266.75 2,170,266.75 2,955,533.50
12/0112015 756,112.50 756,112.50
06/0112016 1,445,000 4.260% 756,112.50 2,201,112.50 2,957,225.00
12/0112016 725,334.00 725,334.00
06/0112017 1,410,000 4.300% 725,334.00 2,135,334.00 2,860,668.00
12/0112017 695,019.00 695,019.00
06/0112018 1,470,000 4.340% 695,019.00 2,165,019.00 2,860,038.00
12/0112018 663,120.00 663,120.00
06/0112019 1,525,000 4.370% 663,120.00 2,188,120.00 2,851,240.00
12/0112019 629,798.75 629,798.75
06/0112020 2,995,000 4.400% 629,798.75 3,624,798.75 4,254,597.50
12/0112020 563,908.75 563,908.75
06/0112021 3,125,000 4.430% 563,908.75 3,688,908.75 4,252,817.50
12/0112021 494,690.00 494,690.00
06/0112022 3,265,000 4.460% 494,690.00 3,759,690.00 4,254,380.00
12/0112022 421,880.50 421,880.50
06/0112023 3,410,000 4.480% 421,880.50 3,831,880.50 4,253,761.00
12/0112023 345,496.50 345,496.50
06/0112024 3,565,000 4.500% 345,496.50 3,910,496.50 4,255,993.00
12/0112024 265,284.00 265,284.00
06/0112025 3,725,000 4.520% 265,284.00 3,990,284.00 4,255,568.00
12/0112025 181,099.00 181,099.00
06/0112026 3,890,000 4.540% 181,099.00 4,071,099.00 4,252,198.00
12/0112026 92,796.00 92,796.00
06/0112027 4,070,000 4.560% 92,796.00 4,162,796.00 4,255,592.00
41,275,000 25,617,945.91 66,892,945.91 66,892,945.91
Mar 15, 2007 11: 13 am Prepared by Public Financial Management
(Finance 5.015 DelraLBeach:UTILITY.2007) Page 4
Period
Ending
AGGREGATE DEBT SERVICE
City of Del ray Beach, Florida
Revenue Bonds, Series 2007
20 Year Wrap Debt Service
Revenue Bonds,
Series 2007
Outstanding
GF Debt
Aggregate
Debt Service
06/0112007
06/0112008
06/01/2009
06/01/2010
06/01/2011
06/01/2012
06/0112013
06/0112014
06/0112015
06/0112016
06/0112017
06/0112018
06/0112019
06/0112020
06/0112021
06/0112022
06/0112023
06/0112024
06/0112025
06/0112026
06/0112027
1,935,513.91
1,819,282.00
2,919,282.00
2,918,852.00
2,911,563.50
2,907,504.50
2,961,336.50
2,955,533.50
2,957,225.00
2,860,668.00
2,860,038.00
2,851,240.00
4,254,597.50
4,252,817.50
4,254,380.00
4,253,761.00
4,255,993.00
4,255,568.00
4,252,198.00
4,255,592.00
3,141,813
2,733,695
2,731,703
1,333,441
1,335,331
1,345,402
1,346,839
1,292,877
1,297,557
1,298,599
1,394,200
1,394,287
1,402,160
3,141,813.00
4,669,208.91
4,550,985.00
4,252,723.00
4,254,183.00
4,256,965.50
4,254,343.50
4,254,213.50
4,253,090.50
4,255,824.00
4,254,868.00
4,254,325.00
4,253,400.00
4,254,597.50
4,252,817.50
4,254,380.00
4,253,761.00
4,255,993.00
4,255,568.00
4,252,198.00
4,255,592.00
66,892,945.91
22,047,904
88,940,849.91
a;FM
~ The P~M Group
Lincoln Plaza
Suite 1170
300 S. Orange Avenue
Orlando, FL
32801-3470
407 648-2208 C. ./ /~ 1,
407-648-1323 fax 1?1
www.pfm.com
March 19, 2007
Memorandum
To:
From:
Re:
Rebecca O'Connor, Treasurer
Jay Glover, Public Financial Management
Utilities Tax Revenue Bonds, Series 2007
As financial advisor to the City ofDelray Beach (the 'City''), Public Financial Management (''PFM)
has been asked to address the following issues related to the issuance of the City's Utilities Tax
Revenue Bonds, Series 2007 (the "2007 Bonds'').
1. Timing of the issuance of the 2007 Bonds (borrow now versus borrow later)
2. Competitive versus negotiated sale of the 2007 Bonds
3. Potential property tax refonn and its affect on the 2007 Bonds
Timing- of the Issuance of the 2007 Bonds
As shown on the chart below, municipal bond interest rates have trended downward over the last 5
years and are currendy at their historic lows. As a result it is a very opportune time for
municipalities to borrow funds on a long tenn basis in order to fund capital projects. In fact, based
on today's interest rate environment PFM is projecting that the City could achieve an all in true
interest cost on its 2007 Bonds of approximately 4.55%. Therefore, PFM would recommend
moving forward as quickly as possible to price the 2007 Bonds in order to take advantage of the
current interest rate environment.
Bond Buyer Revenue Bond Index
6.0
5.5
-
~
e...-
~ 5.0
~
4.5
4.0
3/1/02
3/1/03
3/1/04
3/1/05
3/1/06
3/1/07
-Bond Buyer RBI
Additional Information For Item 9.D
~
.
Utilities Tax Revenue Bonds, Series 2007
March 19, 2007
Page 2
Com.petitive versus Negotiated Sale oCthe 2007 Bonds
Municipal bonds can be sold to investors via a competitive sale or a negotiated sale. When using the
competitive sale process, the issuer advertises a specific date that bids to purchase the bonds will be
received and the bidder offering the lowest interest cost to the City is awarded the bonds. In a
negotiated sale, the City would procure underwriter(s) and the interest rates on the bonds are
negotiated with that specific firm. The City has used both methods successfully in the past. In
2002, the City's $15,020,000 Utilities Tax Revenue Refunding Bonds were sold via negotiation with
Bear, Stearns & Co. Inc. In 2004, the City's $14,000,000 General Obligation Bonds were sold via a
competitive sale process and the City received ten (10) bids. Based on the Reports of Independent
Financial Advisor related to the above two transactions (dated December 19,2002 and September
30, 2004) the City's bonds priced comparable to other transactions that were in the market during
the same timeframe. For example, the City's 2004 GO Bonds priced on average 3.6 basis points
higher than the AAA MMD scale (proxy used to compare the pricing performance of municipal
bonds). For comparison purposes, the City of Daytona Beach sold general obligation bonds around
the same timeframe (with a similar credit quality) via negotiated sale and those bonds priced 3.0
basis points over the AAA MM scale. Therefore, we came to the conclusion that the City did not
realize a pricing difference based on the method of sale. The following is a summary of the
advantages and disadvantages of each method of sale (as you will see, the advantages of one method
are similar to the disadvantages of the other):
Advantages of Competitive Sale
· Prices obtained in competitive sales are easier to defend, offers potential bidders equal
opportunity.
· Competitive sales typically have lower gross underwriting spread (or compensation).
· Underwriter takes on all interest rate risk during marketing period
· Easier to delegate pricing and management decisions to the dynamics of the market.
· Doesn't require RFP process.
Disadvantages of Competitive Sale
· No pre-marketing process
· No structuring of syndicate to reach broadest network of buyers,
· Less flexibility in time of sale and in structure.
· Issuer has less control over speed of the transaction and the distribution process.
· No technical support from investment banking firm.
Advantages of Negotiated Sale
· Flexibility in timing of sale and structure of issue.
· Increased dialogue with investors and dealers.
· Easier to comply with new disclosure regulations.
· Effective use of syndicate to reach a variety of buyers.
· Easier to coordinate dealings with dealer community through one lead manager.
· Ability to utilize lead manager's personnel, infrastructure and experience.
.
Utilities Tax Revenue Bonds, Series 2007
March 19, 2007
Page 3
.
Allows you to hire underwriter( s) based on level of financial service.
DisadvanC\ges of Negotiated Sale
· Leaves basis for criticism as to not receiving the best available rates on issues.
· Historically most negotiated sales still have somewhat higher gross underwriting spread than
competitive sales.
· Selection of underwriters requires justification.
· Could generate high level of investment banking lobbying,
· This method of distribution is designed to price securities at a market clearing level. In a bull
market, a competitive bid may produce better short-tenn economics due to dealers' willingness
to inventory securities.
Potential Property Tax Reform and Its Affect on the 2007 Bonds
As you are well aware of, the Legislature and the Governor have proposed a number of concepts
related to local government taxation, some of which could have a dramatic impact on revenue
generation ability at the local level. Some of the proposals are relatively benign and result in one
time cuts or modest impacts on future growth in taxable value (i.e. increase in Homestead
Exemption and Save Our Homes portability). Other proposals are very draconian in that they
would roll back tax revenues to levels from 2001 and limit growth in revenue moving forward. If
enacted, the later proposal would likely create significant budgetary problems and have a negative
impact on local government credit ratings. Regarding the CUttent financing, the City is pledging a
specific revenue stream (utility taxes and communication services taxes). Since the bondholders will
have a first lien on these revenues, there should not be an impact on the credit rating or the pricing
of the 2007 Bonds. In summary, this is a situation that requires close monitoring and could affect
the long term general credit of the City. However, PFM believes based on other transactions we
have recendy completed that it should not have a short term effect on the 2007 Bonds,
c!<
/11
Resolution 23-07
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE
FLORIDA DEPARTMENT OF TRANSPORTATION
CONSIDER ALTERNATIVE DESIGNS TO ALLOW THE
CONSTRUCTION OF A SIDEWALK AS WELL AS
LANDSCAPING BETWEEN THE PROPOSED SIDEWALK
AND EXISTING WALLS LOCATED ALONG STATE ROAD
A1A; PROVIDING AN EFFECTIVE DATE,
WHEREAS, the Florida Department of Transportation (FDOT) will soon be constructing
sidewalks along SR A1A in the City limits of Delray Beach; and
WHEREAS, there are certain properties along SR A1A, in the area where the sidewalks
will be constructed, that have existing walls that abut the property line with landscaping on the
outside of the wall, which extends into the FDOT right-of-way; and
WHEREAS, in certain locations the right-of-way is not wide enough to accommodate the
standard sidewalk width and landscaping; and
WHEREAS, in those locations along the west side of SR A 1 A between Casuarina Road
and Thomas Street, where the new sidewalk is proposed, the City is requesting FDOT consider
alternative designs so the proposed sidewalk can be installed and still have room for
landscaping between the sidewalk and existing walls.
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. The City is requesting that in those locations along the west side of SR A1A
between Casuarina Road and Thomas Street, where the new sidewalk is proposed, that FDOT
consider alternative designs so the proposed sidewalk can be installed and still have room for
landscaping between the sidewalk and existing walls.
Section 3. 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
2007.
MAYOR
ATTEST:
City Clerk
q.[
MEMORANDUM
TO:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER {f!C/\
AGENDA ITEM # q . -f. - REGULAR MEETING OF MARCH 20. 2007
APPOINTMENT TO THE CIVIL SERVICE BOARD
FROM:
DATE:
MARCH 16, 2007
The term for regular member Mr. Larry Zalkin will expire on April 1, 2007. Mr, Zalkin will
have served two (2) full terms and is not eligible for reappointment. This will create a
vacancy for a regular member to serve a two (2) year term ending April 1, 2009.
Mr. Eric Luckman is an alternate member and would like to be considered for regular
membership,
According to the Civil Service Act, there are to be five (5) regular members on the Civil
Service Board; three (3) of which are to be of different vocations or vocational backgrounds,
not employed by the City in any capacity, official or otherwise and appointed by the City
Commission. Eligible City employees elect two (2) regular members, In addition, there are
two (2) alternate members. The appointee need not be a resident, property owner or business
owner within the City,
The following individuals have submitted applications and would like to be considered for
. appointment:
Name
Backeround
Elaine Calabrese
Retired-Principal Clerk/Typist
Diane Franco
SaleslFinancial & Real Estate Investor/Property Management
Sidney Grossman
Retired-Civil Service Employees Association/Law Enforcement
(currently serving on the Public Employees Relations
Commission)
Morris Weintraub
ConstructionIMachinist
A check for code violations and/or municipal liens was conducted. None were found. Voter
registration verification was completed and all are registered.
Based on the rotation system, the appointment will be made by Commissioner Montague
(Seat #4) for one (1) regular member to serve a two (2) year term ending April 1, 2009.
Recommend appointment of one (1) regular member to the Civil Service Board for a two (2)
year term ending April 1, 2009.
07/06
CIVIL SERVICE BOARD
TERM EXPIRES REGULAR MEMBERS CURRENT TELEPHONE
OCCUPATION
07/01/2008 Emily Dobard, Chief Examiner Home: 278-9795
Unexp Appt 06/21/05 210 NW 6th Avenue Educator Office: 278-9795
Reappt 06/20/06 Delray Beach, FL 33444 Cell: 573-2908
04/30/2007 Scott Aronson Office: 243-7286
Elected 04/26/06 Planning Department
City of Delray Beach Parking Management
100 NW 1st Avenue Specialist
Delray Beach, FL 33444
07/01/2008 Kristin Christensen, Vice Chair Office: 939-6776
Appt 06/08/04 777 East Atlantic Avenue Z-155 Vice President-Sales Fax: 330-6422
Reappt 06/20/06 Delray Beach, FL 33483 Cell: 952221-5280
04/30/2007 Jennifer Reynolds Office: 243-7192
Elected 04/27/05 Finance Network Engineer
Re-elected 04/26/06 City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
04/01/2007 Larry Zalkin, Chair Home: 498-0740
Appt 04/15/03 7204 Francisco Bend Drive Financial Advisor Office: 499-7609
Reappt 04/05/05 Delray Beach, FL 33446 Office: 653-6501
ALTERNATES
07/01/2008 Eric Luckman Home: 737-4791
Unexp Appl 10/25/05 821 SW 34th Avenue Attorney Office: 737-3133
Reappt 07/11/06 Boynton Beach, FL 33435 Cell: 436-5414
Fax: 737-5180
04/30/2007 Rodger Ribeiro Office: 243-7256
Elected 04/27/05 Parks & Recreation Recreation
Re-e1ected 04/26/06 City of Delray Beach Superintendent
50 NW 1st Avenue
Delray Beach, FL 33444
Contact: Venice Cobb 243-7056
SICily Clerk/Board 07/Civil Service
DRRAY BEACH
~
........Cily
, III J!
1993
2001
1-}9-06
C le(l) ca.l- ~I-; 1'8
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
2.
r:::
NEL
..Qty
~I((
City
M.I.
1.
3.
4.
City
State
Zip Code
5. Home Phone:
ttot>- 8'.36'
6.
Business Phone:
FaX:
7.
8. List all City Boards on which you are currently serving or have previouslyse~ed: (ple~e include dates)
9.
I
e!jJ# Ve/>t 'fer - Ke+,rpc/
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
con' . t:!Us apfli"n m se forrre upon my part of any appointment I may receive. .
.~ ~~. 1/';;2 /o~
ATURE DATE /'
Note: This application will remain on file in the City Oerk's Office 0 years from the date it was
submitted, It will be the applicant's responsibility to ensure that a curr~. :lRR1i~ation is on file.
J U L l ~ zuU't SlCITYCLERK\BOARDIAPPLlCATION
('lTV r\ FRK
p'
tlai* 1'. tal.",ele
ZI' 11anders 1
Delral} Doell. 11. 33484
PkfJlf~: 561-865-883-5 t:JHaJI:-lailfeJjtl IIfJ@3fJl.tfJlIl
.BeSJllfte
ObjectiVe: To serve the City of Del ray Beach in establishing viable labor/management relations,
April I 977 ~ June 2000:
New Jersey City University - 2039 Kennedy Blvd. Jersey
City. NJ 01302
Principal Clerk-Typist - History and Women's Studies
Duties included aU types of secretarial work; i e. answering
phones~ computer skills; filin~ correspondence; expertise
In maintaining inventory and office equipment; liaison
between faculty and students, supervising a number of
student employees.
Union Activities:
Communications Workers of America,
Local 1031, Branch President at New Jersey City
University 1979-1983; Shop Steward 1983-1998.
Special Training:
Affirmative Action Training sponsored by the State ofNJ -
1980 .
Civil Services Rules and Regulations for NJ sponsored
jointly by the State ofNJ and CW A Local 1 031- 1981
Certifications and Awards:
Affirmative Action Training - 1990
Customer Service Training - .1998
Honorary Alumna - 1980
Employees Suggestion Award - 1980
CW A Certificate of Appreciation - 1988
,.
DElRAY BEACH
. .. 0 f: . . Ill.
* * * * *
1.
f$fIcfl
AI - ---tcaatr
, III I!
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
information:
2.
3.
City State
El-RfJj 8Xf1c# H
Cell Phone:
@ J'i/);)JJ-rl() d '7;;.01/
Are you a registered voter? I rr- If so, here areJ:ou registered?
L:::"....) LfObC. P/?t::C lIVe'/' -EJl1I?I1N&.f.l. CA7jbLlc
7. What Board(s) are you interested in serving? Please list in order of preference:
. II C,Vli.., 'E. ICe" , fV/t)
Zip Code
4. Principal Business Address:
Lf/)O.!3 /,t/. mLf/rf{;c. /JVE-
5. Home Phone:
56!) ;;'7d'~Zfg~
6.
Business Phone:
$6/) d/J. -'//OJ
3j'l'lS
Fax:
8. List all City Boards on which you are currendy serving or have previously served: (please include dates)
..... /11-1::>S CJ F ::bE J. ~11 - VllVc E 'i/l.. E cllfi/(J..
11. Give your present, or most recent employer, and position:
~.io PRo E. 7)J:' Li-C-
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
L:: fi IE..D
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
co . ed in this application may cause forfeiture upon my part of any appointment I may receive.
r'7~ 9 :JPJl'Jb
~'J
Note: 'Ibis application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted It will be the applicant's responsibility to ensure that a current application is on file.
SlCITYCU!Rl'-'BOARDIAPPLICATION
DIANE FRANCO
#12. In addition to raising and supporting my two sons as a widow in South Florida during
the 1980's and 1990 selling advertising for a local Delray weekly newspaper, I had the
opportunity to be employed in several positions that honed my interpersonal sales skills.
During the past 5 years I have concentrated my efforts both as an investor in both the financial
markets as well as the local real estate market, acquiring, developing and presently manage
several residential and commercial projects in the City of Delray Beach.
DELRAY BEACH
.. l 0 . lOA
?J -1,-1) c;
*****
ffiir
1993
2001
CITY OF DELRAY BEACH "D
BOARD MEMBER APPLICATIBJqGEIVE
MAR - 9 2001
CITY CLERK
Please or rint the followin information:
1. Last Name: G R D 5 S M,4;J
2. Home Address:
2.1,. (JOI,v17t
3. Legal Residence:
AS ,4 (}butt
4. Principal Business Address: ;J h
~ GA: L Q u!..t?-
j4-f'T
sP2-.
'Name
SIOt/(l
Ci
3'rzL~4
City
t)/lAc-
MI.
----
State Zip Code
rL 3 '3 '/ R>i.(
State Zip Code
,,--.
State Zip ~de
.---
Fax:
City
5. Home Phone: Business Phone: E-Mail Address: Cell Phone:
{tl L/qs...:;''-/~7 --. - {tr '78' ~ 1>7
6. ate of Birth 7. Are you a registered voter? If so, where are you registered?
7 - 2~ - 2& Ya S (l4L(1// /J-I!A4t OoC/Pflt rb
8. What Board(s) are you interested in serving? Please list in order of preference:
I IL Shll c::: c::;. n ",',-I"""
.-
9. List all Gty Boards on which you are currently serving or have previously served: (Please include dates) , . J
L ;; Lo 4/i.. ILt1.t..4r/t? C--lJ /..r-!- CHI1/~~A/V
Cb {L.('-611/ 1'1. '1 S ~ (l. tit }J e-.
10. Educational qualifications:
() ~, 0
u~ It!. 0 r c C>AJ~ kc.. /::'l'cC/(
11. List any related professional certifications and licenses which you hold:
12. Give your present, or most recent employer, and position:
/1 L r {....J l -IN 11-(1$ S"6 -/t>L K CvI/."v7
o tJ 1(/...1.,:;- r .J-~fL#4-'1 's' (J f ~(e-.. -1 I '1? I _ I 7' /'2-
13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume)
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
contained' this application may cause forfeiture upon my part of any appointment I may receive.
~~7~b7
DATE
Note: This application will remain on file in the City Oerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
During the late 1960's to mid 1970's, I served with the Civil Service Employees
Association in Suffolk County, New York. I was the white collar Grievance Chairman,
mediating and settling grievances between management and labor. I also served as a
member of the Statewide Legal Committee, which met in Albany, New York, for the
purpose of adjudicating the amount oflegal assistance to state and local employees in
both grievances and charges brought against them. As an elected CSEA official, I was
the county's representative to the Statewide Board of Directors.
From the mid 1970's until my retirement in November 1992, I was successful in
forming the Suffolk County Detective Investigators Police Benevolent Association (the
law enforcement arm ofthe District Attorney's office) and getting it certified as a
separate bargaining unit within the county and state. As President for the first sixteen
years, I assisted our attorneys in collective bargaining, arbitrations and any other inter-
action with state and countyofficia1s.
During this timeframe, I was also a member of the Legislative Committee of the
Metropolitan Police Conference and served on various statewide committees of the
Police Conference of New York State.
Although I worked on the union side of the table; in my many years of
experience, I was able to comprehend the views of management.
S /./Jtf/ 131 @../Z-p S.5/'? 4vJ
A.~
10/10/2005 11:05 FAX 561 i3i 5180
ERIC H LUCKMAN PA
9/;~ '"""'
RECE;JED
OC1 1 0 Z005
CtTY CLERK
OELRAY 8€ACH
.. .. . .. . . ...
'It............
A1~City
l~ II I!
1993
2001
CITY OF DELRA Y BEACH
B.OARD MEMBER APPLICATION
info.t:mation:
Please
1. Last Name: , J
. ()CJC(VJ"~
2. Home Address; . .J.I.
2/ 5..u '3 'tOJ-
3. Legal Residence:
::0 --"'l. a > Q .b" v<...
4. PrincipalBusiness Address:
50SZ 50lJry '7FfI(fY7S 7 6LVJ)
City
Y ProAl 8rffCr(
M I. 11.-
State ~ Co}-
FL 3lf3.
State: Zip Code
State ZiJ; Code
~<-, "33<(~
f~
Name r;"
t::JC , C-
Citr .
f:iJ J'N70;J 8G4-CI(
City
S. Home Phone: . Business Phone: E-M2.il Address: Cell Phone:
Sbl' 757 '-/7Ql 5/P l737 3/33 it {)LvtJ:nIWLI1W-C/lJJ >"0~ ~<f/c..
6. Axe you.a J:egistered voter? 'J! If so. whcre ue you r:e . 'ter:ed?
f 5 ,J~"., b~O( C TY - C /~ I-
7. \XIlut Boudes) ,ue you intercsted in scr;:!.ng? PlCi\Se list in or:dcr of preference:
{jl/J l.- '7~11I C t: '.
Fax:
JU(
7'37 Sf ~
/70
8. Ust ill City Boa.rds on which you 11:<: ~endy serving or h:a.ve pr~ously secved: (please include dates)
-ON&- " '
9. Educa.tion2l qUAlifications:
8.}1. - /)/q-....tkl'7 t/I1/1/(/! h /fffO
fiJ - U/Jw~,;:-, f, o? jV;(Q~{' /953
10, List any rwted professional cCJ:tifications and licenses which you hold:
444/
JJ~,q f/f,(r:J'(iI/'/ Iv Lpt/v ~</-
11. Give yow: prescot, or most r:eccut employer, an
Eb <. JI 1. W KP'1 if/1J. . 11-
1~f,{(1e /{ f
'12. Dl'Scribe e:xpeciences, skills or kno~edgewhich qwilify you co serve on chis hoard: (please 1I.tuch a brief resume)
, O"'/4.c '-<. vi '
A. Li-", /:b;-~J tJ /
I h~eJ:;y' ~ dla all dle above statements 11:e uue" w.d I agree and understl.nd that any misstAtement of material fact;
con . ro' t4is a lkation may Clluse fOJ:feicu.ce upon my part of any appointment I may receive..
- ' -- /1
, ~' . , /tJ}(J CIS:-
SIGNATIJRE DATE r
ote: This application will r:cm.ain on file in the' City Clex:k's Office for: a period of 2 year:s from the clat;e it was
submitted. It will be the applicant's responsibility to eusuie d13.t a. current appliClttOQ is on file.
SIOTYC1.]lRC\BO.A.IW\APl'UO;not<
10/10/2005 11:05 FAX 561 iJi 5180
ERIC H LUCKMAN PA
I4J 002
MARTINDALE-HUBBELL LAW DIRECTORY
ERIC H. LUCKMAN, P A.
3652 Souck Seacresl Boulevard
Boynton Beach, FL 33435-8662
Telephone.' 567-737-3133; Toll Free: 866-Luckman (582-5626)
Facsimile.' 561-737-5180
Email: EL@LuckmanLaw.com
URL.' Iztrp:/Iwww.LuckmanLaw.com
Plaintiff's Personal Injury. Wrongful Deach, Insurance Coverage and Insurance Bad Faith
ERIC H. LUCKAJAN, born East Meadow, New York, April 4, 1958;
admitted to bar, .1.983, Florida; 1985, U.S. District Court, Southern District of Florida
including Trial Bar; 1990, U.S. Court of Federal Claims. Education: Brandeis
University (RA., cum laude, 1980); University of Miami (J.D., 1983). Lis[ed in
Leading American Attorneys, Certified Court Arbitrator, Florida Supreme Court.
Recipient, Bronze Patriot Award, Academy of Florida Trial Lawyers, 1992. Member:
Palm Beach County Bar Association (Member, MedicaljLegal C.ommittee); The
Florida Bar; The Association of Trial Lawyers of America; The Academy of Florida
Trial Lawyers (Member, Insurance Committee and Legislative Key Contact
Committee); Palm Beach County Trial Lawyers Association (Secretary, 1997;
Treasurer; President-EJect, 1998; President, 1999), (Board Certified Civil Trial
Lawyer, Florida Bar Board of Legal Specialization and Education).
.oBMYBfN:H
.~..'
-..
r)'I'V
, .$
1,993
2001,
MORRIS ~lEIf'ITRAUB PAGE 02
<;;m CUiRK fr'tr: V;tJ( aT e~ 1$ \f4J:u.o:1'
, , . J.l1 (JD & "
CITY OF ,J)El;.RAY'BEACH -\
Bft:" 'A:DD M' EM'8ER',A'PPLIC'A"TI'ON n t- ,...... ?'~' 'I \ J C 1"
V"ftft.. ~... ~.'1 r:: L c:. V r: L.J
o4/07/~005 15: 44 _ 1551731!559" ,
,,"':I..... .LCI." ..",. &,t.:..C.. .a....)..~.., r~ ;)OJ:- ~4~ ;,j.f-t4
APR ., n 2005
'N.me.
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&~.;floil...t1~dtess.:
,,(^,.;-/ .tJ,-r~1h..f ,g. , rl r-
TJ, It! e:r ' ~ - t,S<{?>
If so. where iLte you ~~taed?
" :~-<Ade ':,
, Fax:
.'
, . ,U-: Dl;s(,.libe'~~~~ ,slWhor ~~~~:,~,yo.u:to &ttV'coOQ',dUsh<nrd: ,~~tb.cll..2 :brief-;es.ume)
,I
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,I
r
,I
. :.
l'
:1
- -
7, 'WhAtBoud(s):ueyoU:,in~ted-in serviag?PleA~llsdft ~er,(')~~ce
- C l \/1. 'L :>u~ 12.. J t Ce, J:..,Ol'if~rr(u <:::.:-/0';; /hP j1.E;9 L' >._ ..
J' a. LU! all Gty Boards O!l ~ you m CUII:!:::D.rly :.crviDg OJ: have pu:viousiy served: (Pleue include dates)
I ell/I i ,,)eJe II I G'd'" .. .' .' .
,h. 'F4ucauona1C{wdifiOuione.:.
t Lis da ," ~~. And" hid. hI.!
.110. ""1' =~ro,~ ~.:. ,......"". you 0 .
~ " Ill} (tif('~/> r fJ 1/ ~'~ i3o.f..~ a.. pLc.~ R.Jl-M tV> ';;-1(
,I: ~l~ Gi\Ie your preseo.~ otUlost receaf eroplo. ~ ULd positio~ '
:0 (0 (;~ d'S 'nL\Jc;.11 r;;, "oJ ~ ,t- Sa r
, 'I'b~~..itify _t d'chc llboYc st&'tia:Dcnt$'are ttU~ omd I ~ ~ \lQ&rst2nd. tb.at:'BOYmislSllil\laln.~~,dfma~,:&.as 1
'10~~~17::7---myP>rtO{"'~hnf!0/JI
. SIGN.'\:'1"t/RE DAm ,
, .
~- '1i
NOte;; 1his 2.pp.licatiou will.l-e.tnaia" on,me in: the' Civ ~1t O.ffi.ce fur Il pe,ciod of2 ye:u:s from. 'the date it W36
suhlnii-.ted.. It,w;ill.h(; th~ 2pp]j~t'S,les~ility to easuie that Q. cuaent appJi..".$.tion is,on,file.
S1CRY~~nuoc
/m~
CODE ENFORCEMENT BOARD
03/07
TERM EXPIRES REGULAR MEMBERS OCCUPATION POSITION TELEPHONE
FIlLING
01/14/2010 Susan Kay Case Manager Layperson Home: 495-7848
APPt 01/02/07 .It 2571 Hampton Circle North Fax: 495-1287
Unexp Appt 03/05/07 reg Delray Beach, FL 33445 Cell: 699-9561
01/14/2010 Stanley Brodka Financial Services Real Estate Home: 274-9502
unexp Appt 09/05/06 920 Hyacinth Drive Cell: 702-2956
Reappt 01/02/07 Reg Delray Beach, FL 33483
01/14/2010 David Hawke, Chair Architect Architect Work: 740-4440
Unexp Appt 01/07/03 121 Heather Lane Home: 278-3414
Unexp RcguIar Appt Delray Beach, FL 33444 Fax: 921-0444
04/15/03
Reappt 01/06/04
ReaOOtOl/02/00
01/14/2008 Beril Kruger Planner Business Person Work: 265-4983
Unexp Appt 07/24/01 9 NE 16th St. Home: 265-2019
Appt 04/02/02 Deli:ay Beach, FL 33444 Cell: 870-4701
Reappt 01/04/05
01/14/2009 Robert Marks Construction General Contractor Work:
Unexp Alt ApptOl/07/03 371 Coral Trace Lane Home: 266-8494
Unexp Reg Appt 04/15/03 Delray Beach, FL 33445 Fax:
Rcappt02/00/06
01/14/2009 Anthony Veltri Retired/ General Sub Contractor Home: 272-0252
Alt Appt 01/02/01 2915C NW 12th St. Adjuster
Unexp RcguIar ^ppt
02/02/01 Delray Beach, FL 33445
Reappt01/07/03
RcaDOt01/17/06
01/14/2009 Mark Behar, Vice Chair Property Mgmt. Engineer Work: 254-9605
Appt. 09/09/03 alt 140 West Lee Road Home: 279-2335
Unexp ^ppt 10/05/04 Delray Beach, FL 33445 Fax: 279-9192
Reappt02/07/06
Cell: 254-9605
ALTERNATES
01/14/2010 Glenn Schuster Layperson Work:
Unexp Regular Appt 4585 A Northwest 3'" St. Fire Chemical Home: 499-0561
08/19/03 Delray Beach, FL 33445 Specialist Cell: 706-0553
Unexp Alt 05/06/03
Rcappt 01/06/04
RcaPpt 01/16/07 alt
01/14/2010 Vacant
Unexp ^ppt
Contact: Danise Cleckley 243-7213
S/City Clerk/Board 07/Code Enforcement Board
. OEtItAv 8fAOt
. .'. ... . ..
****~
.. f p' .. \
'llll!
, 1993
,2001
, . ~ECENED
. CITY OF' DELRA Y BEA~CH 2 U LOt\i
BOARD MEMBER APPLlCATldiQ'4 . Et:\\(.
'C\1'f c\.: .
t?J (7 ~e
2
~r:
. 'Sta~
rL
State
Name
3. Legal ReSidence:
4. Principal Busin~ Address:
City
State
Zip Code
Home Phone:' . Busme.ss Phone: E-Mail Address:
'fiG
.10. EducabonalqUalifications:
~"47. ~.',
, ,
11. l.Ist any rebted prof~ional certifications' and licenses which you hold:
~ . . LAw: B*/ld';ru2~ &;
12. Give your present, or most recent employer. and position:
13. Desaibe experiences. skills or knQwtedge which qualify you to serve on this 00acd: (Plt;ase attach a brief reSume)
that all the above &~tements are true; and I agree and understand that an ss ement of ma
. application may cause forfeiture upon my pan of any appointmay'I. ~ ...,.~ r <<ece?' "e.<- .
, ~~
I
OATH. ,
,(.
application will remain on file in the City aedes Office for a period of 2 years from the date it Was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
..........-"". .....",,~.
........ .
~
'~.IIJ!
! . -1993
. -. 20:01
..3( pr~'O .;..:....
CITY OJ: D~LRAY BEACHREC,ElVED
.BO~ltD MtiMBE'RA~PLICAT~~27 2006 .
'CITY,CLERK
~kC
2... HomeAddress; . ~. G~.? __ L~~
3. Leg2l Residence: ....
. ,- 6&1h~
4. Princip2l.Business Address:
N2lne
'.
City
Sbre
~ Code
7.
Cell Phone:
. Fax:
5. Home 'phone: . 'Business Phone:
~~~ t.:: . ~'@~~ .
6. -^!-e you ~, cegistered:vot~?
~
.. 8.
.! '\
:. 1
~. 'EdUClti~~'qUaI!fiCll.tions:
, :.~~L6:'Q' V
'C:-\J~
>-
. , ,
. to. ~taily1:e1ated ptofession2I certificatiOns ai:t~'licenses which you hol<i:
' 04+ ". .
' . .
. . . .
~. .. .. . . . .
. '
. you to setVe on this hoatd: (p~e 2tt:lch.. .2. bri
, .,... ~. '~~Bv
".
, sb.temdlts 2rc. ttue, 2tld I agree 211d undetst2D.d chat any missb.temeot of matetW. fads'
. 'ClUSe forfeiture upon my part o( 211Y ~ppointment I my receive.
. Y. -c::1 ~ h
DKI'E /
..
.."ote: This appliation:will r~ on file in fue<City a~s Office for 2. period of2 y~ from the date it was
submitted. It will.be the applicm~s J:esponsib~ to efisuie' that a. aittent applica.tion is on file. , .
.. , ~'
,dlJM
JAMES HOUCK, - RESUME OBJECfIVE & PROFESSIONAL mSTOR)'
Page I of~
OBJECTIVE
."'0 secure a PROPE~ MANAGEMENT positi<;>n where interrelated experien~ ~ Architecture (5
years:' Building Design and Site Planning)~ Operating'and Capital Reserve Budgeting (18 years)~
~omputer Software (20 years - Microsoft Word;Excel~ Access and others)~Construction (3 years),
Corporate Business (l0 years - Managemen~ sates,. Marketing and Training), Property Management (18
y~ - Portfolio & On-Site Experience) and Real Estate Licens,ed (21 years - Commercial &Residenti~
Leasing, Sales~ Marketing) will be of value to your company. '. .
. -
PROFltSSIONALIDSTORY'
1992'.-,2005 LANG MANAGE~NT CO:l\1PANY (Boca Rato~ Florida)
PrO~~rtv Mana~er'
'COn-Site" managed a 4()O unitcon4ominiUm d~veiopment with nfue (9) ,five (5) story
buildings and two8\vinn'rllng,pools and, a'clllQhous~., , .
- 'Managed a portfolio oftJP-tO 16 high eIidcommunity associatio~~Co.llectively consi~ng ot:' '.
, . '649 individwii homeS and'345 two (2) ,arid:tmee (3) StorycoIidoniini~ tQtaUnir994 units:
R~~ib1eforpreparing,impiementirig and oversee~g;the annual budget exPenses Qf over
$4~QOO,OOO collectively. -
,Professio~IY'managed theCo~~Cts ~f accountants, arcbit~, attomeys,carPenters, ., .
electrl~ians; elevators, ,~gi~eers, - gen~ral ,contractors; horticuiturists, insurance cOnipariies,
-irrigation specialists, handyme~ -lan~Capers,_ m~ons, plumbe~, roadways,. roofers and other' ,
confractors;vendors an<J ag~ncies. ,
SuCcessfully negotiated,and monitored-the completion of three (3) developer turnover
s~ttlements, 4 asphalt Toadway overlay & 9' seaIcoate projects, 8 painting and 5 'sloped roof
replacement projectS~ '
-- Set up."Exce~" to calculate all the reseIVe b~dget ~e 1;>udgetfigures to e~nate thc? J)~
to personally have to the calculations.'. '. , .
Work 'with various city and,county agencies on bwlding and landscape proje,cts.
. -
1989 - 1992 BENCHMARK PROPERTY MANAGE~ (Coral Springs, Florida)
Property Manat!er
Consistently directed the operations of up'to 15 properties, collectively consisting of more
than I~OOO two-story and mid-rise condo units and individual homes.
Responsible for preparing, implementing and overSeeing the annual budget expenses of ~ver
$3,500,000 collectively.
Successfully negotiated and monit~red the ~mpletion of three (3) developer turnover
settlements, 2 asphalt roadway overlay & 8 sealcoate projects, 5 painting projects, 3 slopped
and 2 flat roof replacement projects.
JAMES HOUCK
. Resume - Page 2 of;l
, 1987 ~ 1989 .CQNDOR PLACE JOINT VENTURE (Boca Raton, Florida)
. On Site:" Property "Mana~er & Leasing Director
Directed all on-site pro~rty ~aiiagement; sales and leasing efforts for a ~O ,bay 95~OOO square
foot OfficeJWarehouse building. .
Responsible for negotiating all contracts and leases.
LiaiSon between general cOntractors and. maintenance companies.
Created and implemented annual budgets and prepared monthly fmancial analysis.
1985 -:-.1987" . SCHNEIDER COMMERCIAL ~ESTATE (LosAngeles~ California) ,
R~ ,Estate 4eent . ,
Wo~ngWith developers, .propertY. owners, and tenants negotiated more ,thari $4;"000,0()0 in
r~tailand,office,leases and lan~ and building"sal~s.
Creat~and utilized computer'gen.erat~ databaSes to work with buyers arid ten~ts ~ also
inves~:~Iit programs to' analyze buildin&, ~d land sale opportUnities. .
. .. .
1984 -.}.9.85 .:FRED SAlIDS REALTORS ,(Lo.s Angel~, C8lifoinia)
J
ReaJEState Aeelit - Commer.chil Division ,
Negotiat~ more than $'9~~OO() in ~ret8ll. and 0~ce1eases and land sales. A,chi,ev~ ,go~ ,by"
extensive:cold calling on oWners~ ten8ntsaJ,ld other brokers. . .,' , .
1974 -.1984 "ST~ CHAltLESMANUFAC:r-URING COMPANY (St. Charles, lllinois)
A high end residential~ laboratory and fustitutioI)a1 cabinet manufacturingcomp~y.
Western Retrlonal Sales Mana~erJ.Multi-Housin~ Division (Based - Los An~eles~ CA.)
Successfully directed the,developnient of a new region of dealerships~ independent agents and .
cOrporate accounts thro~ghout 7 key Western states.
Eastetn R~oDal SalesManae:erlMulti":HoJisin~ Division (Based - Ft. "Lauderdale, FL.)
Effectively managed 17 indePendent dCalerships,throughout 8 key eastern states. ' ,
National Ope~tions Manae:erlInstitutional Division
Supervised all corporate accOunts and dealer ~~.
Co~rate Sales EnIDneerlDraftsmanlEstima~or
JAMES HOUCK (Licenses) Designations) Memberships) Board Member) Education)
. Page 3 of3
PROFESSIONAL LICENSES & DESIGNATIONS & MEMBERSinPs
2005-Present Co'mmercial Property Mantigeinent (CPM) Candidate (!REM ID #OI,~969~) (Chapter #76).
2005-Present Florida Notary Public CoIimii~ion (#0411955)
1989-Present Florida Community Association Manager Lieense (#5414)
. 1987-P~nt~:Florida Real Estate Broker License (#500323)
1984-1987
California Real EState Broker License (Not-Active)
. Affiliate.member of the "International Council ~f Shopping Centers" (I CSC).
198+1981
,ciTY GO~Nt- BOARD MEMBER:
2004-Present CitY of D~lray Beach) FL'- Vice Chainnat,. - Board of Construction Appeals.
1 EDUCATION
4. '. ~
1981-2005 FLORIDA'" Real Estate & ,Co~wiity Association Management ContinuH.tg Edu~tion
Classes '."
1984-1986 uNIvERSITY OF CALIFORNIA - Los Angeles) California, .
9 Coinmemal Real Estate Classes (Pro:i>ertyManagement, Marketing) Finan~. and App~)
1976-1911 ..UNlVERSITYOF.WISCONSlN ..Madison, Wisconsin
8. BusinesS'Management Clas,ses,
1971-1974 UNIVERSITY OF ARIZONA- Tucson) Arizona
Bacl1elor of Architecture Dero-ee
1969-1971 SOUTHERN ILLINOIS UNIVERSITY - ~bondale) lllinois
Associate of Architecture Degree
JAMI;S HOUCK
. 3763 S. LancewoodPlace
DeIray Beach, Florida 33445
561-865-2636
! jdhouCIc5i@bellsouth.net
STRENGmS & SKIT,~
Page 1 of2
, ,
AS a highly organized and self motivated profesSional with interrelated experience the foilowing are a .few
strengtbs,and skills lean Qffer:
PROPERTY MANAGEMENT
~ Cream.an extensive &CManageinent PI~" to reflect the'goals of the property and their owner's.
.... Able to fulfill the manager's obligations under the p~perty's management agreement. .
. - Ablc,to manage a,broad portfolio of.properti~s and maximize their property values.
- Ability to quickly learn the'roles a,nd functions of all positions within a new property.
- Test economicaltematives t<;> increase 'vclJueand make reCommendations.
'- ; UnderSt8nd:fi.D.~cial stat~ments and acco~ting prinCipals.
-' Knowledge,Qf avmhible insurance coverage, to, protect :owner's assets~ .
- 'Pro1ieie~~ in,cr-eatmgO operating and eapitahes.erVe bu~gets an~ effectively manage their eXj)ens~. .
. _. .U1ide~d ~dwork'with lease/~e analysis,and investment software.' , , .,:
-: Prepaie.8n~'Opeiations Report" ifrequired... '.. .
- EXamine probie~. and create Viable ,solutionS.
.. . -. ,Develop short andlong term market analysis.and ~nQmic plans.
: -'Ori~t:n~w'residenW~nantSand promote, ppsiti~e relationS..
- 'El'lforee collec~on and for~losure procedures. "
-, ~nStant1y a,nal}'?:e'properties physical and fiscal, C()n~ms.
- Uriderstand l~g~ issues as they relate to tenants l;ind. oWners.
-' Qv~ operations, lease administration mid' cOristruction management.
- Manage budget eoststomaximize profitability.
-, Mo.utor $eeonsttuclioIi. of tenant improvement build-outs as ~uiredunder lease term.
Understand and meet goals of a property. .
Understand ~g and employee relations to create a top notch team.
~ain~ expense.controls and increase Net Operating Income.
Able to. proPerly oversee the, selection of contractors and other vendors. .
- Strong ability to admiillster contracts and create t~t relationship~.
Proven ~r~ ofexc~ll~nt mtermd and.extemal GlistOnier service. .
Provide direction and leadership t~ various in-house and out-sourced personnel.
Inspectandevaluate all building equipment, systems and,grounds to insure that.the appearance and
operations of the' property meet established standards. '
Develop ~mergency. procedmes and preventative maintenance programs.
Develop operating and aq>itaI budgets and track variances moilthly. .
Manage approved capital expenditures.
Negotiate 'and approve leases and contractual obligations related to the continuing operation of the
property.
James Houck
Page 2 of2 - Strengths & Skills
FACILrrYMANAGEMENT
'Able to help or take on role of Facilities Manager~when needed.
Negotiate and manage conformity willi vendor contracts.
UnderStand and ~~ge capital improyement projects.
Understand and 'work with architectural drawingS.
Conduct and prepare extensive property and bui~ding inspection reports.
~owledgeable,about tlie construction and other.components'of a building.
Ma,nage risk factors effeCtively.
Monjtor owner.impro~ements~
~ Properly.select and, work with seivice providers.
ide.titify'an-a:wo~ outconstru~tion. def~tissues.
oPi'6perly cominunicate with ~d motivate employees and outside contractors.
- JUre, ~d effectively ~l;lpervise ~mployees~d outside contractors.
...:..: oOve.i'Seel~dScape andirrigatiOQ' services an~~iIiiplement new projects. . '
-- AbLHo e:ffeeliv~Jycoo~in~teand/or oye~:thesec1irityoservices; parking garage an,d valet serviCes;
tree'trinuriing and removals; janitQriai ser-Vices; l?Ulldingengineer personnel; Cooling systems; roof: 0
'.tep4ll:Silpd i:epbicem~n~; e1evalo~ ~ep~; asphatt repair midoverlayproj~ts; painting projects;
cOi1cre~e.resto~ijon projects.; fire sprinkler.system$oand most other Se~vices and/or SyStems: as ~eeded.
- . "Properly, plan ap.d implement aUthe VarIous:types ofIl\aintenanceprojeets, renovations to:COiwn9D
.. ateas,,8Jld oilier s~heduled lonw~d short term m,~tehan~ andcoIistruction projeC~.' ,0' 0 00 ,
Abl~io wQrk clo~ely with tenants on their build-oufixp.prove1p.ents.
Familiar with most architectural building $ysterris.
GENE~
oUnC;lerstarid the' dynamics of it lease and leasing ~o:a tenant.
. Long tem1'l91owledge working with computer programs (Word, Excel,'Access & others). '
'0 -.. S~ng organizati.onal,- management, administrative, communication ~d leadership skills~
Mature, responsible and businesslike in demeanor~
Positive proactive work ethic. .
Flexible and able to multitask effectively.
ProfesSional in approach and appearance.
Work ~ffectively in a cohesive team environment.
Willing to put in the hauls it takes when needed.
WIlling to ,!Javel when needed.
j'
:~OM IMAljltTI~t ~O~A ~ATON
(Fkl)fEB' 18 ~OO~
1/tT. 11:4~/NO.6~6001~049 t i '
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1993
-2001
CITY OF DELRAY BEACH t/ttfs-.#Jr.
BOARD MEMBER APPLICATIOIECE1VED
FEB 1 8 1~05 '~/3"01
RK
M.l. 5
Zip Code
.r
Zip Code
1~
2. Hom.e Address:
05-C- U
~. LegalResideoce:. {5 h1 E )
4. Princip21 Business Address: . City
.:IMa1.$J,~( ,:z:;.,.,fn,.. t~ -.? -7 I '-L
O~ ,....f- r<~.I't- . . ,=>0 cc:.i (~ r ~ '
S. Home Phone: Business Phone: E.-Mail Addr:css: _ Cell Phone:l$-4r<E\ Fu:
. ~/-3~~'-&~fJ;t.. -57p (-<?~/-C79~ 5'+wt:,tfv...~kr~"71 ,; Lf"'.c~/-9~I-(j,r7b
. G.. Are YO\1 Gl tegisteIed lTo~er? './' If ~o, wheic uc you. regi~{ered? -77 i'.. ? ' /7..;'.
'C.-.., . . ' '7 4.1,..... ?~~ c...cv,.
7; Wh,.t,~cd(s) ue ou interesced.in secving?PldlSe list in or er of p[cf~r~nce:
, ,. . f. ~ ,- ,'./..~ .
State
Zip Code
'Pqg?
,8. list all City
ds 011 whi,ch YQ,U Ue cuaendyserviOg or e prcvi~Jy $ervcd:(pl~$c include cb.tcs)
. , 1'. . r '.c. . ~ .
9.
'.
tS :are true. 2nd I agree llIId undeaund th1t ""DY misstatement of .l1l2terial bas
f<-cfcitore upon my put: of 10Y appoinunmc I m~y receive.
51
;;;(--/<6 -oS-
,DalE
~oce: This 2.pplic.ation will remain on file in the City Oex:k's Office for a period of 2 yeatS from me date it was
submitted. It will be the applicanrs responsibility to ensure that. a con::enc ~pplicuion is 00 file. .
S\OTV~AlJNlftIJCt..T1QH
rjol}
. ........ ,.....-... .... . ,....... L.... ..... ........
\". I, I ...."',. IV L.'UV.. ,
"I "'... , , . ...",., ....... V...VV..J' :..~.,.'" I
-George Stephen (Steve)' Thacker
24(J3-C Lowson Blvd. Delray Beach. FL 33445
561-350-6182
Career Obje~tive
Position in Entelpme Resource Planning & Managemenl wuh a progressive organizarwn
offering advaru;cmenl opportunities JxsseJ on achievement aM re~lts.
Summary of Qualifications
... 1Wen'Y ~ars of experience in all OSpecLf of com~u"icaJions and IFUJrhtingfor the
teJ.eeoirrmunicarions inJ..utry.
.
... liigh/y 17IOlivatetl,. res'llu-orienied professional with broad background ;n terrill>f)1.
devl'lop7rfent. account/project ma1Ulgem,ent~ with afocuron the FortUlK:lOOO.
'... Demonstrated DlUJlyticol and organizational efJeaiveMSS.
+ Excellent Interpersonal. com,,,,mlcallon and managerial skilk
... Profident en ..'Oiceldaralvideo,c.ommpn;c,QtiotU and network design.
... Proven markeiing expertiJe. with siron!! DPtiludefor sales manugemenl
Work Experience
'2001- Present
"IrtUlt!istic.s Intetn~tioD.l,. Ine. (formerlv Pitney Bowes Office Sys.c:etm)
Nationa( Account Managa '
Digital M~ging/Docwnent Proce:t:Jlng & ERP Managed Servicu Solutiolis Provider:
CvDre33 Knowledre ware So/utiorn. p,anner; OEMs incJuJ.e MiMIla. f(Q"irA
Paruuoni<;.. Toshiba. ~ d: HeUl6/berr among others. Designed &: englneend'entUprise..
."ide digital printing & publishing solutioTLr, CQlor printing and 3CIJIJl1ing. desktop publisbi1:eg.
desbop faxing. and unlfled messaging solucions (LirhtJlinl! F a.et Natf('",al QcCount sales '
management. while-rrtainlllining JIM existing aceou", btl3e. Summit aub 1003, Qa:tilc
Leadership Omfercmce 1()04. Ranked :r nationaily.
1m ..."1000
" Norstan 'CommQDi~ti.ns~ Inc.
',.Account Manager/CommunIcatIons Consultant
'.'
. TecJlIIology Solutions and Services Provider; Project MtuUJged converged Y'oiCelDalolJ':t<ko
entl'..Tpme Networh. Conwa. Centers and Workforce Management Solutions vi,a fP
Telephony. F ram~ Relay. ATM and Unified Mc::uaging technology. :
. Fanners included Lucent. ArT. Sl~crraLink Wireless. Cisco Systems. ddtran. MCI"lVorIdcorn.
Svrint. gmf SlJrintPCS. PlctureTer and Ei4 .Wmu:ns. Iwatsu. Aspect. w;'vuse. PeoDleSoft.
Blue Pwrrkiri. among many others.
.. Responsible for e;dsting cus/omerbose. while engagi!lg 'Iew business.
Work Experience (Continued)
19'7-1"'
UniDial Communications, IDe.. (now Lightyear Communications)
AuthoriuJ Agent ~ GST Comm'unicalions, PreSIdent
.. Re-'-marhdllg Agelll for MCI-WorldC.om. Sl1rint. FJliams. mull}{!;. offering wide-rung~ low-
Cl>St Teleldata, commun./aJrlons senrices 10 commvdalo.:rtoiMrs. .. .
. lnitiated Strategic Partner and Distrihution Quumel relationships.
. M~ged inaugural regional sales oper.atioti..<:.
.. PRESIDENTS CLUB
1995 - 1997
,LCI JRte~...atlonaL Inc:. (now Qwest Communications)
. Nationo.l Accoulf1 Monager
. ReSpon.<:ihle for gt:neroliilg n~w revenuewlJi/i! mainiaining exisdng'" millwn do/lor base.
. + !"'anaged National AC+Dunt Supporr Team. which supported exlsti1l~ accounl.f.
. ' Project managed' Me design. engineering. and insral~iohof vo~. daUJ, ~d videQ rtuworh.
+ Managed rapon.ses 10 RFQs'and RFPs.fucilitali"g ExecutiVe PresenJation.r lo,Senlo"
Executives ofFonune 500 companies.
.. .PRE$JDEJlTSClRCLEAward~ 1996.'
1994-1"995
.,Thomas& DettslNev.da 'West.ern.. lkrk- Tek
MQnufadUr'.~T.S Representative, ()a1c HIo Marketing .
. Rupolr:sibl(:fi:ii-~gPremise Wirihg Systems dniICommul1icalion.<:Cab/~ il:! e:cisting
Dis(ribUl~,whiJf! K,QJertiling new revenue with ContraClors and End-,~ers. .
:1989 -1994
Data 'P,.oc~sin2" Sc:ienceS~ Corp.
.. R~gio"al Representative
+ .As Vi"a-cbinmunkatioTU Ct111.~/tCUJ(. responsible for design. prOolrem~ and
implcincnUltiun of lnzegraled Wide Area NetwQrk and lAcal Area Ne/WOrlr. ,olUli/)rJ.<: ahd
FOO~. .
. Managed natiorU.illUritoryof~oda(e brokers, dislrlbuUJrt and automer' ba3e whil.e
gen,.rating new br.uitres3. ' .
. Represerued over 50 dlJferenl manufacturers of network syStems. data co"tmll,JiCDtiollS
hardware andrelaled wflware. '
1988 - 1'39
, ~~pUIJ~C~Oner COrD. (formerly Dayco Rubber)
. Account Repr-es~!Jitad:ve .
+ Marketed CUStom robber roller recovering services to th~ printing. paper mill, metlll trt:q'ing.
lamiruiling aiuI relaled indilstrie.~-
','
1'87 - 1'88
Interactive Comm..oicatlon Svstems~ Inc-
Account Representative.
+ Re-marUled data communlauJons hardware and soflwur4! (lUminal emulation and jile
transfer) for TBM. DEe and UnisyslBuTToughs Mainfrtuna and moSt UNIX Sy$rems. Partners
induded KX;.Anachmale. Emerald.. Rumba. and BLAST. '
I(t.!M I Mj\I) I .:. I I'.,;:' (\1.:1..;\ 1\:'1 I '.ZI'
198$- 1917
1983 -nss
197.5 - 1981
'\...II'~t.r.... ---....
.-. . - . - . -. -
W ork Exp~rience (Continued)
Antomstie Data Proeessln'Il~ Inc.
DistI'ktMallager
. Ruponsible for Marlceling dOUl processing services and software.
. Supervised Account E:ucutives and Client Service Representatives
Pitney Bowes. ")let_phone Corp.
Senior Account ExecutiPe
. Responsible for Major Aa>>rmt Morkelingfor dictation and digilOl voice communication
.1}'StelrfS. CHA1RMANS CLUB.
Education
. Unlv~rsity ,of Cincinnati
, Jitlch~lor of Fine _4.rts Dqp.~.:. B,oa~c~ Com"cUIIKiltiO,IJS
. .Alpha Epsilon Rho FratemUy
. Ptofessional memberships'
. Trl-SliIle Technology Association, Vendor Commillee
. .Advertising Club of CinCinnati
+ Rotmy !nJejnalional
COlDID.Unity activities
. ' Boy Scouts of.America. DlstrU:i Commitu~e. .A.1:.tt. Scoutma.qer
. Knighu oleolumbra. Fuurth IXgree
\,-
. Catholic Order of Foruters
. CincilJ1lO,li.Arrs FeSlivaJ. 111<:., Sing CindnnotiJ ...Steering Commmee
, .
+ SPEDSQSA - Southern Gateway, ChQrus, Director of Uurlceti.ng. :/WI. MuSic pirec/or
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER'(7LA
SUBJECT: AGENDA ITEM # REGULAR MEETING OF MARCH 20 2007
APPOINTMENT TO THE CODE ENFORCEMENT BOARD
DATE: MARCH 16,2007
At the City Commission meeting of March 5,2007, Ms. Susan Kay was appointed as a regular
member of the Code Enforcement Board. This creates a vacancy for an alternate member to
serve an unexpired term ending January 14, 2010.
All members of the Code Enforcement Board must be residents of the City. Appointments to
both regular and alternate member positions shall be on the basis of experience or interest in the
fields of zoning and building control. The regular and alternate membership of the Board shall,
whenever possible, include an architect, a business person, an engineer, a general contractor, a
subcontractor and a realtor.
The following individuals have submitted applications and would like to be considered for
appointment:
Gerald Franciosa
Retired-Law Enforcement
James Houck
Property Management (currently serving on the Board of
Construction Appeals)
George Thacker
Accounts Manager (currently serving on the Board of Adjustment)
A check for code violations and/or municipal liens was conducted. None were found. Voter
registration verification was completed and all are registered.
Based on the rotation system, the appointment will be made by Commissioner Montague (Seat
#4) for one (1) alternate member to serve an unexpired term ending January 14, 2010.
Recommend appointment of one (1) alternate member to the Code Enforcement Board for an
unexpired term ending January 14, 2010.
CITY COMMISSION
CITY OF DELRA Y BEACH. FLORIDA
REGULAR MEETING - TUESDAY. MARCH 20. 2007
6:00 P.M. - COMMISSION CHAMBERS
AGENDA ADDENDUM
THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM:
9. REGULAR AGENDA:
H. OFFICIAL MUNICIPAL ELECTION RESULTS: Canvass the returns, and
declare the official results of the March 13, 2007 First Nonpartisan Election.
********************************************************************************
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.
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
THRU:
CITY MANAGER
FROM:
CITY CLERK
SUBJECT:
AGENDA ITEM # - REGULAR MEETING OF MARCH 20. 2007
OFFICIAL MUNICIPAL ELECTION RESULTS/MARCH 13, 2007
DATE:
MARCH 19, 2007
Presented for your review are the official cumulative totals for the regular, absentee, and provisional ballots as
provided by the Supervisor of Elections for Pam Beach County on March 19,2007, indicating the results of
the First Nonpartisan Election held on Tuesday, March 13,2007. The total number of votes for both Rita
Ellis and Gary Eliopoulos increased by 3 votes. The votes for both Virginia Snyder and Tom Stanley
remained the same.
FIRST NONPARTISAN ELECTION
COMMISSION MEMBER - SEAT #1 -1WO YEAR TERM
GARYP. ELIOPOULOS 2.807
TOM STANLEY 1,704
MAYOR - SEAT #5 -1WO YEAR TERM
RITA ELLIS 3,270
VIRGINIA A. SNYDER 1,249
MOTION
To Approve the official cumulative totals for each candidate for Commission Member/Seat #1 and Mayor/Seat
#5, including all of the regular, absentee, and provisional votes as presented, and that it is hereby declared,
based upon the above and foregoing official results, that Gary P. Eliopoulos is elected as Commission
Member/Seat #1 and Rita Ellis is elected as Mayor/Seat #5 for two year terms commencing on the 29th day of
March, 2007, and ending in accordance with the City Charter.
S:\City Oerk\ELECTIONS 2007\2007 ELECTION RESULTS MEMO official results.doc
r'lH~-l ';!- ..:JJL1' ,. 11 :S;!
'=,ut-'t.t-<:'.'1 ~=,Ut-<: Ul- t.Lt.I.. I 1 ur r=,
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Palm Beach County
.....
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240 SOUTH MILITARY TRAIL
WEST PALM BEACH. FL 33415
POST OFFICE BOX 22309
WEST PALM BEACH. FL 33416
DR. ARTHUR ANDERSON
SUpeI'oIisor of Elect;ions
TELEPHONE; (581) 656-6200
FAX NUMBER: (561) 656-6287
WESSITE: www,pbcelect;ions,org
OFFICIAL CERTIFIED
UNIFORM MUNICIPAL ELECTION RESULTS
MARCH 13TH, 2007
STATE OF FLORIDA
COUNTY OF PALM BEACH
I, DR. ARTHUR ANDERSON, SUPERVISOR OF ELECTIONS,
HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COpy
OF THE RECORDS ON FILE IN THIS OFFICE.
WITNESS MY HAND AND SEAL THIS 19TH DAY OF MARCH, 2007.
DR. ARTHUR ANDERSON
SUPERVISOR OF ELECTIONS
PALM BEACH COUNTY, FLORIDA
BY:~~~y~
l'lAR-19-2007 11:39 SUPERI.I I SOR OF ELECT I Ot 15
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MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGERt7Z1
AGENDA ITEM # lb. A - REGULAR MEETING OF MARCH 20, 2007
ORDINANCE NO. 59-06 (SECOND READING/SECOND PUBLIC
HEARING)
SUBJECT:
DATE:
MARCH 16, 2007
This ordinance is before Commission for second reading and second public hearing for a privately
sponsored Future Land Use Map amendment (small-scale) from CF (Community Facilities) to LD
(Low Density Residential 0-5 duj ac) for an 8.27 acre portion of the Christ the King Monastery of St.
Clare and rezoning from CF (Community Facilities) to R-1-AA (Single Family Residential) and
associated reduction of lot frontage and lot width requirements for proposed Lots 17 and 22 within
the subdivision at Christ the King Monastery of St. Clare, Inc., located at the southeast comer of
Sherwood Boulevard and Sutton Place.
Letters from the public on this item that were previously provided to the Commission are not
attached to this memo.
At the fIrst reading on March 5, 2007, the Commission passed Ordinance No. 59-06.
Recommend approval of Ordinance No. 59-06 on second and final reading.
S:\City Clerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 59-06 Christ the King Sl Oare Monslery 2nd Reading & Public Hearing 03.20.07,doc
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FROM:
DAVI~a3 . CI
PAUL DORLlNG, AlCP, D TOR OF PLANNING AND ZONING
JASMIN ALLEN, PLANNER · /1t?:J~~ tJ-tf;,,,,-
MEETING OF MARCH 5, 2001
PRIVATELY SPONSORED FUTURE LAND USE MAP AMENDMENT (SMALL
SCALE) FROM CF (COMMUNITY FACILITIES) TO LD (LOW DENSITY
RESIDENTIAL 0-5 DUlAC) FOR A 8.27 ACRE PORTION OF THE CHRIST THE
KING MONASTERY OF ST. CLARE AND REZONING FROM CF (COMMUNITY
FACILITIES) TO R-1-AA (SINGLE FAMILY RESIDENTIAL) AND ASSOCIATED
REDUCTION OF LOT FRONTAGE AND LOT WIDTH REQUIREMENTS FOR
PROPOSED LOTS 17 AND 22
TO:
THRU:
SUBJECT:
The subject property is located 125 feet south of Sherwood Boulevard, approximately 650 feet
east of Military Trail, and to the rear (east) of the Emmanuel Catholic Church. The proposal
involves 8.27 acres of the 10.98 acre Christ the King Monastery of St. Clare site which was
originally constructed in the late 1960s as a monastery for the Poor St Clare Nuns.
The background and history of the project is noted in the attached Planning and Zoning Board
Memorandum Staff report of February 26, 2007.
This was originally scheduled to be considered by the City Commission on February 6, 2007.
However, on February 5, 2007, the applicant postponed the action as the site area of the
subject property considered for the Future Land Use Map change and rezoning was reduced
from 9.00 acres to 8.27 acres.
The revised petition now involves amending the Future Land Use Map designation from CF
(Community Facilities) to LD (Low Density Residential 0-5 du/ac) and rezoning from CF
(Community Facilities) to R-1-M for a 8.27 acre portion of the overall site. With this change
three (3) fewer lots are proposed and there is a resulting change in the lot number system.
As with the earlier proposal, the single family zoned parcels located along Sherwood Boulevard
would retain their current R-1-AM-B zoning classification. The proposed lots on the north and
south sides of Lakeview Boulevard extended would maintain a minimum size of 12,500 sq. ft.
each with minimum lot requirements as follows; lot width 100 ft., lot depth 110 ft., lot frontage
100 ft.
The revised concept plan now shows 23 single family lots within the area being amended.
Including that portion of the site which is currently zoned R-1-AAA-B, there is a total of 26 lots
depicted on the site plan.
Additionally, the proposed access from Sherwood Boulevard has been modified. Previously, a
two-way access was proposed to the existing priest's residence which narrowed to provide an
inbound, one-way access only to the proposed residential development. The modified
development plan shows an inbound, one-way access only to the proposed residential A
development. I () .
City Commission Documentation - Meeting of March 5, 2007
Christ The King Monastery of 8t Clare Future land Use Map Amendment and Rezoning and Associated Reduction of
Lot Frontage and Lot Width Requirements for Proposed Lots 17 and 22
At its meeting of February 26, 2007, the Planning and Zoning Board held a public hearing to
consider the request for Future Land Use Map amendment (small-scale) from CF (Community
Facilities) to LD (Low Density Residential 0-5 du/ac) and a rezoning from CF (Community
Facilities) to R-1-AA (Single Family Residential) for the subject property. Staff recommended
approval by adopting the findings of fact and law contained in the staff report, and finding that
the request is consistent with the Comprehensive Plan, and meets the criteria set forth in
Sections 3.1.1, 3.2.2, and 2.4.5(0)(5) of the Land Development Regulations and that to ensure
compatibility, recommended that Section 6 as stated below be incorporated into Ordinance 59-
06.
Section 6. That pursuant to Section 2.4.4 of the land Development Regulations,
to ensure compatibility, this Ordinance shall be conditioned upon lots 1-6, 21 and 26, as
shown on the attached exhibit "A", being a minimum size of 12,500 sq. ft. each with
minimum lot requirements as follows; lot width 100 ft., lot depth 110 ft., lot frontage 100
ft., front setback 35 ft., side street setback 17 ft., side interior setback 12 ft., rear setback
12 ft., and that the remaining property, not including the above mentioned lots, shall
consist of no more than 18 lots, each meeting the minimum standards of the R-1-AA
zoning requirements, except for lots 17 and 22 in which the lot frontage and lot width on
both lots shall be allowed to be reduced from the required 95 feet to 89 feet based on the
City Commission finding herein made that it is necessary and appropriate to allow the
reduction in order that compatibility can be accomplished.
Four residents spoke in opposition, and requested that the site has the same zoning as the
neighborhood; that the R-1-AAA-B zoning requirements with respect to lot sizes be extended
along the eastern perimeter and, that concerns with respect to traffic impact from the proposed
residential development and proposed monastery still remain and that the one-way entrance
from Sherwood Boulevard be addressed.
The Board discussed the proposal and offered the following comments, namely, that the traffic
impacts from the retired priests residence be via the Church's property if that retired priest's
home is tied to the church; that there has been significant compromise and that procedurally the
item is only being re-heard by the Planning and Zoning Board because of the reduction of the
site and the resulting loss of three lots.
The Board voted 3 to 1 (Gary Eliopoulos dissenting), to recommend that the request be
approved by adopting the findings of fact and law contained in the staff report, and finding that
the request is consistent with the Comprehensive Plan, and meets the criteria set forth in
Sections 3.1.1, 3.2.2, and 2.4.5(0)(5) of the Land Development Regulations.
The applicant is currently seeking a reduction to the lot requirements for Lots 17 and 22
(previously numbered Lot 20 and 25). Both Lots 17 and 22 are 11,036 square feet and although
they exceed the minimum lot area of 9,500 sq. ft. they do not meet the minimum lot frontage
and lot width requirement. Pursuant to LOR Section 4.3.4(K) "Development Standards Matrix"
a minimum lot frontage and lot width of 95 feet is required for corner lots. A proposed lot width
and lot frontage dimension of 89 feet is proposed for each lot. Pursuant to LOR Section
4.3.1 (D), lots or yards created after October 1, 1990 shall meet the minimum requirements
2
City Commission Documentation - Meeting of March 5, 2007
Christ The King Monastery of St Clare Future land Use Map Amendment and Rezoning and Associated Reduction of
Lot Frontage and Lot Width Requirements for Proposed Lots 17 and 22
established by Chapter 4 unless the City Commission declares at the time of approval of an
associated development application that it is necessary and appropriate to create such
nonconformity.
The justification provided by the applicant is attached and a summary of the reasons cited for
the reduction request is noted below:
"The reasons for the proposed reduction in the lot frontage and width requirements relate to the
restrictions being placed on other lots within the property contained in the Plan. The reason that
the other lots were restricted was to establish identical lot sizes to the lots immediately joining
them. This is a higher standard than is required for a future land use change or a rezoning. The
Plan has been revised so as to place a condition upon 5 lots in the northern quadrant of the
property that they be not less than 12,500 square feet. Increasing these lots sizes resulted in
reducing the lot frontage and widths for Lot 17 and 22. Even with this reduction, Lots 17 and 22
could allow for a home to be constructed with a width of 64 feet within the required setbacks,
which is generally speaking, as large as or larger than other homes in the area. Furthermore,
even with the reduction, Lots 17 and 22 will be 1,536 square feet larger than the lot size
required for the R-1-AA zoning district. Additionally, since corner lots require a width 20 feet
larger than interior lots, these lots are still 14 feet longer than interior lots would be.
Accordingly, the homes to be constructed on these lots will still meet the minimum lot size
requirement, allow for full size homes, and be in conformity with the surrounding neighborhood':
As the reduction in the lot frontage and lot width has been created in order to provide larger lots
adjacent to the neighboring properties it is proper for the City Commission to determine that the
reduction request is necessary and appropriate.
Approve the Future Land Use Map amendment from CF (Community Facilities) to LD (Low
Density Residential 0-5 du/ac) and rezoning from CF (Community Facilities) to R-1-AA
(Single Family Residential) for 8.27 acres of land lying within Christ the King Monastery of St.
Clare by adopting the findings of fact and law contained in the staff report, and finding that the
request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections
3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations; and pursuant to LDR
Section 4.3.1 (D) finding that the request for a reduction in the lot dimension requirements for
Lots 17 and 22 as shown on the attached Exhibit "A" is necessary and appropriate; and to
ensure compatibility recommend that Section 6 be incorporated into Ordinance 59-06.
Attachments:
· Ordinance No, 59-06
· Site Plan Exhibit "A"
· Justification Statement dated February 20, 2007 "Exhibit "B"
· Revised Survey
· Planning and Zoning Board Staff Report of February 26, 2007
3
ORDINANCE NO. 59-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING THE FUTURE LAND USE
MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE
PLAN FROM CF (COMMUNITY FACILITIES); TO LD (LOW
DENSITY RESIDENTIAL 0-5 DUlAC); ELECTING TO PROCEED
UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL
SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND
PLACING LAND PRESENTLY ZONED CF (COMMUNITY
FACILITIES) TO R-1-AA (SINGLE FAMILY RESIDENTIAL)
DISTRICT; PROVIDING FOR A MODIFICATION OF MINIMUM LOT
REQUIREMENTS AND SETBACKS FOR CERTAIN LOTS; SAID
LAND BEING A PARCEL OF LAND LOCATED 125 FEET SOUTH OF
SHERWOOD BOULEVARD, APPROXIMATELY 650 FEET EAST OF
MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRA Y BEACH,
FLORIDA, MARCH 2006"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Christ the King Monastery of St Clare, Inc., is the fee simple owner of a 8.27
acre parcel of land located approximately 125 feet south of Sherwood Boulevard, approximately
650 feet east of Military Trail; and
WHEREAS, the subject property hereinafter described has an existing Future Land Use Map
(FLUM) designation ofCF (Community Facilities); and
WHEREAS, the owner of the property requested to change the Future Land Use Map
designation from CF (Community Facilities) to LD (Low Density Residential 0-5 du/ac); and
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated March 2006, as being zoned CF (Community Facilities)
District; and
WHEREAS, at its meeting of February 26, 2007, the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted
3 to 1 to recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and does
further the objectives and policies ofthe 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 with the addition of conditions as permitted by Section
2.4.4 of the Land Development Regulations and as set forth below; and
WHEREAS, notice has been sent regarding the reduction of the minimum lot dimension
requirements as set forth in Section 4.3.1 ofthe Land Development Regulations; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the Future Land Use Map designation of the subject property is hereby
officially affixed as LD (Low Density Residential 0-5 dulac).
Section 3. That the City of Delray Beach elects to make this small scale amendment by
having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 4. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of R-l-AA District for the following
described property:
THE EAST 573.0 FEET OF THE WEST 1285.0 FEET OF THE SOUTH 760.0 FEET OF
THE NORTH 1595.0 FEET OF THE SOUTH HALF OF SECTION 24, TOWNSHIP 46
SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, LESS THE
FOLLOWING DECSRIBED PARCEL:
BEGINNING AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED
PARCEL; THENCE S.89027'28"E., ALONG THE NORTH LINE OF THE ABOVE
DESCRIBED PARCEL, A DISTANCE OF 125.00; THENCE S.ooOO'OO"W., A
DISTANCE OF 167.42 FEET; THENCE S.25021 '56"W., A DISTANCE OF 35.00 FEET;
THENCE S.ooOO'OO"W., A DISTANCE OF 385.50 FEET TO A POINT ON A CURVE
CONCAVE TO THE NORTHEAST HAVING A CENTRAL ANGLE OF 32024'36" AND
A RADIUS OF 61.00 FEET; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID
2
ORD NO. 59-06
CURVE, A DISTANCE OF 34.51 FEET; THENCE S.59008'26"W., A DISTANCE OF
139.21 FEET TO A POINT ON THE WEST LINE OF THE ABOVE DESCRIBED
PARCEL; THENCE N.ooOO'OO"E., ALONG THE SAID WEST LINE, A DISTANCE OF
689.83 FEET TO THE POINT OF BEGINNING.
P ARCEL CONTAINING 8.27 ACRES MORE OR LESS.
Section 5. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with
the provisions of Section 4 hereof.
Section 6. That pursuant to Section 2.4.4 of the Land Development Regulations, to ensure
compatibility, this Ordinance shall be conditioned upon lots 1-6, 21 and 26, as shown on the
attached exhibit "A", being a minimum size of 12,500 sq. ft. each with minimum lot requirements
as follows; lot width 100 ft., lot depth 110ft., lot frontage 100 ft., front setback 35 ft., side street
setback 17 ft., side interior setback 12 ft., rear setback 12 ft., and that the remaining property, not
including the above mentioned lots, shall consist of no more than 18 lots, each meeting the
minimum standards of the R-1-AA zoning requirements, except for lots 17 and 22 in which the lot
frontage and lot width on both lots shall be allowed to be reduced from the required 95 feet to 89
feet based on the City Commission finding herein made that it is necessary and appropriate to allow
the reduction in order that compatibility can be accomplished.
Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 8. 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 affect the validity of the entirety of this ordinance, and this ordinance shall be deemed
null and void.
Section 9. That this ordinance shall become effective as follows: thirty-one (31) days after
adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged,
the effective date of this amendment shall be the date a final order is issued by the Department of
Community Affairs, or the Administration Commission, finding the amendment in compliance with
Section 163.3184, F.S. No development orders, development permits, or land uses dependent on
this amendment may be issued or commence before it has become effective. If a final order of
noncompliance is issued by the Administration Commission, this amendment may nevertheless be
made effective by adoption of a resolution affirming its effective status, a copy of which resolution
shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard
Oaks Boulevard, Tallahassee, Florida 32399-2100.
3
ORD NO. 59-06
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
4
ORD NO, 59-06
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EXHIBIT u6t1
"^/E!NER & ARONSON, P.A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: mweiner@zonelaw.com
MICHAEL S. WEINER
CAROLE J. ARONSON
JASON S. MANKOFF
KERRY D. SAFIER
SHAYNA M. REITMAN
OF COUNSEL:
ROBERT MARC SCHWARTZ, P.A.
Florida Bar Board Certified
Real Estate Lawyer
February 20, 2007
Via Hand Delivery
Mr. Paul Dorling
Director of Planning and Zoning
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Re: Christ the King Monastery ofSt. Clare
Our File No.:. GIUA002
Dear Paul:
This letter is a justification regarding Section 4.3.1 (D) of the City of Delray Beach
Land Development Regulations ("LORs"). Section 4.3.1 (D) of the LDRs states that "No
yard or lot existing at the time of passage of this chapter shall be reduc,ed in area or
dimensions below the minimum requirements set forth herein~ Lots or yards cre(.lted after
October 1, 1990 shall meet the minimum requirements established by this chapter unless
the City Commission declares at the time of approval of an associated development
application that it is necessary and appropriate to create such a nonconformity~" .
In conjunction with prop.osed Ordinance 59-06, our client is requesting a reduction
for the lot frontage and lot width requirements for Lots 17 and 22 on the property
("Property") as shown on the attached plan ("Plan"). We are requesting a reduction in the
required interior corner lots in R-1-AA from 95 feet to 89 feet, equalling a reduction of 6 feet.
per lot. The proposed lot square footage, which is approximately 11,036 square feet, is
. larger than the minimum required 9,500 square foot lot size within the R-1-AA zoning
district. Additionally, the proposed lot depth of 124 feet is 24 feet greater than the
minimum 100 foot depth required in this zoning district.
The City Commission should be compelled at the time of the future land use map
change and rezoning to declare that it is necessary and appropriate to create such
nonconformity. The future land use change and rezoning is an approval of a development
so this is the appropriate time for a determination on this issue.
The reasons for the proposed reduction in the lot frontage and width requirements
relate to the restrictions being placed on other lots within the Property contained in the
O:\GIUA002\Lel1er to Paul Dorling re juslificalion.February 20, 2007.doc
Mr. Paul Dorling
February 20, 2007
Page 2 of 2
Plan. The reason that the other lots were restricted was to estabfish identical lot sizes to
the lots immediately joining them. This isa higher standard th~m is required for a future
land use change or a rezoning. The Plan has been revised so as to place a condition upon
5 lots in the northern quadrant of the Property that they be not less than 12,500 square
feet. Increasing these lot sizes resulted in reducing the lot frontage and widths for Lots 17
. and 22. Even with this reduction, Lots 17 and 22 could allow for a home to be constructed
with a width of 64 feet within the required setbacks, which is generally speaking, as large
as or larger than other homes in the area. Furthermore, even with the reduction, Lots 17
and 22 will be 1,536 square feet larger than the lot size required for the R-1-AA zoning
district. Additionally, since corner lots require a width 20 feet larger than interior lots, these
lots are still 14 feet longer than interior lots would be.
Accordingly, the homes to be constructed on these lots will still meet the minimum
lot size requirement, allow for full size homes, and be in conformity with the surrounding
neighborhood. Given the desire to create lots of an identical size to the lot sizes that border
the northern quadrant of the Property, decreasing these lots in the southern quadrant of
the Property by a mere 6 feet is necessary and appropriate.
Pleas, contact me should you need any ~dd;tional information.
Very Iy ~rs..
~. 0
Mic. e'S. einer .'
MSW: m .
Enclosure
Cc: Mr. Angelo Ray Giudice (wlo enclosures)
Mr. Jess Sowards (wlo enclosures)
Jason S. Mankoff, Esquire (w/o enclosures)
Shayna M. Reitman, Esquire (wlo enclosures)
Ms. Ashlee L. Vargo (wlo enclosures)
0:\GIUA002\Letter to Paul Darling re justification.February 20. 2007.doc
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9
MEETING DATE:
FEBRUARY 26, 2007
IV.A
AGENDA NO.:
AGENDA ITEM:
PRIVATELY SPONSORED FUTURE LAND USE MAP AMENDMENT
(SMALL SCALE) FROM CF (COMMUNITY FACILITIES) TO LD (LOW
DENSITY RESIDENTIAL 0-5 DUlAC) FOR A 8.274 ACRE PORTION OF
THE CHRIST THE KING MONASTERY OF ST CLARE AND REZONING
FROM CF (COMMUNITY FACILITIES) TO R-1-AA (SINGLE FAMILY
RESIDENTIAL)
The subject property is located 125 feet south of Sherwood Boulevard, approximately 650 feet
east of Military Trail, and to the rear (east) of the Emmanuel Catholic Church. The proposal
involves 8.274 acres of the 10.98 acre Christ the King Monastery of St. Clare site which was
originally constructed in the late 1960s as a monastery for the Poor Clare Nuns.
With adoption of the Comprehensive Plan in 1989, the subject property was designated CF
(Community Facilities) on the Future Land Use Map. Subsequently, with the Citywide rezoning
in October 1990, the property was rezoned from R-1-AAA-B to CF Community Facilities.
At its meeting of January 11, 2006, the Site Plan Review and Appearance Board approved a
Class V site plan to allow the construction of a new Monastery for the Poor Clare Nuns, which
included a sanctuary, living quarters, and administration offices. Subsequent to the site plan
approval, it was determined that the cost to build and maintain the proposed facility was
prohibitive and the development proposal was abandoned.
On August 21, 2006, the Planning and Zoning Board considered a request for a Future Land
Use Map (FLUM) amendment from CF (Community Facilities) to LD (Low Density Residential 0-
5 du/ac) and a rezoning from CF (Community Facilities) and R-1-AAA-B (Single Family
Residential) to PRD-5 (Planned Residential Development - 5 units per acre). At that meeting,
there was significant public comment opposing the proposed PRD (Planned Residential
Development) zoning category. Following public testimony, the Board continued the petition at
the request of the applicant in order for the applicant to work with the neighborhood groups.
On September 22, 2006, revised petitions were submitted. The new petitions involved amending
the Future Land Use Map designation from CF (Community Facilities) to LD (Low Density
Residential 0-5 du/ac) and rezoning from CF (Community Facilities) to R-1-AA for a 9.0 acre
portion of the overall site. With the revised petition, the single family zoned parcels located along
Sherwood Boulevard would retain their current R-1-AAA-B zoning classification and a portion of
the site (the northwest corner) would retain its CF (Community Facilities) zoning classification to
accommodate the relocated monastery use.
At its meeting of October 16, 2006, the Planning and Zoning Board held a public hearing to
consider the amended petition. Staff recommended approval of a compromise which required
modification of the request to provide R-1-AAA-B sized lots along the east property line where
they immediately abut R-1-AAA-B zoned lots within the Sherwood Park Subdivision. There was
considerable public testimony. Several residents spoke in opposition to the requested R-1-AA
IV. A
Planning and Zoning Board Memorandum Staff Report - Meeting of February 26, 2007
Christ The King Monastery of St Clare Future land Use Map Amendment and Rezoning
zoning district and suggested a zoning of R-1-AAA-B; or a combination of R-1-AA and
R-1-AAA-B. The residents also voiced concerns with respect to the traffic and its impacts on the
adjacent neighborhood street system and requested that access be obtained to Military Trail
through the Emmanuel Catholic Church site. The Board discussed the proposal and offered the
following comments, namely, that they had hoped some compromise could have been reached
with the access and this remained a major concern. They felt from a zoning perspective, the
proposed zoning was compatible. After discussing the proposal, the Board voted 5 to 0, to
recommend that the request be denied based upon findings that the request is inconsistent with
the Comprehensive Plan, and does not meet the criteria set forth in Sections 3.1.1, 3.2.2, and
2.4.5(0)(5) of the Land Development Regulations.
The City Commission considered the proposed requests at meetings held on November 21,
2006, December 5,2006, January 2,2007 and January 16, 2007.
On November 21, 2006, the City Commission approved on first reading Ordinance 59-06.
On December 5, 2006, the City Commission approved on first reading amended Ordinance 59-
06 and revised concept plan with Lots 1 - 6, 24 and 29 having a minimum size of 12, 500 sq. ft.,
and with the caveat that the balance of the site contain no more than 21 lots.
On January 2,2007, the City Commission considered on first reading amended Ordinance 59-
06 that reflected a revised concept plan showing Lots 1 - 6, 24 and 29 having a minimum size
of 12, 500 sq. ft. each and the remaining lots, with the exception of Lots 20 and Lot 25, meeting
the minimum standards of the R-1-AA zoning requirements. Both Lots 20 and 25 were 11,036
square feet, and although they exceeded the minimum lot area of 9,500 sq. ft., they did not
meet the minimum lot frontage and lot width requirement of 89 feet. Pursuant to LOR Section
4.3.1, the City Commission shall make a finding to allow the reduction in the lot dimension.
The City Commission continued Ordinance 59-06 to January 16, 2007, so that the ordinance
could be modified to add the requirement that the R-1-AAA-B building setback requirements
would be applied to lots 1-6, 24 and 29.
On January 16, 2007, the City Commission approved on first readinglfirst public hearing a
subsequently amended Ordinance 59-06, with the caveat that the conditions in Section 6 (size
and setbacks of the R-1-AAA-B for Lots 1-6 and 24 and 29) of the ordinance be applied as they
relate to compatibility with the adjacent neighborhood. Section 6 of said Ordinance 59-06,
considered by the City Commission on January 16, 2007, states:
"Section 6. That pursuant to Section 2.4.4 of the land Development Regulations, to
ensure compatibility, this Ordinance shall be conditioned upon lots 1-6, 24 and 29, as
shown on the attached exhibit "A", being a minimum size of 12,500 sq. ft. each with
minimum lot requirements as follows; lot width 100 ft., lot depth 110 ft., lot frontage 100
ft., front setback 35 ft., side street setback 17 ft., side interior setback 12 ft., rear setback
12 ft., and that the remaining property, not including the above mentioned lots, shall
consist of no more than 21 lots, each meeting the minimum standards of the R-1-AA
zoning requirements, except for lots 20 and 25 in which the lot frontage and lot width on
both lots shall be allowed to be reduced from the required 95 feet to 89 feet based on the
City Commission finding herein made that it is necessary and appropriate to create the
nonconformity in order that compatibility can be accomplished."
2
Planning and Zoning Board Memorandum Staff Report - Meeting of February 26, 2007
Christ The King Monastery of St Clare Future land Use Map Amendment and Rezoning
On February 5,2007, the applicant notified the City that the site area of the subject property
was being changed from 9.00 acres to 8.27 acres, due to the fact that the retired priest's site
would no longer be available for purchase for the future monastery site). With the revised
request, 1.069 acres of the overall site (not including the existing retired priest's residence site)
will remain CF (Community Facilities).
The revised petition now involves amending the Future Land Use Map designation from CF
(Community Facilities) to LD (Low Density Residential 0-5 du/ac) and rezoning from CF
(Community Facilities) to R-1-M for a 8.27 acre portion of the overall site. With this change
three (3) lots were eliminated. This has resulted in a change in the lot number system.
As with the earlier proposal, the single family zoned parcels located along Sherwood Boulevard
would retain their current R-1-AM-B zoning classification. The proposed lots on the north and
south sides of Lakeview Boulevard extended would maintain a minimum size of 12,500 sq. ft.
each with minimum lot requirements as follows; lot width 100 ft., lot depth 110ft., lot frontage
1 00 ft.
The revised concept plan now shows 23 single family lots within the area being amended.
Including that portion of the site which is currently zoned R-1-AM-B, there is a total of 26 lots
depicted on the site plan.
Additionally, the proposed access from Sherwood Boulevard has been modified. Previously, a
two-way access was proposed to the existing priest's residence which narrowed to provide an
inbound, one-way access only to the proposed residential development. The modified
development plan shows an inbound, one-way access only to the proposed residential
development.
The changes in the application relate to a reduction of the subject parcel from 9.00 acres to 8.27
acres.
It is should be noted that since the petition was reviewed by the Planning and Zoning Board
there has been a total reduction of six (6) lots. Under the plan previously reviewed by the
Planning and Zoning Board, an overall total of 32 lots were proposed with 29 of those lots
located within the proposed R-1-M zoned area. This equated to a density of 3.22 units per acre
(29 lots + 9.00 acres). Under the current development scenario a density of 2.78 units per acre
(i.e. 23 lots + 8.27 acres) is proposed.
Since the changes do not result in additional impacts the analysis and findings made in the
Planning and Zoning Board Staff Report of October 16, 2006 remain unchanged and are made
a part of the record.
The proposed FLUM designation of LD (Low Density Residential) and zoning of R-1-M is
consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development
3
Planning and Zoning Board Memorandum Staff Report - Meeting of February 26, 2007
Christ The King Monastery of St Clare Future land Use Map Amendment and Rezoning
Regulations. The existing CF Future Land Use Map designation and zoning does not allow the
redevelopment of the site for residential uses. Given the proposed demolition of the existing
monastery, the requested LD (Low Density Residential 0-5 du/ac) is appropriate and is
compatible with the surrounding Low Density Future Land Use Map designations. The proposed
R-1-AA zoning is compatible with the surrounding zoning designations, and is in keeping with
the mixed zoning pattern of R-1-AAA-B and R-1-AA that exists in the adjacent neighborhoods.
To increase compatibility it is recommended that the conditions contained in Section 6 of
Ordinance 59-06, stated below, are incorporated:
Section 6. That pursuant to Section 2.4.4 of the Land Development Regulations,
to ensure compatibility, this Ordinance shall be conditioned upon lots 1-6, 21 and 26, as
shown on the attached exhibit "A", being a minimum size of 12,500 sq. ft. each with
minimum lot requirements as follows; lot width 100 ft., lot depth 110 ft., lot frontage 100
ft., front setback 35 ft., side street setback 17 ft., side interior setback 12 ft., rear setback
12 ft., and that the remaining property, not including the above mentioned lots, shall
consist of no more than 18 lots, each meeting the minimum standards of the R-1-AA
zoning requirements, except for lots 17 and 22 in which the lot frontage and lot width on
both lots shall be allowed to be reduced from the required 95 feet to 89 feet based on the
City Commission finding herein made that it is necessary and appropriate to allow the
reduction in order that compatibility can be accomplished.
Although the lot numbers have changed, it should be noted the lot dimension and setback
requirements apply to the same lots as in the previous ordinance. Please note that the orevious
lot numbers 24 and 29 and now lot numbers 21 and 26; and orevious lot numbers 20 and 25
and now lot numbers 17 and 22).
Positive findings can be made with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings).
Approve the Future Land Use Map amendment from CF (Community Facilities) to LD (Low
Density Residential 0-5 du/ac) and rezoning from CF (Community Facilities) to R-1-AA (Single
Family Residential) for 8.274 acres of land lying within Christ the King Monastery of St Clare by
adopting the findings of fact and law contained in the staff report, and finding that the request is
consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1,
3.2.2, and 2.4.5(D)(5) of the Land Development Regulations and that to ensure compatibility,
Section 6 as stated above be incorporated into Ordinance 59-06.
Attachments:
· Future Land Use Map reflecting new site area
· Zoning Map reflecting new site area
· Revised Concept Plan Exhibit Received February 6, 2007
· Revised survey exhibit
· Ordinance No. 59-06
. Revised Future Land Use Map Amendment Justification Statement dated February 20, 2007
· Revised Statement of Reasons for Rezoning dated February 20,2007
· Letter from Michael S. Weiner, Esq. dated February 23, 2007
. Planning and Zoning Board Staff Report of October 16, 2006
· Letters of Petition
4
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CHRIST THE KING MONASTERY OF ST. CLARE, INC.
REQUEST FOR FUTURE LAND USE MAP AMENDMENT
JUSTIFICATION STATEMENT
REVISED 2-20-07
The need for this application to request a land use amendment from CF to LD is due to
changes in availability of land. When the original comprehensive plan for the City of Delray
Beach was adopted, this property was owned and used by Christ the King Monastery of St. -
Clare, Inc. and received the classification of the designation of Community Facilities. //
The original 34,060 sq. ft. building, built in 1967 on an 11.63 acre tract, is in deplorable
condition including water damage. Based upon the required repairs and complying with current
building codes, it was determined that the existing facility should be demolished.
In approximately 2003, a new 7,750 sq. ft. residence for retired priests was built on a
0.65 acre piece parceled out of the original 11.63 acres. However, due to changing trends and
conditions in their circumstances, the Poor Clare Nuns are now proposing to abandon the
existing facility which they can no longer maintain. As a result, the Nuns will construct a new but
smaller monastery on the existing parcel. This 1.069 acre parcel will be located on the west
side of the overall site and will be contiguous with the Retired Priests Home and Emmanuel
Catholic Church and will remain as CF land use. This will leave a large undeveloped parcel of
approximately 8.2732 acres to be changed to a LD residential use. The retired priests
residence of approximately 8,500 sq. ft. on the 0.65 acre site will remain with the Catholic
Church and the 1.64 acre parcel located on Sherwood Boulevard will remain as LD.
Proposed for the approximate 8.2732 acres balance are approximately 26 single family
lots. This would be a density substantially less than 5 units per acre.
The requested designation of LD is consistent with the predominately residential
community goal of the adopted Comprehensive Plan, consistent with the objective to
compliment adjacent land uses and fulfill policies by providing a variety of housing types to
accommodate the diverse makeup of the City's demographic profile to meet housing needs.
A traffic study has determined that the parcel, completely built out, will still meet
concurrency standards.
According to the FLUM map, the subject property is currently surrounded on the north by
LD (Low Density 0-5 units per acre), on the east by OS (Open Space - the Lakeview Golf
Course) and on the south and west by CF (Community Facilities - Conference/Other, church
property). Therefore, the land use designation of LD would be appropriate and compatible with
existing and future land uses of the surrounding properties.
Development under the requested designation will comply with the provisions and
requirements of the Land Development Regulations.
CHRIST THE KING MONASTERY OF ST. CLARE, INC.
REQUEST FOR REZONING
JUSTIFICATION STATEMENT
REVISED 2-20-07
There has been a change in circumstances which makes the current zoning
inappropriate. The 40 year old monastery is in a deplorable condition including water damage.
Since it is too costly to make repairs and maintain, the nuns in residence are proposing to
demolish the facility and move to a smaller site thus making +/- 8.2732 acres of vacant land
available for development. Single family residential R-1-M zoning is similar to the existing CF
zoning in intensity but more appropriate to the adjacent areas.
WEINER & ARONSON, P.A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
RECEIVED
F~8 2 3 2007
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: mweiner@zonelaw.com
P' I, f" 'I'\i !i\' (\ 0 "1n ~\IIMI~
Lr\l~dll~\:1 0l LUI~ liU
MICHAEL S. WEINER
CAROLE J. ARONSON
JASON S. MANKOFF
KERRY D. SAFIER
SHAYNA M. REITMAN
OF COUNSEL:
ROBERT MARC SCHWARTZ, P.A.
Florida Bar Board Certified
Real Estate Lawyer
02-23-07P12:10 RCVD
February 23,2007
VIA HAND DELIVERY
Susan Ruby, Esquire
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
Mr. Paul Dorling
Director of Planning and Zoning
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Re: Christ the King Monastery of St. Clare
Our File No.: GIUA002
Dear Susan and Paul:
This letter is being submitted to be included as part of the record maintained by the City of
Delray Beach ("City") for the above referenced project. It updates our letter of. February 1, 2007,
addressed to Susan Ruby, Esquire. The purpose of this letter is to summarize the evidence submitted
to date in connection with the requests for a Future Land Use Map ("FLU Mil) amendment and rezoning
as they relate to the above referenced project. These requests are consistent with the City's
Comprehensive Plan and Land Development Regulations ("LDR's"). Additionally, this letter will
demonstrate compliance with Florida Statutes Section 166.041, dealing with notice requirements for
municipal ordinances.
Future Land Use Map Amendment and Rezonina
In a letter previously submitted to your office, we have detailed the facts as to the required
findings for a FLUM amendment and rezoning. All requirements have been met. That letter is
attached as "Exhibit A." To summarize that letter, the proposed FLUM designation of Low Density
("LD") and proposed zoning of R-1-M is consistent with the policies of the Comprehensive Plan
and Chapter 3 of the LDR's. The existing Community Facilities ("CF") Future Land Use Map
designation and zoning does not allow the redevelopment of the site for residential uses. Due to
the demonstrated need of a change in circumstances, the requested FLUM designation of LD is
appropriate and is compatible with the surrounding LD FLUM designation. The proposed R-1-M
zoning is compatible with the surrounding zoning designations, and is within with the zoning pattern
that exists in the adjacent neighborhoods, including a mix of R-1-AM-B and R-1-M zoning
designations. To further increase compatibility, per the City's recommendation, the perimeter lots,
Lots 1-6, 21 and 26 have been increased in size and are above the minimum lot size required by.
R-1-AM-B. This increase in size of the perimeter lots has enhanced compatibility with adjacent
single family homes, but also required decreasing the lot frontage and widths for Lots 17 and 22 in
order to increase the lot size for Lots 21 and 26, which are along the northern perimeter under the
proposed development scenario. Additionally, R-1-AM-B building setbacks would be applied to
Lots 1-6, 21 and 26. Ajustification letter regarding these changes was previously submitted to the
O:\GIUA002\Letter to Susan Ruby and Paul Dorling.February 23 2007,doc
Susan Ruby, Esquire
Mr. Paul Dorling
February 23, 2007
Page 2 of2
City and is attached as "Exhibit B." This property is not within a "stable" or "stabilization" zone
according to the Residential Neighborhood Categorization Map. Additionally, platting and Building
Permits will be applied for at the appropriate time in compliance with the LOR's.
Florida Statutes Chapter 166.041 :
Procedures for Adoption of Ordinances and Resolutions.
The requirements set forth below apply to privately initiated ordinances, such as for this project,
that changes the zoning map designation of a parcel or parcels of land. Under Florida Statutes Chapter
166.041 (3)(a), which pertains to privately initiated rezonings, "a proposed ordinance may be read by
title, or in full, on at least two (2) separate days and shall, at least ten (10) days prior to adoption, be
noticed once in a newspaper of general circulation in the municipality. The notice of proposed
enactment shall state the date, time, and place of the meeting; the title or titles of proposed ordinances;
and the place or places within the municipality where such proposed ordinances may be inspected by
the public. The notice shall also advertise that interested parties may appear at the meeting and be
heard with respect to the proposed ordinance." For amendments to the Comprehensive Plan, notice
requirements pursuant to Florida Statutes Chapter 163.3187(1 )(c)(2)(a) state that a municipality must
comply with the notice provisions in Chapter 166.041. A review of the City's file demonstrates that the
state statutory requirements were met. The newspaper advertisement was first published in the Boca
Raton News/Oelray Beach News on Friday, February 23,2007, and is scheduled to run again on
Tuesday, March 13, 2007. The advertisement states the date, time and place of the City Commission
meetings, the title of the proposed ordinance, and where the proposed ordinance can be inspected by
the public. A py of this newspaper advertisementis attached as "Exhibit C."
0:\GIUA002\Letter to Susan Ruby and Paul Darling.February 23 2007,doc
EXHIBIT ((A)';
\i\!EINER & ARONSON, P.A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: mweiner@zonelaw.com
nlCHAEL S. WEINER
:AROLE J. ARONSON
ASON S. MANKOFF
:ERRY D. SAFIER
HAYNA M. REITMAN
OF COUNSEL:
ROBERT MARC SCHWARTZ, PA
Florida Bar Board Certified
Real Estate Lawyer
January 11, 2007
Susan Ruby, Esquire
City Attorney's Office
200 N.W. 1s1 Avenue
De/ray Beach, Florida 33444.
VIA HAND DELIVERY
Re: Christ the King Monastery of 51. Clare
Our File No.: GIUA002
Dear Susan:
On behalf of Christ the King Monastery of S1. Clare ("our c1ierit"). we wish to advise you under the
law, our client meets the standards for a Future Land Use MClP Amendment and a Rezoning. Below is an .
explanation of how the requirements are met in addition to presenting applicable case law regarding.
review standards the City of Delray Beach ("City") must apply in determining the approvals requested.
Satisfaction of the Requirements for a Future Land Use Map Amendment
Under Florida Statutes Section 163.3187(1 )(c), the proposed amendment qualifies as a
small scale development amendment for the following reasons: (i) The property is less than ten (10)
acres; (ii) The cumulative effect of the amendments processed in connection with this request do not
exceed one-hundred and twenty (120) acres within designated redevelopment and traffic
concurrency exception areas, or sixty (60) acres annually in areas lying outside the designated
areas; (Hi) The proposedamerldrrient does not involve the properly, or any other property belonging
to the sarne owner within two-hundred '(200) feet of the subject property, which has been granted a
change within the prior twelve (12) months; (iv) There is no text change required; (v) The property is
not located within an area of critical state concern; and (vi) The proposed residential density is less
than ten (10) units per acre. See Fla. Stat. ~ 167.3187(1)(c).
. The future land use change requested is for approximately nine (9) acres, but in no event is it
more than nine and ninety-nine hundredths (9.99) acres. The change requested is from Community
Facility ("CF") to Low Density ("LD"). This change is consistenl with the Future Land Use Map
("FLUM") because an LD designation is consistent with the residential zoning requested and the
subject property currenlly borders Open Space ("OS"), CF and LO designations.
FLUM Amendments must be based on findings that: (i) There is a demonstrated need for the
requested land use; (ii) The requested designation is consistent with lhe mosl recently adopted
Comprehensive Plan; (iii) Development at the highest intensity possible under the requesled
designation meels concurrency standards; (iv) The requested designation will be compatible with
O.\f;llIA002ILeller III Susan RlIby.JanllcHI' 11 2DDI.doc
Susan Ruby, Esquire
January 11, 2007
Page 2 of 4
existing and future land uses of the surrounding areas; and (v) Development under the requested
designation will comply with the provisions and requirements of the Land Development Regulations
("LOR's"). These findings are met as follows:
(i) Demonstrated Need: There is a demonstrated need for this requested change. The
single use of the facility for the Poor Clare Nuns has now been abandoned, presenting a
change in circumstances. The existing facility on the property can no longer be maintained
by the nuns due to its deplorable condition, including major water damage, The
demographic trend from 1967, to present, has been residential in the surrounding areas.
Additionally,fand availability within City limits for single family residential development is
scarce and much in demand.
(ii) Consistency: The proposed change is consistent with the City's Comprehensive Plan.
Policy A-2.3 of the Future Land Use Element states that development of remaining vacant
property should occur in a manner consistent with and complimentary to adjacent
development regardless of zoning designations. A single family residential development
would be consistent with that policy. Housing Element Policy A-2,3 states that in evaluating
proposals for new development or redevelopment, the City should consider the effect that
the proposal will have on the stabWty of nearby neighborhoods. Accordingly, circulation
patterns were reviewed, and in this particular instance the proposal has the least amount of
impact on Sherwood Boulevard and Lakeview Boulevard. Compared to the potential for
the existing monastery, the proposed new development would not negatively impact the
traffic patterns in the area. The proposed single family development will have little impact
on the surrounding area with regard to noise,odors, and dust. Therefore, in addition to the
fact that the 'present land use classification has 'greater impact on the neighborhood than
the proposed land use, the, proposed land:'use is more consistent with, and more
complimentary to the surrounding land use patterns:.
(Hi) Concurrency: Development, even at the highest intensity possible under the requested
designation can meet the adopted concurrency standards for traffic, solid waste, water and
sewer, parks and recreation, and schools. In fact, less than the highest density is being
proposed.
(iv) Compatibility: The proposed change is compatible with surrounding existing and
future FLUM designations. An LD designation is more consistent with the surrounding
areas than a CFdesignation. Additionally, LOis less intensive than a CF designation.
(v) Compliance: Development under the requested designation will comply with the
provisions and requirements of the LOR's, The proposed change is in compliance with the
LOR's and development of the property. will occur in accordance with those regulations,
including but not limited to review during the platting process.
Satisfaction of the Requirements for Rezoninq
The required findings for the Future Land Use Map Amendment, Consistency and
Concurrency requirements pursuant to Section 3.1.1 were discussed above,
Under Section 3,2.2, Standards for Rezoning Actions, Standard 3.2,2(A) does not apply in
this instance because the subject proper1y is not within a "stable" or "stabilization" zone according 10
the Residential Neighborhood Categorization Map, Section 32,2(B) does nol apply to this property
because it concerns AC zoning, Section 3,22(C) also does no! apply because this is not a
O:I(.J1I.lI,002ILeller 10 Susan Rllbl'.JanUal)' 11 2007.doc
Susan Ruby, Esquire
January 11, 2007
Page 3 of 4
commercial development Under Section 3,2.2(0), a level of compatibility with surrounding
designations is required, However, (he designation does nol have to be identical. Twenty-five
percent (25%) of the bordering designation is CF, thirty-five (35%) of the bordering designation is
OS and the remaining forty percent (40%) of the bordering designation is Residential. Therefore,
the subject property would be an area of transition so a designation of Single Family Residential (R-
1-M) is appropriate. Lastly, Section 3.2.2(E) does not apply because this is not a Coastal Planning
Area. In summary, all of the provisions relating to the standards for rezoning which do apply to this
submission are met.
Concerning compliance with the LOR's, platting will be required and building permits will be
applied for at the appropriate time, all in compliance with the LOR's,
Pursuant to Section 2.4.5(0)(5), the following two reasons for rezoning are applicable:
Section 2.4.5(0)(5)(b) where there is a change in circumstances which make the current zoning
inappropriate, and Section 2.4.5(0)(5)(c) where the requested zoning is of similar intensity as
allowed under the FLUM and that it is more appropriate for the property based upon circumstances
particular to the site and/or neighborhood. Circumstances have changed because the single
purpose use previously established is no longer viable and other CF uses would not be appropriate
for the area; R-1-AA is more appropriate and R-1-AA uses are of similar intensity, whereas CF is
not. We note, for the record, that the burden on our client is to establish a mor~ appropriate zoning
classification and not the most appropriate zoning classification. While we believe we have in fact
selected the most appropriate zoning classification, we are not held to that higher standard. '
. ,
Standard of Review for Small Sea'le Development Amendment
The Florida Supreme Court has held that small seale development amendments to a city's'
comprehensive plan, sought pursuant to Fla. Stat. 9 163.3187(1 )(c), "are legislative decisions which
are subject to the fairly-debatable standard of review." Coastal Oev. of N. Fla., Inc. v. City of
Jacksonville Beach, 788 SO.2d 204,210 (Fla..2001).
Standard' of Review for Rezoninq
The Florida Supreme Court has held that "a landowner seeking to rezone property has the
burden of proving that the proposal is consistent with the comprehensive plan and complies with all
procedural requirements of the zoning ordinance." Board of County Commissioners of Brevard
County v~ Snyder, 627 So.2d 469, 476 (Fla. 1993), Once the landowner meets that burden, the
burden then shifts to the governmental board who must "demonstrate that maintaining the existing
zoning classification with respect to the property accomplishes a legitimate public purpose." Id. The
local government is required to show by substantial competent evidence that the existing zoning
classification was enacted in furtherance of some legitimate public purpose and that the public
interest is legitimately served by continuing that classification. Lee County v. Sun belt Equities, II,
Ltd. Partnership, 619 So.2d 996,1007 (Fla. 2d DCA 1993).
Conclusion
Based on the above analysis, our client meels the necessary requirements for a FLUM .
amendment as well as a zoning change, The staff report concurs wilh that statement. While it is
lrue that changes 10 the land use are subject to a "fairly-debatable standard of review", it would be
difficult to believe thaI reasonable persons could differ on a change which was decreasing inlensity,
Since a fulure land use change to LD would no longer allow for commercial and public sector uses,
but would only allow for residential uses under the lowest density category allowed in ihe Cily, this
OIGIU,c\OO?ILeller 10 Susan RuL')' January I I :?007doc
Susan Ruby. Esquire
January 11, 2007
Page 4 of 4
standard is met.
As to the rezoning, our burden is to show that the proposal is consistent with the
comprehensive plan and that it complies with all of the procedural requirements of the zoning
ordinance. See Snyder, 627.So.2d at 476. The requested change is both consistent with the City's
comprehensive plan and compliant with the procedural requirements of the zoning ordinance. By
virtue of the staff report and documents made part of the record, including this letter, the burden has
shifted. The City thus now has the burden of showing through substantial competent evidence that
the existing zoning classification was enacted for a legitimate public purpose and that the public
interest is legitimately served by continuing that classification in order to deny the request for
rezoning. See Sunbelt Equities, .6'~ 9 So,2d at 1007.
~ ./
V~Yo&~, ~y/,.
A~~~~.ESq. ~
MSW:smr / . .,.
Cc: Shayna M. Reitman, Esq.
Mr. Angelo Ray Guidice
Mr. Jess Sowards
O\GIUA002\L eller 10 Susan Ruby..'anu",r)' 11 2007.doc
EXHIBIT ""..
WE!NER & ARONSON, P.A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Defray Beach, Florida 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: mweiner@zonelaw.com
MICHAEL 5. WEINER
CAROLE J. ARONSON
JASON 5. MANKOFF
KERRY D. SAFIER
SHAYNA M. REITMAN
OF COUNSEL:
ROBERT MARC SCHWARTZ, P.A.
Florida Bar Board Certified
Real Estate Lawyer
February 20, 2007
Via Hand Delivery
Mr. Paul Darling
Director of Planning and Zoning
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Re: Christ the King Monastery o1'St. Clare
Our File No.: GIUA002
Dear Paul:
This letter is a justification regarding Section 4.3.1 (D) of the City of Delray Beach
Land Development. Regulations ("LDRs"). Section 4.3.1 (D) of the LDRs states that "No
yard or lot existing at the time of passage of this chapter shall be reduced in area or
dimensions below the minimum requirements set forth herein. Lots or yards creQted after
October 1, 1990 shall meet the minimum requirements established by this chapter unless
the City Commission declares at the time of approval of an associated development
application that it is necessary ahd appropriate to create such a nonconformity." '
In conjunction with proposed Ordinance 59-06, our client is requesting a reduction
for the lot frontage and lot width requirements for Lots 17 and 22 on the property
("Property") as shown on the attached plan ("Plan"). We are requesting a reduction in the
requ ired interior corner lots in R-1-AA from 95 feet to 89 feet, equalling a reduction of 6 feet
per lot. The proposed lot square footage, which is approximately 11,036 square feet, is
larger than the minimum required 9,500 square foot lot size within the R-1-AA zoning
district. Additionally, the proposed lot depth of 124 feet is 24 feet greater than the
minimum 100 foot depth required in this zoning district.
The City Commission should be compelled at the time of the future land use map
change and rezoning to declare that it is necessary and appropriate to create such
nonconformity. The future land use change and rezoning is an approval of a development
so this is the appropriate time for a determination on this issue.
The reasons for the proposed reduction in the lot frontage and width requirements
relate to the restrictions being placed on other lots within the Property contained ill the
O:\GIUA002\Leller 10 Paul Dorling re juslificalionFebruary 20, 2007.doc
Mr. Paul Dorling
February 20, 2007
Page 2 of 2
Plan. The reason that the other lots were restricted was to establish identical lot sizes to
the lots immediately joining them. This isa higher standard than is required for a future
land use change or a rezoning. The Plan has been revised so as to place a condition upon
5 lots in the northern quadrant of the Property that they be not less than 12,500 square
feet. Increasing these lot sizes resulted in reducing the lot frontage and widths for Lots 17
and 22. Even with this reduction, Lots 17 and 22 could allow for a home to be constructed
with a width of 64 feet within the required setbacks, which is generally speaking, as large
as or larger than other homes in the area. Furthermore, even with the reduction, Lots 17
and 22 will be 1,536 square feet larger than the lot size required for the R-1-AA zoning
district. Additionally, since corner lots require a width 20 feet larger than interior lots, these
lots are still 14 feet longer than interior lots would be.
Accordingly, the homes to be constructed on these lots will still meet the minimum
lot size requirement, allow for full size homes, and be in conformity with the surrounding
neighborhood. Given the desire to create lots of an identical size to the lot sizes that border
the northern quadrant of the Property, decreasing these lots in the southern quadrant of
the Property by a mere 6 feet is necessary and appropriate.
Pleas, contact me should you need any additional information.
Enclosure
Cc: Mr. Angelo Ray Giudice (wlo enclosures)
Mr. Jess Sowards (wlo enclosures)
Jason S. Mankoff, Esquire (w/o enclosures)
Shayna M. Reitman, Esquire (w/o enclosures)
Ms. Ashlee L. Vargo (w/o enclosures)
O:\GIUA002\Leller 10 Paul Dorling re justification. February 20. 2007 doc
EXHIBIT '.C:1
CITY OF DELRAY BEACH
REZONING AND LAND USE
CHANGE
~
The City Commission will conduct two (2) Public Hearings for the purpose of accepting
public testimony regarding the proposed ordinance. The First Reading/First Public Hearing
will be held on MONDAY. MARCH 5 2007 at 7:00 P,M. in the Commission Chambers at
City Hall. 100 N.W. 1st Avenue. Delray Beach, Florida, If the proposed ordinance is
passed on First Reading. a Second Reading/Second Public Hearing will be held on
TUESDAY MARCH 20,2007 AT 7'00 P.M, (or at any continuation of such meeting which
is set by the City Commission) in the Commission Chambers at City Hall, 100 N.W, 1st
Avenue, Delray Beach, Florida, At the meeting the City Commission will consider a small
scale Future Land Use Map (FLUM) amendment FROM CF (Community Facilities) TO LD
(low Density Residential 0-5 dulac) and Rezoning FROM CF (Community Facilities) TO
R-l-AA (Single Family Residential) for a 8.274 acre portion of the Christ the King
Monastery of St. Clare.
ORDINANCE NO 59-06
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED
IN THE COMPREHENSIVE PLAN FROM CF (COMMUNITY FACILITIES); TO LD (LOW
DENSITY RESIDENTIAL 0-5 DUlAC); ELECTING TO PROCEED UNDER THE SINGLE
HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMEND-
MENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED CF
(COMMUNITY FACILITIES) TO R-l-AA (SINGLE FAMILY RESIDENTIAL) DISTRICT;
PROVIDING FOR A MODIFICATION OF MINIMUM LOT REQUIREMENTS AND
SETBACKS FOR CERTAIN LOTS; SAID LAND BEING A PARCEL OF LAND LOCATED
125 FEET SOUTH OF SHERWOOD BOULEVARD. APPROXIMATELY 650 FEET EAST
OF MILITARY TRAIL. AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRAY BEACH. FLORIDA, MARCH 2006"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE,
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All interested citizens are Invited to attend the public hearings and comment upon the
Future Land Use Map amendment and rezoning or submit their comments in writing on or
before the date of the hearings to the Planning and Zoning Department. For further
information or to obtain copies of the proposed amendment. please contact Jasmin Allen
of the Planning and Zoning Department. 100 N,W, 1st Avenue, Delray Beach. Florida
33444 (email atpzmail@mydelraybeach.com). phone (561 )243-7040. between the hours
of 8:00 a.m. and 5:00 p,m, on weekdays (excluding holidays).
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at the" hearings, such person will
need a verbatim record of the proceedings, and for this purpose such person may need to
ensure that a verbatim record of the proceedings is made. which record includes the
testimony and evidence upon which the appeal is based. The City does not provide or
prepare such record pursuant to ES. 286.0105,
CIl)' OF DELRAY BEACH
Chevelle D. Nubin, CMC
City Clerk
PUBLISH: Friday. February 23. 2007
Tuesday. March 13,2007
Boca Raton/Delray Beach News AD#NS0207303
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PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---ST AFFREPORT ___
MEETING DATE:
AGENDA ITEM:
ITEM:
October 16, 2006
IV.A
Future Land Use Map amendment from CF (Community Facilities) to LD (Low
Density Residential 0-5 du/ac) for a 9.00 acre portion of the Christ the King
Monastery of St Clare and rezoning from CF (Community Facilities) to R-1-AA
(Single Family Residential) (Quasi-Judicial Hearing).
GENERAL DATA:
Owner/Applicant......................... . Christ the King Monastery of
St Clare
Sister M. Veronica Butler
Jess Sowards
Located 125 feet south of
Sherwood Boulevard and
approximately 650 feet east
of Military Trail
Property Size.............................. 9.00 Acres
Future Land Use Map................ CF (Community Facilities)
Current Zoning..........................,. CF (Community Facilities)
Proposed Future Land Use Map LD (Low Density Residential
0.,.5du/ac)
R..1-AA (Single Family
Residential)
Adjacent Zoning................North: R-1-AAA-B (Single Family
Residential)
East: R-1-AAA-B (Single Family
Residential) in part and OSR
(Open Space and Recreation)
in part
South: OSR(Open Space and
Recreation) in part and CF
(Community Facilities) in part
CF (Community Facilities)
Church Monastery
Construction of 29 single
family residences
Water Service............................. Extension of water mains
from Sherwood Boulevard or
the Emmanuel Catholic
Church.
Sewer Service............................. Extension of sewer mains
from Sherwood Boulevard or
Sutton Place.
Applicant.... ... ...... ....... ... ........ .....
Agent......................................... .
Location..................................... .
Proposed Zoning
West:
Existing Land Use......................
Proposed Land Use....................
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SOCJlH COUNTY PROF:.
c:::EHlRE CONDO
The action before the Board is making a recommendation to the City Commission on a privately
initiated Small-scale Future Land Use Map (FLUM) amendment from CF (Community Facilities) to LD
(Low Density Residential 0-5 du/ac) and rezoning from CF (Community Facilities) to R-1-AA for a 9.00
acre portion of Christ the King Monastery of St Clare. The subject property is located 125 feet south of
Sherwood Boulevard, approximately 650 feet east of Military Trail, and to the rear (east) of the
Emmanuel Catholic Church.
Pursuant to LDR Section 2.2.2(E), the Local Planning Agency (Planning and Zoning Board) shall
review and make a recommendation to the City Commission with respect to all amendments to the
City's Future Land Use Map and rezoning of land.
Christ the King Monastery of St. Clare is located on a 10.98 acre parcel at the southwest corner of
Sherwood Boulevard and Sutton Place. The facility was originally constructed in the late 1960s. With
adoption of the Comprehensive Plan in 1989, the subject property was designated CF (Community
Facilities). With respect to the zoning history of the property, prior to October 1990, thezoning was R-
1-AAA-B. With the Citywide rezoning in October 1990, the property was rezoned to CF Community
Facilities.
With respect to development activity, at its meeting of January 11, 2006, the Site Plan Review and
Appearance Board approved a Class V site plan to allow the construction of a new Monastery for the
Poor Clare Nuns, which included a sanctuary, living quarters, and administration offices. Subsequent
to the site plan approval, it was determined that the cost to build and maintain the proposed facility
was prohibitive and the development proposal Was abandoned.
On August 21, 2006, the Planning and Zoning Board considered a request for a Future Land Use Map
(FLUM) amendment from CF (Community Facilities) to tD (Low Density Residential 0-5 du/ac) and a
rezoning from CF (Community Facilities) and R-1-AAA-B (Single Family Residential) to PRD-5
(Planned Residential Development - 5 units per acre). At that meeting, there was significant public
comment opposing the proposed PRD (Planned Residential Development) zoning category. Following
public testimony, the Board continued the petition at the request of the applicant in order for the
applicant to work with the neighborhood groups.
On September 22, 2006, revised petitions were submitted. The new petitions involve amending the
Future Land Use Map designation from CF (Community Facilities) to LD (Low Density Residential 0-5
du/ac) and rezoning from CF (Community Facilities) to R-1-AA for a 9.0 acre portion of the overall site.
With the revised petition, the single family zoned parcels located along Sherwood Boulevard would
retain their current R-1-AAA-B zoning classification and a portion of the site (the northwest corner)
would retain its CF (Community Facilities) zoning classification.
Florida Statutes 163.31873 - Small Scale Land Use Map Amendments:
This Future Land Use Map Amendment is being processed as a Small-Scale Development pursuant
to Florida Statutes 163.3187. This statute states that local government Comprehensive Plan Future
Land Use Map amendments directly related to proposed small scale development activities may be
approved without regard to statutory limits on the frequency of consideration of amendments (twice a
year), subject to the following conditions:
P & Z Board Staff Report Octobe. .0,2006
Christ the King Monastery of St Clare - FLUM Amendment and Rezoning
Page 2
o The amendment does not exceed 10 acres of land;
o The cumulative effect of the amendments processed under this section shall not exceed 120
acres within designated redevelopment and traffic concurrency exception areas, or 60 acres
annually in areas lying outside the designated areas;
o The proposed amendment does not involve the same property, or the same owner's property
within 200 feet of property, granted a change within a period of 12 months;
o That if the proposed amendment involves a residential land use, the residential land use has a
density of 10 units or less per acre;
o The proposed amendment does not involve a text change to the goals, policies, and objectives
of the local government's comprehensive plan, but only proposes a land use change to the
future land use map for a site-specific small scale development activity; and,
o The property that is the subject of a proposed amendment is not located within an area of
critical state concern.
The Future Land Use Map amendment involves a 9.00 acre portion of the overall 10.98 acre parce1.
Thus, the total area is less than the 10 acre maximum. The proposed amendment to LD (Low Density
Residential 0-5 du/ac) is less than the maximum 10 dwelling unit per acre limit set for residential land
uses. The property is not located within a designated redevelopment, urban infill, downtown
revitalization, or traffic concurrency exception area. This amendment along with other small-scale
amendments processed this year, outside the designated areas, will total 11.55 acres which will not
exceed 60 acres. The property has not previously been considered for a land use map amendment
nor has the same property owner's properties, within 200 feet, been granted a land use change, within
the last year. The amendment does not involve a text change to the Comprehensive Plan and it is not
located within an area of critical state concern.
Pursuant to land Development Regulation Section 3.1.1 (A) (Future land Use Map), all land
uses and resulting structures must be allowed in the zoning district within which the land is
situated and, said zoning must be consistent with the land use designation as shown on the
Future land Use Map.
The current CF zoning designation and CF (Community Facilities) Future Land Use Map designation
does not allow residential use. The Future Land Use Map amendment and rezoning is being sought to
accommodate a future single family development on the site. The proposed R-1-AA (Single Family
Residential) allows single family residences as principal use per LOR Section 4.4.3(8). Table L-7
"Land Use Designation/Zoning Matrix," of the Future Land Use Element, shows that the R-1-AA
zoning district is consistent with the LD Future Land Use Map designation. Thus, positive findings can
be made regarding consistency of the FLUM.
REQUIRED FINDINGS:
Future land Use Element Policv A-1.7: Amendments to the Future land Use Map must be
based upon the following findings:
o Demonstrated Need - That there is a need for the requested land use. The need must be
based upon circumstances such as shifts in demographic trends, changes in the
availability of land, changes in the existing character and FlUM designations of the
surrounding area, fulfillment of a comprehensive plan objective or policy, or similar
circumstances. The need must be supported by data and analysis. This policy shall not
apply to requests for the FlUM designations of Conservation or Recreation and Open
Space.
The applicant has provided the following justification statement:
P & Z Board Staff Report Octobe. .0, 2006
Christ the King Monastery of St Clare - FLUM Amendmentand Rezoning
Page 3
liThe need for this application to request a land use amendment from CF to LD is due to changes in
availability of land. When the original comprehensive plan for the City of Delray Beach was
adopted, this property was owned and used by Christ the King Monastery of St Clare, Inc. and
received the classification of the designation of Community Facilities- Conference Center/Other.
The original 34,060 sq. ft. building, built in 1967 on an 11.63 acre tract is in deplorable condition
including water damage. Based upon the required repairs and complying with current building
codes, it was determined that the existing facility should be demolished.
In 2003, a new 7,750 sq. ft. residence for retired priests was built on a .65 acre piece parceled out
of the original 11. 63 acres. However, due to changing trends and conditions in their circumstances,
the Poor Clare Nuns are now proposing to abandon the existing facility which they can no longer
, maintain. In addition to the retired priest residence an additional residence of approximately 8,500
sq. ft. is being proposed for the nuns. To accommodate this addition and provide open space for
the new facility, the property size will be increased from .65 acres to 0.99 acres, leaving a large
undeveloped parcel of approximately 9.00 acres available once the original facility is demolished.
Proposed for the 9.00 acres balance are 25 to 29 single family lots. This would be a density
substantially less than 5 units per acre.
The requested designation of LD is consistent with the predominately residential community goal of
the adopted Comprehensive Plan, consistent with the objective. to compliment adjacent land uses
and fulfill policies by providing a variety of housing types to accommodate the diverse makeup of
the City's.demographic profile to meet housing need.
A traffic statement has determined that the parcel, completely built out, will still meet concurrency
standards.
According to the FLUM map, the subject property is currently surrounded on the north and a
portion of the east by LD (Low Density 0-5 units per acre), on the east and south by OS (Open
Space - Lake View Golf Course) and on the west by CF (Community Facilities)- church property.
Therefore the land use designation of LD would be appropriate and compatible with existing and
future land uses of the surrounding properties. Development under the requested designation will
comply with the provisions and requirements of the Land Development Regulations. "
The requested FLUM amendment is based on the changes in the availability of land. The current
CF Future Land Use Map designation was tied to a specific existing use on the subject property.
Since this existing use is being relocated and constructed as a smaller facility on a 0.99 acre
portion of the subject property, the remaining 9 acres will be available for new development. Since
the current zoning and Future Land Use Map designation will not allow single family residential
development, which is the prevailing land use in the area, the changes are being sought. Given
the specific nature of the CF (Community Facilities) category and the fact that the specific use will
. no longer be on the majority of the site, the change is warranted. Therefore, positive findings can
be made with respect to fulfilling a demonstrated need.
o Consistency -- The requested designation is consistent with the goals, objectives, and
policies of the most recently adopted Comprehensive Plan.
Future Land Use Element Policv A-2.3: Development of remaining vacant properties shall occur in
a manner which is consistent with and complimentary to adjacent development regardless of
zoning designations. This policy shall be implemented through the review process associated with
platting and site plans.
P & Z Board Staff Report Oetobe. .6, 2006
Christ the King Monastery of St Clare - FLUM Amendment and Rezoning
Page 4
The subject site is partially vacant. With the proposed demolition and reconstruction of the
monastery, 9.00 acres of the site will be available for development. The proposed LD (Low
Density Residential 0-5 du/ac) is consistent with the surrounding Future Land Use designations.
The property is surrounded on the north and east by single family residences, on the west by the
Emmanuel Catholic Church and on the south and a portion of the east property line by the
Lakeview Golf Course. The FLUM designation of the surrounding properties is LD (Low Density
Residential 0-5 du/ac) for the residential uses, CF (Community Facilities) for Emmanuel Catholic
Church, and OS (Open Space) for the Lakeview Golf Course. As stated in the above policy,
development shall occur in a manner which is consistent with and complimentary to adjacent
development regardless of zoning designations. This policy shall be implemented through the
review process of platting for single family developments.
Housina Element Obiective A-3: For those areas identified as "stable residential" on the
Residential Neighborhood Categorization Map, the City shall implement the following policies to
ensure that they remain stable and do not decline:
Housina Element Policy A-3.2: The most restrictive residential zoning district that is applicable
given existing development patterns and typical lot sizes shall be applied to these neighborhoods
and affixed to the zoning map. Requests for rezonings to a different zoning designation, other than
Community Facilities, Open Space, Open Space and Recreation and Conservation shall be
denied.
The subject property is not identified as "stable" on the Residential Neighborhood Categorization
Map. The "stable" designation covers a broad area to the north and east of the site and at the
time, the designation was applied, the subject parcel was zoned CF and the monastery was not
considered residential. Therefore, the subject property is not subject to this provision. However,
consideration should be given to the compatibility of the proposal with respect to the prevailing
land uses. The following table details the lot size and dimensions of the surrounding residential
properties:
North side of subje.et Undeveloped
property (south side
of Sherwood Blvd)
North side of Single Family R-1-AAA-B 18,500 sq. ft. - 100' - 190' 185'
Sherwood Blvd. West Residential 35,150 sq. ft.
of Sutton Plaee
East side of property Single Family R-1-AAA-B 12,500 sq. ft. 100' 125'
North hal Residential
To the immediate north of the subject property, the lots fronting on the south side of Sherwood
Boulevard are owned by Christ the King of St Clare, Inc. and are proposed to retain the R-1-AAA-
Bzoning classification. The proposed lots in the R-1-M zoning, requested for the remaining 9.00
acres, will have a minimum lot area of 9,500 sq. ft. and minimum lot dimensions of 75'x100'
(interior lots) and 95'x100' (corner lots). The applicant is proposing lot sizes ranging from 9,545 sq.
ft. to 11,875 sq. ft. These lot sizes are slightly smaller than the surrounding lots which have a
minimum required dimension of 100' x 110'. It is recommended that the exterior lots immediately
adjacent to the abutting residential properties be increased in size to meet the minimum required
dimensions of 100' x 110' and a required minimum area of 12,500 sq. ft. This would require
reconfiguration of proposed Lots 4,9, and 10 and/or modification to a zoning classification of R-1-
AM-B for those lots. It is noted that the proposed Future Land Use Map change is from a non-
P & Z Board Staff Report Octobe. .6,2006
Christ the King Monastery of St Clare - FLUM Amendment and Rezoning
Page 5
residential land use designation (CF) to a residential designation (LD) which is the same as the
adjacent "stable" residential neighborhood.
Housinq Element Policv A-12.3: In evaluating proposals for new development or redevelopment,
the City shall consider the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall
be reviewed in terms of their potential to negatively impact the safety, habitability and stability of
residential areas. If it is determined that a proposed development will result in a degradation of
any neighborhood, the project shall be modified accordingly or denied.
Compared to the potential for the existing monastery, the proposed new development will
decrease the traffic in the surrounding area by 8 ADT (Average Daily Trips), but will increase the
PM peak hour trips by 14. This increase is not substantial and should not negatively impact the
traffic patterns in the area. The proposed single family will have little impact on the surrounding
area with regard to noise, odors, dust, and/or circulation patterns. The applicant has two access
points to the development, one at the western end of Lakeview Boulevard and the other on
Sherwood Boulevard. To minimize the impact on Sherwood Boulevard, it is important to note that
the access will provide two-way access to the proposed monastery and then narrow to provide an
inbound, one-way access only to the proposed residential development. This traffic circulation
pattern has been proposed to address neighborhood concerns over the project's traffic impacts.
Providing an entrance only would reduce the number of trips coming from Military Trail that would
be required to access the subdivision via Sutton Place.
o Concurrency -- Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
The proposal involves the FLUM amendment of 9.00 acres from CF to LD. At the maximum
density allowed under the LD FLUM designation (5 units. per acre), it would be possible to
construct 45 units. While the proposed development scenario will only contain a total of 29 single
family homes, the maximum number of units (9.00 acres x 5 du/ac = 45 units) which may be
accommodated under the LD FLUM designation has been analyzed for concurrency purposes.
, Traffic: The trip generation according to Table 10-8-3 "Fair Share Road Impact Fee Schedule"
Palm Beach County Traffic Performance Standards Ordinance for single family units is 10 ADT
(Average Daily Trips). Therefore, the redevelopment could generate a total of 450 ADT (Average
Daily Trips). It is noted that the existing use generates 328 trips (potential), resulting in a net
increase of 122 ADT. Since the most intensive use of the property under the proposed future land
use designation would generate less than 200 new ADT, a traffic study is not required. A copy of
the submitted 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 received prior to
subdivision plat approval. Given the level of service of the adjacent roadways, no issues with
respect to the ability of the project to meet traffic concurrency are anticipated. Based upon the
above condition of approval being addressed, a positive finding with respect to traffic concurrency
can be made.
Solid Waste: The Solid Waste Authority indicates that it has capacity to serve development in the
County at its current LOS of 1.99 tons per year for single family units for the life of the existing
landfill, which is anticipated for the year 2021. Under the maximum units which can be developed,
(45 single family units), the project would generate 89.55 tons per year. The potential annual solid
generation of the existing use is 102.7 tons: Consequently, the proposed FLUM amendment will
reduce the solid waste generation by 13.15 tons.
P & Z Board Staff Report Octobel .6, 2006
Christ the King Monastery of St Clare - FLUM Amendment and Rezoning
Page 6
Water & Sewer: Water service is currently provided via a 4" main from the Emmanuel Catholic
Church located to the west. This main will not be adequate to serve the proposed development
and thus the extension of either the 8" water main located along the north side of Emmanuel
Catholic Church or the 6" mains along Sherwood Boulevard and Sutton Place will be required.
Sewer services can be provided via the extension of the existing 8" sewer mains located within
Sherwood Boulevard and Sutton Place rights-of-way. Pursuant to the Comprehensive Plan,
treatment capacity is available at the City's Water Treatment Plant and the South Central County
Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings
can be made with respect to this level of service standard.
Parks and Recreation: Pursuant to Land DevelopmentRegulations (LOR) Section 5.3.2, a park
impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for
each unit. Based upon the maximum development potential under the LD FLUM designation of 45
dwelling units, a park impact fee of $22,500 will be required.
Schools: The Palm Beach County School District must approve the development proposal for
compliance with the adopted Level of Service for School Concurrency. A School Concurrency
approval has beer-! received for up to 48 single family homes.
o Compatibility - The requested designation will be compatible with the existing and future
land uses of the surrounding area.
As stated above the property is surrounded on the north and east by single family residences, on
the west by the Emmanuel Catholic Church and on the south and a portion of the east property
line by the Lakeview Golf Course. The FLUM designation of the surrounding properties is LD (Low
Density Residential 0-5 du/ac) for the residential uses, CF (Community Facilities) for Emmanuel
Catholic Church, and OS (Open Space) for the Lakeview Golf Course.
The requested designation of LD is compatible with the adjacent residential Future Land Use Map
designation. Therefore, positive findings with respect to compatibility can be made. The
conceptual plan indicates the development. of 29 single family lots for the subject property. It is
recommended that the single family lot sizes lying adjacent to the existing single family residences
(Lots 4,9, and 10) be increased to the minimum required in the R-1-AAA-B (100' x 110' with a
required minimum area of 12,500 sq. ft.) to enhance compatibility.
o Compliance - Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
Development of the property will occur in accordance with the City's Land Development
Regulations during the platting review process.
Within the R-1-M zoning district, single family detached dwellings are permitted as a principal use.
The applicant has submitted a conceptual plan that complies with the minimum lot dimensions
required in the R-1-M zoning category. However, as stated above additional consideration must
be given to providing larger sized lots along the eastern perimeter, where adjacent to existing
single family dwellings on larger lots. With the above modification, a positive finding with respect to
compliance with the Land Development Regulations can be made.
P & Z Board Staff Report Octobel .0, 2006
Christ the King Monastery of St Clare - FLUM Amendment and Rezoning
Page 7
Required Findinas: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development
applications, certain findings must be made in a form which is part of the official record. This
may be achieved through information on the application, the Staff Report or Minutes. Findings
shall be made by the body, which has the authority to approve or deny the development
application. These findings relate to the Future land Use Map, Concurrency, Comprehensive
Plan Consistency, and Compliance with the land Development Regulations.
Future land Use Map, Concurrency and Comprehensive Plan Consistency were previously
discussed under the "Future Land Use Map Amendment Analysisn section of this report. Compliance
with the Land Development Regulations with respect to Standards for Rezoning Actions and
Rezoning Findings are discussed below.
Consistency: Compliance with the performance standards set forth in Section 3.2.2
(Standards for Rezoning Actions), along with the required findings in Section 2.4.5{D) (5)
(Rezoning Findings), shall be the basis upon which a finding of overall consistency is to be
made. Other objectives and policies found in the adopted Comprehensive Plan may be used
in making a finding of overall consistency.
Section 3.2.2 (Standards for Rezonina Actions): Standards B, C and E are not applicable with
respect to this rezoning request. The applicable performance standards of Section 3.2.2 areas
follows:
(A) The most restrictive residential zoning district that is applicable given existing
development patterns and typical lot sizes shall be applied to those areas identified as
"stable" and "stabilization" on the Residential Neighborhood Categorization Map.
Requests for rezonings to a different zoning designation, other than Community
Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied.
· The surrounding residential area has been identified as stable on the Residential Neighborhood
Categorization Map. The adjacent residential properties are zoned R-1-AM-B (Single Family
Residential) and lie along the north and a portion of the east perimeter. The other adjacent
zonings include OSR (Open Space and Recreation to the east and south and CF (Community
Facilities) to the west and south. The "stable" designation is not applied to this property, as the
subject parcel was zoned CF, therefore this standard does not apply. Further, the proposed
change for 9 acres of the property is from a non-residential zoning district to a residential district
which is more in keeping with the adjacent "stable" residential designation. However, as noted in
the balance of this report, lot sizes around the perimeter of the site should be increased to be
consistent with adjacent lot sizes. It is recommended that these changes be' incorporated in a
subdivision plat and that the plat be approved concurrently with the concurrently with the effective
date of the rezoning ordinance.
(D) That the rezoning shall result in allowing land uses which are deemed compatible with
adjacent and nearby land uses both existing and proposed; or that if an incompatibility
may occur, that. sufficient regulations exist to properly mitigate adverse impacts from
the new use.
P & Z Board Staff Report October ,d, 2006
Christthe King Monastery of St Clare - FLUM Amendment and Rezoning
Page 8
The following zoning designations and uses border the property:
Direction
Zoninq
Uses
North
West
South
East
R-1-AAA-B
CF
OSR & CF
OSR & R-1-AAA-B
Single Family Residential
Emmanuel Catholic Church
Lakeview Golf Course and Duncan Center
Lakeview Golf Course and Single Family
The "Purpose and Intent" of all Single Family zoning districts under Section 4.4.3(A) states:
"The Single Family Residential Districts have been created in order to provide areas where the
traditional single family detached residences can be established and maintained and be
protected from the unwarranted intrusion of other inappropriate uses. Further, the Single
Family Residential Districts are established in compliance with provisions of Goal Area "A" of
the Comprehensive Plan which calls for the preservation and maintenance of stable
neighborhoods. n
As stated above, the proposed R-1-AASingle Family Residential zoning district is consistent
with the proposed LD (Low Density Residential 0-5) FLUM designation. Based on a minimum
lot size of 9,500 square feet, the maximum density allowed under the R-1-AA is 4.5 units per
acre (however, actual densities are reduced to accommodate roadways). Conversely, the
maximum density within the R-1-AAA-B is 3.48 units per acre, based on a minimum lot size of
12,500 square. feet. Based solely on average lot sizes (again absence of adjustment for
roadways) the densities within the surrounding neighborhood are 4.5 units in the R-1-AA
section of the Lakeview neighborhood and vary between 2 units per acre to 3.48 units per acre
in the R-1-AAA-B sections.
A comparison of the lot development standards pursuant to LDR Section 4.3.4(K) is provided
below:
SETBAcKS .
MINIMUM LOT LOT MINIMUM MINIMUM SIDE SIDE
LOT WIDTH LOT FRONTAGE FLOOR OPEN FRONT STREET INTERIOR
SIZE IIC DEPTH IIC AREA SPACE 1 &213 (7) 1&213 (7) 1 &213 (7) REAR HElGHT(4)
(sq.ft) (ft.) (ft) (ft) lsq. ft) (ft) (ft.) (ft) (ft.) (ft.)
IR.1.AAAB 12,500 100 110 100 1,500 25% 35 17 12 12 35
IR-1-M 9,500 75/95 100 75195 1,500 25% 30 15 10 10 35
While the development standards differ with respect lots sizes and setback requirements,
elements such as the minimum floor area, open space and height requirements are the same
for both zoning districts. As noted previously, the existing lots fronting on the south side of
Sherwood Boulevard which are owned by Christ The King Monastery of St Clare, Inc. will
remain R-1-AAA-B. Additionally, it is recommended that the lot sizes adjacent to the existing
single family residences on the east side of the property be increased to a minimum of 12,500
square feet in order to enhance compatibility with the existing single family neighborhood to
east.
The adjacent neighborhoods which will be most impacted by this zoning change are the
Sherwood Park and Lakeview Subdivisions. While the Sherwood Park Subdivision is zoned R-
1-AAA-B, the Lakeview Subdivision is comprised of both the R-1-AAA-B and R-1-AA zoning
classifications.
P & Z Board Staff Report October .0,2006
Christ the King Monastery of St Clare - FLUM Amendment and Rezoning
Page 9
Zonina Map of Surroundina Subdivisions
The difference in these zoning classification have existed in the neighborhood since the 1960's
and have not created any negative impact with respect to property values or traffic impacts.
Attached is a comparison of the appraised property values between the R-1-AAA-B and R-1-
AA zoning district sections of the surrounding neighborhood. No appreciative difference is
shown between the two zoning districts.
Section 2.4.5(0) (5) (Rezonina Findinas):
Pursuant to Section 2.4.5(0)(5} (Findings), in addition to provisions of Section 3.1.1, the City
Commission must make a finding that the rezoning fulfills one of the reasons for which the
rezoning change is being sought. These reasons include the following:
a. That the zoning had previously been changed, or was originally established, in error;
b~ That there has been a change in circumstances which make the current zoning
inappropriate;
c. That the requested zoning is of similar intensity as allowed under the Future land Use
Map and that it is more appropriate for the property based upon circumstances
particular to the site and/or neighborhood.
In the rezoning application, the applicant has indicated that there has been a change in circumstances
which makes the current zoning inappropriate. The applicant states:
"There has been a change in zoning which makes the current zoning inappropriate. The 40
year old monastery is in deplorable condition including water damage. Since it is too costly to
make repairs and maintain, the nuns in residence are proposing to demolish the facility and
move to a smaller site thus making 9.00 acres of vacant land available for development. Single
family residential (R-1-AA) is similar to'the existing CF zoning in intensity but more appropriate
to the adjacent areas.'Examples of allowable uses in CF are clubs and lodges, abused
spouse residences, child day care centers, community centers and swim and tenflis centers.
The proposed zoning change is contiguous to a City owned golf course, the new location for
the nuns, Emmanuel Catholic Church's retention pond and the single family residential uses." /
P & Z Board Staff Report Octobel .0,2006
Christ the King Monastery of St Clare - FLUM Amendment and Rezoning
"Page 10
Comment: The basis for which the rezoning is being sought most closely relates to Items "b" and "c".
The change in circumstances has been brought about with the availability of the site for development.
As stated previously, the existing monastery use is being demolished and constructed as a smaller
facility on a 0.99 acre portion of the subject site, thus allowing 9 acres to be available for new
development. The proposed R-1-M zoning designation will allow the development of a single family
residential project which maintains the prevailing Low Density FLUM designation which exists on the
adjacent residential neighborhood, north and east of the site.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall specifically be addressed by the
body taking final action on the development proposal.
As noted previously, compliance with the Land Development Regulations will occur during the
subdivision plat process, at which time, the layout of the site including the street system and lot
configuration will be approved.
The development proposal is not located within the geographical area requiring review by the CRA
(Community Redevelopment Agency) of the DDA (Downtown Development Authority).
IPARC Notice:
On October 5, 2006, a revised notice of the Future Land Use Amendment was provided to the
Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent
municipalities. No objections have been received.
Courtesy Notices:
A special courtesy notice was provided to the following Homeowners and Civic Associations:
· Neighborhood Advisory Council
· Presidents Council
· Shadywoods Homeowners Association
· Lakeview Civic Association
· PROD
· Sherwood Park Civic Association
· Hamlet
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Three letters of petition have been received and are attached. A request has been made by
the neighborhood association that the original petitions signed by the 340 residents be made a part of
the record. Additional letters of objections or support, will be presented at the Planning and Zoning
Board meeting.
The proposed FLUM designation of LD (Low Density Residential) and zoning of R-1-M is consistent
with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations.
The existing CF Future Land Use Map designation and zoning does not allow the redevelopment of
the site for residential uses. Given the proposed demolition of the existing monastery, the requested
LD (Low Density Residential 0-5 du/ac) is appropriate and is compatible with the surrounding Low
Density Future Land Use Map designation. The proposed R-1-AA zoning is compatible with the
P & Z Board Staff Report October I d, 2006
Christ the King Monastery of St Clare - FLUM Amendment and Rezoning
Page 11
surrounding zoning designations, and is in keeping with the zoning pattern that exists in the adjacent
neighborhoods which includes a mix of R-1-AAA-B and R-1-AA zoning designations. To increase
compatibility it is recommended that the perimeter lots (Lots 4, 9 and 10) are increased in size to the
minimum required by the R-1-AAA-B district. While this could be accommodated without modifying the
current zoning request, the only concrete way of assuring this would be to expand the area of R-1-
AAA-B zoning. Further, with an increase in size of the perimeter lots, compatibility with adjacent single
family homes can be enhanced. Positive findings can be made with respect to LOR Section
2.4.5(0)(5) (Rezoning Findings).
A. Continue with direction.
B. Move to table the Future Land Use Map amendment from CF (Community Facilities) to LD
(Low Density Residential 0-5 du/ac) and rezoning from CF (Community Facilities) to R-1-AA
(Single Family Residential) for 9.00 acres of land lying within Christ the King Monastery of St
Clare with direction that R-1-AAA-B zoning be requested for proposed Lots 4,9 and 10 of the
site.
C. Move a recommendation of denial to the City Commission for the Future Land Use Map
amendment from CF (Community Facilities) to LD (Low Density Residential 0-5 du/ac) and
rezoning from CF (Community Facilities) to R-1-AA(Single Family Residential) for 9.00 acres
of land lying within Christ the King Monastery of St Clare by adopting the findings of fact and
law contained in the staff report, and finding that the request is inconsistent with the
Comprehensive Plan, and does not meet the criteria set forth in Sections 3.1.1, 3.2.2, and
2.4.5(0)(5) of the Land Development Regulations.
D. Move a recommendation of approval to the City Commission for the Future Land Use Map
amendment from CF (Community Facilities) to LD (Low Density Residential 0-5 du/ac) and
rezoning from CF (Community Facilities) toR-1-AA (Single Family Residential) for 9.00 acres
of land lying within the Christ the King Monastery of St Clare site by adopting the findings of
fact and law contained in the staff report, and finding that the request is consistent with the
Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(0)(5)
of the Land Development Regulations subject to a simultaneous approval of a plat increasing
the perimeter lot sizes as identified in the report.
Move a recommendation of ,approval to the City Commission for the Future Land Use Map
amendment from CF (Community Facilities) to LD (Low Density Residential 0-5 du/ac) and rezoning
from CF (Community Facilities) to R-1-AA (Single Family Residential) for 9.00 acres of land lying
within Christ the King Monastery of St Clare by adopting the findings of fact and law contained in the
staff report, and finding that the request is consistent with the Comprehensive Plan, and meets the
criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(0)(5) of the Land Development Regulations with
the effective date of the rezoning ordinance concurrent with approval of a subdivision plat with the
perimeter single family lots adjacent to the existing lots within Sherwood Park Subdivision and
Lakeview Subdivision, Lots 4, 9 and 10 having a minimum required area of 12,500 square feet with
minimum dimensions of 100' (lot frontage), 100' (lot width), and 110' (lot depth), similar to the
requirements of the R-1-AAA-B zoning district.
Attachments:
· Survey
· Concept Plan
· Zoning Map
· Future Land Use Map
· Letters of Petition
· Appraised Value Comparison
Z
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MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER 4!ft il
AGENDA ITEM # 1 0.8 - REGULAR MEETING OF MARCH 20. 2007
ORDINANCE NO. 68-06 (SECOND READING/SECOND PUBLIC
HEARING)
TO:
FROM:
DATE:
MARCH 16, 2007
This ordinance is before Commission for second reading and second public hearing for city initiated
amendments to multiple sections of the Land Development Regulations (LDR) Section 1.4.3,
"Enforcement", Section 1.4.4, "Penalty", Section 2.2.6, "The Historic Preservation Board", Section
2.4.6, "Procedures for Obtaining Permits and Approvals", Section 3.2.4, "Standards for Specific Areas
or Purposes", Section 4.1.4, "Use of Lots of Record", Section 4.3.3, "Special Requirements for
Specific Uses", Section 4.4.17, "Residential Office District", Section 4.4.24, "Old School Square
Historic Arts District", Section 4.5.1, "Historic Preservation Sites and Districts", and Appendix "A",
Definitions, as recommended after a comprehensive review of the Delray Beach Historic Preservation
Design guidelines.
The Historic Preservation Board reconsidered the ordinance at their March 7, 2007 meeting and
voted to recommend approval by a 4-2 vote.
At the first reading on March 5, 2007, the Commission passed Ordinance No. 68-06.
Recommend approval of Ordinance No. 68-06 on second and final reading.
S:\City Clerk\AGENDA COVER MEMOS\Ordinance Agenda Mernos\Ord 68-06 2nd Reading 03,20.07,doc
~~
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FROM:
o'f;y
~~L DOR~~NG, ~ l' DI~RCT OF PLANNING AND ZONING
~,^,~f~ ., .
AYE. ~~~EZ, HISTORI ESERVATION PLANNER
MEETING OF MARCH 20, 2007
CITY INITIATED AMENDMENTS TO MULTIPLE SECTIONS OF THE LAND
DEVELOPMENT REGULATIONS (LDR) SECTION 1.4.3, SECTION 1.4.4,
SECTION 2.2.6, SECTION 2.4.6, SECTION 3.2.4, SECTION 4.1.4, SECTION 4.3.3,
SECTION 4.4.17, SECTION 4.4.24, SECTION 4.5.1, AND APPENDIX "A",
DEFINITIONS, AS RECOMMENDED AFTER A COMPREHENSIVE REVIEW OF
THE DELRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINES.
TO:
THRU:
SUBJECT:
Given concerns over the level and type of development affecting historic preservation efforts within
all five (5) of the City's historic districts, the City Commission, on April 18, 2006 implemented a six-
month moratorium. As a result, the consultant (REG Architects and Urban Design Studio)
prepared a revised set of Delray Beach Historic Preservation Design Guidelines, a Design
Guidelines supplement and made LOR amendment recommendations. These recommendations
have been codified and are contained in the attached amendments.
The primary purpose of the amendments is to provide clarification and an objective manner to
evaluate compatibility of new development applications with existing development in the historic
districts. The objective criteria will help both the development community and the Historic
Preservation Board determine what will be considered compatible development. Amendments are
also proposed to LOR Section 4.5.1 (F), Development Standards: Restrictions on Demolition, which
requires additional information and justification when any structure within a historic district is
proposed for demolition. This information has typically been requested from the applicant upon
first review by the Historic Preservation Board which then required the applicant to reappear before
the Board.
The major changes that will help define and promote compatible development include the
implementation of four tools such as: Buildina Heiaht Plane, Anale of Vision. Lot Coveraae, and
Infill Development Compatibility Survey. The Building Height Plane and Angle of Vision tools intend
to minimize the impact of development along the streetscape by providing no-build zones on the
front elevation both vertically and horizontally. Maximum lot coverages will be implemented based
on either the average lot coverage within the survey area, or the historic district (30% for Del-Ida
Park, Marina, Old School Square, and West Settlers and 35% for Nassau Street), whichever is
less. Additions to contributing structures will be able to increase their lot coverage by 5% above
the maximum lot coverage for that historic district. The Infill Development Compatibility Survey will
compare surrounding properties with proposed infill development to assure compatibility with
existing development on adjacent properties within the historic district. The survey will include the
four (4) structures across the street, two (2) on either side of the property and the abutting
propert(ies) to the rear. Further, "Infill Development" is defined within Section 4,5.1 and identifies
which proposals will require the use of the survey area, including new construction,
additions/alterations affecting the front fayade of an existing structure, or an alteration affecting
City Commission Documentation Addendum, March 20, 2007
HPB LOR Amendments - 2nd Reading
Page 2
more than 25% of the existing exterior building envelope, All other development will be subject to
the general visual compatibility requirements.
The Historic Preservation Board considered these amendments at their February 21, 2007
meeting and indicated that additional clarification was necessary. The Board's recommendation of
approval failed on a 1-5 vote. Clarifications were made to the ordinance and it was considered and
approved by the City Commission at First Reading on March 5, 2007. This ordinance was
reconsidered by the Historic Preservation Board at their March 7, 2007 meeting, at which time a
recommendation of approval was made on a 4-2 vote.
The Community Redevelopment Agency (CRA) considered the subject LDR Amendments
(Ordinance 68-06) at its meeting of February 22, 2007 and recommended that the subject LDR
amendments be further reviewed and revised. The consensus was not to support them in their
current "state." The Ordinance has since been revised to provide clarifications requested by the
HPB.
The Planning and Zoning Board considered the subject LDR amendments (Ordinance 68-06) at
its meeting of February 26, 2007. After much discussion, a motion to approve the amendments
was made. The aforementioned motion failed on a vote of 0-5. The Ordinance has since been
revised to provide clarifications requested by the HPB.
The Historic Preservation Board (HPB) considered the subject LDR amendments (Ordinance
68-06) at its meeting of March 7, 2007. After much discussion particularly regarding lot coverage
requirements/maximums, a motion was made to approve the amendments as presented. The
motion passed by a vote of 4-2 (John Miller and Linda Lake dissented).
The Pineapple Grove Main Street Committee considered the subject LDR amendments
(Ordinance 68-06) at its meeting of March 7, 2007. After much discussion, a motion to approve the
amendments failed by a vote of 2-4, with three members abstaining.
The Downtown Development Authority (DDA) considered the subject LDR Amendments
(Ordinance 68-06) at its meeting of March 12, 2007. After considerable discussion regarding
parking incentives in the RO zone district located in the Del-Ida Park Historic District, a motion to
approve the amendments as presented was made. The motion passed by a vote of 4-0,
The West Atlantic Redevelopment Coalition (W ARC) considered the subject LDR Amendments
(Ordinance 68-06) at its meeting of March 14,2007. After much discussion, the members voted to
abstain from making a recommendation as additional information and time for review would be
necessary.
By motion, approve the ordinance amending Land Development Regulations Section 1.4.3,
Section 1.4.4, Section 2.2.6, Section 2.4.6, Section 3.2.4, Section 4.1.4, Section 4.3.3, Section
4.4.17, Section 4.4.24, Section 4.5.1, and Appendix "A", Definitions, by adopting the findings of
fact and law contained in the staff report, and finding that the request is consistent with the
Comprehensive Plan and meets criteria set forth in Sections 1.1.6(A) and 2.4.5(M) of the Land
Development Regulations.
Il:rH
200-1
HISTORIC PRESERVATION BOARD
MEMORANDUM STAFF REPORT
DIlIlAY B[ACH
~
fliij!
1993
10Cll
DURAY BEACH
~~A'~ii
;iiii:
MEETING OF: MARCH 7, 2007
ITEM:
CITY INITIATED AMENDMENTS PERTAINING TO HISTORIC PRESERVATION AND
THE DELRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINES, TO
SECTIONS OF THE LAND DEVELOPMENT REGULATIONS (LDR) SECTION 1.4.3,
SECTION 1.4.4, SECTION 2.2.6, SECTION 2.4.6, SECTION 3.2.4, SECTION 4.1.4,
SECTION 4.3.3, SECTION 4.4.17, SECTION 4.4.24, SECTION 4.5.1, AND APPENDIX
"A", "DEFINITIONS, AS RECOMMENDED AFTER A COMPREHENSIVE REVIEW
OF THE LAND DEVELOPMENT REGULATIONS.
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation to the City Commission regarding City-
initiated amendments to the LDRs that resulted from a comprehensive review of the existing
regulations, as they relate to the City's five (5) historic districts.
BACKG
Given concerns over the level and type of development affecting historic preservation efforts within all
five (5) of the City's historic districts, the City Commission, on April 18, 2006, implemented a six-
month moratorium. During the moratorium, Staff worked with consultants (REG Architects and Urban
Design Studios) in conducting a series of public meetings with the property owners of the Historic
Districts. As a result, the consultant prepared a revised set of Delray Beach Historic Preservation
Design Guidelines, a Design Guidelines supplement, and made LOR amendment recommendations.
The HPB reviewed those recommendations at their meeting of November 1, 2006, where a
recommendation of approval was made to the Planning and Zoning Board. However, it was found that
the amendments did not completely reach the goal of providing an objective way of determining visual
compatibility of new development within the historic districts. Therefore, additional revisions were
made. All proposed changes to the LDRs previously reviewed by the Board at the meeting of
February 21, 2007 are listed and explained below:
1. Sections 1.4.3, "Enforcement" and 1.4.4, "Penalty", have been changed to state that neglect of
historic structures/structures in historic districts shall constitute a nuisance.
2. Section 2.2.6, "Historic Preservation Board", has been changed to state, Certificates of
Appropriateness shall be granted by the Historic Preservation Board by a majority of the
members present and voting instead of the current standard, which requires 4 votes to deny a
COA.
3. Section 2.4.6, "Certificate of Appropriateness," has been changed to state that Certificates of
Appropriateness shall require additional information such as demolition plans, window and door
descriptions, photos of all existing elevations, and an "Infill Compatibility Survey Area Form" as
applicable. The "Infill Compatibility Survey Area Form" will be required for all infill development
applications and requires a table showing the required data for each property located within the
survey area. A new section entitled, "Administratively-Reviewed Applications" was created. This
section references the matrix in the Historic Preservation Design Guidelines, which in turn,
provides which COA items require HPB versus Staff administrative approval.
LOR Amendments Relating to HPB Review
HPB Meeting of March 7, 2007
Page 2 of 7
4. Section 3.2.4, "Standards for Specific Areas of Purposes" added language to refer to the Historic
Preservation Design Guidelines and the Secretary of the Interior Standards for Rehabilitation.
5. Section 4.1.4, "Use of Lots of Record" added language to provide that variances may be granted
to lot size, dimension and setbacks for relocation of historic structures.
6. Section 4.3.3(Q), "Guest Cottage" added language that guest houses may not be taller than the
principal structure in a historic district, regardless of historic classification.
7. Section 4.4.17, "RO District" added language to provide incentives for residential historic
structure(s) in historic districts to be rehabilitated into office uses.
8. Section 4.4.24, "OSSHAD District" added language that public parking lots not associated with a
use are allowed as conditional uses in the OSSHAD District.
9. Section 4.5.1, "Historic Preservation Sites and Districts" added language to provide that all
development of historic properties/districts shall comply with goals, objectives and standards of
the Delray Beach Historic Preservation Design Guidelines, Secretary of the Interior Standards,
and the Comprehensive Plan; added language limiting chain-link fences to either green or black
vinyl and their installation to rear yards only; provided language clarifying parking lot alternatives
in historic properties/historic districts and providing that waivers from parking requirements of
4.6.9 may be granted by HPB; provided that redevelopment plans must be submitted with all
demolition applications, as well as additional requirements for demolition applications including a
submittal of a report from an architect/engineer that the building is damaged beyond repair at
reasonable cost, appraisal of property in current condition, as vacant land, and as restored
historic property, and documentation that reasonable efforts have been made to find an alternate
location for the structure; clarified that all infill development and improvements in historic
properties/historic districts shall be visually compatible; added additional compatibility
requirements for exterior materials, roof shapes, and directional expression of front elevation
dependant upon the survey area, added that fences over four feet (4') shall not extend past the
building plane where visible from public right-of-way and that design of swimming pool fences
shall not exhibit a stand alone appearance; added "First Floor Maximum Height" to be
established by a maximum mean roof height of 16'. Mean roof heights above 16' will be
considered multi-story structures.
10. Further changes to 4.5.1, "Historic Preservation Sites and Districts" introduce the following to
determine compatible development:
a. Added language defining "Survey Area" which consists of a sampling of structures
immediately surrounding the subject property, and establishing an "Average" which is
determined by the footprint square footage within the survey area;
b. Added language to determine "infill development", which refers to the construction of a new
structure on a vacant lot; additions involving any part of the front elevation, and/or the
construction, reconstruction, or alteration of twenty-five percent (25%) or more of the exterior
envelope of an existing structure and all appurtenances;
c. Added language regarding compatibility standards for garages and carports requiring that
the frontage shall not vary more than 10% from the average garage/carport frontage within
survey area, that the orientation shall be consistent with such structures in the survey area
further providing that they shall be oriented and entered from the side or rear of the infill
home and out of view from the public right of way, and that there shall be no more than one
garage with a capacity to hold more than two vehicles and contains single-bay doors only;
d. Added "Building Height Plane" technique which lays out a no-build zone on the front
elevation providing impact relief from the streetscape;
e. Added "Upper Floor Setbacks" to require that the height from finished floor elevation to
finished floor elevation or top of beam shall not exceed 12', and that upper stories provide an
LOR Amendments Relating to HPB Review
HPB Meeting of March 7, 2007
Page 3 of 7
additional 5' setback on each side elevation, unless the architectural style provides for a
continuous multi-story wall plane;
f. Added limitations to the allowed number of stories for new development dependant upon the
average number of stories which exist within the survey area;
g. Added lot coverage maximums limited to the lesser of the average within the survey area or
30% in Del-Ida Park, Marina, Old School Square, and West Settlers Historic Districts and
35% in Nassau Park with an additional 5% allowed when adding onto a contributing
structure,
h. Added specific language to achieve visual compatibility for additions to existing structures;
i. Added "Angle of Vision" formula to manage scale and mass of new construction along the
front elevation, keeping its streetscape impact to a minimum, with ratios specific to the use;
j. Added incentives for structures that otherwise meet all other visual compatibility standards
by allowing an increased "Angle of Vision" ratio for single-family structures, the ability to
exceed the "Building Height Plane" area provided that certain additional criteria are met, and
the ability to exceed the average survey area footprint up to either the average survey area
lot coverage or the lot coverage provided for the district, whichever is less, as long as the
second floor does not exceed fifty percent (50%) of the average survey area footprint.
11. Appendix "A", "Definitions" includes a definition of "Hardscape" and amended definitions of
"Contributing/Non-Contributing" to provide that buildings more than fifty (50) years old shall be
presumed to be contributing and those that are less than fifty (50) years old are typically
considered non-contributing.
After much discussion at the aforementioned February 21, 2007 meeting, a motion to approve with
recommendations for specific clarifications was made which failed 1-5. Those requested clarifications
have been made in the attached ordinance and are summarized below:
. "Number of Stories" - Clarified that the number of stories shall be represented as an average
measure of wholes and halves as opposed to fractions of wholes or halves. Structures with a
second-story component consisting of less than 50% of the first floor will be considered a one
and a half story structure, a second-story component consisting of more than 50% of the first
floor will be considered a two-story structure.
. "Incentives" - Added headings to each infill development incentive in order to clarify the
intention such as "Open Air Spaces", "Square Footage", and "Lot Coverage".
The attached ordinance (68-06) is now before the Board for recommendation to City Commission.
REQUIRED FINDINGS
LOR Section 2.4.5(M)(5) (Findinas): Pursuant to LOR Section 2.4.5(M){5) (Findings), in addition to
LOR Section 1.1.6(A), the City Commission must make a finding that the text amendment is
consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan.
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the
following applicable Objectives and Policies were noted:
FUTURE LAND USE ELEMENT:
GOAL AREA "A"
LAND WITHIN THE PLANNING AREA SHALL BE DEVELOPED OR
REDEVELOPED, TO ENHANCE THE EXISTING QUALITY OF LIFE,
COMPLIMENT EXISTING LAND USE AND RESULT IN A MIXED, BUT
PREDOMINANTLY RESIDENTIAL COMMUNITY WITH A BALANCED
ECONOMIC BASE.
LOR Amendments Relating to HPB Review
HPB Meeting 01 March 7, 2007
Page 4 of 7
Future land Use Element Objective A-4 The redevelopment of land and buildings shall provide for
the preservation of historic resources. The objective shall be met through continued adherence to the
City's Historic Preservation Ordinance and the following policies:
Future land Use Policy A-4.1 Prior to approval or recommending approval of any land use or
development application for property located within a historic district or designated as a historic site,
the Historic Preservation Board must make a finding that the requested action is consistent with the
provisions of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts
and the "Delray Beach Design Guidelines".
Future land Use Policy A-4.2 In order to protect the City's historic resources, the Land Development
Regulations shall include provisions for designation of historically significant buildings, structures,
archaeological sites, or districts. The City shall conduct periodic neighborhood surveys to identify and
evaluate potential historic resources.
HOUSING ELEMENT:
GOAL AREA "A"
TO MAINTAIN A SAFE AND ADEQUATE SUPPLY OF HOUSING BY
PRESERVING EXISTING STABLE NEIGHBORHOODS, STABILIZING
AND ENHANCING NEIGHBORHOODS THAT ARE IN TRANSITION, AND
RESTORING AND REHABILITATING NEIGHBORHOODS THAT HAVE
DECLINED.
Housina Element Objective A-10 The City shall support the conservation and rehabilitation of
historically significant housing, especially where such housing is an identifying characteristic of a
particular neighborhood.
Housina Element Policy A-10.1 This objective will be implemented in accordance with the standards
and criteria of Section 4.5.1 of the Land Development Regulations, Historic Preservation Sites and
Districts.
Housina Element Policy A-10.2 The City will promote the use of historic designations as a
revitalization tool in its preparation of Neighborhood Plans for those areas which have a significant
inventory of historic structures.
Housina Element Objective A-12 To assist residents of the City in maintaining and enhancing their
neighborhood environment, the City shall take steps to ensure that modifications in and around the
neighborhood do not lead to its decline, such as those described in the following policies.
Housina Element Policy A-12.4 The City will provide planning and technical assistance to implement
neighborhood-supported initiatives aimed at preserving the character of existing residential areas.
Such assistance may involve the formulation of regulations that would limit the size and scale of new
homes to be consistent with existing structures within a defined neighborhood, and analysis of the
housing inventory to determine if the area qualifies for designation as a historic district, and similar
measures.
Coastal Manaaement Element Policy B-2.1 The Marina Historic District shall embrace principles of
historic preservation and economic development in a sensitive and blending manner. See Objective
C-1 for the specific implementation program.
Coastal Manaaement Element Policy B-2.2 Individual historic structures shall continue to be
designated pursuant to the City's Historic Preservation Ordinance.
LOR Amendments Relating to HPB Review
HPB Meeting of March 7, 2007
Page 5 of 7
Coastal Manaaement Element Obiective C-1 The retention, rehabilitation, and protection of historic
resources as provided for in the City's Historic Preservation Ordinance shall continue to be applied in
the Coastal Planning Area. The Marina Historic District shall continue to be redeveloped with a
sympathetic blending of the demands of economic development and historic preservation.
Coastal Manaaement Element Policy C-1.1 The northern portion of the Marina District nearest
Atlantic Avenue shall be developed with the active participation of both the Historic Preservation
Board and the Community Redevelopment Agency.
Coastal Manaaement Element Policy C-1.2 The middle and southerly portions of the Marina District
shall continue to be enhanced through the renovation of existing single family and multi-family
structures, sensitive rehabilitation of historic structures, and new construction which is appropriate to
the historic district.
ANAL YSIS
The primary purpose of the amendments is to provide clarification and an objective manner to
evaluate compatibility of new development applications with existing development in the historic
districts. The objective criteria will help both the public and the Historic Preservation Board determine
what will be considered compatible development.
The revisions which deal with scale and compatibility are located in LOR Section 4.5.1 (E)(7). The
major changes that will help define and promote compatible development include "Building Height
Plane" calculations which provide a way of setting back the second story wall plane from the foremost
wall plane on the first story, providing impact relief along the streetscape. These changes also
establish a "First Floor Maximum Height" which determines that the height from finished floor
elevation to the top of the beam shall not exceed twelve feet (12') while the mean roof height shall not
exceed sixteen feet (16'). Structures with heights exceeding these limitations will be considered and
reviewed as multi-story. Further, "Upper Story Height and Setbacks" adds an additional setback of five
feet (5') on all additional stories of a multi-story structure, alleviating the impact that a full multi-story
wall plane may have. However, should the architectural style call for a full two-story wall plane. this
setback may not be required. There is also an established maximum wall plane height for upper
stories which requires that the height from finished floor elevation to finished floor elevation, for
structures containing more than two stories, or top of beam (tie or bond) for structures containing only
two stories, shall not exceed twelve feet (12'). An additional way of providing compatibility will be in
calculating an "Angle of Vision", which is located on the front fa<;ade and provides an area where
the building should be setback, either on one or both sides. This further reduces the impact of the
structure along the historic streetscape, providing additional compatibility with respect to scale.
Finally, the language within the Delray Beach Historic Preservation Design Guidelines which provides
guidance towards the appropriate design of additions has been added to the LDRs.
LOR Section 4.5.1 will also address "Lot Coverage" within the historic districts allowing up to either
the lesser of the average footprint square footage within the survey area, average lot coverage within
the survey area or either 30% in Del-Ida Park, Marina, Old School Square and West Settlers Historic
Districts, and up to 35% within Nassau Park. An additional 5% will be allowed when adding onto a
contributing structure located within any of the historic districts.
"Infill Development" is defined within Section 4.5.1 and identifies which proposals will require the use
of the survey area, including new construction, additions/alterations affecting the front fa<;ade of an
existing structure, or an alteration affecting more than 25% of the existing exterior building envelope,
All other development will be subject to the general visual compatibility requirements, as contained in
LOR Section 4.5.1 (E)(1 O)(a-m). An "Infill Development Compatibility Survey" of surrounding
properties will be required for infill development to assure compatibility with adjacent properties within
the historic district. This survey will compare the proposed improvement with the averages of the
LOR Amendments Relating to HPB Review
HPB Meeting of March 7, 2007
Page 6 of 7
following components within survey area: number of stories, garages/carports and their directional
orientation to the street, roof type and its directional orientation to the street, and the directional
expression of the structure. The survey will include the four (4) structures across the street, two (2) on
either side of the property and the abutting property(ies) to the rear, with the exclusion of all vacant
and commercial lots. The structures within the survey area with the largest and smallest applicable
measurements will be removed from consideration of the established "average".
Three incentives are also proposed for development applications which comply with the visual
compatibility standards. First, a single-family structure is required to maintain an "Building Height
Plane" ratio of 2:1. However, if open air spaces (porches, balconies, overlooks with open railings) are
provided on the first floor or the second floor, with the separation provided between floors on the front
and/or sides, the ratio may increase to 2:1.5. Second, up to 25% of the front elevation may extend into
the "Building Height Plane (BHP)", provided that at least 25% of the front elevation remains one-story.
However, the width of the portion extended into the "BHP" may not exceed a width of eighteen feet
(18'). Last, the footprint of infill development/structures may exceed the average for the survey area
provided the lot coverage does not exceed the average for the survey area or the maximum for the
district, whichever is less, and any second floor portion shall not exceed fifty percent (50%) of the
average survey area footprint.
All of the above LOR changes will provide an objective way to determine compatibility of new
development within the historic districts, with those additional incentives to provide for further design
flexi bility.
Changes are also proposed to LOR Section 4.5.1 (F), Development Standards: Restrictions on
Demolition, which provides review criteria when any structure within a historic district is proposed for
demolition. Additional language is provided requiring the property owner to submit information
regarding the state of disrepair, such as certified reports from a registered architect or engineer noting
the structural soundness of the property, and the costs to repair the structure and return it to a safe
and habitable condition. In addition, an appraisal of the property's condition upon application, value
as vacant land, potential value upon restoration, and documentation that reasonable efforts were
made to salvage the structure through relocation are also to be provided. This information has
typically been requested from the applicant upon first review by the Historic Preservation Board which
then required the applicant to reappear before the Board. LOR Section 4.5.1 (E)(6) states that
demolition within historic districts is regulated by the HPB. This section has been expanded to include
that demolition applications shall be accompanied by the complete redevelopment application, that
the two requests shall be reviewed and decided upon concurrently, and that the demolition permit
shall not be issued until the redevelopment building permit is issued. The intent is to avoid leaving
empty lots if the redevelopment project is not built and to provide time for the applicant to investigate
relocation of the structure.
Additional minor LOR revisions include the following: definition reVISions, language regarding the
neglect of structures and the enforcement of penalties, inclusion of items required in COA applications,
expansion of administratively approved items per the COA Approval Matrix, allowances for relief for
Lots of Record within a historic district, and height restrictions for accessory structures within a historic
district or on an individually designated property.
The Comprehensive Plan calls for new development and redevelopment to enhance the existing
quality of life by providing for the preservation of historic resources, the rehabilitation of historically
significant housing, and the promotion of historic designations as a revitalization tool. Further, the Plan
calls for Staff assistance in implementing neighborhood supported initiatives aimed at preserving the
character of existing residential areas including the formulation of regulations limiting size and scale of
new development within historic districts. The proposed amendments achieve the aforementioned
LOR Amendments Relating to HPB Review
HPB Meeting 01 March 7, 2007
Page 7 of 7
goals and policies. Therefore, a positive finding can be made that the amendments are consistent with
and further the Goals, Objectives, and Policies of the Comprehensive Plan.
The Community Redevelopment Agency (CRA) considered the LDR Amendments (Ordinance 68-
06) at its meeting of February 22,2007 and recommended that they be further reviewed and revised.
The Board consensus was not to support them in their current "state." (The version reviewed by the
CRA was the same version previously reviewed by the HPB on February 21,2007.)
The Planning and Zoning Board considered the LDR amendments (Ordinance 68-06) at its meeting
of February 26, 2007. After much discussion, a motion to approve the amendments was made. The
aforementioned motion failed on a vote of 0-5. (The version reviewed by the Planning and Zoning
Board was the same version previously reviewed by the HPB on February 21,2007.)
The Pineapple Grove Main Street committee will make a recommendation of the subject LDR
Amendments to the City Commission at its meeting of March 7, 2007.
The Downtown Development Authority (DDA) will make a recommendation of the subject LDR
Amendments to the City Commission at its meeting of March 12, 2007.
The West Atlantic Redevelopment Coalition (WARC) will make a recommendation of the subject
LDR Amendments to the City Commission at its meeting of March 14,2007.
Letters of objection and support, if any, will be presented at the meeting.
A. Continue with direction.
B. Move a recommendation of approval to the City Commission of the amendments to the Land
Development Regulations (LDRs) by adopting the findings of fact and law contained in the staff
report and finding that the request is consistent with the Comprehensive Plan.
C. Move a recommendation of denial to the City Commission of the amendments to the Land
Development Regulations (LDRs) by adopting the findings of fact and law contained in the staff
report and finding that the request is inconsistent with the Comprehensive Plan. (Motion to be
phrased in the affirmative. See above.)
Recommend approval to the City Commission of the amendments to the Land Development
Regulations (LDRs) by adopting the findings of fact and law contained in the staff report and finding
that the request is consistent with the Comprehensive Plan.
Prepared by: Amy E. Alvarez, Historic Preservation Planner
Attachments:
. Proposed LDR Amendment Ordinance,
ORDINANCE NO. 68-06
AN ORDINANCE OF THE CITI COMMISSION OF THE CITI OF
DELRA Y BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITI OF DELRAY
BEACH BY AMENDING SECTIONS 1.4.3, "ENFORCEMENT" AND
1.4.4, "PENALTY", PROVIDING THAT NEGLECT SHALL
CONSTITUTE A NUISANCE AND PROVIDING FOR
ENFORCEMENT AND PENALTIES; AMENDING SECTION 2.2.6,
"THE HISTORIC PRESERVATION BOARD", SUBSECTION (C),
"MEETING AND QUORUM", PROVIDING FOR VOTING;
AMENDING SECTION 2.4.6, "PROCEDURES FOR OBTAINING
PERMITS", SUBSECTION (H), "CERTIFICATE OF
APPROPRIATENESS FOR HISTORIC SITES, STRUCTURES, AND IN
HISTORIC DISTRICTS", BY PROVIDING DOCUMENTATION FOR
DEMOLITIONS; AMENDING SECTION 3.2.4, "STANDARDS FOR
SPECIFIC AREAS OR PURPOSES", SUBSECTION 3.2.4(E),
"HISTORIC DISTRICTS AND SITES", PROVIDING FOR AND
INCORPORATING THE DELRA Y BEACH HISTORIC
PRESERVATION DESIGN GUIDELINES AND THE SECRETARY
OF THE INTERIOR STANDARDS FOR REHABILITATION;
AMENDING SECTION 4.1.4, "USE OF LOTS OF RECORD",
SUBSECTION 4.1.4(E), TO PROVIDE FOR VARIANCES;
AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR
SPECIFIC USES", SUBSECTION (Q), "GUEST COTIAGE" TO
PROVIDE THAT HEIGHT SHALL NOT EXCEED THAT OF MAIN
STRUCTURE IN HISTORIC DISTRICTS; AMENDING SECTION
4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT", SUBSECTIONS
4.4. 17 (A), "PURPOSE AND INTENT", AND 4.4.17(G),
"SUPPLEMENTAL DISTRICT REGULATIONS", PROVIDING FOR
CONVERSION OF RESIDENTIAL STRUCTURES INTO OFFICE USE
IN HISTORIC DISTRICTS; AMENDING SECTION 4.4.24, "OLD
SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)",
SUBSECTIONS 4.4.24(D), "CONDITIONAL USES" AND 4.4.24(H),
"SPECIAL DISTRICT REGULATIONS", PROVIDING PUBLIC
PARKING LOTS NOT ASSOCIATED WITH A USE ARE ALLOWED
AS CONDITIONAL USES AND CLARIFYING SPECIAL DISTRICT
REGULATIONS; AMENDING SECTION 4.5.1, "HISTORIC
PRESERVATION SITES AND DISTRICTS", SUBSECTION 4.5.1 (B),
"CRITERIA FOR DESIGNATION OF HISTORIC SITES OR
DISTRICTS", 4.5.1 (E), "DEVELOPMENT STANDARDS", 4.5.1 (F),
"RESTRICTIONS ON DEMOLITIONS", 4.5.1(1), "HISTORIC
PRESERVATION BOARD TO ACT ON SITE PLANS, LANDSCAPE
PLANS AND ARCHITECTURAL ELEVATIONS", AND 4.5.1 (L),
"DESIGNATIONOF HISTORIC DISTRICTS", BY PROVIDING
CLARIFICATION REGARDING FENCES AND PARKING IN
HISTORIC DISTRICTS, COMPATIBILI1Y STANDARDS,
ADDITIONAL REQUIREMENTS FOR DEMOLITION
APPLICATIONS AND NAMES OF HISTORIC DISTRICTS; AND
AMENDING APPENDIX "A", "DEFINITIONS", TO PROVIDE A
NEW DEFINITION FOR "HARDSCAPE" AND AMENDING THE
DEFINITIONS FOR "CONTRIBUTING" AND "NON-
CONTRIBUTING" STRUCTURES; PROVIDING A SAVINGS
CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Delray Beach has the authority to protect the health,
safety and welfare of its citizens; and
WHEREAS, the City Commission of the City of Delray Beach has the authority to make regulations
pertaining to land use and development within the City of Delray Beach; and
WHEREAS, the City Commission of the City of Delray Beach believes that protecting and preserving
historic properties/ districts furthers its goals of promoting health, safety and welfare by preserving the history
of the City for the welfare of future generations; and
WHEREAS, the City Commission of the City of Delray Beach desires to preserve the property values
of all land owners in historic districts and/or individually designated historic properties; and
WHEREAS, the City Commission of the City of Delray Beach desires to clarify the language in its Land
Development Regulations pertaining to historic properties/ districts in order to provide guidance for those
citizens that live or own property in historic properties/districts.
NOW, THEREFORE, BE IT ORDAINED BY THE CI1Y COMMISSION OF THE CI1Y OF
DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 1.4.3, "Enforcement", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows:
2
ORD. NO. 68-06
Section 1.4.3 Enforcement:
(A) Code Enforcement Board/Hearing Officer and County Court: When The City
Code Enforcement Board/Hearing Officer and County Court in Palm Beach County shall have
concurrent jurisdiction to hear and decide cases seeking compliance with these regulations or an order
to correct a violation and when a hearing is sought with respect to an alleged violation, the matter shall
be decided by the Code Enforcement Board/Hearing Officer pursuant to Chapter 37 of the City Code.
.all A Certificate of Occupancy shall not be issued for any building, or structure, or portions
thereof, that fails to meet all applicable requirements of these Land Development Regulations. The use
of a building without proper issuance of a Certificate of Occupancy is a violation of Code and shall be
grounds for issuance of a stop work order or cease and desist order by the Chief Building Official, and
other remedies set forth herein.
.(Q Nothing herein shall prevent the City of Delray Beach from taking such other lawful
action deemed necessary to prevent or remedy any violation.
CO) The neglect of individually designated historic structures and/or structures located
within historic districts shall constitute a "nuisance" violation of the City's Code of Ordinances
pursuant to Section 100.10.
Section 2. That Section 1.4.4, "Penalty", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows:
Section 1.4.4 Penalty:
(A) Violation of the provisions of these Regulations, or failure to comply with any of its
requirements, including violations of conditions and safeguards established in connection with grants of
variances or conditional uses shall constitute a punishable violation. Any person who violates these
Regulations, or fails to comply with any of its requirements, may be issued a civil citation
pursuant to Section 37.45 of the City Code or a notice of violation pursuant to Chapter 37 of
the City's Code of Ordinances. and shall upon conviction thereof, be fined not more than $500 or
imprisoned for not more than 60 days, or both, and shall pay all costs and expenses involved in the
case. Each day such violation continues shall be considered a separate offense.
(B) The owner or tenant of any building, structure, premise, or part thereof, and any
architect, agent, builder, contractor, or other person who knowingly commits, participates in, assists in,
or maintains such violation, may each be found guilty of a separate offense, and suffer the penalties
provided herein.
(C) In addition to any and all other penalties, any person who carries out or causes to be
carried out any work in violation of Section 4.5.1 shall be required to restore the subject
improvement, building, site, structure, appurtenance, or landscape feature, either to its
appearance prior to the violation or in accordance with its certificate of appropriateness required by the
3
ORD. NO. 68-06
Historic Preservation Board.
(0) Structures that are individually designated as historic or are located in historic districts
shall be maintained in a secure and attractive manner. Neglect of historic structures/structures in a
historic district shall constitute a "nuisance" violation pursuant to Section 100.10 of the City's Code of
Ordinances and shall result in maximum penalties.
(B}.(E). Nothing herein shall prevent the City of Delray Beach from taking such other lawful
action deemed necessary to prevent or remedy any violation.
Section 3. That Section 2.2.6, "The Historic Preservation Board", Subsection 2.2.6(C), "Meetings
and Quorum", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, is hereby amended to read as follows:
(C) Meetings and Quorum:
(1) The Historic Preservation Board shall hold at least one regularly scheduled
business meeting each month and it shall be held in the evening hours.
(2) Four members of the Board shall constitute a quorum.
(3) Ne An application for a Certificate of Appropriateness shall be denied exeept by
the -.-ote of [om vatiflg members approved by a majoritqr of the members present and voting.
Section 4. That Section 2.4.6, "Procedures for Obtaining Permits", Subsection (H), "Certificate of
Appropriateness for Historic Sites, Structures and in Historic Districts", of the Land Development Regulations
of the Code of Ordinances of the City of Delray Beach, Florida is hereby amended to read as follows:
Section 2.4.6 Procedures for Obtaining Permits:
(H) Certificate of Appropriateness for Individually Designated Historic Structures,
Properties Sites and all Properties Located within ift Historic Districts:
(1) Rule: A Certificate of Appropriateness shall be required for the following
activities which occur on a designated historic site, designated historic interiors, or within
designated historic districts:
(a) Any site pb1.n development appHeation wllleh is proeessed \:lflder these
regulations for whieh aetion is reql:1ired by the Planning aftd Zoaiftg Board.
tB7W Any development application which is processed under these regulations
for which action is required by the Site Plan Review and Appearance Board or the
Board of Adjustment; and in such case, the Historic Preservation Board shall act in-lieu
of such Board.
4
ORD. NO. 68-06
fetDll Any building, structure, appurtenance, improvement, or
landscape feature, which will be erected, altered, restored, renovated, excavated,
relocated, or demolished and which regards any exterior architectural features (and
interior architectural features in the case of designated historic interiors), landscape
features, or site improvements, except for those items specifically exempted by a list
promulgated by the Director.
{d1W A Certificate of Appropriateness shall also be required for any material
change in existing walls, fences, roofs. windows. doors. sidewalks, hardscape features.
and changes of color.
A Certificate of Appropriateness is not required for general, occasional maintenance
of any historic building, interior, structure, or site, or any building or structure within a historic district.
General, occasional maintenance shall include, but not be limited to lawn and landscaping care and
minor repairs that restore or maintain the historic site or current character of the building or structure.
General, occasional maintenance shall not include any of the activities described and defined in
divisions (l)(a) through (l)(d) of this Section. A Certificate of Appropriateness will not be
required for any interior alteration (except for designated historic interiors), construction,
reconstruction, restoration, renovation, or demolition. General, occasional maintenance and repair shall
also include any ordinary maintenance which does not require a building permit from the City.
(2) Required Information:
(11) Referred De'".'f:lal'meftt ..A"'l'l'lieatiaBs: Wheft afl item is before the
Board through refen111 from another appro."al or re~;ie\li body, the s1:1hmisslofl ftMltenal
prCY;idea with the applieatiofl supplemcfltea \\I"ith additioaM informatiofl reqttirea by the
Boara shall. be prorJ'cided. }.. separate applieation is flat reqt1ired.
WW Stftad A.la&e Application: When an item goes before the Historic
Preservation Board or is reviewed administratively and it is not associated with any land
development application, the following information in the form of photographs or plans
shall be provided. as applicable:
{tt} 1:. Site plan and/or survey;
{b} 2. Building elevations, and/or architectural drawings, and/or
artistic sketches or renderings;
W 3. Landscaping plan;
{d14. Floor planes);
W 5. Samples of building materials and color chips;
{t16. Engineering reports, 8:3 applieable;
fg) 7. Other material as maJ be req\:lestea BY the Histoftt: Preservatiofl
5
ORD. NO. 68-06
Boara. Demolition Plans:
8. Window and door schedule providing specifications to include
but not be limited to window type. material configuration. dimensions. and
profile drawings:
9. Photographs of all existing elevations of the subject propert;y.
labeled with cardinal direction and address:
10. Other material as may be requested by the Planning and Zoning
Department or Historic Preservation Board.
11. Infill Compatibility Survey Area Form.
Also, a standard COA application form, accompanied by payment of a
processing fee per 2.4.3(K) must be provided.
(b) Class I-Class V Site Plan Applications: Applications for Class 1-
Class V Site Plans shall be submitted in accordance with Section 2.4.3 in conjunction
with additional information as required for a COA provided in (a). above.
(3) Procedure:
(a) RefetK6 De";elepmeet f...pplieatians: The Certifiate of
ApproprillteRess proeess shaY be incorporatea with the Rotffial processing of a
development llpplieatloR. Upon reeeipt of a complete applieatioR, the Phmniflg aRa
Zofting DepartmeRt shaY Rotify the Historic PreservatioR Board of reqtHred e.O.A.
actions. The applicatioR shaY be placed before the BOll1'd at its aext 117"a1kble meeting.
}~n aetion on the e.O.A. must preeede HnalaetioR OR the ae-;elopmeRt applieatioR.
tbtW SlaM ..\Ieee Applications that go before the Historic Preservation
Board: An application for a COA which does aot require review or aetioR by ltflotfler
B6itftl that requires Board approval as provided in the matrix set forth in the Delray
Beach Historic Preservation Design Guidelines shall be scheduled for review and action
at the next available meeting of the Historic Preservation Board, at which time an action
of approval, deniM, or approval of a modified application. continuance with direction. or
denial may be taken. The Historic Preservation Board shall apply applicable ordinances.
Historic Preservation Guidelines and Secretary of Interior Standards for Rehabilitation.
(9) Administratively-Reviewed Applications: An application for a COA
which does not require approval by the Historic Preservation Board as provided in the
matrix in the Historic Preservation Design Guidelines may be approved administratively
in accordance with applicable ordinances. Historic Preservation Design Guidelines. and
Secretat.y of the Interior Standards for Rehabilitation.
(4) Conditions: Conditions may be imposed pursuant to 2.4.4(C) and to insure
compliance with the Standards contained in 4.5.1.
6
ORD. NO. 68-06
(5) Findings: The Boara must ffiilke Prior to approval. a finding must be made that
any Certificate of Appropriateness which is to be approved is consistent with Historic
Preservation purposes pursuant to Objective A-4 of the Land Use Element of the
Comprehensive Plan and specifically with provisions of Section 4.5.1.. the Delray Beach
Historic Preservation Design Guidelines. and the Secretary of the Interior Standards for
Rehabilitation.
Section 5. That Section 3.2.4, "Standards for Specific Areas or Purposes", Subsection 3.2.4(E),
"Historic Districts and Sites", of the Land Development Regulations of the Code of Ordinances of the City of
Delray Beach, Florida, is hereby amended to read as follows:
Section 3.2.4 Standards for Specific Areas or Purposes:
(E) Historic Districts and Sites: That the proposed development is consistent with the
purpose and provisions of the Historic Preservation Overlay District pursuant to LDR Section 4.5.1.
and the Delray Beach Historic Preservation Design Guidelines and the Secretary of the Interior
Standards for Rehabilitation.
Section 6. That Section 4.1.4, "Use of Lots of Record", Subsection 4.1.4(E), of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to
read as follows:
7
ORD. NO. 68-06
Section 4.1.4 Use of Lots of Record:
Any lot, or parcel, which qualifies as a lot of record as set forth in these Regulations, but which does not
comply with respect to minimum lot area and minimum lot dimensions specified for the zoning district
in which it is located, may nevertheless be used (for purposes as allowed in that zoning district), as long
as it complies with all other requirements of that zoning district, subject to the following limitations:
(E) A variance for lot size. dimension and setbacks may be granted for the relocation of an
historic structure onto a lot regardless of the zoning district in order to protect the structure and assist
with protection of historic structures. If the relocation lot is not designated historic. then historic
designation shall be required in accordance with Section 4.5.1 (C) and shall be reviewed concurrently
therewith in order for a variance to be granted. All variance requests for relocation of historic structures
must be submitted to the Historic Preservation Board in accordance with Sections 4.5.1 (1)) and OJ for
consideration.
Section 7. That Section 4.3.3, "Special Requirements for Specific Uses", Subsection (Q), "Guest
Cottage", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, is hereby amended to read as follows:
Section 4.3.3 Special Requirements for Specific Uses:
(Q) Guest Cottage:
(1) Can only be used by members of the family occupying the principal dwelling,
their nonpaying guests, or persons employed for service on the premises.
(2) The structure shall not occupy more than 1/20th of the lot area and in no case
shall exceed a floor area of 700 square feet.
(3) The structure shall be located to observe the setback requirements as imposed
for the principal structure.
(4) When located on individually designated historic properties or within desigpated
historic districts. the structure shall not exceed the height of the principal structure.
Section 8. That Section 4.4.17, "Residential Office (RO) District", Subsections 4.4.17 (A), "Purpose
and Intent" and 4.4.17 (G), "Supplemental District Regulations", of the Land Development Regulations of the
Code of Ordinances of the City of Delray Beach, Florida, are hereby amended to read as follows:
8
ORl).~O. 68-06
Section 4.4.17 Residential Office (RO) District:
(A) Purpose and Intent: The Residential Office (RO) District provides for mixed use of a
neighborhood office and residential nature. The RO District is appropriate as:
(1) A transitional land use between a commercial or industrial area and a residential
area.
(2) An incentive zoning in older residential areas which are 1ll the need of
redevelopment or revitalization or are in a state of transition.
(3) To accommodate professional offices which will meet needs of nearby
neighborhoods.
(4) An incentive land use for historic districts and/or individually designated
historic properties to provide for the rehabilitation of residential structures into office use.
(G) Supplemental District Regulations: The supplemental district regulations as set forth
in Article 4.6 shall apply except as modified and added pursuant to the following:
(1) All uses shall be in completely enclosed buildings and any outdoor storage is
expressly prohibited.
(2) Parking required for business and professional offices shall be at the standard of
one space per three hundred square feet of total floor area (1/300). However, this requirement
may be reduced to 1/400, or at least by one parking space, when there is a mix of residential
and office use in the same structure or when there is an existing structure on a property located
within a designated historic district or an individually designated historic site.
Section 9. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)",
Subsections 4.4.24(D), "Conditional Uses and Structures Allowed" and 4.4.24(H), "Special District
Regulations", of the Land Development Regulations of the Code of Ordinances of the City of Dekay Beach,
Florida, are hereby amended to read as follows:
Section 4.4.24 Old School Square Historic Arts District (OSSHAD)
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the OSSHAD:
DELETED (1).L1ND (2).L1ND RENV,MBERED.
(1) Outdoor dining which operates at night or which is the principal use or purpose
of the associated restaurant.
(2) Adult Congregate Living Facilities, Residential Licensed Service Provider
Facilities subject to restrictions set forth in Section 4.3.3(D), Child Care, Adult Day Care,
Continuing Care, Convalescent Homes, and Nursing Homes.
9
ORJ).NO.68-06
(3) Public Parking lots not associated with a use.
(4) Residential-type inns, not to exceed more than eighteen (18) individually leased
suites or rooms per acre.
(5) Group Home, Type 2, and Community Residential Homes, pursuant to
restrictions set forth in Section 4.3.3(1).
(H) Special District Regulations:
(1) The gross floor area of residential units within a structure containing permitted
non-residential use(s) shall not ttSe exceed more than 50% of the gross floor area of the entire
structure within which they are located.
Section 10. That Section 4.5.1, "Historic Preservation Sites and Districts", Subsections 4.5.1 (B),
"Criteria for Designation of Historic Sites or Districts",. 4.5.1(E), "Development Standards", 4.5.1 (F),
"Restrictions on Demolitions", 4.5.1(1), "Historic Preservation Board to Act on Site Plans, Landscape Plans,
and Architectural Elevations", and 4.5.1(L), "Designation of Historic Districts" of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach, Florida, are hereby amended to read as
follows:
Section 4.5.1 Historic Preservation Sites and Districts:
(B) Criteria for Designation of Historic Sites or Districts:
(1) To qualify as a historic site, or historic district, or historic interior, or historic
structure. individual properties, structures, sites, or buildings, or groups of properties,
structures, sites, or buildings must have significant character, interest, or value as part of
the historical, cultura~ aesthetic, and architectural heritage of the city, state, or nation. To
qualify as a historic site or historic district, the property or properties must fulfill one or more of
the criteria set forth in division (2) or (3) below; to qualify as a historic interior the interior must
fulfill one or more of the criteria set forth in division (2) and meet the criteria set forth in
divisions (3)(b) and (3)(d).
(E) Development Standards: All development of individually desigp.ated historic properties
and/ or properties located within historic districts. shall comply with the goals. objectives. and policies of
these regulations. the Comprehensive Plan. the Dekay Beach Historic Preservation Desigp. Guidelines.
and the Secretary of the Interior Standards for Rehabilitation.
(1) Exterior Architectural Features. For the purpose of this Section, exterior
architectural features will shall include, but not be limited to the following:
(a) The architectural style, scale, general design, and general arrangement of
the structure's exterior;
10
ORD. NO. 68-06
(b) The type and texture of building material; and
(c) The type and style of all roofs, windows, doors, and signs.
(2) Survey Area. For the purposes of this section. the survey area shall be confined to
the historic district. and the term survey area shall mean:
(a) The two (2) nearest homes on each side of the lot to be developed if
homes are across public right-of-way. they are to be utilized:
(Q) Any home direcdy to the rear of the lot to be developed: and
(c) The four (4) nearest homes across the public right-of-way to the front of
the lot to be developed.
(d) If any of the lots on either side of the subject lot. or across the public
right-of-way is a vacant lot or a commercial lot. then it is to be removed from the
calculation. and replaced by the next nearest lot that is not a vacant or commercial lot.
(e) In the event that strict compliance with 4.5.1 (E) (2) (a). (h). or (c) above is
determined to be impossible due to topography. zoning or historic district boundaries.
city limits. or other logistical matters. the Director of the Planning and Zoning
Department shall determine the Survey Area as stricdy as possible in compliance with
4.5.1(E)(2) (a). (h). (c). and (d) above.
(3) Average. For the purposes of this section. the term "average" is hereby defined
as the sum of the applicable measurements for the existing homes located in the survey area.
excluding the homes with the highest and lowest measurement (unless there are four (4) or less
existing homes in the survey area). respectively. divided by the number of homes for which
measurements are included in the sum.
(4) Infill Development. Infill development standards shall not apply to
individually designated properties. sites. buildings and structures. For the purposes of this
section. the term infill development shall mean:
(a) construction of a new structure on a vacant lot: or
(h) additions involving the construction. reconstruction. or alteration of
any part of the front facade: or
(c) the construction. reconstruction. or alteration of twenty-five percent
(25%) or more of the exterior envelope of an existing structure and all appurtenances
thereto. For purposes of this section. all limitations and regulations shall be reviewed in a
11
ORD. NO. 68-06
cumulative manner from the date of passage of this ordinance March 20. 2007.
~)(5) Buildi~. Structures. Appurtenances and Parki!lR. The follow.fl1; Buildin~.
structures.appurtenances and parking shall only be moved, reconstructed, altered, or maintained,
in accordance with this chapter, in a manner that will preserve the historical and architectural
character of the building, structure, site, or district:
(a) B\:l:ildffi~, stmetl:lKs, app\:l1'teftanee3.
WW Appurtenances~ Appurtenances includes, but is are not limited to, stone
walls, fences, light fixtures, steps, paving, sidewalks, signs, and accessory structures.
ft. 1. Fences and WaIls:
to a. Chain-link fences shall be clad in a green or black vinyl
and shall only be used in rear yards. or where they are not visible from the
street.
ii: b. All other provisions in Section 4.6.5 shall apply.
2. Gar~es and Carports: Where a majority of existing structures
have garages or carports within the survey area. the infill may include a garage or
carport. Where a majority of existing structures do not have garages or carports.
those elements are to be discouraged from view of the public right-of-way.
a. The following compatibility standards shall apply to infill
development:
i. The gflf~e frontage shall not vary more than ten
percent (10%) from the average gflfage fronta~ within the survey
area.
ii. The orientation of ~ages and carports shall be
consistent with the majority of such structures within the survey
area. Where possible. gflfages and carports shall be oriented and
entered from the side or rear of the infill home. and out of view
from the public r:U?;ht of way.
111. Each home shall not have more than one Wlfa,ge
with a holding capacity of two (2) vehicles. Garages shall have
single bay doors only.
~(b) Parking:
1. Where feasible. alternative methods of meeting minimum parking
standards contained in Sections 4.6.9(c)(8) and/or 4.6.9(E)(8)(a) shall be explored
12
ORD. NO. 68-06
to avoid excessive use of historic properties and/or properties located in historic
districts for parking. Parking lots shall strive to contribute to the historic nature of
the properties/districts in which they are located rather than detract by use of
creative design and landscaping elements to buffer parking areas from historic
structures. At a minimum. the following options shall be considered:
a. Locate parking adjacent to the building or in the rear.
b. Screen parking that can be viewed from the public right-
of-way with fencing. landscaping. or a combination of the two pursuant to
Section 4.6.5.
c. Utilize existing alleys to provide vehicular access to
buildings.
d. Construct new curb cuts and street side driveways only in
areas where they are appropriate or existed historically.
e. Use appropriate materials for driveways. such as concrete
poured in ribbons.
f. Avoid driveway expansions and circular drives.
2. Waivers may be granted by the Historic Preservation Board for
relief of a literal interpretation of Section 4.6.9 upon presentation of confirmation
that adequate parking for a proposed use may be achieved by alternate means. as
confirmed by the City Engineer. and which are found to be in keeping with the
provisions and intent of the Dekay Beach Historic Preservation Design
Guidelines.
~.(0 Alterations. In considering proposals for alterations to the exterior of historic
buildings and structures and in applying development and preservation standards, the
documented, original design of the building may be considered, among other factors.
ffl.en Standards and Guidelines. A historic site, or building, structure, site,
improvement, or appurtenance within a historic district shall be altered, restored, preserved,
repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the
Interior's Standards for Rehabilitation and the Dekay Beach Historic Preservation Design
Guidelines, as amended from time to time.
~.(ID Relocation. Relocation of historic buildings and structures to other sites shall not
take place unless it is shown that their preservation on their existing or original sites is not
consistent with the purposes of this Section or would cause undue economic hardship to the
13
ORD. NO. 68-06
property owner.
t67.(2l Demolition. Demolition of historic sites, archaeological sites, or buildings,
structures, improvements, and appurtenances within historic districts will be regulated by the
Historic Preservation Board in the manner described in Section 4.5.1 (F). Applications submitted
for a demolition shall be accompanied by a complete application for redevelopment of the
propert;y. Approvals for demolition shall not be granted and the demolition shall not occur until
the redevelopment application has been approved and a building permit has been issued for the
redevelopment.
(7) The eOftstruetloa of new bttiltliftgs or stmemres, or the releeatloa, alteratioa,
rCeGft3truetiOfl, or major repair Of ftlftintefiaaee of a 80a eG8tribating buildffig Of sm:ldtlfe within
a de3igfiated historie distriet shaH meet the same eompatibility Sftt8dards as any ftUltertitl ehaage ift
the exterior appeara8ee of an emstiflg non eoatributffig building. ~'\ny ffiatertitl ehaage ift the
exterior appearanee of any emstffig non eoatribatffig buildffig, strueture, or llf'partenllftee in a
desigaated historic distfiet shltll he gt:aemlly eGffipatible with the form, proportion, ftUlSS,
eonaguntion, huildiftg fttlltefi:ftl, texture, color, llftd loeation of histoftt: huildiftgs, stftlet\:lfes, or
sites adjoining Of reasonably approxftrulte to the 80ft eoatribatffig ht1ildffig, stmet\:lfe, or site.
f81!1.ID Visual Compatibility Standards. Visual compatibility of infill development
within a designated historic district shall be determined by comparison to structures within the
survey area. Visual compatibility of all non-in fill development and til-improvements to buildings,
structures, and appurtenances within a dt:s~tcd histoftt: distriet shall be determined by
comparison to structures within the entire historic district .;isutily eOffif'atible. Visual
compatibility shall be determined in terms of by all of the following criteria. (a) throu.gh (n)
inclusive:
(a) Hei2ht: The height of proposed development buil~ or ffiotlifieatioas
shall be visually compatible in comparison or relation to the height of existing structures and
buildings in a historic district. Visual compatibility with relation to he~ht shall be determined
through application of the following height requirements:
1. Building Height Plane: The building height plane technique
helps set back the overall height of a building from the front propert;y line. The
higher the building the more setback is required.
a. The building height plane line is extended at an inclined
angle from the intersection of the front yard propert;y line and the zero
datum grade for a lot. or seven and one half feet above mean sea level
whichever is higher. The inclined angle shall be established at a 2:1 ratio
for single-family residential and duplex uses. and a 2:1.5 ratio for
Commercial. Mixed-Use and Multi-Family structures. See examples below.
14
ORD. NO. 68-06
I
~I
:::;.
;':.
ffil
g;1
[I
.-1
~I
:::1
MAX 35. HT
NO BUilD
ZONE
/ MAX 35 HT
/" 225'!. HISTORIC
:;:7- - - ..- - - - - -2 ST-ORVHf - - - ..----
~25 0 1
- 30 O. -.,,-.
-_._, 35 O_~-_________150 0
BUILDING HEIGHT PLANE
AT 2:1 RATIO
REAR
SETBACK
22,5'~ HISTORIC
---------2SfO~HT---------~
REAR
SETBACK
1500'
BUILDING HEIGHT PLANE
AT 2:1.5 RATIO
2.
First Floor Maximum Height:
a. Single-story structures or first floor limits shall be
established by:
i. Height from finished floor elevation to top of
beam (tie or bond) shall not exceed twelve feet (12').
.(1Q1
11. Mean Roof Height shall not exceed sixteen feet
111. Any portion exceeding these dimensions shall be
considered a multi-story structure.
tv. See example below:
3. Upper Story Height and Setbacks:
a. Height from finished floor elevation to finished floor
elevation or top of beam (tie or bond) shall not exceed twelve feet (12').
15
ORD. NO. 68-06
b. To respect the current neighborhood scale and space
between buildings. an increased upper floor side setback of five feet (5')
on each side shall be required. except for those architectural styles that
require a flush wall from one floor to the next (i.e.. mission). in which case
the additional five foot (5') setback shall be required for all floors.
4. Number of Stories: Number of stories for infill development
shall be within a half stot;y of the average number of stories of existing single-
family structures within the survey area. The number of stories shall be
represented as an average measure of wholes and halves as opposed to fractions
of wholes or halves (i.e. if the survey area consists of mosdy single story
structures. then the second stot;y square footage shall not exceed fifty percent
(50%) of the total square footage of the first floor.
(b) Front Fas:ade Proportion: The front fa<;ade of each building or
structure shall be visually compatible with and in direct relationship to the width of the
building and to the height of the front elevation of other adjacent or adjoining buildings
within a historic district.
(c) Proportion of Openings (Windows and Doors): The openings of any
building within a historic district shall be visually compatible with the openings
exemplified by the prevai1ing historic architectural styles within the district. The
relationship of the width of windows and doors to the height of windows and doors
among buildings within the district shall be visually compatible.
(d) Rhythm of Solids to Voids; Fraftt Faeatles: The relationship of solids
to voids ia the front faeaae of a building or structure will shall be visually compatible with
the ft.ont faeaae3 of historic buildings or structures within the district. with particular
attention paid to the front facades.
(e) Rhythm of Buildings on Streets: The relationship of buildings to open
space between them and adjoining buildings shall be visually compatible with the
relationship between historic sites, buildings, or structures within a historic district.
(t) Rhythm of Entrance and/or Porch Projections: The relationship of
entrances and porch projections to the sidewalks of a building shall be visually compatible
with the prevalent architectural styles of entrances and porch projections on historic sites,
buildings, and structures within a historic district.
(g) Relationship of Materials, Texture, and Color: The relationship of
materials, texture, and color of the facade of a building and/or hardscaping shall be
visually compatible with the predominant materials used in the historic sites, buildings,
and structures within a historic district.
16
ORD. NO. 68-06
1. All exterior finishes shall be either brick. stone. masonry. wood
masonry composite. or such other similar exterior finish as may be approved by
the Historic Preservation Board in the reasonable exercise of their professional
opilllon.
(h) Roof Shapes: The roof shape. including 1;ype and slope. of a building or
structure shall be visually compatible with the roof shape of the existing historic building
stock of a mstorlt: site, bWldffig, or stmemre within the subject ft-historic district or survey
area. as applicable.
1. For infill development. where a majoril;y of existing homes within
the survey area have a roofline that is parallel to the street. the infill structure shall
be so oriented. Where the main roofline of a majoril;y of the existing homes in the
survey area runs perpendicular to the street. the infill home shall be so oriented.
(i) Walls of Continuity: Appearances of a building or structure such as
walls, wrought iron, fences, evergreen landscape masses, or building facades, shall form
cohesive walls of enclosure along a street to insure visual compatibility of the building to
historic buildings, structures, or sites to which it is visually related.
1. Swimming pool fences shall be desigp.ed in a manner that
integrates the layout with the lot and structures without exhibiting a utilitarian or
stand-along appearance.
2. Fences and walls over four feet (4') should not extend past the
Building Plane where visible from the public tight-of-way.
G) Scale of a Building: The size of a building, the building mass in relation
to open spaces, windows, door openings, balconies,-Mtd porches. and lot size shall be
visually compatible with the building size and building mass of historic sites, buildings,
and structures within a historic district. To determine whether the scale of a building is
appropriate. the following shall apply:
1. Angle of Vision: The building angle of vision regulation is used
to manage the bulk of a building at or near the front setback line and is applied to
achieve compatibility. The wider the house. the more it will have to be set back.
1bis technique helps to reduce the shape of the building as it is perceived from the
street. The angle of vision shall be determined as follows:
a. Create a line perpendicular to the front yard property line.
b. Create two (2) forty degree (40j angles on either side of
17 ORD. NO. 68-06
the line extending from the intersection of the front propert;y line and the
perpendicular line.
i. The vertex of the angle can slide anywhere along
the front propert;y line to establishlidentify any areas of impact
where a structure cannot be built.
ii. For lots exceeding one hundred feet (100') in width.
the base angles of vision fort;y degrees (40") on either side) shall
both be increased by two degrees (2") for each ten feet (10') of
increased lot width up to a maximum of one hundred fort;y feet
140' wide. See exam Ie below.
r
~
li
tIT L
BUILDABLE
AREA
@
. gfT8A(".KAAFA
8U'lo.a.au: AMt:A . NO BUIlD AREA
(k) Directional Expression of Front Elevation: A building shall be visually
compatible with the buildings, structures, and sites in its directional character, whether
vertical, horizontal, or nondirectional.
1. For infill development. the infill structure shall have a similar
orientation to the street as the majority of the existing structures within the survey
area.
0) Lot Coverage: Lot Coverage is the area or "foot print" in the ground
plane within the building envelope occupied by the principal structure and any accessory
structures. Usually expressed as a percentage. the following lot coverage requirements
shall be applied to achieve compatibility and be determined by dividing the total square
18
ORD. NO. 68-06
feet under roof on the ground plane (building footprint) by the lot size (converted to
square feet). see example below:
1. Example: 2.625 Sq.Ft. on the ground plane -;- 7.500
Sq.Ft.(75' x 100' lot size)= 35% Lot Coverage.
2.
follows:
The maximum lot coverage for infill development shall be as
a. For infill development in all historic districts. the
maximum lot coverage shall be limited to the lesser of one
(1) of the following:
1. The average footprint of the survey area~ or
11. The average lot coverage of the survey area~ or
111. lbirty-five percent (35%) for Nassau Street
Historic District~ or
lV. Thirty percent (30%) for Del-Ida Park. Marina.
West Settlers. and Old School Square Historic
Districts.
3. Additions to contributing structures may increase lot coverage to:
a. Forty percent (40%) for Nassau Street Historic District~
and
b. Thirty-five percent (35%) for Del Ida Park. Marina. West
Settlers. and Old School Square Historic Districts.
(m) Additions to Existing Structures. Visual compatibility of additions to
existing structures shall be accomplished as follows:
1. Additions shall be located as inconspicuously as possible and to
the rear or least public side of a building.
2. Additions or accessory structures shall not be located in front of
the established front wall plane of a historic building.
3. Characteristic features of the original building shall not be
destroyed or obscured.
19
ORD. NO. 68-06
4. The addition shall be designed and constructed so that the basic
form and character of the historic building will remain intact if the addition is ever
removed.
5. Additions shall not introduce a new architectural style. mimic too
closely the style of the existing building nor replicate the orWnal design. but shall
be coherent in design with the existing building.
6. Additions shall be secondary and subordinate to the main mass of
the historic building and shall not overwhelm the origjnal building.
f9J VigeM compatihility stanaMdlJ will. be fur.her disetlssea ifl. greater aeatil in
thc Deby Beach Preservation and COfllJcrvation Manual. Said Man1:Hl:I will be developed
as a guide 1:0 assist property o~ aer3 a3 they seek to aominate thcif properties for
designation as a histonc site or to dcsignate an Mea within die city a3 a historic distftet.
(11) Visual Compatibility Incentives. In order to provide design
flexibility for structures that otherwise satisfy the Visual Compatibility Standards outlined
in Section 4.5.1 (E) (1 0). incentives for additions to existing structures and/or new infill
development shall include the following:
a. Open Air Spaces: The ratio of the Building Height Plane (BHP)
for single family structures can increase from 2:1 to 2:1.5 for open air spaces
limited to: first or second floor front porches (separation must be provided
between floors). first or second floor side porches (separation must be provided
between floors). balconies. and overlooks with open railings (see example below):
and
BUILDING HEIGHT PLANE NORTH (SIDE) ELEVATION
b. Square Footage: Up to twenty five percent (25%) of the front
elevation(s) of single family structures can extend above the Building Height Plane
(BHP) to a maximum height of thirty five feet (35'). provided twenty five percent
20
ORD. NO. 68-06
(25%) or more of the front elevation(s) remains one story. Along the front
elevation(s). the total width of extension shall not exceed eighteen feet (18'). See
example below.
SIDE VIEW
i"
0= ALLOWED ABOVE BHP,
NOT TO EXCEED 35' MAX
lZi'53 = MUST BE UNDER BHP
II1II = 25% OR MORE OF FRONT
FACADE(S) MUST REMAIN
1 STORY
FRONT VIEW
c. Lot Coverage: The footprint of infill structures may exceed the
average for the survey area provided the lot coverage shall not exceed the average
for the survey area or the maximum for the district. whichever is less. and any
second floor portion shall not exceed fifty percent (50%) of the average survey
area footprint. See example below.
21
ORD. NO. 68-06
Example: New Infilll Singe Family I Del Ida
Lot Size 11,400 sq.ft.
Survey Area Results:
Avg. Footprint sq.ft. = 2,204*
Avg. Lot Coverage = 26% (11,400 x .26 = 2,964 sq.ft.)
Max. Lot Coverage in District = 30% (11,400 x .30 = 3,420 sq.ft.)
Upper Story @ 50% Max. (2,204 x .5 = 1,102 sq. ft.)
First Floor = 2,204 sq.ft.
Total square footage (2,204 + 1,102 = 3,306 sq.ft.)
Incentive = 760 sq.ft.
*10 determine the max. first floor square footage, select the lesser of the
average footprint square footage in the survey area or the max. lot coverage
for the District.
In the above example, the former is less.
(F) Restrictions on Demolitions: No structure within a Historic District or on an Historic
Site shall be demolished without first receiving a Certificate of Appropriateness pursuant to Section
2.4.6(H) for that purpose. The Historic Preservation Board shall be guided by the following in considering
such a request.
(1) The Historic Preservation Board upon a request for demolition by a property
owner, shall consider the following guidelines in evaluating applications for a certificate of
appropriateness for demolition of designated historic sites, historic interiors, or buildings,
structures, or appurtenances within designated historic districts;
(a) Whether the structure is of such interest or quality that it would
reasonably fulfill criteria for designation for listing on the national register.
(b) Whether the structure is of such design, craftsmanship, or material that it
could be reproduced only with great difficulty or economically nonviable expense.
(c) Whether the structure is one of the last remaining examples of its kind in
the designated historic district within the city.
(d) Whether retaining the structure would promote the general welfare of the
city by providing an opportunity to study local history, architecture, and design, or by
developing an understanding of the importance and value of a particular culture and
heritage.¼
(e) Whether there are definite approved plans for immediate reuse of the
22
ORD. NO. 68-06
property if the proposed demolition is carried out, and what effect those plans will have
on the eftllfteter of the surrounding area.
(2) No decision of the Board shall result in undue economic hardship for the
property owner. The Board shall have authority to determine the existence of such hardship in
accordance with the definition of undue economic hardship found in Subsection (H).
(3) The Board's refusal to grant a Certificate of Appropriateness requested by a
property owner for the purpose of demolition will be supported by a written statement describing
the public interest that the Board seeks to preserve.
(4) The Board may grant a Certificate of Appropriateness as requested by a property
owner, for demolition which may provide for a delayed effective date. The effective date of the
certificate will be determined by the Board based on the relative significance of the structure and
the probable time required to arrange a possible alternative to demolition. the Board may delay
the demolition of designated historic sites and contributing buildings within historic districts for
up to six months while demolition of non-contributing buildings within the historic district may
be delayed for up to three months.
(5) During the demolition delay period, the Board may take such steps as it deems
necessary to preserve the structure concerned. Such steps may include, but are not limited to,
consultation with community groups, public agencies, and interested citizens, recommendations
for acquisition of property by public or private bodies, or agencies, and exploration of the
possibility of moving one or more structures or other features.
(6) The Board may, with the consent of the property owner, request that the owner,
at the owner's expense, salvage and preserve specified classes of building materials, architectural
details and ornaments, fixtures, and the like for reuse in the restoration of the other historic
properties. The Board may, with the consent of the property owner, request that the Delray
Beach Historical Society, or the owner, at the owner's expense, record the architectural details for
archival purposes prior to demolition. The recording may include, but shall not be limited to
photographs, documents, and scaled architectural drawings to include elevations and floor plans.
Two (2) copies of such recordings shall be submitted to the City's Planning and Zoning
Department. One (1) to be kept on file and the other to be archived with the Delray Beach
Historical Society. At the Board's option, and with the property owner's consent, the Board or
the Delray Beach Historical Society may salvage and preserve building materials, architectural
details, and ornaments, textures, and the like at their expense, respectively.
(J) The owner shall provide the following information on his/her application for any
contributing structure in a historic district or individually designated historic structure:
(a) A certified report from a registered architect or engineer which provides
documentation explaining that the building is structurally unsound and is damaged
23
ORD. NO. 68-06
beyond the ability to repair it at a reasonable cost. The report must include photographs
to substantiate the damage.
(b) A certified report from an engineer. architect, general contractor. or other
qualified professional which documents the projected cost of repairing the structure and
returning it to a safe and habitable condition.
(c) An appraisal of the property in its current condition. its value as vacant
land and its potential value as a preserved and restored historic property.
(d) Documentation that reasonable efforts have been made to find a suitable
alternate location for the structure within the City of Delray Beach to which the
contributing/ individually designated historic structure could be safely relocated.
(I) Historic Preservation Board to Act on Site Plans, Landscape Plans, and
Architectural Elevations: Pursuant to the powers granted in Section 2.2.6(0), the Historic Preservation
Board shall act on all development applications, within a Historic District or on a Historic Site, subject to
processing under Sections 2.4.5 (F), (G), (H), and (I) which otherwise would be acted upon by the Site
Plan Review and Appearance Board or the Phtaniflg !lnd Zoning Boltrd.
(L) Designation of Historic Districts: The following Historic Districts are hereby affirmed
or established:
(1) lHE-NASSAU STREET HISTORIC DISTRICT which consists of Lots 2-
19 of Nassau Park, as recorded in Plat Book 16, page 67 of Palm Beach County, Florida; Lots
1-12 of Wheatley Subdivision, as recorded in Plat Book 16, page 98 of Palm Beach County,
Florida; and Block E, Lot 4 and Block F, Lot 1 of John B. Reid's Village as recorded in Plat
Book 21, page 95 of Palm Beach County, Florida. (Original designation by Ordinance 97-87
adopted on January 12, 1988)
(2) ~ MARINA DISTRICT which consists of Block 125, excluding the south
350' of the north 488.6' of the west 100' of Block 125, along with that part of Block 133 lying
west of the Intracoastal Waterway, together with the east half of Block 118, along with all of
Block 126, together with that portion of Block 134 lying west of the Intracoastal Waterway,
along with east half of Block 119, together with all of Block 127, along with the east half of
Block 120, and all of Block 128, all within the Town of Linton Plat, as recorded in Plat Book 1,
Page 3, Palm Beach County Records (Original designation by Ordinance 156-88 adopted on
December 20, 1988)
(3) DEL-IDA PARK which consists of Blocks 1 through 13, inclusive, along with
Tracts A, B, and C DEL-IDA PARK, according to the Plat thereof on file in the Office of the
Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 9 at
Page 62 (Original designation by Ordinance 9-88 adopted on March 22, 1988)
24
ORD. NO. 68-06
(4) OLD SCHOOL SQUARE which consists of the south one-half of Block 57
and Blocks 58-62, Blocks 65-70, the west half of Blocks 74 and 75, and Lots 1-6 of Block 76,
Town of Linton Plat, as recorded in Plat Book 1, Page 3, Palm Beach County Records.
(Original designation by Ordinance 1-88 adopted on February 9, 1988).
(5) ~ WEST SETTLERS HISTORIC DISTRICT is bounded on the north
by Martin Luther King, Jr. Boulevard (N.W. 2nd Street). The eastern boundary is as follows:
the alley running north and south in Block 43; N.W. 3rd Avenue between N.W. 1st Street and
the east-west alley of Block 36. The southern boundary is N.W. 1st Street between N.W. 3rd
Avenue and the alley in Block 43; the east-west alley in Block 36 and Block 28 and the south
property line of Lot 13, Block 20. The western boundary is the north-south alley and the
eastern one-half (1/2) of the block south of the alley of Block 19; the north-south alley in the
north half of Block 20.
Section 11. That Appendix "A", "Definitions", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows:
CONTRIBUTING BUILDING - A building contributing to the historic significance of a district which
is typically more than fifty (50) years old and which by virtue of its location, design, setting, materials,
workmanship, or association with local historic events or personalities lends to the district's sense of time
and place within the context of the intent of historic preservation. A building that is more than fifty (50)
years old shall be presumed to be contributing whether listed as such on a surveyor not.
HARDSCAPE - Consists of the inanimate elements of landscaping. especially masonry or wood work
such as concrete or brick patios. tile paths and wooden decks.
NON-CONTRIBUTING BUILDING - A building within a historic district which is typically less than
fifty (50) years old and which does not add to a historic district's sense of time and place and historical
development; or a building where the location, design, setting, materials, workmanship, and association
have been so changed or have so deteriorated that the overall integrity of the building has been
irretrievably lost.
Section 12. 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 13.
hereby repealed.
That all ordinances or parts of ordinances in conflict herewith be, and the same are
25
ORD. NO. 68-06
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MEMORANDUM
FROM:
MAYOR AND CI1Y COMMISSIONERS
CITY MANAGER {ll/I
AGENDA ITEM # )\0. t - REGULAR MEETING OF MARCH 20. 2007
ORDINANCE NO. 12-07
TO:
SUBJECT:
DATE:
MARCH 16, 2007
This ordinance is before Commission for second reading for a city initiated amendment to the Land
Development Regulations (LDR), enacting Section 2.4.11, "Developer's Agreements", to allow the
City to enter into Developer's Agreements, when it is in the best interest of the City.
At the first reading on March 5, 2007, the Commission passed Ordinance No. 12-07.
Recommend approval of Ordinance No. 12-07 on second and final reading.
S:\City Clerk\AGENDA COVER MEMOS\Ordinanee Agenda Memos\Ord 12-07 Amend LOR See 2.4.11 Developers Agmt 03.20.07.doc
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FROM:
TO:
THRU
SUBJECT: MEETING OF MARCH 5, 2007
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDRS) ENACTING SECTION 2.4.11,
"DEVELOPER'S AGREEMENTS," TO ALLOW THE CITY TO ENTER INTO
DEVELOPER'S AGREEMENTS.
The item before the City Commission is approval of a City-initiated amendment to the Land
Development Regulations to enact a new Section to allow the City to enter into Developer's
Agreements, when it is in the best interest of the City,
Florida Statutes permit Cities to enter into developer's agreements provided an Ordinance
allowing such agreements is adopted. The Land Development Regulations currently do not
contain language addressing this issue, Since the City may desire to enter into such
agreements in the future, the proposed amendment will allow the City to do so. Under the
proposed language, entering into such an agreement shall be at the sole and absolute
discretion of the City, when it is in the best interest of the City. All developer's agreements must
conform to provisions set forth in Florida Statutes,
Pursuant to LOR Section 2.4,5(M)(5), approval of an LOR amendment must be based upon a
finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of
the Comprehensive Plan, While the amendment does not specifically further the Goals,
Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them,
The text amendment was considered by the Planning and Zoning Board on February 26, 2007,
No one from the public spoke on the issue. The Board discussed the Ordinance and
recommended approval on a 5 to 0 vote (Halberg and Zacks absent), by adopting the findings of
fact and law contained in the staff report and finding that the amendment is consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development
Regulations.
By motion, approve on first reading Ordinance No. 12-07, amending the Land Development
Regulations by creating Section 2.4,11, "Developer's Agreements," to allow the City to enter into
Developer's Agreements, when it is in the best interest of the City, by adopting the findings of
fact and law contained in the Staff Report and finding that the request is consistent with the
Comprehensive Plan and meets the criteria set forth in LDR Section 2.4,5(M)(5) of the Land
Development Regulations, with second reading to occur on March 20,2007,
Attachments:
· Ordinance No. 12-07
· Planning & Zoning Staff Report of February 26, 2007
1't.D
ORDINANCE NO. 12-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY
CREATING SECTION 2.4.11, "DEVELOPER'S AGREEMENTS", TO
PROVIDE FOR THE USE OF DEVELOPER'S AGREEMENTS;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on February 26, 2007, and voted 5 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and
furthers the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section I. That the recitations set forth above are incorporated herein.
Section 2. That Section 2.4.11, "Developer's Agreements", of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is
hereby created to read as follows:
2.4.11 Developer's Ae:reements:
Developer's Agreements shall be allowed if the City determines in its sole and absolute discretion that
entering into such an agreement is in the best interests of the city, All Developer's Agreements shall
conform to the provisions set forth in Florida Statutes && 163.3220 through 163.3243.
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
_day of ,200_.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
2
ORD, NO.
MEETING DATE:
FEBRUARY 26, 2007
IV. I.
AGENDA NO:
AGENDA ITEM:
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDRS) ENACTING SECTION 2.4.11,
"DEVELOPER'S AGREEMENTS," TO ALLOW THE CITY TO ENTER
INTO DEVELOPER'S AGREEMENTS.
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 to enact a new
Section to allow the City to enter into Developer's Agreements when it is in the best interests of
the City.
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,
Florida Statutes permit Cities to enter into developer's agreements provided an Ordinance
allowing such agreements is adopted. The Land Development Regulations currently do not
contain language addressing this issue, Since the City may desire to enter into such
agreements in the future, the proposed amendment will allow the City to do so, Under the
proposed language, entering into such an agreement shall be at the sole and absolute
discretion of the City, when it is in the best interest of the City, All developer's agreements must
conform to provisions set forth in Florida Statutes.
REQUIRED FINDINGS
LDR Section 2.4.5(M)(5) (FindinQs): Pursuant to LOR Section 2.4.5(M)(5) (Findings), in
addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan.
Comprehensive Plan Policies:
The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no
applicable goals, objectives or policies noted, While the amendment does not specifically further
the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them,
Courtesy Notices:
Courtesy notices were provided to the following homeowner and civic associations:
· Progressive Residents of Delray (PROD)
IV. I.
Planning and Zoning Board Memorandum Staff Report, February 26, 2007
Amendment to LDRs Pertaining to Developer's Agreements
Page 2
· President's Council
· Neighborhood Advisory Council
Letters of objection and support, if any, will be provided at the Planning and Zoning Board
meeting.
The purpose of this City-initiated LOR text amendment is to allow the City to enter into
Developer's Agreements subject to provisions set forth in the Florida Statutes. Positive findings
can be made with respect to LOR Section 2.4,5(M)(5),
Move a recommendation of approval to the City Commission for the text amendment to add
LOR Section 2.4.11, "Developer's Agreements," to allow the City to enter into Developer's
Agreements when it is in the best interests of the City, by adopting the findings of fact and law
contained in the Staff Report and finding that the request is consistent with the Comprehensive
Plan and meets the criteria set forth in LOR Section 2.4.5(M)(5),
Attachment:
. Proposed Ordinance
01\
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[IT' DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE
2()() NW I st AVENUE' DELRAY BEACH. FLORIDA 33444
TI.LEI'HONE: 'i61/.2-13.7()l)() . FACSEvIlLE: 'i61/27RA755
DELRAY BEACH
bed
All-America City
Writer's Direct Line: 561/243-7091
, IIII!OATE:
MEMORANDUM
March 15, 2007
1993
2001
FROM:
City Commission
David Harden, City Manager
A... ,-^. _
,---, - --
Brian Shutt, Assistant City Attorney
TO:
SUBJECT: Developer's Aoreement Reoardino the Cannery Row Development
On October 3, 2006 the Commission approved Ordinance No. 47-06 which
provided that the developer of the Cannery Row Project has the option to not
provide non-residential uses fronting the west side of N.E. 2nd Avenue between
N.E. 3rd Street and N.E. 4th Street provided that the developer enters into a
developers agreement acceptable to the City. This item was originally placed on
the March 5, 2007 Commission agenda, however, the Commission removed it
from the agenda based on concerns with underlying HOA declarations that are
part of the Developer's Agreement. Since that time we have worked with the
developer in an attempt to remove the more objectionable language which is
presented by strikethroughs and underlining.
The attached developer's agreement provides for the conveyance to the City of a
building located at the SE corner of the project for community facility purposes and
dedicates an area for open space at the NE corner of the project and sets for the
terms and conditions of the transfer of the unit located at the SE corner of the
project to the city and of the dedication of park land.
The agreement provides that the City shall waive the impact fee set forth in LOR
Section 5.3.2(c) (park and recreational facility impact fee) for all of the units in
exchange for the receipt by the City of the dedicated land. The impact fees under
section 5.3.2(c) would total approximately $41,500.00.
The agreement further provides that the developer shall convey the unit (which is
only the shell of the structure and contains approximately 3000 sq. ft.) to be
constructed on Lot 12 to the City for the price set forth in the purchase and sale
agreement. The developer shall convey the unit to the City for the actual costs
incurred by the developer, however, that cost shall not exceed $530,000.00. The
10 D
conveyance shall take place after the City issues a C.O. for the unit. In
accordance with the purchase and sale agreement the City shall become a
member of the Homeowner's Association and shall be responsible for all HOA
fees except for fees relating to certain common area facilities that will not be used
by the City.
The agreement further provides that if the City uses the developer to build out the
interior of the unit it will be done at cost. The developer has provided a letter,
attached hereto, that sets forth an estimate of the cost ($160,000.00), as of the
date of the letter, to build out the unit (this letter however is not part of the
Agreement). The cost to the City, however, shall be based on the work and the
actual costs incurred at the time of build out.
The purchase and sale agreement is also provided as an exhibit to the
Developer's agreement and the Declaration of Covenants and Restrictions is
provided as it is an exhibit to the Purchase and Sale Agreement. The Declaration
of Covenants provides certain restrictions regarding the use of the Community
Facility as follows:
- no entry through the rear doors by the public
- refuse must be stored inside the building
deliveries only permitted M-F from 9 to 5
no permanent food or beverage services
all parking shall be off site, unless the unit contains a garage
hours of operation 8 to 10 M-Th, 8 to 12 a.m. Fri and Sat, and 12 to 6 on
Sun.
City must provide insurance to the Association as determined by the
Association
if the unit is converted to a solely residential use in the future then the unit
shall be required to comply with all of the HOA declarations.
The City will be required to join the homeowners association and pay all fees and
assessments, except those specifically related to the swimming pool, pool
cabanas and playground area. The City will not be subject to any assessments for
taxes that may be levied against other unit owners.
Pursuant to Florida Statutes this item has been advertised and a public hearing
has been scheduled for this item.
Our office requests that this item be placed on the March 20, 2007 City
Commission agenda. Please call if you have any questions.
~
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IRON'VOOD
DIYEUll'\j[0:T, I~C.
February 13,2007
Susan A. Ruby, Esq.
City Attorney
200 NW 1 st Avenue
Delray Beach, FL 33444
Re: Cannery Row; Interior Build-Out Estimate
Dear Susan:
In connection with your request for an estimate for the build-out expenses for The
Cannery Row Community Facility ("Facility"), please be advised that to the best of our
ability, and without having the benefit of any construction documents or operational
plans for the Facility, our estimate for build-out costs are: $160,000.00. Without plans or
specifications to guide our estimate, we are incorporating the following assumptions:
1) Two (2) ADA compliant bathrooms;
2) One (1) code-compliant elevator;
3) Finished, painted gypsum wallboard @ all interior walls and 3rd floor ceiling;
4) Commercial-grade ceramic tile flooring through Facility, except stairwell(s);
5) Code compliant HV AC system, with exposed duct or rigid duct board, where
feasible;
6) Code compliant, enclosed, prefabricated metal-pan stairs;
7) Kitchen sink, refrigerator, dishwasher, microwave, and range/oven.
8) 3;"" granite kitchen counter-top, with 4" backsplash;
9) Code-compliant plumbing fixtures and electrical wiring, ceiling lighting and
receptacles;
10) Interior trim (doors, baseboard, casing and door hardware);
11) Code-compliant fire sprinklers;
Sincerely,
Ironwood Development, Inc.
Mana er r Cannery Row LLC
Cary Glickstein, President
277 Southeast Fifth Avenue * Delray Beach, Florida 33483
T..l..."hnn..' <;1;1 ?70 RO<;?* Pl'lr.!:imile: 'i61 27906]]
AGREEMENT
THIS AGREEMENT entered into this _ day of
, 200_, by and
between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter
referred to as City) and CANNERY ROW, LLC (hereinafter referred to as Developer),
provides as follows:
WHEREAS, a project called Cannery Row is being developed along the west east
side of the 300 block of Pineapple Grove Way in the City; and
WHEREAS, Land Development Regulation Section 4.4.13(H) provides that if
the developer of a project fronting on N.E. 2nd Avenue, between N.E. 3rd Street and N.E. 4th
Street, chooses to dedicate an area at the northeast comer of the project to the City for open
space and to convey property and a building to the City fronting on N.E. 2nd Avenue at the
southeast comer of the project, then the developer shall not be required to furnish non-residential
uses fronting on the west side ofN.E. 2nd Avenue between N.E. 3rd Street and N.E. 4th Street;
and
WHEREAS, the Developer will dedicate a parcel at the northeast comer of the project to
the City for park purposes and will transfer land and a completed shell structure, as
more thoroughly described in this Agreement, to the City located at the southeast comer of the
project and fronting on N.E. 2nd Avenue, to be used as a community facility as a condition of the
Development; and
WHEREAS, pursuant to F.S. 163.3225 the City has held 2 public hearings regarding this
Development Agreement and this Agreement is consistent with the City's Comprehensive
Plan and Land Development Regulations; and
WHEREAS, the Developer has the option to build a mixed use project in accordance
with the City's Land Development Regulations but chose instead to enter into this Development
Agreement, in its sole and absolute discretion, and be bound by the terms and conditions of this
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and undertakings
set forth herein and other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the Developer and City hereby agree as follows:
1. Recitations. The above-stated recitals are incorporated as if fully set forth
herein.
2. Dedication of Park Land. The Developer shall dedicate, to the City, a
parcel, as shown on Exhibit "A", for park purposes which shall be maintained by the City. In
lieu of the City paying the Developer the value of the land, which is $414,645.00, the City shall
waive the Impact Fee set forth in LDR Section 5.3.2 (c) for all units. Developer will provide a
water service stub-out to the property line that the City can connect to an irrigation meter at
a later date. Developer will sod the comer if the NE comer of the project has been landscaped
prior to the City completing the landscape plan for the park. All maintenance of the park
shall be by the City. Developer will have no other improvement requirements for the park area.
The property described in Exhibit "A" shall be dedicated to the City in perpetuity on the plat to be
recorded by the Developer.
3. Conveyance of Unit. Developer shall also convey fee simple title to the
City of Lot 12 of the Plat of Cannery Row with a completed shell structure, pursuant to floor
plans, elevations, and specifications as set forth on Exhibit "B", to the City to be used by the City
as a community facility as it determines, in its sole discretion. The City shall pay the
actual land cost and costs of construction of the unit, which will not exceed $530,000.00.
The parcel and structure shall be transferred to the City, or its assigns, in accordance with the
purchase and sale contract between the City and Developer is in the form attached hereto as
Exhibit "C". The approval of this Agreement is conditioned upon the parties executing a purchase
and sale agreement (Exhibit "C") within 120 days of the execution of this Agreement. Failure to
approve such an agreement within the time period set forth shall make this Agreement null and
void.
Developer will finish the interior of the unit at cost, provided that the City provides
Developer with all necessary plans, specifications, drawings, permits, etc., so that Developer may
construct the interior of the unit at the same time the interiors of the adjoining units are being
constructed, so as to not interfere with the quiet enjoyment of the adjacent units when sold for
occupancy. Should the City desire to retain a third party to finish the interior of the unit, the City
will be required to commence the construction at the same time that the Developer is constructing
the interior of the adjoining units, and subject to the Developer's site plan development,
construction schedule, and safety measures as implemented by Developer.
Commencing upon conveyance of the unit from developer to the City, the City
will responsible for Homeowner's Association (HOA) assessments. The HOA documents will
reflect that all units will be charged the same uniform rate of assessment, except for the
Community Facility, which will be charged less, as it will have no use of the common area
facilities (pool, gazebo, playground, etc.). Any lease of the Community Facility by the City will
specifically state that the tenant(s) do not have use of the common area facilities and their
occupancy shall be subject to the HOA documents, including any Rules and Regulations
promulgated by the Developer and/or Homeowner's Association.
4. Requirements of Development A2:reement.
(a) A legal description of the land subject to the agreement, and the names of its legal and
equitable owners -
Lots 1 through 24, inclusive, Block 73 and the 16 foot alley right of way lying East of and
adjacent to the East line of Lots 1 through 12, inclusive, subdivision of Block 73, according to
the Plat thereof as recorded in Plat Book 12, page 62, Public Records of Palm Beach County,
Florida, less the North 15 feet thereof.
Legal Owners - Cannery Row, LLC
(b) The duration ofthe agreement - Less than 10 years
(c) The development uses permitted on the land, including population densities, and building
intensities and height - Uses permitted are residential and commercial; proposed population
density is 183; building density is a maximum of30 units per acre; and maximum height is 48'.
(d) A description of public facilities that will service the development, including who shall
provide such facilities; the date any new facilities, if needed, will be constructed; and a schedule
to assure public facilities are available concurrent with the impacts ofthe development; - The
public facilities are water and sewer and they are already in place.
(e) A description of any reservation or dedication of land for public purposes; - see the plat
attached to this agreement.
(f) A description of all local development permits approved or needed to be approved for the
development of the land; - building permits.
5, Commencement of A2:reement. This Agreement shall commence 31 days
after the Department of Community Affairs is in receipt of the Agreement, as per paragraph
5, and shall expire upon the conveyance and dedication of the parcels and building to the
City from Developer, however, in no event shall the term of this Agreement exceed 10
years.
6. Failure to Address a Condition/Reauirement. If this Agreement fails to
address a particular permit, condition, term, or restriction, Developer shall not be relieved
of the necessity of complying with the law governing said permitting requirements,
conditions, terms or restrictions.
7. Recordin2: of A2:reement. Pursuant to F.S. 163.3239 this Agreement shall
be recorded in the public records of Palm Beach County and a copy of the recorded
agreement shall be submitted to the Department of Community Affairs.
8. Review of the A2:reement. The City, at least once every 12 months, shall
review this Agreement to determine if there has been demonstrated good faith compliance
with the terms of the Agreement. If the City determines, based upon substantial competent
evidence, that there has been a failure to comply with the terms of this Agreement, the
Agreement may be revoked or modified by the City.
9. Amendment/Cancellation. Pursuant to F.S. 163.3237, this Agreement may
be amended or canceled by mutual consent of the parties; provided, however, that the City's
LDR's requiring a mixed use proj ect shall not be abrogated by a cancellation of this
agreement.
10. Assi2:nment. The purchase and sale agreement (Exhibit "C") may be
assigned by the City to the Community Redevelopment Agency or the Delray Beach
Community Land Trust, Inc. without the approval of the Developer, if the City wishes to
assign the purchase and sale agreement to another entity it must first obtain consent of
Developer, which shall not be unreasonably withheld.
11. Compliance with Laws. If state or federal laws are enacted after the
execution of this Agreement which are applicable to and preclude the parties' compliance
with the terms of this Agreement, then this Agreement shall be modified or revoked as is
necessary to comply with the relevant state law or federal laws.
12. Indemnification. Developer hereby agrees to defend, indemnify and hold
the City harmless from any and all claims, suits or any other cause of action arising out of
this Agreement including attorneys fees and costs expended by the City at trial or appellate
levels to uphold this agreement.
13. Compliance with the City's Comprehensive Plan. This Developers
Agreement is in compliance with the City's Comprehensive Plan and Land Development
Regulations.
14. Venue. Any claims, lawsuits or disputes that may anse under this
Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County,
Florida.
15. Approvals. This Agreement constitutes the entire agreement and understanding
of the parties. There are no representations or understandings of allY kind not set forth herein. Any
amendments to this Agreement must be in writing and executed by both parties.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of
the day and year first above written.
ATTEST:
CITY OF DELRA Y BEACH
By:
By:
City Clerk
Mayor, JeffPerhnan
Approved as to Form:
By:
City Attorney
WITNESS:
By:
(Name Printed or Typed)
(Name Printed to Typed)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of , 20_,
by , as (name of officer or agent, title
of officer or agent), of , a (state or place
of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or
has produced (type of identification) as identification.
Signature of Notary Public
EXHIBIT" A"
Tract G of the Cannery Row Replat recorded in Plat Book --' Page _'
EXHIBIT "B"
FLOOR PLANS AND ELEVATIONS
18
Buyer Initials
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EXHIBIT "C"
CANNERY ROW
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT ("Agreement") is made and entered into as of this _ day of
,2007, by and between CANNERY ROW LLC LLC, a Florida limited liability company ("Seller"),
and the CITY OF DELRA Y BEACH, FLORIDA ("Buyer"),
IN CONSIDERA nON of the respective agreements hereinafter set forth, Buyer and Seller agree as follows:
1. PURCHASE AND SALE. Subject to the provisions of Section 42 herein, the Cannery Row development
consists, generally, of eighty-two (82) Townhomes and common area and recreational amenities related thereto,
a city-owned corner park, and a city-owned community facility ("Cannery Row" and/or the "Project"). Buyer
agrees to purchase from Seller, and Seller agrees to sell to Buyer, for the Total Purchase Price set forth below, and on the
terms and conditions contained in this Agreement, Lot 12 ("Lot"), as shown on the proposed Plat of Cannery Row
("Plat"), attached hereto as Exhibit "A", together with the community facility ("Community Facility") to be
constructed on the Lot pursuant to the floor plans ("Floor Plans") and building elevations ("Elevations"), and related
construction specifications ("Construction Specifications") attached hereto as Exhibit "B" and Exhibit "C",
respectively. The Lot and Community Facility are sometimes collectively referred to herein as the "Property"; however,
the sale of the Lot and Community Facility will be considered a single sale - the Community Facility not being separate
from the Lot. The Property address is: To Be Determined.
2. PURCHASE PRICE:
Base Purchase Price:
$ NOT TO EXCEED $530.000.00
Change Orders, if any:
$
N/A
Total Purchase Price: (exclusive of
Closing Costs, prorations, and any
Change Orders not included here):
$
530.000.00
TOTAL PURCHASE PRICE TO BE PAID AS FOLLOWS:
Deposit
$ $10.00
151 Deposit (10% of the Base Purchase Price):
$
N/A
2nd Deposit (10% of the Base Purchase Price):
$
N/A
Upgrade Payment, if any (see Upgrade Addendum):
$
N/A
Balance of the Total Purchase Price
(Due at Closing in local bank cashiers
check or received wire transferred funds):
$
529.990.00
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Buyer Initials
3. COST TO BUYER: The Base Purchase Price stated above is intended to be the guaranteed maximum price
Buyer shall pay for the Property, as constructed pursuant to the Construction Specifications, as defined herein. Buyer
may, at any time until one year from the Closing Date ("Cost Review Period"), and upon reasonable notice to Seller, have
access to Seller's financial records relative to the Project in order to determine the true and actual cost to complete the
Property in accordance with the Construction Specifications ("Cost"). Cost shall be defined as all costs necessarily
incurred by Seller in connection with the acquisition, financing, ownership and construction of the Project and the
Property; provided, however, that recreational amenities, and sales and marketing expenses for the Project shall be
specifically excluded from any calculation of Cost. In the event Seller determines that Cost shall be less than stated above
on or before the Closing Date, Seller shall adjust the Base Purchase to reflect any such reduction in Cost.
4. Deleted.
5. SELLER'S FINANCING. Buyer understands that Seller has obtained, or will obtain, acquisition, construction
and other financing with respect to the Project. Buyer agrees that this Agreement, and all modifications and additions
thereto, will be subordinate in all respects to the lien and priority of any mortgage (and related security interests) now or
hereafter placed on the Property securing such Seller's financing, including all loan renewals, future advances, extensions
and modifications, The parties intend that this subordination shall be effective automatically without any further notice to,
or action by, Buyer. Buyer acknowledges that, as additional security for any of Seller's financing, Seller may assign all of
its rights under this Agreement to its lender(s), including all rights Seller may have to Buyer's Deposit, subject to
requirements of applicable laws.
6. CONSTRUCTION SPECIFICATIONS. The Community Facility will be constructed in substantial
accordance with the plans, retained in Seller's sales office, and the specifications, attached hereto and made a part hereof
as Exhibit "C", as such plans and specifications are amended from time to time, Such plans and specifications, as they are
so amended from time to time by Seller, are referred to in this Agreement as the "Construction Specifications".
Although Seller will complete construction of the Property substantially in accordance with the Floor Plans, Elevations,
and Construction Specifications, Buyer acknowledges that during the planning, design, engineering, and construction for
the Project, certain modifications, substitutions, deviations and/or omissions in and to the Property, Project, Floor Plans,
Elevations, and Construction Specifications (collectively referred to herein as "Construction Modifications") may occur
due to governmental required changes, construction and field conditions, labor or product availability, construction
scheduling, and design and specification changes made by Seller in Seller's sole discretion. These changes and
adjustments are essential in order to permit all components of the Property to be integrated into a well-functioning and
aesthetically pleasing product in an expeditious, cost-efficient, and profitable manner, Accordingly, Seller expressly
reserves the right to make Construction Modifications during construction of the Property, and Buyer hereby authorizes
Seller to make any such Construction Modifications deemed necessary in Seller's sole discretion without prior notice to
Buyer.
Buyer further understands and agrees that: (i) exterior finishes, such as paint color, roof color/material, shutter
placement/color, window/door placement and designs, light fixtures, railings, and other exterior finishes installed by
Seller pursuant to the Construction Specifications, are subject to shadings in color gradations, die lots, etc" and may vary
from any samples or illustrations shown to Buyer without prior notice to Buyer; (ii) all representations of dimensions,
materials, equipment, and finishes are approximations of size, materials, equipment, appearances, and finishes, and are all
subject to change by Seller in its reasonable discretion without prior notice to Buyer; (iii) changes in the dimensions of
rooms, patios and balconies, and the location of utility (including, without limitation, electrical, television and telephone)
lead-ins and outlets, doors, windows, air conditioning equipment, ducts and components, lighting fixtures, electric panel
boxes and meters, fencing and gates, and the general layout of the Community Facility and any exterior improvements on
the Lot are subject to change by Seller in its reasonable discretion without prior notice to Buyer; (iv) many items, finishes,
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Buyer Initials
materials, fixtures, equipment, furnishings, window treatments, accessories, upgrades, changes, and other improvements
which may be displayed in any sales model or sales office, or in any marketing or promotional materials, are for display,
design and marketing purposes only, and to the extent such items are not included in the Construction Specifications, such
items are not included in the Property; (v) if circumstances arise which warrant changes of suppliers, manufacturers, brand
names or other items, Seller may substitute materials, fmishes, equipment, fixtures, appliances, etc., which are of
substantially equivalent quality in Seller's sole opinion, without prior notice to Buyer; (vi) Seller will have complete
discretion in landscaping of the Property and the Project; (vii) Seller will have complete discretion with all improvements
and amenities situated within the Common Property (as defmed in the Homeowner Documents); (viii) the plans and
specifications for the Community Facility now or hereafter on file with the applicable governmental authorities may not
be identical in detail to the final Floor Plans and the Construction Specifications, and (ix) because of the day-to-day nature
of the changes described in this Section 6, the plans and specifications on file with applicable governmental authorities
may not include some or any of these changes (there being no legal requirement to file every change with such
authorities).
The provisions of this section 6 will survive (continue to be effective after) closing.
7. CHANGE ORDERS. BUYER ACKNOWLEDGES THAT SELLER IS NOT OBLIGATED TO PROVIDE
UPGRADES, EXTRAS, OPTIONS, OR CHANGE ORDERS OF ANY KIND.
If Buyer requests changes to the Construction Specifications that are not included as part of the Construction
Specifications ("Change Orders"), Seller may, in its sole and absolute discretion, either: (i) accommodate Buyer's
change order request in the manner provided below, or (ii) deny any or all of Buyer's Change Order requests, and Buyer
will accept Seller's decision on all change order requests as final. Buyer further understands that in the event Buyer's
Change Order request is denied by Seller, the Community Facility will be completed substantially in conformity to the
Construction Specifications, and any Approved Upgrades or Approved Change Orders, as defined herein. No Change
Orders shall be implemented unless an approved Change Order Addendum ("Change Order Addendum") for any such
Change Orders is signed by Buyer and Seller and full payment for such Change Orders, as specified in the Change Order
Addendum, is received by Seller ("Approved Change Order").
Buyer acknowledges and agrees that all payments made to Seller in connection with any Approved Change Order
shall be not be considered as part of any deposit toward the Total Purchase Price, and any and all such payments are
completely non-refundable in all respects; provided, however, if Seller shall fail to include any Approved Change Order in
the Property, Buyer's sole remedy and Seller's sole liability shall be to deduct the amount paid by Buyer for any such
omitted Approved Change Order from the Total Purchase Price at Closing, provided Buyer has paid Seller for same.
Buyer further acknowledges and agrees that Seller's failure to include any Approved Change Order, or non-approved
change order request made by Buyer shall not be grounds for: (i) Buyer to delay or postpone the Closing, or Buyer's
obligation to close and pay the balance of the Total Purchase Price to Seller, (ii) any reduction of or credit against the
Total Purchase Price, or (Hi) placing any portion of the Total Purchase Price in escrow.
If applicable, Buyer shall have thirty (30) days from the date of Seller's notice to Buyer that the time period for
Buyer to make any required finish selections for the Community Facility has started ("Selection Period"). The Selection
Period which may be extended from time-to-time in writing by Seller in Seller's sole discretion. Buyer understands that
in the event Buyer fails to provide Seller with any required finish selections within the Selection Period, Seller may
complete the Property using such fmish selections that Seller shall determine, in its sole discretion without prior notice to
Buyer, provided such finishes are consistent with the Construction Specifications,
8. CONSTRUCTION OF THE PROPERTY. Subject to other terms of this Agreement, Seller shall commence
construction of the Property as soon as it is reasonably possible following the issuance of all required building permits,
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Buyer Initials
and shall proceed with reasonable diligence throughout the term of construction, Seller agrees that all construction shall
utilize new materials (or equivalent quality) and that all such materials shall be in accordance with applicable
governmental rules, regulations and building codes, and that all work shall be done in a good and workmanlike manner.
Seller shall be responsible for all building permits, impact fees, water and sewer hook-up fees, excluding deposits for
utility services which shall be reimbursed by Buyer at Closing.
9. INSPECTION PRIOR TO CLOSING. Prior to Closing, and upon notice to Buyer, Buyer shall be given a
reasonable opportunity to inspect the Property with Seller's representative. At that time, Buyer shall present to Seller an
inspection statement ("Punch List") signed by Buyer, setting forth any defects in workmanship or materials in the
Property which are truly defects in workmanship and materials (the standards for which shall be the construction
standards generally prevalent in Palm Beach County, Florida for similar property, which is a commercial shell), Buyer
understands and acknowledges that Buyer's setting forth any such perceived defects in workmanship or materials on a
Punch List does NOT obligate Seller to repair or warranty any such item(s). Those items on any Punch List that are not
equal to the then prevailing construction standards generally prevalent in Palm Beach County, Florida for similar
commercial properties, and only those items that are not equal to such standards, as Seller shall determine in Seller's
reasonable discretion, shall be considered by Seller as part of the Punch List for which Seller has an obligation for repair
and warranty. Seller's failure to perform Seller's obligations hereunder shall not delay, postpone, or otherwise interfere
with the Closing. Subject to the construction standards stated above, Seller shall correct and/or complete all work required
under the Punch List within sixty (60) days after Closing, at Seller's expense and in a workmanlike manner, subject to the
availability of labor and materials, access to the Property after Closing, or events which constitute force majeure, Buyer
hereby authorizes Seller to determine the means and methods for making any and all Punch List and warranty related
repairs. Buyer further recognizes that although the Property, at Closing, will have received a final certificate of
occupancy, Seller may still be in the process of completing certain improvements in the Community Facility, on the Lot,
and within the Project.
NO ESCROWS OR HOLDBACKS OF CLOSING FUNDS WILL BE PERMITTED. The fact that Seller
has to complete work set forth in the Punch List after Closing shall not delay or postpone the Closing, or Buyer's
obligation to close and pay the balance of the Total Purchase Price, or be grounds for a reduction of or credit against the
Total Purchase Price, or be grounds for deferring or imposing any conditions on Closing, or be grounds for placing a
portion of the Total Purchase Price in escrow pending completion of the Punch List items,
10. CLOSING. The term "Closing" refers to the time when Seller delivers the special warranty deed for the
Property to Buyer and Buyer delivers to Seller the balance of the Total Purchase Price and any additional amounts owed
by Buyer to Seller under this Agreement and for any Approved Upgrades and Approved Change Orders, as set forth
herein, or therein, and ownership of Property is transferred from Seller to Buyer (the "Closing"). At Closing, the parties
will execute and deliver all documents Seller's closing agent deems necessary or appropriate. Buyer shall not move any
personal property onto or take occupancy of the Property until a certificate of occupancy for the Property has been issued
by the appropriate governmental agency, and Seller has received the Total Purchase Price in accordance with the terms of
this Agreement. Legal and physical possession of the Property shall be delivered to Buyer at Closing. The Closing will
occur after issuance of a Certificate of Occupancy for the Community Facility by the City of Delray Beach.
Buyer understands that Seller has the right to schedule the date, time and place for the Closing ("Closing Date");
provided, however, that before the Closing Date, Seller must obtain a final certificate of occupancy for the Property.
Buyer acknowledges that the common property, any improvements thereon, and all improvements related to the Project
need not be completed or have such certificates of completion or occupancy prior to the Closing Date. Buyer will be
given at least thirty (30) days' notice of the date, time and place of Closing, Seller is authorized to postpone the Closing
for any reason and Buyer will close on the new date, time and place Seller specifies in its notice of postponement (as long
4
Buyer Initials
as at least 2 days' notice of the new date, time and place are provided to Buyer). A change of time or place of Closing
only (that is, one not involving a change of date) will not require any additional notice period. Any formal notice of
Closing, and any postponement or rescheduling of the Closing may be given orally, by telephone, facsimile, electronic
mail, regular mail or other reasonable means of communication at Seller's option. All such notices to Buyer shall be sent
or directed to the address, facsimile, electronic mail address or telephone number (as appropriate), specified on Page 1 of
this Agreement unless Seller has received written notice from Buyer of any address change prior to the date Seller's notice
is sent, transmitted or given to Buyer. These notices (other than a change of address) will be effective on the date given,
transmitted or mailed. An affidavit of one of Seller's employees or agents stating that this notice was given or mailed to
Buyer will be conclusive in this regard.
If Buyer fails to receive any of these notices or the confirmation because Buyer failed to advise Seller of any
change of address, telephone or facsimile number, or electronic mail address, or because Buyer has failed to pick up a
letter when Buyer has been advised of an attempted delivery or because of any other reason, Buyer will not be relieved of
Buyer's obligation to close on the scheduled date unless Seller agrees in writing to postpone the scheduled date, If Seller
agrees in writing to reschedule the Closing at Buyer's request, or if Buyer is a corporation (or other business entity) and
Buyer fails to produce the necessary documents establishing proof of the organization, good standing and authorization of
representatives, as requested by Seller, and, as a result, Closing is delayed, or if Closing is delayed for any other reason
(except for a delay desired, requested or caused by Seller), Buyer agrees to pay at Closing a late funding charge equal to
interest, at the then highest applicable lawful rate, on that portion of the Total Purchase Price not then paid to Seller (and
cleared), from the date Seller originally scheduled the Closing to the date of actual Closing, Additional late funding
charges also may be imposed as stated in this Agreement. All prorations will be made as of the originally scheduled date.
BUYER UNDERSTANDS THAT SELLER IS NOT REQUIRED TO RESCHEDULE OR TO PERMIT A DELAY
IN CLOSING AND THAT IF BUYER FAILS TO TIMELY CLOSE AS REQUIRED BY TillS SECTION 10,
BUYER WILL BE IN DEFAULT UNDER SECTION 16 OF TillS AGREEMENT.
11. TITLE. At Closing, Buyer will receive good and marketable title to the Property, subject to the permitted
exceptions listed below ("Permitted Exceptions"). At Closing, Buyer will receive the following documents, which
Buyer agrees to accept as proof that title is as represented above:
A. Title Commitment. A written title commitment from a title insurance company licensed in Florida agreeing
to issue Buyer a title insurance policy for the Property (ALTA Owner's Policy with Florida modifications) ("Title
Policy"). The title commitment will list the following Permitted Exceptions (exceptions subject to which Buyer
agrees to take title to the Property):
1. Real property taxes and assessments affecting the Property for the year of Closing, and
subsequent years, including any applicable special assessment, community redevelopment or improvement
districts;
2. All laws, and all restrictions, covenants, conditions, limitations, agreements, reservations and
easements recorded in the public records, or otherwise established with respect to the Project, for example, zoning
restrictions, property use limitations and obligations, governmental permits, easements, rights-of-way, plat
restrictions and dedications, and agreements relating to utilities, drainage and conservation areas;
3. The restrictions, covenants, conditions, easements, liens, terms and other provisions imposed by
the documents contained or referred to in the Homeowner Documents, as defined herein, and any amendments
thereto (and any other documents which Seller, in its sole discretion, believes to be necessary or appropriate)
which will be recorded by Seller now or at any time after the date of this Agreement in the Public Records of Palm
Beach County, Florida, and all amendments to any of such documents;
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Buyer Initials
4. Easements in favor of the Association, as defined herein, and public utility providers for general
access over and across the Property and the Project, and for the installation, service, repair, and maintenance of all
water retention areas, drainage improvements, roads, and all other improvements and utilities serving the Property
and the Project;
5. Minor encroachments, if any, into easement areas serving public utilities by Property-related
improvements such as air conditioner pads and equipment, roof and balcony overhangs, which are hereby deemed
permitted;
6, The mortgage, and any other security instruments, in favor of Buyer's lender, ifany;
7. Deleted
8. All other standard title exceptions contained in an ALTA owner's title policy customarily issued in
Palm Beach County, Florida for similarly situated properties, and all other title exceptions for items common to
the Project; provided that no limitation on Buyer's title may prohibit construction of the Community Facility, nor
the use of it as a Community Facility, subject to the Homeowner Documents.
B. Closing Documents. At Closing, Buyer will receive: (i) a special warranty deed to the Property which will
be subject to (that is, contain exceptions for) all of the matters described above, (ii) Seller's form of owners (no-
lien) affidavit, FIRPTA ("non-foreign") affidavit, and gap affidavit, (iii) Bill of Sale for any personal property
contained in the Community Facility, (iv) final as-built survey of the Property, (v) Soil treatment certificate, (vi)
Insulation certificate, (vii) Certificate of Occupancy for the Property, and (viii) the Limited Warranty Registration,
which shall require Buyer's execution at Closing. Buyer and Seller shall each execute and deliver to the other such
additional documents as reasonably required by the closing agent to close the transaction contemplated in this
Agreement. The documents (the title commitment, as aforesaid, and the documents listed in this Section 11.B. are
collectively referred to herein as the "Closing Documents").
If Buyer finds title not to be in the condition required by this Agreement, then within thirty (30) days of
receipt from Seller of the title commitment described above, Buyer shall notify Seller in writing of the specific
nature of the claimed title defect and the specific actions needed to correct the alleged title defect, failing which
any claimed title defect shown in the title commitment shall be deemed waived by Buyer. In the event Seller
cannot provide the quality of title described above, Seller will have a reasonable period of time (at least ninety
(90) days after Buyer gives Seller written notice of an objection to title) to correct any defects in title, but Seller is
not obligated to do so. If Seller cannot, or at any time elects not to, correct the claimed title defects, then within
five (5) days of notice from Seller, Buyer shall elect to either (i) accept title in the condition Seller offers it (with
any such defects) and pay the Total Purchase Price for the Property (without reduction or offset), and Buyer shall
not make any claims against Seller because of the alleged defects which will also be excepted from the special
warranty deed; or (ii) cancel this Agreement and receive a full refund of the Deposit, whereupon Seller will be
relieved of all obligations under this Agreement upon delivery to Buyer of the Deposit. If Buyer does not give
written notice of such election to Seller within said five (5) day period, Buyer will be deemed to have elected
option (i) ofthe preceding sentence.
12. CLOSING COSTS, Buyer understands that, in addition to the Total Purchase Price (which shall include all
Approved Upgrades and Change Orders), Buyer shall pay at Closing the following fees and costs ("Closing Costs"):
6
Buyer Initials
A. Deleted
B. The actual costs of: (i) officially recording the special warranty deed in the Public Records of Palm Beach
County, Florida; (ii); deleted (iii) title search fees, title examination fees, settlement fees, and closing
administration fees; and (iv) the premium for the Title Policy. Notwithstanding the forgoing, in the event Buyer
elects to use Seller's designated closing agent for the Closing (which Buyer has no obligation to do), all of the
foregoing costs listed in this Section 12.B. shall be paid by Seller at Closing, In the event Buyer does not so
designate, in writing, another closing agent at the time of execution of this Agreement, Buyer agrees that Seller
shall designate its closing agent to complete the Closing.
C. Buyer's prorated share of the quarterly maintenance assessment charged by the Association for the
quarterly assessment period in which the Closing occurs; provided, however, if the Closing shall occur in the last
month of any quarter, Buyer will be charged for the next quarter's assessment at Closing in addition to the
aforementioned proration for the current quarter;
D Deleted
E, Reimbursement to Seller for the cost of providing Buyer with: (i) a final as-built survey of the Property,
the cost of which shall not exceed $300, and (ii) a F.E.M.A. elevation certificate, if required, the cost of which
shall not exceed $200;
F. Reimbursement to Seller for any utility deposits or hook-up fees for the Property which Seller may have
advanced prior to Closing;
G. deleted
H. Any unpaid charges for any Approved Change Orders;
I. deleted
J. All fees, costs, points, and charges imposed by Buyer's mortgage lender, if any, shall be paid by Buyer at
Closing. Buyer acknowledges the Closing Costs referred to in Section 12.A. and 12.B. above do not include any
mortgage loan closing costs of any kind, including, without limitation, the cost of title insurance required by
Buyer's lender, In the event Buyer elects to use Seller's designated closing agent for the Closing, as aforesaid,
Seller agrees to cause the closing agent to provide title insurance to Buyer's lender for the lowest amount
permitted by law, and to coordinate the closing of Buyer's mortgage;
K. Real property taxes will be prorated through the day before Closing on the current year's tax amount for
the Property. If Closing occurs on a date when the current year's tax assessment is not available, taxes will be
prorated on the prior year's tax, as allocated to the Property by Seller, and will be later adjusted by Buyer and
Seller based on the exact amount of taxes, with allowance for the maximum applicable discount amount;
provided, however, that any request for adjustment and/or re-proration of real estate taxes must be made in
writing and delivered by the party requesting the adjustment to the other party within ninety (90) days of the date
the notice of the current year's real estate tax assessment is published by the applicable taxing authority. Buyer
understands and agrees that if no written request for adjustment or re-proration is made and delivered to Seller
within such ninety-day period, any entitlement to adjustment or re-proration of real estate taxes that may exist
shall be deemed waived.
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L. Certified Special Assessments as of the scheduled Closing Date shall be paid by Seller. Pending Special
Assessments assessed by governmental agencies as of the scheduled Closing Date shall be assumed by Buyer. If
any such Certified Special Assessments are payable in installments, the installment due in the year of Closing
shall be prorated and Buyer shall assume the balance of any such installments.
13. HOMEOWNERS' ASSOCIATION. Buyer acknowledges that (i) the Cannery Row Homeowners' Association,
Inc., a Florida corporation not-for-profit ("Association") has been established for the purpose of maintaining certain
aspects of the Property and the Project. Buyer understands that Seller, due to its present ownership of Lots and properties
comprising the Project, currently controls the Association and has the right to appoint officers and directors thereof in
accordance with the following documents governing the Property: (i) the Articles of Incorporation of the Association
("Articles"), (ii) the By-Laws of the Association ("By-Laws"), and (iii) the Declaration of Covenants and Restrictions
("Declaration"), all as amended from time to time (the Articles, By-Laws and Declaration are collectively referred to
herein as the "Homeowner Documents"). Buyer further acknowledges that upon Closing, Buyer shall automatically
become a member of the Association and shall be required to comply with all of the terms and provisions of the
Homeowner Documents, and Buyer further acknowledges that Buyer shall be liable for the payment of any and all regular
and special maintenance assessments levied against the Property pursuant to the Declaration, and that Buyer's failure to
pay any such assessments may result in penalties.
After Closing, and in accordance with the Declaration, Buyer shall be responsible for the maintenance of the
Property. In the event Buyer fails to properly maintain the Property in accordance with the Declaration, the Association
shall have the right, but not the obligation, to perform such maintenance required of Buyer pursuant to the Declaration, in
which event Buyer shall pay all cost incurred by the Association, including all collection costs, The Association shall have
the right to assess the Property for all maintenance costs incurred by the Association.
Buyer acknowledges receipt of the proposed Homeowner Documents, which Buyer agrees to adhere to and be
bound by the terms thereof, and any future changes provided that Buyer has consented to such changes as provided in the
Homeowners Association documents. The provisions of this Section 13 shall survive the Closing.
14. HOMEOWNER ASSOCIATION FEES. Buyer understands that any estimated operating budget provided to
Buyer (the "Budget") provides only an estimate of what it will cost to run the Association during the period of time stated
in the Budget. The Budget is not guaranteed to be an accurate prediction of the expenditures required of the Association,
and, as such, are subject to change at any time and from time to time to reflect actual and projected expenditures or
changes in assumptions. These changes may occur before or after Closing, but will not affect any of Buyer's obligations
under this Agreement or the Homeowner Documents, except as to resulting changes in closing prorations. Buyer
recognizes and agrees that Buyer's assessments may include expenses attributable to Common Property which are not
complete or usable by Buyer at any given time. The provisions of this Section 14 shall survive the Closing.
15. ADJUSTMENTS WITH THE ASSOCIATION. Buyer acknowledges that Seller may advance money to the
Association, or on behalf of the Association, to pay for certain Association expenses, including, without limitation,
insurance premiums, Common Property maintenance and repairs, utility charges and deposits, permit and license fees,
charges for service and maintenance contracts, salaries of Association employees, and other similar expenses. Seller is
entitled to be reimbursed by the Association to the fullest extent permitted by law for all such sums advanced or paid by
Seller on behalf of the Association.
16. DEFAULT. If Buyer fails, refuses or neglects to perform Buyer's obligations under this Agreement, Buyer shall
be deemed in "default", If Buyer remains in default thirty (30) days after Seller sends notice of any such default, Seller
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shall be entitled to the remedies provided herein. Seller has agreed to construct the Community Facility in connection
with obtaining certain development approvals from the City of Delray Beach for the Project. In that regard, Seller would
not construct the Community Facility except for the requirement by the City of Delray Beach to do so in order to grant
Seller the required development approvals for the Project. Buyer and Seller agree that as inclusion of the Community
Facility in the Project as a condition of receiving development approvals for the Project, it would have no value to Seller
in the event Buyer does not close on the purchase of the Community Facility, as such event may jeopardize the underlying
approvals for the Project. In the event Buyer's default is failing to close on the scheduled Closing Date, then Seller may
seek specific performance to compel it to close on the purchase and sale contemplated by this Agreement.
If Seller fails, refuses or neglects to perform Seller's obligations under this Agreement, Seller shall be deemed in
"default." If Seller defaults under this Agreement, Buyer shall give Seller written notice specifying any such default. If
Seller has not cured the default within ten (10) days following Seller's receipt of Buyer's default notice, or, where the
nature of the specified default cannot reasonably be cured within such ten-day period, Seller has not commenced a course
of action and thereafter diligently pursued such course of action as reasonably required to promptly cure such default
within ninety (90) days, Buyer may either (I) receive a refund of all monies paid by Buyer under this Agreement or (2)
seek specific performance, without thereby waiving an action to recover Buyer's actual and direct damages (out-of-pocket
amounts actually paid by Buyer to third parties).
Acceptance of a special warranty deed at Closing shall be Buyer's acknowledgment of full performance by Seller
of all of its agreements, duties and obligations under this Agreement and no agreement, duty or obligation of Seller shall
survive the Closing except the obligation of Seller to complete the Punch List, the Limited Warranty provided in Section
19 below, and the warranties contained in the special warranty deed. The provisions of this Section 16 will survive
Closing.
17. Deleted.
18. ONGOING ACTIVITIES. Buyer understands that as long as Seller owns property within the Project, it may
retain offices and model homes within the Project (including on or within Common Property, and any improvements
thereon). Seller's sales representatives may show homes, erect advertising signs and conduct any and all activities
whatsoever as is necessary and appropriate for the sales, leasing or management of the Project. In addition to the
foregoing, Seller, and its affiliates, assignees, contractors, subcontractors, licensees and designees may conduct such
construction, marketing and other activities in or around the Project as are deemed necessary or appropriate in the sole
discretion of Seller or the party conducting such activities on Seller's behalf, or with Seller's consent, Without limiting
the generality of the foregoing, and as a material inducement to Seller to enter into this Agreement, Buyer acknowledges
and agrees that SELLER AND/OR OTHER PARTIES MAY BE CONDUCTING CONSTRUCTION, SALES,
LEASING, AND OTHER ACTIVITIES WITHIN OR AROUND THE PROPERTY AND THE PROJECT, BOTH
BEFORE AND AFTER The CLOSING. BUYER RECOGNIZES THE RIGHTS OF SELLER, OR OTHERS
PERMITTED BY SELLER, TO CONDUCT SUCH ACTIVITIES AND HEREBY AGREES NOT TO: (i) DEEM ANY
OF THESE ACTIVITIES TO BE NUISANCES OR NOXIOUS OR OFFENSIVE ACTIVITIES, (ii) ENTER, OR
ALLOW ANY OTHERS UNDER BUYER'S CONTROL TO ENTER, ANY AREAS WHERE SUCH ACTIVITIES
ARE BEING CONDUCTED (EVEN WHEN THEY HAVE TEMPORARILY CEASED, SUCH AS DURING NON-
WORKING HOURS), OR (iii) INTERFERE WITH, RESTRICT OR IMPEDE THE WORK OF SELLER OR OTHERS
WITHIN THE PROJECT, AND BUYER HEREBY GRANTS SELLER ACCESS TO THE LOT AND ALL PORTIONS
THEREOF, SUBSEQUENT TO CLOSING IN ORDER TO COMPLETE ANY WORK WITHIN THE PROJECT.
19, SELLER'S LIMITED WARRANTY. DISCLAIMER OF IMPLIED WARRANTIES. Seller agrees to
repair, at Seller's expense, for a period of one (1) year from Closing, all materials that may prove to be defective within
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one (1) year from the Closing Date ("Limited Warranty"). It is expressly understood that this obligation shall be void if
the need for such repairs arises from an act or failure to act by Buyer or Buyer's agents, servants, lessees, employees, or
invitees, or if such need arises by virtue of an act of God, or if Buyer shall have attempted to repair same without first
giving Seller thirty (30) days prior written notice thereof. This Limited Warranty shall be the only warranty that Seller
shall make or be obligated to make regarding the Property or Project.
BUYER UNDERSTANDS THAT THE ABOVE-DESCRIBED LIMITED WARRANTY TO BE
DELIVERED TO BUYER AT CLOSING IS THE ONLY WARRANTY MADE BY SELLER WITH REGARD
TO THE PROPERTY OR THE PROJECT, AND, TO THE MAXIMUM LAWFUL EXTENT AND UNLESS
CLEARLY AND ABSOLUTELY PROlllBITED BY LAW, ALL IMPLIED WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE, MERCHANTABILITY AND HABITABILITY, ANY WARRANTIES IMPOSED BY
STATUTE, AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES OF ANY KIND OR
CHARACTER ARE SPECIFICALLY DISCLAIMED, AND SELLER HAS NOT GIVEN AND BUYER HAS
NOT RELIED ON OR BARGAINED FOR ANY SUCH WARRANTIES. AS TO ANY IMPLIED WARRANTY
THAT CANNOT BE DISCLAIMED ENTIRELY, ALL SECONDARY, INCIDENTAL AND CONSEQUENTIAL
DAMAGES ARE SPECIFICALLY EXCLUDED, WAIVED AND DISCLAIMED (CLAIMS FOR SUCH
SECONDARY, INCIDENTAL AND CONSEQUENTIAL DAMAGES BEING CLEARLY UNAVAILABLE IN
THE CASE OF IMPLIED WARRANTIES WmCH ARE DISCLAIMED ENTIRELY ABOVE). BUYER
UNDERSTANDS AND HEREBY AGREES TO THE TERMS AND CONDITIONS OF THE LIMITED
WARRANTY. Without limiting the generality of the foregoing, if, but only if, Seller is prohibited from disclaiming
entirely certain implied warranties by reason of the provisions of the "Magnuson-Moss Warranty Act" (15 U.S,C. SS230I-
2312) (the "Warranty Act"), if applicable, Seller HEREBY LIMITS THOSE IMPLIED WARRANTIES, IF ANY,
AS FOLLOWS: (i) IN SCOPE TO THOSE, IF ANY, GIVEN ON "CONSUMER PRODUCTS," IF ANY, AS
DEFINED IN THE WARRANTY ACT, IF APPLICABLE) WIllCH ARE ACTUALLY COVERED BY THE
LIMITED WARRANTY, AND (ii) IN DURATION TO THE ONE YEAR PERIOD OF SELLER'S LIMITED
WARRANTY, AND ALL THOSE IMPLIED WARRANTIES, IF ANY, ARE HEREBY DISCLAIMED
ABSOLUTELY THEREAFTER. Buyer understands and agrees that Seller is authorized to utilize a 3rd party warranty
management service in connection with the administration of any warranty provided to Buyer for the Community Facility,
and that Buyer agrees to execute any registration forms or agreements in connection with such warranty administration,
Seller will deliver to Buyer, at Closing, any and all manufacturers' warranties, which will be passed through to Buyer at
Closing, none of which manufacturers' warranties are expressly warranted in any way by Seller. The provisions of this
Section 19 will survive Closing.
21. NOTICES. Unless this Agreement states other methods of giving notices, whenever either party is required or
desires to give notice to the other party, the notice must be in writing and sent either: (i) by first class mail, postage
prepaid (unless sent outside of the United States, in which event written notices to Buyer may be sent by regular air mail);
(ii) by facsimile transmission or electronic mail if Buyer has indicated a facsimile number or electronic mail address on
Page I of this Agreement; or (iii) by a national overnight courier service, to the address for Buyer set forth on Page 1 of
the Agreement. A change of address notice is effective when it is received. All other written notices are effective on the
day they are properly mailed, transmitted, or delivered, as the case may be, whether or not received (and all permitted
non-written notices to Buyer are effective on the date given by Seller) unless receipt is required as specifically set forth in
portions of this Agreement.
22. TRANSFER OR ASSIGNMENT. Buyer may transfer or assign Buyer's interest in this Agreement to the
Delray Beach Community Redevelopment Agency or the Delray Beach Community Land Trust, Inc. without the
approval of Seller, if Buyer wishes to assign this Agreement to another entity it must first obtain consent
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of Seller, which shall not be unreasonably withheld. Seller may assign or transfer freely all of its rights and
obligations under this Agreement.
23. Deleted.
24. FLORIDA LAW~ SEVERABILITY, This Agreement shall be governed by, and construed and enforced in
accordance with the laws of the State of Florida, and any disputes in connection with this Agreement will be settled
according to Florida law.
If any part of this Agreement violates a provision of Florida or federal law, such law will control. ill such case,
however, the remainder of the Agreement (not in violation) will remain in force and effect. Without limiting the generality
of the foregoing, it is Buyer's and Seller's mutual desire and intention that all provisions of this Agreement be given full
effect and be enforceable strictly in accordance with their terms. If, however, any part of this Agreement is not
enforceable in accordance with its terms or would render other parts of this Agreement or this Agreement, in its entirety,
unenforceable, the unenforceable part or parts are to be judicially modified, if at all possible, to come as close as possible
to the expressed intent of such part or parts (and still be enforceable without jeopardy to other parts of this Agreement, or
this Agreement in its entirety), and then are to be enforced as so modified, If the unenforceable part or parts cannot be so
modified, such part or parts will be stricken and considered null and void, and the remainder of this Agreement shall
continue in full force and effect, in order that the mutual paramount goal (that this Agreement is to be enforced to the
maximum extent possible strictly in accordance with its terms) can be achieved.
Without limiting the generality of the foregoing, if the mere inclusion in this Agreement of terms granting to
Seller certain rights and powers, or waiving or limiting any of Buyers rights or powers or Seller's obligations (which
otherwise would be applicable in the absence of such terms), results in a final conclusion (after giving effect to the above
judicial modification, if possible) that Buyer has the right to cancel this Agreement and receive a refund of Buyer's
Deposit, such offending rights, powers, limitations and/or waivers shall be stricken, cancelled, rendered unenforceable,
ineffective and null and void. Under no circumstances shall either Buyer or Seller have the right to cancel this Agreement
solely by reason of the inclusion of certain language in this Agreement (other than language which is intended specifically
to create such a cancellation right). THE FOLLOWING SENTENCE WILL SUPERSEDE AND TAKE
PRECEDENCE OVER ANYTHING IN TIDS AGREEMENT THAT IS IN CONFLICT WITH IT: IF ANY
PROVISIONS SERVE TO LIMIT OR QUALIFY SELLER'S SUBSTANTIAL COMPLETION OBLIGATION
HEREIN, AND SUCH LIMITATIONS OR QUALIFICATIONS ARE NOT PERMITTED IF THE EXEMPTION
OF TIDS SALE FROM THE INTERSTATE LAND SALES FULL DISCLOSURE ACT PURSUANT TO 15
U.S.c. ~ 1702(a)(2) IS TO APPLY OR TIDS AGREEMENT IS TO OTHERWISE BE FULLY ENFORCEABLE,
THEN ALL THOSE PROVISIONS ARE HEREBY STRICKEN AND MADE NULL AND VOID AS IF NEVER
A PART OF TIDS AGREEMENT. FOR PURPOSES OF TIDS PARAGRAPH ONLY, THE WORDS "TillS
AGREEMENT" INCLUDE IN THEIR MEANING THE HOMEOWNER DOCUMENTS.
25. TIME OF THE ESSENCE. The performance of all obligations on the precise times stated in this Agreement is
of absolute importance, and failure to perform any such obligations on time is an event of default, time being of the
essence with respect to each provision of this Agreement which requires performance by Buyer within a specified time
period or upon a specified date. If the deadline for the performance of any obligation under this Agreement, or the
expiration of any time period under this Agreement, falls on a Saturday, Sunday or legal holiday, then the applicable time
period shall be extended to the next succeeding business day.
26. ENTIRE AGREEMENT, This Agreement constitutes the entire understanding between the parties, and may
not be amended except by written agreement executed by all parties hereto. Any current or prior agreements,
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understandings, verbal and visual representations and statements, including, without limitation, artist's rendering, sales
and advertising materials, or oral statements and representations of Seller's sales representatives, if not expressed in this
Agreement or in the Homeowner Documents, are hereby merged into the terms of this Agreement and are void and have
no effect, and Buyer acknowledges that Buyer has not relied on any such information or materials.
27. LITIGATION, The venue of any litigation or other dispute resolution arising out of this Agreement shall be
Palm Beach County, Florida. This provision shall survive the Closing or earlier termination hereof,
28. Deleted
29. SURVIVAL. The provisions and disclaimers in this Agreement which are expressly set forth herein to have
effect after Closing (but only those provisions and disclaimers) will continue to be effective after Closing and delivery of
the deed. All other provisions of the Agreement shall be deemed performed or waived at Closing, and shall be merged
into the deed.
30. INCORPORATION BY REFERENCE. Every exhibit, schedule, modification, rider, and other addendum and
appendix attached to this Agreement or referred to herein is hereby incorporated in this Agreement.
31. Deleted.
32. Deleted.
33. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies provided by this Agreement are
cumulative and the use of anyone right or remedy by any party shall not preclude or waive its right to use any or all other
remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance
or otherwise.
34. CONSTRUCTION. Every covenant, term, provision of this Agreement shall be construed simply according to
its fair meaning, and shall not be more strictly construed against anyone of the parties hereto. Further, notwithstanding
the fact that the form of this Agreement has been drafted, initially, by Seller, all parties to this Agreement have
participated fully in the negotiation and preparation hereof, and as this Agreement has been fully negotiated between the
parties hereto, the principle of contract interpretation which would result in any ambiguity being construed against the
draftsman shall not, and is not intended, to apply. In construing this Agreement, the singular shall be held to include the
plural, the plural shall be held to include the singular, and the use of any gender shall be held to include every other
gender. The titles and captions contained herein are for convenience only and shall not be deemed a part of the context of
this Agreement.
35. NEGOTIATIONS. Buyer acknowledges that the negotiation of this Agreement and all discussions with Seller
and its agents regarding the sale of the Property were conducted in the English language. Buyer also acknowledges that
(a) Buyer has had ample opportunity to inspect the documents provided to Buyer pursuant to this Agreement, and
pursuant to any request of Buyer, and (b) that although Seller's sales agents are not authorized to change the form of this
Agreement, they have strict instructions from Seller to communicate any of Buyer's requests for changes to this
Agreement to Seller's management, which has given Buyer the opportunity to discuss and negotiate any such changes to
the Agreement. In light of the foregoing, Buyer's decision to sign this Agreement now is totally free and voluntary and
Buyer acknowledges and accepts all of the provisions of the Agreement and the HemeoYlner Doeuments as fair,
reasonable, negotiated, discussed and explained to Buyer's complete satisfaction.
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36, COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed an
original, and shall be binding upon the party or parties who executed same, but all of such counterparts shall constitute
one and the same Agreement.
37. EFFECTIVE DATE. The effective date ("Effective Date") of this Agreement shall be the date stated on
Page 1 of this Agreement, and shall be the date from which all time periods under this Agreement are computed.
38. Deleted
39. OTHER STATUTORY DISCLOSURES.
A. ChaDter 558 Notice of Claim. CHAPTER 558, FLORIDA STATUTES CONTAINS IMPORTANT
REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY BRING ANY LEGAL ACTION FOR AN
ALLEGED CONSTRUCTION DEFECT IN YOUR COMMUNITY FACILITY. SIXTY DAYS BEFORE YOU
BRING ANY LEGAL ACTION, YOU MUST DELIVER TO THE OTHER PARTY TO TillS CONTRACT A
WRITTEN NOTICE REFERRING TO CHAPTER 558 OF ANY CONSTRUCTION CONDITIONS YOU
ALLEGE ARE DEFECTIVE AND PROVIDE SUCH PERSON THE OPPORTUNITY TO INSPECT THE
ALLEGED CONSTRUCTION DEFECTS AND TO CONSIDER MAKING AN OFFER TO REPAIR OR PAY
FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER
WillCH MAY BE MADE. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER TillS FLORIDA
LAW WillCH MUST BE MET AND FOLLOWED TO PROTECT YOUR INTERESTS.
B. Florida Homeowners' Construction Recovery Fund. FLORIDA HOMEOWNERS'
CONSTRUCTION RECOVERY FUND: PAYMENT MAY BE AVAILABLE FROM THE FLORIDA
HOMEOWNERS' CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT
PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF
FLORIDA LAW BY A LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND
AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT
THE FOLLOWING TELEPHONE NUMBER AND ADDRESS:
FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD
1940 NORTH MONROE STREET
TALLAHASSEE, FLORIDA 32399-1039
(850) 487-1395.
C. Real Estate Taxes. BUYERS SHOULD NOT RELY ON THE SELLER'S CURRENT
PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED
TO PAY IN THE YEARS SUBSEQUENT TO PURCHASE. A CHANGE IN OWNERSHIP OR PROPERTY
IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN
illGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT
THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION.
D, Homeowner's Association Disclosure Summarv. ATTACHED HERETO AS EXIllBIT "D" IS
A HOMEOWNER ASSOCIATION DISCLOSURE SUMMARY REQUIRED BY SECTION 720.401, FLORIDA
STATUTES WillCH IS HEREBY INCORPORATED IN AND MADE A PART OF TillS AGREEMENT. IF
THE DISCLOSURE SUMMARY REQUIRED BY SECTION 720.401, FLORIDA STATUTES, HAS NOT BEEN
PROVIDED TO THE PROSPECTIVE PURCHASER BEFORE EXECUTING TillS CONTRACT FOR SALE,
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TillS CONTRACT IS VOIDABLE BY BUYER BY DELIVERING TO SELLER OR SELLER'S AGENT OR
REPRESENTATIVE WRITTEN NOTICE OF THE BUYER'S INTENTION TO CANCEL WITIllN 3 DAYS
AFTER RECEIPT OF THE DISCLOSURE SUMMARY OR PRIOR TO CLOSING, WHICHEVER OCCURS
FIRST. ANY PURPORTED WAIVER OF TillS VOIDABILITY RIGHT HAS NO EFFECT. BUYER'S RIGHT
TO VOID TillS CONTRACT SHALL TERMINATE AT CLOSING.
E. Insulation Disclosure. Seller has disclosed to Buyer, as required by the applicable rules of the Federal
Trade Commission that the type, thickness, R-value and location of the insulation Seller intends to install in the
Community Facility, are as follows: None, as no insulation shall be installed by Seller.
Buyer understands that the above information is based solely on the information provided by the manufacturers of
such insulation products, and Buyer agrees that Seller is not responsible for any manufacturers' errors or discrepancies.
All of the foregoing information is subject to Seller's rights, under this Agreement to make changes in the Construction
Specifications, and to any applicable limitations of Seller's liability to Buyer. Pursuant to F.S" Chapter 553,996, Buyer
acknowledges receipt of the Energy-Efficiency Standards published by the Florida Dept. of Community Affairs, which
among other things, notifies Buyer of the option of obtaining, at Buyer's expense, an energy-efficiency rating on the
Community Facility.
F. Radon Gas, Seller does not conduct radon testing with respect to the Property, and specifically
disclaims any and all representations or warranties as to the absence of radon gas or radon producing conditions in
connection with the Property. THE FOLLOWING PARAGRAPH IS PROVIDED FOR INFORMATIONAL
PURPOSES PURSUANT TO FLORIDA STATUTES 404.056(8): RADON GAS IS A NATURALLY OCCURRING
RADIOACTIVE GAS THAT, WHEN IT HAS ACCUMULATED IN A BUILDING IN SUFFICIENT
QUANTITIES, MAY PRESENT HEALTH RISKS TO PERSONS WHO ARE EXPOSED TO IT OVER TIME.
LEVELS OF RADON THAT EXCEED FEDERAL AND STATE GUIDELINES HAVE BEEN FOUND IN
BUILDINGS IN FLORIDA. ADDITIONAL INFORMATION REGARDING RADON AND RADON TESTING
MAY BE OBTAINED FROM YOUR COUNTY PUBLIC HEALTH DEP ARTEMENT.
40, ADDITIONAL DISCLOSURES AND DISCLAIMERS. Seller hereby discloses the following information to
Buyer which Buyer should carefully evaluate in its decision to purchase the Property:
(a) Buyer acknowledges that certain aspects ofthe Common Property may, in some cases, be unfinished as of
the date of Closing, and that Buyer will accept such improvements and facilities in their "AS IS"
condition as of the Closing Date.
(b) Although the glass and windows in the Community Facility are impact-resistant, according to the
manufacturer, Seller makes no representations as to the resistance qualities or capabilities of the glass
windows or doors in the case of a major weather event.
(c) Buyer acknowledges Seller may obtain FNMA or FHLMC project approval; however, Seller is not
required to obtain the approval.
(e) Buyer acknowledges that any proposed Association budget provided to Buyer reflects estimated
expenses, and, as an estimate, such expenses are subject to change between the time of Buyer's receipt of
any proposed Association budget and the time such expenses are to be paid by the Association,
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The provisions of this Section 40 will survive Closing.
BY SIGNING BELOW, BUYER AND SELLER AGREE TO BE BOUND BY ALL TERMS AND PROVISIONS
OF TillS AGREEMENT. ACCORDINGLY, BUYER IS HEREBY ADVISED TO CAREFULLY REVIEW TillS
AGREEMENT AND THE HOMEOWNER DOCUMENTS, AND TO CONSULT WITH AN ATTORNEY OF
BUYER'S CHOICE. If, after the execution of this Agreement, Buyer or any attorney on Buyer's behalf, informs Seller
that Buyer desires or intends to terminate this Agreement, or that Buyer is or may be unable or unwilling to comply with
any of the terms of this Agreement, then, at the option of Seller, same will constitute a default by Buyer.
IN WITNESS WHEREOF, the parties hereto have sworn to and executed this Agreement as of the date first
above written.
SELLER:
CANNERY ROW LLC,
a Florida limited liability company
By: Ironwood Development, mc"
a Florida corporation, its Managing Member
By:
Cary Glickstein, as President
BUYER:
CITY OF DELRA Y BEACH
By:
Print Name:
Attest:
Print Name:
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EXHIBIT "A"
PLAT
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EXHIBIT "B"
FLOOR PLANS AND ELEVATIONS
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EXHIBIT "C"
CONSTRUCTION SPECIFICATIONS
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EXHIBIT "D"
DISCLOSURE SUMMARY FOR CANNERY ROW HOMEOWNERS ASSOCIATION
IF THE DISCLOSURE SUMMARY REQUIRED BY CHAPTER 720, FLORIDA STATUTES, HAS NOT BEEN
PROVIDED TO THE PROSPECTIVE PURCHASER BEFORE EXECUTING THIS CONTRACT FOR SALE,
THIS CONTRACT IS VOIDABLE BY BUYER BY DELIVERING TO SELLER OR SELLER'S AGENT OR
REPRESENTATIVE WRITTEN NOTICE OF THE BUYER'S INTENTION TO CANCEL WITHIN 3 DAYS
AFTER RECEIPT OF THE DISCLOSURE SUMMARY OR PRIOR TO CLOSING, WHICHEVER OCCURS
FIRST. ANY PURPORTED WAIVER OF THIS VOIDABILITY RIGHT HAS NO EFFECT. BUYER'S RIGHT
TO VOID THIS CONTRACT SHALL TERMINATE AT CLOSING.
BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THIS
DISCLOSURE.
1. AS A BUYER OF PROPERTY IN THIS COMMUNITY, YOU WILL BE OBLIGATED TO BE A MEMBER OF A
HOMEOWNERS' ASSOCIATION ("ASSOCIATION").
2, THERE HAVE BEEN OR WILL BE RECORDED RESTRICTIVE COVENANTS ("COVENANTS") GOVERNING
THE USE AND OCCUPANCY OF PROPERTIES IN THIS COMMUNITY,
3, YOU WILL BE OBLIGATED TO PAY ASSESSMENTS TO THE ASSOCIATION, ASSESSMENTS MAY BE
SUBJECT TO PERIODIC CHANGE, IF APPLICABLE, THE CURRENT AMOUNT IS $330,00 PER MONTH.
YOU WILL ALSO BE OBLIGATED TO PAY ANY SPECIAL ASSESSMENTS IMPOSED BY THE
ASSOCIATION, SUCH SPECIAL ASSESSMENTS MAY BE SUBJECT TO CHANGE, IFAPPLICABLE, THE
CURRENT AMOUNT IS $0.00,
4, YOU MAYBE OBLIGATED TO PAY SPECIAL ASSESSMENTS TO THE RESPECTIVE MUNICIPALITY,
COUNTY, OR SPECIAL DISTRICT, ALL ASSESSMENTS ARE SUBJECT TO PERIODIC CHANGE.
5, YOUR FAILURE TO PAY SPECIAL ASSESSMENTS OR ASSESSMENTS LEVIED BY A MANDATORY
HOMEOWNERS' ASSOCIATION COULD RESULT IN A LIEN ON YOUR PROPERTY.
6. THERE MAY BE AN OBLIGATION TO PAY RENT OR LAND USE FEES FOR RECREATIONAL OR OTHER
COMMONLY USED FACILITIES AS AN OBLIGATION OF MEMBERSHIP IN THE HOMEOWNERS'
ASSOCIATION. IF APPLICABLE, THE CURRENT AMOUNT IS $ 0,00.
7. THE DEVELOPER MAY HAVE THE RIGHT TO AMEND THE RESTRICTIVE COVENANTS WITHOUT THE
APPROV AL OF THE ASSOCIATION MEMBERSHIP OR THE APPROVAL OF THE PARCEL OWNERS,
8. THE STATEMENTS CONTAINED IN THIS DISCLOSURE FORM ARE ONLY SUMMARY IN NATURE, AND,
AS A PROSPECTIVE PURCHASER, YOU SHOULD REFER TO THE COVENANTS AND THE ASSOCIATION
GOVERNING DOCUMENTS BEFORE PURCHASING PROPERTY.
9. THESE DOCUMENTS ARE EITHER MATTERS OF PUBLIC RECORD AND CAN BE OBTAINED FROM THE
RECORD OFFICE IN THE COUNTY WHERE THE PROPERTY IS LOCATED. OR ARE NOT RECORDED AND
CAN BE OBTAINED FROM THE DEVELOPER,
BUYER
DATE
DATE
BUYER
19
Buyer Initials
Prepared by and Return to:
Ironwood Development, Inc,
277 SE 5th Avenue
Delray Beach, Florida 33483
CANNERY ROW
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS (the "Declaration") is made this
day of , 2006Z. by CANNERY ROW LLC, a Florida limited liability company
("Developer"),
WIT N E SSE T H:
WHEREAS, Developer is the fee simple owner of certain real property located in Palm Beach County,
Florida, which is more particularly described on Exhibit "A" attached hereto and made a part hereof (the
"Property"); and
WHEREAS, Developer is developing all of the Property as a residential townhome community to be
known as Cannery Row ("Cannery Row"), which shall include therein various Common Property, as
hereinafter defined, for the collective use of all Owners of Cannery Row, and which shall consist of the
Property now submitted to this Declaration; and
WHEREAS, Developer desires to: (I) provide for the preservation of the values, amenities and
improvements of the Property as are hereby or as may be hereafter established; (ii) to provide for the
maintenance, repair, replacement and administration of the Property; and (Hi) to establish the rights, duties
and obligations of Owners relative to the use of the Property and the payment of their respective shares of the
cost of maintenance, repair, replacement and administration of the Property; and
WHEREAS, Developer has caused Cannery Row Homeowners' Association, Inc., a Florida
corporation not-for-profit (the "Association"), to be incorporated under the laws of the State of Florida for the
purpose of performing those functions hereinabove set forth, which Association has joined in this Declaration
and to which there has been and will be delegated and assigned certain powers and duties of ownership,
operation, administration, maintenance and repair of the Property, the enforcement of the covenants and
restrictions hereinafter set forth" and the collection and disbursement of Operating Expenses, as hereinafter
defined.
WHEREAS, Developer desires to commit the Property to the terms and provisions of this Declaration,
and Developer shall convey all Common Property, Lots and Residences, as defined herein, subject to the
terms and provisions of this Declaration.
NOW, THEREFORE, in consideration of the premises and covenants contained herein, Developer
hereby declares that the Property shall be owned, held, used, transferred, sold, conveyed, demised and
occupied subject to the covenants, restrictions, easements, reservations, regulations, conditions, burdens and
liens set forth herein, all of which are for the purpose of enhancing and protecting the value, desirability, and
attractiveness of the Property, These covenants, restrictions, easements, reservations, regulations,
conditions, burdens and liens shall run with the Property, and shall be binding on all parties having or acquiring
any right, title, interest in the Property or any portion thereof, and shall inure to the benefit of each Owner
thereof.
ARTICLE I
DEFINITIONS
The following words and phrases when used in this Declaration (unless the context should clearly
reflect another meaning) shall have the following meanings:
1. "Property" shall mean all of that certain real property described on Exhibit "A" attached
hereto and made apart hereof,
2. "Cannery Row" shall mean the eighty-three (83) single-family townhome community,
Community Facility, as defined herein, and related Common Property, as defined herein, known as "Cannery
Row" to be constructed upon the Property,
3. "Owners" shall mean all record owners, collectively, whether one or more persons or entities,
of fee simple title to any Lot that is a part of the Property.
4. "Plat" shall mean the instrument entitled CANNERY ROW, according to the Plat thereof, as
recorded in Plat Book _' at Page _' of the Public Records of Palm Beach County, Florida.
5. "Lot" shall mean a portion of the Property upon which a "Residence" is permitted to be
erected or has been erected, and as shown on the recorded Plat, and shall specifically exclude Common
Property.
6. "Residence" shall mean any residential single-family dwelling unit located within a Lot within
the Property,
7. "Common Property" shall mean all portions of the Property other than Lots and
Residences,
8. "Residential Property" shall mean all portions of the Property designated as such in this
Declaration, and, collectively, are all those portions of the Property upon which Residences may be
constructed,
9. "Developer" shall mean Cannery Row LLC, a Florida limited liability company, its successors
and assigns,
10. "Association" shall mean Cannery Row Homeowners' Association, Inc" a Florida
corporation not-for-profit.
11. "Articles" shall mean the Articles of Incorporation of the Cannery Row Homeowner's
Association, Inc" all exhibits which are attached thereto and made a part thereof, and shall include such
amendments, if any, as may be adopted from time to time pursuant to the terms thereof. The Articles are
attached as Exhibit "B" hereto and made a part hereof.
12. "By-Laws" shall mean the By-Laws of the Cannery Row Homeowner's Association, Inc" all
exhibits which are attached thereto and made a part thereof, and shall include such amendments, if any, as
may be adopted from time to time pursuant to the terms thereof, The By-Laws are attached as Exhibit "C"
hereto and made a part hereof,
13. "Directors" or "Board" shall mean the Board of Directors of the Association.
14. "Declaration" shall mean this instrument and any and all supplements or amendments
hereto.
15. "Cannery Row Documents" shall mean in the aggregate the Plat, Declaration, Articles, By-
Laws, and all of the instruments and documents referred to therein or referred to herein,
16. "Members" shall mean all Owners, collectively, who are Members of the Association as
provided herein.
17. "Operating Expenses" shall mean the expenses for which Owners are liable to the
Association as described in this Declaration, and in any other of Cannery Row Documents, and includes,
without limitation, the costs and expenses incurred by the Association in administering, operating, maintaining,
repairing and replacing the Common Property, and all improvements thereon and thereto, and those elements
of the Lots and Residences which are to be maintained, repaired, and replaced by the Association as provided
in this Declaration.
18. "Lenders" shall mean: (I) any lending institution having a first mortgage lien upon a Lot,
including any Savings and Loan Association, Bank, Real Estate Investment Trust, or Mortgage Banking
Company doing business in the State of Florida; (ii) the Federal National Mortgage Association, Government
National Mortgage Association, Federal Home Loan Mortgage Corporation and such other secondary
mortgage market institutions which have acquired a first mortgage lien upon a Lot; (Hi) any and all investing or
lending institutions, or the successors and assigns of such lenders, which have loaned money to Developer to
acquire or construct improvements upon the Property and which hold a mortgage upon any portion of the
Property securing such a loan; and (iv) any entity which acquires title to a Lot at a Clerk's sale following the
foreclosure of a mortgage lien in favor of a Lender as herein defined,
19. "City" shall mean the City of Delray Beach, Florida.
20. "County" shall mean Palm Beach County, Florida.
21. "Utilities" shall mean all water, sanitary sewer, drainage, electric, gas, telephone, cable
television, and other public or private utility systems, services and facilities serving the Common Property, Lots
and Residences.
22. "Community Facility" shall mean the Unit City agency owned community facility situated on
Lot 12 and Lot 12. that shall ser\'ging tho art community within tho City pursuant to rulos of operation stated
herein and a8 promulgated by the City from timo to time.
23. "Corner Park" shall mean the public park are in the Northeast corner of the Property, as
depicted on the Tract "G" on the Plat, which shall be open to the public pursuant to rules promulgated by the
City from time-to-time for the Corner Park, which may include the display of public art,
24. "Turnover Date" shall mean the date upon which Developer no longer controls the
Association's Board of Directors by virtue of Developer's appointees being Directors, which shall occur upon
the earliest of the following events to occur: (I) within ninety (90) days following the date upon which ninety
percent (90%) of the Lots in Cannery Row have been conveyed to third party purchasers; (ii) five (5) years
following conveyance of the first Lot to a third party purchaser; or (iii) Developer's election to allow Owners to
appoint a new Board of Directors which is comprised of Owners other than Developer,
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
The Property shall be owned, held, used, transferred, sold, conveyed, demised and occupied subject
to the terms and provisions of this Declaration, and any lawful amendments hereto.
ARTICLE III
LAND USE CLASSIFICATIONS AND RESTRICTIONS
In consideration of the benefits hereinafter contained, Developer does hereby declare that the
following provisions shall be applicable to the Property, which shall be sold, transferred, conveyed, demised
and occupied subject to the terms of this Declaration, to wit:
1. Residential Property. Residential Property is that portion of the Property upon which
Residences may be constructed and shall be for residential use only. Residential Property consists of Lots 1 -
11, inclusive and Lots 13 -83, inclusive, as depicted on the Plat. Except for facilities relating to the
construction, development, and sales activities of Developer which are permitted on Residential Property as
provided herein, only Residences may be constructed on Residential Property. Commercial or business
activities are not permitted on Residential Property except for the construction, development and sale of the
Lots and Residences constructed thereon, and except for direct accessory services to the Residential Property
such as the provision of Utilities, maintenance and repair of Lots and Residences, and other such services,
2. Common Property.
a. Owner's Right of Eniovment.
The Common Property shall be for the sole and exclusive use of Residence Owners and
Residence Owner's family, guests, invitees and tenants; provided, however, that the Community Facility
Owner and Community Facility Occupants, as defined herein, shall only have a right and easement for ingress
and egress over Common Property, Subject to the provisions of this Declaration, Owners shall have a right
and easement of enjoyment in and to the Common Property in common with all other Owners and such rights
and easements shall be appurtenant to and pass with the title of every Lot. Such rights and easements shall
inure to the benefit of Owners and Owner's family, guests, and tenants, though subject to:
Owners;
(I) The right of the Association to limit the number of guests and tenants of Residence
(ii) The right of the Association, in accordance with its Articles and By-Laws, to borrow
money for the purpose of improving the Common Property and the facilities thereon and, in aid thereof, to
mortgage said Common Property, and the rights of such mortgagee in the Common Property shall be
subordinate to the rights of the Owners hereunder;
(Hi) The right of the Association to suspend the voting rights of any Owner and to suspend
the rights of any Owner to the use of the Common Property for any period during which any Assessment
against such Owner's Lot remains unpaid, and for a period not to exceed sixty (60) days for any infraction of
the Association's published rules and regulations;
(iv) The right of the Association to dedicate or transfer all or any part of the Common
Property to any public agency, authority, or utility for such purposes and subject to such conditions as may be
agreed to by the Owners. No such dedication or transfer shall be effective unless an instrument signed by not
less than two-thirds (2/3) of all Owners entitled to vote has been recorded, agreeing to such dedication or
transfer, and unless written notice of the proposed action is sent to all Owners not less than 30 days nor more
than 60 days in advance of the duly called meeting at which the vote on such dedication or transfer is held,
Nothing contained herein shall be construed to imply that any Common Property may be dedicated or
transferred without complying with the zoning and platting regulations of the governmental authorities having
jurisdiction over the Property;
(v) The right of Developer or the Association to establish, from time to time, certain
easements over the Common Property for purposes of installing, maintaining and repairing Utilities, which
easements may benefit property and persons not subject to this Declaration; and
(vi) The right of duly authorized employees, contractors and agents of the Association to
enter upon the Common Property for proper purposes of the Association, and the right of designated officials
of governmental authorities having jurisdiction over the Property to enter upon the Common Property for
purposes of enforcing applicable ordinances, rules, and regulations of said governmental authorities, and to
correct or eliminate nuisances or violations resulting from the failure of either an Owner or the Association to
exercise its maintenance responsibilities,
b. Title to Common Property.
Developer hereby covenants for itself, its successors and assigns that it will convey to the
Association fee simple title to the Common Property on or before the Turnover Date, free and clear of all
encumbrances and liens, but subject to the terms and provisions of this Declaration, real estate taxes for the
year of such conveyance; all applicable zoning ordinances; and all covenants, easements, restrictions and
reservations of record,
Except as is provided herein, once the Common Property, or any portion thereof, becomes vested in
the Association, such Common Property, or any portion thereof, so vested in the Association and the
improvements thereon shall not be abandoned, partitioned, subdivided, alienated, released, transferred,
hypothecated, or otherwise encumbered without first obtaining the written approval of all Lenders (as shown by
the Public Records of the County); provided, however, that nothing in this Section shall be deemed to prohibit
the Association from granting such easements as are reasonably necessary or appropriate for the
development and improvement of the Common Property and the use thereof in a manner consistent with the
provisions of this Declaration, nor shall the foregoing prohibit the Association from encumbering the Common
Property provided such encumbrances are solely to secure loans for improving the Common Property being
encumbered.
c. Deleaation of Use.
Any Residence Owner may delegate, in accordance with this Declaration, a Residence
Owner's right of enjoyment to the Common Property and facilities thereon to a Residence Owner's family
members, tenants, invitees and guests who reside in such Owner's Residence; provided, however, that the
Community Facility Owner and Community Facility Occupants, as defined herein, shall only have a right and
easement for ingress and egress over Common Property.
d. Guest and Handicap Parkina.
Any and all guest and handicap parking spaces may be used by a Residence Owner's guests,
servants, and invitees on a non-exclusive and non-assigned basis, Until such time as the Community Facilitv
is converted to solelv residential use. +: the Community Facility Owner and Community Facility Occupants are
not permitted to use any parking spaces on the Property, If the aaraae is built with the Community Facilitv Unit.
or if the aaraoe is later added to the Community Facilitv unit. staff. occupants or licensees of the Community
Facilitv may utilize the aaraqe for parkinq, No quest parkina for the Community Facilitv shall be allowed in
the qaraae,
e. Mailboxes.
A mailbox will be provided for each Residence, and shall be located on the Common Property
or on certain Lots according to U,S, Post Office Rules arid Regulations,
3. Developer's Reserved Riahts. Notwithstanding any provisions in this Declaration to the
contrary, and in recognition of the fact that Developer will have a continuing and substantial interest in the
development and administration of the Property, Developer hereby reserves for itself and its successors and
assigns the following rights and privileges, and the Association recognizes, agrees to, and acknowledges that
Developer and its successors and assigns shall have the following rights and privileges without any cost to
Developer and its successors and assigns for such rights and privileges, and that the property rights granted
to Owners pursuant to this Declaration shall be subject to:
(I) The right of Developer to execute all documents and take such actions and do such
acts affecting the Property which, in Developer's sole discretion, are desirable or necessary to facilitate
Developer's development of the Property;
(ii) Easements of record as of the date hereof and easements which may hereafter be
Qranted by Developer to any public or private Utilities or governmental authorities for the installation,
maintenance and repair of Utilities serving the Property or any portion thereof, and any easements hereafter
granted by Developer for ingress and egress to and over the Property, whether or not such easements benefit
property or persons subject to this Declaration; and
(Hi) Developer's rights of access, ingress and egress to and through, over and about the
Lots and the Common Property during such period of time that Developer is engaged in any construction or
improvement work on or within the Property, Developer shall have an easement thereon for the purpose of
storage of materials, vehicles, tools, equipment, etc., which are being utilized in connection with such
development, improvement or construction, Additionally, Developer's rights hereunder shall include, without
limitation, full rights of access, ingress and egress to, over and about the Lots and the Common Property for
sales activities in connection with the sale and promotion of the Lots and Residences. Developer is
specifically granted the right to maintain a sales office in any Residence owned by Developer. No Owner, or
Owner's guests, employees, invitees, or tenants shall in any way interfere or hamper Developer, its agents,
employees, contractors, successors or assigns in connection with such development, construction or sales
activities.
fu1 In the event the City determines that aCQuisition or ownership of the Community
Facility is not in the City's best interest. Developer reserves the riqht to convert the Community Facility into an
additional Residence or other improvement. which may include a commercial use. such as office or retail
uses. either in combination with or without a residential component. Provided. however. nothinQ contained
herein shall constitute a covenant by the City to approve any such use,
For purposes of this Article III, Section 2, the term "Developer" shall include any Lender which
has loaned money to Developer to acquire or construct improvements upon the Property or its successors and
assigns if such Lender or its successors or assigns acquires title to any portion of the Property as the result of
the foreclosure of any mortgage encumbering the Property and securing any such loan to Developer, or
acquires title thereto by deed in lieu of foreclosure. The rights and privileges of Developer as set forth in
Section 2 are in addition to and in no way limit any other rights or privileges of Developer under any other of
the Cannery Row Documents, and shall terminate on the Turnover Date or upon such earlier date as
Developer shall notify the Association in writing of Developer's voluntary written election to relinquish the
aforesaid rights and privileges of use.
4. Rules and Reaulations.
The administration, management, operation, maintenance and repair of the Common
Property and all improvements thereon shall be the responsibility of the Association. The Association, through
its Board, shall have the right to promulgate and impose rules and regulations and thereafter to modify, alter,
amend, rescind and augment any of the same with respect to the use, operation and enjoyment of the
Common Property and any improvements located thereon, including, without limitation, establishing hours and
manner of operation and establishing requirements as to dress and decorum.
5. No Dedication to Public Use.
Nothing contained in this Declaration shall be deemed to constitute a dedication, express or
implied, of any part of the Common Property to or for any public use or purpose whatsoever,
6. Easements.
a. Reservation of Easements. Easements for the installation, maintenance, and
repair of Utilities are set forth and contained in the recorded Plat, and all such easements shall allow
appropriate representatives of all Utility providers access through such easement areas for monitoring and
billing purposes, and, in this regard, no Owner shall block the access to the front and rear of any Residence
through such easement areas, In addition to the easements set forth in the Plat, Developer expressly
reserves easements to Developer and the Association, their successors and assigns, for the installation,
maintenance and repair of Utilities and for ingress and egress over the Common Property, and Developer and
the Association shall have the right to set forth with more specificity the exact location and placement of any
such easements. Easements will be located within the Common Property except that an easement is
reserved to Developer and the Association, their successors and assigns, on each Lot for the installation,
maintenance and repair of the service connections associated with the Utilities to any Lot or Residence, and
except that an easement is reserved within each Lot to Developer, the Association, and Owners of other Lots
in the same building, their successors and assigns, for the maintenance, repair and replacement of such
Utilities as built by Developer on such Lot and which Utilities serve other Lots in the same building, Any
damage to a Residence caused by anyone utilizing any such easement within the Lot, shall be immediately
repaired by the person causing the damage,
b. Easements are expressly provided for and reserved in favor of Owners, and their
guests, invitees and tenants, for ingress and egress over and about the Common Property, and for vehicular
and pedestrian traffic over and across such portions of the Common Property as are used for roads within the
Property. The rights provided under such easements shall be exercised by the foregoing parties in a manner
so as not to interfere with the use and enjoyment of the Common Property by other Owners and Owner's
family, guests, invitees, and tenants. Developer and the Association shall have the right to grant similar
easements to persons and property not subject to this Declaration, Easements are also reserved in favor of
Owners and Owner's guests, invitees and tenants over sidewalks and other areas of the Common Property for
ingress and egress to their Lots and Residences. Access easements are also reserved in favor of the
Association over the Lots and Common Property for emergency purposes, and for purposes of maintaining
and repairing property and improvements that are the Association's obligation to maintain and repair.
c. Encroachment Easements. Notwithstanding any provision to the contrary herein, in
the event that any Residence, as constructed by the Developer, encroaches upon any portion of the Common
Property or adjoining Lots, a perpetual easement appurtenant to such Lot shall exist for the continuance of any
such encroachment on the Common Property or adjoining Lots, In the event any fence, roof, overhanging
roof, or portion of the Residence, as constructed upon any Lot by Developer, encroaches or overlaps upon any
other Lot or the Common Property, a perpetual easement appurtenant to the Lot upon which the fence, roof,
overhanging roof, or Residence is constructed shall exist for the continuation of any such encroachment or
overlapping upon the adjoining Common Property or Lots.
7. Community Facility. The Community Facility shall be operated pursuant to rules
promulgated by the City and pursuant to rules promulgated by the Association, In that regard, the City and
Developer recognize that the Community Facility is part of a residential community, and shall be sensitive the
needs and desires of the Owners without underminino the intended purposes of the Community Facilitv. As of
the effective date of this Declaration, the City and Developer do not know how the Community Facility will be
used other than it mav wm be a public facility" used in connection with tho art community within the City,
Accordingly, it is contemplated that the Community Facility mav wm be used for a combination of uses" T
inslblding, without limitation, rctailand display art galleries, 3rt studios, art production, and educational forums,
otc. l\s tho City and tho Do'.'eloper do not know at this time how the Community Facility will be utilized. the
followino rules arc oonoral in nature. The parties understand and aoree that as the City moves forward in
developina a plan for the utilization of the Community Facilitv and becomes aware of the nature of the
intended use and the partv(ies) who may be utilizino the Community Facility. the followino rules may need to
be amended. The Developer aorees to cooperate in aood faith with the City in amendino the rules to allow for
the City's intended use of the Community Facility while remainina sensitive to the surroundina residential use,
While the architecture of the Community Facility will be similar to the Residences, there will be differences due
to the public nature of the facility. In the event the City determines that ownership of the Community Facility is
not in the City's best interest. the City reserves the rioht to convert the Community Facility into an additional
Residence or other improvement as allowed by applicable zonina reoulations.
a. Rules for the Community Facilitv. Except for the front entry door(s) fronting
Pineapple Grove Way, and any emergency exists, no occupant, patron, employee, tenant, licensee, guest of
the Community Facility (collectively referred to herein as "Community Facility Occupants") shall have access to
or through the rear or side of the Community Facility, except for refuse collection at the rear of the Community
Facility, which shall be stowed in similar containers as the Residences within the Community Facility until
normal refuse collection days, at which time all refuse and recycling containers shall be promptly stowed inside
the Community Facility, and except for periodic deliveries that cannot be otherwise accommodated through
the front entrance, whereby such deliveries shall only be permitted between the hours of 9:00 and 5:00,
Monday through Friday. Further. future access throuah the rear may be applicable pursuant to Article III.
Section 2,d, There shall be no exterior dumpster of any kind. There shall be no permanent food or beverage
services offered. All parking for the Community Facility shall be off the Project property, such that there shall
be no parking by any Community Facility Occupants on or within the Property. subiect to the terms of Article
III. Section 2,d. Community Facility Occupants shall have no access to any recreational amenities located on
or within the Property: provided. however. that should the Community Facility be converted to solely residential
use. upon adiustment of the Community Facility's share of common expenses to include costs for the
recreational amenities located on or within the Property. Community Facility Occupants shall have access to
any recreational amenities located on or within the Property, Hours of operation shall be similar to normal
business hours such that operations shall not start prior to 8:00 am and shall cease entirely by 10:003;00 pm
(Monday through Thursday); 8:00 am - 12:00 am 10:00 pm (Friday and Saturday); 10:00 am 10:00 pm
(Saturday); and 12:00 pm -6:00 4;00 pm (Sunday)", no more than one timo per month for special events,
and shall remain closed on all national holidays, The hours of operation set forth herein shall apply to any use
of the Community Facility or the unit on Lot 12 unless solely residential. The Community Facility Occupants
shall abide by all rules and regulations stated in Article IV of this Declaration to the extent same relates to such
a community facility, including, without limitation prohibitions against anything that would be a nuisance to
Owners. The City shall provide the Association with proof of general liability insurance in an amount
reasonably acceptable to the Association and/or its insurer, The Association shall not promulgate rules that
restrict the use and occupancy of the Community Facility such that it cannot operate under the spirit of why the
facility is there - to serve the art community with a public facility that can be used and enjoyed by many, but
that will not otherwise undermine the quiet enjoyment of private property by all Owners,
ARTICLE IV
RULES AND REGULATIONS GOVERNING THE USE OF THE PROPERTY
In order to preserve the values of, and the amenities and improvements on, the Lots, Residences,
Common Property, and the Property comprising Cannery Row, the following rules and regulations hereinafter
enumerated, and as amended from time to time, (collectively referred to herein as "Rules and Regulations")
shall govern the use of the Property and shall be deemed in effect until amended as provided in Cannery Row
Documents, The Rules and Regulations shall apply to, be binding upon, and shall, at all times, be obeyed by
all Owners, Further, all Owners shall cause their families, guests, invitees, servants, lessees, and persons for
whom Owners are responsible and persons over whom Owners exercises control and supervision to obey the
Rules and Regulations. Violation of the Rules and Regulations may subject the violator to any and all
remedies available to the Association and other Owners pursuant to Cannery Row Documents and Florida
law. Violations may be remedied by the Association by injunction and/or by pursuing any other rights or
remedies available to the Association to recover damages against any person violating the Rules and
Regulations or this Declaration, and the Association shall be entitled to recover all costs and expenses
incurred in undertaking such remedial action, including, without limitation, reasonable attorneys' fees and court
costs. The Board may, from time to time, adopt new Rules and Regulations or amend or repeal previously
adopted Rules and Regulations, Any waivers, consents or approvals given under the Rules and Regulations
by the Board shall be revocable at any time, and shall not be construed as or deemed a waiver, consent or
approval for any other purpose other than that which is identified at the time of the giving of such waiver,
consent or approval. The Rules and Regulations are as follows:
1. Alterations: Exterior Appearance; Structural Modifications. No alterations, changes,
modifications, additions or improvements of any kind shall be made to the exterior of any Residence,
Community Facility, or upon any Lot or Common Property without the express written consent of the Board
pursuant to Article V herein. Any consent ofthe Board to any improvement to be made in or on the exterior of
any Residence, or to anything to be placed thereon, may be withheld purely on aesthetic grounds, in the sole
discretion of the Board. No structural modifications, alterations, or additions of any kind shall be made to a
Residence without the prior written consent of the Board,
2. Air Conditionina. No air conditioning equipment, other than equipment similar to that
originally installed on the Lots and in the Residences by Developer is permitted, including, without limitation,
wall or window air conditioning units, without the prior written consent of the Board.
3. Antennae. Solar Panels. Satellite Dishes. No antennas, solar panels, or satellite dishes, or
the wiring for same may be placed or installed on the exterior of any Residence without the prior written
consent of the Board.
4. Business Activities. Except for the Community Facility, and except for home offices uses
permitted by the City, and uses within the Community facility, no industry, business, trade, occupation or
profession of any kind shall be conducted, maintained or permitted upon any Lot or in any Residence, except
for development and sales activities conducted by Developer,
5, Casualty Destruction to Improvements. In the event a Residence, Community Facility, or
other improvement upon a Lot is damaged or destroyed by casualty, hazard or other loss, and the repair,
replacement or reconstruction thereof is not the responsibility of the Association as provided herein, then,
within a reasonable period of time after such incident, the Owner thereof shall commence to rebuild or repair
the damaged Residence or improvements in compliance with applicable determinations of the Board, and
shall diligently continue such rebuilding or repairing activities to completion.
6. Children. Each Owner shall be solely responsible for the actions of, damage caused by, and
injuries sustained by, any Owner's children or the children of any of Owner's guests, invitees, tenants or
servants, while on the Property, including the recreational amenities within the Property. Children under twelve
(12) years of age shall not be allowed in the swimming pool area unless accompanied by an adult.
7. Cleanliness; No Unsiahtlv Uses. Owner's are responsible for maintaining their Lots and
Residences in a clean and orderly manner, and in a manner which would not be offensive to any other Owner.
No portion of any Lot or Residence shall be used as a drying or hanging area for laundry, garments, rugs, or
articles of any kind,
8. Complaints. All complaints by Owners shall be made in writing and delivered to the party
designated for such purpose by the Board or to a member of the Board.
9. Commercial Vehicles: Boats; Trailers. No commercial vehicle, recreation vehicle, van
(exceptforfamily mini-vans and sport utility vehicles constructed as private passenger vehicles), boat, trailer,
pick-up truck, vehicle with commercial equipment or lettering in or upon the vehicle, or unsightly vehicle of any
kind shall park or be parked on the Property at any time, except that service vehicles may be temporarily
parked on the Property only in connection with providing services to Developer, the Association or to Owners.
10. Conduct. No person shall engage in loud and boisterous or other disorderly, profane,
indecent or unlawful conduct on any portion of the Property, including, without limitation, inside the Residence
or on any Lot or Common Property,
11. Damaaed Property. The cost of repairing damage to any property which is the Association's
obligation to maintain, which is caused by an Owner or Owner's guests, tenants, invitees, or servants,
including, without limitation, the Common Property, Residence driveways, landscaping, sprinkler systems,
exterior walls and fences, and exterior lighting, shall be the sole responsibility of such Owner, and, in the event
such Owner does not repair such damaged property in a timely manner, the Association may undertake such
repairs, and, in such event, the Association may pursue all rights and remedies permitted under this
Declaration and Florida law to recover all expenses associated therewith, including, without limitation,
attorney's fees and costs and collection costs.
12. Deliveries. The Association shall not be responsible for the theft, conversion, disappearance,
loss or damage of any item received from or for an Owner, or Owner's family, guests or tenants, even though
such theft, conversion, disappearance, loss or damage may occur through the negligence or willful act of
employees of the Association or of Developer, and all parties delivering items to such employees. and all
parties intended to be the recipient of such items so delivered, hereby assume all risks of theft, conversion,
disappearance, loss or damage of and to such items.
13. Developer's and Manaaement Emplovees and Contractors. No Owner or Owner's family,
guests, tenants or servants shall give orders or instructions to employees, contractors or agents of Developer
or the Association, but rather such desires shall be expressed to the party designated for this purpose by the
Board.
14. Flammable Materials. No flammable, combustible or explosive fluid, chemical, substance or
material shall be kept on any portion of the Property, including, without limitation, in any Residence or upon
any Lot or Common Property. Provided. however. that materials commonly used in the creation of art (e.a.
paints. solvents. etc.) may be kept in the Community Facility so lono as the Community Facility is owned by
the City.of Delray Beach. an aoency of the City of Dekay Beach. the Dekay Beach Community Land Trust or a
not-for-profit oroanization.
15. Fences and Walls. No Owner shall relocate, heighten, lower or otherwise move or change
any fence or wall on the Property without the prior written consent of the Board,
16. Firearms. No guns shall be permitted to be discharged on any portion of the Property, except
as might be permitted in the event of an emergency pursuant to the applicable laws of the State of Florida,
17. Garaae Doors. Garage doors to all Residences shall be kept closed except when opened to
permit vehicles to enter and exit from a garage.
18. Hurricane Preparations. All Owners who plan to be absent from their Residence during the
hurricane season must, prior to departure, prepare their Residence by: (a) removing all furniture, potted and
hanging plants and other moveable objects from the Lot and exterior portion of the Residence; (b) designating
a responsible firm or individual to care for the Residence should the Residence suffer hurricane damage, and
furnish the Board, or the person designated by the Board for such purpose, with the name of said firm or
individual; and @) closing and locking into place any operational exterior shutters installed by Developer, and
any other operational shutters installed by Owners with consent of the Board, as provided herein, Any Owner
who fails to undertake the required hurricane preparations shall be held responsible for any damage done to
the Property resulting from such omission.
19. Insurance. In the event the Association does not provide property insurance for the
Residences or the Community Facility (including, without limitation, insurance for fire, hazard, casualty,
windstorm, etc,), and flood insurance, it shall be the obligation of every Owner to purchase and maintain,
appropriate insurance, as set forth below, with respect to all improvements located on such Owner's Lot. In
such event, Owner's are required to purchase and maintain all aforesaid insurance coverage up to the
maximum insurable value of all insurable improvements, with the minimum required amount of insurance to
be established by the Board on an annual basis, which amount shall at least be 110% of the estimated cost of
replacement of the Residence and the Community Facility, Insurance proceeds for damage to any Residence
or Community Facility or insurable improvement located on the Lots shall be used solely for the immediate
repair, replacement or reconstruction of the applicable Residence or Community facility or improvements. In
such event, and no later than ten (10) days after obtaining the insurance coverage required herein, each
Owner shall file with the Association insurance certificates showing the required insurance coverage, and each
Owner shall file such certificates with the Association on an annual basis or, at the discretion of the Board, on
a more frequent basis, upon not less than fifteen (15) days prior written request by the Board, and the
Association is to be named as an additional insured party on each insurance policy. No Owner shall permit or
suffer anything to be done or kept in a Residence or the Community Facility or upon a Lot that will increase the
rate of insurance on the Property.
The City shall make every effort to insure the Community Facility in such a way that its existence and
operation on the Property does not increase the insurance costs to the Association over and above what those
costs would be if the Community Facility was insured at the same rate as that of any Residence.
20. Leasino and Guest Occupancy. Except for the Community Facility, Owners may lease their
Residence pursuant to the Rules and Regulations, as amended from time-to-time. No Residence may be
leased for a period of less than three (3) months nor may a Residence be leased more than twice during any
calendar year. The Board may require the payment of a security deposit to the Association as a condition to
any lease. Any person, other than Owner's immediate family, companion or mate, who temporarily resides in
the Residence while the Owner or the Owner's lessee is present and with the permission of the Owner or the
Owner's lessee, and without monetary consideration, shall be deemed a guest. Guests shall be registered
with the Association if residing in the Residence for more than thirty (30) consecutive days, Guests are limited
to sixty (60) days per any calendar year, cumulatively, Any person who resides in the Residence for more than
sixty (60) days shall be deemed a tenant. All tenants and guests are required to comply with the Rules and
Regulations and other obligations created by this Declaration, The Board reserves the right to limit the
number of tenants or guests which may reside in a Residence, and the duration of tenant leases or guest
stays, as the case may be, The Board reserves the right to expel any tenant or guest who violates the Rules
and Regulations. These restrictions shall not apply to the Community Facility unless the Community Facility is
converted to solely residential use.
21. Lot Use Restrictions. Except for Lot 12, all Lots shall only be used as Residential Property.
No building structure shall be erected, placed or permitted to remain on any Lot other than a residential single-
family dwelling unit; provided, however, Developer shall be permitted to place or erect temporary structures
upon Lots owned by Developer and Common property to be used in connection with its development and
sales activities,
22. Minino or Drillino. There shall be no mining or drilling for water, minerals, oil, gas or
otherwise undertaken within any portion of the Property ("Mining Activity"), Activities of Developer or other
parties in creating, or maintaining Utilities or other facilities serving the Property shall not be deemed a Mining
Activity.
23. Motorcycles; Watercrafts. Owners may keep a total of one (1) motorcycle, moped or "jet-
ski" upon their Lot provided same are kept in Owner's garage at all times when not in use. No motorcycle,
moped or "jet-ski" shall be parked in areas other than in the Residence garage, All motorcycles shall be
equipped with appropriate noise muffling equipment such that they do not abuse normal noise levels, and "jet-
skis" shall not be started on the Property at any time.
24. Motor Vehicles Maintenance. Only well-maintained passenger vehicles bearing current
license and registration tags and inspection stickers as required by state law shall be permitted on the
Property. No maintenance, repair or storage of any motor vehicle shall be permitted upon any Lot or Common
Property, except that motor vehicle washing shall be permitted within the driveway of an Owner's Lot during
reasonable hours. In connection therewith, no motor vehicle shall be placed upon blocks, jacks, or similar
device upon any Lot or Common Property. No vehicle that cannot operate under its own power shall remain on
any Lot for more than twenty-four (24) hours,
25. No Implied Waiver. The failure of the Board to object to an Owner's or other party's failure to
comply with the covenants or restrictions contained in Cannery Row Documents now or hereafter promulgated
shall in no event be deemed a waiver by the Board or of any other party having an interest therein of its right to
object to same and to seek compliance therewith in accordance with the provisions of this Declaration or
Cannery Row Documents.
26. Nuisances. Neither Owner nor Owner's family, guests, invitees, tenants servants, licensees,
agents or employees, shall make, produce, generate or permit any disturbing noises, odors or lights in any
Residence or upon any Lot or Common Property, or permit anything by such persons that will interfere with the
quiet enjoyment, rights, comforts, privacy, convenience of other Owners, including, without limitation, no
stereo, television, radio, sound amplifier or other sound equipment or musical instrument may be played or
operated in such a manner that same disturbs or annoys occupants of any Residence, no offensive, immoral
or illegal activity shall be carried on, permitted on, or maintained on any part of the Property, and persons shall
conduct themselves such that noise generated in and around the rear yards and swimming pools in the
evening or early morning shall not disturb or annoy any Residence occupant. Notwithstandino the foreooino
lanauaae. it is acknowledoed that the Community Facilitv mav be operated and function similar to retail and
commercial businesses and there will be attendant noise involved in such operation. It is further acknowledoed
that special events may be held at the Community Facilitvwhich will result in heavier-than-normal pedestrian
traffic in and out of the Community Facilitv,
27. Obstructions in Common Property: Personal Property. There shall be no obstructions of
the Common Property, except as specifically provided herein, No carriages, bicycles, wagons, shopping carts,
chairs, benches, tables or other objects shall be stored or kept in or upon the Common Property, without the
prior consent of the Board; provided, however, Developer may store materials upon the Common Property in
connection with its development and sales activities. With the exception of patio furniture which may be kept
on the rear patio of a Residence, all personal property shall be stored within the Residence, and in no event
shall personal property be stored or left in the front or rear of a Residence or upon another Owner's Lots,
28. Outdoor Cookina, No outdoor cooking or barbecuing shall be permitted on any balcony, in
front of any Residence, or on the Common Property, except as provided herein. Outdoor cooking or
barbecuing may be done within the swimming pool area or as otherwise designated by the Association;
provided, however, that while in use, no cooking equipment shall be left unattended, or shall be used by
children, and no outdoor cooking or barbecuing shall be a nuisance to any other Owner,
29. Parkina. Except for Lot 12, which has no designated parking spaces, all other Lots have two
(2) designated parking spaces situated thereon within the Residence garage spaces. Should a oaraoe be built
with the Community Facilitv or added at a later date. or if the Community Facilitv is converted to solely
residential use, then the Community Facilitv shall have two (2) desionated parkino spaces situated thereon
within the Residence aaraQe spaces, Provided. however. that for the Community Facilitv unit. onlv staff.
occupants or licensees of the Community Facilitv may utilize the Qaraae for parkina, No Quest parkina for the
Community Facilitv shall be allowed in the Qaraae unless it is converted to solelv residential use,
Owners, and Owner's family, guests, invitees, servants, lessees, and persons for whom Owners are
responsible and persons over whom Owners exercise control, may park a total of two (2) vehicles in the
above-referenced parking spaces situated upon the Lot where such persons reside, lease, visit, or service.
Residence Owner's guests, invitees, servants, and other persons visiting or servicing a Residence, may also
utilize, on a non-exclusive basis, the designated guest and handicap parking spaces located on the Common
Property, if any; provided, however, any such guest parking spaces may not be occupied by the same vehicle
for a continuous period of more than twenty-four (24) hours. The Community Facility Owner and Community
Facility Occupants shall not be permitted to use guest parking or handicap parking located on Common
Property. unless the Community Facilitv is converted to solelv residential use, No motor vehicle shall be
parked other than in areas designated for parking, as aforesaid, and no motor vehicle of any kind shall be
parked on the interior roadways or on the Common Property, except in any guest or handicap parking spaces
as aforesaid, Motor vehicles improperly parked may be towed away at the expense of the Owner or resident
doing or permitted such act, and/or the owner of the vehicle.
30. Personal Contents Insurance Coveraae. Although insurance coverage obtained by the
Association may provide some form of hazard and casualty insurance for certain aspects of the Lots or
Residences, such insurance will not include coverage for Owner's personal property and certain building
contents, including, without limitation, cabinets, drywall, floor and wall coverings, fixtures, appliances,
mechanical installations, and other interior finishes, as these improvements are defined by insurers and
insurance policies. Therefore, to make certain of adequate insurance coverage, it is incumbent upon all
Owners to review their insurance coverage with an their insurance agent on an annual basis.
31. Pest Control. The Board may require any or all Owner(s) to permit employees of pest control
companies employed by the Association, to enter their Residence and/or upon their Lot at regularly scheduled
times to perform pest control services, the expense for which shall be deemed either an a Association
Operating Expense or an Assessment, as the case may be, in the sole discretion of the Board,
32. Pets. Except as provided under the rules and regulations promulgated by the Board from
time to time, no Owner shall keep, raise or breed any pet or other animal of any kind on the Property, except
that a total of two (2) household pets may be kept within an Owners Residence, provided they are not kept,
bred or maintained for any commercial purpose and that they do not cause an unreasonable nuisance or
annoyance to other Owners, However, under no circumstances may any animal larger than ninety (90)
pounds be kept on the Property, or any breed of dog commonly known as Pit Bull, German Shepard,
Rottweiler, or Doberman be permitted on the Property. The Board shall have the right to require any pet to be
removed from the Property which causes an unreasonable source of annoyance to any Owner, or if the Rules
and Regulations are violated with respect to the pet. In this regard, if a dog or any other animal becomes a
nuisance or annoyance to any other Owner by barking, odors, waste deposits, or otherwise, the Owner thereof
must cause the problem to be immediately corrected; and if it is not so immediately corrected, in the sole
discretion of the Board, the Owner, upon written notice by the Board, will be required to permanently remove
the animal from the Property, Any pet must be carried or kept on a leash when outside the Residence, No pet
shall be kept outside a Residence. No pets are allowed within the recreational areas such as the swimming
pool area or the playground area, Owners shall immediately pick-up and remove any solid waste deposited by
hislher pet.
33. Plumbina and Electrical. Water closets and other plumbing shall not be used for any
purpose other than those for which they were constructed, and no sweepings, rubbish, rags, sanitary napkins
or other foreign substances shall be placed therein, Grease and other foreign substances shall not be poured
down drains. Electrical outlets and electrical wiring shall not be over burdened. Any water purification and
water softening devices installed in a Residence must be installed by a licensed plumber,
34. Radio EQuipment. No ham radios or radio or transmission equipment shall be operated or
permitted to be operated on the Property without the prior written consent of the Board,
35. Removal of Landscapina: Alteration of Drainaae. Except for Developer's acts in
connection with the development of the Property, and Owner plantings that are, in the sole opinion of the
Board, consistent with the overall landscape plan of the Property, no other plantings shall be made upon the
Property, and no sod, topsoil, mulch, plants, trees or shrubbery shall be removed from the Property, and no
change in the condition of the soil or the grade level of the Property shall be made which results in any
permanent change in the flow or drainage of surface water within the Property without the prior written consent
of the Board.
36. Roof. No person shall be permitted upon the roof of any structure situated on the Property.
37. Rubbish. No garbage, trash, waste, refuse or rubbish of any kind shall be deposited, dumped
or kept upon any part of the Property except in closed containers and recycling containers designated for such
purpose which shall be set out for curbside pickup in front of each Residence, or as required by the
Association. When not set out for pickup, all such containers shall be kept in the garage area of the
Residence, and shall be kept in a clean and sanitary condition with no noxious or offensive odors emanating
therefrom.
38. Rules and Reaulations. The Board shall adopt such other Rules and Regulations from time
to time governing the use and enjoyment of the Common Property, Lots, and Residences as the Board, in its
sole discretion, deems appropriate or necessary, provided such additional Rules and Regulations shall be
consistent with the provisions contained in this Declaration. Provided. however. that the Board may not modify
or adopt new Rules and ReQulations that would affect the use and/or operations of the Community Facility
without the prior written consent of the City, This restriction of consent of the City shall terminate if the
Community Facility is sold to a private party: however. the private owner shall be required to qive written
consent. which consent shall not be unreasonably withheld. unless it is solely a residential unit.
39. Sians. Except for certain approved signs for the Community Facility, and except for the
permitted signs/advertising stated below, no signs, advertising, notice or lettering of any kind shall be
exhibited, displayed, inscribed, painted, or affixed on any part of the exterior or interior of any Residence, the
Community Facility, or upon any Lot or Common Property so as to be visible from the outside of any
Residence, including, without limitation, signs indicating that a Residence is for sale, open for viewing as an
"open house" or for rent (Le., "For Sale", "For Rent", "Open House" or "No Trespassing") or any window
display advertising, The only permitted signs or advertising shall be: (a) directional or traffic signs installed by
Developer or appropriate governmental authority; (b) Owner's address plate in size and design which is
consistent with all other Residence address plates, and standard issue security monitoring signs, which are
approved by Developer or the Board; and @) promotional display signs or banners used by Developer in
connection with its development and sales activities,
40. Service Persons, Except for the Developer, no Owner shall permit any service people,
whether for purposes of maintenance, repair, replacement or improvement, to work upon a Lot or in a
Residence before 8:00am or after 6:00pm, except in the case of emergencies,
41. Solicitations. There shall be no solicitation permitted by any persons upon any Common
Property or Lot for any cause, charity or for any purpose whatsoever, unless specifically authorized in advance
by the Board.
42. Subdivision and Partition. The Lots shall not be subdivided further than as provided in the
Plat. The area and width of each Lot on the Property upon which a Residence may be constructed shall be as
shown on the Plat.
43. Swimmina Pool and Plavaround Area: Children under twelve (12) years of age are not
permitted in or around the swimming pool unless accompanied by an adult. As there are no lifeguard or
others supervising pool activities in any swimming pool or playground area, and as Residence doors, and pool
fence gates may be inadvertently left open or unlocked, Owners and Owner's guests, lessees, servants, etc.
are all responsible for their own safety and the safety of their children, and are solely responsible for any and
all injuries, liabilities, damages and death sustained to themselves and/or their children within the Property.
Regulations regarding the swimming pool area shall be posted in a conspicuous place in the swimming. All
persons using the swimming pool must shower prior to entering the swimming pool, all rubbish must be
properly disposed of, any personal property brought to the pool area must be removed, and no radios or other
sound systems may be used without privacy headphones. No rafts or flotation devices are permitted when
others are using the swimming pool. No food or beverage is permitted in the swimming pool, and no
breakable containers are allowed anywhere in the swimming pool area. No diving is permitted in the
swimming pool. Any person using suntan lotion or oil must cover any lounge chair they are using with a towel.
All infants and toddlers must wear a rubberized form-fitted or waterproof garment over a diaper while in the
swimming pool. There shall be no use of the swimming pool prior to 7:00 am and after sundown, Additional
regulations shall include those that are necessary to comply with the laws of the City or State of Florida
regarding swimming pools and other public facilities, and those that are deemed necessary and reasonable by
the Board from time to time to insure the proper use of the swimming pool, and related facilities on the
Common Property. It shall be the responsibility of all Owners to apprise themselves of any amended and/or
additional Rules and Regulations regarding the swimming pool area. Community Facility Occupants are not
permitted to use the swimming pool, pool area, pool cabanas, or playground area unless the Community
Facility is converted to solelv residential use..
44. TemDOrary Structures. No structure of a temporary character, whether a trailer, tent, shack,
garage, shed, barn or any other such structure, shall be placed on any Lot, except that Developer shall be
permitted to erect temporary structures on the Lots and Common Property to be used in connection with and
during its construction, maintenance, repair and sales activities,
45. Use DisDutes. In the event of a dispute as to whether the use of the Property or any portion
thereof complies with the covenants and restrictions contained in this Declaration, such dispute shall be
referred to the Board, and a determination rendered by the Board with respect to such dispute shall be final
and binding on all parties concerned therewith; provided, however, that any use by Developer of the Property
or any portion thereof in accordance with Article III, Section 2f shall be deemed a use which complies with this
Declaration and shall not be subject to a determination to the contrary by the Board, Provided. however that
so 10nQ as the Community Facility is owned by the City.of Delray Beach. an aQency of the City of Delray
Beach. the Delray Beach Community Land Trust or a not-for-profit orQanization.-if the dispute involves the
Community Facility. the Association must seek recourse with the City Commission of Delray Beach or other
QoverninQ entity controllinQ the use of the Community Facility and work in Qood faith to resolve the dispute. If
the Association is unable to resolve the dispute to its satisfaction with the City Commission or other QoverninQ
entity. then the Association may pursue mandatory mediation and arbitration as set forth in F,S, 720.311,
46. Utility Easements. Easements for the installation, maintenance and billing of Utilities are
reserved as shown on the Plat and by easement, and as provided herein,
47. Vehicular and Pedestrian Traffic: Privacy Gates. All vehicular traffic operating upon the
Property shall at all times comply with controlling governmental law, and shall at all times obey any traffic signs
placed on the Property. Unless otherwise posted vehicular traffic shall adhere to a maximum speed limit of 15
mph. No vehicles, including, without limitation, bicycles, mopeds, skateboards, carriages shall be used in a
manner which would interfere with vehicular or pedestrian traffic upon the Property. There shall be no
perimeter fencing, walls or gates to create the appearance of a "gated community",
48. Waterbeds and Flotation Mattresses. No waterbed, flotation mattress, or water/fluid-filled
sleeping apparatus, equipment or devise of any size or type shall be permitted in any Residence,
49. Water Supply: Sewane Disposal. No individual water supply system or septic tank will be
permitted upon any Lot or Common Property.
50. Window. Door and Balcony Treatments. No awning, canopy, shutter or other projection
shall be attached to or placed upon the outside walls or doors or roof of any Residence without the prior
written consent of the Board. Balconies, courtyards, and patios may not be enclosed, which includes
screening of same, nor may anything be affixed to the walls within such balconies, courtyards or patios except
with the prior written consent of the Board, No blinds, shades, screens, decorative panels, window or door
coverings shall be attached to or hung or used in connection with any window or door in a Residence, if affixed
to the exterior of a Residence, without the prior written consent of the Board. Interior window treatments shall
consist of drapery, blinds, decorative panels, or other tasteful materials, and no foil or sheets or other
temporary window treatments are permitted, No windows shall be tinted and no tinted glass shall be installed,
and no window/sliding door screening shall be replaced other than with screening of the same material and
color as originally exists, without the prior written consent of the Board, No towels or articles of clothing shall
be hung from any balconies.
ARTICLE V
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION:
BOARD OF DIRECTORS OF THE ASSOCIATION
1. Association Membership. Every person or entity who is a record fee simple Owner of any
Lot which is subject to this Declaration shall be a Member of the Association ("Member"), and all Members,
collectively, shall comprise the membership ("Membership") of the Association, it being understood that for all
voting purposes, there shall only be one vote for each Lot. In this regard, if there is more than one (1) record
fee simple title holder for a Lot (Le, husband and wife, etc,), the combination of record fee simple title holders
of a Lot shall be considered as one (1) Member, and, therefore, entitled to one (1) vote. The forgoing is not
intended to include persons or entities who hold an interest merely as security for the performance of an
obligation. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is
subject to this Declaration. Ownership of a Lot shall be the sole requirement for Membership, Members shall
be entitled to the benefit of, and shall be subject to, the provisions of Cannery Row Documents, as may be
amended from time to time. The voting rights of the Members are set forth in the Articles,
2. Board of Directors. The Association shall be governed by the Board which shall be
appointed, designated or elected, as the case may be, as set forth in the Articles.
ARTICLE VI
ARCHITECTURAL CONTROL
In order to preserve the values and appearance of the Property, the Board shall be empowered to
render decisions regarding any proposed alterations, modifications, changes, or additions to the Property, as
follows:
1. Reauirement of Board Approval. Except for: (I) structures and improvements constructed,
installed or placed by or with the approval of Developer, (ii) landscaping and plantings by or with the approval
of Developer, (Hi) additions, alterations, modifications and changes to any of the foregoing by or with the
approval of Developer (collectively referred to herein as "Developer Improvements"), which Developer
Improvements are not subject to the approval of the Board, and (iv) subject to Article IV herein, non-structural
decorative improvements to the interior of a Residence, no alterations, additions, modifications, changes,
replacements, or improvements of any kind (collectively referred to herein as "Alterations") shall be made to
any Lot, Residence or Common Property, including, without limitation, alteration of drainage areas,
underground utilities, installation of screen enclosures, storm shutters, exterior window treatments, awnings,
patio canopies, solar panels, entry gates, satellite dishes, or any other equipment on the exterior of a
Residence, or changes to exterior painting, exterior lighting, courtyard fences, perimeter walls, exterior walls,
windows, doors, garage doors, entry gates, driveways, roadway and parking areas, or landscaping, without the
prior written approval of the Board,
2. Method of Obtainina Board Approval. In order to obtain the approval of the Board, two (2)
complete sets of plans and specifications for such proposed Alterations shall be submitted to the Board for its
review. Such plans and specifications shall include, as appropriate, the proposed location, grade, elevations,
shape, dimension,
and approximate costs of the Alterations, and the nature, type and color of materials to be used for same, The
Board may also require the submission of additional information and materials as may be reasonably
necessary for the Board to evaluate the proposed Alterations. The Board shall evaluate all plans and
specifications utilizing standards of the highest level as to the aesthetics, materials and workmanship and as
to suitability and harmony of location, structures and external design in relation to surrounding topography,
structures and landscaping, The Board shall have the right to require that Owner's plans and specifications be
prepared by a licensed architect and/or engineer, as the case may be, and be approved by the City, County or
other appropriate governmental authority.
3. ApDroval or Disapproval bv the Board. The Board shall have the right to disapprove any
proposed Alterations which, in its sole discretion, are not suitable or desirable for the Property, Any and all
approvals or disapprovals of the Board shall be in writing and shall be sent to the applicant/Owner, and shall
be binding, In the event the Board fails to approve or to disapprove in writing any proposed Alterations within
thirty (30) days after submission to the Board of complete plans and specifications for the proposed
Alterations, and any and all other reasonably requested information and materials related thereto, then said
proposed Alterations, as set forth in the plans and specifications submitted to the Board, shall be deemed to
have been approved by the Board and the appropriate written approval delivered forthwith.
4. Board to Adopt Rules and Reaulations. The Board shall promulgate such further rules and
regulations as it deems necessary, and shall adopt a schedule of reasonable fees for the processing of
applications to the Board which rules, regulations and fees shall be subject to the approval of the Board.
ARTICLE VII
MAINTENANCE OBLIGATIONS OF THE ASSOCIATION.
The Association shall maintain, repair and replace at the Association's expense:
1, Lots. Residences. and Community Facilitv.
a. All portions of a Residence and the Community Facility contributing to the structural
support of the building, which portions shall include, without limitation, outside walls of the Residence and all
fixtures secured to its exterior, party walls (subject to the terms and provisions of Section 8 of this Article),
foundations, floor joists and ledgers, load-bearing walls, columns and tie-beams, roof trusses, and roof;
b. Except as provided in Article VIII, Section 1 herein, all conduits, plumbing, wiring and
other facilities used to furnish Utilities to a Residence and the Community Facility, which are contained within
portions of a Residence or the Community Facility maintained by the Association pursuant to Section 1a
above, and all such facilities contained within a Residence or the Community Facility that service part or parts
of the Property other than the Residence or the Community Facility within which contained;
c. All exterior walls, railing, and gates;
d. All exterior finishes, including, exterior painting, stucco, siding, awnings, soffits,
fascia, gutters, and shutters installed by Developer; and
e. All storm water drainage grades and improvements, and all underground drainage,
sewer and water installations and utilities, to the extent same are not the maintenance and repair obligation of
the City, County or private utility companies; and
f. All incidental damage caused to a Residence by such above-described work, shall be
repaired promptly at the expense of the Association.
2. Common Property, The Association shall be responsible for the maintenance, repair and
replacement of all Common Property and any improvements thereon and thereto, and any personal property
owned by the Association, in a manner consistent with the Cannery Row Property.
3. Utilities. The ASsociation shall maintain all potable water supply lines, sanitary sewer lines,
fire sprinkler water supply lines, including meters and control devices for same, within the Property that are not
maintained by the City, County or other governmental authority,
4. Landscapina, Irriaation and Water Manaaement Systems. The Association shall operate
and maintain all landscaping, irrigation systems and water management systems on the Property, including,
without limitation, all grass, plants, trees, sprinklers, sprinkler systems and timer devices, and storm water
management and drainage systems situated on the Property, whether same may be situated upon the Lots or
Common Property. Pursuant to requirements of the South Florida Water Management District ("SWM"), the
Association has accepted responsibility for the operation and maintenance of the SWM system located within
the Common Property ("SWM System"), Any proposed amendment to the Cannery Row Documents which
would affect the SWM System will be submitted to the SWM for a determination of whether the proposed
amendment necessitates a modification to the SWM permit issued for the Property. Copies of the SWM
Permit and any future permit modifications shall be maintained by the Association's Registered Agent for the
Association's benefit.
5. Walls. Fences. and Mailboxes. The Association shall maintain, repair and replace all site
walls, fences, gates, and mailboxes installed or placed on the Property by Developer or by the Association,
6. Exterior Liahts and Electrical Installations. The Association shall maintain, repair and
replace all exterior lighting fixtures affixed to the exterior of the Residences and the Community Facility
(except for wall placard or monument sign lighting) (except for light bulbs), and upon the Lots and or Common
Property (to the extent the controls for such lighting fixtures are not located within a Residence), and all
electrical installations and devices situated on Common Property, including wiring and components, photocell
and timer devices, and light bulbs.
7. Private Roads. Driveways and Sidewalks. The Association shall maintain, repair and
replace all interior roadways, curbing, sidewalks and driveways on the Property (collectively referred to herein
as "Paved Areas"); provided, however, any damage to the Paved Areas, including, without limitation, oil and
other stains from motor vehicles, and motorcycle kickstands and the like, shall be the sole responsibility of the
Owner of the motor vehicle or motorcycle causing such damage and/or the Owner to whom the motor vehicle
or motorcycle owner was a guest, tenant or invitee, to repair, and, in the event such repair is not promptly
undertaken, the Association shall repair same at Owner's expense,
8. Sions. The Association shall maintain, repair and replace all vehicular traffic signs and
property identification signs installed or placed on any part of the Property by Developer or the Association
which are not maintained by the City (such as for the Community Facility), County or other governmental
authority.
9. Party Walls.
a. Each wall which is built as part of the original construction of a Residence or the
Community Facility and placed on the dividing line between the Lots shall constitute a party wall, and to the
extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and
liability for property damage due to negligence or willful acts or omissions shall apply thereto.
b. The cost of reasonable repair and maintenance of a party wall, to the extent not
covered by insurance, shall be borne by the Association. Any repair or maintenance costs incurred as the
result of negligent or willful conduct of an Owner, or Owner's guests, invitees, contractors, or tenants, shall be
paid by said Owner,
c. In the event a party wall is destroyed or damaged by fire, hurricane, or other casualty,
the Association shall restore it, without prejudice, however, to the right of the Association to seek contribution
from Owners under any rules or laws regarding liability for negligent or willful acts or omissions.
d, Notwithstanding any other provisions of this Article to the contrary, an Owner who by
his negligent or willful act causes a party wall to be exposed to the elements shall bear the entire cost of
furnishing the necessary protection against such elements and the costs of repairing any damages related
thereto,
10. Swimmino Pool, Cabanas and Playoround. The Association shall maintain and repair the
swimming pool, pool cabanas, all pool area improvements and facilities, and all playground facilities.
11. Damaoe Caused By Owner. In the event any Owner, or Owner's family, guests, invitees,
contractors, servants or tenants, causes any damage to any property which is the responsibility of the
Association to maintain, repair and replace, such Owner will be responsible for all costs associated with
repairing such damage, and the Association shall have the right to levy a Special Assessment for the cost
thereof against such Owner.
12. Rioht of Entry by Association. Whenever it is necessary to enter upon a Lot, Residence or
the Community Facility for the purpose of inspection (including inspection to ascertain an Owner's compliance
with the provisions of this Declaration) or to perform maintenance or repairs to any portion of the Lot,
Residence or the Community Facility, or in the case of emergency originating in or threatening any Residence
or the Community Facility, or for making emergency repairs therein necessary to prevent damage to the
Common Property, to such Owner's Residence, or to another Residence, or to the Community Facility, the
Owner thereof does hereby permit a member of the Board or any authorized agent of the Association to go
upon the Lot or enter the Residence or Community Facility for such purposes, whether or not the Owner is
present at the time, provided that such entry shall be made only at reasonable times; provided, however, that
in the case of emergency, including, without limitation, fire, hurricane, medical need, or burglary, entry may be
made at any time, and such right of entry shall be immediate and without notice. Each Owner does hereby
appoint the Association as its agent for the purposes herein provided and agrees that the Association shall not
be liable for any alleged property damage or theft caused or occurring on account of any entry by the
Association.
13. DisDutes. In the event of any dispute concerning the Association's obligations under the
provisions of this Article VII, the dispute shall be resolved through arbitration conducted by the American
Arbitration Association and governed by the rules and regulations of the American Arbitration Association, and
the prevailing party shall be entitled to recover all attorneys' fees and costs. Provided. however. that so lonQ as
the Community Facility is owned by the City.of Delray Beach. an aoency of the City of Delray Beach. the
Delray Beach Community Land Trust or a not-for-profit oroanization. if the dispute involves the Community
Facility. the Association must seek recourse with the City Commission of Delray Beach or other QoverninQ
entity controllino the use of the Community Facility and work in Qood faith to resolve the dispute. If the
Association is unable to resolve the dispute to its satisfaction with the City Commission or other oovernino
entity. then the Association may pursue mandatory mediation and arbitration as set forth in F ,S, 720.311,
ARTICLE VIII
MAINTENANCE OBLIGATIONS OF OWNERS
The maintenance and repair obligations of Owners shall be as follows:
Lots and Residences.
a. To keep and maintain the Lots, Residences, and the Community Facility, and the
fixtures, appliances, equipment, interior finishes, and appurtenances thereon and therein not maintained by
the Association, in good order, condition and repair, and to perform promptly all maintenance and repair work
within the Residence which, if omitted, would affect the Lot, Residence or the Community Facility in its entirety
or in part belonging to Owner, or a Lot and Residence owned by other Owners, and Owners shall be expressly
responsible for the damages and liabilities which Owner's failure to do so may engender. Notwithstanding any
proYision to the contrary herein, Owners shall be liable and responsible for the maintenance, repair and
replacement, as the case may be, of all windows and exterior doors (including garage doors), interior doors
and millwork, door and bathroom hardware, flooring and wall tile, cabinets and countertops, all air conditioning
and heating equipment, plumbing fixtures, kitchen and laundry appliances, electrical and lighting fixtures,
ceiling fans, security, intercom, fire sprinkler systems, and central vacuum systems, including all of the pipes,
wiring, ducts, vents, conduit, fixtures, and the connections required to provide water, electric, sewer, air
conditioning and heating, telephone, and cable television, and sanitary service to a Residence, except to the
extent such items are situated within portions of the Lot or Residence that the Association is responsible to
maintain pursuant to Article VII herein,
b. To maintain, repair and replace any and all interior walls, except for such interior walls
specified in Article VII, Section 2b herein, and furnishings, and all other accessories which such Owner may
desire to place and maintain within its Residence.
c. To keep in a neat condition, the floor, interior walls, windows, ceilings, fencing,
balcony railings, balconies, and driveways.
d, To promptly report to the Association any defect or need for repairs for which the
Association is responsible,
e, To maintain, repair and replace plumbing and electrical fixtures and equipment
exclusively servicing a Residence or the Community Facility situated within a Residence or the Community
Facility.
2. Owner's Liability. In the event any Owner: (I) fails to perform the responsibilities as set forth
in this Article VIII, (ii) causes any damage to any improvement which the Association has the responsibility to
maintain, repair or replace; or (iii) undertakes unauthorized improvements, additions or alterations to a Lot or
Residence, the Association, upon the affirmative majority vote of the Board and ten (10) days prior written
notice to Owner, shall have the right, through its agents and employees, to enter upon such Lot and/or in such
Residence where such violation exists, to cause the required maintenance and/or repairs to be performed, or,
as the case may be, to summarily remove any unauthorized improvements, additions or alterations at the
expense of the Owner; provided, however, that the Association shall then at the expense of the Owner, make
the necessary repairs, construction, etc, to insure that the property and improvements where such violation
occurred is restored to the same condition which existed prior to such violation, and any such entry,
abatement, removal or restoration and construction work shall not be deemed a trespass, and all costs
associated therewith, plus reasonable overhead/administrative costs to the Association, shall be accessed
against such Owner as a Special Assessment.
ARTICLE IX
COVENANT FOR MAINTENANCE ASSESSMENTS
1. Purpose of Assessments. Assessments, as hereinafter defined, levied by the Association
shall be used exclusively for promoting the health, safety, welfare, and enjoyment of the residents of the
Property, and, in particular, for the improvement, maintenance and operation ofthe Property, and the services
and facilities devoted to this purpose, and related to the use, enjoyment and preservation of the Common
Property, and for the payment of Operating Expenses, as hereinafter defined, and capital improvements and
other expenses as hereinafter set forth,
2. Affirmative Covenant to Pay Assessments.
a. In order to fulfill the terms, provisions, covenants and conditions contained in this
Declaration, and to maintain, operate and preserve the Property for all Owners, there is hereby imposed upon
each Owner the affirmative covenant and obligation to pay to the Association, in the manner hereinafter set
forth, all Assessments, as hereinafter provided, including Annual Assessments and Special Assessments, as
hereinafter provided. The affirmative covenant and obligation to pay Assessments shall run with the land
which constitutes the Property.
b, All Owner's acknowledge by acceptance of a deed or other instrument of conveyance
for any Lot within the Property (whether or not it shall be so expressed in any such deed or other conveyance
instrument), that the Owners of each Lot are liable to the Association for the payment of: (I) annual
assessments or charges (collectively referred to herein as "Annual Assessments") of budgeted Operating
Expenses, as hereinafter defined, and (ii) non-budgeted expenses for capital improvements and budget
deficiencies (collectively referred to herein as "Special Assessments"). Annual Assessments and Special
Assessments may be collectively referred to herein as "Assessments". Such Owners further recognize and
covenant that they are jointly and severally liable with the Owners of all Lots for the Assessments, and that in
the event Owners fail or refuse to pay their Annual Assessments or any portion thereof or their respective
portions of any Special Assessments, the other Owners may be responsible for increased Annual
Assessments or Special Assessments due to the nonpayment by such Owners, and such increased Annual
Assessments or Special Assessments can and may be enforced by the Association and/or the Developer in
the same manner as all other Assessments, as provided in this Declaration. Assessments shall be billed to
the Owners on a monthly or quarterly basis, as determined by the Board.
3. Establishment of Liens.
a. All Assessments made by the Association in accordance with the provisions of this
Declaration or any of Cannery Row Documents, together with late charges, interest thereon at the highest rate
allowed by law and all costs of collection thereof, including, without limitation, reasonable attorneys' fees and
court costs, are hereby declared to be a charge and continuing lien upon the Lot against which each such
Assessment is made. All Assessments against a Lot, together with late charges, interest thereon at the
highest rate allowed by law and all costs of collection thereof, including attorneys' fees and costs, shall be the
joint and several personal obligation of the person(s) or entity(s) who was the Owner of such Lot at the time
the Assessment fell due, and the personal obligation for delinquent Assessments shall not pass to successors
in title unless expressly assumed by them.
b. Said lien shall be effective only from and after the time of the recordation amongst the
Public Records of Palm Beach County of a written acknowledged statement by the Association setting forth
the amount due to the Association as of the date the statement is signed. Upon full payment of all sums
secured by such lien, the party making payment shall be entitled to a satisfaction of the lien in recordable form.
Notwithstanding any provision to the contrary herein, where Lenders of record obtain title to a Lot as a result
of foreclosure of its mortgage or deed in lieu of foreclosure of its mortgage, such acquirer of title, its
successors or assigns, shall not be liable for the share of Assessments pertaining to such Lot or chargeable to
the former Owner thereof which became due prior to the acquisition of title as a result of the foreclosure or
deed in lieu thereof, unless the Assessment against the Lot in question is secured by a claim of lien for
Assessment that is recorded prior to the recordation of the mortgage which was foreclosed or with respect to
which a deed in lieu of foreclosure was given.
c. Notwithstandina the foreooino lanouaae. the Association shall have no lien riohts
aoainst the Community Facility unless it is converted to solelv residential use. As long as the Community
Facility is owned by an agency of the City, the Association would not have lien rights, as provided herein,
against an agency of the City. Accordingly, and in lieu of any available lien rights, the Association would have
all available remedies at law to enforce the terms of this Declaration, as stated herein.
4. Collection of Assessments. In the event any Owner shall fail to pay Assessments, or any
installment thereof, charged to such Owner within fifteen (15) days after the same becomes due, the
Association, through its Board, shall have any and all of the following remedies, to the extent permitted by law,
which remedies are cumulative and which remedies are not in lieu of, but are in addition to, all other remedies
available to the Association:
a. To accelerate the entire amount of any Assessments for the remainder of the
calendar year notwithstanding any provisions for the payment thereof in installments;
b. To advance on behalf of Owners in default funds to accomplish the needs of the
Association up to and including the full amount for which such Owners are liable to the Association, and the
amount or amounts of monies so advanced, together with interest at the highest allowable rate, and all costs
of collection thereof including, without limitation, reasonable attomeys' fees and court costs, may thereupon be
collected by the Association and such advance by the Association shall in no way waive the default;
c. Except as to the Community Facility, to file an action in equity to foreclose its lien at
any time, after the effective date thereof. The lien may be fore-closed by an action in the name of the
Association in like manner as a foreclosure of a mortgage on real property; and
d. To file an action at law to collect said Assessment plus interest at the highest rate
allowed by law, reasonable attorneys' fees and court costs, and all other collection expenses without waiving
any lien rights or rights of foreclosure in favor of the Association.
5. Riahts of Developer and Lenders to Pay Assessments and Receive Reimbursement.
Developer and Lenders shall have the right, but not the obligation, jointly or singly, and at their sole option, to
pay any of the Assessments which are in default and which mayor have become a charge against any Lot
within the Property. Further, Developer and Lenders shall have the right, but not the obligation, jointly or
singly, and at their sole option, to pay insurance premiums or fidelity bond premiums or other required items of
Operating Expenses on behalf of the Association where the same are overdue and where lapses in policies or
services may occur. Developer and Lenders paying overdue Operating Expenses on behalf of the Association
will be entitled to immediate reimbursement from the Association of such amounts paid by Developer or
Lenders, together with interest at the highest allowable rate and any costs of collection including, without
limitation, reasonable attorneys' fees and costs, and the Association shall execute an instrument in recordable
form to this effect and deliver the original of such instrument to Developer and/or any Lender who is so entitled
to reimbursement. With respect to collecting any such sums advanced by Developer and/or Lenders,
Developer and Lenders shall have the same remedies available to the Association, as set forth in Section 4
above.
6. Subordination of the Lien to Mortaaaes. The lien of Assessments provided for herein shall
be superior to all other liens except tax liens and mortgage liens, provided said mortgage liens are first liens
against the property encumbered thereby (subject only to tax liens). The sale or transfer of any Lot which is
subject to a mortgage, pursuant to a decree of foreclosure thereof, shall extinguish the lien of such
Assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfer
shall relieve such Lot from liability for any Assessments thereafter becoming due or from the lien thereof.
7. Exempt Property. The following property subject to this Declaration shall be exempt from
Assessments created herein: (I) all properties dedicated to and accepted by a local public authority, and (ii) the
Common Property; provided, however, no land or improvements devoted to residential dwelling use shall be
exempt from Assessments.
ARTICLE X
METHOD OF DETERMINING ASSESSMENTS
1. Determinina Amount of Assessments. The total anticipated Operating Expenses for each
calendar year shall be set forth in a budget (the "Budget") prepared by the Directors not later than November
1st of the calendar year preceding the calendar year for which the Budget is to be adopted. The total
anticipated Operating Expenses (other than those Operating Expenses which are properly the subject of a
Special Assessment, as hereinafter set forth), shall be equally apportioned among the Lots to determine the
Annual Assessments; provided, however, the Community Facility shall not pay Annual Assessments or
Special Assessments for any Operating Expenses relating to the swimming pool amenities, swimming pool
cabanas, GF community playground area or the desionated Quest and handicap parkina spaces located on the
Common Property, as Community Facility Occupants shall have no use of such improvements within the
Common Property. Should the Community Facility be converted to solely residential use. then the Community
Facility shall pay its share of the cost of Annual or Special Assessments for any Operatina Expenses relatinQ
to the swimmina pool amenities. swimmina pool cabanas. community plaYQround area or the desianated Quest
and handicap parkina spaces located on the Common Property and its Annual Assessments shall be adiusted
accordinaly. Should the Community Facility be owned by a not-for-profit aQency that does not aualify for
Federal income tax exemption. then the not-for-profit aoencv will also be obliaated to pay its share of taxes as
set forth in Article XII. 1.
2. Uniform Rate of Assessments. Both Annual Assessments and Special Assessments must
be fixed at an uniform rate for all Lots, except where otherwise provided herein, except as provided in Article
X.1. regarding the Community Facility.
3. Annual Assessment Payments. Annual Assessments shall be payable quarterly, in
advance, on the first day of each January, April, July and October of each year. Annual Assessments and the
quarterly installments thereof as well as all Assessments provided for herein and all installments thereof shall
be adjusted from time to time by the Board to reflect changes in the Budget or in the event the Board
determines that the Assessments or any installments thereof are either less than or more than the amount
actually required.
4. Special Assessments.
a. In addition to the Annual Assessment authorized above, the Association may levy, in
any assessment year, a Special Assessment applicable to that year only for the purpose of defraying, in whole
or in part, the expenses of the Association that are not provided for in the budgeted Annual Assessments, and
for the cost of any capital improvement, which includes the costs, in whole or in part, of constructing or
acquiring improvements, or the costs, whether in whole or in part, of reconstructing or replacing such
improvements on any Lot or Residence that are the maintenance obligation of the Association, and/or the
Common Property and any improvements thereon, including fixtures and personal property related thereto;
provided, however, that such Special Assessment shall have the assent of not less than two-thirds (2/3) of the
Owners entitled to vote in person or by proxy at a meeting duly called for this purpose, except that no such
approval need be obtained for Special Assessments for the replacement or repair of a previously existing
improvement on the Property which was destroyed or damaged, it being recognized that the sums needed for
such capital expenditures shall be the subject of a Special Assessment.
b. Written notice of any meeting called for the purpose of taking any action authorized
under this Section 4 shall be sent to all Members not less than 30 days nor more than 60 days in advance of
such meeting. At such meeting, the presence of Members or of proxies entitled to cast the majority of all
votes of the Members shall constitute a quorum.
c. Notwithstanding any provision to the contrary herein, it is recognized and declared
that Special Assessments shall be in addition to, and are not a part of, Annual Assessments, and any such
Special Assessments assessed against Owners shall be paid by such Owners in addition to Annual
Assessments. Except as otherwise provided herein, Special Assessments shall be assessed in the same
manner as Annual Assessments.
d. Notwithstanding any provision to the contrary herein, Special Assessments may be
assessed against individual Owners to compensate the Association for undertaking maintenance and repair
obligations of an Owner, and for damages caused by an Owner, as provided in Article VII, Section 9 and
Article VIII, Section 2 herein.
5. Special Assessments For Reconstruction of Buildinas or Improvements.
a. Any and all sums necessary to repair, replace, construct or reconstruct any building
on the Common Property damaged or destroyed by casualty that are not covered in whole or in part by
insurance, and any difference between the amount of insurance proceeds received with respect to such
damage and the amount of funds necessary to repair, replace. construct or reconstruct the building or
improvement so damaged, shall be the subject of a Special Assessment, and the Association shall levy a
Special Assessment for the funds necessary to cover such expenditure within ninety (90) days from the date
such damage was incurred. The Association shall deposit into a Palm Beach County banking institution
insured by an agency of the United States any such funds collected by Special Assessment and all insurance
proceeds collected by the Association so that the funds on deposit will equal the cost of repair, replacement,
construction or reconstruction of the damaged improvements, and the Association shall go forward with all
deliberate speed so that such repair, replacement, construction or reconstruction shall be completed as soon
as reasonably possible after the date of such damage.
b. In the event that repairs and replacements were paid for by any Special Assessment
or by insurance proceeds, and after the completion of the repair, replacement or reconstruction, and after
payment for same, there remains any excess funds in the hands of the Association, it shall be presumed that
the funds disbursed in payment of any repair, replacement and reconstruction were first disbursed from
insurance proceeds and any remaining funds shall be deemed to be remaining Special Assessments which
shall be returned to the Owners by means of a prorata distribution in accordance with the collection of that
Special Assessment.
c. Notwithstanding the foregoing, in the event there is any conflict between the provision
of this Section and the provisions of any mortgage now or hereafter encumbering any Common Property, the
provisions of any such mortgage shall control as to the property encumbered thereby.
6. Community Facility. The City shall make every effort to insure the Community Facility in
such a way that its operation on the Property does not increase the insurance costs to the Association over
and above what those costs would be if the Community Facility was insured at the same average rate of any
Residence. If the Community Facility is sold to a Drivate Darty and the use of the DroDerty causes the cost of
insurance for Lot 12 to In tho event that tho cost for insuring the Community Facility exceeds what the per
Residence costs are for insurance, the Association may assess the Owner of Lot 12 the Community Facility an
amount equal to the overage amount of such insurance costs.
ARTICLE XI
CAPITAL CONTRIBUTION
At the time of the closing of fee simple title to a Lot pursuant to an original sale by Developer, the
purchaser thereof shall pay to the Association a sum equal to two (2) months of the Annual Assessment then
in effect. This section shall not applv to the Community Facility. These monies (hereinafter referred to as the
"Capital Contribution Fund") shall be the Association's property and shall be held by the Association in an
interest- bearing account with a banking institution in Palm Beach County and insured by an agency of the
United States. The Capital Contribution Fund, and the interest accrued thereon, shall be used by the
Association through the Board, pursuant to the powers described in the Articles and By-Laws for purposes of
working capital, payment of Operating Expenses, for meeting budgetary deficiencies in lieu of Special
Assessments, and for the payment of Federal and State income taxes on the earnings of the Capital
Contribution Fund.
ARTICLE XII
OPERATING EXPENSES
The following expenses of the Property and the Association are hereby declared to be "Operating
Expenses" which the Association is obligated to assess and collect from Owners, and which Owners are
obligated to pay to the Association as provided herein or as may be otherwise provided in Cannery Row
Documents, to wit:
1. Taxes. Any and all taxes levied or assessed at any time by any taxing authority upon the
Common Property, and any improvements thereto or thereon, and any personal property thereon, or against
any other real property within the Property which is owned by the Association, including, without limitation, real
property taxes, all taxes, charges, assessments and impositions and liens for public improvements, special
charges and assessments, and water drainage districts, and any other taxes or tax liens which may be
assessed against the Common Property, including any interest, penalties and other charges which may
accrue thereon. The Community Facility shall not be reauired to contribute to this expense unless it is
converted into a solelv residential unit or if it is owned bva not-for-profit aQencv which does not aualify for
federal income tax exemption.
2. Utility Charaes. All charges for providing Utilities to and for the Common Property, whether
supplied by a private or public firm, and all charges for providing Utilities to and for the Lots and Residences
provided such Utilities are provided to all Lots and Residences, including, without limitation, water and CATV
services, whether supplied by a private or public firm. The Community Facility shall have the rioht to opt out of
the CATV services so lono as it is owned bv the City of Delrav Beach. an aoencv of the City. the Delrav Beach
Community Land Trust or a not-for-profit aaencv.
3. Insurance. The premiums on the policy or policies of insurance which the Board in its sole
discretion determines to obtain; provided, however, that the Association shall obtain and maintain the following
insurance coverage:
a. Comprehensive Liability Insurance. Comprehensive public liability insurance and,
if appropriate, owners, landlord and tenant policies naming the Association, and, until the date upon which all
Lots have been conveyed to third parties, Developer as additional insured parties thereof, which policy(s) shall
insure against all claims or demands made by any person or persons whomsoever for injuries received in
connection with, or arising from, the use maintenance and repair of the Common Property, and any
improvements located thereon, and for any other risks insured against by such policies with limits of: (I) not
less than One Million Dollars ($1,000,000.00) for damages incurred or claimed by anyone person for anyone
occurrence, (ii) not less than Two Million Dollars ($2,000,000.00) for damages incurred or claimed on an
annual aggregate, combined single limit basis, and (iii) not less than Two Million Dollars ($2,000,000.00) for
umbrella/excess liability coverage. Such coverage shall include, as appropriate, and without limitation,
protection against water damage liability, liability for non-owned and hired automobiles, liability for property of
others, host liquor liability and such other risks as are customarily covered with respect to areas similar to the
Common Property in developments similar to Cannery Row in construction, location and use, and as
customarily covered under comprehensive general liability occurrence forms.
b. Hazard and Casualty Insurance. Hazard and casualty insurance in an amount
equal to One Hundred Ten Percent (110%) of the then full replacement cost, exclusive of land, foundations,
excavation and other items normally excluded from such coverage, of all buildings and improvements now or
hereafter located upon the Lots and the Common Property, such insurance to afford protection against at least
the following:
(I) Loss or damage by flood, fire, windstorm, water damage, sprinkler or water leakage,
debris removal, demolition, vandalism, malicious mischief, and other hazards covered by the standard
extended coverage endorsement; and
(ii) Such other risks as are customarily covered with respect to the Lots, Residences and
Common Property in developments similar to Cannery Row in construction, location and use.
Such property and casualty insurance, including, without limitation, fire, windstorm, flood, etc.
that the Board deems adequate and appropriate, but in no event shall any such coverage be less than 110%
of replacement costs of all insurable improvements within the Property.
c. Fidelity Insurance. Adequate fidelity coverage to protect against dishonest acts on
the part of Officers, Directors, and employees of the Association and all others who handle or are responsible
for handling funds of the Association, such coverage to be in the form of fidelity bonds which: (a) name the
Association as an obligee; (b) are written in an amount equal to at least 110% of the estimated annual
Operating Expenses of the Association, or as deemed adequate by the Board; and (c) contain waivers of any
defense based upon the exclusion of persons who serve without compensation from any definition of
"employee" or similar expression.
d. Other Insurance. Such other forms of insurance and in such coverage as the
Association shall determine to be required or beneficial for the protection or preservation of the Common
Property and any buildings and improvements now or hereafter located thereon, and the Lots and the
Residences, or in the best interest of the Owners and the Association.
4. Maintenance. Repair and Replacement. Any and all expenses required to properly
maintain, repair and replace the Common Property and all improvements thereon, and those elements ofthe
Lots and Residences that are the maintenance obligation of the Association as provided in Article VII herein.
5. Administrative and Operational Expenses. The costs of administration for the Association
in the performance of its functions and duties pursuant to Cannery Row Documents including, without
limitation, costs for secretarial and bookkeeping services, salaries of employees, legal and accounting fees,
management fees, and contracting fees. In addition, the Association may retain a management company or
companies or contractors (any of which may be, but are not required to be, a subsidiary, affiliate, or any
otherwise related entity of Developer) to assist in the operation of the Property, or portions thereof, and to
perform or assist in the performance of certain obligations of the Association under Cannery Row Documents
and the fees or costs of any management company or contractor so retained shall be deemed to be part ofthe
Operating Expenses.
6. Compliance with Laws. The Association shall take such action as it determines necessary
or appropriate in order to cause the Common Property, and the Lots, and all improvements thereon or thereto,
to be in compliance with all laws, statutes, ordinances and regulations of any governmental authority, whether
federal, state or local, including, without limitation, any regulations regarding zoning requirements, setback
requirements, drainage requirement, sanitary conditions and fire hazards, and the cost and expense of such
action taken by the Association shall be an Operating Expense.
7. Indemnification. The Association. excludino the Community Facility Owner while it is owned
bv the City of Delrav Beach. an aoencv of the City. the Delrav Beach Community Land Trust or a not-for-orofit
aoencv. covenants and agrees that it will indemnify and hold harmless Developer from and against any and all
claims, suits, actions, causes of action and/or damages arising from any personal injury, loss of life and/or
damage to property sustained on or about the Property, and from and against all costs, expenses, attorneys'
fees, including, without limitation, all trial and appellate levels and whether or not suit be instituted, and
liabilities incurred by Developer arising from any such claim, the investigation thereof, or the defense of any
action or proceedings brought thereon, and from and against any orders, judgments and/or decrees which
may be entered thereon arising from the Association's administration, management, maintenance and/or
supervision of the Property. The Association shall also indemnify Developer for any expense Developer may
incur in bringing any suit or action for the purpose of enforcing the rights of Developer under any of Cannery
Row Documents or for compelling the specific enforcement of the terms, conditions and covenants contained
in any of Cannery Row Documents to be kept or performed by the Association or the Owners.
8. Reserves. The funds necessary to establish an adequate reserve fund (the "Reserves") for
depreciation, repair, replacement and deferred maintenance of the Common Property, the facilities and
improvements thereto and thereon, and those elements of the Lots and Residences that are the maintenance
obligation of the Association, as provided herein, in amounts determined sufficient and appropriate by the
Board from time to time shall be an Operating Expense. The Reserves shall be deposited in a separate
account at a Palm Beach County banking institution insured by an agency of the United Sates. The funds
collected by the Association on account of Reserves shall be and shall remain the exclusive property of the
Association and no Owner shall have any interest, claim or right to such Reserves or any fund composed of
same.
9. Failure or Refusal of Owners to Pay Assessments. Funds needed for Operating
Expenses due to the failure of refusal of Owners to pay Assessments levied shall, themselves, be deemed
Operating Expenses and properly the subject of Annual Assessments.
10. Miscellaneous Expenses. The cost of all items of expense pertaining to or for the benefit of
the Association or the Common Property, or any part thereof, not herein specifically enumerated and which is
determined to be an appropriate item of Operating Expense by the Board shall be an Operating Expense.
ARTICLE XIII
GENERAL PROVISIONS
1. Lawful Use of Property. Each portion of the Property will be subject to, and the Association
and each Owner will conform to and observe all laws, statutes, ordinances, rules and regulations of the United
States of America, the State of Florida, the County, the City and any and all other governmental and public
authorities having jurisdiction over the Property relating to the Property, any improvements thereon, or the use
thereof, and no illegal or immoral purpose or use shall be permitted on the Property.
2. Incorporation of Cannery Row Documents. Any and all deeds conveying a Lot, a
Residence or any other portion of the Property shall be conclusively presumed to have incorporated therein all
of the terms and conditions of Cannery Row Documents, including, without limitation, this Declaration, as
amended, and the Articles and By-Laws, as amended, whether or not the incorporation of the terms and
conditions of Cannery Row Documents is specifically set forth by reference in such deed, and acceptance by
the grantee of such a deed shall be deemed to be acceptance by such grantee of all of the terms and
conditions of Cannery Row Documents.
3. Notices. Any notices or other communication required or permitted to be given or delivered
hereunder to any Owner shall be deemed properly given and delivered upon the mailing thereof by United
States certified mail, postage prepaid, to: (I) any Owner, at the address of the person whose name appears as
Owner on the records of the Association at the time of such mailing, or, in the absence of any specific
address, at the address of any Residence or Lot owned by such Owner; and (ii) Developer or the Association,
at 277 Southeast 5th Avenue, Delray Beach, Florida 33483, until Developer or the Association shall notify
Owners of a different address, or until Developer shall notify the Association of a different address, in which
case, any such notice to the Association of a change in Developer's address shall be deemed effective notice
to all Owners.
4. Covenants Run With Land. All restrictions, reservations, covenants, conditions and
easements contained in this Declaration shall constitute covenants running with the land, and all grantees,
devisees, or mortgagees, their heirs, personal representatives, successors and assigns, and all parties
claiming by, through or under such persons or entities, agree to be bound by the provisions of this Declaration,
as amended, and the Articles and By-Laws, as amended.
5. Enforcement. The covenants and restrictions herein contained or contained in any of
Cannery Row Documents may be enforced by Developer, the Association, any Owner or Owners, and any
Lenders in any judicial proceedings seeking any remedy recognizable at law or in equity, including damages,
injunction, or any other form of relief against any person, firm or entity violating or attempting to violate any
covenant, restriction or provision hereunder.
6. Effect of Waiver of Violation. The failure by any party to enforce any such covenant,
restriction or provision of this Declaration shall in no event be deemed a waiver of such covenant, restriction or
provision or of the right of such party to thereafter enforce such covenant, restriction or provision.
7. Captions, Headinas and Titles. Article, section and paragraph captions, headings and titles
inserted throughout this Declaration are intended as a matter of convenience only and in no way shall such
captions, headings and titles define, limit or in any way affect the subject matter or any of the terms and
provisions thereunder nor the terms and provisions of this Declaration.
8. Context. Whenever the context so requires, the use of any gender shall be deemed to
include all genders, and the singular shall include the plural, and the plural shall include the singular.
9. Attorneys' Fees. The prevailing party in any litigation or dispute associated with Cannery Row
Documents shall be entitled to recover all costs thereof, including, without limitation, reasonable attorneys'
fees, court costs, legal assistant time, expert witness fees, investigative fees, administrative costs, and all
other expenses and charges billed by the attorney to the prevailing party even if not taxable court costs
(including, without limitation, all such fees, costs, and expenses incident to arbitration, mediation, appellate,
bankruptcy, and post-judgement proceedings incurred in any such action, proceeding or appeal, in addition to
any other relief to which the party or parties may be entitled), and whether or not suit is instituted. This
paraaraph shall not apply to the o...:nor of the Community Facility so 10nQ as it is owned by the City of Delray
Beach. an aaency of the City. the Delray Beach Community Land Trust or a not-for-profit aaency.
10. Severability. In the event any of the terms or provisions of this Declaration shall be deemed
invalid by a court of competent jurisdiction, said judicial determination shall in no way affect any of the other
terms and provisions hereof, which shall remain in full force and effect and any provisions of this Declaration
deemed invalid by a court of competent jurisdiction by virtue of the term or scope thereof shall be deemed
limited to the maximum term and scope permitted by law.
11. Subordination. Developer and the Association agree that their respective interests as
provided for in this Declaration shall be and are subordinate to the lien, encumbrance and operation of any
existing mortgages encumbering any portion of the Property (as of the date hereof), and any additional,
replacement or subsequent mortgages obtained by Developer for the purpose of financing the construction of
improvements upon any portion of the Property. While the provisions of this Section are self-operative, the
Association nevertheless agrees to execute such instruments in recordable form as may be necessary or
appropriate to evidence the foregoing subordination of its interests to any such mortgages and shall do so
forthwith upon request of Developer, its successors and assigns.
12. Amendment and Modification. The process of amending or modifying this Declaration shall
be as follows:
a. Until the Turnover Date, all amendments or modifications shall only be made by
Developer without the requirement of the Association's consent or the consent of the Owners; provided,
however, that the Association shall, forthwith upon request of Developer, join in any such amendments or
modifications and execute such instruments to evidence such joinder and consent as Developer shall, from
time to time, request. Provided. however. that the Developer may not amend or modify the Declaration in a
way that would affect the use and/or operation of the Community Facility without the prior written consent of
the City. an aoencv of the City. the Delrav Beach Community Land Trust or a not for profit aoencv. This
restriction of consent of the City shall terminate if the Community Facility is sold to a private party: however.
the private owner shall be reauired to !:live written consent. which consent shall not be unreasonablvwithheld.
unless it is solelv a residential unit.
b. After the Turnover Date, this Declaration may be amended by the consent of not less
than two-thirds (2/3) of all Owners entitled to vote in person or by proxy together with the approval or
ratification of a majority of the Board. The aforementioned consent of the Owners maybe evidenced by a
writing signed by the required number of Owners at any regular or special meeting of the Association called
and held in accordance with the By-Laws and evidenced by a certificate of the Secretary of the Association.
Provided. however. that the Owners may not amend or modify the Declaration in a way that would affect the
use and/or operations of the Community Facility without the prior written consent of the City. an aoencv of the
City. the Delrav Beach Community Land Trust or a not for profit aoencv. This restriction of consent of the City
shall terminate if the Community Facilitv is sold to a private party: however. the private owner shall be reauired
to oive written consent. which consent shall not be unreasonablv withheld. unless it is solelva residential unit.
c. Amendments for correction of scrivener's error or other nonmaterial changes may be
made by Developer alone until the Turnover Date, and the Board thereafter, without the consent of Owners.
d. Notwithstanding any provision to the contrary herein, no amendment to this
Declaration shall be effective which shall impair or prejudice the rights or priorities of Developer, the
Association or of any Lenders under this Declaration or any other of Cannery Row Documents without the
specific written approval of Developer, the Association, or Lenders affected thereby. Further, notwithstanding
any provision to the contrary contained herein, no amendment to this Declaration shall be effective which
would increase the liabilities of the then Owners or prejudice the rights of the Owners or Owner's guests,
invitees, and tenants to utilize or enjoy the benefits of the Common Property unless the Owner or Owners so
affected consent to such amendment in writing or unless such amendment is adopted in accordance with the
procedures required for adoption of an amendment to this Declaration after the Turnover Date.
e. A true copy of any amendment to this Declaration shall be sent certified mail (herein
called the "Mailing") by the Association to Developer and to all Lenders requesting notice. The amendment
shall become effective upon the recording of a Certificate of Amendment to this Declaration setting forth the
amendment or modification amongst the Public Records of Palm Beach County, but the Certificate shall not
be recorded until thirty (30) days after the Mailing, unless such thirty-day period is waived in writing by
Developer and all Lenders.
13. Manaaement and Service Contracts. Any agreement for professional management of the
Property, or any other contract for providing services to the Association, except for agreements pertaining to
cable television, must provide for a term of not more than one (1) year, and any such agreement must provide
for termination by either party without cause and without payment of a termination fee on ninety (90) days
written notice.
14. Developer as Owner. Until the Turnover Date, neither Owners nor the Association shall take
any action that would interfere with or undermine Developer's promotion and sale of the Lots without first
obtaining Developer's written consent to any such acti~n.
15. Riahts of Lenders. Upon receipt by the Association from any Lenders of a copy of the
mortgage held by such Lenders on a Lot, together with written request therefor from such Lenders, the
Association shall timely send to such Lenders the following notice; provided however, that the failure of the
Association to send any such notice to any such Lenders shall not have any effect on any meeting, act or thing
which was to have been the subject of such notice nor affect the validity thereof, to wit:
(I) A copy of any notice of a meeting of the Association
or of the Board which is thereafter sent to the Owner of such Lot:
(ii) A copy of any financial statement of the Association
which is thereafter sent to the Owner of such Lot;
(iii) Written notice of any termination by the Association of any professional management
of the Property and the assumption by the Association of the self-management of same;
(iv) Thirty (30) days prior written notice of the cancellation or termination by the
Association of any policies of insurance covering the Common Property or any improvements thereon, or any
fidelity bonds of the Association's officers, Directors, or employees as well as copies of any notices of
cancellation by others received by the Association with respect thereto;
(v) Written notice of any damage or destruction to the improvements located on the
Common Property that gives rise to net insurance proceeds being available for distribution to the Owners of
the Lots encumbered by the mortgage of such Lenders;
(vi) Written notice of any condemnation or eminent domain proceeding or proposed
acquisition arising therefrom with respect to the Common Property;
(vii) Written notice of any material amendment to, or the abandonment or termination of,
this Declaration in accordance with the terms hereof; and
(viii) Written notice of any default in the performance by Owner/mortgagor of any
obligations under the terms and conditions of this Declaration or the Articles or By-Laws that is not cured
within sixty (60) days.
16. Term. This Declaration and the terms, provisions, conditions, covenants, restrictions,
reservations, regulations, burdens, benefits and liens contained herein, including, without limitation, the
provisions for Assessments shall run with and bind the Property and inure to the benefit of Developer, the
Association, Owners, Lenders and their respective legal representatives, heirs, successors and assigns for a
term of twenty-five (25) years from the date of the recording of this Declaration among the Public Records of
Palm Beach County, after which time this Declaration shall be automatically renewed and extended for
successive periods of ten (10) years each unless at least one (1) year prior to the termination of such twenty-
five (25) year term or any such ten (10) year extension, there is recorded among the Public Records of the
County, an instrument signed by not less than two-thirds (2/3) of the Owners entitled to vote in person or by
proxy, together with the approval or ratification of a majority of the Board, agreeing to terminate this
Declaration, upon which event this Declaration shall be terminated upon the expiration of the twenty-five (25)
year term or the ten (10) year extension thereof during which the termination instrument is recorded.
17. Dissolution of the Association. The Association may be dissolved with the assent given in
writing and signed by not less than two-thirds (2/3) of the Owners entitled to vote in person or by proxy
together with the approval or ratification of a majority of the Board. Upon dissolution of the Association as
provided herein, other than incident to a merger or consolidation, the assets of the Association shall be
dedicated to an appropriate public agency to be used for purposes similar to those for which this Association
was created. In the event that such dedication is refused acceptance, such assets of the Association shall be
granted, conveyed and assigned to any non-profit corporation, association, trust or other organization to be
devoted to such similar purposes. The dissolution of the Association shall be subject to the provisions of
Chapter 617.05 of the Florida Statutes. In the event of dissolution of the Association for whatever reason, any
Owner may petition the Circuit Court for the 15th Judicial Circuit of Florida for appointment of a receiver to
manage the affairs of the dissolved Association and its properties in place and instead of the Association and
to make such provisions as may be necessary for the continued management of the dissolved Association
and its properties. In the event of dissolution, the property consisting of the surface water management
system shall be conveyed to an appropriate agency of local government, and if such conveyance is not
accepted, then the surface water management system will be dedicated to a similar non-profit corporation.
IN WITNESS WHEREOF J this Declaration of Covenants and Restrictions for Cannery Row has been
signed by Developer on the day and year first above set forth.
Signed, Sealed and Delivered
in the presence of:
CANNERY ROW LLC
a Florida limited liability company
By: Ironwood Development, Inc.,
a Florida corporation, its Manager
By:
Cary Glickstein, President
STATE OF FLORIDA
SS.
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of
,20067, by Cary Glickstein, as President of CANNERY ROW LLC, a Florida limited liability company,
who is personally known to me and who did take an oath.
Print Name_
Notary Public, State of Florida
JOINDER AND CONSENT TO DECLARATION OF COVENANTS AND RESTRICTIONS
The undersigned, Cannery Row Homeowner's Association, Inc., hereby joins in, and consents to, the
Declaration of Covenants and Restrictions for Cannery Row, to which this Joinder and Consent is attached.
Signed and delivered
in the presence of:
CANNERY ROW HOMEOWNERS' ASSOCIATION,
INC., a Florida corporation not-for-profit
By:
Cary Glickstein, President
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _day of ,2OO3l,by
Cary Glickstein, as President of CANNERY ROW HOMEOWNERS' ASSOCIATION, INC., a Florida
corporation not-for-profit, who is personally known to me and who did take an oath.
Print Name:
Notary Public, State of Florida
EXHIBIT "A"
, , '
All of CANNERY ROW. according to the Plat thereof, as recorded in Plat Book
Page . of the Public Records of Palm Beach County, Florida
EXHIBIT "B"
ARTICLES OF INCORPORATION OF
CANNERY ROW HOMEOWNERS' ASSOCIATION, INC.
..
EXHIBIT "C"
BY-LAWS OF
CANNERY ROW HOMEOWNERS' ASSOCIATION
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER tit /1
AGENDA ITEM # , O~. E - REGULAR MEETING OF MARCH 20, 2007
ORDINANCE NO. 9-07
SUBJECT:
DATE:
MARCH 16, 2007
This ordinance is before Commission for second reading and quasiiudicial hearing for rezoning of a
0.78 acre parcel of land from GC (General Commercial) to AC (Automotive Commercial) for Delray
Cycle, located on the east side of Dixie Highway, approximately 1,250 feet south of Gulf Stream
Boulevard.
At the first reading on March 5, 2007, the Commission passed Ordinance No. 9-07.
Recommend approval of Ordinance No. 9-07 on second and final reading.
S:\City Clerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 9-07 Rezoning Delray Cycle 03.20.07.doc
01<
g:y
FROM:
DAVIDJ!)~~ANAGER
PAUL ~dRLlNfr ?U,E~~R OF PLANNING AND ZONING
ESTELlO BREYO, SENIOR P[INNER
MEETING OF MARCH 5, 2007
CONSIDERATION OF A PRIVATELY INITIATED REZONING FROM GC
(GENERAL COMMERCIAL) TO AC (AUTOMOTIVE COMMERCIAL) FOR
DELRAY CYCLE. A 0.78 ACRE PARCEL LOCATED AT 2455 NORTH OLD
DIXIE HIGHWAY APPROXIMATELY 1.250 FEET SOUTH OF GULF STREAM
BOULEVARD.
TO:
THRU:
SUBJECT:
On August 22, 1989, the subject property was annexed with a GC zoning designation as part of
the North Federal Highway annexations via Ordinance 43-89. On July 25, 2001 the Site Plan
Review and Appearance Board approved a Class V site plan, landscape and architectural
elevations for Delray Cycle (a retail shop selling motorcycle parts and accessories) on the 0.78
acre parcel fronting Dixie Highway. The facility was constructed and has been operating since.
At its meeting of February 26, 2007, the Planning and Zoning Board held a public hearing to
consider a rezoning request from GC (General Commercial) to AC (Automotive Commercial).
The rezoning is being sought to convert a portion of the existing building from retail sales
(motorcycle parts) to motorcycle sales and motorcycle repair. A separate Conditional Use
request is being processed to allow the repair aspects of this operation.
"
At its meeting of February 26, 2007, the Planning and Zoning Board held a public hearing in
conjunction with the AC rezoning request. No one from the public spoke either in support or
opposition to the request. After reviewing the staff report and discussing the proposal, the Board
voted 4-0 (Joe Pike stepped down) to recommend approval of the rezoning request to the City
Commission, by adopting the findings of fact and law contained in the staff report, and finding
that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in
Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations.
Approve on first reading Ordinance 9-07 for a rezoning from GC (General Commercial) to AC
(Automotive Commercial) for Delray Cycle, by adopting the findings of fact and law contained in
the staff report, and finding that the request and approval thereof is consistent with the
Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of
the Land Development Regulations, with second reading to occur on March 20, 2007.
Attachments: Proposed Ordinance & Planning and Zoning Board Staff Report of February 26, 2007
/Z.A
ORDINANCE NO. 9-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT TO
AC (AUTOMOTNE COMMERCIAL) DISTRICT; SAID LAND BEING
A PARCEL LOCATED ON THE EAST SIDE OF DIXIE HIGHWAY,
APPROXIMATELY 1,250 FEET SOUTH OF GULF STREAM
BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRA Y BEACH, FLORIDA,
MARCH 2006"; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTNE DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated March 2006, as being zoned GC (General Commercial)
District; and
WHEREAS, at its meeting of February 26, 2007, the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted
4 to 0 to recommend that the property hereinafter described be rezoned, based upon positive
findings; and
WHEREAS, pursuant to Florida Statutes l63.3l74(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the changes are consistent with and
further the objectives and policies ofthe Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of AC (Automotive Commercial) District
for the following described property:
Lot 1, P.B.T. Replat No 1, according to the Plat thereof on File in the Office of the Clerk of
the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 94, Page 71.
Section 3. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with
the provisions of Section 2 hereof.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 6. That this ordinance shall become effective immediately upon passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the _
day of , 200_.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
2
ORD NO. 9-07
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
February 26, 2007
IV.C.
Rezoning from GC (General Commercial) to AC (Automotive Commercial) for a
0.78 acre parcel of land located at 2455 N. Old Dixie Highway, approximately
1,250 feet south of Gulfstream Blvd.
Agent.............................. Miller Land Planning Consultants
Applicant......................... DCI, LLC
Location.......................... 2455 North Federal Highway
Property Size.................. 0.78 Acre
Future Land Use Map..... General Commercial
Current Zoning............... GC (General Commercial)
Adjacent Zoning....North: GC (General Commercial)
East: GC (General Commercial)
South: GC (General Commercial)
West: CF (Community Facilities)
Existing Land Use.......... Delray Cycle, sale of motorcycles
parts and accessories.
Proposed Land Use........ Delray Cycle, full service motorcycle
repair in conjunction with sale of
motorcycles and motorcycle parts
and accessories.
Water Service................. Available via connection to an
existing 8" water main on the east
side of Dixie Highway.
Sewer Service................ Available via connection to an
existing 8" sewer main on the east
side of Dixie Highway.
GENERAL DATA:
Ive.
The action before the Board is that of making a recommendation to the City Commission on a
privately-initiated rezoning from GC (General Commercial) to AC (Automotive Commercial), for
Delray Cycle pursuant to LOR Section 2.4.5(0).
The subject property is located at 2455 N. Old Dixie Highway, in Delray Beach, approximately
1,250 feet south of Gulfstream Boulevard.
Pursuant to Section 2.2.2(E) (6) of the Land Development Regulations, the Planning and Zoning
Board shall review and make a recommendation to the City Commission with respect to the
rezoning of any property within the City.
The subject property involves the west portion of Lots 6, 7 & 8, Delray Beach Estates
Subdivision, and contains .78 acres. The subject property is a portion of an overall 2.35 acre
property containing an existing commercial building with associated parking, which is currently
occupied by Badcock Furniture. The western portion of the site was subdivided into a separate
0.78 acre site for Delray Cycle, a retail motorcycle accessory store.
On August 22, 1989, the subject property was annexed with a GC zoning designation as part of
the North Federal Highway annexations via Ordinance 43-89. The western portion of the site
was subdivided into a separate 0.78 acre site for Delray Cycle. On July 25, 2001 The Site Plan
Review and Appearance Board approved the Class V site plan, landscape and architectural
elevations for Delray Cycle (a retail shop selling motorcycle parts and accessories).
A rezoning request has been submitted by Miller Land Planning Consultants for a rezoning of
the property from GC (General Commercial to (AC) Automotive Commercial to allow motorcycle
sales and motorcycle repairs as part of their operation. The repair aspect of the request is being
considered at a conditional use application on the same agenda.
This rezoning request, is now before the Planning and Zoning Board for action.
The proposal is to change the zoning designation of the property from GC (General
Commercial) to AC (Automotive Commercial). Pursuant to the LOR Section 4.4.10(B), within
the AC zone district, the sale, lease, or rental of motorcycles is a permitted use and repair
facilities are allowed as a conditional use. As vehicle repair and motorcycle sales are not
allowed uses under the GC zoning designation, a rezoning to AC is being requested.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development
applications, certain findings must be made in a form which is part of the official record.
This may be achieved through information on the application, the staff report, or
minutes. Findings shall be made by the body which has the authority to approve or deny
the development application. These findings relate to the Future Land Use Map,
P & Z Staff Report - Meeting Date: 02/26/07
Delray Cycle Rezoning - GC to AC
Page 2
Concurrency, Comprehensive Plan Consistency and Compliance with the land
Development Regulations.
FUTURE lAND USE MAP: The resulting use of land or structures must be allowed in the
zoning district within which the land is situated and said zoning must be consistent with
the applicable land use designation as shown on the Future land Use Map.
The subject property has a Future Land Use Map (FLUM) designation of GC (General
Commercial) and is currently zoned GC (General Commercial). The proposed AC zoning
designation (Automotive Commercial) is consistent with the GC Future Land Use Map
designation, and the AC zoning category allows automotive related uses. The proposal is to
operate a full service motorcycle sales and service facility. Pursuant to the LDR Section
4.4.10(B), within the AC zone district, the sale, lease, or rental of motorcycles is a permitted use
and repair facilities are allowed as a conditional use.
A conditional use application has been submitted and is being processed in conjunction with this
rezoning request. Based upon the above, positive findings can be made with respect to Future
Land Use Map Consistency.
Concurrency: Concurrency as defined pursuant to Objective B-2 of the Future land Use
Element of the Comprehensive Plan must be met and a determination made that the
public facility needs of the requested land use and/or development application will not
exceed the ability of the City to fund and provide, or to require the provision of, needed
capital improvements in order to maintain the levels of Service Standards established in
Table CI-GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach.
The development proposal is to convert a portion of the building from motorcycle accessory
sales to motorcycle sales and service. This conversion will not have a negative impact with
respect to concurrency as it relates to traffic, parks and recreation, solid waste, drainage or
schools.
o Water service is provided via a service lateral connection to the existing 8" main along
the east side of Dixie Highway.
o Sewer service is provided via a service lateral connection to the existing 8" main along
the east side of Dixie Highway.
o Adequate fire suppression is provided as a fire hydrant is located on the west side of the
property within the Dixie Highway 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 standards.
Traffic: Delray Cycle is an existing business, located at 2455 N. Old Dixie Highway, in Delray
Beach. The site is a 0.78-acre tract and the existing one story building has a gross floor area of
5,929 square feet. There will be no additions made to the building. Even though the building
fronts on Old Dixie Highway with two driveways, there is also legal access off Federal Highway
through the Badcock Furniture Store parking lot, which is directly east of the Delray Cycle
property.
P & Z Staff Report - Meeting Date: 02126/07
Delray Cycle Rezoning - GC to AC
Page 3
The owner has requested a re-zoning from General Commercial (GC) to Automotive
Commercial (AC) with a conditional use request to conduct motorcycle repair in conjunction with
motorcycle sales. The Delray Cycle presently just sells accessories for motorcycles. This use is
considered the same as Automobile Parts Sales, (ITE Code 843) as contained in the 7th
Edition, Trip Generation Manual by the Institute of Transportation Engineers. The new use will
result in a conversion of a portion of the motorcycle parts sales area into motorcycle sales and
repair. The trips generated by the proposed mix of uses is 255 ADT with an A.M peak hour of 13
trips and a P.M. peak hour of 26 trips. This results in a net decrease of 94 ADT and nine (9)
P.M. peak hour trips. There is no change in the A.M. peak hour trips
Parks and Recreation Facilities:
Park dedication requirements do not apply for non-residential uses.
Solid Waste:
The proposal calls for construction of a 5,929 sq. ft. retail building. Trash generated each year
by the existing 5,929 sq.ft. retail building is equivalent to 30.6 tons of solid waste per year [5,929
sq.ft. x 10.2 Ibs. = 60,476 Ibs.l2,OOO = 30.2 tons]. A properly screened dumpster is currently
located on the northeast side of the property. The Solid Waste Authority has indicated that its
facilities have sufficient capacity to handle all development proposals till the year 2021, thus a
positive finding with respect to this level of service standard can be made.
Consistency: A finding of overall consistency may be made even though the action will
be in conflict with some individual performance standards contained within Article 3.2,
provided that the approving body specifically finds that the beneficial aspects of the
proposed project (hence compliance with some standards) outweighs the negative
impacts of identified points of conflict.
Section 3.2.2 (Standards for Rezonina Actions): Standards A, B, C, and E are not
applicable. The applicable performance standards of Section 3.2.2 are as follows:
(D) That the rezoning shall result in allowing land uses which are deemed compatible
with adjacent and nearby land use both existing and proposed; or that if an
incompatibility may occur, that sufficient regulations exist to properly mitigate
adverse impacts from the new use.
The following zoning designations and uses border the property:
Zonin2 Desi2;nation: Use:
North: General Commercial (GC) Ellie's Diner Restaurant
South: General Commercial (GC) Retail Establishment and a Vacant Single
Family Structure
East: General Commercial (GC) Babcock Furniture
West: Community Facilities (CF) Atlantic High School
P & Z Staff Report - Meeting Date: 02/26/07
Delray Cycle Rezoning - GC to AC
Page 4
The Old Dixie Highway and North Federal Highway corridor contains a mix of uses
including retail, office, office-light industrial, and residential. The motorcycle parts sales
building is located along Dixie Highway with the building's entrance situated on the
south side of the building.
The full service motorcycle repair component will be compatible with the existing
commercial development on the north, south and east. The proposed commercial use is
consistent with the City's North Federal Highway Redevelopment Plan, which includes
the subject property. The building is located adjacent to Old Dixie Highway and Federal
Highway in accordance with the neo-traditional principals ascribed to this area. A similar
use (Autobahn Dealership) is located approximately 200 yards to the north of the subject
property without any known conflicts to neighborhood. Incorporating the full service
motorcycle repair component in conjunction with the sale of motorcycles and
accessories will further the goal of the redevelopment plan for this area and will have a
positive effect on the economic stability of the neighborhood. The proposed use will
provide further impetus for the redevelopment of the North Federal Highway corridor.
Section 2.4.5(0) (5) (Rezonina Findinas):
Pursuant to Section 2.4.5(O} (5) (Findings), in addition to provisions of Chapter 3, the City
Commission must make a finding that the rezoning fulfills one of the reasons for which
the rezoning change is being sought. These reasons include the following:
a. That the zoning had previously been changed, or was originally established, in
error;
b. That there has been a change in circumstances which make the current zoning
inappropriate;
c. That the requested zoning is of similar intensity as allowed under the Future Land
Use Map and that it is more appropriate for the property based upon
circumstances particular to the site andlor neighborhood.
The applicant has submitted a justification statement, which states the following:
"Reason C has been met because the requested zoning if of similar intensity as
allowed under the Future Land Use Map and is more appropriate for the property
based upon the circumstances particular to the site and the neighborhood. The
current site is currently a parts and accessory retail store for Motorcycles, A TV's,
Scooters, etc. The applicant is requesting a rezoning from General Commercial (GC)
to Automotive Commercial (AC) in an effort to expand the existing business to include
the sale and repair of motorcycles. Objective A-1 of the Future Land Use Element of
the Comprehensive Plan states that property shall be redeveloped in a manner so
that the use and intensity is appropriate and complimentary to adjacent land uses and
fulfills remaining land use needs. The adjacent land is occupied by Borton Volvo and
Volkswagon, which are full service automotive dealerships and subsequently are
within the (AC) zoning district. An AC zoning designation would be complimentary to
the surrounding auto dealers.
COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the
adopted Comprehensive Plan was conducted and the following applicable objectives and
policies are noted:
P & Z Staff Report - Meeting Date: 02126/07
Delray Cycle Rezoning - GC to AC
Page 5
Future land Use Element Obiective A-1: Property shall be developed or redeveloped in a
manner so that the future use and intensity is appropriate in terms of soil, topographic
and other applicable physical considerations; is complimentary to adjacent land uses;
and fulfills remaining land use needs.
The proposed AC zoning will be complementary with the current uses to the north, south, and
east of the property, which consist of commercial uses.
Future land Use Element 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 suits the community's future
development, the following shall apply:
1. Auto related uses other than gasoline stations, wash establishments, and auto parts
sales, shall not be permitted in the area encompassed by the CBD zone district.
2. Automobile dealerships shall not locate and/or expand in the following areas:
· Within the CBD zone district;
· West side of Southbound Federal Highway between George Bush Boulevard and
SE 10th Street;
· East side of Federal Highway, between George Bush Boulevard and the north
property line of the Delray Swap Shop/Flea Market Property;
· On properties fronting George Bush Boulevard, east of Federal Highway.
However, on the east side of Federal Highway, south of NE 6th Street, an existing
dealership may expand onto adjacent property which has an auto sales use and which is
zoned AC.
1. Rezoning to AC (Automotive Commercial) to accommodate auto dealerships shall not
be permitted west of 1-95.
2. 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 3rd Street to SE 10th
Street; and from NE 5th Street to George Bush Boulevard;
· On the north side of Linton Boulevard, between 1-95 and SW 10th Avenue, and
along Wallace Drive.
3. Auto related uses which involve the servicing and repair of vehicles, other than as
part of a full service dealership, shall be directed to industrial/commercial areas.
The subject property is located between Federal Highway and Old Dixie Highway, north of
George Bush Boulevard. As noted above, this is an area of the City where automobile
dealerships are encouraged to locate. The rezoning is to accommodate full service motorcycle
repair component in conjunction with the sale of motorcycles and accessories and the
accompanying conditional use is for the motorcycle repair portion of the request. Therefore, the
proposed use is consistent with this Policy.
P & Z Staff Report - Meeting Date: 02126/07
Delray Cycle Rezoning - GC to AC
Page 6
Future Land Use Element Policy C-1.4 - (in summary) ...the North Federal Highway
Corridor is identified as a blighted area. The North Federal Highway Redevelopment Plan
was approved by the City Commission on March 16, 1999. The Plan identified the need
for limited rezonings and LOR amendments, along with improvements necessary to
accomplish certain redevelopment goals. Future development in the area must be in
accordance with the provisions of the Redevelopment Plan.
As noted previously, the site was redeveloped for the sale of motorcycle accessories and will
now add the sale and service of motorcycles. The proposal will provide economic stimulation
and investment in the area and has resulted in the redevelopment of a blighted area. The
proposed use will assist in the stabilization of the surrounding neighborhood and should be an
inducement to further redevelopment of the Federal Highway corridor. Thus, the proposal is
consistent with the objectives of the North Federal Highway Redevelopment Plan.
Community Redevelopment Aaency (CRA):
At its meeting of February 8, 2007, the Community Redevelopment Agency (CRA)
recommended approval of the rezoning request.
Courtesy Notices:
Courtesy notices have been sent to the following homeowner's and/or civic associations:
· Carolyn Zimmerman, President's Council
· Gerry Franciosa, Progressive Residents of Delray (P.R.O.D.)
· Scott Christensen, Sea crest HOA
· Todd Harvey, Kokomo Key
· McCall Credle's Rosenthal, La Hacienda
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Letters of support or objection, if any, will be presented at the Planning and Zoning
Board meeting.
The proposed rezoning from GC to AC is consistent with the goals, objectives and/or policies of
the City's Comprehensive Plan, and LOR Sections 2.4.5(0) (5), 3.1.1 (Required Findings), and
3.2.2 (Standards for Rezoning). Positive findings can be made with respect to Concurrency and
Compatibility with the surrounding land uses.
With regard to LOR Sections 2.4.5(0) (5) and 3.2.2 (C) and (D), the proposed rezoning of the
subject property to AC is appropriate. The subject property is located within an area containing
mixed-use of commercial, residential, and automotive uses. Both the current zoning of GC and
the proposed rezoning of AC are appropriate zoning designation for the property based on the
FLUM designation of GC. Based upon the above, a recommendation of approval can be made
to the City Commission.
P & Z Staff Report - Meeting Date: 02126/07
Delray Cycle Rezoning - GC to AC
Page 7
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the privately initiated
rezoning from GC to AC for Delray Cycle, by adopting the findings of fact and law contained
in the staff report, and finding that the request is consistent with the Comprehensive Plan
and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land
Development Regulations.
C. Move a recommendation of denial to the City Commission for the privately initiated
rezoning from GC to AC for Delray Cycle, by adopting the findings of fact and law contained
in the staff report, and finding that the request is inconsistent with the Comprehensive Plan
and does not meet the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land
Development Regulations.
D. Board's Discretion.
Move a recommendation of approval to the City Commission for the privately initiated rezoning
from GC to AC for Delray Cycle, by adopting the findings of fact and law contained in the staff
report, and finding that the request is consistent with the Comprehensive Plan and meets the
criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations.
Attachments: Survey and floor plan
Report prepared by: Michael Vinci, Assistant Planner
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PROPOSED REZONING
DELRAY CYCLE
aTY OF DELRAY BEACH, fL
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FROM: GC (GENERAL COMMERCIAL)
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FROM:
DAV~~D~ANAGER
PAUL '!5~G~~ECTOR OF PLANNING & ZONING
ESTELlO ~R~~OR PLANNER
MEETING OF MARCH 20, 2007
CONSIDERATION OF A CONDITIONAL USE REQUEST TO ESTABLISH A FULL
,SERVICE VEHICLE REPAIR FACILITY IN CONJUNCTION WITH THE SALE OF
MOTORCYCLES AND MOTORCYCLE ACCESSORIES WITHIN THE AC
(AUTOMOTIVE COMMERCIAL) DISTRICT ON A 0.78 ACRE SITE LOCATED AT 2455
N. OLD DIXIE HIGHWAY WHICH IS APPROXIMATELY 1.250' SOUTH OF
GULFSTREAM BOULEVARD.
TO:
THRU:
SUBJECT:
On August 22, 1989, the subject property was annexed with a GC zoning designation as part of the
North Federal Highway annexations via Ordinance 43-89. On July 25, 2001 the Site Plan Review and
Appearance Board approved a Class V site plan, landscape and architectural elevations for Delray Cycle
(a retail shop selling motorcycle parts and accessories) on a 0.78 acre parcel fronting Dixie Highway.
The facility was constructed and has been operating since. At its meeting of February 26, 2007, the
Planning and Zoning Board recommended approval of a rezoning request from GC (General
Commercial) to AC (Automotive Commercial). The rezoning was sought to convert a portion of the
existing building from retail sales (motorcycle parts) to motorcycle sales. At its meeting of March 5,
2007, the City Commission approved, on first reading, the rezoning request from GC (General
Commercial) to AC (Automotive Commercial) for the subject property. Second and final reading of the
rezoning ordinance is accompanying the Conditional Use request on this agenda. Additional background
and an analysis of the Conditional Use request are found in the attached Planning and Zoning Board
staff report.
At its meeting of February 26, 2007, the Planning and Zoning Board held a public hearing in conjunction
with the Conditional Use request. No one from the public spoke either in support or opposition to the
request. After reviewing the staff report and discussing the proposal, the Board voted 4-0 (Chuck Halberg
and Paul Zacks absent, and Joe Pike stepped down) to recommend approval of the Conditional Use
request to the City Commission, 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 2.4.5(E)(5), and Chapter 3 of the Land Development Regulations.
Approve the Conditional Use to establish a Full Service Motorcycle-repair facility in conjunction with the
sale of Motorcycles and Accessories for Delray Cycle, subject to conditions outlined in the Planning and
Zoning Board staff report, by adopting the findings of fact and law contained in the staff report, and
finding that the request and approval thereof is consistent with the Comprehensive Plan and meets
criteria set forth in Section 2.4.5(E) (5), and Chapter 3 of the Land Development Regulations.
Attachments: Planning & Zoning Staff Report for February 26, 2007 Meeting
10. (. ,
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
February 26,2007
IV.D.
Conditional Use request to establish a full service motorcycle-repair facility in
conjunction with the sale of motorcycles and motorcycle parts and accessories for
Delray Cycle. The property is located at 2455 N. Old Dixie Highway, and is
approximately 1,250 feet south of Gulfstream Blvd.
Agent.............................. Miller Land Planning Consultants
Applicant......................... DCI, LLC
Location.......................... 2455 North Federal Highway
Property Size.................. 0.78 Acre
Future Land Use Map..... General Commercial
Current Zoning............... GC (General Commercial)
Adjacent Zoning....North: GC (General Commercial)
East: GC (General Commercial)
South: GC (General Commercial)
West: CF (Community Facilities)
Existing Land Use.......... Delray Cycle, sale of motorcycles
parts and accessories.
Proposed Land Use........ Delray Cycle, full service motorcycle
repair in conjunction with sale of
motorcycles and motorcycle parts
and accessories.
Water Service................. Available via connection to an
existing 8" water main on the east
side of Dixie Highway.
Sewer Service................ Available via connection to an
existing 8" sewer main on the east
side of Dixie Highway.
GENERAL DATA:
IV.D.
The action before the Board is making a recommendation to the City Commission on a request for a
Conditional Use, to establish a Full Service Vehicle-repair facility in conjunction with the sale of
Motorcycle and motorcycle accessories, pursuant to LOR Section 4.4.10 (D).
The property is located at 2455 N. Old Dixie Highway, in Delray Beach, and is approximately 1,250
feet south of Gulfstream Blvd.
On August 22, 1989, the subject property was annexed with a GC zoning designation as part of the
North Federal Highway annexations via Ordinance 43-89. The subject property involves the west
portion of Lots 6, 7 & 8, Delray Beach Estates Subdivision. The subject property is a portion of an
overall 2.35 acre property containing an existing commercial building with associated parking, which
is currently occupied by Badcock Furniture. The western portion of the site was subdivided into a
separate 0.78 acre site for Delray Cycle, a retail motorcycle accessory store approved by the Site
Plan Review and Appearance Board on July 25, 2007.
In November 2006, a Rezoning request was submitted by Miller Land Planning Consultants. The
applicant, Delray Cycle, is seeking a rezoning of the property from GC (General Commercial to (AC)
Automotive Commercial to allow motorcycle sales and motorcycle repairs as part of their operation.
Based on Land Development Regulations (LDR) Section 4.4.10 (B), the sale, lease, or rental of
motorcycles is a permitted use, however, the repair aspects of the request is a Conditional Use. This
rezoning request will be considered concurrently by the Planning and Zoning Board meeting of
February 26,2007.
This conditional use application is now before the Board for consideration.
The request is to establish a Full Service Vehicle Repair facility in conjunction with The Sale of
Motorcycles and accessories. The use of Full Service Vehicle Repair requires a Conditional use
approval [Ref. LOR Section 4.4.1 O(C) (7)] within the Automotive Commercial (AC) district.
The sale of motorcycles and related motorcycle repair facility will have three (3) employees and will
operate Monday through Friday 9:00 - 6:00 and Sat. 9:00 - 3:00. The facility will contain a showroom
of 1,200 sq. ft., repair area of 2,729 sq. ft., and storage area of 2,000 sq. ft. with total square footage
of 5,929 sq. ft.. No exterior alterations of the building are being proposed.
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.
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).
Planning and Zoning Board Sta aport: Meeting Date 02/26/07
Delray Cycle - Conditional Use
Page 2
The subject property has a GC (General Commercial) Future Land Use Map (FLUM) designation
and is zoned GC (General Commercial). The proposed AC zoning designation is consistent with the
GC land use designation. The proposal is to operate a full service motorcycle repair shop in
conjunction with the sale of motorcycles and accessories. Pursuant to the LDR Section 4.4.10(B),
within the AC zone district, the sale, lease, or rental of motorcycles is a permitted use and the full
service vehicle repair facilities is a conditional use. 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.
Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the
Comprehensive Plan must be met and a determination made that the public facility needs of the
requested land use and/or development application will not exceed the ability of the City to fund and
provide, or to require the provision of, needed capital improvements in order to maintain the Levels
of Service Standards established in Table CI-GOP-1 of the adopted Comprehensive Plan of the. City
of Delray Beach.
The development proposal is to operate a full service motorcycle repair shop in conjunction with the
sale of motorcycles and accessories. The conversion of a portion of the property from the sale of
motorcycle accessories to motorcycle service repair 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: With respect to water and sewer service, the fOllowing is noted:
o Water service is provided via a service lateral connection to the existing 8" main along the
east side of Dixie Highway.
o Sewer service is provided via a service lateral connection to the existing 8" main along the
east side of Dixie Highway.
o Adequate fire suppression is provided as a fire hydrant is located on the west side of the
property within the Dixie Highway 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
standards.
Traffic: Delray Cycle is an existing business, located at 2455 N. Old Dixie Highway, in Delray
Beach. The site is a 0.78-acre tract and the existing one story building has a gross floor area of
5,929 square feet. There will be no additions made to the building. Even though the building fronts
on Old Dixie Highway with two driveways, there is also legal access from Federal Highway through
the Badcock Furniture Store parking lot, directly east of the Delray Cycle property.
The owner has requested a re-zoning from General Commercial (GC) to Automotive Commercial
(AC) with a conditional use request to conduct motorcycle repair in conjunction with motorcycle
sales. The Delray Cycle presently just sells accessories for motorcycles. This use is considered the
same as Automobile Parts Sales, (ITE Code 843) as contained in the 7th Edition, Trip Generation
Manual by the Institute of Transportation Engineers. The new use will result in a conversion of a
portion of the motorcycle parts sales area into motorcycle sales and repair. The trips generated by
the proposed mix of uses is 255 ADT with an A.M peak hour of 13 trips and a P.M. peak hour of 26
trips. This results in a net decrease of 94 ADT and nine (9) P.M. peak hour trips. There is no
change in the A.M. peak hour trips.
Planning and Zoning Board Sta aport: Meeting Date 02/26/07
Delray Cycle - Conditional Use
Page 3
Parks and Recreation Facilities:
Park dedication requirements do not apply for non-residential uses.
Solid Waste:
Trash generated each year by the existing 5,929 sq.ft. retail building is equivalent to 30.6 tons of
solid waste per year [5,929 sq.ft. x 10.2 Ibs. = 60,476 Ibs.l2,OOO = 30.2 tons]. 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.
DrainaQe:
This is an existing retail establishment that has been in operation for over four years. Drainage has
been accommodated by an exfiltration system and there appears to be no problems regarding
compliance with SFWMD requirements. Based upon the above positive findings can be made with
respect to this level of service standard.
CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required
findings in 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.
Future Land Use Element 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 at 2455 N .Old Dixie Highway, in Delray Beach, approximately 1,250
feet south of Gulfstream Boulevard, which is within one of the above identified areas. The requested
use will not represent an increase in the intensity of the previous use of motorcycle parts and
accessory sales.
Future Land Use Element Policy C-1.4 states that North Federal Highway is identified as a
blighted area. The City Commission at its meeting of March 16, 1999 adopted the North Federal
Highway Redevelopment Plan. The goals are to provide economic stimulation and investment in the
area and the creation of jobs. Delray Cycle is an established business in operation for over four
years that invested into the corridor by constructing a new facility. The site was designed to provide
Planning and Zoning Board Sta. ~port: Meeting Date 02/26/07
Delray Cycle - Conditional Use
Page 4
a new retail component along Dixie Highway, where a large vacant portion of property existed. The
Badcock Furniture site to the east also provides for a retail component along Federal Highway. The
incorporation of the motorcycle sales and repair use is not inconsistent with the objectives of the
Federal Highway Redevelopment Plan, nor with the redevelopment efforts of the area geared to the
creation of new jobs and economic revitalization. Based on the above, Delray Cycle complies with
the North Federal Highway Redevelopment Plan.
SECTION 2.4.5(El 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 uses abut the subject property:
Zonina Desianation: Use:
North: General Commercial (GCl Ellie's Diner Restaurant
South: General Commercial (GC) Vacant Single Family Unit
East: General Commercial (GC) Babcock Furniture
West: Community Facilities (CF) Atlantic High School
The proposed motorcycle sales and full service motorcycle repair facility will be compatible with the
adjacent retail establishment and auto related commercial uses in the vicinity. The applicant has
indicated that Delray Cycle will operate Monday through Friday, 9:00 a.m. to 6:00 p.m. and Sat. 9:00
- 3:00. Pursuant to LDR Section 4.4.10(G)(4)(a), repair facilities and paint and body shops shall be
located at least 100 feet from any residentially zoned lot. The existing sale of motorcycles,
accessories and full service repair building complies with the location requirement, as it is located
approximately 300' from the closest residentially zoned property on the west side of the FEC
Railroad right-of-way.
Pursuant to LDR Section 4.4.10(G)(5)(e), dealers are prohibited from using residential streets for the
testing of vehicles after servicing and for the demonstration of vehicles. The property is located
between Federal Highway and Old Dixie Highway, which are used primarily for commercial traffic. A
condition of approval is attached that restricts the motorcycle dealer from using residential streets for
the testing of motorcycles after servicing and for the demonstration of motorcycles before sale.
Therefore, subject to the condition of approval, 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 4.3.4(Kl Development Standards Matrix:
The following table indicates that the proposal complies with LDR Section 4.3.4(K) and Section
4.4.10 as it pertains to the AC zone district.
Planning and Zoning Board Staeport: Meeting Date 02/26/07
Delray Cycle - Conditional Use
Page 5
Reauired Provided
Buildina Heiaht (max.) 48' 25'
Buildina Setbacks (min.) - Front 15' 30'
Side (Interior) 10' 78' & 95'
Side (Street) 15' N/A
Rear 10' 25'
Ooen Soace 25% 37%
LDR Chapter 4.6 Supplementary District Regulations:
Parking:
Pursuant to LOR Section 4.6.9(C)(3)(a), the proposed 5.929 square foot motorcycle parts sales and
full service repair building requires 27 parking spaces [5,929/1,000 x 4.5 = 26.7], and 27 spaces
have been provided (25 standard spaces and 2 handicap accessible spaces).
Pursuant to LOR Section 4.6.9(C)(3)(f), vehicle sales and rental, including auto sales, auto rental
agencies, recreational vehicle sales and rental, and truck sales and rental, shall provide 4 spaces
per 1,000 sq.ft. of total building(s) area, except indoor display areas. Required parking spaces shall
be designated for employee, customer, and/or service use at the standard of, at least, 1.5 spaces
per service bay and 2 spaces per 1,000 sq.ft. of floor area (less indoor display area). Any remaining
spaces may be used for display purposes. This particular LDR requirement is not applicable since
Delray Cycle deals with motorcycle parts and accessories sales in conjunction with full service
motorcycle repair as opposed to auto sales. It is noted that the 4.5 parking spaces per 1,000 sq. ft.
of retail area being applied to the subject property is a more stringent requirement than the 4 parking
spaces per 1,000 sq, ft. required by LOR Section 4.6.9(C)(3)(f). Therefore, no issues are anticipated
with respect to parking.
Automotive Commercial Supplemental District Regulations rLDR Section 4.4.10CGll:
Outside Display Areas:
The conceptual site plan indicates that there will be no outdoor display areas and no parking spaces
have been designated as an out-side display area. Therefore, a condition of approval is attached
that no out-side display area for motor-cycles is allowed in the property.
Locational Restriction:
Pursuant to LOR Section 4.4.10(G)(4)(a), repair facilities and paint and body shops shall be located
at least 100 feet from any residentially zoned lot. Service bay doors shall not be oriented toward any
adjacent residentially-zoned property, except where currently existing, nor oriented toward any
adjacent public street unless it can be demonstrated to the Site Plan Review and Appearance Board
that it is not feasible to comply. The existing sale of Motorcycles, accessories and full service repair
building complies with the location requirement, as it is located approximately 300' from the closest
residentially zoned property on the west side of the FEC Railroad right-of-way. A service bay door is
located on the east side of the service building and oriented toward the interior of the site. The
service building is located approximately 70' from the ultimate right-of-way line of Old Dixie Highway
Use and Operating Restrictions:
The AC zone district contains several requirements pertaining to the general operation of automotive
related uses. Automotive related uses must comply with "Use and Operating Restrictions" of the AC
Planning and Zoning Board Sta .eport: Meeting Date 02/26/07
Delray Cycle - Conditional Use
Page 6
zone district [LDR Section 4.4.10(G)(5)(a) through (e)]. Items (a), (b), (d), and (e) as they pertain to
the conditional use request are discussed below:
(a) Except for automobiles, trucks, pickup trucks, vans, jeeps, motorcycle and recreation vehicles,
no other outdoor sales or display of any materials, products, or goods shall be permitted. No
industrial equipment shall be sold, leased, rented, or otherwise stored within the AC District.
However, wherever reasonably possible as determined by the City, trucks other than pickup
trucks, vans, and jeeps shall be displayed in areas which are separated from a street by an
outdoor display area for other permitted vehicles, customer or employee parking areas, or
buildings.
Analysis:
The applicant has indicated that there will be no outdoor sales or display of motorcycle or any
material, product or goods. A condition of approval is attached to that effect.
(b) No vehicle shall be parked with its hood or trunk open, nor elevated off the ground in any way.
Vehicles shall not be parked in any right-of-way or driveway.
Analysis:
A condition of approval is attached that prohibits outside display of motorcycles. The condition
will also prohibit the parking of motorcycles or vehicles within any right-of-way or driveway.
(d) Except for existing areas designated for off-loading, any areas designated for the off-loading of
vehicles or for loading and deliveries shall be located to the rear of buildings and shall be
located so as to contain noise on-site. These areas shall not be located closer than 100 feet
from any residentially- zoned lot, and shall be appropriately designated, marked, and signed.
Analysis:
The floor plan submitted is consistent with this requirement as the service entrance is located
on the east side of the building and is approximately 300' from the residentially zoned property
on the west side of the FEC Railroad right-of-way.
(e) Dealers are prohibited from using residential streets for the testing of vehicles after servicing
and for the demonstration of vehicles.
Analysis:
The property is located between Federal Highway and Old Dixie Highway, which are used
primarily for commercial traffic. A condition of approval is attached that restricts the motorcycle
dealer from using residential streets for the testing of motorcycles after servicing and for the
demonstration of motorcycle before sale.
Lighting:
Pursuant to LDR Section 4.6.8 (Lighting), lighting is existing on site for the retail establishment, is in
compliance with the LDRs and was approved during the site plan review process by the SPRAB
Board at its meeting of June 20,2001.
Landscape Reauirements:
A visit to the site revealed that the landscape material requested during the site plan approval
process is in place and well maintained.
Planning and Zoning Board Sta. aport: Meeting Date 02/26/07
Delray Cycle - Conditional Use
Page 7
11-- I
Community Redevelopment Agencv (CRA):
At its meeting of February 8, 2007, the Community Redevelopment Agency (CRA) recommended
approval of the conditional use request.
Courtesy Notices:
Courtesy notices have been sent to the following homeowner's and/or civic associations:
D Carolyn Zimmennan, President's Council
D Gerry Franciosa, Progressive Residents of Delray (P.R.O.D.)
D Scott Christensen, Seacrest HOA
D Todd Harvey, Kokomo Key
D McCall Credle's Rosenthal, La Hacienda
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Letters of objection or support, if any, will be presented at the Planning and Zoning Board
meeting.
The proposal includes the request for a Conditional Use to establish a Full Service Motorcycle-repair
facility in conjunction with the Sale of Motorcycles and Accessories, pursuant to LDR Section 4.4.10
(D). The site is located at 2455 N. Old Dixie Highway. The business was previously the sale of
motorcycle parts and accessories without a Sales and Repair component. The applicant has also
submitted a request for Rezoning from General Commercial (GC) to Automotive Commercial (AC) in
an effort to expand the existing business to a Full Service Motorcycle Sales and Repair Facility. No
exterior alterations of the building are being proposed. Provided the conditions of approval are
addressed or adhered to the proposed use is consistent with the policies of the Comprehensive Plan
and Chapter 3 of the Land Development Regulations. Positive findings can 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.
I I
A. Continue with direction.
B. Move a recommendation of approval of the request for a Conditional Use to establish a Full
Service Motorcycle-repair facility in conjunction with the Sale of Motorcycles and Accessories
for Delray Cycle, 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.
C. Move a recommendation of denial of the request for a Conditional Use to establish a Full
Service Motorcycle-repair facility in conjunction with the Sale of Motorcycles and Accessories
for Delray Cycle, 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), and Chapter 3 of the Land Development
Regulations.
Planning and Zoning Board St& .eport: Meeting Date 02/26/07
Delray Cycle - Conditional Use
Page 8
Move a recommendation of approval of the request for a Conditional Use to establish a Full Service
Motorcycle-repair facility in conjunction with the Sale of Motorcycles and Accessories Delray Cycle,
by adopting the findings of fact and law contained in the staff report, and finding that the request and
approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section
2.4.5(E) (5), and Chapter 3 of the Land Development Regulations.
With said approvals to be subject to the following conditions:
1. That the full service motorcycle-repair facility in conjunction with the sale of motorcycles shall
operate Monday through Friday, 9:00 a.m. to 6:00 p.m. and Sat. 9:00 - 3:00 p.m.;
2. That there will be no outdoor sales or display of motorcycle or any materials, products, and
industrial equipment sales/lease/rental/storage at the subject property driveways or adjacent
rights of way; and
3. There shall be no testing of new motorcycles or those in for repair on adjacent residential
streets;
Attachments:
. Location Map
. Survey
. Building Floor Plan
Report Prepared By: Michael Vinci. Assistant Planner
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR DELRAY CYCLE
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 20, 2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for Delray
Cycle. All of the evidence is a part of the record in this case. Required findings are
made in accordance with Subsections I and II.
I. COMPREHENSIVE PLAN
a. Comprehensive Plan. Future Land Use and Map: Is the future use and
intensity of the development consistent with the future land use map and
comprehensive plan and is it appropriate in terms of soil, topographic, and other
applicable physical considerations, complementary to adjacent land uses, and fulfills
remaining land use needs?
Yes No
b. Concurrency: Concurrency as defined pursuant to Objective B-2 of
the Land Use Element of the Comprehensive Plan must be met and a determination
made that the public facility needs of the requested land use and/or development
application will not exceed the ability of the City to fund and provide, or to require the
provision of, needed capital improvements for the following areas:
Are the concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes
No
II. LOR REQUIREMENTS:
a. LOR Section 2.4.5(E) 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. Hinder development or redevelopment of nearby
properties.
Will Section 2.4.5(E)(5) be met?
Yes No
3. The comments and notes set forth in the staff report are hereby
incorporated herein.
4. The City Commission has applied the Comprehensive Plan and LOR
requirements in existence at the time the conditional use request was submitted.
5. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
6. Based on the entire record before it, the City Commission approves _
denies _ the conditional use request subject to conditions set forth in the Staff
Report and hereby adopts this Order this 20th day of March, 2007, by a vote of in
favor and
opposed.
Jeff Perlman, Mayor
ATTEST:
Chevelle Nubin
City Clerk
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MEMORANDUM
FROM:
MAYOR AND CIlY COMMISSIONERS
CIlY MANAGER{1vl
AGENDA ITEM # 1 0 . F - REGULAR MEETING OF MARCH 20. 2007
ORDINANCE NO. 10-07
TO:
SUBJECT:
DATE:
MARCH 16, 2007
This ordinance is before Commission for second reading for a privately initiated amendment to the
Land Development Regulations (LDR), Section 4.4.19, "Mixed Industrial and Commercial District",
Section 4.5.15, "The 1-95jCSX Railroad Corridor Overlay District"; and Article 4.7, "Family
Workforce Housing", to provide regulations associated with the creation of a new Workforce
Housing Overlay District.
At the first reading on March 5, 2007, the Commission passed Ordinance No. 10-07.
Recommend approval of Ordinance No. 10-07 on second and final reading.
S:\City Clerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 10-07 Amend LOR Workforce Housing 03.20.07.doc
3J
FROM:
D~~
~~L ~~f}JjING, AI DIRECTOR OF PLANNING & ZONING
~~A D ., ICP, PRINCIPAL PLANNER
MEETING OF MARCH 5, 2007
CONSIDERATION OF PRIVATELY INITIATED AMENDMENTS TO THE LAND
DEVELOPMENT REGULATIONS (LDRS) SECTION 4.4.19, "MIXED
INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT;" SECTION 4.5.15, "THE
1-95/CSX RAILROAD CORRIDOR OVERLAY DISTRICT;" AND ARTICLE 4.7,
"FAMILY WORKFORCE HOUSING," TO PROVIDE REGULATIONS
ASSOCIATED WITH THE CREATION OF A NEW WORKFORCE HOUSING
OVERLAY DISTRICT.
TO:
THRU
SUBJECT:
The item before the City Commission is approval of privately initiated amendments to the Land
Development Regulations to provide regulations associated with the creation of a new
Workforce Housing Overlay District.
The Family/Workforce Housing Program includes provisions for developers to receive density
bonuses when workforce housing units are provided in development projects within the
Southwest Neighborhood Overlay District, Carver Estates Overlay District and Infill Workforce
Housing Area.
The privately-initiated text amendments seek to add an additional Workforce Housing Overlay
District within the MIC zoning district on Depot Road, between 1-95 and the CSX Railroad.
Residential development will be permitted through the conditional use process within the overlay
area, to a maximum of 24 units per acre, with a requirement that 25% of the units be workforce
housing, subject to the requirements of Article 4.7, "Family/Workforce Housing." Substantial
compliance with the performance standards of 4.4.6(1) will also be required to exceed 6 units
per acre within the overlay district. The development standards for residential development
within the overlay district will be the same as within the Southwest Neighborhood and Carver
Estates Overlay Districts and in the Infill Workforce Housing Area. These development
standards were developed to accommodate the higher densities permitted within workforce
housing overlay districts. The proposed changes are supported by Comprehensive Plan
Amendment 07-1, which was adopted by the City Commission on February 6,2007.
As participation in the Workforce Housing Program continues, it is necessary to modify the
regulations from time to time to increase efficiency and to ensure that the intended results are
achieved. The proposed LDR text amendments will enhance the City's Workforce Housing
Program by adding an additional Overlay District. With a minimum of 25% workforce housing
units required within the 1-95/CSX Railroad Corridor Overlay District, there is a potential for an
additional 78 workforce units to be constructed within the City. By expanding the program, the
proposed text amendments are consistent with and will further the Goals, Objectives, and
Policies of the Comprehensive Plan which requires the City to ensure that there continues to be
an adequate supply of housing to accommodate very low, low, and moderate income
households.
/2.8
City Commission Meeting of March 5, 2007
Amendment to LDRs Pertaining to Workforce Housing Program - 1-95/C8X Overlay District
Page 2
The text amendment was considered by the Planning and Zoning Board on February 26, 2007.
No one from the public spoke on the issue. The Board discussed the amendment and
recommended approval on a 4 to 0 vote (Krall stepped down, Halberg and Zacks absent), by
adopting the findings of fact and law contained in the staff report and finding that the
amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section
2.4.5(M) of the land Development Regulations.
By motion, approve on first reading Ordinance No. 10-07, amending lDR Section 4.4.19, "Mixed
Industrial and Commercial (MIC) District;" Section 4.5.15, "The 1-95/CSX Railroad Corridor
Overlay District;" and Article 4.7, "Family Workforce Housing," to provide regulations associated
with the creation of a new Workforce Housing Overlay District, by adopting the findings of fact
and law contained in the staff report and finding that the request is consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the land Development
Regulations, with second reading to occur on March 20, 2007.
Attachments:
· Location Map
. Ordinance No. 10-07
. Planning & Zoning Staff Report of February 26, 2007
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1-95/CSX RR CORRIDOR OVERLAY
DISTRICT FOR WORKFORCE HOUSING
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PLANNINC ole ZONINC DEPARTMENT
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MAP REF: UA950C
ORDINANCE NO. 10-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY
AMENDING SECTION 4.4.19, "MIXED INDUSTRIAL AND
COMMERCIAL (MIC) DISTRICT"; ENACTING SECTION 4.5.15, "1-
95/CSX RAILROAD CORRIDOR OVERLAY DISTRICT";
AMENDING SECTIONS 4.7, "FINDINGS", SECTION 4.7.1,
"DEFINITIONS", SECTION 4.7.2, "APPLICABILITY", SECTION
4.7.5, "DENSITY BONUS PROGRAM FOR THE SOUTHWEST 10TH
STREET OVERLAY DISTRICT", TO PROVIDE FOR THE
CREATION OF A NEW WORKFORCE HOUSING OVERLAY
DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTNE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on February 26, 2007, and voted 4 to 0
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.317 4(4 )( c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and
furthers the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.4.19, "Mixed Industrial and Commercial (MIC) District," 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:
(A) Purpose and Intent: The Mixed Industrial and Commercial (MIC) District is created in order
to provide for a mix of industrial, commercial, and office use in a single zone district. The uses allowed
are intended to enhance employment opportunities in the industrial, manufacturing and trade sectors, with
supporting business and professional office functions. Retail uses are appropriate on a limited basis, and
only as a secondary use within the district. Residential uses may also be permitted as a conditional use,
provided at least 25% of the units are workforce housing units which comply with the provisions of
Article 4.7, "Family/Workforce Housing." The maximum density is twenty-four (24) units per acre. The
actual density will be based upon the development's ability to achieve the performance standards of
Section 4.4.6(1). The MIC District is to be located in areas designated for the primary use - industry and
commerce - as shown on the Future Land Use Map.
(B) Principal Uses and Structures Permitted: The following types of use are allowed within the
MIC District as a permitted use:
(1) Industrial Uses. The manufacturing, fabrication and wholesale of items and other uses as
described in Section 4.4.20 (B) (1), (2) and (3).
(2) Service Industry. Uses which provide an off-site service but maintain inventory, storage
and an office at a central location, as described in Section 4.4.20 (B) (5).
(3) Business and Professional Offices, including, but not limited to finance, insurance, real
estate, accounting and bookkeeping services, advertising services, photographic studios, architectural and
engineering services, computer and data processing services, correspondence and vocational schools,
credit reporting and collection, detective and protective services, legal services, travel agencies, and
general offices for an individual, partnership or corporation.
(4) Retail Trade. Retail uses as a secondary use within anyone building that has as its
primary occupant an industrial or service industry use, but only to the extent that the floor area for all
retail use (either accessory to an industrial use or not) shall not exceed 25% of the floor area of the total
building. Although an intent of this Zoning District is to allow retailing of items manufactured,
fabricated, or wholesaled on-site, additional retail uses may be allowed. Such additional uses may
include, but are not limited to:
(a) Apparel and accessory stores;
(b) Bakeries;
(c) Building materials and garden supplies, except mobile home dealers;
(d) Camera and photographic equipment and supplies;
( e) Hobbies, games, and toys;
(f) Jewelry, gifts, novelties;
(g) Luggage and leather goods;
(h) Mail order houses;
2
ORD. NO. 10-07
(i) Radio and television sets;
G) Seasonal holiday items (Christmas trees, fruit baskets, other seasonal items);
(k) Sporting goods, including bicycles.
(5) Interior Design and Furnishings: The wholesale, retail, storage and distribution of home
furnishings, floor coverings, wall coverings, lighting, and other items related to the finishing and
furnishing of interior space.
(6) Other Processes and Activities: The following activities may also be conducted:
(a) Dry cleaning and laundering;
(b) Emissions testing.
(7) Adult Entertainment Establishments (subject to Section 4.3.3(AA)).
(C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or
accessory to, the principal use:
(1) Parking lots
(2) Refuse and service areas
(3) Provisions or services and repair of items incidental to principal uses.
(4) Storage of inventory, equipment, or materials, within a structure or in an approved outside
locations.
(5) The conducting of auctions incidental to a principal use, and subject to the provision of
parking at the rate required for general commercial uses.
(D) Conditional Uses and Structures Allowed:
(1) The following uses are allowed as conditional uses within the MIC Zone District:
(a) Kennels, no on-site disposal of carcasses;
(b) Material and component recovery for reuse, such as the disassembly and resale of
computer components, appliances, and electrical components. This does not include
resource recovery facilities as described and regulated by Section 4.3.3 (Z);
(c) Automobile paint, body, and repair shops;
(d) Boat repair and service;
(e) Self-Service Storage Facilities (SSSF), pursuant to the provisions set forth in 4.3.3
(A).
3
ORD. NO. 10-07
(f) Multiple family residential development up to a maximum of twenty-four (24) units
per acre within the 1-95/CSX Railroad Corridor Overlay District. as defined in Section
4.5.15. subiect to the provisions of Article 4.7.
(2) The following additional uses are also allowed as conditional uses in the MIC zoning
district. However, any outside storage associated with such uses may not be located within one hundred
and fifty feet (150') of any property line adjacent to an arterial roadway (excluding Interstate 95);
(a) Lumberyards;
(b) Garages and lots for the parking and storage of vehicles, including the storage of light
trucks, up to and including two-ton trucks;
(c) Storage and rental of light construction equipment not over twenty-four feet (24') long,
eight feet (8') wide, and ten feet (10') high;
(d) Monument and ornamental stone cutting;
(e) Rental and sales of modular buildings;
(f) Towing services, with outside storage.
(g) Storage and rental of construction equipment not over one hundred feet (100') long,
fourteen feet (14') wide, and fifteen feet (15') high provided that each ofthe following
requirements are met:
i. Any outside storage associated with such use may not be located within two hundred
fifty feet (250') of any property line adjacent to an arterial roadway (excluding
Interstate 95) and;
ii. The property is buffered by a minimum six foot (6') wall or minimum six foot (6')
hedge. However, if the property is adjacent to a public building, school, park,
library, or residential area at the time of conditional use approval, a minimum six
foot (6') high berm and either a 6' wall or 6' hedge on top of the berm shall be
required.
iii.Provision of a 10' minimum landscape buffer with trees planted 25' on center
around the perimeter of the storage area.
(E) Review and Approval Process:
(1) In established structures, uses shall be allowed therein upon application to, and approval
by, the Chief Building Official for a certificate of occupancy.
(2) For any new development approval must be granted by the Site Plan Review and
Appearance Board pursuant to Sections 2.4.5 (F), 2.4.5(H), and (I).
4
ORD. NO. 10-07
(F) Development Standards: The development standards as set forth in Section 4.3.4 shall apply,
except as modified below:
(1) 1-95/CSX Railroad Corridor Overlay District: The following development standards
shall apply to parcels within the Overlay district as defined by Section 4.5.15. "I-95/CSX Railroad
Corridor Overlay District."
(a) Nonresidential development within the area shall comply with the development
standards as set forth in Section 4.3.4.
(b) Residential development. which is being developed pursuant to regulations set forth in
Article 4.7. "Family/Workforce Housing." shall comply with the development
standards of Section 4.4.6(F)(3).
(G) Supplemental District Regulations: The supplemental district regulations as set forth in
Article 4.6 shall apply. except as modified below:
(1) 1-95/CSX Railroad Corridor Overlay District: In addition to the supplemental district
regulations set forth in Article 4.6. the supplemental district regulations of Section 4.4.6(G)(1) shall apply
to parcels within the overlay district as defined by Section 4.5.15. "I-95/CSX Railroad Corridor Overlay
District. "
(H) Special Regulations:
(1) Loading and unloading shall be restricted to side and rear yards and shall be prohibited
within the front yard setback.
(2) Within the front yard setback, the first ten feet (10') abutting the right-of-way shall be a
landscaped area within which no paving shall be allowed except for driveways and walkways leading to
structures on the premises. Such driveways and walkways shall be generally perpendicular to the
property line.
(3) Overhead doors shall be prohibited from facing a public right-of-way.
(4) Except for outside storage approved pursuant to Section 4.6.6(C)(2), all principal and
conditional uses shall be conducted within an enclosed building.
(5) 1-95/CSX Railroad Corridor Overlay District: Within the Overlay District. as defined in
Section 4.5.15. in addition to compliance with the regulations set forth in Article 4.7. "Family/Workforce
5
ORD. NO. 10-07
Housing," the performance standards of Section 4.4.6(D, shall also be substantially met to obtain a density
greater than 6 units per acre.
Section 3. That Section 4.5.15, "I-95/CSX Railroad Corridor Overlay District," of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the
same is hereby enacted to read as follows:
Section 4.5.15 I-95/CSX Railroad Corridor Overlay District
(A) Defined: The 1-95/CSX Railroad Corridor Overlay District is located east of the CSX Railroad,
west ofI-95, south of the E-4 Canal. and north of the Historic Depot property, as shown on the map in
Section 4.7.1(1) of the Land Development Regulations. The applicable regulations set forth in Section 4.7,
"Family/Workforce Housing", shall apply to the 1-95/CSX Railroad Corridor Overlay District in addition
to other applicable Land Development Regulations.
Section 4. That Section 4.7, "Findings", ofthe Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by enacting
Subsection 4.7(J) to read as follows:
J. The City Commission desires to establish an additional workforce housing overlay district
known as the 1-95/CSX Railroad Corridor Overlay District for certain properties located east
of the CSX Railroad, west ofI-95, south ofthe E-4 Canal. and north of the Historic Depot
property as depicted on the map attached and made a part of Article 4.7.
Section 5. That Section 4.7.1, "Definitions", ofthe Land Development Regulations of the Code
of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by enacting
subsection 4.7.1 (t) to read as follows:
1. 1-95/CSX Railroad Corridor Overlay District - The area located east of the CSX
Railroad, west ofI-95, south of the E-4 Canal. and north of the Historic Depot property, as
shown in the map below.
6
ORD. NO. 10-07
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Section 6. That Section 4.7.2, "Applicability", of the Land Development Regulations of the
Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by enacting
subsection 4.7.2(i) to read as follows:
1. In the 1-95/CSX Railroad Corridor Overlay District. at least twenty-five (25) percent of all
residential units must be workforce housing units that are affordable to very low. or low. or
moderate income families.
Section 7. That Section 4.7.5, "Density Bonus Program for the Southwest 10th Street Overlay
District," of the Land Development Regulations of the Code of Ordinances ofthe City of Delray Beach,
7
ORD. NO. 10-07
Florida, be and the same is hereby amended to read as follows:
Section 4.7.5 Density Bonus Program for the Southwest 10th Street and 1-95/CSX Railroad
Corridor Overlay District~
a. Developers of property in the Southwest 10th Street Overlay District shall develop the
properties to afford a minimum of twenty percent ofthe residential units as workforce
housing units.
a!. The twenty percent that are developed as workforce housing units must contain units
that are affordable to very low, low or moderate income families.
ag. In the Southwest 10th Street Overlay District, the maximum density allowed is the
maximum zoning density allowed in the zoning district. To obtain the maximum
density allowed in the zoning district, not only must a minimum of twenty percent of the
residential units be developed as workforce housing, but all the performance standards
that allow increased density shall also be substantially met.
eiii. Workforce housing units may be located off-site provided the location chosen is within
the City of Delray Beach.
div. All sections of Article 4.7 apply to the Southwest 10th Street Overlay District, except for
Sections 4.7.4, 4.7.11 and 4.7.12.
b. Developers of property in the 1-95/CSX Railroad Corridor Overlay District shall develop the
properties to afford a minimum of twenty-five percent of the residential units as workforce
housing units.
1. The twenty-five percent that are developed as workforce housing units must contain
units that are affordable to very low. low or moderate income families.
11. In the 1-95/CSX Railroad Corridor Overlay District. the maximum density allowed is
twenty-four (24) units per acres as a Conditional Use. To obtain a density greater than 6
units per acre. not only must a minimum of twenty-five percent of the residential units
be developed as workforce housing. but the performance standards of Section 4.4.6m.
shall also be substantially met.
111. All sections of Article 4.7 apply to the 1-95/CSX Railroad Corridor Overlay District.
except for Sections 4.7.4. 4.7.11 and 4.7.12.
8
ORD. NO. 10-07
Section 8. 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 9. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 10. 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
_dayof ,200_.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
9
ORD. NO. 10-07
PLANNING A
MEETING DATE:
FEBRUARY 26, 2007
IV. F.
AGENDA NO.:
AGENDA ITEM:
CONSIDERATION OF PRIVATELY INITIATED AMENDMENTS TO THE
LAND DEVELOPMENT REGULATIONS (LDRS), SECTION 4.4.19,
"MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT;"
SECTION 4.5.15, "THE 1-95/CSX RAILROAD CORRIDOR OVERLAY
DISTRICT;" AND ARTICLE 4.7, "FAMILY WORKFORCE HOUSING,"
TO PROVIDE REGULATIONS ASSOCIATED WITH THE CREATION
OF A NEW WORKFORCE HOUSING OVERLAY DISTRICT.
The item before the Board is that of making a recommendation to the City Commission
regarding privately initiated amendments to the Land Development Regulations to provide
regulations associated with the creation of a new Workforce Housing Overlay District.
Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
The Family/Workforce Housing Ordinance, adopted by the City Commission on December 6,
2004, included incentives to provide workforce housing by allowing density bonuses within the
Southwest Neighborhood Overlay District. The program was expanded with amendments
adopted in April 2006 to provide additional opportunities and incentives for the provision of
workforce housing. Major revisions included establishment of an additional workforce housing
overlay district known as the Infill Workforce Housing Area and increasing the maximum density
within the Carver Estates Overlay District from 12 units per acre to 24 units per acre. The
amendments also included adding references to the newly created Delray Beach Community
Land Trust, increasing the affordability time frames from 30 to 40 years; allowing lots of record
between 40 feet and 50 feet to be developed for workforce housing; and requiring the provision
of workforce housing to qualify for increased density or height in the CBD zoning district.
The program was amended again in July 2006 to award the same density bonus to "for sale"
units as "rental units"; to not require similar proportions of "for sale" units to "rental units" within a
project when funded by state financing programs and when it contains at least 20% "for sale"
workforce units; and to add a provision that the Community Land Trust (CL T) receives rights of
first refusal on workforce housing units developed on non-CL T owned lands.
A privately-initiated amendment is currently being proposed to add an additional Workforce
Housing Overlay District on Depot Road, between 1-95 and the CSX Railroad. This proposed
text amendments will implement several changes adopted as part of Comprehensive Plan
Amendment 07-1.
The privately-initiated text amendments seek to add an additional Workforce Housing Overlay
District within the MIC zoning district on Depot Road, between 1-95 and the CSX Railroad.
Planning and Zoning Board Memorandum Staff Report, February 26, 2007
Amendment to LDRs Pertaining to Workforce Housing Program - 1-95/CSX Railroad Corridor
Residential development will be permitted through the conditional use process within the overlay
area, to a maximum of 24 units per acre, with a requirement that 25% of the units be workforce
housing, subject to the requirements of Article 4.7, "Family/Workforce Housing." Substantial
compliance with the performance standards of 4.4.6(1) will also be required to exceed 6 units
per acre within the overlay district. The development standards for residential development
within the overlay district will be the same as within the Southwest Neighborhood and Carver
Estates Overlay Districts and in the Infill Workforce Housing Area. These development
standards were developed to accommodate the higher densities permitted within workforce
housing overlay districts. The proposed changes are supported by Comprehensive Plan
Amendment 07-1, which was adopted by the City Commission on February 6,2007.
REQUIRED FINDINGS
LOR Section 2.4.5(MH5) (Findinas): Pursuant to LOR Section 2.4.5(M)(5) (Findings), in
addition to LOR Section 1.1.6(A), the City Commission must make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan.
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and
the following applicable Objectives and Policies were noted:
Future Land Use Element Objective A-5
The City shall maintain its Land Development Regulations, which shall be regularly reviewed
and updated, to provide streamlining of processes and to accommodate planned unit
developments (PUD), mixed-use developments, and other innovative development practices.
As participation in the Workforce Housing Program continues, it will be necessary to modify the
regulations from time to time to increase efficiency and to ensure that the intended results are
achieved. Expansion of the program to include an additional Overlay District will create an
opportunity for additional workforce housing units to be constructed within the City. Based on
the land area within the overlay district, approximately 78 affordable housing units may
ultimately be developed.
Housina Element Objective B-1
The City's existing housing supply accommodates households having a wide range of economic
ability. There is vel}' little vacant land left, especially large tracts, for new housing development.
Through its housing programs, the City shall work to ensure that there continues to be an
adequate supply of housing to accommodate vel}' low, low, and moderate income households,
as well as manufactured and mobile homes.
Housina Element Objective B-2
Redevelopment and the development of new land shall result in the provision of a variety of
housing types which shall continue to accommodate the diverse makeup of the City's
demographic profile, and meet the housing needs identified in this Element.
In addition to the above objectives, several text amendments were adopted as part of
Comprehensive Plan Amendment 07-1 to support the inclusion of residential development (with
workforce housing) within the proposed Overlay District. These changes included a modification
of the description of the Commerce FLUM designation to read as follows:
2
Planning and Zoning Board Memorandum Staff Report, February 26, 2007
Amendment to LDRs Pertaining to Workforce Housing Program - 1-95/CSX Railroad Corridor
Commerce: This designation is applied to property which is developed, or is to be developed, in
such a manner as to accommodate a mix of industrial, service, and commercial uses. This may
be done either through development of existing parcels or through a planned concept.
Residential development may also be permitted provided that such development is within a
desianated workforce housina overlav district that allows such use and any residential
development meets the criteria of the City of Delray Beach Workforce Housina Ordinance.
Areas with this desianation, located within a workforce housina overlay district, may be
developed UP to a maximum of 24 units per acre, provided at least 25% of the units are
workforce housina units.
Future Land Use Element Policy A-7.2 was also modified to include provisions for the overlay
district.
Future Land Use Element Policv A-7.2 Workforce Housing Overlay Districts shall be identified
on the Future Land Use Map. The maximum density within these districts shall be as follows:
. The MROC (Mixed Residential Office Commercial) zoning district shall have a maximum
density of 40 units per acre except within the Tri-rail Station Overlay where the maximum
density is 50 units per acre.
. The Southwest Neighborhood and Carver Estates Overlay Districts shall have a maximum
density of 24 units per acre.
. The 1-95/CSX RR Corridor Overlay District shall have a maximum of 24 units per acre.
. The SW 10th Street Overlay District shall have a maximum density of 12 units per acre.
. All other Overlay Districts shall have a maximum density of 18 units per acre.
The ultimate goal of the Family/Workforce Housing Program is to encourage the provision of
housing, which is affordable to very low to moderate income households through the use of
incentives. By expanding this program, the proposed text amendments are consistent with and
will further the Goals, Objectives, and Policies of the Comprehensive Plan.
Courtesy Notices:
Courtesy notices were provided to the following homeowner and civic associations:
· Progressive Residents of Delray (PROD)
· President's Council
· Neighborhood Advisory Council
Letters of objection and support, if any, will be provided at the Planning and Zoning Board
meeting.
The purpose of the proposed privately-initiated LDR text amendments is to further enhance the
City's Workforce Housing Program by adding an additional Overlay District to the program. With
a minimum of 25% workforce housing units required within the 1-95/CSX Railroad Corridor
Overlay District, there is a potential for an additional 78 workforce units to be constructed within
the City. The proposed amendment is consistent with and furthers the Goals, Objectives and
Policies of the Comprehensive Plan.
3
Planning and Zoning Board Memorandum Staff Report, February 26, 2007
Amendment to LDRs Pertaining to Workforce Housing Program - 1-95/CSX Railroad Corridor
Move to recommend to the City Commission approval of privately initiated amendments to the
Land Development Regulations (LDRs), Section 4.4.19, "Mixed Industrial and Commercial
(MIC) District;" Section 4.5.15, "The 1-95/CSX Railroad Corridor Overlay District;" and Article
4.7, "Family Workforce Housing," to provide regulations associated with the creation of a new
Workforce Housing Overlay District, by adopting the findings of fact and law contained in the
staff report and finding that the request is consistent with the Comprehensive Plan and meets
criteria set forth in Section 2.4.5(M) of the Land Development Regulations.
Attachments:
Proposed Amendments
Location Map
s:\planning & zoning\boards\p&z board\ldr text amendment workforce housing i-95-csx corridor.doc
4
MEMORANDUM
FROM:
MAYOR AND CITI COMMISSIONERS
CITY MANAGE~1
AGENDA ITEM # 10. F - REGULAR MEETING OF MARCH 20. 2007
ORDINANCE NO. 10-07
TO:
SUBJECT:
DATE:
MARCH 16, 2007
This ordinance is before Commission for second reading for a privately initiated amendment to the
Land Development Regulations (LDR), Section 4.4.19, "Mixed Industrial and Commercial District",
Section 4.5.15, "The I-95jCSX Railroad Corridor Overlay District"; and Article 4.7, "Family
Workforce Housing", to provide regulations associated with the creation of a new Workforce
Housing Overlay District.
At the first reading on March 5, 2007, the Commission passed Ordinance No. 10-07.
Recommend approval of Ordinance No. 10-07 on second and final reading.
S:\City C1erk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 10-07 Amend LDR Workforce Housing 03.20.07.doc
[ITY DF DElRAY BEA[H
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CITY ATTORNEY'S OFFICE
I RAY BEACH, FLORIDA 33444
, . fACSIMILE: 561/278-4755
Writer's Direct Line: 561/243-7090
DELRAY BEACH
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MEMORANDUM
March 9, 2007
1993
2001
City Commission
David T. Harden, City Manager
FROM:
Terrill C. Barton, Assistant City Attorney
/i.'{' :L
-)tA:J
SUBJECT: Resolution 20-07
The attached resolution is requesting that the City designate certain portions of
Carver Square Redevelopment Area as a CRA Brownfield Area for rehabilitative
purposes.
Please place the resolution on the City Commission agenda for first public hearing
for March 20, 2007 pursuant to the Florida Brownfields Redevelopment Manual,
which provides that in order for a resolution to be adopted designating an area a
Brownfield Area, it must comply with the public hearing regulations under Section
166.041 (3)(c)(2), Fla. Stat.
TCB:smk
Attachment
cc: Chevelle Nubin, City Clerk
10.G
RESOLUTION NO. 20-07
A RESOLUTION OF TBE OTY m:MMISSION OF TIlE OTY OF
DELRAY BEAa-I, FLORIDA, DESIGNATING TIlE AREA WI1HIN
TIlE BOUNDARIES OF TBE CARVER SQUARE
REDEVELOP:MENT AREA OF TIlE DELRAY BEAGI
mM:MUNITY REDEVELOP:MENT AGENCY (CRA) A
BROWNFIELD AREA; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Florida Brownfields Redevelopment Act, Sec. 376.77 through Sec. 376.85, Fla. Stat.
(2002) (Act) provides for local governments to designate by resolution areas consisting of one or more
brownfield sites as "brownfield areasn for the pruposes of environmental remediation, rehabilitation and
economic redevelopment; and
WHEREAS, the Gty of Delray Beach, Florida, desires to designate, pursuant to the Act,
approximately 2.4 acres of the Carver Square Redevelopment area of Community Redevelopment Agency
(CRA) as delineated in the attached map, as a brownfield area to secure the benefits accruing under the Act;
and
WHEREAS, per Florida Statutes ~ 376.79(4), a CRA may be declared a brownfield area; and
WHEREAS, brownfield designation will enable property owners to voluntarily use State Brownfield
Programs for environmental remediation, rehabilitation and economic redevelopment; and
WHEREAS, the Gty has complied with the procedures outlined in the Act and has provided notice as
required by Sec. 125.66 (4) (b) 2, Fla. Stat.
NOW, TIlEREFORE, BE IT RESOLVED BY TIlE OTY m:MMISSION OF TBE OTY OF
DELRAYBEAa-I,FLORID&
Section 1. The foregoing recitals are hereby ratified and confirmed as true and correct by the Gty
Commission of the Gty of Delray Beach, Florida, and incorporated herein.
Section 2. Pursuant to the Act, the 2.4 acre area generally described as the Carver Square
Redevelopment Area of the Delray Beach Community Redevelopment Agency (CRA) on the map attached
hereto as Exhibit "An and more particularly described herein as:
Lot
11
12
13
14
Legal Description
Carver Square Lot 11
Carver Square Lot 12
Carver Square Lot 13
Carver Square Lot 14
Property Control Number
12-43-46-17-31-000-0110
12-43-46-17-31-000-0120
12-43-46-17-31-000-0130
12-43-46-17-31-000-0140
15
16
17
18
18
20
21
22
23
24
25
26
28
29
30
Carver Square Lot 15
Carver Square Lot 16
Carver Square Lot 17
Carver Square Lot 18
Carver Square Lot 19
Carver Square Lot 20
Carver Square Lot 21
Carver Square Lot 22
Carver Square Lot 23
Carver Square Lot 24
Carver Square Lot 25
Carver Square Lot 26
Carver Square Lot 28
Carver Square Lot 29
Carver Square Lot 30
12-43-46-17-31-000-0150
12-43-46-17-31-000-0160
12-43-46-17-31-000-0170
12-43-46-17-31-000-0180
12-43-46-17-31-000-0190
12-43-46-17-31-000-0200
12-43-46-17-31-000-0210
12-43-46-17-31-000-0220
12-43-46-17-31-000-0230
12-43-46-17-31-000-0240
12-43-46-17-31-000-0250
12-43-46-17-31-000-0260
12-43-46-17-31-000-0280
12-43-46-17-31-000-0290
12-43-46-17-31-000-0300
is hereby designated a brownfield area.
Section 3. The CRA shall notify the Florida Department of Environmental Protection (FDEP) of
the decision to designate the Carver Square Redevelopment Area of the Delray Beach Conununity
Redevelopment Agency (CRA) a Brownfield Area.
Section 4.
TIlls Resolution shall become effective immediately upon its passage.
PASSED AND ADOP1ED in regular session on this the _ day of March, 2007.
ATTEST:
MAYOR
City Oerk
2
RES. NO.
-07
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MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER[lJ11
AGENDAITEM# ,0. ~
ORDINANCE NO. 11-07
- REGULAR MEETING OF MARCH 20. 2007
TO:
SUBJECT:
DATE:
MARCH 16, 2007
This ordinance is before Commission for second reading for privately initiated amendments to the
Land Development Regulations (LDR), Article 4.7, "Family Workforce Housing," Section 4.7.2,
"Applicability," to allow payment of a fee to the Delray Beach Community Land Trust in lieu of
providing Workforce Housing units on site in order to qualify for increased height or density in the
CBD (Central Business District).
At the first reading on March 5, 2007, the Commission passed Ordinance No. 11-07.
Recommend approval of Ordinance No. 11-07 on second and final reading.
S:\City Clerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 11-07 Amend LOR Article 4.7 Family Workforce Housing 03.20.07.doc
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TO:
THRU RECTOR OF PLANNING & ZONING
FROM: ., AICP, PRINCIPAL PLANNER
SUBJECT: MEETING OF MARCH 5, 2007
CONSIDERATION OF PRIVATELY INITIATED AMENDMENTS TO THE LAND
DEVELOPMENT REGULATIONS (LDRS) ARTICLE 4.7 "FAMILY
WORKFORCE HOUSING," SECTION 4.7.2, "APPLICABILITY," TO ALLOW
PAYMENT OF A FEE TO THE DELRAY BEACH COMMUNITY LAND TRUST
IN LIEU OF PROVIDING WORKFORCE UNITS ON SITE IN ORDER TO
QUALIFY FOR INCREASED HEIGHT OR DENSITY IN THE CBD.
The item before the City Commission is approval of privately initiated amendments to the Land
Development Regulations to accommodate revisions to the City's Workforce Housing Program
dealing with the payment of a fee to the Delray Beach Community Land Trust in lieu of providing
workforce units on site in order to qualify for increased height or density in the CBD.
The FamilylWorkforce Housing Program includes provisions for developers to receive density
bonuses when workforce housing units are provided in development projects within the
Southwest Neighborhood Overlay District, Carver Estates Overlay District and Infill Workforce
Housing Area. Instead of providing the workforce units on site, the program also allows
developers to receive bonus units by making a payment to the Delray Beach Community Land
Trust. This money is then utilized by the Community Land Trust to subsidize workforce housing
in the City of Delray Beach.
When the Workforce Housing Program was modified in April 2006, requiring the provision of
workforce housing in order to qualify for Conditional Uses for increased density or height in the
CBD zoning district, the option of payment to the Community Land Trust in lieu of providing the
units on site was not included. Given the high cost of land in the CBD, providing affordable
housing units within downtown development projects may not be economically feasible. Since,
payment to the Community Land Trust is a viable option to ensure that workforce units are
ultimately provided in the City, this option should be extended to include the Conditional Uses
for increased height and density in the CBD. Given the financial constraints associated with the
development of affordable units in this area, adding this option will likely result in a greater
number of workforce units than would otherwise be realized.
The amendment, as proposed by the applicant, is to allow an in-lieu payment of $60,000 for
each required workforce unit. Although staff supports the addition of an in-lieu payment option to
qualify for increased height or density in the CBD, this payment should be increased to match
the subsidy required to provide a workforce housing unit off site. In reviewing the current
subsidies necessary for the Community Land Trust to provide a workforce housing unit in the
city, it was determined that the appropriate payment amount is $160,000 per workforce unit.
This figure represents the subsidy necessary to place a family of four into a moderate priced
unit. It includes an average single family lot cost of $85,000 in the southwest neighborhood (the
IZ.C
City Commission Meeting of March 5, 2007
Amendment to LDRs Pertaining to Workforce Housing Program In Lieu Payments
Page 2
CL T's current focus area) and the maximum SHIP program subsidy of $75,000. The proposed
Ordinance reflects this recommendation.
As participation in the Workforce Housing Program continues, it will be necessary to modify the
regulations from time to time to increase efficiency and to ensure that the intended results are
achieved. The proposed amendment to the Land Development Regulations is intended to
enhance the program, by encouraging developers within the CBD District to provide or fund
affordable housing through a series of incentives, including increased density and building
height. The proposed amendment is consistent with and furthers the Goals, Objectives and
Policies of the Comprehensive Plan which requires the City to ensure that there continues to be
an adequate supply of housing to accommodate very low, low, and moderate income
households.
The text amendment was considered by the Planning and Zoning Board on February 26,2007.
The applicant did not attend the meeting. Several property owners within the Marina Historic
District were concerned that the amendment would allow higher intensity projects to be
constructed. They spoke against the amendment and requested that the in-lieu option not be
allowed adjacent to the historic district. Staff explained that the Conditional Uses for increased
height and density have been available for over 10 years, and that other performance
standards, including a finding of compatibility, must be satisfied before conditional use approval
can be granted. The requirement for the provision of workforce units was added last year as an
additional requirement. The in-lieu payment option will just provide an alternative to providing
the units on site. The Board also discussed the in-lieu fee amount and recommended that it be
re-evaluated each year and adjusted as necessary. The Board recommended approval on a 5
to 0 vote (Halberg and Zacks absent), by adopting the findings of fact and law contained in the
staff report and finding that the amendment is consistent with the Comprehensive Plan and
meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations.
By motion, approve on first reading Ordinance No. 11-07, amending LDR Article 4.7, "Family
Workforce Housing," Section 4.7.2, "Applicability," to allow payment of a fee to the Delray Beach
Community Land Trust in lieu of providing Workforce Housing units on site in order to qualify for
increased height or density in the CBD, 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, with second reading
to occur on March 20, 2007.
Attachments:
· Ordinance No. 11-07
· Planning & Zoning Staff Report of February 26, 2007
ORDINANCE NO. 11-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY
AMENDING SECTION 4.7.2, "APPLICABILITY" TO PROVIDE
THAT A MONETARY CONTRIBUTION MAY BE MADE RATHER
THAN PROVIDING WORKFORCE HOUSING; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on February 26, 2007, and voted 5 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and
furthers the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.7.2, "Applicability", 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:
Section 4.7.2 Applicability
Except as otherwise provided in this ordinance, these regulations shall apply only to development
applications consistent with the following conditions:
a. Subject to restrictions contained in this Article, development must be located within the
established Southwest Neighborhood Overlay District, the Carver Estates Overlay District,
or the Infill Workforce Housing Area to qualify for participation in the Density Bonus
Program set forth in this Article 4.7.
b. Subject to the restrictions of this Article, developments constructed pursuant to Section
4.3.4(J)(4)(b)ii(1) must provide workforce housing to qualify for an increase in height.
Developers may also meet this requirement through a monetary contribution which will be
utilized to subsidize workforce housing in the City of Delray Beach. For each required
workforce housing unit. developers may make a payment of a sum equal to $160,000,
payable to the Delray Beach Community Land Trust, in lieu of providing the workforce
housing unit within the development.
c. Subject to the restrictions of this Article, developments constructed pursuant to 4.4.13(1)
must provide workforce housing to qualify for increased density. Developers may also meet
this requirement through a monetary contribution which will be utilized to subsidize
workforce housing in the City of Delray Beach. For each required workforce housing unit,
developers may make a payment of a sum equal to $160,000, payable to the Delray Beach
Community Land Trust, in lieu of providing the workforce housing unit within the
development.
d. In order to qualify for a density bonus, a project must consist of at least five new or
substantially rehabilitated dwelling units. The HUD definition shall be used to determine
whether there has been substantial rehabilitation. In addition, the units must contain design
features, such as, but not limited to, front porches, eyebrows, outriggers, gables, dormers,
arbors, trellises, shutters, balconies, decorative vents, siding, textured stucco finishes,
undulating facades and other such appropriate architectural features.
e. The developer or responsible party must provide relocation assistance at a minimum of
$2,500.00 per each household that is displaced as a result of the proposed project.
f. In the Southwest 10th Street Overlay District, at least twenty percent of all residential units
must be workforce housing units that are affordable to very low, or low, or moderate income
families.
g. The Carver Estates Overlay District, the Southwest Neighborhood Overlay District, and the
Infill Workforce Housing Area shall contain units that are affordable to very low, or low, or
moderate income families.
2
ORD. NO. 11-07
h. Developments which must provide workforce housing pursuant to Section 4.3.4(J)(4)(b)ii(1)
or Section 4.4.13(I) shall contain units that are affordable to low or moderate income
families.
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
_dayof ,200_.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
3
ORD. NO. 11-07
PLANNING AND ZONI
MEETING DATE:
FEBRUARY 26, 2007
IV.G.
AGENDA NO.:
AGENDA ITEM:
CONSIDERATION OF PRIVATELY INITIATED AMENDMENTS TO THE
LAND DEVELOPMENT REGULATIONS (LDRS) ARTICLE 4.7 "FAMILY
WORKFORCE HOUSING," SECTION 4.7.2, "APPLICABILITY," TO
ALLOW PAYMENT OF A FEE TO THE DELRAY BEACH COMMUNITY
LAND TRUST IN LIEU OF PROVIDING WORKFORCE UNITS ON SITE
IN ORDER TO QUALIFY FOR INCREASED HEIGHT OR DENSITY IN
THE CBD.
The item before the Board is that of making a recommendation to the City Commission
regarding privately initiated amendments to the Land Development Regulations to
accommodate revisions to the City's Workforce Housing Program.
Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
The Family/Workforce Housing Ordinance, adopted by the City Commission on December 6,
2004, included incentives to provide workforce housing by allowing density bonuses within the
Southwest Neighborhood Overlay District. The program was expanded with amendments
adopted in April 2006 to provide additional opportunities and incentives for the provision of
workforce housing. Major revisions included establishment of an additional workforce housing
overlay district known as the Infill Workforce Housing Area and increasing the maximum density
within the Carver Estates Overlay District from 12 units per acre to 24 units per acre. The
amendments also included adding references to the newly created Delray Beach Community
Land Trust, increasing the affordability time frames from 30 to 40 years; allowing lots of record
between 40 feet and 50 feet to be developed for workforce housing; and requiring provision of
workforce housing to qualify for increased density or height in the CBD zoning district.
The program was amended again in July 2006 to give the same density bonus for "for sale"
units as "rental units"; to not require that similar proportions of "for sale" and "rental units" within
a project when funded by state financing programs and it contains at least 20% "for sale"
workforce units; and to add a provision that the Community Land Trust (CL T) receives rights of
first refusal on workforce housing units developed on non-CL T owned lands.
A privately-initiated amendment is being proposed to allow payment of a fee to the Delray
Beach Community Land Trust in lieu of providing workforce units on site in order to qualify for
increased height or density in the CBD. This amendment to the Workforce Housing program
was originally included with another text amendment which dealt with one bedroom units. The
Planning and Zoning Board continued the item in its entirety at its December 18, 2006 meeting,
and asked that the proposed in-lieu fee be re-evaluated. The Board also requested that the two
issues be reviewed separately.
IV. G.
Planning and Zoning Board Memorandum Staff Report, February 26,2007
Amendment to LDRs Pertaining to Workforce Housing Program - In-Lieu Payments
Page 2
As proposed earlier, an in-lieu fee of $60,000 was to be paid for each bonus unit realized
through an increase in height or density. Since the December 18th meeting, staff reviewed the
fee and revised the methodology to reflect the level of subsidy required for the Community Land
Trust to provide a workforce housing unit off site.
The Family/Workforce Housing Program includes provisions for developers to receive density
bonuses when workforce housing units are provided in development projects within the
Southwest Neighborhood Overlay District, Carver Estates Overlay District and Infill Workforce
Housing Area. Instead of providing the workforce units on site, the program also allows
developers to receive bonus units by making a payment to the Delray Beach Community Land
Trust. This money is then utilized by the Community Land Trust to subsidize workforce housing
in the City of Delray Beach.
When the Workforce Housing Program was modified in April 2006, requiring the provision of
workforce housing in order to qualify for Conditional Uses for increased density or height in the
CBD zoning district, the option of payment to the Community Land Trust in lieu of providing the
units on site was not included. Given the high cost of land in the CBD, providing affordable
housing units within downtown development projects may not be economically feasible. The
proposed text amendment seeks to add an in-lieu payment option to this area. The following
language is proposed by the applicant:
Instead of or in addition to providinq workforce housinq units. developers may also exceed thirty
units per acre or obtain an increase in heiqht UP to 60 feet pursuant to Sections 4.4.13(1) and
4.3.4(J)(4 )(b )ii(1) by contributinq to the Delray Beach Community Land Trust that will be utilized
to subsidize workforce housinq in the City of Delray Beach. For each required workforce
housinq unit. Developers may make a payment of $60,000. payable to the Delray Beach
Community Land Trust. in lieu of providinq a workforce housinq unit within the development.
The City's Workforce Housing Program is incentive based, whereby additional market rate units
can be realized through the provision of workforce housing. Since, payment to the Community
Land Trust is a viable option to ensure that workforce units are ultimately provided in the City,
this option should be extended to include the Conditional Uses for increased height and density
in the CBD. Given the financial constraints associated with the development of affordable units
in this area, adding this option will likely result in a greater number of workforce units than would
otherwise be realized.
The amendment, as proposed by the applicant, is to allow an in-lieu payment of $60,000 for
each required workforce unit. Although staff supports the addition of an in-lieu payment option to
qualify for increased height or density in the CBD, this payment should be increased to match
the subsidy required to provide the workforce housing unit off site. In reviewing the current
subsidies necessary for the Community Land Trust to provide a workforce housing unit in the
city, it was determined that the appropriate payment amount is $160,000 per workforce unit.
This figure represents the subsidy necessary to place a family of four into a moderate priced
unit. It includes an average single family lot cost of $85,000 in the southwest neighborhood (the
CL T's current focus area) and the maximum SHIP program subsidy of $75,000. The proposed
Ordinance reflects this recommendation.
REQUIRED FINDINGS
LOR Section 2.4.5(MH5} (Findinas): 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
Planning and Zoning Board Memorandum Staff Report, February 26, 2007
Amendment to LDRs Pertaining to Workforce Housing Program - In-Lieu Payments
Page 3
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan.
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and
the following applicable Objectives and Policies were noted:
Future Land Use Element Obiective A-5
The City shall maintain its Land Development Regulations, which shall be regularly reviewed
and updated, to provide streamlining of processes and to accommodate planned unit
developments (PUD), mixed-use developments, and other innovative development practices.
As participation in the Workforce Housing Program continues, it will be necessary to modify the
regulations from time to time to increase efficiency and to ensure that the intended results are
achieved. The proposed amendment to the Land Development Regulations is intended to
enhance the program, by encouraging developers within the CBD District to provide or fund
affordable housing through a series of incentives, including increased density and building
height.
Housina Element Obiective B-1
The City's existing housing supply accommodates households having a wide range of economic
ability. There is very little vacant land left, especially large tracts, for new housing development.
Through its housing programs, the City shall work to ensure that there continues to be an
adequate supply of housing to accommodate very low, low, and moderate income households,
as well as manufactured and mobile homes.
Housina Element Obiective B-2
Redevelopment and the development of new land shall result in the provision of a variety of
housing types which shall continue to accommodate the diverse makeup of the City's
demographic profile, and meet the housing needs identified in this Element.
The proposed amendment will further this objective and policy. The goal of amendment is to
encourage the provision of housing which is affordable to low to moderate income households
through the use of incentives. Based on the above, a positive finding can be made that the
amendments are consistent with and further the Goals, Objectives, and Policies of the
Comprehensive.
Community Redevelopment Aaencv (CRA):
The CRA considered the text amendment at its meeting of December 14, 2006. The Board
recommended approval.
West Atlantic Redevelopment Coalition (WARC):
WARC considered the text amendments at its meeting of December 13, 2006. The Board
recommended approval. The Board also recommended that the in-lieu fee of $60,000 be
reevaluated.
Planning and Zoning Board Memorandum Staff Report, February 26, 2007
Amendment to LDRs Pertaining to Workforce Housing Program - In-Lieu Payments
Page 4
Downtown Development Authoritv (DDA):
The DDA considered the text amendments at its meeting of December 11, 2006. The Board
unanimously recommended approval. The DDA commented that they would like the in lieu fee
of $60,000 to be reevaluated. They were concerned that the in-lieu fee is the same regardless
of whether the unit is a 1, 2 or 3BR unit. They felt as though the fee should be based upon the
cost to actually build the unit. A comment was made regarding the methodology used by West
Palm Beach, and that perhaps a similar formula should be considered by Delray Beach.
Pineapple Grove Mainstreet:
The Board considered the text amendments at its meeting of December 5, 2006 and
recommended approval.
Courtesy Notices:
Courtesy notices were provided to the following homeowner and civic associations:
. Progressive Residents of Delray (PROD)
. President's Council
. Neighborhood Advisory Council
Letters of objection and support, if any, will be provided at the Planning and Zoning Board
meeting.
The purpose of the privately initiated LDR text amendment is to further enhance the City's
Workforce Housing Program by adding flexibility to the program. The proposed amendment is
consistent with and further the Goals, Objectives and Policies of the Comprehensive Plan.
Move to recommend to the City Commission approval of privately initiated amendments to the
Land Development Regulations (LDRs), Article 4.7, "Family Workforce Housing," Section 4.7.2,
"Applicability," to allow payment of a fee to the Delray Beach Community Land Trust in lieu of
providing Workforce Housing units on site in order to qualify for increased height or density in
the CBD, 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
s:\planning & zoning\boards\p&z board\ldr text amendment workforce housing in lieu.doc
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER p(L/1
AGENDA ITEM # \ 6. I' - REGULAR MEETING OF MARCH 20. 2007
ORDINANCE NO. 8-07 (SECOND READING/SECOND PUBLIC
HEARING)
TO:
FROM:
DATE:
MARCH 16, 2007
This ordinance is before Commission for second reading and second public hearing for a city initiated
amendment to the Land Development Regulations (LDR) Article 4.5, "Overlay and Environmental
Management Districts", Section 4.4.9, "General Commercial District", and Section 4.4.12, "Planned
Commercial District", to accommodate redevelopment at the intersection of West Adantic Avenue
and Military Trail.
At the first reading on March 5, 2007, the Commission passed Ordinance No. 8-07.
Recommend approval of Ordinance No. 8-07 on second and final reading.
S:\City Qerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 8-07 2nd Reading 03.20.07.doc
FROM:
DA~~D
PAUL DORLlNG, AICP, D CTOR OF PLANNING & ZONING
TO:
SUBJECT: MEETING OF MARCH 5, 2007
CONSIDERATION OF AMENDMENTS TO LAND DEVELOPMENT
REGULATIONS SECTION 4.5.14, "OVERLAY AND ENVIRONMENTAL
MANAGEMENT DISTRICTS", SECTION 4.4.12 "PLANNED COMMERCIAL
DISTRICT" AND SECTION 4.4.9 "GENERAL COMMERCIAL DISTRICT"
RELATED TO THE CREATION AND IMPLEMENTATION OF THE FOUR
CORNERS OVERLAY DISTRICT.
The item before the City Commission is approval of amendments to the Land Development
Regulations related to the creation of the Four Corners Overlay District.
Pursuant to LOR Section 1.1.6 (A), the text of the LOR may from time to time be amended,
changed, supplemented, or repealed. No such action, however, shall be taken until a
recommendation is obtained from the Planning and Zoning Board and until a public hearing has
been held by the City Commission. Any such change shall be made by ordinance, pursuant to
procedures found in LOR Section 2.4.5(M).
The City-initiated amendments to the Land Development Regulations are being processed to
further the policies in the Comprehensive Plan which call for implementation of innovative
development practices and the provision of a variety of housing types including workforce
housing opportunities. The amendments also implement the adopted Florida Public Officials
Design Institute's report that encourages mixed-use development, including office, commercial
and residential uses utilizing new urbanism design elements. This report was generated on
December 9th and 10th of 2004, by the Florida Public Officials Design Institute of Abacoa (a
collaboration of Florida Atlantic University Center for Urban and Environmental Solutions and
South Florida Community Leaders) for the four corners site which includes the four commercial
nodes at the intersection of West Atlantic Avenue and Military Trail. The Institute published the
development recommendations in a "Design Institute Report". The Design Institute's report
included recommendations that the development mass be increased at the corners and that
incentives be implemented to provide mixed-use development, including workforce housing.
Specific recommendations included:
. Future development should highlight opportunities for a transit orientated development
(TOO) which includes mixed-use development; (TOO is usually a mixed-use development
including moderate to high density housing that emphasizes a pedestrian orientated
environment and encourages the use of public transportation);
. Encourage mixed-use development with commercial or office on the ground floor and
residential above while utilizing new urbanism design elements;
. Encourage adaptive reuse of existing structures and implement zoning changes which
promote mixed-use; and
. Overall focus for the sites should be to distinguish this intersection from others along the
Military Trail corridor.
10. F'
City Commission Meeting of March 5, 2007
LDR Amendment of the Four Corners Overlay District
The amendments create an overlay district which is to be placed over the commercially zoned
properties (GC and PC) at the West Atlantic Avenue and Military Trail intersection. The overlay
district will encourage mixed-use development, identify permitted, conditional, accessory and
supplemental uses allowed, establish maximum thresholds for each type of use, establish
review and approval processes and provide specific development standards. The amendment
creates and delineates the overlay district under LOR Section 4.5.14, and provides for uses and
related development standards under LOR Section 4.4.9.and Section 4.4.12.
The primary function of the overlay district is to provide for a mix of office, commercial and
residential uses, including workforce housing. Office and General retail uses, including direct
support services and other retail uses, would be allowed at 100% of the overall building square
footage. Multifamily development, up to a maximum density of 30 units per acre, and limited to
a maximum of 75% of total building square footage, is proposed. A minimum of 20% of these
residential units are to be workforce housing units; are to be moderately priced units; and are
subject to LOR Article 4.7. Buildings are permitted to be a maximum height of 60 feet. Office
and commercial floor heights are to be a minimum of 12 foot floor to floor on the ground floor
with 10' above; and residential floor heights are to be 9 feet floor to floor. This district is to be
applied to properties which have Planned Commercial and General Commercial zoning
designations and are generally located at the intersection of Military Trail and West Atlantic
Avenue.
The LOR amendments were considered by the Planning and Zoning Board at their regular
meeting of February 26, 2007. The Board discussed the amendments and recommended
approval on a 5 to 0 vote (Paul Zacks and Chuck Halberg absent) by adopting the findings of
fact and law contained in the staff report and finding that the amendments are consistent with
the Comprehensive Plan and meet criteria set forth in Section 2.4.5(M) of the Land
Development Regulations.
Approve on first reading amendments to the Land Development Regulations, 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
1.1.6(A) and 2.4.5(M) of the Land Development Regulations, with second reading to occur on
March 20, 2007.
Attachments:
· Ordinance No. 8-07
· Planning & Zoning Staff Report of February 26, 2007
2
ORDINANCE NO. 8-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY
AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC)
DISTRICT", SECTION 4.4.12, "PLANNED COMMERCIAL (PC)
DISTRICT"; ENACTING SECTION 4.5.14, "FOUR CORNERS
OVERLAY DISTRICT", TO PROVIDE FOR THE CREATION AND
IMPLEMENT A TION OF THE FOUR CORNERS OVERLAY
DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on February 26, 2007, and voted 5 to 0
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and
furthers the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.4.9, "General Commercial (GC) District," 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:
Section 4.4.9 General Commercial (GC) District:
(A) Purpose and Intent: The General Commercial (GC) District provides basic regulations for small
parcels which are best suited for general retail and office uses. In addition, this district has provisions in the
Four Comers Overlay District which encourages mixed use development that may include retail, office, and
multi-family uses. but \vhich are not of sufficient size to be designed in a planned sense. The GC designation is
applied to small parcels, most of which are developed, where adherence to standard regulations is most
appropriate. The GC designation is to be applied primarily along arterial and collector streets. Uses may be
conducted singularly or in combination within the same structure.
(B) Principal Uses and Structures Permitted: The following are allowed within the GC District as
permitted uses, except as modified in the Four Comers Overlay District by Section 4.4.9(G)(2)(a).
(1) General retail uses including, but not limited to:
* Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor covering,
cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies and
slipcovers, medicines and prescriptions, electrical fixtures and supplies, fabrics, fish,
flowers and plants, fruits and vegetables, food, garden supplies, gifts, glassware, hardware
and paints, home furnishings, ice cream, lawn care equipment, leather goods, luggage,
medical and surgical equipment, music and musical instruments, nautical supplies,
office furniture equipment and supplies, pets and pet supplies, photographic equipment
and supplies, sewing supplies, sporting goods, toys, wearing apparel and accessories,
appliances, bicycles, business machines, jewehy.
(2) Business and Professional uses including, but not limited to:
* Interior decorating, medical and dental clinics, medical and dental laboratories,
photographic studios, printing and publishing, professional offices.
(3) Contractor's Offices, including but not limited to:
* Air conditioning, general contractor, electrical, painting, and plumbing; however, any outside
storage of materials is prohibited.
(4) Services and Facilities including, but not limited to:
* Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on-site
processing for customer pickup only, dry cleaning and laundry pickup stations, financing e.g.
banks and similar institutions including drive-through facilities, laundromats limited to
self-service facilities, pet grooming, restaurants including drive-in and drive-through,
tailoring, tobacconist, vocational schools limited to arts and crafts, business, beauty,
dancing, driving, gymnastics, photography, modeling, and karate-judo, small item repair, and
rental of sporting goods and equipment (such as but not limited to bicycles, skates, boogie
boards).
* Abused spouse residence with forty (40) or fewer residents, galleries, broadcast studios, butcher
shops, cocktail lounges, exercise facilities e.g. gyms and clubs, indoor shooting ranges,
2
ORD. NO. 8-07
museums, libraries, newsstands, commercial or public parking lots and parking garages,
theaters excluding drive-ins.
(5) Dwelling units in the same structure as commercial uses provided that: commercial uses must
be provided on the ground floor; commercial uses on the ground floor must occupy no less than 25% of the
total structure excluding square footage devoted to vehicular use; residential uses are not located on
the ground level; residential uses and non-residential uses are physically separated and have separate access
ways; and the residential density does not exceed 12 units per acre, except the Four Comers District which may
have a free standing residential building as part of a multi-building unified master plan or the residential
component may be a part of a single mixed use building. The density of the Four Comers Master Plan shall not
exceed 30 dwelling units per acre and is subiect to the provisions under Section 4.4.9 (G)(2)(d)(4).
(6) Astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists,
numerologists and mental healers, subject to the locational restrictions of Section 4.4.9(H)(3).
(7) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(1).
(C) Accessorv Uses and Structures Permitted: The following uses are allowed when a part of, or
accessory to, the principal use.
(1) Parking lots;
(2) Refuse and seIVice areas;
(3) Provision of services and repair of items incidental to the principal use;
(4) Storage of inventory either within the same structure as where the sale of goods occurs or in a
separate structure on the same parcel provided that such storage facilities are not shared or leased
independent of the primary commercial use of the site;
(5) Single family detached dwellings for residence by business owners, proprietors, or employees.
(D) Conditional Uses and Structures Allowed: The following are allowed as conditional uses within the
GC District, except as modified in the North Federal Highway Overlay District by Section 4.4.9(G)(1) and
excevt as modified in the Four Corners Overlav District bv Section 4. 4. 9 (G) (2) (c ).
(1) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section
4.3.3(D).
(2) Amusement game facilities.
(3) Wash establishments or facilities for vehicles.
3
ORD. NO. 8-07
(4) Child Care and Adult Day Care.
(5) Clubs and Lodges; social, fraternal, and recreational not exceeding 3,500
sq. ft. of gross floor area.
(6) Drive-in Theaters.
(6) Flea Markets, bazaars, merchandise marts, and similar retail uses.
(7) Funeral Homes.
(8) Gasoline Stations or the dispensing of gasoline directly into vehicles.
(9) Hotels and Motels.
(10) Free-standing multiple-family housing subject to the requirements of the RM District except
for setback and height requirements which shall be pursuant to this Section.
(11) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf
courses, skating rinks.
(12) Sales and service of All Terrain Vehicles and personal watercraft (waverunners, jet
skis), with no outside display, outside storage or outside service.
(13) Vehicle care limited to the changing of oil and filters, and lubrication with no mechanical work or
outside storage of vehicles except as a part ofa gasoline station.
(14) Veterinary Clinics
(15) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in
Section 4.3.3(1).
(16) Adult Gaming Centers.
(17) Churches or places of worship, and their attendant Sunday school, recreational and
columbarium facilities not exceeding 3,500 square feet of gross floor area. The foregoing does not allow
establishment of educational and care uses such as elementary school and general day care.
(18) Multiple family residential development may exceed twelve (12) units per acre, up to a
maximum of eighteen (18) units per acre within the Infill Workforce Housing Area, subject to the
provisions of Section 4.4.6(1), and Article 4.7, and subject to the requirements of the RM District except for
setback and height requirements, which shall be pursuant to this Section.
4
ORD. NO. 8-07
(E) Review and Approval Process:
In established structures, uses shall be allowed therein upon application to, and approval by, the Chief
Building Official for a certificate of occupancy.
For all new development, site plan approval must be granted by the Site Plan Review and Appearance
Board pursuant to Sections 2.4.5(F), (G), (1), except for development in the Four Comers Overlay District which is
subiect to the provisions of Section 4.4.9(E)(4) below.
Conditional uses must be approved pursuant to the provisions of Section 2.4.5 (E).
All Development within the Four Comers District shall be governed by a Master Development
Plan (MDP). The MDP shall consist of a narrative; a land use map; conceptual site plan,
landscaping, and utility plans; and conceptual elevations and architectural information. A
MDP shall be processed pursuant to Section 2.4.5(F) with approval granted by the Planning and
Zoning Board. A MDP may be modified pursuant to Section 2.4.5(G). Any new development
approval must be granted by the Site Plan Review and Appearance Board with respect to Sections
2.4.5(F), (H), and (1) and be consistent with the approved Master Development Plan (MDP). A site plan
modification shall follow procedures outlined in Section 2.4.5(G).
(a) Applications for site plan approval pursuant to Section 4.4.13(1) must include, in
addition to the standard application items of2.4.3(A), a site and development plan (including
landscaping, elevations, and floor plans) that is of sufficient detail to determine that the
applicable performance standards are being met. Final approval of the detailed site plan is
by the Site Plan Review and Appearance Board and is to be consistent with adopted
(MDP).
(b) Waivers and internal adiustments to these standards may be approved by the Planning and
Zoning Board concurrent and as a part of the approval of a Master Development Plan (MDP).
(c) When considering a Master Development Plan (MDP) in the Four Comers Overlay, the
Planning and Zoning Board may attach suitable conditions, safeguards, and stipulations to
address the specific characteristics of the site and potential impacts of the proposed
development.
(Ii) Development Standards: The development standards set forth in Section 4.3.4 shall apply except
as modified below:
(1) Ifthere is no vehicular access available to the rear of any structure, a side setback often feet (10')
shall be provided. For a side interior lot, a ten foot (10') setback is required only on one (1) side.
5
ORD. NO. 8-07
(2) North Federal Hi!!hwav Area: The following development standard shall apply to parcels which
have frontage on North Federal Highway or the North Federal Highway one-way pairs (N.E. Sth Avenue and
N.E. 6th Avenue) between N.E. 4th Street and the north City limits.
(a) Parcels shall have a minimum front building setback offive feet (S') measured from the
ultimate right-of-way line. The maximum setback shall be fifteen feet (IS'), unless it can be
demonstrated to the Site Plan Review and Appearance Board that it is not feasible to
comply with this standard.
(3) Four Corners Overlay District: The following development standards shall apply to parcels within
the Four Comers Overlay District:
(a) Minimum Site Area:
1. Minimum site area for the total development within the Four Comers Overlay District
is to be four (4) acres. However. the approving body for the Four Comers Overlay may
grant a waiver to the four acre requirement upon a determination that the development is
consistent with the purpose and intent of the Four Comers Overlay District and attempts
have been made to aggregate adjacent parcels. Evidence must be provided that
aggregation is not feasible.
(b) Minimwn Floor Area:
1. Residential units are subject to the minimum square footage per unit requirements of
LDR Section 4.3.4(K) (Development Standards Matrix for Residential Zoning Districts -
Subnote #1).
(c) Lot Coverage:
.L. Lot coverage by building. pavement and hardscape site
improvements shall not exceed 7S% of the area of development of any individual lot.
Cd) Perimeter Buffers:
.L. A landscape buffer shall be provided around the perimeter of
each parcel within the development pursuant to the applicable buffers as listed below
in this section. Parking. structures. perimeter roadways. and other paving is not
permitted within this buffer except for bicycle paths. sidewalks. jogging trails. and
driveways or access streets which provide ingress and egress for traffic and which
are generally perpendicular to the buffer. The width of the buffer shall be the smaller
distance of either the dimensions below or 10% of the average depth of the property;
however. in no case shall the landscape area be a width of less than ten (10) feet:
6
ORD. NO. 8-07
a. When adiacent to a collector or arterial street
b. When abutting residentially zoned property
c. When adiacent to but separated from residentially zoned
property by a street. waterway. alley. railway or park
d. When abutting non residentially zoned property
e. When commercial and/or office uses abut residential parcels
within the Four Comers Overlay master development plan.
30 feet
40 feet
25 feet
25 feet
25 feet
(e) Building Height:
1. Buildings shall be allowed to a maximum height of sixty feet (60) on parcels of four
acres or more and a maximum of 48' for parcels less than four acres.
(f) Setbacks:
1. Atlantic Avenue / Military Trail Frontage: To the greatest extent possible buildings
shall be placed at the minimum setback of thirty (30) feet to a maximum building height of
42'. Thereafter. additional setbacks for the portion of the building exceeding 42' shall be a
minimum of an additional 1 0'.
2. If a Master Plan consists of multiple parcels. the setback from the internal parcel lines shall be
25 feet.
3. Master Development Plan (MDP) perimeter non-frontage setbacks shall be consistent with
the applicable perimeter buffers as specified in Sections (F)(3)( d)
(G) Supplemental District Reeulations: In addition to the supplemental district regulations set forth
in Article 4.6, the following supplemental district regulations shall apply in the GC District.
(1) North Federal Hiehway Overlay District: The following supplemental district
regulations apply to the North Federal Highway Overlay District, as defined in Section 4.5.7.
(a) In addition to the uses listed in 4.4.9{D), the following light industrial uses are
allowed as conditional uses:
Fabrication and/or assembly of manufactured materials or parts for distribution or
sale, such as sheet metal, sign shops, glass shops, electronics, cabinet and
furniture making.
The wholesaling, storage and distribution of products and materials.
Self service storage facilities that comply with subsection (c) below.
7
ORD. NO. 8-07
(b) All uses listed under subsection (a) above must:
1. Operate in conjunction with a permitted service or retail use that is located on
the premises;
2. Maintain a commercial facade along North Federal Highway, with the light
industrial aspect of the business oriented toward Dixie Highway;
3. Operate within an enclosed building, with no outside storage;
4. Orient overhead doors away
where eXIstmg, or where the
not feasible to comply; and,
from adj acent
approving body
rights-of-way,
determines that
except
it is
5. Along the property line adjacent
landscape buffer consIstmg of a 4'
25 feet on center to form a solid tree line.
to Dixie Highway, provide a
high hedge, and trees planted
c) In addition to subsection (b) above, any self service storage facility shall comply with the
following. The following regulations supersede Section 4.3.3(A).
1 Lot Area:
(a) The minimum lot area is 1.5 acres and the maximum lot
area is 3 acres.
d) Facilities and Requirements:
1 . Outdoor bay type
face a street IS
shall be designed
adjacent roads.
access to individual self-storage units that
prohibited. The exterior loading access points
in such a way to minimize sight lines from
2. No building shall exceed forty-eight feet (48') in height.
3. Parking shall be provided at the rates set forth in Section 4.6.9
for the permitted service, office and retail uses and for self-
storage uses, parking shall be at a rate of one (1) parking
space per 100 storage units or portion thereof, including: (a) a
minimum of three (3) loading spaces for the self-service
storage facility that must be striped and signed to limit the time
for loading and unloading to one (1 ) hour; and in addition (b)
three and one-half (3.5) spaces for each 1,000 square feet of
8
ORD. NO. 8-07
accessory office use associated with the
Notwithstanding the above, a minimum of
spaces other than loading spaces shall
connection with the self-storage use.
self-storage use.
five (5) parking
be provided in
4. At least 2,500 square feet
to at least one additional
limiting the foregoing.
eating and drinking
of ground floor area shall be devoted
principal retail or service use without
The additional principal uses may be
establishments, retail or personal service.
(e) Limitation of Uses:
1. Activities not related to the rental or lease of self-storage units shall not
be conducted within the self service storage facility area, unless
specifically permitted through the conditional use process.
2. Except as otherwise provided in subsection (c), no business or activity
other than self storage shall be
conducted from any self-storage unit in the facility. Examples of
prohibited uses include, but are not limited to the following: the servicing,
repair and/or restoration of automobiles, boats, recreational vehicles,
and/or restoration of automobiles, boats, recreational vehicles,
lawnmowers and the like; moving and self-storage companies; cabinet
making and wood working (whether personal or professional);
personal hobbies and arts and crafts; and any other activity unless
specifically permitted through the conditional use process.
3. Except as otherwise provided in this subsection (c), there shall be no
electrical power provided to, or accessible from any individual self-
storage units. This includes the provision of lighting fixtures to the
interior of a self-storage unit, unless specifically addressed in the
conditional use approval. The use of portable generators is also
prohibited.
4. The use or storage of any hazardous materials is prohibited.
5. The terms and conditions of this section shall be clearly expressed in
all self-storage rental or leasing contracts, as well as conspicuously
displayed in plain view on a sign no smaller than one foot (T) by two
feet (2') in the leasing office at the facility.
(f) On-Site Manager: An on-site manager shall be employed at the facility during
all hours of operation.
9
ORD. NO. 8-07
(g) Hours of Operation: Customers of the self service storage facility may not
access individual self-storage units before 5:00 a.m. or any later than 9:00
p.m. Hours of operation may be further restricted when it is deemed that
morning and evening traffic into and out of the facility may negatively impact the
character of an adj acent residential area. In no circumstance shall customers of
any self service storage facility have 24 hour access to their self-storage unites).
@ Landscape Requirements: In addition to all applicable landscape
requirements and other special prOVISIons pursuant to the individual
zone district, a mInImUm ten foot (10') landscape buffer shall be
required adjacent to Federal Highway and Dixie Highway and a
mInImUm five foot (5') landscape buffer shall be required along all
property lines that do not abut a roadway.
(i) Outdoor Storage of vehicles. Boats & Truck Rental: Outdoor
storage of boats and vehicles and truck rental is prohibited.
(i) Architecture: All self service storage facility buildings must comply
with the following architectural standards.
1. Building facades visible from the public right-of-way shall have
the appearance of a service and/or retail building through the
use of doors, windows, awrungs, and other appropriate building
elements.
2. Exterior building material shall be stucco or a similar material.
3. Buildings that can accommodate two or more stories shall be
designed where facing a street to have the appearance of a
multi-story building through the use of windows, doors,
awnings, canopies or other appropriate building elements.
4. Building facades facing a public right-of-way must have
minimum transparency consIstmg of windows that
visibility from the public right-of-way from the interior.
a 15%
provide
5. Detailed building elevations shall be submitted pnor to the
Conditional Use public hearing.
10
ORD. NO. 8-07
(k) Location: A self service storage facility shall not be located within
a radius of 1,000 feet of another existing self service storage
facility.
(2) Four Corners Overlay District: The following supplemental district regulations apply
to the Four Comers Overlay District. as defined in Section 4.5.13.
(a) The permitted uses shall be those uses listed in Sections
4.4.9(B)(1.2.4.5).
(b) The accessory uses shall be those uses listed in Section (C).
(c) The conditional uses shall be those uses listed in Sections (D)(1,3.4,10,12,15).
(d) Standards Pertaining to Allocation of Uses:
1. Office uses can encompass uv to one hlU1dred percent (100%) of the total building
square footage within a F our Comers Overlay master development plan.
2. Retail uses shall not encompass more than one hlU1dred percent (100%) of the total
building area square footage of the Four Comers Overlay master development Vlan.
3. Hotels. motels. and residential all suite lodging shall not encompass more than 20%
ofthe total building area square footage ofthe Four Comers Overlay master
development plan. Notwithstanding the above. hotels. motels and residential all suite
lodging can comvrise 100% of the floor area of an individual building within a MDP
containing multiple buildings.
4. Multi-familv Dwelling Units: Multi-family uses excluding duplexes subject to
(a)(b)( c)( d)( e) below. ranging in density not to exceed 30 units per acre subject to the
following;
a. Residential units may comprise 75% of the total floor area ofthe development
master plan at a maximum density of (30) units per acre and only when proposed as
part of a mixed-use development containing office and/or commercial uses.
b. Residential developments must include a minimum of 20% workforce units
consisting of moderate income workforce units as defined by Article 4.7
FamilylW orkforce
c. Workforce units shall be subject to general provisions of Article 4.7.6. 4.7.7.
4.7.8.4.7.9. and 4.7.10.
11
ORD. NO. 8-07
d. For mixed-use developments, the shared parking provisions ofLDR Section
4.6.9. (C)(8) shall be allowed.
e. All residential developments shall be subiect to the Performance Standards of
4.4.13(1)(2)
(e) Standards Unique to the Four Comers Overlay District:
Where standards unique to the Four Comers Overlay District conflict with standards contained
elsewhere in the zoning, subdivision,
and landscape codes, the standards of this Subsection shall apply.
(1 ) Lot Coverage & Open Space:
(a) Land area equal to at least 25% of the individual Four Comers Overlay
District Master Development Plan (MDP) including the perimeter landscaped
boundary, shall be in open space. Landscape areas required to meet
internal parking lot design requirements, water bodies and paved areas shall
not be included in the meeting of this 25% open space requirement.
(2) Minimum Structure Size: Any free-standing non-residential principal structure shall
have a minimum floor area of 4,000 square feet: shall be architecturally consistent
with other structures in the master development plan; and shall have direct access
to and from other portions of the Four Comers Overlay development.
(3) Office and Commercial Floor Heights shall be a minimum of twelve feet (12') floor to
floor on the first floor and ten (10') floor to floor on all floors above. Residential uses shall have
a minimum nine feet (9') floor to floor on all floors. Hotel. motel and residential all suite
lodging shall have a minimum of eight feet six inches (8' 6") floor to floor on all floors.
Auxiliary and service rooms, such as, garages, restrooms, closets, laundry rooms, dressing
rooms, storage rooms, mechanical. electrical. and plumbing equipment rooms are exempted
from the floor height regulations.
(II) Special RCl!Ulations:
(1) The first ten feet of the front yard setback which is adjacent to a right-of- way shall be a
landscaped area, except within the North Federal Highway Area as defined in 4.4.9(F)(2), which is subject
to the special landscape setbacks of Section 4.3.4(H)(6)(b), and the Four Comers Overlay district which is
subiect to special landscape buffers under Section 4.4.9 (F)(3)( d).
Within the required front landscape area, no paving shall be allowed except for driveways and walkways
which shall be generally perpendicular to the property line.
(2) Any outdoor display of sporting goods and equipment for rent is subject to the restrictions set
12
ORD. NO. 8-07
forth in Section 4.6.6(C)(3).
(3) Astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists,
numerologists and mental healers are limited to the geographical areas along N.E. and S.B. 5th and 6th Avenues
(Federal Highway pairs), between S.E. 10th Street and S.E. 3rd Street, and between N.E. 4th Street and N.E. 7th
Street, and shall be limited to no more than one of each business every three hundred feet (300'), measured in a
straight line from lot line to lot line.
(4) 24-Hour or late night businesses as defined herein must be processed as a conditional use and are
subject to the provisions of Section 4.3.3(VV).
(5) No Clubs and Lodges (social, fraternal and recreational) or Church or Places of Worship
shall be located closer than seven hundred and fifty (750) feet from another such facility measured from lot
line to lot line boundary along a straight airline route.
Section 3. That Section 4.4.12, "Planned Commercial (PC) District," 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:
Section 4.4.12 Planned Commercial (PC) District:
(A) Purpose and Intent: The Planned Commercial (PC) District provides for retail, office,
and other commercial activities to be established on large sites in a well planned, functional, and
aesthetically pleasing manner. Residential uses may also be permitted as part of a mixed-use development
within the Four Comers Overlay District, provided at least 20% ofthe units are workforce housing units
which comply with the provisions of Article 4.7, "Family/Workforce Housing." The maximum density is
thirty (30) units per acre. The actual density will be based upon the development's ability to achieve the
performance standards of Section 4.4.13(1)(2). The PC District shall be applied to properties designated as
commercial on the Future Land Use Map where the unified development is, or will be, in excess of five
(5) acres; or when it is appropriate to preserve the character of certain specialty retail and office centers; or
to ensure that certain high visibility areas are attractively developed.
(B) Principal Uses and Structures Permitted: The following types of use are allowed within
the PC District as a permitted use, except within the Four Comers Overlay District which shall be
pursuant to Section 4.4.9(G)(2)(a):
(1) All uses allowed as such within the GC District [Section 4.4.9(B)(1)
through (5)].
(2) Automobile brokerage, including vehicle display within an enclosed
structure, but excluding any preparation, service, or repair work.
13
ORD. NO. 8-07
(C) Accessory Uses and Structures Permitted: The following uses are allowed when a part
of, or accessory to, the principal use except within the Four Comers Overlay District which shall be
pursuant to Section 4.4.9(G)(2)(b ):
(1) Parking lots.
(2) Refuse and service areas.
(3) Provision of services and repair of items incidental to the principal use.
(4) Storage of inventory either within the same structure as where the sale of
goods occurs or in a separate structure on the same parcel provided that such storage facilities are not
shared or leased independent of the primary commercial use of the site.
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the PC District except as modified in the LindelllFederal (Redevelopment Area
#6) Overlay District by Section 4.4. 12(G) and within the Four Comers Overlay District which shall be
pursuant to Section 4.4.9(G)(2)(c):
(1) All uses allowed as such within the GC District [Section 4.4.9(D)].
(2) Playhouses, Dinner Theaters, and places of assembly for commercial
entertainment purposes (e.g., concerts, live performances)
(3) Private schools and other similar educational facilities, subject to Section
4.3.3(HHH).
(4) Adult Gaming Centers.
(E) Review and Approval Process:
(1) In established structures, uses shall be allowed therein upon application to,
and approval by, the Chief Building Official for a certificate of occupancy.
(2) For any new development, approval must be granted by the Site Plan
Review and Appearance Board pursuant to Sections 2.4.5(F), 2.4.5(H), and 2.4.5(1).
(3) Conditional uses must be approved pursuant to the provisions of Section
2.4.5(E).
14
ORD. NO. 8-07
(4) A Master Development Plan may be processed for large scale or phased
projects.
(5) All development within the Four Comers Overlay District shall comply with
the provisions of Section 4.4.9(E)( 4 ).
(F) Development Standards: In addition to the development standards set forth in Section
4.3.4, the following shall apply, except within the Four Comers Overlay District which shall be pursuant
to Section 4.4.9(F)(3):
(1) Special Landscape Area: Within the first ten feet (10') of the front yard
setback area (abutting the property line) full landscaping shall be provided. Driveways and sidewalks
shall be accommodated only when generally perpendicular to the property line.
(2) Any free-standing structure shall have a minimum floor area of 6,000 square
feet; shall be architecturally compatible with other structures, shall take access from the interior
circulation system of the development and shall be able to meet all code requirements if it were to be
situated on an outparcel. Architectural compatibility shall be determined pursuant to Section 4.6.18.
(G) Supplemental District Regulations: In addition to the supplemental district regulations
set forth in Article 4.6, the following shall apply:
(1) Development within the LindellIFederal Redevelopment Area Overlay District
(Redevelopment Area #6) shall be consistent with the provisions contained within the adopted
Redevelopment Plan for the area, as particularly described under the chapter entitled "Section 4: Plan for
Future Development."
(2) Within the portion of the Redevelopment Area that is bounded by Dixie Highway
on the west, the C-15 canal on the south, Federal Highway on the east, and Avenue K (extended) on the
north, multiple family residential development with densities of up to 16 units per acre is allowed as a
conditional use, subject to the provisions ofLDR Section 4.4.6 RM (Medium Density Residential) Zoning
District, subsection (I), Performance Standards, and based upon the development's conformance with the
applicable standards and criteria described within the adopted Redevelopment Plan.
(3) Dwelling units are permitted within the same structure as commercial uses with no
restriction on the percentage of each use allowed. In the event that residential and nonresidential uses are
located in the same structure, residential uses and nonresidential uses must be physically separated and
have separate accessways.
15
ORD. NO. 8-07
(4) All development within the Four Comers Overlay District shall also comply with
the provisions of Section 4.4.9(G)(2)(d) and (e).
(H) Special Reeulations:
(1) Where it is appropriate to limit the type, character, or intensity of use within a PC
development, this may be accomplished by affixing the added designation of"S" (Small Scale) to the PC
designation (i.e. PC-S). In such designated development, the maximum floor area which can be allocated
to a single tenant or specific use, singularly or in the aggregate, shall not exceed 60,000 square feet. (e.g.
although retail sales may exceed 60,000 sq.ft., the retail sale of home furnishings shall not exceed 60,000
sq.ft.).
(2) 24-Hour or late night businesses as defined herein must be processed as a
conditional use and are subject to the provisions of Section 4.3.3(VV).
(3) No Clubs and Lodges (social, fraternal and recreational) or Church or Places of
Worship shall be located closer than seven hundred and fifty (750) feet from another such facility
measured from lot line to lot line boundary along a straight airline route.
Section 4. That Section 4.5.14, "Four Comers Overlay District," of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby
enacted to read as follows:
Section 4.5.14 Four Corners Overlay District
(A) Defined: The Four Comers Overlay District is hereby established as the area located at the four
comers of the intersection of West Atlantic Avenue and Military Trail. The Overlay District includes both
GC (General Commercial) and PC (Planned Commercial) zoned properties. All development within the
overlay district is subiect to special provisions included within the GC and PC zoning district regulations.
Section 5. That should any section or provision ofthis ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 6. That 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.
16
ORD. NO. 8-07
PASSED AND ADOPTED in regular session on second and final reading on this the
_day of ,200_
ATTEST
City Clerk
First Reading
Second Reading
17
MAYOR
ORD. NO. 8-07
MEETING DATE: FEBRUARY 26, 2007
AGENDA NO: IV.H.
AGENDA ITEM: CONSIDERATION OF AMENDMENTS TO LAND DEVELOPMENT
REGULATIONS SECTION 4.5.14, "OVERLAY AND ENVIRONMENTAL
MANAGEMENT DISTRICTS", SECTION 4.4.12 "PLANNED
COMMERCIAL DISTRICT" AND SECTION 4.4.9 "GENERAL
COMMERCIAL DISTRICT" RELATED TO THE CREATION AND
IMPLEMENTATION OF THE FOUR CORNERS OVERLAY DISTRICT.
The item before the Board is that of making a recommendation to the City Commission
t~gardjng amendments to the Land Development Regulations related to the creation of the Four
Comers Overlay District.
PLfrsuant to LDR Section 1.1.6 (A), the text of the LDR may from time to time be amended,
changed, supplemented, or repealed. No such action, however, shall be taken until a
recommendation is obtained from the Planning and Zoning Board and until a public hearin'g has
be-en held by the City Commission. Any such change shall be made by ordinance, pursuant to
procedures found in LDR Section 2.4.5(M).
The' City-initiated amendments to the Land Development Regulations are being processed to
further the policies in the Comprehensive Plan which call for the streamlining of land
development processes, implementation of innovative development practices a'nd the proVision
of a variety of housing types including workforce housing opportunities. The amendments also
implement the adopted Florida Public Officials Design Institute's report that encourages mixed-
use development, including office, commercial and residential uses utilizing new urbanism
design elements. This report was generated on December 9th and 10th of 2004, by the Florida
Public Officials Design Institute of Abacoa (a collaboration of Florida Atlantic University Center
for Urban and Environmental Solutions and South Florida Community Leaders) for the four
cOrners site which includes the four commercial nodes at the intersection of West Atlantic
Avenue and Military Trail. The Institute published the development recommendations in a
"Design Institute Report". The Design Institute's recommendation for the four corners site was
that a master plan in which this site would be connected as part of a cohesive development of
the intersection be prepared. The report included recommendations that the development mass
be increased at the corners and that incentives be implemented to provide mixed-use
development, including workforce housing. SpeCific recommendations included:
· Future development should highlight opportunities for a transit orientated development
(TOD) which includes mixed-use development; (TOD is usually a mixed-use development
including moderate to high density housing that emphasizes a pedestrian orientated
environment and encourages the use of public transportation);
· Encourage mixed-use development with commercial or office on the ground floor and
residential above while utilizing new urbanism design elements;
· Encourage adaptive reuse of existing structures and implement zoning changes which
promote mixed-use; and
IV.A.
Planning and Zoning Board Memorandum Staff Report, February 26, 2007
Four Corners Overlay District - LDR Text Amendments
. Overall focus for the sites should be to distinguish this intersection from others along the
Military Trail corridor.
the attached recommended LDR changes are proposed to implement these recommendations.
the amendments create an overlay district which is to be placed over the commercially zoned
properties (GC and PC) at the West Atlantic Avenue and Military Trail intersection. The overlay
district will encourage mixed-use development, identify permitted, conditional, accessory and
supplemental uses allowed, establish maximum thresholds for each type of use, establish
review and approval processes and provide specific development standards. The amendment
creates and delineates the overlay district under LDR Section 4.5.14, and provides for uses and
related development standards under LOR Section 4.4.9.and Section 4.4.12.
The primary function of the overlay district is to provide for a mix of office, commercial and
residential uses, including workforce housing. Office and General retail uses, including direct
support services and other retail uses, would be allowed at 100% of the overall building square .
footage. Multifamily development, up to a maximum density of 30 units per acre, and limited to
a maximum of 75% of total Quilding square footage, is proposed. A minimum of 20% of these
residential units are to be workforce housing units; are to be moderately priced units; and are
subject to LDR Article 4.7. Buildings are permitted to be a maximum height of 60 feet. Office
and commercial floor heights are to be a minimum of 12 foot floor to floor on the ground floor
with 10' above; and residential floor height is to be 9 feet floor to floor.
this district is to be applied to properties Which have Planned Commercial and General
Commercial zoning designations and are generally located at the intersection of Military Trail
and West Atlcmtic Avenue.
L.bR~ec.tl()n2.4.5(Ml(5)(Flndln(lsl: Pursuant to LDR Section 2.4.5(M}(5} (Findings), In'
addition to LDR Section 1.1.6(A},the City Commission must make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
.Comprehensive Plan.
The Goals, Objectives and Policies of the City's Comprehensive Plan were reviewed and the
following objectives and policy were found.
Future Land Use Element Obiective A-5
The City shall maintain its Land Development Regulations, which shall be regularly
reviewed and updated, to provide streamlining of processes and to accommodate
planned unit developments (PUD), mixed-use developments, and other innovative
development practices.
This overlay district is being created to encourage mixed-use development of this prominent
intersection within the City Of Delray Beach. This is to be achieved through innovative
incentives including increased height and densities.
2
Planning and Zoning Board Memorandum Staff Report, February 26, 2007
Four Corners Overlay District - LOR Text Amendments
Housina Element Obiective B-2
Redevelopment and the development of new land shall result in the provision of a variety
of housing types which shall continue to accommodate the diverse makeup of the City's
demographic profile, and meet the housing needs identified in this Element. Policies
Which will implement this objective include:
the introduction of housing options .to this overlay area presents a great option to provide a
variety of housing types with an emphasis on workforce housing.
Housintl Element Obiective B-1
The City's existing housing supply accommodates households having a wide range of
economic ability. There is very little vacant land left, especially large tracts, for new
housing development. Through its housing programs, the City shall work to ensure that
there continues to be an adequate supply of housing to accommodate very low, low, and
moderate income households, as well as manufactured and mobile homes.
HousinaEletnent Obiective J3-2
Re'd~velopment 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 proposed amendment will further these objectives. The goal of the amendment is to
encourage mixed uses, including the provision of housing which is affordable to moderate
income households through the use of incentives Le. greater densities and increased height.
Based on the above, a positive finding can be made that the amendments are consistent with
and further the Goals, Objectives, and Policies of the Comprehensive Plan.
Courtesy Notices:
Given the nature of this amendment a general notice to the following groups was given.
· Neighborhood Council
· PROD
· Presidents Council
· Sunset Pines
· Lees Crossing
· The Hamlet
Letters of objection and support, if any, will be provided at the Planning and Zoning Board
meeting.
The City-initiated amendments to LOR Section 4.5.14, Section 4.4.9, and Section 4.4.12
implement policies of the Comprehensive Plan and initiatives of the Florida Public Officials
Design Institute report which encourages establishment of mixed-use development of the Four
Corners Area. Further, the amendments will include the development of workforce and transit
oriented housing development as part of future mixed-use developments.
3
Planning and Zoning Board Memorandum Staff Report, February 26, 2007
Four Corners Overlay District - LDR Text Amendments
Move a recommendation of approval to the City Commission for amendments to the Land
Development Regulations, as it relates to the Four Corners Overlay District, 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
1.1.6(A) and 2.4.5(M) of the Land Development Regulations.
Attachments:
· Proposed LDR Section 4.4.9
· Proposed LDR Section 4.4.12
· Proposed LDR Section and 4.5.14
4
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MEMORANDUM
FROM:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGER t!rL1
AGENDA ITEM # 10, J - REGULAR MEETING OF MARCH 20. 2007
ORDINANCE NO. 13-07
TO:
SUBJECT:
DATE:
MARCH 16, 2007
This ordinance is before Commission for second reading for a city initiated amendment to the Land
Development Regulations (LDR) Section 8.5.1, "Establishment of Public Arts Program", Subsection
8.5.1(C), "Ownership and Maintenance", and Section 8.5.2, "Public Art Advisory Board", to provide
clarification as to the use of funds for the Public Arts Program.
At the first reading on March 5, 2007, the Commission passed Ordinance No. 13-07.
Recommend approval of Ordinance No. 13-07 on second and final reading.
S:\City aerk\AGENDA COVER MEMOS\OnIinance Agenda Memos\Ord 13-07 Amend LDR Sec,8,5.1 Establishment of Public Arts Program 03.20.07.doc
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FROM:
Di9~
.,y~.L.~~rrING, AI
~.H~G
CP, PRINCIPAL PLANNER
TO:
THRU:
SUBJECT: MEETING OF MARCH 5, 2007
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDRS) SECTION 8.5.1, "ESTABLISHMENT
OF PUBLIC ARTS PROGRAM", SUBSECTION 8.5.1(C), "OWNERSHIP AND
MAINTENANCE;" AND SECTION 8.5.2, "PUBLIC ART ADVISORY BOARD,"
TO PROVIDE CLARIFICATION AS TO THE USE OF FUNDS FOR THE
PUBLIC ARTS PROGRAM.
The item before the City Commission is approval of a City-initiated amendment to Land
Development Regulations Article 8.5, "Public Arts Program," to provide clarification as to the use
of funds for the program.
The purpose of the Public Arts Program is to enhance the diversity, character, and heritage of
the City through the integration of artworks and designs by artists into the architecture, streets
and landscape throughout the City of Delray Beach. The program was established by Ordinance
77-04, adopted by the City Commission on February 1,2005.
The purpose of this City-initiated amendment is to provide clarification that monies generated by
the Public Arts Program may be used to fund art placed on private as well as public property.
Provisions have been added to require that art placed on private property, which is funded by
the program, be clearly visible by the public, and that an agreement be executed between the
City and the property owner. Since opportunities to place public art at highly visible locations on
private property, (e.g., a mural on the wall of a building facing a public roadway), might arise in
the future, this clarification is necessary for the Public Art Advisory Board in making its
recommendations to the City.
By providing clarification that funds generated by the Public Arts Program may be used to fund
art on private as well as public property, this amendment will provide additional opportunities for
the placement of art in the City. The proposed amendment is consistent with and furthers the
Goals, Objectives and Policies of the Comprehensive Plan which acknowledges the role of
Culture and the Arts in Economic Development.
The text amendment was considered by the Planning and Zoning Board on February 26, 2007.
No one from the public spoke on the issue. The Board discussed the Ordinance and
recommended approval on a 5 to 0 vote (Halberg and Zacks absent), by adopting the findings of
fact and law contained in the staff report and finding that the amendment is consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development
Regulations.
/2.~
City Commission Meeting of March 5, 2007
Amendment to LDRs Pertaining to the Public Arts Program
Page 2
By motion, approve on first reading Ordinance No. 13-07, amending LDR Section 8.5.1,
"Establishment of Public Arts Program, Subsection 8.5.1 (C), "Ownership and Maintenance;" and
Section 8.5.2, "Public Art Advisory Board," to provide clarification as to the use of funds for the
Public Arts Program, by adopting the findings of fact and law contained in the Staff Report and
finding that the request is consistent with the Comprehensive Plan and meets the criteria set
forth in LDR Section 2.4.5(M)(5) of the Land Development Regulations, with second reading to
occur on March 20, 2007.
Attachments:
. Ordinance No. 13-07
. Planning & Zoning Staff Report of February 26, 2007
ORDINANCE NO. 13-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES,
BY AMENDING SECTION 8.5.1, "ESTABLlSHMENT OF PUBLIC
ARTS PROGRAM", SUBSECTION 8.5.1 (C), "OWNERSHIP AND
MAINTENANCE"; SECTION 8.5.2, "PUBLIC ART ADVISORY
BOARD" TO PROVIDE CLARIFICATION AS TO THE USE OF
FUNDS FOR THE PUBLIC ART PROGRAM; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board
reviewed the proposed text amendment at a public hearing held on February 26, 2007,
and voted 5 to 0 to recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning
Board, sitting as the Local Planning Agency, has determined that the change is
consistent with and furthers the goals, objectives and policies of the Comprehensive
Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings
in the Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance
is consistent with the Comprehensive Plan; and
WHEREAS, the public will benefit from art placed on private property that is either
accessible by the public or can be viewed from the public right of way; and
WHEREAS, by placing public art on private property in certain locations where
public property is not available, the public will benefit.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 8.5.1, "Establishment of Public Arts Program",
Subsection 8.5.1 (C), "Ownership and Maintenance", 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:
(C) Ownership and Maintenance:
(1) The City will own all the rights to the art produced under the Public Arts Program
that is placed on public or City owned property, subject to the provisions of the Visual Artists
Rights Act of 1990. All contracts with artists and all art purchases will require the artist to waive
the following restrictions:
(i) Photographic reproduction rights;
(ii) Right to remove/relocate art;
(iii) Right to repair art in case of emergency.
Artist will retain the copyright and the right to be notified if the work is to be destroyed, or
modified or radically repaired on a nonemergency basis.
(2) City will retain ownership of proposal models or drawings of commissioned art.
(3) Maintenance will may be the responsibility of the City.
(4) If the City contributes funds for art that is placed on private property and does not
hire the artist to perform the work, paraqraph (1) above shall not apply. If the City hires the
artist to perform the work on private property then paraqraph (1) shall apply. However, if the
City contributes funds for an art proiect that is located on private property, an aqreement must
be executed between the City and the property owner that sets forth the followinq:
Who will maintain the artwork;
The standard in which it will be maintained;
What riqhts. if any. that the City or some other third party will have reqardinq access to
the artwork;
What remedies the City may have if the property owner fails to maintain the artwork in
the manner set forth in the aQreement;
The location of the artwork and requirements that nothinQ may be placed in front of the
artwork to shield its view from the public;
The riqhts the public has to view or access to the artwork:
The time period in which the artwork will remain at the location set forth in the aQreement
and provisions for reimbursement of city funds. if required. if the artwork is removed prior
to that time period;
Once the required time period for the artwork to remain on the property. as set forth in
the aqreement. has expired and if the artwork is owned by the City. the City shall remove
2
ORD. NO. 13-07
the artwork; if the artwork is not owned by the City. the City will not be responsible for its
removal.
Ownership of the artwork.
Section 3. That Section 8.5.2, "Public Art Advisory Board", 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:
Section 8.5.2
Public Art Advisory Board:
(A) The Public Art Advisory Board is hereby established as an advisory body to the
City Commission pursuant to the provisions set forth herein and shall render an advisory
opinion to City Commission regarding, but not limited to, the following:
(1) The suitability of the construction project as a location for works of art;
(2) The nature of the works of art which are most appropriate for the construction
project; and
(3) The best method for securing the recommended works of art.
(B) The Public Art Advisory Board is hereby created for the purpose of advising and
making recommendations to the City Commission with respect to public art policy and related
issues including, but not limited to, the selection, construction~ aM placement and/or fundinq of
public art in/on City right-of-way~ aM City owned property and private property where an
aqreement. acceptable to the City. has been executed reqardinq the art and the art is clearly
visible by the public. The Advisory Board, when making its recommendation, shall consider the
following guidelines:
(1) Whether the proposed public art conforms to the definition of public art;
(2) Whether the proposed public art is compatible with the neighborhood and not
injurious to the neighborhood or otherwise detrimental to the public welfare;
(3) Whether the proposed public art presents a safety hazard to the public;
(4) Whether the proposed public art is of exceptional quality and enduring value;
(5) Whether the proposed public art serves to further the City's goal of promoting
cultural diversity;
3
ORD. NO. 13-07
(6) Whether the proposed public art is appropriate to the site;
(7) Whether the proposed public art should be installed at the proposed location on a
site or at a different location;
(8) Whether the proposed public art requires extraordinary maintenance, such as any
special servicing due to periodic adjustment, repairing, or repair or replacement of moving parts.
(C) The Public Art Advisory Board shall consist of seven (7) members. Three seats
on the board must be filled with either an artist, architect, landscape architect or engineer. The
appointing body shall endeavor to appoint as many disciplines as possible to the board. Lay
persons of knowledge, experience and judgment who have an interest in public art shall make
up the balance of the board. The City Commission shall appoint all members of the Public Art
Advisory Board.
(0) The members of the Public Art Advisory Board shall serve for terms of two (2)
years, except that the members of the first board to serve shall be appointed so that three (3)
members shall serve one (1) year terms and four (4) members shall serve two (2) year terms. It
is further provided that no member may serve more than two successive terms on the Public Art
Advisory Board.
(E) The Public Art Advisory Board shall make recommendations to the City
Commission regarding constructing, placing or installing public art into CIP projects as well as
makinq recommendations to the City Commission for the fundinq or placinq of public art on
private property. where such art is clearly visible by the public and the City has obtained an
aqreement for the fundinq or placement of such art with the property owner.
(F) The Public Art Advisory Board shall be organized and shall operate as follows:
(1) The Public Art Advisory Board shall elect a Chairperson and Vice-Chairperson to
preside at its meetings and any other officers the board may deem necessary.
(2) The Public Art Advisory Board shall hold meetings on a regular basis at least once
monthly, if necessary, which meetings shall be open to the public. Minutes shall be kept of all
such meetings, and any special meetings, with copies of said minutes and any other reports to
be transmitted to the City Commission and the City Manager.
(3) The Public Art Advisory Board shall have technical and logistical support provided
as designated by the City Manager.
4
ORD. NO. 13-07
(4) The Public Art Advisory Board shall review and make recommendations on all CIP
projects, above $200,000.00, (it may review, in its discretion, CIP projects under $200,000.00),
to the City Commission.
(5) The Public Art Advisory Board shall be subject to the provisions of Chapter 32,
"Departments, Boards and Commissions", of the Code of Ordinances and Article 2.2,
"Establishment of Boards Having Responsibilities for Land Development Regulations", of the
Land Development Regulations of the of the Code of Ordinances of the City of Delray Beach,
except as provided is Section 8.5.
Section 4. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof
as a whole or part thereof other than the part declared to be invalid.
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and
the same are hereby repealed.
Section 6. That this ordinance shall become effective 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
5
ORD. NO. 13-07
PLANNING AND
MEETING DATE:
FEBRUARY 26, 2007
IV.J.
AGENDA NO:
AGENDA ITEM:
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDRS) SECTION 8.5.1,
"ESTABLISHMENT OF PUBLIC ARTS PROGRAM", SUBSECTION
8.5.1(C), "OWNERSHIP AND MAINTENANCE;" AND SECTION 8.5.2,
"PUBLIC ART ADVISORY BOARD," TO PROVIDE CLARIFICATION AS
TO THE USE OF FUNDS FOR THE PUBLIC ARTS PROGRAM.
The item before the Board is that of making a recommendation to the City Commission regarding a
City-initiated amendment to land Development Regulations Article 8.5, "Public Arts Program," to
provide clarification as to the use of funds for the program.
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.
On August 20, 2002, following a recommendation by Richard McGloin, the City Commission
established a Public Arts Task Force via Resolution No. 67-02. The purpose of the Task Force was
to identify the methods, process, criteria and potential funding sources for incorporation of pubic art
into future development projects within the City. A draft proposal for a Public Arts Program in
Delray Beach was produced on February 28, 2003.
At the City Commission workshop, held on April 8, 2003, the Task Force provided a presentation
outlining its findings and recommendations. On April 15, 2003, the City Commission established
the Public Arts Implementation Committee via Resolution No. 26-03. The purpose of the
Committee was to establish the not-for-profit corporation to administer the program and to work
with City staff to outline procedures necessary to implement the City Public Arts Ordinance.
On July 13, 2004 the Public Arts Implementation Committee presented their recommendations to
the City Commission at a special workshop. These recommendations were incorporated into
Ordinance 77-04, adopted by the City Commission on February 1, 2005, to create the Public Arts
Program.
The purpose of the City-initiated amendment, now before the Board, is to provide clarification that
monies generated by the Public Arts Program may be used to fund art placed on private as well as
public property. Provisions have been added to require that art placed on private property, which is
funded by the program, be clearly visible by the public, and that an agreement be executed
between the City and the property owner. Since opportunities to place public art at a highly visible
locations on private property, (e.g., a mural on the wall of a building facing a public roadway), might
arise in the future, this clarification is necessary for the Public Art Advisory Board to consider these
opportunities in making its recommendation to the City.
IV.J.
Planning and Zoning Board Memorandum Staff Report, February 26, 2007
Amendment to LDRs Pertaining to the Public Arts Program
Page 2
REQUIRED FINDINGS
LOR Section 2.4.5(MH5) (Findinas): Pursuant to LOR Section 2.4.5(M)(5) (Findings), in
addition to LOR Section 1.1.6(A), the City Commission must make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan.
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the
following applicable Policy was noted:
Future Land Use Element Policy C-3.1: The City of Delray Beach hereby acknowledges the role
of Culture and the Arts in Economic Development and pledges in pursuit of a theme of this
Comprehensive Plan -- A Renaissance Community -- the promotion of the arts and
accommodation of cultural activities for economic development ends.
By providing clarification that funds generated by the Public Arts Program may be used to fund art
on private as well as public property, this amendment will provide additional opportunities for the
placement of art in the City. Since this clearly represents a promotion of the arts, a positive finding
can be made that the amendment is consistent with and further the Goals, Objectives, and Policies
of the Comprehensive in accordance with LOR Section 2.4.5(M)(5).
Courtesy Notices:
Courtesy notices were provided to the following homeowner and civic associations:
· Progressive Residents of Delray (PROD)
· President's Council
· Neighborhood Advisory Council
Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting.
The purpose of this City-initiated LOR text amendment is to clarify the fact that funds generated for
the Public Arts Program may be used to place public art on private as well as public property,
subject to the provision that the art be clearly visible to the public and that an agreement be
executed between the City and the property owner. Positive findings can be made with respect to
LOR Section 2.4.5(M)(5).
Move a recommendation of approval to the City Commission for the City-initiated amendments to
the Land Development Regulations (LDRs), Section 8.5.1, "Establishment of Public Arts Program,
Subsection 8.5.1 (C), "Ownership and Maintenance;" and Section 8.5.2, "Public Art Advisory
Board," to provide clarification as to the use of funds for the Public Arts Program, by adopting the
findings of fact and law contained in the Staff Report and finding that the request is consistent with
the Comprehensive Plan and meets the criteria set forth in LOR Section 2.4.5(M)(5).
Attachment:
Proposed Ordinance