Res 20-03RESOLUTION NO. 20-03
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, CONFIRMING
THAT A CONDITIONAL USE WAS APPROVED FOR AN
Afl.F (ADULT CONGREGATE LIVING FACILITY),
WHICH INCLUDES AN ILF (INDEPENDENT LIVING
FACILITY) ON PROPERTY TO BE KNOWN AS VISTA
PALMS, FORMALLY KNOWN AS MIL- ATLANTIC,
PROVIDING FOR A DEFERRED PAYMENT
AGREEMENT FOR WATER AND SEWER CONNECTION
FEES AND BUILDING PERMIT FEES EQUAL TO THE
NET PRESENT VALUE OF TWO HUNDRED THOUSAND
DOLLARS ($200,000.00), SUBJECT TO A SEPARATE
WRITTEN AGREEMENT BEING SUCCESSFULLY
NEGOTIATED AND ENTERED INTO BETWEEN THE
PARTIES AND ALSO SUBJECT TO BOND COVENANTS
AND ACCEPTABLE REVIEW BY BOND COUNSEL.
WHEREAS, the City of Delray Beach, Florida, (the City) established an Elder Ready Task
Force which prepared the "Elder Ready Community Report Card for Well Elders", initial
assessment, dated November 2002, which recognized on Page 7(a) that the City"does not have any
assisted living facilities within its boundaries"; and
WHEREAS, the City has approved on July 10, 2001, said approval subsequently extended
on January l, 2003, a conditional use for a project, formally known as Mil-Atlantic, now known as
Vista Palms, and located on the west side of Military Trail, south of Atlantic Avenue, as an ACLF-
Adult Congregate Living Facility. The approval described in the Conditional Use project file # 2001-
167 consists of two parcels separated by a canal and includes Adult Day Care, Alzheimer Care, ILF-
Independent Living Facilities and ALF-Assisted Living Facilities; and,
WHEREAS, all elements of the project are an integral part of the ACI.F and will remain so
for the life of the entire Afl.F as represented by the parties requesting City support, through
deferred payments, and upon which the Cityis relying on granting the deferments; and.
WHEREAS, the City recognizes the need for a facility which offers a range of services to an
ever aging existing population in the Ciw, and,
WHEREAS, the City recognizes that there is an additional approved ACLF currendy within
its boundaries to be constructed on property known as the Alzheimer's Center, and,
WHEREAS, the City recognizes that there are three Life Care Retirement Facilities in the
City which are identified as Harbours Edge, Abbey Delray, and Abbey Delray South that offer
independent living, as well as skilled nursing facilities, for the elder population that are non-equity
ownership facilities and not economically viable for many of our elder ckizens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitals set forth above are hereby incorporated as if fully set forth
herein.
Section 2. The City agrees to defer the payment of water and sewer connection fees and
building permit fees up to an amount not to exceed the net present value of two hundred thousand
dollars ($200,000.00) subject to a separate written agreement being successfully negotiated and
entered into between the parties within ninety (90) days from the date of this resolution that is
acceptable to the City and subject to the deferral and the deferral agreement being acceptable under
bond covenants as is determined by the City's bond counsel.
PASSED AND ADOPTED in regular session on the / -'~ day of ~ ,
2003. t
ATTEST:
City C~erk
2 RES. NO. 20-03
Map
0~:38p
MSRIE
HOREMBURGER
5617330034
Doak S. Campbell III
70 South East Fourth Avenue
Delray Beach, Florida 33483
p.1
2o03
March 28, 2003
David Harden, City Manager
City of Delray Beach
100 North West Fourth Avenue
Delray Beach, Florida 33444
Dear Mr. Harden:
On b~half of my client whose project is known as Vista Palms, we are requesting the
passage of a resolution by the City Commission which will allow the dty to assist us in
competing for tax credits through the Florida Housing Finance Corporation.
The tax credits will enable my client to create a facility which will provide living
accommodations with certain resident services as detailed in the ACLF conditional use
approval of this project. Reasonable rates and resident services at no additional cost will
be the result of our ability to draw down the tax credits from the State of Florida.
Applicants to the Florida Housing Finance Corporation are required to provide local
govermnent assistance, in this instance in the amount of net present value of $200,000.00
worth of delay of payment of impact fees, building permit fees, or waiver of same. We
are requesting delay of payment as all fees will eventually be paid to the city.
Vista Palms will be the only facility of it's kind in the City of Delray Beach city limits.
Other similar facilities are non-equity ownership facilities.
We appreciate your consideration of this matter.
Sincerely,
Doak S. Campbell, 11I
g8 03 0~48p
K. Whi%e
TLLFCOr'~L I~
March 28. 2003
City of Delray B~ach
Attn, Mr. David Itardin, City Manager
100 NW 1"' Ave,
Delray Beach, FI 33444
Re: Vista Palms ACI,F
Dear Mr. Hardin:
Peariman & Associates has previously obtained bom the City a conditional use approval for
an ACLF under the name of Mil.Atlantic conditional use and site plan. At this time a request is made
to the City for a resolution from the City Commission acknowledging that thc overall project is to
serve a public purpose and would be eli~ble for City assistance in the form of&lay ot'c, crtain impact
fees charged to such a project. This request is made under the name of Vista Palms which is
anticipatcd to be tl~e name of'tho actual future development Thank you for your consideration in this
matter.
Sincerely yours,
Doak S. Campbefl, Ill
dd
Memo
To:
From:
Subject:
Date:
David T. Harden- City Manager
Lula Butler - Director, Community Improvement
Mil-Atlantic ACLF Pro|eot
March 28, 2003
I met with the developer, Doak Campbell and Made Horenburger regarding the Mil-Atlantic
project and one of their requests was for us to consider the use of SHIP fimds as a subsidy
toward this development.
Our SHIP representative advised us that the State would have required a competitive RFP
process. We would also have to amend our Housing Assistance Plan since it does not provide
for multiple housing units of any type. Our focus under the SHIP plan has been
homeownership.
Additionally, we calculated an approximate value of the permit fees that will be assessed for
the project. Since we did not have a complete building permit application submission, our
numbers are approximate and do not include all of the sub-trades nor the site development
costs.
In looking at a project of this nature, it is our professional opinion that the value of the fees and
other assessments will exceed $200,000. The Commission should be reminded that there are
stipulations on impact fees, which have to be paid at the time of permit issuance and cannot be
deferred.
LB:DQ
· Page 1
RESOLUTION NO. 20-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CONFIRMING THAT A
CONDITIONAL USE WAS APPROVED FOR AN ACLF (ADULT
CONGREGATE LIVING FACILITY), WHICH INCLUDES AN ILF
(INDEPENDENT LIVING FACILITY) ON PROPERTY TO BE
KNOWN AS VISTA PAl.MS, FORMAl.IX KNOWN AS MIL-
ATLANTIC, PROVIDING FOR A DEFERRED PAYMENT
AGREEMENT FOR WATER AND SEWER CONNECTION FEES
AND BUILDING PERMIT FEES EQUAL TO THE NET PRESENT
VALUE OF TWO HUNDRED THOUSAND DOI.I.ARS ($200,000.00),
SUBJECT TO A SEPARATE WRITTEN AGREEMENT BEING
SUCCESSFUIJ.Y NEGOTIATED AND ENTERED INTO BETWEEN
THE PARTIES AND ALSO SUBJECT TO BOND COVENANTS AND
ACCEPTABLE REVIEW BY BOND COUNSEL.
WHEREAS, the City of Dekay Beach, Florida, (the City) established an Elder Ready Task
Force which prepared the "Eider Ready Community Report Card for Well Eiders", initial
assessment, dated November 2002, which recognized on Page 7(a) that the City "does not have any
assisted living facilities within its boundaries"; and
WHEREAS, the City has approved on July 10, 2001, said approval subsequently extended
on January 1, 2003, a conditional use for a project, formally known as Mil-Atlantic, now known as
Vista Palms, and located on the west side of Military Trail, south of Atlantic Avenue, as an ACLF-
Adult Congregate Living Facility. The approval described in the Conditional Use project file #2001-
167 consists of two parcels separated by a canal and includes Adult Day Care, Alzheimer Care, ILF-
Independent Living Facilities and ALF-Assisted Living Facilities; and,
WHEREAS, all elements of the project are an integral part of the ACLF and will remain so
for the life of the entire ACLF as represented by the parties requesting City support, through
deferred payments, and upon which the City is relying on granting the deferments; and,
WHEREAS, the City recognizes the need for a facility which offers a range of services to an
ever aging existing population in the City; and,
WHEREAS, the City recognizes that there is an additional approved ACLF currently within
its boundaries to be constructed on property known as the Alzheimer's Center; and,
WHEREAS, the City recognizes that there are three Life Care Retirement Facih'ties in the
City which are identified as Harbours Edge, Abbey Delray, and Abbey Delray South that offer
independent living, as well as skilled nursing facilities, for the elder population that are non-equity
ownership facilities and not economically viable for many of our elder citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitals set forth above are hereby incorporated as if fully
set forth herein.
Section 2. The City agrees to defer the payment of water and sewer connection fees and
building permit fees up to an amount not to exceed the net present value of two hundred thousand
dollars ($200,000.00) subject to a separate written agreement being successfully negotiated and
entered into between the parties within ninety (90) days from the date of this resolution that is
acceptable to the City and subject to the deferral and the deferral agreement being acceptable under
bond covenants as is determined by the City's bond counsel.
PASSED AND ADOPTED in regular session on the ~
2003.
day of
ATFEST: M A Y O R
City Clerk
2 RES. NO. 20-03
Message Page 1 of 2
Garito, Barbara
From:
Sent:
To:
Cc:
Ruby, Susan
Friday, March 28, 2003 3:48 PM
Harden, David
Garito, Barbara; Nubin, Chevelle; Costello, Jeff; 'dsc@gate.net';
Subject: FW: Assisted Living Facility matter
I made your change and also a change I received from Marie Horenburger a minute ago. Her changes
removed Abbey Delray from the first whereas clause and inserted it and other hfe care facilities ~n the last
whereas clause. In add~hon, I made another change that Mane said was imperative which was to include
the words "net present value" before the $ 200,000.00 amount Hopefully this wdl be the last revision.
E~ther Marie or Doak should be g~v~ng you a cover memo outlining their proposal Thanks. Susan Ruby
..... Original Message .....
From: Ruby, Susan
Sent: Friday, March 28, 2003 2:49 PM
To.' Harden, David; Costello, Jeff; 'dsc@gate.net'; 'mhorenburger@cs.com'
Cc: Garito, Barbara; Nubin, Chevelle
Subject: FW: Assisted Living Facility matter
There was a last minute change which recogmzes the existence of other ACLFS. The resolution with
these changes should be final, unless the Manager has additional revisions Thanks. Susan Ruby
.... -Original Message .....
From: Costello, Jeff
Sent: Friday, March 28, 2003 2:26 PM
To: Ruby, Susan
Subject: RE: Assisted Living Facility matter
Susan:
Please review before I send this to Doak & Mr. Harden Thanks.
Jeff
..... Original Message .....
From: Ruby, Susan
Sent: Friday, March 28, 2003 11:25 AM
To: Harden, David; Costello, Jeff; 'dsc@gate.net'
Subject: FW: Assisted Living Facility matter
Please review the attached resolution. It is my understanding that there is a desire to have the
resolution on next Tuesday's agenda. Let me know what changes you suggest need to be made.
Also, I would appreciate it ~f Doak, you would prowde a cover letter for the agenda today outlining
your request. Thanks, Susan Ruby
..... Original Message .....
From: Inglese, Cathy
Sent: Friday, March 28, 2003 11:16 AM
To: Ruby, Susan
SubJect:
3/28/2003