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Agenda Reg 12-12-00CITY OF DELRAY BEACH, DECEMBER 12, FLORIDA - CITY COMMISSION REGULAR MEETING 2000 6:00 P.M.; PUBLIC HEARING 7:00 P.M. COMMISSION CHAMBERS 1993 The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of. a service, program, or activity conducted by the City. Contact Doug Randolph 243-7127 (voice), or 243-7199 (TDD), 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. RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 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. 2. 3. 4. 5. 6. 7. AGENDA Roll Call. Invocation. Pledge of Allegiance to the Flag. Agenda Approval. Approval of Minutes: Proclamations: None Presentations: 100-00: Recognizing and commending Patricia S. 12 years of dedicated service to the City of A. RESOLUTION NO. Cayce for over Delray Beach. Consent Agenda: City Manager recommends approval. A. FINAL PLAT APPROVAL/MARINA BAY: Approve the final subdivision plat for Marina Bay, a proposed ten (10) unit townhouse development to be located on the west side of Marine Way, approximately 225 feet south of S.E. 1st Street. Bo RESOLUTION NO. 101-00: Approve a resolution vacating and abandoning a portion of the N.W. 2nd Avenue road right-of-way lying between N.W. 12th Street and Grove Way, based upon positive findings. Do WAIVERS TO LDR SECTION 4.3.3(S) ASSOCIATED WITH REPLACEMENT OF THE COMMLrNICATIONS TOWER AT THE POLICE DEPARTMENT: Approvu waivers to LDR Section 4.3.3(S) relating to setback, buffering, and processing requirements for the replacement of- the telecommunications tower at the Police Department, based on positive findings with respect to LDR Section 2.4.7(B) (5). AMENDED AND RESTATED INTERLOCAL AGREEMENT WITH CRA FOR PLANNING, PARKING MANAG~R~T AND COMPUTER SERVICES: Approvu an amended and restated interlocal agreement betwee~ the City and the Community Redevelopment Agency to provide for planning services to the CRA, the shared use of a Parking Management Specialist and the provision of limited computer network installation services to the CRA when the CRA moves to a new location. Regular Commission Meeting December 12, 2000 E. BILL OF SALE FOR OCEAN OUTFALL SYSTEM: Approve a bill of sale transferring ownership of the ocean outfall system from the City of Delray Beach to the South Central Regional Wastewater Treatment and Disposal Board, pursuant to the terms of the agreement dated July 12, 1979. F. CHANGE ORDER #2/SUBAQUEOUS SERVICES, INC. (TROPIC ISLE CANAL DREDGING PROJECT): Approve Change Order #2 in the amount o£ $100,000.00 to the contract with Subaqueous Services, Inc. for an ad'ditional 5,000 cubic yards of dredged material associated with the Tropic Isle Canal Dredging project, with funding from 448-5461-538-65.54 (Stormwater utility - Tropic Isle Dredging). G. FUNDING SUBSIDY UNDER THE DELRAY BEACH RENAISSANCE PROGRAM: Approve a funding subsidy in the amount of $20,000.00 for an income eligible applicant under the Delray Beach Renaissance Program, with funding from 118-1924-554-83.01 (SHIP Program), representing the llSth homeownership assistance grant provided through the program to-date. H. REVIEW OF APPMm?.mRLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 4th through December 8, 2000. I. INTERLOCAL AGREEMENT WITH THE TOWN OF GULF STREAM & AMENDMENT NO. i TO OCEAN HAMMOCK COACH HOMES DEv=LOF~K'S AGREEMENT: Approve an interlocal agreement between the City of Delray Beach and the Town of Gulf Stream, and Amendment No. 1 to the Ocean Hammock Coach Homes Developer's Agreement dated November 30, 2000, relating to the reconstruction of Pelican Lane. AWARD OF BIDS AND CONTRACTS: Contract award in the amount of $1,133,457.03 to Florida Blacktop, Inc. for construction of the Southeast/Southwest Area Infrastructure Improvements (a 2000 Roadway Bond project), with funding in the amount of $189,894.88 from 370-3162-541-65.45 (2000 Roadway Bond SE/SW Area), $231,654.39 from 442-5178-536-65.50 (Water & Sewer R&R Water Main SE/SW Area), $152,383.03 from 448-5461-538-65.50 (Stormwater SE/SW Area), $65,000.00 from 448-5461-538-65.53 (Stormwater SE 7th Avenue), and $494,524.73 from 441-5181-536-69.22 (W&S SE 7th Avenue Water Main). Bid award in the estimated amount of $92,040.00 for annual contracts with multiple vendors, via co-op bid, for various road construction materials, with funding from Streets Division and Construction Division FY 2001 operating budgets and capital project accounts. Purchase award in the total amount of $279,382 to Comark Government and Education Sales Inc., via Florida SNAPS II contract, for the purchase of Panasonic laptops, backlit -3- Regular Commission Meeting December 12, 2000 keyboards, software and accessories for the Police Department, with funding from 334-6111-519-64.29 (COPS More 98 Grant). Regular Agenda: A. FUNDING REQUEST/ROOTS CULTURAL FESTIVAL: Consider approval of a funding request in the amount of $5,500 for the 2001 Roots Cultural Festival. Funding is available from 001-1111-511-48.10 (City Commission Special Event Account). B. CDBG CONSOLIDATED ANNUAL PERFORMANCE AND APPRAISAL REPORT (CAPER): Consider approval of the Community Development Block Grant (CDBG) Consolidated Annual Performance and Appraisal Report (CAPER) for FY 2000 as required by the U.S. Department of Housing and Urban Development. PARKS AND RECREATION MASTER PLAN/NR~DS ASSESSMENT: Provide direction concerning the three top-ranked firms for preparation of a Parks and Recreation Master Plan/Needs Assessment. SPECIAL EVENT REQUEST/12TH ANNUAL DOWNTOWN ART FESTIVAL: Consider a request for special event approval to allow the 12th Annual Downtown Art Festival sponsored by Howard Alan Events to be held January 20-21, 2001, including temporary use permit for street closure and parking lot use, staff assistance for traffic control and barricading, and event signage to be installed one week prior to the event, with all overtime costs to be paid by the event sponsor. RESOLUTION NO. 102-00 (AIRCRAFT NOISE REDUCTION): Consider approval of a resolution requesting that the United States Congress and the Federal Aviation Administration adopt an amendment to the Airport Noise and Capacity Act of 1990 to provide that all non-Stage 3 domestic and foreign subsonic turbojet airplanes, including those weighing less than 75,000 pounds, be phased out of service completely by January 1, 2005, or as soon as reasonably possible on an aggressively accelerated schedule. 10. Public Hearings: ORDINANCE NO. 34-00 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(G), ,,Supplemental District Regulations", of the Land Development Regulations to increase the parking requirement for restaurants in the original DDA area to six (6) spaces per 1,000 square feet of floor area, and amending Sections 4.4.13(G) and 4.4.24(G) by deleting the one time one space parking reduction in the Central Business District (CBD) and the Old School Square Historic Arts District (OSSHAD). If passed, a second public hearing will be scheduled for January 2, 2001. -4- Regular Commission Meeting December 12, 2000 B. ORDINANCE NO. 35-00 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending the Land Development Regulations relative to Alcohol and Drug Abuse Treatment Facilities. If passed, a second public hearing will be scheduled for January 2, 2001. 11. Comments and Inquiries on Non-Agenda Items from the Public- Immediately following Public Hearings. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. First Readings: A. ORDINANCE NO. 36-00: An ordinance amending Chapter 71, "Parking Regulations", of the City Code by amending Section 71.999, ,,Penalty", to revise the fees charged for parking violations. If passed, a public hearing will be scheduled for January 2, 2001. 13. Comments and Inquiries on Non-Agenda Items. City Manager City Attorney City Commission -5- RESOLUTION NO. 100-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DFJ,RAY BF_,ACH, FLORIDA, RECOGNIZING AND COMMENDING PATRICIA (PAT) CAYCE FOR HAVING SERVED THE CITY OF DELRAY BEACH WITH DISTINCTION AND DEDICATION SINCE 1988. WHEREAS, Pan/cia (Pat) Cayce was hired on November 16, 1988, as the City's first Historic Preservation Planner; and WHEREAS, over the course of the next 12 years, Pat was instrumental in the devdopment of a city- wide attitude that instilled a new respect for historic preservation, as well as zoning regulations geared toward the protection and restoration of old buildings while at the same time encouraging new growth; and WHEREAS, during her tenure with the City, Pat has been an active participant in the formal establishment of the City's five historic districts (Nassau Street Historic District, Marina District, Del-Ida Park Historic District, Old School Square Historic Arts District, and West Settlers Historic District), and has been the overseer of the designation of local historic sites to the Local Register of Historic Places; and WHEREAS, Pat has served as the Historic Preservation Board's key staff person and has provided invaluable assistance in the development of restoration policies and applications to ensure that the integrity of historic structures was maintained throughout the devdopment process; and wHEREAS, Pat has willingly served above and beyond the call of duty, often giving of her own time and knowledge to research and develop designation reports for historic sites throughout the City; and WHEREAS, the City of Del.ray Beach is honored to have had Pan/da Cayce as an employee and is especially proud of her work effort and contributions to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORID& AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach hereby expresses its sincere thanks and appreciation to PAI'RICIA (t~A7) C.4YC.~ for over twelve years of dedicated and faithful public service, and commends her on a job well done. Section 2. That the City Commission hereby congratulates her on the occasion of her retirement from the City of Delray Beach, and wishes her the best of health and happiness in all of her future endeavors. PASSED AND ADOPTED in regular session c A'I'I'B;ST: cfrY ~la this the 12t~ day of December, 2000. ! - MAYOR MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM ~. ~. - REGULAR MEETING OF DECEMBER 12. 2000 FINAL PLAT APPROVAL/MARINA BAY DECEMBER 7, 2000 This is before the City Commission to approve the final subdivision plat for Marina Bay, a proposed ten (10) lot townhouse development to be located on the west side of Marine Way, approximately 225 feet south of S.E. 1't Street. It is a replat of Lots 8, 9, 10, 11, 12 and 19 of the Subdivision of Block 126 (Plat Book 11, Page 4) and contains 0.985 acres. The Historic Preservation Board granted site plan approval for the 10 trait townhouse development on October 18, 2000. A final subdivision plat was a condition of approval. The combined preliminary/final plat for the project was approved by the Planning and Zoning Board on November 20, 2000. All technical comments have been addressed and the plat is ready for approval. Recommend approval of the final subdivision plat for Marina Bay. RefiAgmemol 0.Final Plat. Marina Bay Agenda Item No. ~ Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda AGE~DAREQUEST Date: Dec. 6, 2000 When: Dec. 12, 2000 Description of item (who, what, where, how much):Approval of Subdivision Plat for Marina Bay. Staff comments have been addressed. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/N__O Recommendation: Staff recommends approval of the Subdivision Plat Marina Bay. ~___~ Department head signature: Determination of Consistency with Comprehensive Plan: the for City Attorney Review/Recommendation (if applicable): Budget Director Review (required oni~ll items involving expenditure funds): Funding available: YES/NO Fundin9 alternatives (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved of cc: tac-Marina Bay file:s/engadmin/tac/Marina Bay/agl21200.doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Barron E. Caronite, PE, Assistant City Enginee~'- December 6, 2000 Marina Bay Subdivision Plat Please find an agenda request for Commission approval of the subdivision plat for Marina Bay attached. The project generally consists of a 10 unit Townhome development located West of the City Marina. I have also enclosed a location map and a reduced copy of the plat. If this meets With your approval, please place it on the December 12, 2000 Commission meeting for Commission approval. Encl. File: cc; TAC: S:/engadmin/tac/Madna Bay/agmemo.doc Randall Krejcarek, P.E., City Engineer Marina Bay ST. ST. 'A T L A~N T i C THOMAS LOWRY ~ ¥ STREET NUE STREET CITY of DELRAY BEACH BAY '. 1 [ i SmEET ] MARINA BAY LOCATION MAP ~000-20( %~ PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- /IEETING DATE: AGENDA ITEM: November 20, 2000 IV.A. Combined Preliminary/Final Plat For Marina Bay Townhomes, Located on the West Side of Marine Way, Approximately 225' South of S.E. 1st Street. GENERAL DATA: Owner/Applicant ....................... North Atlantic Realty Corp. Agent ........................................ Eliopoulos & Associates, Inc. Gary Eliopoulos Location ..................................... West side of Marine Way, approximately 225' south of S.E. 1st Street Property Size .............................. 985 acres Future Land Use Map ............... Medium Density Residential 5-12 units/acre Current Zoning .......................... RM (Multiple Family Residential-Medium Density) Adjacent Zoning .............. North: RM East: CF (Community Facilities) South: RM West: RM Existing Land Use ..................... Six (6) separate residential rental apartment buildings containing 33 residential units total. Proposed Land Use .................. Combined Preliminary/Final Plat in association with the construction of an 8-unit townhouse and a 2-story duplex structure. Water Service ............................ Existing on site. Sewer Service ........................... Existing on site. ~ PLAZA ATLANTIC A ENUE IV.A. The item before the Board is that of approval of a combined preliminary/final plat for a 0.985 acre fee simple townhouse development known as Marina Bay. The subject property is located on Marine Way, approximately 225 feet south of S.E. 1st Street. This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. The subject property consists of Lots 8, 9, 10, 11, 12, and 19 of the Subdivision of Block 126 (Plat Book 11, Page 4) and contains 0.985 acres. The property represents the aggregation of several parcels, which currently contain six (6) individual apartment buildings, with a total of 33 dwelling units. On October 18, 2000, the Historic Preservation Board (HPB) granted site plan approval for a 10 unit townhouse\condominium development on the subject property, under the existing RM zoning designation. At this same meeting, HPB approved demolition for five of the six structures which currently occupy the site. The demolition request for the structure located 132 Marine Way was tabled until the HPB meeting of January 3, 2000, in order to give the applicant adequate time to either relocate the structure or incorporate it into the development proposal. HPB revisited this issue at their meeting of November 15, 2000, and approved the demolition request for 132 Marine Way, with an effective date of December 15, 2000. The submitted plat currently before the Board is required for townhouse type developments and was listed as a condition of approval by HPB. The proposed plat consists of ten dwelling units in two individual structures. The first structure, which will front on Marine Way, contains eight (8) two & three-story fee- simple townhouse units and associated two-car garages. The eight fee-simple lots range in size from 2,926 square feet to 3,928 square feet, and range in lot frontage from 25.67 feet to 33.67 feet. The second structure is a two-story duplex with condominium ownership, located on one lot with covered parking to the rear. This parcel, which fronts on S.E. 7th Avenue, includes 8,000 square feet and has 50 feet of frontage. Condominium documents will be filed separately for this parcel. All units take vehicular access from Marine Way, via a dedicated ingress/egress tract as well as cross access easements, which allows all parking to be internalized and located to the rear of the units. P&Z Board Staff Report Marina Bay Plat Page 2 In addition to the above, the submitted plat also has: a 5-foot right-of-way dedication on S.E. 7th Avenue, a dedicated common area tract, a 12 foot utility easement, and a 5-foot landscape buffer easement along the front of Marine Way. Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future Land Use Map Consistency, Concurrency Consistency with the Comprehensive Plan and Compliance with the Land Development Regulations. Positive findings with respect to the LDR Section 3.1.1(A) (Future Land Use Map), LDR Section 3.1.1(B) (Concurrency), and consistency with the Comprehensive Plan were made with the approval of the site plan, at the October 18, 2000 HPB Meeting. Section 3.1.1 (C) Consistency: Pursuant to Section 3.2.1 (Basis for Determining Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site Plan and/or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. As described in Appendix "A", a positive finding for consistency can be made as it relates to Standards for Plat Actions. Section 3.1.1 (D) - Compliance With the Land Development Regulations: LDR Section 4.3.3(0)(2) (Plat Required): Each townhouse, or townhouse type, development shall be platted with a minimum designation of the interior street system as a tract. When the dwelling units are to be sold, each unit must be shown on the plat. The submitted plat meets these requirements. The balance of LDR Section 4.3.3 (O), deals with required setbacks and general design requirements, which have been addressed, and positive findings made, with the site plan approval. P&Z Board Staff Report Marina Bay Plat Page 3 · LDR Section 5.3.1(E)(2) (Right-of-Way Dedication): Pursuant to LDR Section 5.3.1(D)(2), the required right-of-way width for S.E. 7th Avenue is 60 feet. Currently, the right-of-way width for S.E. 7th Avenue is 40 feet. Pursuant to LDR Section 5.3.1(D)(4) (Reduction in Width), for existing streets, reductions in right-of-way width may be granted by the City Engineer upon a favorable recommendation from the Development Services Management Group (DSMG). The City Engineer and DSMG approved the reduction in right-of-way to 50-feet, therefore 5-feet of right-of-way must be dedicated by this development. A condition of the site plan approval is that 5-feet of right-of-way be dedicated on S.E. 7th Avenue. The depiction of this dedication on the plat is addressed by "Technical Item" number nine. · LDR Section 6.1.3(B)(l)(Sidewalks): Pursuant to LDR Section 6.1.3(B)(1), a 5-foot wide sidewalk is required within the rights-of-way adjacent to the property. A 5-foot sidewalk exists along SE 7th Avenue and a sidewalk is proposed along the east side of the property (Marine Way). It shall be noted that the installation of the 5-foot sidewalk along Marine Way is part of the Marine Way read improvements and will be installed by the City of Delray Beach. The proposal also includes pedestrian connections to the existing sidewalk along SE 7th Avenue and proposed sidewalk on Marine Way. The following comments must be addressed prior to scheduling the plat for City Commission: 1. Dedication statement indicates "Lots 1 through 10". Subdivide Lot 9 into Lot 9 and Lot 10; the property line shall run through the common wall and can be adjusted outside of the limits of the structure to achieve the minimum lot area. Indicate ingress/egress over walkways on Lot 9 and Lot 10. Indicate utility easement over sanitary sewer lateral that serves the duplex unit (on the west-side of property), this easement is to be dedicated to the HOA. 2. A 12 foot exclusive sanitary sewer easement is to be dedicated to the City of Delray Beach over the proposed sewer main. Delete "utility" easement and make "sanitary sewer" easement for "sewer mains". 3. Delete Surveyors note 3 on both plat sheets. P&Z Board Staff Report Marina Bay Plat Page 4 4. The way the building is designed, Lot 4 and Lot 5 need to be reconfigured to account for the 3rd floor walkway/bedrooms that hang over Tract "^". Indicate ingress/egress easement over extension of Lot 4 and Lot 5 and dedicate to HOA: limit to at grade ingress/egress. The individual sanitary sewer easement will be required through the extension of Lot 5. 5. West line of 12' parking, ingress, and egress easement should have less line weight. 6. Please show centerline and bearings of Marine Way and S.E. 7th Avenue, as per Florida State Statute 177.091 (15) & (22). Please place (CL) symbol on the center line of Marine Way. 7. Change utility easement dedications to comply with Florida State Statute 177.091 (28). 8. Set monuments at interior lot corners and show on plat, as per State Statute 177.091(9). 9. Show 5-foot right-of-way dedication along S.E. 7th Avenue as a separate tract, and provide for such in the dedication statement. 10. Show distance and bearings for south line of Tract "B". Il. Please remove reference of previous lot lines and numbers, internal to the proposed plat limit, on the final plat mylar. 12.A copy of the homeowner documents is required prior to City Commission approval. It should be noted that some of the above listed comments have already been addressed. The development proposal is located in the geographical area that requires review by the Community Redevelopment Agency (CRA). The CRA considered the development proposal at its meeting of September 28, 2000, and recommended approval. The development proposal is not located in the geographical area that requires review by the Downtown Development Authority (DDA). P&Z Board Staff Report Marina Bay Plat Page 5 Courtesy Notice: A courtesy notice has been sent to the following neighborhood/condominium associations: Beach Property Owners Association Marina Historic District Via Marina Homeowners Association Sea Gate Towers PROD - Progressive Residents of Delray Presidents Council Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. The development proposal is to construct eight (8) fee simple townhouse units, and a duplex with condominium units, which are consistent with the zoning and Future Land Use Map designations for the subject property. Further, the proposal represents a reduction in intensity for the parcel and is consistent with development patterns of the surrounding area. Positive findings can be made with regard to Concurrency and Comprehensive Plan consistency, as well as LDR Section 3.2.3 and Section 4.3.3 (O). The plat will require several technical modifications, as listed in the "Technical Items" section of this report, before it can advance to City Commission. A. Continue with direction. B: Approve the preliminary plat for Marina Bay and certify the final plat based upon positive findings with respect to Section 3.1.1, Section 3.2.3 and Objectives and Policies of the Comprehensive Plan, subject to conditions. C. Approve the preliminary plat, and require submittal of a final plat to be processed separately. D. Deny the preliminary plat and final plat with basis stated. P&Z Board Staff Report Marina Bay Plat Page 6 Approve the preliminary plat for Marina Bay and certify the final plat based upon positive findings with respect to Section 3.1.1, Section 3.2.3 and Objectives and Policies of the Comprehensive Plan, subject to the following condition: 1. That all comments under the "Technical Items" section of the report be addressed prior to scheduling the plat for City Commission action. Attachment: · Reduced Plat · Location Map · Appendix "A" P&Z Board Staff Report Madna Bay Plat Page 7 A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard Does not meet intent X C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard Does not meet intent X D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable Meets intent of standard Does not meet intent X P&Z Board Staff Report Marina Bay Plat Page 8 F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard Does not meet intent X G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable Meets intent of standard Does not meet intent X 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 Does not meet intent X 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 Does not meet intent X J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of ail 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 _IDF.~1.1- -.I {2> o~ M.O0,O0.OOS ,00'00~ 3.O0,O0.OON N.E, IST ST. ANTIC ATLANTIC PLAZA 1ST ST. BUD'S /DELRAY ' ~ I BARR II ~ TERRACE II [22221 2NO VETERANS PARK AVENUE ST. CiTY OF DELRAY BEACH, FL PLANNING & ZONING OEPARTMENT MARINA BAY PLAT (Lots 8, 9, 10, 11, 12 & 19, Subdivision of BIock 126, Town of Delray) TO: THRU: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION D A~)r~R~MANAGER PAUL DORLING, AC~/DIRECTOR OF.~,.,,P}~NNING fND ZONING DANIEL J. MARFINO, SENIOR PLANN~ ' ~' MEETING OF DECEMBER '12, 2000 *CONSENT AGENDA* ABANDONMENT OF A PORTION OF THE N.W. 2ND AVENUE RIGHT-OF-WAY, BETWEEN N.W. '12 STREET AND GROVE WAY. BACKGROUND The subject right-of-way extends from N.E. 12th Street on the south, to Grove Way on the north. The right- of-way is divided into a 25-foot wide south parcel and a 50-foot wide north parcel, for description and analysis purposes. The south parcel measures 25' x 153.49' and contains approximately 3,837 square feet (0.09 acres). The north parcel measures 50' x 146.7' and contains approximately 7,335 square feet (0.17 acres). Together the two parcels contain 11,172 square feet (0.26 acres) The abandonment request was submitted by the owner of Lot 13, Block A, Pineridge Heights (Linn D. Heaton), who is technically not entitled to the abandonment area, as it was dedicated by the plat to the west (Replat of Ida Lake Terrace). The owner (Mr Mayroud), of Lots 1-5, Block 5, Plat of Ida Lake Terrace, who is entitled to the subject area, has signed an Owner's Consent form which provides Mr. Heaton legal standing to process the requested abandonment as the "applicant". The two parties have negotiated an agreement to transfer ownership of a podion of the abandonment area, if the abandonment is approved. The right-of-way is unimproved, however a municipal water main is located within the abandonment area. In addition Florida Power & Light, Adelphia Cable, and BellSouth have identified existing facilities in the proposed abandonment area. In order to accommodate these facilities, a general utility easement will be retained over a portion of the abandonment area. At its meeting of November 20, 2000, the Planning and Zoning Board considered the request at a public hearing. There was no public comment concerning the proposed abandonment. After reviewing the staff report and discussion, the Board voted 6 to 0 (Robin Bird absent), to recommend approval, with the condition that a general utility easement is retained to accommodate the existing utilities. RECOMMENDED ACTION By motion, approve the abandonment of right-of-way and accept a replacement easement to cover the existing utilities based upon positive findings with respect to LDR Section 2.4.6(0)(5). Attachment: · Abandonment Resolution · P & Z Staff Report of November 20, 2000. S:\ P&Z~boards\citycommission\NW2AveCCDoc.doc RESOLUTION NO. 101-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF NORTHWEST 2NI~ AVENUE, LYING BETWEEN NORTHWEST 12TM STREET AND GROVE WAY, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY AN EASEMENT FOR PUBLIC AND PRIVATE UTILITIES OVER A PORTION OF THE AREA TO BE ABANDONED, AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, an application for abandonment of that porfon of the Northwest 2"d Avenue road tight-of-way lying between Northwest 122 Street and Grove Way, as more particularly described herein, was received by the City of Delray Beach; and WHEREAS, the application for abandonment of said right-of-way was processed pursuant to Section 2.4.6(O), "Abandonment of Rights-of-Way", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(d), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on November 20, 2000, and voted to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(O)(5), and subject to the condition that a general utility easement be retained over a portion of the area to be abandoned; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said right-of-way, based upon positive findings pursuant to LDR Section 2.4.6(O)(5), but does not abandon and retains and reserves unto itself a utility easement over a portion of the abandonment area, as more particularly described herein, for the purpose of emergency access and constructing and/or maintaining, either over or under, the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DEL1LAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all right and interest it holds to the following real property for right-of-way purposes only, but does not abandon and retains and reserves unto itself a utility easement over a portion of the abandonment area, both as more parricnlarl~ described as follows: ABANDONMENT AREA PARCEL 1: That portion of the 50 foot road fight-of-way for N.W. 2na Avenue lying west of and adjacent to Lot 7, THE GROVE, according to the Plat thereof as recorded in Plat Book 20, Page 92 of the Public Records of Palm Beach County, Florida; containing 7,337 square feet or 0.1684 acre, more or less. TOGETHERWITH PARCEL 2: That portion of Northwest 2"a Avenue (a 25 foot road fight-of- way) as shown on the REPLAT OF IDA LAKE TERRACE, according to the Plat thereof as recorded in Plat Book 22, Page 39 of the Public Records of Palm Beach County, Florida, lying west of and adjacent to Lot 13, Block A, PINERIDGE HEIGHTS, according to the Plat thereof as recorded in Plat Book 13, Page 80 of the Public Records of Palm Beach County, Florida; containing 3,837 square feet or 0.088 acre, more or less. EASEMENT ARF~ The west 25 feet and the south 5 feet of Parcel 1 (described above), TOGETHER WITH All of Parcel 2 (described above). PASSED AND ADOPTED in regular session on this the 12~h day of December, 2000. MAYOR A'I'I'EST: ~' City Clerk7 r -2- Res. No. 101-00 I ~ Z ~ ~ST. ~ N.W. 12TH . , ~ N.W. 11 TH STREET R~F~R~ffi~ N.W. 2ND AVE. VA CA NT PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: November 20, 2000 III.A. Abandonment of a Portion of N.W. 2nd Avenue, Lying Between N.W. 12th Street and Grove Way. LAKE IDA / II II ~ I!l Ill~Jll~lllllll ,11 I ~llll GENERAL DATA: Owner .................................. General Public Agent ................................... Louis J. Carbone, Esq. Applicant .............................. Linn D. Heaton Location ............................... Portion of N.W. 2nd Avenue between N.W. 12th Street and Grove Way Property Size ........................ 0.26 Acre Existing FLUM Designation.. LD (Low Density Residential, 0-5 units/acre) Current Zoning ..................... R-l-AA (Single Family Residential) Adjacent Zonings ........ North: R-l-AA East: R-l-AA South: R-l-AA West: R-l-AA Existing Land Use ................ Unimproved right-of-way Proposed Land Use ............. Abandonment of a portion of unimproved N.W. 2nd Avenue to be aggregated into adjacent lots. Water Service ....................... n/a Sewer Service ...................... n/a III.A. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of the N.W. 2ncl Avenue right-of-way, between N.W. 12th Street and Grove Way. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0), Abandonment of Rights-of-Way. BACKGROUND The subject right-of-way extends from N.E. 12th Street on the south, to Grove Way on the north. The subject right-of-way is divided into a 25-foot wide south parcel and a 50-foot wide north parcel, for description and analysis purposes. The "South" Parcel was dedicated with the recordation of the Replat of Ida Lake Terrace (Plat Book 22, Page 39, of the Public Records of Palm Beach County, Florida), in October of 1947. The west 25-feet of the "North" parcel was also dedicated with the recordation of said Replat of Ida Lake Terrace, while the east 25-feet of the "North" Parcel was dedicated with recordation of the plat of The Grove (Plat Book 20, Page 92, of the Public Records of Palm Beach County, Florida), in April of 1946. Currently the subject right-of-way (ROVV) is unimproved, and numerous trees and hedges are located throughout. In addition, a wood shed encroaches approximately 7 feet onto the northeast corner of the "South" Parcel. There are also two chain link fences located in the abandonment area. I ABANDONMENT DESCRIPTION ] South Parcel: This portion of the subject right-of-way is a 25' x 153.49' rectangular shaped parcel, containing approximately 3,837 square feet (0.09 acres). This portion of right-of-way is substandard, as Code requires the minimum width for a local road be 60 feet, although it can be reduced to 50-feet with a waiver. North Parcel: This portion of the abandonment area is a 50' x 146.7' rectangular shaped parcel, containing approximately 7,335 square feet (0.17 acres). Together the two parcels contain 11,172 square feet (0.26 acres). The abandonment request was submitted by Linn D. Heaton, the owner Lot 13, Block A, of Pineridge Heights (Plat Book 13, Page 80), which abuts the east side of the south parcel. The Applicant, being owner of said Lot 13 is not directly entitled to the parcel, as it was created from the Ida Lake Terrace Plat to the west. The applicant does however have an agreement with the owner of Lots 1- Plannin_~ and Zoning Board Staff Report N,W. 2'"~ Avenue R-O-W Abandonment Page 2 5, Block 5, of said Replat Ida Lake Terrace, which is entitled to the right-of-way, to transfer ownership of a portion of the parcel when it is abandoned. The owner of said Lots 1-5, Block 5 (who is entitled to the abandonment area), has signed an "Owners Consent Form", which allows the owner of said Lot 13 to be the applicant, and process the abandonment. [ ABANDONMENTANALYSlS I Pursuant to LDR Section 2.4.6(O)(1), public right-of-way may be abandoned (retumed) to the adjacent property to the same degree in which it was originally obtained, £e. property dedicated exclusively from a single parcel shall be retumed to that parcel; property dedicated through subdivision shall be divided at the center line and retumed equally to abutting parcels. As previously stated, the applicant has an agreement to acquire a portion the right-of-way from the owner of Lots 1-5, Block 5, of said Replat ida Lake Terrace, who is entitled to the entire 25-foot wide "South" Parcel, as well as the west 25- feet of the "North Parcel". The owner of Lot 7, said plat of The Grove, is entitled to the east 25-feet of the "North" Parcel. Utility Services A 16" water transmission main, running north-south through the west 25~feet of the right-of-way has been identified. The Environmental Services Department has requested a replacement utility easement (12 foot) centered over the existing main. Satisfactory disposition of this request, will be a condition of approval of this abandonment. Florida Power & Light, Adetphia Cable, and BellSouth have also identified existing utilities in the right-of-way, and are requesting replacement utility easements or relocation of said utilities. Satisfactory disposition of this issue will be a condition of approval for this abandonment. The City's Fire Department and Florida Public Utilities have reviewed the request and have no objection to the abandonment. Plannin_~ and Zoning Board Staff Report N.W. 2''~ Avenue R-O-W Abandonment Page 3 ;REQUIRED FINDINGS Pursuant to LDR Section 2.4.6(0)(5), prior to any right-of-way abandonment being approved, the following findings must be made: A) That there is not, nor will there be a need for the use of the right-of-way for any public purpose. Currently, the right-of-way is unimproved, and there are no plans to improve it in the future. The City has no plans to utilize this right-of-way for any other purpose. B) That the abandonment does not, nor will not, prevent access to a lot of record. will not to any The abandonment of the subject right-of-way prevent access adjacent parcel, as all parcels front on N.W. 12th Street or Grove Way. Lot 2, Block 5 of said Replat of Ida Lake Terrace does technically front on the unimproved portion of N.W. 2nd Avenue, but it has been tied to Lots 1, 3, 4, & 5 through a Unity of Title. This Unity of Title can not be released without approval of the Chief Building Official of the City of Delray Beach. C) That the abandonment will not result in detriment to the provision of access and/or utility services to adjacent properties or the general area. Currently, a City water main is located in the abandonment area. In addition, Florida Power & Light, Adelphia Cable and BellSouth have identified existing facilities in the abandonment area. These facilities will be accommodated through the reservation of a utility easement over the entirety of the abandonment area. Thus, the current and future ability to provide utility services to adjacent properties or the surrounding area will not change. The provision of the aforementioned utility easement will be a condition of approval for this abandonment. In order to reduce the width of the easement and utilize the abandonment area as developable property, the applicant has the option of providing a survey locating all utilities (above and below ground), along with associated descriptions of easements, which are acceptable to the utility providers. If the applicant exercises this option, the information must be provided prior to proceeding to City Commission for final approval. REVIEW BY OTHERS The development proposal is not within the geographical area requiring review by the CRA (Community Redevelopment Agency), the DDA (Downtown Development Authority), or the HPB (Historic Preservation Board). Plannin.~ and Zoning Board Staff Report N.W. 2'= Avenue R~O-W Abandonment Page4 Courtesy Notices: Courtesy notices have been provided to the following: ~ Lake Ida Homeowners Association Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subiect property. Letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT As the subject ROW is currently unimproved, and is sub-standard in width (25- feet) in the south-half, any possible improvement of this portion of N.W. 2nd Avenue would require the acquisition of additional ROW. This is not a realistic option as the adjacent property is developed as single-family residential, on a platted lot. The provision of a replacement utility easement to cover existing utilities is a condition of approval for the abandonment. ALTERNATIVE ACTIONS 1. Continue with direction. 2. Recommend to the City Commission approval of the abandonment subject to positive findings with respect to LDR Section 2.4.6(0)(5). 3. Recommend to the City Commission denial of the abandonment 'based upon a failure to make positive findings with respect to LDR Section 2.4.6(0)(5). By motion, recommend to the City Commission approval of the abandonment of the portion of the unimproved N.W. 2nd Avenue right-of-way, between NW 12th Street and Grove Way, based upon positive findings with respect to LDR Section 2.4.6(0)(5), subject to the following condition: 1.) A general utility easement is retained over the entire abandonment area, or over the utilities at a width acceptable to the utility providers. Plannin_~] and Zoning Board Staff Report N.W. 2"" Avenue R-O-W Abandonment Page 5 Attachments: · Reference Map "A" · Reference Map "B" · Reduced Survey File: S:\Plan~ing&Zoning\Boards\P&Z~NW 2~ Ave-N Abandonment.doc Z ~ NORTH NNk''( 1PARCEL GROVE ~AAY~ SOUTH ) ~ PARCEL N.W. 12TH STREET I REFERENCE PARCEL DESCRIPTIONS MAP - UNIMPROVED N.W. 2ND AVENUE ABANDONMENT - GROVE WAY ~ 25' 25' 12TH STREET N.W. 2nd AVENUE ABANDONMENT ~ - UTILI~ EASEMENT AREA TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CiTY MANAGEI:~.~ ~"'-"~) ~/r *~"" WAIVERS TO LDR SECTION 4.3.3(S) ASSOCIATED WITH REPLACEMENT OF THE EXISTING COMMUNICATIONS TOWER AT THE CITY'S POLICE STATION. The proposal is to replace the existing 180' high lattice communications tower at the City's Police Station (southeast corner of West Atlantic Avenue and SW 4th Avenue) with another tower of equal height. The existing tower was constructed in 1987 and is currently used for emergency services only. The City is proposing to install new emergency services equipment on the tower, which is in need of replacement. In order to accommodate the new equipment, significant upgrades to the tower are necessary. The existing tower is approximately 14 years old and standards regarding towers with regard to wind loads, etc. have changed. The City has been approached by Verizon Wireless who is willing to construct the tower for the City and deed it to the City in exchange for them to locate their antennas on the new tower. On October 17, 2000, the City Commission approved a lease agreement with Verizon Wireless for the replacement of the existing tower. The proposed tower will be designed to accommodate additional telecommunications carriers. Thus, the tower is to be replaced without cost to the City with the ability for the City to generate additional revenues from leases with other carriers. In order to replace the tower in the proposed location waivers are necessary from LDR Section 4.3.3(S) relating to setback, buffering, and processing requirements. The proposal involves waivers to the following requirements as they pertain to the Development Standards and Criteria for Telecommunication Towers (LDR Section 4.3.3(S)(2)(e)): LDR Section 4.3.3(S)(2)(e)(2)(c) (Development Standards and Criteria - Setbacks) states that the minimum distance between a lattice or guyed tower and the nearest property line of a residential zoning district shaft be equal to 400% of the height of the tower. Based upon the above requirement, the tower must be set back 720' from residentially zoned property. The existing tower is nonconforming as it is set back approximately 165' from residentially zoned property. The proposed tower will not be more visually impacting than the existing tower. The tower will be located just north of the existing tower, which is centrally located within the compound area. In order to comply with the requirement, the tower would need to be located off- site, which is not feasible. LDR Section 4.3.3(S)(2)(e)(2)(c) (Development Standards and Criteria - Buffering Requirements) states that an 8' high fence or waft shaft be constructed around the base of a telecommunication tower. The fence or waft shaft be screened in accordance with LDR section 4. 6.5, which pertains to associated landscaping. City Commission Documentation Police Station Telecommunication Tower - Waivem to LDR Section 4.3.3(S) Page 2 The existing tower is located within the police station compound area, which is surrounded by an existing 6' high c.b.s, wall. in addition, the tower is primarily surrounded by buildings. The general public is not permitted in this restricted area. Neither the base of the tower nor the equipment will be visible from adjacent rights-of-way or properties. Thus, provision of the fence would be redundant and is not necessary. The perimeter of the tower and compound area will be planted with a Cocoplum hedge with a Crepe Myrtle tree and two existing palm trees on the north side adjacent to the employee area. LDR Section 4.3.3(S)(2)(h)(2) (Existing Towers), notwithstanding the provisions of this section, towers in existence as of May 6, 1997, may be replaced with a tower of equal or less visual impact upon approval by the Planning and Zoning Director, provided that the following criteda are met: a. The tower meets the minimum requirements of this section; or b. The tower received conditional use approval prior to May 6, 1997. Replacement of existing towers which do not meet the above specified criteria may be approved by the City Commission as a new conditional use. The 180' radio tower has existed in its current location since 1987, As the tower does not meet the above criteria, a new conditional use is required. However, the conditional use process is approximately 10 weeks and installation of the new emergency services equipment is imperative. While a specific conditional use request was not previously granted for the existing tower, the City Commission approved the associated site plan for the Police Station which showed the tower. Waivers have been requested from those requirements that the tower does not meet. The proposed tower will not be more visually impacting than the existing tower. In order to meet public safety needs and services in a timely manner, a waiver of the conditional use approval is requested. REQUIRED FINDINGS: Pursuant to LDR Section 2.4.7(B)($), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) (b) (c) (d) Shall not adversely affect the neighboring area; Shall not significantly diminish the provision of public facilities; Shall not create an unsafe situation; or, Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The waiver requests will not adversely affect the neighboring area, diminish the provision of public facilities, nor create an unsafe situation. The new equipment will improve emergency services. The new tower is being installed in the same general location, will provide adequate public facilities for emergency communication services and thus, provide a safe situation and an improvement upon the existing system. The granting of the waiver would not result in a special privilege, as the same request would be granted on another property for the same public safety purposes, given similar circumstances. Approve the waivers to LDR Section 4.3.3(S) for the Telecommunications Tower at the Delray Beach Police Department, based upon positive findings with respect to LDR Section 2.4.7(B)(5). Attachments: Site Plan, Applicant's letter Jeff Costello; ~ Planner City of Delmy Beach 100 NW 1~ Avenue Delmy Beach, FL 33a.~.~. RE: City of Delmy Beach Police Department tower replacement Mr. Costello, As you aware, Verizon Wireless and the City of Delray Beach have entered into a mutually benefit'mg lease agreement to replace the existing 180' lattice communications tower currently utilized for police emergency services located at 300 West Atlantic Avenue, Delray Beach, FL 37.~.~.. The replacement of the existing tower will provide the Delray Police Deparunent the ability to deploy their new emergency services equipment on an upgraded, structurally sound installation. Verizon Wireless will have the ability to locate antennas and equipment on the structure, which in turn, will allow Verizon Wireless to provide improved service to customers in the area. Additionally, the new tower will have the ability to accommodate additional carriers that may approach the city in the future, thereby generating additional revenues for the benefit of the City of Delray. Pursuant to LDR section 4.3.3 S Telecommunication Towers and Antennas, we are seeking a waiver from the following sections of the code: 1.) LDR section 4.3.3 (S)(2)(e)(2)(c) minimum distance requirement: Per this section of the code, the minimum distance between a lattice or guyed tower and the nearest property line of the nearest resident'ual zoning district shall be equal to 400% of the height of the tower. The applicant seeks a waiver from this requirement as the new tower will be located within the immediate vicinity of the exist'rog, previously permitted lattice tower. Upon completion of the proposed tower, the existing structure will be deconstmcted and removed from the premises. The proposed installation will not adversely impact the surrounding neighborhood as the project will not intensify the current use of the property. The tower will not diminish the provision of public safety and will in fact improve public safety in the immediate area as its primary use will be for the installation of an improved City owned emergency services system. Secondarily, it will ensure local residents adequate services in order to make emergency cci! phone calls. The placement of a new installation at this location will not create an unsafe condition as the tower will be constructed and engineered so as to meet all South Florida Building Code and wind load requirements, and reviewed by the proper city staff prior to the issuance of a building permit. Additionally, the tower will be located centrally on the property. 2.) LDR section 4.3.3 (s)(2)(e)(3)(a) Eight Foot Fence requirement: Per this section of the code, an eight foot high fence or wall shall be eonstracted around the base of the telecommunications tower. The applicant is seeking of waiver from this provision as it is believed the nature of the property, City of Delray Police Department, and the current security measures that are in place at the facility, will not require the installation of fencing as an added security measure. 3.) LDR section 4.3.3 (s)(2)(h)(2) Conditional Use Request: Per this section of the code, towers in existence as of May 6, 1997, may be replaced with a tower of equal or less visual impact upon the approval the Planning and Zoning Director provided a.) the tower meets the minimum requirements of the code or b.) the tower received conditional use approval prior to May 6*, 1997. It is the opinion of the applicant that the approval of the project will not result in a grant of special privilege in that the waiver would be issued under similar circumstances on similar property of another owner. The applicant is requesting approval to replace the existing 180 feet tall lattice tower with an equal tower in height. Additionally, the tower to be replaced has been in existence on the property prior to May 6~, 1997. In the event you have additional questions or require additional information, please contact me at (954) 255-1576 ext. 174. Thank you for your time and consideration. Patrick Murray ~J.J Mastec Wireless Stances Agent for Verizon Wireless Services [lTV DF DELARV BE;IgH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH DATE: 993 TO: MEMORANDUM December 5, 2000 City Commission David T. Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Agreement with CRA for Planning, Parking Management and Computer ,qervice~q The above Interlocal Agreement contains amendments to a previous interlocal agreement regarding the City's provision of certain planning services to the CRA entered into by the parties on June 24, 2000. This Amended and Restated Interlocal Agreement provides for the previously included planning services. In addition, the Amended and Restated Agreement provides for the shared use of a Parking Management Specialist and the provision of limited network installation services to the CRA when the CRA moves to their new location. The CRA shall pay to the City $2,500.00 per quarter for planning services. The CRA shall pay an additional $12,500.00 per quarter towards the City's costs of engaging the services of a Parking Management Specialist and for the minimal initial network services. The agreement provides for a prorated payment, if the Parking Management Specialist is hired during a quarter. The term of the agreement commences October 1, 2000 and ends September 30, 2002, unless renewed by the parties. Please place this agreement on the December 12, 2000 City Commission agenda. The Director of the CRA, Diane Dominguez, intends to place this matter on the CRA agenda for December 14, 2000. Please call me if you have any questions. SAR:ci Attachment cc: Alison Harry, City Clerk Diane Dominguez, CRA Director Robert Federspiel, Esq. Joe Safford, Finance Director Paul Dorling, Acting Director of Planning and Zoning AMENDED AND RESTATED INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR PLANNING AND OTHER SERVICES THIS AGREEMENT is made this .day of , 2000 by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation, (hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, (hereinafter referred to as the "CRA"). WITNESSETH: WHEREAS, the City's Comprehensive Plan requires the preparation of redevelopment plans for locations within the city limits which are also located within the CRA'S boundaries; and, WHEREAS, the CITY and the CRA will benefit from the services of a Parking Management Specialist; and WHEREAS, The CRA desires to obtain certain computer services, as more fully described h~rein; and, WHEREAS, the parties both desire to assist one another in providing and obtaining the services as more specifically set forth in this Agreement; and, WHEREAS, the parties by entering into this Agreement intend to substitute this Agreement for the Agreement dated June 14, 2000. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The CITY will provide the following services: A. The CITY shall provide planning services to the CRA relating to the formation and implementation of neighborhood plans and associated planning tasks related to the Downtown Business District and West Atlantic Redevelopment. B. The CITY shall provide for the shared use of the services of a parking management specialist. C. The CITY shall provide the CRA with certain mapping and graphics services, so long as the services can be performed by the CITY in house. The CITY shall pay the cost of supplies except for reproduction costs of final plans. E. The CITY will assist the CRA in setting up their computer network after the CRA's relocation to the "Discount Auto" location. The CRA shall pay for all hardware or software that may be necessary to network the CRA's computers. If there is a problem thereafter with the network, the CITY will assist the CRA in an effort to resolve the problem.. 3. The CRA shall provide the following: A. Prior reasonable notice to the CITY of service requests; B. Reproduction of all final plans at its own cost; C. All information that the CITY requests from the CRA that the CITY determines it needs to carry out the service to be provided by the CITY. 4. The term of this Agreement shall commence October 1, 2000 and terminate on September 30, 2001. 5. The CRA shall pay to the CITY up to $60,000.00 a year for the services provided by the CITY, payable quarterly, with October 1st as the commencement of the 2 first quarter, provided, however, until the CITY hires a Parking Management specialist, the CRA shall pay $2,500.00 to the CITY each quarter commencing on October 1, 2000. Once the Parking Management Specialist is hired by the CITY and commences work, the CRA shall pay the CITY a total of $15,000.00 per quarter. The first quarter's payment to the CITY for the Parking Management Specialist services shall be prorated to reflect the actual date of the Parking Management Specialist's commencement of employment with the CITY. In the event the Parking Management Specialist shall leave employment, then the obligation of the CRA shall be reduced to the $2,500.00 payment per quarter, as referred to above. 6. This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. This Agreement cancels and supercedes the Agreement dated Jtme 14, 2000. 8. No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 9. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereofi 10. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 3 11. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. 12. This Agreement shall not be valid tmtil signed by the Mayor and the City Clerk. ATTEST: City Clerk Approved as to Form: City Attorney CITY OF DELRAY BEACH, FLORIDA By: David W. Schmidt, Mayor ATTEST: Print Name: COMMUNITY REDEVELOPMENT AGENCY By: (SE t ) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ,2000, by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a corporation, on behalf of the corporation. produced __ day of (state or place of incorporation) He/She is personally known to me or has (type of identification) as identification. Notary Public - State of Florida 4 [IT¥ OF DELRFIV BER[H CiTY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 AII.,~m~ca City 1993 DATE: TO: FROM: MEMORANDUM December 4, 2000 City Commission ~ Brian Shutt, Assistant City Attorney SUBJECT: Bill of Sale-Ocean Outfall The City entered into an agreement with the SCRWTD Board on July 12, 1979 for the use of the ocean outfall system which allowed the discharge of pretreated sanitary sewage from the Board's wastewater treatment facility into the Atlantic Ocean. The agreement also provided that the Board would purchase the ocean outfall system from the City. The Board has made its last payment to the City regarding the purchase of the ocean outfalt system. The attached bill of sale transfers ownership of the ocean outfall system to the SCRWTD Board. By copy of this memo to David Harden, our office requests that this item be placed on the December 12, 2000 City Commission agenda for approval. David Harden, City Manager Alison Harty, City Clerk Dan Beatty, Deputy Director of Public Utilities BILL OF SALE CITY OF DELRAY BEACH, ("Owner"), for and in consideration of one million, one hundred and fifty-five thousand, six hundred and forty-six dollars ($1,155,646.00), already received, does hereby SELL, CONVEY and DELIVER unto the SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD, ("Board") its successors, heirs, executors, administrators, personal representatives and assigns, all of Owner's right, title and interest in and to the Ocean Outfall System as further described in Exhibit "A", attached hereto. The Owner for itself and its successors, covenant to and with the Board, its successors and assigns, that it is the lawful owner of the personal property; that it is free from all encumbrances and that it has good right to sell the aforesaid. By acceptance of this Bill of Sale, the parties accept and agree to all matters set forth herein. Executed this day of ,200_. ATTEST: By: City Clerk Approved as to Form: By: City Attorney CITY OF DELRAY BEACH, FLORIDA By: Mayor, David Schmidt ATTEST: SOUTH CENTRAL REGIONAL WASTE- WATER TREATMENT AND DISPOSAL BOARD By: Approved as toForm: By: By: OCEAN OUTFALL DESCRII'I'ION The Delray Beach Ocean Outfall consists of approximately 7,272 feet of 24" and 30" ductile iron pipe (D.I.P.), commencing as a 24" D.I.P. at a point 20'9" east and 3'6" north of the northeast corner of the electrical enclosure portion of the Master Lift Station. Running in an ~asterly direction (approximately !30 feet north of the centerline of Atlantic Avenue), Lhe outfall extends under the Intracoastal Watel~ay for a distance of approximately 249 feet, at which point it turns (by means of a 45° bend) to a southeasterly heading and continues (still ben~atl~ the Intracoastal Water-way) a distance of approximately 89 feet, ending the Intracoastal Waten~ay portion of the outfall at a 24" valve. After the ICWW crossing, the outfall (still 24" D.].P.) extends approximately 10 feet before it turns (by means of a q5o bend) easterly, lying 2-3 feet south of. the north right-of-WaYoline of Atlantic Avenue, and extends approximately 190 feet' to another 45 bend. At this point, the outfall line turns to a southeasterly direction and continues for a distance oF approximately 83 feet to a 30" x 2~" wye, at which point 'Lhe 24" D.].P. portion of tile outfall ends ahd the 30" D.I.P. portion hegins. The 30" D.~.P. portion of the outfall extends in an easterly direction and consists of four parts: land, surf, 'ocean and outlet. The land portion lie3 approximately 12 feet south of the centerline of Atlantic Avenue and extends from the 30" x 24" wye a distance of approximately 1367.feet, at which point the surf por. tion begins, The surf portion, contouring to the downward slope of the beach, continues for a distance of approximately 874 feet, where the ocean portion of the outfall starts. The ocean portion extends on a downward slope a distance of approximately 4324 feet to the beginning of the outlet portion, which consists of approximately 86 feet of 30" D.].P., the last 21 feet of which extends upward from the ocean floor at an angle of approxi- mately 22!~°, terminating the ocean outfall approximately one mile offshore. EXHIBIT "A" Pa~e 1 -0 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM I~:'. ~.. REGULAR MEETING OF DECEMBER 12, 2000 CHANGE ORDER #2/SUBAOUEOUS SERVICES, INC. (TROPIC ISLE CANAL DREDGING PROJECT) DECEMBER 8, 2000 This is before the City Commassion to approve change order #2 in the amount of $100,000 to the contract with Subaqueous Services, Inc. for the Tropic Isle Canal Dredging project. The contractor will dredge an additional 5,000 cubic yards of materials from the canals which wi]l complete the approximate 12,000 cubic yards required to comply with the lawsuit settlement. The material will be paid at the original contract unit price of $20.00 per cubic yard. The work is in progress. Funding is available from 448-5461-538-65.54 (Stormwater utility - Tropic Isle Dredging). When we presented change order #1, our idea was to dredge the remaining 5,000 yards next fiscal year. Since then, a concern has been raised that next year we may not be able to obtain a site within Tropic Isle for offloaclmg the spoil and transferring it to macks for ultimate disposal. Without such a site, the cost would be greatly increased. In addition, we would in any case incur an additional mobilization charge, and the homeowners would like to see the project finished this year. For these reasons, approval of change order #2 is recommended. Ref:Agmemol 1.Change Order #2.Subaqueous.Tropic Isle Dredging AGENDA REQUEST Agenda Item No.: ~'' ~' Request to be placed on DATE: December 6, 2000 Regular Agenda Special Agenda Workshop Agenda When: December 12, 2000 Inc. Funding Source is 448-5461-538-63.90 (Tropic Isle Dredging). Department Head ~t,~ ~/'~ Signature: \ Determination of Consistency with Comprehensive Plan: Description of item (who, what, where, how much) Request Commission approval of agenda request for Change Order #2 to Subaqueous Services, Inc. for the Tropic Isle Canal Dredging Project (PN 2000-11). It adds 5,000 cubic yards (cy) of dredged material to the Contract quantity. The material will be paid at the original Contract unit price of $20.00/cy. The amount of the Change Order is an add of $100,000.00, to P.O. #589699. This additional quantity will be complete the dredging of the canals in accordance with the terms of settlement with the Tropic Isle Homeowner Association. ~ ORDINANCE/RESOLUTION REQUIRED: YE~O~DRAFTATTACHED YES Recommendation: Staff recommends approv~a~of Change Order #2 to Subaqueous Services, City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items in¥olving expenditure of funds): Funding available ~E_~N~ Funding alternatives'~ _ (if applicable) Account No. & Description 448-5461-538~ Account Balance ~ ~0,[~.)'L).~ ~[~._ City Manager Review: ~/ ~ Approved for agenda: NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file 2000-01 I(A) projects/2000-011/contract/agendaco2 .doc Memorandum To' From: Date: David T. Harden, City Manager /// Howard Wight, Dep Dir Construction,~i~ December 6, 2000 Re: Tropic Isle Cana~ Dredging (PN 00-11) Change Order #2 - Additional Dredging Material Quantity Attached for Commission approval is an agenda request for Change Order #2 to Subaqueous Services, Inc. on the above referenced Project. It adds 5,000 cubic yards (cy) of dredged material to the Contract quantity. The material will be paid at the original Contract unit price of $20.00/cy. The amount of the Change Order is an add of $100,000.00, to P.O. #589699. This additional quantity will be complete the dredging of the canals in accordance with the terms of settlement with the Tropic Isle Homeowner Association. Staff recommends approval of Change Order #2 to Subaqueous Services, Inc. Funding Source is 448-5461-538-~a0 (Tropic Isle Dredging) 65.54 File: 00-11A :co2mem.doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER NO. Two (2) I PROJECT NO. 00-11 PROJECT TITLE: Tropic Isle Canal Dredging TO CONTRACTOR: Subaqueous Services, Inc.. DATE: YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Dredge an additional 5,000 cy of material from canals in accordance with Contract unit price item #2 at $20.00/cy. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT iNCLUDING THIS CHANGE ORDER PER CENT INCREASE/DECREASE THIS CHANGE ORDER 438%% TOTAL PER CENT INCREASE/DECREASE TO DATE 438%% CERTIFIED STATEMENT: $59,069.00 $100,000.00 $159,069.00 $100,000.00 $259,069.00 I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contrected for under benet'~ of competitive bidding. for Subaqueous Service~, Inc. (sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER au~ {Tropic Isle Dredging) M~8-546].-538-65.54 FUNDS BUDGETED CODE RECOMMEND: for Environmental Services DELRAY BEACH, FLORIDA By its City Commission David Schmidt, MAYOR \...\9936~onstr~olfrm.doc A'I-rEST: APPROVED: By: City Attorney City Clerk MEMORANDUM David T. Harden, City Manager TO: FROM: THRU: DATE: SUBJECT: Kenneth L. Thomas, Community Development Coordinator Lula Butler, Community Improvement Director ~ May 5, 2000 Delray Beach Renaissance Program Subsidy Request ITEM BEFORE THE COMMISSION City Commission authorization and approval to issue a subsidy to one eligible applicant under the Delray Beach Renaissance Program. The subsidy represents applicant number 115 requesting a homeownership assistance grant provided under the City s Rena'ssance Program to date. BACKGROUND The Delray Beach Renaissance Program Memorandum of Understanding was approved by the City Commission on January 23, 1996. In partnership with the Delray Beach Community Development Corporation, the TED Center, the Community Redevelopment Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, we are committed to providing homeownership opportunities to 80 homebuyers through new construction and acquisition rehab beginning October 1, 1995 through September 30, 1998. An agreement to extend the program for one additional year was approved by all partners and the City Commission. On June 15, 1999, the City Commission approved a new Memorandum of Understanding operating the Renaissance Program from March 1999 to February 2001. Each potential homebuyer is required to attend a homebuyer's seminar sponsored by the Community Financing Consortium, Inc., the Renaissance Program's partner and first mortgage lender. The seminar includes training and information on financial planning, credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive glossary of real estate terms. The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and requires the applicant to maintain ownership/residence for a specified period according to the amount of the Grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per year for a period of five (5) years and Grant amounts equal to or greater than $15,000 but less than $25,000 per unit are forgiven at a rate of 10% per year for ten (10) years. RECOMMENDATIONS Staff is recommending City Commission approval to fund a subsidy for one eligible applicant of the following property: (Acquisition Rehab.) 708 SW 8t~ Court Colonial Heights, Lot 3, Block 3, PB 26, P 69 Agenda Item No.: ~', 0. AGENDA REQUEST Request to be placed on: __ Regular Agenda __ Special Agenda __ Workshop Agenda xxxx>~ Consent Agenda Date: December 6, 2000 When: December 12, 2000 Description of item: Authorization and approval to issue a subsidy to one eligible applicant under the Delray Beach Renaissance Program totaling $20,000.00. Note: Renec Ulysse ($20,000.00) represents homeownership assistance grant number 115 provided under the Renaissance Program to date. Recommendation: Staff recommends approval of one subsidy award. Funds are to be awarded from the State Housing Initiatives Partnership (SHIP) Program. SHIPTotaI: $20,000.00 Account Number: 118-1924-554.83-01 Department Head Signature: City Attorney Review/Recommendation (if applicable):_ Budget Director Review (required on all items involving expenditure of funds): Funding Available: ~'~qO /~'~Funding Altematives: ~'~ ,. (if applicable) ~ (~/~Account No. & Des~iptio,n~] ~-~q2C[-~D4.~-O~ ,~V-D-~4-~ f~t~5 ~( ~_~/Account Balance: ~ 202:")60 ' City Manager Review: Approved for Agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION NO (Acquisition Rehab.) CENSUS TRACT 68.02 NAME Renec Ulysse PROPERTY ADDRESS 708 SW 8th Court, Delray Beach LEGAL DESCRIPTION Colonial Heights, Lot 3, Block 3, PB 26, P 69. % OF AREA MEDIAN HOUSEHOLD INCOME 53% FIRST MORTGAGE RATE 8.125 % LTV 72.50 % NO. IN HOUSEHOLD 2 PROJECT/SUBSIDY BREAKDOWN COST OF CONSTRUCTION COST OF LOT COST OF EXISTING UNIT $ 73,000.00 Estimated Pre-paids (Lender 1003) $ 1,480.93 Estimated Closing Costs (Lender 1003) $ 2,922.10 TOTAL TRANSACTION: $ 77~403.03 FIRST MORTGAGE TOTAL SUBSIDY ($20,000.00) Second Mortgage Developer's Fee $3,000.00 $ 58,200.00 $17,000.00 (including rehabilitation costs) Bank Atlantic City of Delra¥ Beach SHIP City of Delra¥ Beach SHIP THIRD MORTGAGE OTHER CREDITS $ 1,000.00 Deposit Estimated Cash To/From Borrower $ 1,203.03 (Lender 1003) ST. DELRA Y BEACH MEMORIAL GARDENS SoW. S.W. 8TH COURT / F~z / ~ OIH 7TH 9TH 9TH STREET SCHOOL ST. ST. CT. 708 S.W. 8TH COURT MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~'/ - REGULAR MRRTING OF DECEMBER 12, 2000 RE¥1EW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DECEMBER 7, 2000 Attached is the Report of Appealable Land Use Items for the period December 4t~ through December 8, 2000. It informs the Commission of the various land use actions taken by the designated boards that may be appealed by the City Comtmssion. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. RefiApagmemo/Appealables/12.12.00 TO: THRU: FROM: SUBJECT: DA~ARDEN,~C. ITY MANAGER P,~//UL D~RLING,~A~ I~G PLANNING AND z ASMIN ALLEN, PLANNER MEETING OF DECEMBER 12, 2000 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS DECEMBER 4, 2000 THRU DECEMBER 8, 2000 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of December 4, 2000 through December 8, 2000. 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 minimum has not occurred). Section 2.4.7(E) 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. A. Approved (4 to 0, Keller, McDermott and Sexton absent), a Class III site plan modification, architectural elevation plan and a Certificate of Appropriateness associated with enclosing the covered porches of the office buildings at Stahl & Associates, located on the west side of North Swinton Avenue, between NW 1st Street and Martin Luther King Jr. Drive (138 North Swinton Avenue). B. Approved (4 to 0), a request for a Certificate of Appropriateness to allow the installation of two free standing signs for Southeastern Alliance Title Agency, located at the southwest corner of NE 4th Street and NE 1st Avenue (354 NE 1st Avenue). City Commission Documentation Appealable Items Meeting of December 12, 2000 Page 2 Other Items The Board reviewed the report regarding the designation of the Water House (two residential structures), located at 916 and 918 NE 5th Street in the Local Register of Historic Places and set the public hearing date for the designation of January 17, 2001. No Regular Meeting of the Planning and Zoning Board was held during this period. No Regular Meeting of the Site Plan Review and Appearance Board was held during this period. By motion, receive and file this report. Attachment: · Location Map CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - DECEMBER 12, 2000 H. PoB.: A. STAHL &ASSOCIATES B. $OUTHEASTERNALLIANCETITLEAGENCY LINTON Cr~( OF DELRAy BEACH, FL PLANNING & ZONING DEPARTMENT 2OO0 [lTV OF DELRriV BErI[H CITY ATTORNEY'S OFFICE 200 NW Tst AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 pEstROY, Writer's Direct Line: 561/243-7091 Ali. America City DATE: TO: FROM: MEMORANDUM December 8, 2000 City Commission ~--- Brian Shutt, Assistant City Attorney SUBJECT: Interlocal Agreement with the Town of Gulf Stream and Amendment No. 1 to the Developers Agreement Regarding Reconstruction of Pelican l.ane Ocean Hammock Development Corporation plans to construct townhonses on the south side of Pelican Lane. Pelican Lane is located partially in the City of Delray Beach and partially in the Town of Gulf Stream. The developer plans to raise a portion of Pelican Lane approximately 3 to 4 feet above its present location to address drainage issues in the area. In order for the developer to raise a portion of Pelican Lane a retaining wall will be needed. The retaining wall as well as a portion of Pelican Lane will be located in the Town of Gulf Stream. The Town of Gulf Stream has requested that the City enter into an agreement with the Town that would provide for the maintenance responsibilities of the parties involved as well as liability issues. The interlocal agreement provides that the Town shall have no maintenance responsibility whatsoever and that the City shall be responsible for the maintenance of Pelican Lane, regardless of whether or not a small portion is located in the Town. The interlocal agreement also provides that the City shall enter into an agreement with the developer of the project. The City had previously entered into an agreement with the developer of the project on November 30, 2000, regarding the furnishing of material by the City for certain infrastructure improvements. We now wish to amend that agreement to also provide for the responsibilities of the developer and homeowner's association regarding the retaining wall. The proposed developer's agreement provides that the developer and then the homeowner's association shall be responsible for the maintenance of the retaining wall as well as any guard rail or landscaping placed on or around the retaining wall. The developer and homeowner's association shall also indemnify the City and the Town of Gulf Stream for a failure to maintain on their part. As a result of a presentation to the Town Council for Gulf Stream, certain changes will be made to the engineering plans that are attached to these agreements.' As soon as the requested changes are made a revised copy will be provided to you. By copy of this memorandum to David Harden, our office requests that these items be placed on the December 12, 2000 City Commission agenda. Please call if you have any questions. CC: David Harden, City Manager Alison Harry, City Clerk Randal Krejcarek, City Engineer MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~5'.~ . REGULAR MEETING OF DECEMBER 12, 2000 DATE: AWARD OF BIDS AND CONTRACTS DECEMBER 8, 2000 This is before the City Commission to approve the award of the following bids and contracts: Contract award in the mount of $1,133,457.03 to Florida Blacktop, Inc. for construction of the Southeast/Southwest Area Infrastructure Improvements (a 2000 Roadway Bond project), with funding in the amount of $189,894.88 from 370-3162-541-65.45 (2000 Roadway Bond - SE/SW Area), $231,654.39 from 442-5178-536-65.50 (Water & Sewer R&R - Water Main SE/SW Area), $152,383.03 from 448-5461-538-65.50 (Stormwater - SE/SW Area), $65,000.00 from 448-5461-538-65.53 (Stormwater - SE 7th Avenue), and $494,524.73 from 441-5181-536- 69.22 (W&S - SE 7th Avenue Water Main). Bid award in the estimated amount of $92,040.00 for annual contracts with multiple vendors, via co-op bid, for various road construction materials, with funding from Streets Division and Construction Division FY 2001 operating budgets and capital project accounts. Purchase award in the total amount of $279,382 to Comark Government and Education Sales Inc., via Florida SNAPS* II contract, for the purchase of Panasonic laptops, bacldit keyboards, software and accessories for the Police Department, with funding from 334-6111-51%64.29 (COPS More 98 Grant). *SNAPS = State Negotiated Agreement Pricing Schedule Recommend approval of the bid and contract awards listed above. RefiBid.Agmemo.12.12.00 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden, City Manager L. Krejcarek, P.E., City Engineer ~,4~z~?f Randal 07 Dec 2000 Commission Agenda Item Construction Contract Award SE/SW Area Improvements Project # 2000-046 2000 Road Bond Program www. delrayesd.com The attached agenda item is for Commission approval/authorization for Mayor to execute Contract with Florida Blacktop, Inc. This Contract is for Southeast/Southwest Area Infrastructure improvements. These improvements include: installation of water mains, drainage, street reconstruction/resurfacing and traffic calming (on SE 7th Avenue). Total cost for this Contract is $1,133,457.03. Funding is provided as follows: Account # Description Contract Amount 370-3162-541-65.45 442-5178-536-65.50 448-5461-538-65.50 448-5461-538-65.53 441-5181-536-69.22 Total SE/SW Area Water Main SE/SW Area SE/SW Area SE 7~ Av SE 7~ Av Water Main $189,894.88 $ 231,654.39 $152,383.03 $ 65,000.00 $ 494,524.73 $1,133,457.03 The attached map shows the project locations and the complete bid tabulation for this project. Please place this item on the 12 December 2000 Commission Agenda. enc CC: Richard Hasko, P.E., Director of Env. Svcs. Joseph Safford, Finance Director file :~EngAdmin~Projects~2000t2000-O4610FFIClAL tagendamemo 12-12-00. dcc Cl~ of DELRAY BEACH SE/SW AREA IMPROVEMENTS E~M~ 8ER~8 DEP~ 2000 ROADBOND ~~A~~,~ KEY MAP ~000-04~ City of Delray Beach ST-~W Area Infrastructure Improvements City Project No. 2000-046 Bid No, 2001-003 ...... C~) ~(} $16,C00.00 $16,000.00 S 16,000.00 $16,0~0.00 AGENDA REQUEST Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda Agenda Item No. ~. ~ I Date: 07-Dec-2000 VVhen:12-Dec-2000 Description of item (who, what, where, how much): Commission approval/authorization for Mayor to execute Contract with Florida Blacktop, Inc. This Contract is for Southeast/Southwest Area Infrastructure Improvements. These improvements include: installation of wateramins, drainage, street reconstruction/resurfacing and traffic calming. Total cost for this Contract is $1,133,457.03. Funding is provided as follows: Account # Description Balance Contract Amount 370-3162-541-65.45 SE/SWArea q~5.~5~,~0 $-8:2-1~36~ ~ $189,894.88 442-5178-536-65.50 Water Main SE/SWArea $ 382,475.00~/ 448-5461-538-65.50 SE/SW Area '$152,400.00' 448-5461-538-65.53 SE 7~ Av $ 65,000.00v' 441-5181-536-69.22 SE 7~ Av Water Main '1t,3, l~ $ $2C,OOO.OO,/ Total Note: * = Balance after transfer $ 231,654.39 $152,383.03 $ 65,000.00 $ 494,524.73 $1,133,457.03 ORDINANCE/RESOLUTION REQUIRED: YES,NO DRAFT ATTACHED YES/NO Recommendation: Staff recomrt~ds apll."o~al/authorizatio.,r~ Department head signature (~(~ .(~) ~ 1~-7-au Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable)i Budget Director Review (reauired on ~ items, involving expenditure of funds): Funding available:~Y'ES~NO(~--J~ .~~ Funding alternative's-~ ~ - (if applicable) Account No. & Description See table above Account Balance See table above - City Manager Review: appr°ved f°r agenda: ~'cl ~NOHold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved $:lEngAdmintProjects~OOOt2000-O46tOFFIClALlagenda12.12.00. doc MEMORANDUM TO: FROM: THROUGH: DATE: SUBJECT: David T. Harden, City Manager Jacklyn Rooney, Purchasing Supervisor Joseph St~ance Director December 07, 2000 DOCUMENTATION - CITY COMMISSION MEETING DECEMBER 12, 2000- BID AWARD -BID #2000-$2 CO-OP BID FOR ROAD CONSTRUCTION MATERIALS ANNUAL CONTRACT Item Before Commission: City Commission is requested to approve award for multiple annual contracts for Road Construction Materials to various vendors listed below, at an estimated annual cost of $92,040. Background: The City of Delray Beach is the lead organization for this Co-op Bid. Eight (8) vendors submitted bids on October 31, 2000, based on estimated annual quantities from eight (8) governmental entities. (Bid #2000-52 on file in the Purchasing Office.) A tabulation of bids is attached for your review. Delivery Costs: A separate schedule of pricing sheet was included in bid specifications for delivery to each participating entity. Pick-Up Costs: To obtain a more accurate cost for picking up road construction materials with City tracks, total cost concepts were placed in the Co-op specifications (this cost was calculated by sending a driver to pick up a load of road rock and the average multiplier for annual vehicle costs and hourly personnel costs). Awards are to be made individually by each participating entity based on an average cost of $.78 per mile that each entity adds to the truck load price. Each entity clocks the round trip distance from their respective facility to each vendor's pick-up site. In addition to the unit price of the material, now the costs involved in picking up the material are also considered in determining the true low costs to each entity. Attached for your review is the requirements and recommendations for award for the City of Delray Beach. Recommendations are being made to low bidder(s) for delivered materials and bidder(s) with low truckload cost for pick-up materials. The recommended vendors for the City of Delray Beach are as follows: Vendor: Est. Annual Dollar Amount: Hardrives, Inc. Community Asphalt Corp. Allied Trucking of Palm Beach Austin Tupler Trucking Inc. D.S. Eakins Construction Co. Conrad Yelvington Dist. Inc. Ready Road Repair Inc. $ 47,000.00 $ 75O.OO $10,555.00 $12,578.25 $13,500.00 $ 4,540.00 $ 3,116.75 Total $ 92,040.00 The Deputy Director of Public Works and Deputy Director of Construction have reviewed the bids and recommend award as stated above. Recommendation: Staff recommends the multiple awards as outlined above. Funding from department's operating expense budgets and capital project accounts. Attachments: Memo to Co-op Members and Tabulation of Bids City of Delray Beach Requirements Memo From Deputy Director of Public Works Memo From Deputy Director of Construction Cc: City of Boca Raton City of Boynton Beach City of Riviera Beach City of Belle Glade City of West Palm Beach City of Deerfield Beach Solid Waste Authority of Palm Beach County CITY OF DELRAY BEACH REQUIREMENTS PICK-UP MATERIALS Group A: Road Materials - Asphalts ITEM DESCRIPTION EST. ANNUAL LOW USAGE BIDDER UNIT COST EXTENDED COST 2. 3. 4. 5. 6. Type S-1 Asphalt 250 tons Type S-II Asphalt 100 tons Type III Asphalt 250 tons Cold Patch Asphalt 150 tons RC #70 Tac Oil 500 gal Permanent Cold Patch 65 tons Permanent Cold Patch n/a Group 1. 2. 3. 4. 5. 6. 7. B: Road Materials - Non Asphalts Crashed Coarse Limerock 650 tons Pit Run Shell Rock 400 tons Drainfield Rock %" I00 tons Best Mason Sand 25 tons Clean Fill Dirt n/a Precast Car Bumpes w/pins 200 each Crashed Recycled Concrete n/a DELIVERED MATERIALS Group A: Road Materials - Asphalts ITEM DESCRIPTION EST. ANNUAL USAGE Hardrives, Inc. Hardrives, Inc. Hardrives, Inc. Hardirves Inc. Community Asphalt Ready Road Repair Ready Road Repair Allied Trucking Hardrives, Inc. Austin Tupler Austin Tupler Hardrives, Inc. Hardrives Austin Tupler LOW BIDDER $32.00 ton $33.50 ton $32.00 ton $41.00 ton $ 1.50 gal $47.95 ton $ 7.25 pail $ 6.50 ton $ 3.75 ton $ 6.95 ton $ 6.49 ton $ 2.35 CY $15.00 ea. $ 6.90 CY UNIT COST $ 8,000.00 $ 3,350.00 $ 8,000.00 $ 6,150.00 $ 75O.OO $ 3,116.75 n/a $ 4,225.00 $1,500.00 $ 695.00 $ 162.25 n/a $ 3,000.00 n/a EXTENDED COST 2. 3. 4. Type S-I Asphalt 250 tons Type S-II Asphalt n/a Type III Asphalt 250 tons Crashed (Recycled) Asphalt n/a Group B: Road Materials - Non Asphalts 2. 3. 4. 5. 6. 7. Crashed Coarse Limerock 1350 tons Pit Run Shell Rock 600 tons Drainfield Rock 3A" 400 tons Best Mason Sand 25 tons Clean Fill Dirt 200 yards Precast Car Bumpes w/pins n/a Crashed Recycled Concrete 1,500 cu yd Hardrives Inc. Community Asphalt Hardrives Inc. Community Asphalt $34.00 ton $35.50 ton $34.00 ton $14.50 ton $ 8,500.00 n/a $ 8,500.00 n/a Austin Tupler $ 8.50 ton $11,475.00 Allied Trucking $ 8.50 ton $ 5,100.00 Conrad Yelvington $11.35 ton $ 4,540.00 Austin Tupler $ 9.84 ton $ 246.00 Allied Trucking $ 6.15 CY. $ 1,230.00 Hardrives Inc. $ 20.00 ea. n/a D.S. Eakins $ 9.00 CY $13,500.00 Grand Total $ 92,040.00 [lTV OF I EUlRV BERgH DELRAY BEACH AII-Ameflca C~ ~993 Members of the Palm Beach County Cooperative Purchasing Council 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 561/243-7000 November 01, 2000 RE: Bid #2000-52 - Co-op Bid "Road Construction Materials" Dear Members; As the City of Delray Beach is the lead entity for this Co-op Bid, attached you will find the "Tabulation of Bid" sheets and copies of all original bids received in Purchasing on Tuesday, October 3 l, 2000. The schedule of pricing for Pick-up Prices will be awarded individually by each participating entity based on pick-up cost of $.78 per mile that each entity will add to the unit price for round-trip travel miles from their respective garage to the vendor(s) site. (Note page 7, Section I, of the bid specifications). The schedule of pricing for Delivered Prices will also be awarded individually by each participating entity. Entities which requested Delivered Prices are as follows: Solid Waste Authority, City of Delray Beach, City of Boynton Beach, City of Boca Raton, and City of Belle Glade. See attached tabulation of bid sheets for each entities individual pricing sheet. If you have any questions please contact me at (561) 243-7163. Sincerely, Jacklyn Rooney, Purchasing Supervisor Attachments Cc: Milena L. Walinski, CGFO, Asst. Finance Director~ City of Boca Raton City of Deerfield Beach City of Boynton Beach City of West Palm Beach City of Belle Glade City of Riveria Beach Solid Waste Authority THE EFFORT ALWAYS MATTERS tu o ~o~- 0¢30 ~° z 0 0 ~i~ z z z z ~ z z z z z 0000 00000000 ~oooo~ oooooooo ° ° ° o o o ~ ~ o !o o o ._z z z z z z ~ ~ z z z 8 §~oooo~ ~ E~~5 oooooooo ~ez z z . z ~ z z z ~ ~ ~ ~ ~ · c~!oo ~o oooooooo ~O~ooooo ooom~°, . m <~ o~ = = ~ e ~ '~ ~ ~.- AGENDA ITEM NUMBER: ~?...~'. ,:~ AGENDA REQUEST Request to be placed on: December 12, 2000 Date: December 07, 2000 XX Consent Agenda __ Special Agenda __ Workshop Agenda Description of agenda item: Bid Award - Bid #2000-52 - Co-op Bid Road Construction Materials -Annual Contract. Award to various vendors at an estimated annual cost of $92,040 for the City of Delray Beach. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO NO Recommendation: Award to various vendors listed below at an estimated annual cost of $92,040 for the City of Delray Beach for various road construction materials. Funding from various departments (Streets Division and Construction Division) operating budget and capital project accounts. Determination of Consistency ~h"Compmhensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes ~'~ No Funding alternatives: (if applicable) Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda: Hold Until: No Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM TO: FROM: THROUGH: DATE: SUBJECT: David Harden, City Manager Jacklyn Rooney, Purchasing Supervisor Joseph Sa~nance Director December 07, 2000 DOCUMENTATION - CTIY COMMISSION MEETING DECEMBER 12, 2000 - PURCHASE APPROVAL FOR PURCHASE OF LAPTOPS FROM COMARK GOVERNMENT & EDUCATION SALES INC. VIA THE FLORIDA SNAPS CONTRACT Item Before Commission: City Commission is requested to approve the purchase of laptops, backlit keyboards, software and accessories for the Police Department from Comark Government and Education Sales Inc. for the total amount of $279,382 via the Florida Snaps II Contract #2501937-1. Background: These new laptops will replace existing Panasonic laptops. In addition, included in the order are backlit keyboards for existing Panasonic laptops #CF-27's to allow easy input and viewing for the officers on the night shift to increase officer safety. See attached memo from the Police Department Administrative Services Division dated December 07, 2000. These laptops and accessories were approved in the COPS More 98 Grant, Project #99052, and are available from Comark Government and Education Sales Inc. via the Florida Snaps II Contract #2501937-1. See attached proposal dated November 29, 2000 from Comark Govemment and Education Sales Inc. The Finance Director and MIS Manager have also approved this purchase and account coding as shown on attached copy of requisition #84838. Recommendation: Staff recommends approval for the purchase of the laptops and accessories from Comark Government and Education Sales Inc. for a total amount of $279,382 via the Florida Snaps II Contract #2501937-1. Funding from COPS More 98 Grant, Project #99-52, account number 334-6111-519-64.29. Attachments: Memo from Police Department Quote from Comark Government and Education Sales Inc. Delray Beach Police Department Memorandum To: From: Date: Subject: Director David Junghans Administrative Services Asst. Director Tina L. Lunsford Support Services Division September-0;-}999 1~ l/~2 / O 0 Requisition #84838 Panasonic Laptops The above requisition includes laptops and accessories approved in the COPS More 98 Grant, Project #99052. Part of the laptops will be used to replace existing Panasonic CF-25's to be issued to the Fire Department and the others will be used for Community Service Specialists and backups. Included in the order are hacklit keyboards for existing CF27 to allow easy input and viewing on the night shift to increase officer safety. Please forward this request to Purchasing for approval by the City Commission. I recommend the purchase of this equipment offofthe Florida SNAPS Contract #250193- 1, which will be funded out of the Cops More 98 Grant, Project #99052, and Account #334-6111-519-64.29. Your prompt action will greatly be appreciated. U o o o o o o o o U o o ©U UU 000000000 0 000000000 0 Quota 000911 rp Lunsford-DBP Delray Beach Police Over the past two decades, Comark, Inc. has grown to become a $2 billion enterprise and one of the largest, private;y-held resellers of computer products and value-added services in the nation. We help businesses, education institutions, state and local governments, even the federal government, become mo~e efficient, productive and improve the quality of their organizations thr~Jgh the strategic use of information technol(xjy. We provide a full range of advanced services to help you optimize your business and technology through comprehensive lifecyole management solutions. Sef~ces include asset management, cenr~uration and advanced integration, thtem~ sen~ons, Y2K compliance, NT and SMS migration, es well es the following: Ne~ork Cermulting and Analysis Natw~k Installation On Site Network Management Financing Op(Jons Neiwerk Design Nelm3~ Maintenance Full Co~ra~ Maintenance Plans Technology Refresh Programs ~TB 27 NB 6/300 64MB 6GB 12.1 TFT TCH W98 52 CF-27EB6GCAM98 [] Panasonic BackLIt Keyboard for TB-2? ~ Kingston 64MB Toughbook 27 Pentium II CF.27 [] Installation of Software WIO OS decompression [] *installation of backllt keyboards [] Installation of memoW [] MOL-5.0 GOVt' OFFICE PRO 2000 [] AC Adapter CF-27 135 CF-WMKB271 78 M864004 52 99-PACK1/99-APPS 83 1111111 52 99-PRINTER 52 269-03850 269~3573 3Ol $40,635 95 $7,410 37 $1,924 25 $2,075 16 $832 345 $17,940 16 $16 81 $810 Total $~9,~2 Optional Item: CF-WMBA7164 Panasonic 64 MB RAM $147.00 CN01/OCN1 TARGUS NOTEPAC NYLON 14X11X2.5 $28.00 PA375U Targus UNIV AUTO/AIR POWER ADAPT APL PAN $89.00 *The 83 systems will have to be available at one location in order to be configured. (We can talk about this) Comark Ricardo R. P~3r, Account ~ive Tir~ Lu.dord AGENDAITEMNUMBER: AGENDA REQUEST Request to be placed on: December 12, 2000 Date: December 07, 2000 XX Consent Agenda Special Agenda __ Workshop Agenda Description of agenda item: Purchase of Panasonic laptops, backlit keyboards and accessories from Comark Government and Education Sales Inc. for a total amount of $279,382 via the Florida SNAPS II Contract #2501937-1. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Purchase approval for laptops and accessories from Comark Government and Education Sales Inc. for a total amount of $279,382 via the Florida SNAPS II Contract #2501937-1. Funding from COPS More 98 Grant, Project #99-52, account number 334-6111-519-64.29. Department Head Signa~-, Determination of Consistency it~C//omprehensive Plan~:' City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes 7-,"'~ Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda:~ ~ Hold Until: Agenda Coordinator Review: Received: Action: Approved ~ No (if applicable) No Disapproved MEMORANDUM TO: FROM: DATE: SUBJECT: David T. Harden, City Manager ~Robert A. Barcinski, Assistant City Manager December 6, 2000 Agenda Item # ~] City Commission Meeting, December 12, 2000 Funding Request/Roots Cultural Festival ACTION City Commission is requested to approve a funding request in the amount of $5,500 for the year 2001 Roots Cultural Festival. Funding is available in City Commission Special Event Account #001-1111-511-48.10. BACKGROUND As you may recall, we received a funding request from the Roots Cultural Festival, Inc. for FY 2000-01 in the amount of $40,000. Staff did not recommend funding. However, City Commission indicated that they would consider a request for funding in early December, with the understanding that the Roots Cultural Festival Committee continue to try to raise the $40,000 from other sources. The Committee has been successful in obtaining $34,500 from other sources, but still needs and additional $5,500 to match the $40,000 grant. Attached is a letter request received from Mr. Stevens. RECOMMENDATION Staff recommends approval of the fimding request from Roots Cultural Festival, Inc. in the amount of $5,500 with funding to come from account #001-1111-511-48.10. RAB:kwg Attachment File:u:sweeney/agenda Doc.:2001 Roots Cultural Festival F CX:)T CULTURAl. FESTIVAL. lNG. A Celebration of Unity and Culture 0 000 CITy /V/,~ N~ C, E. December 4, 2000 Mr. David Harden, City Manager City of Delray Beach 100 N. W. 1~ Avenue Delray Beach, FL 33444 Dear Mr. Harden: This letter is in response to Roots Cultural Festival's request to the city for funds to match a Knight Foundation grant received by our organization. The grant must be matched by the end of the calendar year. We were directed by commissioners in a city commission workshop to explored other avenues to raise the required dollars. They promised to contribute up to $6,500 if we were unable to raise the entire amount. To date, we have been successful in raising $34,500 toward the $40,000 rsquirament. Following is the list of contributions: Palm Beach County - $25,000 McArthur Foundation (through the CRA) 5,000 Mikel Jones, Esquire 3,500 Community Redevelopment Agency (Delray) - 1,000 We ers requesting that the city contributes the remaining $5,500 needed to receive the balance of the grant. Please contact me should you have questions. Sincerely you.rs, Tom~/... Stevens Executive Director P.O. Box 2654 Delray Beach, FL. 33447 · MEMORANDUM TO: FROM: THRU: DATE: David T. Harden, City Manager Kenneth L. Thomas, Community Development Coordinator Lula Butler, Community Improvement Director ~ December 6, 2000 SUBJECT: Community Development Block Grant (CDBG) Consolidated Annum Performance and Appraisal Report (CAPER) Fiscal Year 1999-2000 ITEM BEFORE THE COMMISSION City Commission approval of the Consolidated Annual Performance and Appraisal Report required by the Housing and Urban Development (HUD) Department of the United States to highlight the annual performance of the City's Community Development programs. BACKGROUND Pursuant to the Housing Act of 1974, HUD requires all local municipalities and urban counties to prepare local housing plan documents as a condition of receiving federal assistance. In addition, HUD requires that each municipality and urban county submit an Annual Performance and Appraisal Report to document accomplishments utilizing CDBG funds during the fiscal year. The CAPER allows HUD, local officials, and the public to evaluate the City's overall performance, including whether activities and strategies undertaken during the preceding year actually made an impact on the goals and needs identified in the Consolidated Plan. RECOMMENDATIONS Staff is recommending City Commission approval of the Consolidated Annual Performance and Appraisal Report for Fiscal Year 1999-2000. Agenda ItemNo.: 9.~. Request to be placed on: Regular Agenda __ Special Agenda Workshop Agenda xxxxx Consent Agenda Date: December 6, 2000 When: December 12, 2000 Description of item: City Commission approval of the Consolidated Annual Performance and Appraisal Report required by the Housing & Urban Development (HUD) Department for utilization of grant funds. Recommendation: Staff recommends approval of the Consolidated Annual Performance and Appraisal Report. CDBG Total: N/A Account Number: Department Head Signature: j~r 4-A~--~~ 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: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: NATIONAL NEWS 8A Friday, December 8, 2000 CITY OF DELRAY BEACH COMMUNITY IMPROVEMENT DEPARTMENT COMMUNITY DEVELOPMENT DIVISION On December 8, 2000, The City of Delray Beach Community Development Division will make available for public review and comments, the City of Delray Beach Annual Performance and Evaluation Report (CAPER) for FY 1999-2000. This document highlights the annual performance of the City's Community Development programs with respect to the overall Five-Year Consolidated Plan priorities and objectives for the Community Development Block Grant (CDBG) and other (local) housing and community development related programs. Citizens, public agencies, and other interested parties are invited to submit written comments xcgarding the CAPER on or before December 23, 2000 to: The City of Delray Beach Community Development Division, 100 N.W. 1st Avenue, Delray Beach, Florida 37.~.~.; Telephone: (561) 243-7280. Copies of the CAPER are available for review at the location stated above, Monday through Friday, from 8:00 A.M. to 5:00 P.M. PUBLISH: December 8, 2000 Boca Raton/Delray Beach News Ad# NS 1204 rlT¥ OF I)ELIIR¥ BER£H Consolidated Annual Performance and Appraisal Report (CAPER) Fiscal Year 1999-2000 Community Development Block Grant (CDBG) DELRAY BEACH F L 0 R t D A NI-AmericaCity 1993 Lula Butler, Director, Community Improvement Department Kenneth L. Thomas, Coordinator, Community Development Division City of Delray Beach Community Improvement Department Community Development Division t00 NW t-t. Avenue Delray Beach, Florida 33444 City of Delray Beach Community Development Block Grant (CDBG) Consolidated Annual Performance and Appraisal Report (CAPER) FY 1999-2000 NARRATIVE STATEMENT TABLE OF CONTENTS II. III. IV. V. VI. VII. VIII. IX. Xl. Xll. Assessment of Three- to Five- Year Goals and Objectives ........................ Affirmatively Furthering Fair Housing .................................................... Affordable Housing ........................................................................... Continuum of Care Narrative .............................................................. Other Actions ................................................................................. Leveraging Resources .................................................................... Citizen Comments .......................................................................... Self-Evaluation .............................................................................. Additional (Narrative Statement) issues ............................................. Use of CDBG Funds in Relationship to Consolidated Plan ........... Nature and Reason for Changes ............................................ Efforts in Carrying out Planned Activities .................................. Benefiting the National Objectives ........................................... Activities Involving Occupied Real Property ............................... Economic Development Activities Undertaken ............................ Public Participation / Additional Requirements ...................................... Map Depicting City of Delray Beach CDBG Target Area ......................... Summary Accomplishments and Program Information for Entitlement Communities (IDIS Generated Reports) and Financial Summary Form (4949.3) .............................................. 3-4 4-5 5-7 7-8 8-11 11-12 12 12 - 13 13- 15 13-14 14 14 14 15 15 15 16 17 I I. Assessment of Three- to Five- Year Goals and Objectives Dudng the 1999-00 Fiscal year (October 1, 1999 through September 30, 2000), the City of Delray Beach continued its efforts to further stabilize deteriorating conditions and revitalize neighborhoods throughout the Community Development Block Grant (CDBG) Target Area in order to improve the overall quality of life for our citizens. The City of Delray Beach has continued its tremendous efforts aimed at forming and supporting neighborhood associations, beautification, street improvements and development of the histodc downtown corridor. Efforts have continued to increase and improve through corporate/private investment in the City's Target Area business district, to address the recommendation continuing with the Visions 2000 and 2005 Plans. The Strategic Plans outline (among other things) various issues requiring concentrated efforts and the continued investment of future resources (such as neighborhood revitalization, redevelopment, economic development, human relations, etc.). Residents of the City's Target Area highlighted additional priodty needs such as owner-occupied rehabilitation, crime prevention, sidewalk installations and neighborhood associations. As a direct result of the City's on-going comprehensive rehabilitation and homebuyers programs, property values have continued to increase and the goal of stimulating the housing market through private construction activity has been met. A competition between producers of affordable units (both public and pdvate for and not for profit organizations) now exists in Delray Beach and our neighborhoods are experiencing the positive results. Organized citizen roving patrols, community policing initiatives and our substance abuse prevention programs have also assisted in decreasing the threat and incidences of crime. The Department of Community Improvement continues to provide concentrated code enforcement, investments in infrastructure, neighborhood improvements, opportunities for homeownership and housing rehabilitation through the vadous programs and investment strategies highlighted in this annual report. To accomplish the goals set for neighborhood revitalization direct benefit in the form of housing and various other identified needs, the City made funding available from the Community Development Block Grant (CDBG) Program ($999,298.39), State Housing Initiatives Partnership (SHIP) Program ($506,987), City funded Neighborhood Housing Program ($106,780), State Department of Children and Families Office of Alcohol, Drug Abuse & Mental Health (ADM), through a collaboration with MADDADS of Greater Delray Beach ($135,000), Delray Beach Housing Authority ($919.00), and Community Redevelopment Agency Loan Subsidy Program ($100,000). A total of $1,898,065.39 was made available to provide community identified priority needs benefiting very Iow, Iow and moderate-income residents during the 1999-00 Fiscal Year. A total of sixty (60) housing units received assistance through the vadous housing programs made available, investment activities included existing owner-occupied housing rehabilitation, emergency repair of owner-occupied units, extedor improvements, rehabilitation of investor- owned properties and first time homebuyer purchase assistance programs. In accordance with the City's Five Year Consolidated Plan (Priority Needs Summary table), Owner-occupied housing rehabilitation household income ranges of 0-30%, 31-50% and 51- 80% of median for the area are given a "High Priority". Housing accomplishments in accordance with these priorities are provided below. In terms of homeless needs, the Consolidated Plan table lists Outreach Assessment and Transitional Shelters for families and Permanent Supportive Housing for Persons with Special Needs as "High Priorities" as well. Accomplishments are provided in the Continuum of Care section of this report. During the reporting pedod, the Department also addressed the following ~High Priorities" listed in the Consolidated Plan as "Priority Community Development NeedsU: Neighborhood facilities, Childcare Centers, Parks and/or Recreational Facilities, Sidewalk Improvements, Youth Services, Crime Awareness, Fair Housing Counseling, subsidized Childcare Services and Code Enforcement (non-CDBG). Individual priodty accomplishments are reflected below by funding source. Housing investment activities included existing owner-occupied housing rehabilitation, emergency repair of owner-occupied units, and exterior improvements. CDBG funds were also utilized for the demolition and clearance of unsafe, abandoned (vacant), and dilapidated housing units. Funds provided direct monetary assistance for subsidized childcare services, neighborhood street patrols, drug prevention, development of neighborhood associations, housing counseling and emergency intervention programs, target area sidewalk installation, recreation facilities improvements, promotion of fair housing, and renovation of the Boys & Girls Clubs South County. Ali funded activities are considered to be "High Priorities" in accordance with the City's Five Year Consolidated Plan. I II. Affirmatively Furthering Fair Housing During this program year (99-00), the City of Delray Beach continued to focus attention on the delivery of housing and the problems associated with citizens' ability to access/obtain affordable housing. Issues and problems faced by the City of Delray Beach are similar to those experienced throughout the entire Palm Beach County area. Some of the identified impediments are as follows: 1. The 90% of median price for single-family homes/units in Palm Beach County remain at $134,040 (new construction). 90% of median price for single-family (existing) homes/units remains at $107,949. This continues to represent a significant financial burden for those households desidng homeownership. 2. Redevelopment successes have inherently translated into increased land costs for additional infill development; this overall increase in costs acts as a barrier. 3. Economic and educational barriers continue to inhibit homeownership opportunities in some cases. 4. There are no comprehensive pre and post-closing credit and budget counseling services available to homebuyers except for Habitat for Humanities clients. Services are needed in order to ensure stability of ownership and long term affordability. 5. The lack of marketable titles for numerous remaining vacant parcels within the CDBG and CRA Target Areas has translated into a decrease in the flow of new affordable unit construction in recent months. This has negatively affected Habitat for Humanity's mission in Delrey Beach as well. Recommendations for Overcoming the Impediments to Fair Housing Continuation of the City's commitment to grant subsidy programs providing gap financing for very Iow and Iow-income households and homebuyers. The City's collaborative housing delivery system and effective programs have streamlined the process of affordable unit development. The US Department of Treasury must give censidereflon to the revision of Revenue Proclamation 94-55, and reflect the current median area purchase pdce for Palm Beach County. This will allow for the development of units above the current allowable level (90% of median) as listed above. Although increased land and unit costs are a direct result of redevelopment successes, the issues of affordability may be adequately addressed through an increase in the number of acquisition/rehabilitation deals undertaken. Increased educational training programs and meaningful economic development initiatives may assist with specific barriers. Meaningful and comprehensive pre and post-closing housing counseling by a certified agency will assist with long term affordability barriers. Finally, only a true change in the hearts and minds of people and organizations that purposely, strategically and illegally create impediments and barders to fair housing will bring lasting and meaningful change. Until then, issues of residential segregation, NIMBY, basic human rights violations and other activities aimed at perpetuating unfair and illegal practices will persist throughout society as a whole. Dudng this review pedod the City of Delray Beach continued to provide CDBG assistance to the Fair Housing Center of Greater Palm Beaches (FHC) Inc., a non-profit fair housing organization. Although FHC, Inc., does not have the authority to enforce fair housing regulations, the organization accomplishes its goals through public education seminars and the ability to initiate legal proceedings against housing provider's accused of violating fair housing laws. The activities of FHC, Inc., are focused throughout Dade, Broward and Palm Beach Counties (including the City of Delray Beach). During this review pedod FHC, Inc., conducted a total of four (4) educational workshops/seminary as contracted. The same was provided for civic organizations, students at area schools, local realtors, and community based organizations. I III. Afford=__hle Housing The City of Delray Beach, through its Community Development Division, is committed to the continued provision of affordable housing opportunities throughout the City. Various resources (as described throughout this report) are utilized to maintain and expand the City's inventory of affordable units. The Five-Year Consolidated Plan determined that all three household income categorized are prioritized as follows: Very Low-Income 0-30% "High", 31-50% "High", 51-80% "High". During this review pedod, pdority housing needs were addressed as follows below. A. Owners PHority # 1: Very Low Income (0-30% MFI) and Low-Income (31-50% MFI) Existing Homeowners and First-Time Homebuyers with children; and Moderate-Income (51- 80% MFI) First-Time Homebuyers with Children. Community Development Block Grant (CDBG) Twelve (12) owner-occupied units were completed (full rehabilitation and emergency repair) with a total of $98,260.50 in CDBG funds, providing housing rehabilitation at approximately $8,188.38 per unit. Eight of the households assisted were within the very and very-very Iow- income categories; two of the households assisted were within the Iow-income category. Ten (10) of the households assisted are classified as Black, non-Hispanic. Two assisted households are characterized as Hispanic. Additional units are currently underway. Sbz;e Hou~-i-n,q Initiatives Pa~u~ership (SHIP~ ProRram (for owner, occupied rehabilitation~ Ten (10) owner-occupied units were completed (full rehabilitation) with a total of $118,244.16 in SHIP Program funding, providing housing rehabilitation at approximately $11,824.42 per unit. Six of the assisted households wore within the very Iow-income category. Four of the assisted 5 households were within the Iow-income category. Eight of the households assisted are classified as Black, non-Hispanic. One assisted household is classified as White. One assisted household is classified as Hispanic. Additional units are currently underway. City of Delra¥ Beach NeiRhborhood Housina Pro.qram- Bootstrap Rehabilitation ProRram (for owner-occupied rehabilitation) Eleven (11) owner-occupied units were completed (exterior improvements) with a total of $40,524.61 in City funded Bootstrap Program dollars, providing improvements at approximately $3,684.06 per unit. Two of the assisted households were within the very-very Iow-income category. Four of the assisted households ware within the very Iow-income category. Five of the assisted households were within the Iow-income category. Four of the households assisted are classified as White. Five of the assisted households are classified as Black, non-Hispanic. Two of the assisted households are classified as Hispanic. Additional units are currently underway. Community Redc'.~.opment AFie~c¥- Interest Free ~n~n S,_,_h~_idy ProMam (for exterior improvements to residential and commercial structures within the Redevelopmer,; Area) A total of nine (9) units were completed during the reporting period under this progra.~. Additional units are currently underway. FIRST. TIME HOMEBUYER (RENAISSANCE) PROGRAM A. Priority #1: Very Low-Income (0-30% MFI) and Low-Income (31-50%) Existing Homeowners and First-Time Homebuyers with Children; and Moderate- Income (51-80% MFI) First-Time Homebuyers with Children. The City continued its efforts to increase homeownership opportunities for area residents through the continued funding and partnership of the award-winning Delrey Beach Renaissance Program. During this program year a total of 18 first-time homebuyer subsidy awards were approved by the City Commission and committed to eligible homebuyers. The primary funding source for this continued initiative is the State Housing Initiatives Partnership (SHIP) Program. A total of $353,687 was approved and committed during this time. Additional funding sources under the Renaissance partnership in the amounts of $919.00 (from the Delray Beach Housing Authority) ware also utilized to assist the 18 first-time homebuyers. The City of Delray Beach provided waivers of permit fees to certified builders for new construction of affordable housing units. This small investment of public dollars resulted in the direct leveraging of millions of dollars in private first mortgage funds from area lenders. Thirteen (13) of the households assisted ware within the Iow-income category. Five (5) of the households assisted were within the very Iow-income category. The average subsidy assistance award provided under the SHIP component of the first-time homebuyer program during this program year was $16,241.70. Additional subsidy assistance packages are currently being reviewad. HABITAT FOR HUMANITY SOUTH PALM BEACH COUNTY Through the use of funding made available under the Ne;~l,borhood Housing Program section of the Community Development Division, the City continued its efforts to acquire and convey vacant buildable lots to Habitat for Humanity of South Palm Beach County. This relationship has existed for several years and serves to assist both Habitat and the City of Delray Beach. During this period one lot was donated to the organization for an eligible homebuyer. The value of the land donation serves to limit the cost of each individual home purchase for Habitat clients. Concurrently, the City benefits from additional infill housing opportunities and property tax revenues. The proposed home will benefit a family with an income that falls below 80% of the median for Palm Beach County. I IV. Coi~;nuum of Care Narrative Dudng this reporting pedod, CDBG funds were allocated to the Urban League of Palm Beach County for purposes of providing credit counseling, emergency intervention programs and referral services (many of which prevent further occurrences of homelessness). The services provided to very iow and Iow-income families are designed to intervene and educate in an effort to prevent further incidences of homelessness. During this time, the Urban League's South County Office provided these services to approximately 280 eligible persons in the City of Delray Beach. Funds were also provided to FHC, Inc., in support of fair housing outreach and education. Fair housing workshops and seminars are designed to benefit all persons (particularly those normally subject to housing discrimination). A total of four workshops/seminars were conducted within the City of Delray Beach. Staff of the City's Community Development Division continued their involvement with the Palm Beach County Continuum of Care Collaborative, Affordable Housing Collaborative (United Way), Local FEMA (Emergency Food and Shelter Program) Board (United Way), Homeless Coalition, Palm Beach County Census 2000 (Complete Count) Committee, and other groups and agencies working toward the irradication of homelessness, provision of affordable housing and other community development initiatives benefiting Iow-income persons and those with special needs. The Palm Beach County Resource Committee (formerly the PBC Homeless Program Research & Planning Committee) is made up of local service provider agencies, PBC Human Services Division staff, members of the Homeless Coalition, and homeless advocates. This Committee has been primarily responsible for the development and continued enhancement of PBC's Continuum of Care system on an annual basis. The Committee also determines local priorities based on identified and documented needs and consequently selects the lead service provider agencies to represent the jurisdiction as lead applicants (Continuum of Care Collaborative) under the annual Homeless Assistance Super NOFA released by HUD. The City's CD Division Coordinator during this reporting period centinually participated in this process. A comprehensive (seamless) Continuum of Care strategy/system has been developed and is successfully functioning in Palm Beach County. Under the auspices of the Homeless Coalition of Palm Beach County, Inc., and in concert with PBC government, together with dedicated representatives of local government, business, homeless provider agencies, formerly homeless persons, advocates, and other interested participants, the PBCRC continually conducts meetings and business throughout the year. The Continuum of Care Collaborative has successfully received major awards under the Super NOFA process in 1996-97, 1997-98, 1998- 99, and 1999-2000 (in excess of $8.8 million) in support of transitional housing development and the establishment of a countywide Homeless Hotline (for referral and intake/assessment into the COC system) and Homeless Outreach Team (HOT). The HOT has proven to be a tremendously successful tool for identifying, screening, assessing and referring homeless individuals and families throughout the County. The HOT is directly tied in as an integral component of the COC and directly linked to transitional housing facilities funded under the Super NOFA process. All services are available (from outreach through permanent housing) to clients/persons in need, on a countywide basis (including the City of Delray Beach). 7 During this reporting pedod (1999-00) the PBC Continuum of Care Collaborative received approximately $2,011,257 under the Super NOFA process in support of transitional housing and support services for homeless individuals and families on a countywide basis. Funds ware awarded directly to Adopt-A-Family of the Palm Beaches, Inc., Florida Housing Corporation, PBC Division of Human Services and the Rebekah's House. Also during this reporting per~od, the Collaborative applied for transitional housing and support services funds (under the SHP) under the 2000 Super NOFA process; the collaborative is awaiting award notification. Under this applications, Florida Housing Corporation, Inc., Young Women's Christian Association (YWCA), Lord's Place (Joshua House), Children's Home Society, Housing partnership, Operation Hope and Revitalax Victorian Resort applied together for funding assistance. A successful award will enable the PBC COC to expand and improve the level of services available to assist the homeless in their transition from homelessness to self-sufficiency. I V. Other Actions The City of Delray Beach's Community Improvement Department has received accolades for its holistic approach to community development, including targeted code enforcement, a diversity of funded activities, programs and initiatives, and our commitment to long range goals established through our community ddven Visions process. The City has received three Blue Ribbon "Best practices" awards from US HUD for our programs and services. The City continued its support of affordable housing delivery by adhering to its Housing Incentives Plan. The Plan was adopted during FY 1994 and includes the following: · The City of Delray Beach Affordable Housing Advisory Committee's ongoing review of local policies, ordinances and regulations that may potentially increase the cost of housing development. · The One Stop Shop Permitting process which reduces the average number of days required for plans review (from 15 to 5 days). · The waiver of permit fees for projects that are sponsored by non-profit agencies, fees related to building, paving and irrigation permits. This commitment represents an estimated $1,200 per unit reduction to the cost of building a unit. · The payment of impact fees (since unable to waive) will be paid by the City when it can be demonstrated that the cost savings will be passed on to the buyer. · The reduction of parking and setback requirements, allowing one of the required two parking spaces for s-f dwelling units to be located within the side setback. This provides a cost reduction of approximately $500 per unit. · Reduction of Landscape Requirements: reduces the amount of previous lot area required to be planted in shrubs and ground cover by 10%. It is estimated that this saves approximately $1,200 on the cost of building a unit. As a result of these "incentives" as well as the City's various housing programs described throughout this document, the City of Delray Beach continues to successfully address and overcome universal "obstacles" to meeting under served needs, foster new and maintain our current inventory of affordable housing and eliminate identified barriers to affordable housing. Actions to overcome claps in institutional structure The City of Delray Beach Department of Community Improvement (CD Division), in partnership with other public, private and non-profit agencies, formulated and developed the tremendously successful "Delray Beach Renaissance Program." Through a Memorandum of Understanding which includes specific policies and procedures, the partners under this agreement have agreed to pool all available resources, talents, techniques and expertise into one coordinated housing delivery program (for homeownership). Participants include the City of Delray Beach, Delray Beach Housing Authority, Delray Beach CRA, TED Center, Delray Beach CDC, FHLBA and Community Financing Consortium. Actions to enhance coordination The City of Delray Beach is recognized as a leader in establishing and maintaining meaningful collaborative relationships and initiatives. As described throughout this report, the City is involved as a partner in vadous such efforts. Additionally, the PBC/Delray Beach HOME Consortium has helped foster strong intergovernmental relationships dudng the past few years. The Consortium has provided additional homeownership and owner-occupied rehabilitation funds for residents of the City. This agreement has provided opportunities to continually interact with County staff, vadous non-profit agencies, private builders and lending institutions. However, dudng this reporting period no funds were expended from the HOME Program. The CD Division staff worked more closely with the HUD Representative during this reporting period. Several discussions are currently underway regarding potential initiatives to be undertaken in Delray Beach as it relates to housing and economic development. Actions to Improve Public Housin~l and Resident Initiatives The City of Delray Beach and the Delray Beach Housing Authu~ty have a unique and beneficial relationship. Dudng this reporting pedod, the authority finalized its transition and continued toward the attainment of agency goals. The agency's Executive Director has now transitioned into the second year of permanent (full time) status during this time. Concurrently, the City continued to provide assistance and support to the Authority. During this time the City approved the CDBG funding in support of landscaping and other site improvements to be undertaken at the Authodty's Carver Estates complex. The Delray Beach Housing Authority (DBHA) continued its commitment to improve the quality of life for both Public Housing and Section 8 residents dudng this reporting period as well. DBHA programs provide viable, substantial alternatives to participation in crime and drug activities. They are also designed to promote true self-sufficiency through economic development. The following programs are among the strategic and tactical plans undertaken to meet the goals consistent with the goals of the Consolidated Plan. The following activities and services were provided to residents: The I Have A Dream Foundation The DBHA currently has 48 youth enrolled in the "1 Have A Dream Foundation's" Carver Estates chapter. These participants receive tutodng and computer training to help prepare them for future academic endeavors. Each participant upon graduation from high school receives a prepaid tuition to a State College or university. b. Family Self. Sufficiency Program The DBHA's Family SeE-Sufficiency Program provided economic support and case management to approximately 36 Section 8 and 24 Public Housing tenants. The FSS program provides a holistic approach to service delivery that includes homeownership, childcare, adult education, vocational training, social and economic counseling, employment counseling and placement, medical, transportation and schools. A family-centered approach is utilized as well, so that the needs of each family member are addressed. To date the program has assisted over 15 families obtain homeownership and several families are in the process of purchasing a home. The FSS Program is a collaborative effort between the Delray Beach Housing Authority, the Children's Case Management Organization, Inc. and the Family Full Service Center. The ultimate goal of the program is to reduce families' dependency on housing and economic subsidies by providing significant linkages to soumes for employment, education and other services consistent with this goal. c. Residents' Association The Carver Estates Residents Association is an active entity serving as the voice for the community. The association meets monthly to discuss relevant issues of the community and to provide feedback to the Housing Authority regarding its management and customer service. Attendance at the monthly meetings has an average of 35 residents. Carver Estates Youth Program The mission of the Can/er Estates Youth Program (CEYP) is to encourage and nurture positive lifestyles by offering academic, recreational, cultural and social program for the youngsters of Can/er Estates. There are approximately 400 children living in the public housing complex. The CEYP sen/es up to 50 children from grades K-12. The program has recently focused heavily on the arts, forming a choral/drama group for elementary students, a STEP team for teens and the ~Sharing Africa" dance and drumming group funded by the Palm Beach County Cultural Council. The DBHA provides an annual contribution of $15,000 plus in-kind services to the Carver Estates Youth Program's $168,000 budget. The remaining funds are provided through the Children's Services Council, the previously mentioned Cultural Council and private donations. e. City of Delray Beach/DBHA Partnership Initiatives Homeownership Program The DBHA contributes subsidy monies as a partner in the "Best Practices" award winning Delray Beach Housing Renaissance Program. Subsidies contributed by the Housing Authority are targeted towards the lower income family (below 60% of median). Since the beginning of the program the DBHA has assisted 26 families with the purchase of new homes. During this reporting period a total of $60,000 was provided to eligible program participants. Security and Crime Prevention Through its partnership with the City of Delray Beach, the DBHA has been provided two full- time Community Oriented Police Officers in addition to a special security detail that was first contracted through a 1992 Public Housing Drug Elimination Grant. This added security allows for the continued enforcement of the "One Strike, You're Out" policy. Additionally, the Authority was granted $60,000 in 1998 PHDEP funds to provide for the installation of security cameras at the Public Housing complex. This project has been successfully completed. Future PHDEP funds will be used to fund drug prevention activities for the youth of Carver Estates. Exterior Beautification Project (Landscape Improvements) During this reporting pedod, the City of Delray Beach provided $50,000 in CDBG Program funds to be applied toward the development and implementation of a Landscape Improvement Project. These funds will be combined with Comprehensive Improvement Assistance Program Funds (CLAP) to install trees and plants, sod, bike racks, barbecues, and picnic tables at Carver Estates. It is estimated that the total cost of the project will exceed $250,000. The improvements will be completed during the 2000-2001 Program Year. ]o City Funded Neighborhood Housing Programs As described above, the City of Delray Beach provides general revenue dollars in support of the local Bootstrap Rehabilitation Program. However, general revenue funding is provided annually in support of other Neighborhood Housing Program initiatives as well. This local program provides funding for a full-time Neighborhood Program Specialist position, responsible for the coordination and development of existing and new neighborhood, community and homeowner associations throughout the City of Delray Beach. This networking/coordination function has proven highly beneficial to the City and our residents. The Neighborhood Program Specialist worked to establish new associations dudng the program year and to build capacity of existing groups. Funds provide for numerous monthly mailings and public notice advertisements. The Program also provides funding in support of a community garden located within the SW Section of the City's CDBG Target Area. Volunteers from the community, actively care for the garden. Under the Neighborhood Housing Program, funding is provided annually in support of land acquisition and conveyance to Habitat for Humanity of South Palm Beach County, neighborhood clean-up campaigns, our local adopt-a-street and adopt-a-tree programs, the highly successful Paint-Up Delray program (12 individual homes were painted this year by dedicated volunteers), a locally initiated Competitive Neighborhood Grant Program, and numerous other events and activities. The Neighborhood Program Specialist also works closely with the Police Department, the Chamber of Commerce (coordinating special events), area businesses, social service agencies, and other City Departments. Habitat for Humanity of South Palm Beach County Through the use of funding made available under the Neighborhood Housing Program section of the Community Development Division, the City continued its efforts to acquire and convey vacant buildable lots to Habitat for Humanity of South Palm Beach County. This relationship has existed for several years and serves to assist both Habitat and the City of Delray Beach. Dudng this period one lot was donated to the organization for an eligible homebuyer. The value of the land donation serves to limit the cost of each individual home purchase for Habitat clients. Concurrently, the City benefits from additional infill housing opportunities and property tax revenues. The single-family home constructed on this lot will benefit families with incomes that fall below 80% of the median for Palm Beach County. [ VI. Leveraging Resources The City of Delray Beach's successful housing programs have enabled the direct leveraging of substantial match dollars in the form of first mortgages through pdvate lending institutions, Palm Beach County Government, US HUD, the Federal Home Loan Bank of Atlanta, and other local funding providers. The City also acts in the capacity of fiscal agent and contract manager for a collaborative effort between the City and MAD DADS of Greater Delray Beach. Under this partnership the City receives federal pass-through grant dollars from the State of Florida for substance abuse prevention activities. During this program year the City of Delray Beach received $135,000 in funding from the State Department of Children and Families - Alcohol, Drug Abuse and Mental Health Program Office in support of local drug abuse prevention programs provided in partnership with MAD DADS of Greater Delray Beach. Funds were provided primarily in support of the Excel Focus Five Program aimed at providing substance abuse prevention programming to fifth grade children attending Pine Grove Elementary School, in Delray Beach. The students selected to participate in the program are identified by their teachers as "at-risk" children who may eventually dropout of school prior to graduation. The overall objective of the program is to ensure that 85% of the fifth graders (residing within the CDBG Target Area) will have increased knowledge of positive alternatives to drugs and alcohol. This is accomplished through the development of positive problem solving skills, academic achievement and improvement of general life and self-help skills. During this review period the program served a total of 24 at-risk children (program capacity 24). Children participated in various activities designed to develop the mind and body, such as chess, golf and tennis. Children were also encouraged to listen to classical music and were introduced to a foreign language (Spanish - through instruction). The program's major emphasis is on education, in order to develop skills for life, developing long and short-term goals and achievement. During this reporting period several students were selected to attend the MAD DADS University tour. I VII. Citizen Comments As required in accordance with the Consolidated Plan regulations, a f'ffteen-day public review and comment period was given to the City's citizens and other interested persons prior to the submittal of this report to the US HUD field office. A copy of the advertisement requesting review and comments relating to the document is attached to this report. As of the close of the mandated thirty-day comment period, no public comments were received. I VIII. Self-Evaluation The City of Delray Beach successfully accomplished numerous housing rehabilitations, emergency repairs, new homeownership deals, public service activities and units of service, and other community development initiatives during this reporting period (FY 1999-00). Although the CD Division was again subjected to personnel changes, many of our anticipated goals were attained (as summarized throughout this report). CDBG, SHIP and other local dollars were allocated toward a diversity of eligible activities in support of the City's holistic approach to providing affordable housing, a suitable living environment and expanded economic opportunities for our residents. The City's local housing Renaissance Program continued to generate impressive numbers of new affordable housing units. Our local non-profit partners continued processing successful homeownership packages this year, enabling the City to meet and exceed our projections. Overall investment by area builders as well as non-subsidized homebuyers has continued fo compliment the City's redevelopment efforts dudng this time. Active code enforcement, citizen patrols, drug prevention programming, installation of sidewalks, park and facilities improvements, comprehensive housing rehabilitation and the provision of targeted social services have all continued to assist with the improvement of living conditions and increased property values throughout the CDBG Target Area. The City's Housing Renaissance Program completed its fifth year of an extended agreement. The program has proven over the years to be an effective collaboration of housing organizations working in tandem to increase the availability of affordable housing units throughout the City of Delray Beach. The delivery system played a major role in the award of three "Best Practices" awards from US HUD. The City's various housing improvement and production programs have continued to provide a firm foundation for our current and planned redevelopment efforts. Continued improvements undertaken throughout the CDBG Target Area utilizing CDBG dollars, in turn, compliment our annual housing accomplishments. By targeting our efforts geographically and allocating CDBG dollars toward "High Priority" concerns/issues identified in the Five-Year Consolidated Plan, the City continues to impact our identified needs and experience positive results. Based on the positive results of previous years, the City will continue to partner with local community groups, neighborhood associations, the local Housing Authority, CRA, non-profit partners and the private sector in our efforts to maintain the quality of life for which the City was recognized as an Ail-America City in 1993. The program objectives identified in the City's Five-Year Consolidated Plan and Annual Action Plan for FY 1999-00 remains consistent and is being met over time. Public participation throughout the year determined that the need for increased affordable housing, street and infrastructure improvements in the CDBG Target Area persists. Since the City's annual CDBG allocation is limited, it will be necessary to continue partnering with other City Departments for collaborative drainage projects utilizing multiple funding sources. I IX. Additional Issues (Narrative Statement) Use of CDBG Funds in Relationship to Consolidated Plan: As described throughout this report, the City has been extremely successful in addressing local needs identified at the community level through our Visions 2000/2005 and Five-Year Consolidated Planning process'. During this reporting period alone, the Department again addressed the following "High Priorities", listed in the Consolidated Plan as "Priority Community Development Needs": owner-occupied housing rehabilitation, homeless and non-homeless with special needs issues, neighborhood facilities, childcare centers, parks/and/or recreational facilities, sidewalk improvements, youth and adult services, crime awareness, fair housing counseling, subsidized childcare services, and targeted code enforcement. This report in various sections provides individual pdority accomplishments, particularly when discussing affordable housing preservation and development. With the exception of one individual residential unit demolition and clearance activity (removal of slum and blight on a spot basis) completed during this reporting period and fair housing services provided by a subrecipient agency, all CDBG funds expended during the 1999-00 Program Year served to meet the National Objective of benefiting Iow and moderate-income persons (24CFR 570.208a). During this reporting period CDBG funds were also allocated to the following private non-profit organizations in support of eligible public service activities. MAD DADS of Greater Delray Beach The MAD DADS organization is a non-profit agency organized to fight illegal and destructive activities and provide drug prevention programming within the neighborhoods of the CDBG Target Area. The agency's Drug and Cdme Free Community Program primary goals include neighborhood stabilization, youth development and family strengthening. Dudng this reporting period CDBG funds in the amount of $53,250 were provided to the agency in support of two full-time service delivery positions. Over 200 persons received the direct benefit of these programming efforts. Alpha-Time Children's Center The Center is located on-site at the Delray Beach Housing Authority and provides uninterrupted childcare services for very Iow-income families residing in the Target Area. During this reporting period, CDBG funds in the amount of $8,600 were provided to the agency in support of one part-time service delivery position. A total of 32 unduplicated children received the direct benefits of this programming effort. Community Child Care Center The center provides pre-school education and family services to very Iow and Iow- income children (100% Title IV-A), individuals under Protective Services custody, parents enrolled in work training programs, and Iow-income teen parents. Dudng this reporting pedod CDBG funds in the amount of $19,000 were provided to the agency in support of one part-time service delivery position. A total of 235 unduplicated children received the direct benefits of this programming effort. Urban Lea,clue of Palm Beach County, Inc. The South County Office of the Urban League provides services to very Iow and Iow- income residents of Delray Beach. The services (housing counseling and Emergency Intervention Programs) are designed to intervene for and educate residents regarding issues of homelessness and to prevent further incidences of homelessness. During this reporting period, CDBG funds in the amount of $12,000 were provided to the agency in support of the partial salary of one service delivery position. A total of 280 persons received the direct benefits of this programming effort. Efforts in Can~jing Out Planned Actions: All projects and activities included in the approved Annual Action Plan for this reporting period (1999-00) have either been completed or are underway. Funds from previous program years were also expended during this time and are reflected in the IDIS generated reports. The City did receive an increase in the amount of funding made available by the State Department of Children and Families. Benefiting the National Objectives: All projects/activities funded under the City's CDBG formula entitlement during this reporting period met the National Objective criteria. All funded activities met the National Objective of Benefiting Low and Moderate-Income Persons. The grantee met and exceeded the overall benefit certification requirements (of 70%). Activities Involving Occupied Real Property: As provided in vadous sections of this report, CDBG funds were utilized dudng this pedod for numerous rehabilitation activities. However, none of the activities required relocation as a result of displacement. Economic Development Activities Undertaken and Other Issues: The Economic Development portion of this section of the Annual Report requirements is not applicable to the City of Delrey Beach for this reporting period. During this reporting period, vadous activities were undertaken which serve to benefit a limited clientele (not falling within one of the categories presumed limited clientele Iow and moderate-income benefit). These activities (in accordance with 208(a)(2)(I)(A,B, and C) are monitored by the Community Development Division to ensure that at least 51% of the activity beneficiaries are income eligible. Recipient agencies providing services under this National Objective classification/citation are required (by contract) to provide monthly reports, including but not limited to a monthly Direct Benefit Activity Form. Annual site visits/monitoring sessions are conducted, during which client files are examined for supporting income documentation and verification. As delineated in Section III of this report, the City of Delray Beach has several vital programs available for the rehabilitation of single-family residential units for income- eligible households. During this reporting period, a total of twelve CDBG, ten SHIP, eleven Local Bootstrap, and nine Local CRA, residential rehabilitation projects were undertaken and completed. Significant funding was also provided in support of the renovation of the Boys & Gids Clubs Catherine Strong Center (public facility improvement). I X. Public Participation / Additional Requirements In accordance with the Consolidated Plan regulations, this report was made available to the public for examination and comment for a pedod of at least fifteen (15) days pdor to submission to the HUD Field Office. No public comments were received. Please see attached newspaper advertisement published locally. The completed CAPER (performance report) is also available for examination by the public upon request. I XI. Map Depicting the City of Delray Beach CDBG "Target Area" See attached map. 16 XII. Summary of Accomplishments and Program Information for Entitlement Communities (IDIS Generated Reports) See attached IDIS generated reports. t7 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~x'~5~ AGENDA ITEM 9 0_~ - REGULAR MEETING OF DECEMBER 12. 2000 PARKS AND RECREATION MASTER PLAN/NEEDS ASSESSMENT DECEMBER 8, 2000 Attached is a memorandum from the Director of Parks and Recreation listing the firms that responded to the RFQ for the Master Plan/Needs Assessment, and the process that was used to arrive at the shortlist. The review comtmttee ranked the top three firms as: · Herbert-Halback, Inc. · The RMPK Group · Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. A copy of the proposal from each of the top-ranked firms is provided for your review. The unanimous first choice of the review committee is the firm of Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. The action requested of the City Commission is to either accept the review cormmttee's recommendation as to a firm to prepare the Parks and Recreation Master Plan/Needs Assessment, or direct staff to schedule presentations by the three top-ranked firms at the January work session. RefiAgmemol 1.Parks & Recreation Master Plan/Needs Assessment £1TY I)F DELRRY BERgH DELRAY ~EACH NI-AmericaCity 1993 TO: FROM: 100 N.W. 1st AVENUE ' DELRAY BEACH, FLORIDA 33444 · 561/243~7000 MEMORANDUM David Harden City Manager Joe Weldon Director of Parks and Recreation SUBJECT: Master Plan/Needs Assessment DATE: November 30, 2000 On October 17, 2000 we received 9 Requests for Qualifications for the Parks and Recreation Master Plan/Needs Assessment. Firms submitting the RFQ's are as follows: 1.) The Corradino Group Rolando Llanes, AIA 4055 N.W. 97th Avenue Miami, Florida 33178 (305) 594-0735 5.) 2.) The RMPK Group Russell Moore 1519 Main Street Sarasota, Florida (941) 954-1718 34236 3.) Herbert-Halback, Inc. Virginia L. Corless, AICP, CLP 315 East Robinson Street Suite 505 Orlando, Florida 32801-4307 (407) 422-1449 4.) Kimley-Horn and Associates, Inc. Robert S. Pontek, P.E. 4431 Embarcadero Drive West Palm Beach, Florida 33407 (561) 845-0665 6.) 7.) 8.) WK Dickson & Co., Inc. Chris Macey 200 West Palmetto Park Road Suite 301 Boca Raton, Florida 33432 (561) 391-8662 Gee & Jenson Russell C. Devick, P.E. One Harvard Circle West Palm Beach, FL 33409 (561) 515-6500 PBS&J Carolyn Pendleton-Parker 2400 East Commercial Blvd. Ft. Lauderdale, Florida 33308 (954) 772-4995 Digby Bridges, March & Assoc. M. Mark Marsh, AIA 124 N.E. 5th Avenue Delray Beach, Florida 33483 (561) 278-1388 THE EFFORT ALWAYS MATTERS 9.) Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. David L. Barth, ASLA, AICP 222 Clematis Street Suite 200 West Palm Beach, Florida 33401 (561) 659-6552 A committee consisting of Joe Dragon, Joe Safford, Dick Hasko, Howard Wight and myself shortlisted the list to the 3 most qualified. These firms were as follows: 1.) Herbert-Halback, Inc. 2.) The RMPK Group 3.) Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. The committee visited The RMPK Group in Sarasota on November 16, 2000 and Herbert-Halback, Inc. in Orlando on November 17, 2000. Joe Safford was not able to make the trip because of previously scheduled doctors appointments. The committee, including Joe Safford, visited Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. in West Palm Beach on November 30, 2000. The unanimous first choice of the committee is Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Since Joe Safford was unable to interview The RMPK Group and Merbert-Halback, Inc., he did not vote. The committee felt that Glatting Jackson had more experience doing Master Plans/Needs Assessment, their proximity to Delray Beach was a plus and their references were very good. I suggest that Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. make a presentation at a workshop so City Commission can review their qualifications and experience. J~/Weldon Di~ctor of Parks and Recreation cc: Joe Safford, Finance Director Richard Masko, Director of Environmental Services Joe Dragon, Assistant Director of Parks and Recreation Howard Wight, Deputy Director of Construction JW:cp Ref:recmstrp [IT¥ I)F DELRR¥ BERgH DELRAY BEACH AII-Ameflca City 1993 FROM: SUBJECT: lOO N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 561/243-7000 MF..MO DUM David T. Harden, City Manager 'obert A. Barcinski, Assistant City Manager AGENDA ITEM - DECEMBER 12, 2000 SPECIAL EVENT REQUEST - DOWNTOWN DELRAY ART FESTIVAL DATE: December 5, 2000 Action City Commission is requested to endorse the 12th Annual Downtown Art Festival sponsored by Howard Alan Events, Ltd. to be held January 20-21, 2001, to grant a temporary use permit per LDR's section 2.4.6(H) for use of city right-of-way, to authorize staff to apply for the FDOT street clasure permit, to authorize staff support for security, traffic control, and to permit an event sign to be erected on Atlantic Avenue just east of 1-95 one week prior to the event. Backaround Howard Alan Events, LTD. will again be conducting the 12th Annual Downtown Arts Festival. This year again, a portion of the proceeds will be given to the Joint Venture. Mr. Alan is requesting closure of Atlantic Avenue, from just east of NE/SE 6th Avenue east to Salina. He is also requesting the use af Veteran's Park for vendor parking and requesting security service from the Police Department. Mr. Alan has indicated that he would rent and install barricades with volunteers; however, because Federal Highway, as well as Atlantic Avenue, will need to be barricaded, I am recommending that City staff install the barricades for safety reasan. The estimated ovedime cost for City services $3,800. Mr. Alan will pay for these costs as well as provide for trash removal, clean up, and porta lets. Signage per LDR's section 4.6.7(D)(3)(j)(i) can be installed ane week prior to the event and must be under 20 square feet. However, with the FDOT work at the 1-95 interchange on going, we will probably need to locate the sign further east. This is not a new event and does not exceed the limit established. Recommendation Staff recommends endorsement of the event, granting of the temporary use permit for the street closure and parking lot use as requested, providing staff assistance for traffic control and barricading as recommended, and allowing the event sign to be installed with all overtime costs to be paid by the vendor. The vendor is also required to provide a certificate of liability insurance and execute a hold harmless agreement. RAB:tas cc: MarJorie Ferrer F/le.'u.,sweeney/oger~do Doc: 1.2th Ann Down fawn/iff Fe#/vo/ THE EFFORT ALWAYS MATTERS November 2, 2000 Mr. Robert Barcinski Assistant City Manager City of Delray 100 NW 1st Avenue Delray Beach, FL 33~.~. EST RECEIVED ~/y MANAG~ER Dear Mr. Barcinski: We are planning for Delray's award winning art affair, the '/2~ Annual Delray FesEval of the Arts, to be held January' 20 ~ 21, 2001, on Atlantic Avenue, starting just east of Federal Highway light and going our typical route to Salena. Salena and Andrews will be left open. Please be advised that the following logistics for the 12th Annual Downtown Delray Festival of the Arts will be arranged: Street Closure: Ben's Barricades will drop off barricades on Friday, January 19, 2001, and our employees will set them up early Saturday morning. Police: Lynn Parker at the Delray Police Department will arrange for Police and Security from 10:00 am - 5:00 pm on Saturday and Sunday, and overnight Saturday from 6:00 pm - 6:00 am. Port-O-Lets and Dumpster: 5 regular and 2 handicap portolets have been ordered through Anderson Rentals and will be dropped off on Friday, January 19, 2001 and will be picked up on Monday, January 22, 2001, with servicing on Sunday, January 22, 2001. A 20-yard and 30-yard rolloff dumpster is ordered from BFI and will be dropped off on Fdday and picked up on Monday as well. Trash Receptacles: 40 trash receptacles will be supplied and maintained by our professional clean-up crew, Profest (Mitch). They will handle clean up of the trash throughout the area each day. Vendor Parking: RV's and Large Rig vehicles will park in the municipal parking lots just west of the Intracoastal Waterway. Cars and vans will park at Nations Bank during the day only. Insurance: City required certificates will be issued. If you have any questions, please feel free to call me at (954) 472-3755. , .~ward. Alan, President Reward Alan Events, Ltd. 9695 W. BIIOWARI) |}LVI). I'L~.NTATION, FLOliII) A 33324 (951) 472-3755 · FAX (954) t72-3891 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~J~ AGENDA ITEM ~ ~_~ - REGULAR Ivl~TING OF DECEMBER 12. 2000 RESOLUTION NO. 102-00 (AIRCRAFT NOISE REDUCTION) DECEMBER 8, 2000 Attached is correspondence and a resolution generated by the City of Boca Raton relative to aircraft noise reduction by requesting that the U.S. Congress and the Federal Aviation Administration take action to phase out noisier non-Stage 3 jet aircraft, including those weighing less than 75,000 pounds, by January 1, 2005, or as soon as reasonably possible. It speaks to the problems created by these aircraft at municipal and suburban general aviation airports such as the Boca Raton Airport and encourages support from neighboring areas. Since the noise issue with the Boca Raton Airport has been at the forefront lately as having an adverse impact on residents of our City, I recommend that the Commission consider adoption of our own Resolution No. 102-00 which will then be forwarded to the appropriate agencies. RefiAgmemol 0.Res. 102-00.Akcraft Noise Reduction RESOLUTION NO. 102-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THAT THE UNITED STATES CONGRESS AND THE FEDERAL AVIATION ADMINISTRATION (FAA) ADOPT AN AMENDMENT TO THE AIRPORT NOISE AND CAPACITY ACT OF 1990 TO PROVIDE THAT ALL NON-STAGE 3 DOMESTIC AND FOREIGN SUBSONIC TURBOJET AIRPLANES, INCLUDING THOSE WEIGHING LESS THAN 75,000 POUNDS, BE PHASED OUT OF SERVICE COMPLETELY BY JANUARY 1, 2005, OR AS SOON AS REASONABLY POSSIBLE ON AN AGGRESSIVELY ACCELERATED SCHEDULE; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the United States Congress established a National Aviation Noise Policy in the Airport Noise and Capacity Act of 1990 (ANCA), which provided for a transition to an all-Stage 3 civil subsonic turbojet fleet; and WHEREAS, the FAA in 1991, pursuant to ANCA, established a phased program to require operations by civil subsonic turbojet airplanes weighing more than 75,000 pounds to meet Stage 3 noise standards by the year 2000, but civil subsonic turbojet airphnes weighing less than 75,000 pounds were not required to meet Stage 3 noise standards by the year 2000; and WHEREAS, the FAA's proposed Aviation Noise Abatement Policy 2000, as published in the Federal Register on July 14, 2000, acknowledges that the national aviation system has grown significantly in the last quarter of the 20th century, asserts as a cornerstone of the policy the continuation of aircraft source-noise reduction, acknowledges the need for more stringent aircraft noise standards, and provides that the FAA will aggressively pursue the development and prescription of a new generation of more stringent noise standards and regulations in order to protect public health and welfare; and WHEREAS, the FAA's proposed Aviation Noise Abatement Policy 2000 states as follows: "Unless aircraft noise is addressed with purpose and vigor, it will likely become a potential impediment to the robust airport and aviation system growth and operation that will be needed as public demand for access to aviation services continues to grow"; and WHEREAS, the Boca Raton Airport and similar municipal and suburban general aviation reliever aL*ports throughout the United States handle the general aviation traffic that commercial an'Ports are unable to accommodate; and WHEREAS, general aviation traffic at the Boca Raton Airport and nationwide continues to increase significantly; and WHEREAS, approximately 1,600 non-Stage 3 jet airplanes will fly in or out of the Boca Raton Airport in the' year 2000, and approximately 2,000 are estimated to do so annually by the year 2005; and WHEREAS, the Noise Compatibility Advisory Committee of the Boca Raton Airport Authority passed a motion at their meeting of March 22, 2000, stating that the lack of protection from noise from Stage 1 and Stage 2 aircraft coupled with the increase in general aviation as an alternate means to commercial aviation would cause a burden on the citizens surrounding the Boca Raton Airport and urging the Boca Raton Airport Authority to actively pursue a Federal phase-out of Stage 1 and Stage 2 aircraft weighing less than 75,000 pounds; and WHEREAS, the Part 150 Noise Study Update Committee of the Boca Raton Airport Authority, in recognition of the significant negative noise impact of non-Stage 3 jet aircraft operations at the Boca Raton Airport, has recommended for consideration noise abatement alternatives that call for 24-hour restrictions on Stage 1 jet operations, night restrictions on non-Stage 3 jet operations, and night restrictions on all aircraft operarions; and WHEREAS, the Boca Raton Airport Authority, in a letter dated October 17, 2000, has advised the FAA that the noise generated by aircraft weighing less than 75,000 pounds is the most serious noise issue faced by general aviation airports, that residents of areas surrounding general aviation airports deserve the same protections as those around air cartier aL~ports, and that the FAA must develop an accelerated schedule for the phase-out of environmentally unsound non-Stage 3 aircraft with a policy that states clearly how the phase-out will be developed and implemented to correct the current policy of limiting noise regulation based on weight; and WHEREAS, an aggressive program to phase-out all non-Stage 3 jet aircraft, including those weighing less than 75,000 pounds, will improve the quality of life for residents of the City of Dekay Beach and surrounding areas, as well as for all residents of the United States living adjacent to or near airports; and WHEREAS, an accelerated schedule for the phase-out of non-Stage 3 jet aircraft will address aircraft ngise with the purpose and vigor called for by the FAA's proposed Aviation Noise Abatement Pohcy 2000, so that said noise will not become a potential impediment to the growth of the general aviation system necessary to meet growing public demand for access to aviation services. NOW, THEREFORE, BE IT ILESOLVED BY THE CITY COMMISSION OF THE CITY OF D~.!.RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Dekay Beach City CommtSsion hereby requests that the U.S. Congress, the U.S. Department of Transportation and the Federal Aviation Admmisttation adopt changes to the Airport Noise and Capacity Act of 1990, the National Aviation Noise Policy, and the Aviation Noise Abatement Policy 2000, as applicable, to require that all non-Stage 3 jet aircraft, including those weighing less than 75,000 pounds, be phased out of sex-cice completely no later than January 1, 2005, or as soon as reasonably possible on an aggressively accelerated schedule. - 2 - Res. No. 102-00 Section 2. That the City Clerk shall provide copies of this resolution to members of the United States Congress representing the City of Delray Beach and the surrounding area affected by aircraft activity at the BocaRaton Airport, to the Secretary of the U.S. Department of Transportation, to the Administrator of the Federal Aviation Administration, to the Florida Depa~ement of Transportation, to the Palm Beach County Board of County Commissioners, to the Boca Raton Airport Authority, to the City of Deerfield Beach, to the City of Boca Raton, to the Town of Highland Beach, to the Palm Beach County League of Cities, to the Florida Association of Counties, to the Florida League of Cifes, to the Metropolitan Planning Organization of Palm Beach County, to the Greater Delray Beach Chamber of Commerce, and to the Treasure Coast Regional Planning Council, thereby requesting their support. Section 3. If any section, subsection, clause or provision of this resolution is held to be invalid, the remainder shall not be affected by such invalidity. Section 4~ That all resolufons or parts of resolutions in conflict herewith shall be and hereby are repealed. Section 5. That this resolution shall take effect immediately upon adoption. PASSED AND ADOPTED in regular session on this the 12~h day of December, 2000. MAYOR .: Al'rEST: 'City Clerk 3 Res. No. 102-00 CITY HALL · 201 WEST PALMETTO PARK ROAD · BOCA RATON, FLORIDA 33432-3795 · PHONE: (561) 393-7700 (FOR HEARING IMPAIRED) TDD: (961) 367-7046 SUNCOM: (56'1) 922-7700 November 24, 2000 Mr. David Harden City Manager City of Delray Beach 100 NW First Avenue Delray Beach, FL 33444 City of Boca Raton, Florida, Resolution No. 245-2000, related to aircraft noise reduction Enclosed you will find a copy of Resolution No. 245-2000, adopted by City Council on November 14, 2000. This Resolution requests that the United States Congress and the Federal Aviation Administration take action to phase out noisier non-stage 3 jet aircraft, including those weighing less than 75,000 pounds, by January 1, 2005. The goal of the resolution is to reduce aircraft noise at its source. As you will note, both the City of Boca Raton and the Boca Raton Airport Authority support this objective, and the City Council determined that an aggressive program to phase out all non-Stage 3 aircraft will improve the quality of life for residents of the City o£Boca Raton, of surrounding areas, and throughout the United States. In its deliberations on the Resolution, City Council requested that you be informed about the resolution and encouraged to present your views on the matter to Congress and the Federal Aviation Administration. If you have any questions, please contact me. Ge~g~ S. Brown Assistant City Manager Final 1t/14/2000 1 2 3 4 5 6 7 8 9 I0 11 12 I3 14 15 16 17 18 19 20 21 22 23 24 25 26 RESOLUTION NO, 245-2000 A RESOLUTION OF THE CITY OF BOCA RATON REQUESTING THAT THE UNITED STATES CONGRESS AND THE FEDERAL AVIATION ADMINISTRATION (FAA) ADOPT AN AMENDMENT TO THE AIRPORT NOISE AND CAPACITY ACT OF 1990 TO PROVIDE THA~' ALL NON- STAGE 3 DOMESTIC AND FOREIGN SUBSONIC TURBOJET AIRPLANES, INCLUDING THOSE WEIGHING LESS THAN 75,000 POUNDS, BE PHASED OUT OF SERVICE COMPLETELY BY JANUARY 1, 2005, OR AS SOON AS REASONABLY POSSIBLE ON AN AGGRESSIVELY ACCELERATED SCHEDULE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING AN EFFECTIVE DATE WHEREAS, the United States Congress established a National Aviation Noise Policy in the Airport Noise and Capacity Act of 1990 (ANCA), which provided for a transition to an all- Stage 3 civil subsonic turbojet fleet; and WHEREAS, the FAA in 1991, pursuant to ANCA, established a phased program to require operations by civil subsonic turbojet airplanes weighing more than 75,000 pounds to meet Stage 3 noise standards by the year 2000; but civil subsonic turbojet airplanes weighing less than 75,000 pounds were not required to meet Stage 3 noise standards by the year 2000; and WHEREAS, the FAA's proposed Aviation Noise Abatement Policy 2000, as published in the Federal Register on July 14, 2000, acknowledges that the national aviation system has 1 2 3 4 5 6 7 9 10 1! 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 grown significantly in the last quarter of the 20th century; asserts as a comemtone of the policy:*, the continuation of aimraft source-noise reduction; acknowledges the need for more stringent aimraft noise standards; and provides that the FAA will aggressively pursue the development and prescription of a new generation of more stringent noise standards and regulations in order to protect public health and weffare; and WHEREAS, the FAA's proposed Aviation Noise Abatement Policy 2000 states as follows: 'Unless aircraft noise is addressed with. purpose and-.vigor, it will likely become a ~otentlal impediment to the robust airport and aviation system growth and operation that will be ]eeded as public demand for access to aviation services continues to grow"; and WHEREAS, the Boca Raton Airport and similar municipal and suburban general aviation reliever airports throughout the United States handle the general aviation traffic that commercial airports are unable to accommodate; and WHEREAS, general aviation traffic at the Boca Raton Airport and nationwide continues to increase significantly; and WHEREAS, approximately 1,600 non-Stage 3 jet airplanes will fly In or out of the Boca Raton Airport in the year 2000, and approximately 2,000 are estimated to do so annually by the year 2005; and WHEREAS, the Noise Compatibility Advisory Committee of the Boca Raton Airport Authority passed a motion at their meeting of March 22, 2000, stating that the lack of protection from noise from Stage 1 and Stage 2 aircraft coupled with the increase in general aviation as an alternate means to commercial aviation would cause a burden on the citizens surrounding the Boca Raton Airport and urging the Boca Raton Airport Authority actively to pursue a Federal phase out of Stage 1 and Stage 2 aircraft weighing less than 75,000 pounds; and WHEREAS, the Part 150 Noise Study Update Committee of the Boca Raton Airport Authority, in recognition of the s~gnlficant-- negative noise impact of non-Stage 3 jet aircraft operations at the Boca Raton Airport, has recommended for consideration noise abatement 2 1 2 3 5 6 7 9 10 I1 12 13 14 15 16 17 19 20 21 22 23 24 25 26 alternatives that call for 24-hour restrictions on Stage 1 jet operations, night restrictions on non~, Stage 3 jet Operations, and night restrictions on all aircraft operations; and WHEREAS, the Boca Raton Airport Authority, in a letter dated October 17, 2000, has advised the FAA that the noise generated by aircraft weighing less than 75,000 pounds is the most serious noise issue faced by general aviation airports; that residents of areas surrounding general aviation airports deserve the same protections as those around air carrier airports; and that the FAA must develop an accelerated schedule for the-phase-out of environmentally resound non-Stage 3 aircraft with a policy that states clearly how the phase-out will be Jeveloped and implemented to correct the current policy of limiting noise regulation based on weight; and WHEREAS, an aggressive program to phase out all non-Stage 3 jet aircraft, including those weighing less than 75,000 pounds, will imprcve the quality of life for residents of the City of Boca Raton and surrounding areas, as well as for all residents of the United States living adjacent to or near airports; and WHEREAS, an accelerated schedule for the phase-out of non-Stage 3 jet aircraft will address aircraft noise with the purpose and vigor called for by the FAA's proposed Aviation Noise Abatement Policy 2000, so that said noise will not become a potential impediment to the growth of the general aviation system necessary to meet growing public demand for access to aviation services; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOCA RATON: Section 1. The City of Boca Raton hereby requests that the U. S. Congress, the U. S. Department of Transportation, and the Federal Aviation Administration adopt changes to the Airport Noise and Capacity Act of 1990, the National Aviation Noise Policy, and the Aviation Noise Abatement Policy 2000, as applicable, to require that all non-Stage 3 jet aircraft, including 3 1 2 3 4 5 6 ? 8 10 11 12 13 14 15 16 l? 18 those weighing less than 75,000 pounds, be phased out of service completely no later than, January 1, 2005, or as soon as reasonably possible on an aggressively accelerated schedule. ~-,~tLO. D_Z. The City Clerk shall provide copies of this resolution to members of the Unites States Congress representing the City of Boca Raton and the surrounding area affected by aircraft activity at the Boca Raton Airport;. to the Secretary of the U. S. Department of Transportation; to the Administrator of the Federal Aviation Administration; to the Flodda Department Of Transportation; to the Palm Beach. County Board- of'County Commissioners; to the Boca Raton Airport Authority; to the City of Deerfleld Beach, Florida; to the City of Delrey Beach, Florida; to the Town of Highland Beach, Flodda; to the Palm Beach County League of Cities; to the Florida Association of Counties; to the Florida League of Cities; to the Federation of Boca Raton Homeowner Associations; to the Metropolitan Planning Organization of Palm Beach County; to the Greater Boca Chamber of Commerce; and to the West Boca Community Council; and to the Treasure Coast Regional Planning Council; thereby requesting their support. Section 3. If any section, subsection, clause, or provision of this resolution is held to be invalid, the remainder shall not be affected by such invalidity. Section 4. All resolutions or parts of resolutions in conflict herewith shall be and hereby are repealed. Section 5. This resolution shall take effect immediately upon adoption. 4 2 3 4 5 6 7 8 9 I0~ 11 13' 14 15 16 17 day of PASSED AND ADOPTED by the City Council of the City of Boca Raton this CITY OF BOCA RATON, FLORIDA ATTEST: /sharma Caran~ante, City Clerk ~COUNCIL V~TE ~~ '~: Mi ~ ~ '~:~' !'!~'*~ YES~,. N~BST~ED ~YOR CAROL G, H~SON DEP~ ~YOR BILL G~SS COUNCI~ MEMBER DAVE FREUDENBERG COUNCIL MEMBER SUSAN HAYNIE COUNCIL MEMBER SU~N WHELCHEL 5 12/12,'20~a 16~33 4999625 DELAIRE 00 Property Owner's Association, Inc. ,~,645 Whim Ccdar Lane I)elray Beach, FL 33445 PaGE 81 Docmmber 11, M~. J~ne Gnrv~y, Administrator US Federal Aviation Admini~ratio~ 800 Independence Av~ue~ SW Washington, DC 20591 Dear Ms. Garvey: Our community is located in the City of Delray Beach, Florida. In the adjacent town of Boca Rnton, south of Delray Beach is a municipal airport, which has had noise comphints from the communities west of Boca ~ton. Neither the City. of Delray Beach nor any of the communities in Delrny ]~each have ever had n problem of noise from the previously existing traffic patterns. Suddenly because of the complaints indicated above, a committee wa~ formed, including an expert to study the situation. Simultaneously, a new traffic control tower has been activated and our community is now inundated with voluminous air traffic, the likes of which we have never seen before. In addition, despite the considerable distance that our community is located from the airport, the traffic is considerably lower;, much lower than standard tra~sc patterns aititude~ Obviously, there is both a noise and safety problem here. We look forward to you being able to assist us with thi~ problem and n~xiously await your positive response. William lseustein, President Property Owner~' Association WS/arm MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ? /, . AGENDA ITEM /~9. ~.. REGULAR MEETING OF DECEMBER 12, 2000 ORDINANCE NO. 34-00 (PARKING REOUIREMENTS FOR RESTAURANTS IN THE ORIGINAL DDA AREA & DI~.I.~.TING THE ONE TIME ONE SPACE PARKING REDUCTION IN THE CBD AND OSSHAD DISTRICTS) DECEMBER 8, 2000 As currently drafted, Ordinance No. 34-00 amends the Land Development Regulations by increasing the parking requirement for restaurants in the original DDA area to slx (6) spaces per 1,000 square feet of floor area anddeletes the one time one space parking reduction provided for in the CBD and OSSHAD zoning districts. It provides for what is essentially a "change of use" within a zomng category and as such, requites two advertised public hearings pursuant to Chapter I66.041(3)(c)2 of the Florida Statutes. The first advertisement must be published at least seven (7) days in advance of the fLtst public hearing, ~vith the second advertisement occurring at least five (5) days prior to the second public hearing. The caption of the proposed ordinance must be included in the ads. In this instance, the caption that was published for Ordinance No. 34-00 reflects the initial recommendation of the Parking Management Advisory Board. This recommendation was also endorsed by the Downtown Development Authority Board. When the proposed amendments xvere subsequently reviexved by the Planning and Zoning Board, that board voted to recommend that only the increased parking requkement for restaurants in the original DDA area be approved. A motion to deny the proposed amendment to eliminate the one nme one space parking reduction failed on a 3 to 3 vote. Likexvise, the West Atlantic Redevelopment Coalition and the Community Redevelopment Agency xvere not in favor of eliminating the one nme one space reduction. The upshot is that if the City Comrmssion makes a determination to support the ordinance as presented here (i.e. increase restaurant parking and eliminate the one nme one space reduction), it should be passed on first reading and moved along for a second public hearing scheduled for JanuaD- 2, 2001. If, however, the Commassion decides to accept the Planning and Zoning Board's reconamendation and support only a portion of the ordinance, it xvould be best to vote Ordinance No. 34-00 down on f~tst reading and direct that a revised ordinance be drafted and advertised for a first pubhc hearing on January 2, 2001, with the second public hearing on January 16, 2001. Ref:Agmemol 4~Ord34-00 FAILED ON FIRST READING - DECEMBER 12, 2000 ORDINANCE NO. 34-00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", OF THE LAND DEVELOPMENT REGULATIONS BY AMENDING SUBSECTION 4.4.13(G), "SUPPLEMENTAL DISTRICT REGULATIONS", TO INCREASE THE PARKING REQUIREMENT FOR RESTAURANTS IN THE ORIGINAL DOWNTOWN DEVELOPMENT AUTHORITY (DDA) AREA; AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(G), "SUPPLEMENTAL DISTRICT REGULATIONS", AND SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(G), "SUPPLEMENTAL DISTRICT REGULATIONS", BY DELETING THE ONE TIME ONE SPACE PARKING REDUCTION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, on August 22, 2000, the Parking Management Advisory Board recommended an amendment to the Land Development Regulations to increase the parking requirement for restaurants in the original DDA area, and that the provision for a one time reduction of one parking space be eliminated; and WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendments at a public hearing held on November 20, 2000, and voted 5 to 1 to recommend approval of the amendment to increase the parking requirement for restaurants in the original DDA area to 6 spaces per 1,000 square feet; and WHEREAS, at the same Planning and Zoning Board meeting of November 20, 2000, a motion was made to deny the proposed amendment to eliminate the one time one space parking reduction, and said motion failed on a vote of 3 to 3; and WHEREAS, the City Comtmssion of the City of Delxay Beach finds that the proposed amendments are consistent with and further the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 17 That Chapter Four, "Zoning Regulations", Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(G), "Supplemental District Regulations", Subparagraph 4.4.13(G)(1), "Parking", of the Land Development Regulations of the City of Delray Beach, be and the same is hereby amended to read as follows: FAILED ON FIRST READING - DECEMBER 12, 2000 FAILED ON FIRST READING - DECEMBER 12, 2000 Section 4.4.13 Central Business (CBD) District (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, except as modified below, the following shall also apply. (1) Parking: (a) Within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 1~t Street on the north, the Intracoastal Waterway on the east, and S.E. 1~t Street on the south, parking requirements shall apply to new floor area and restaurants only. Except for restaurants, changes Ckanges m use (both residential and non-residential) shall not be required to provide additional on-site parking. The parking required for the creation of new non-residential floor area exce t restaurants shall be at the rate of one space for each 300 square feet, or fraction thereof, of floor area in addition to the replacement of any previously required parking which may be eliminated. Within all other geographic areas of the CBD Zone District, the provisions of Section 4.6.9(C) shall apply, as further modified within this subsection (G)(1). If it is impossible or inappropriate to provide required parking on-site or off- site, pursuant to Subsection 4.6.9(E)(4), the in-lieu fee option proxfded in Section 4.6.9(E)(3) may be apphed. (dc) The parking requirement for restaurants is established at six (6) spaces per 1,000 square feet of floor area. The parking requirements for residential units in multi-family structures and mixed use buildings shall be as follows: · Efficiency dwelling unit · One bedroom dwelling unit Two or more bedroom dwelling unit · Guest parking shall be provided cumulatively as follows: 1.0 space/unit 1.25 spaces/unit 1.75 spaces/unit FAILED - for the first 20 units 0.50 spaces/unit for units 21-50 0.30 spaces/unit for units 51 and above 0.20 spaces/unit ON FIRST READING - DECEMBER 12, 2000 2 Ord. No. 34-00 FAILED ON FIRST READING - DECEMBER 12, 2000 Section 2. That Chapter Fou. t, "Zoning Rcgulations", Section 4.4.24, "Old School Square Histozic Arts Disttict (OSSHAD)', Subsection 4.4.24(G), "Supplemental District Regulations", Subparagraph 4.4.24(G)(6), of the Land Development ReguLations of the City of Delray Beach, be and the same is hereby deleted in its entirety, as follows: Section 4.4.24 Old School Square Historic Arts District (OSSHAD) (G) Supplemental District Regulations: Supplemental district regulations as set forth in Article 4.6, except as modified herein, apply: Section 3. That should any section or provision of this ordinance or any portion thereof, an3, paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective mUnediately upon its passage on second and final reading. the PASSED AND ADOPTED in regular session on second and final reading on this __ da), of _, 2001. ATTEST: MAYOR City Clerk First Reading December Second Reading 12, 2000 (MOTION TO DENY ON FIRST READING PASSED BY UNANIMOUS VOTE) 3 Ord. No. 34-00 CITY COMMISSION DOCUMENTATION TO: THRU: DAV~)*~jT. HARDEN, ~:I,TY MANAGER P/~I.YL~DORLING, AC)'II~G DIRECTOR PLANNING & ZONING__.,OEPARTMENT FROM: RONALD R. HOGGARD, JR., SENIOR PLANNER SUBJECT: CITY COMMISSION MEETING OF DECEMBER '12, 2000 AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRs) MODIFYING THE PARKING REQUIREMENTS FOR RESTAURANTS IN THE ORIGINAL DDA AREA AND DELETING THE ONE TIME ONE SPACE PARKING REDUCTION IN THE CBD AND OSSHAD DISTRICTS. BACKGROUND The parking requirement for restaurants in the original DDA area is only 1 space per 300 square feet regardless of use. Therefore, conversions of existing floor area to more intensive uses do net require additional parking. Restaurants also enjoy a reduced standard in the remaining portions of the CBD with a requirement of only 6 spaces per 1,000 sq. ft. of building area. This is one-half the City's normal requirement. These liberal parking requirements have helped to fuel the revitalization of the downtown area. However, the success of the downtown as an entertainment district with restaurants and clubs has also significantly increased the demand for off-street parking and few new spaces have become available to meet this new demand. A recommendation was made by the Parking Management Advisory Board in 1999, to increase the parking requirement for restaurants in the original DDA area to 6 spaces per 1,000 sq. ft.. The amendment was denied by the City Commission on July 6, 1999. Downtown development activity has remained strong over the last year. New office and residential projects have been approved and several new restaurants have opened on the Avenue. At its meeting of August 22, 2000, the Parking Management Advisory Board reviewed the restaurant parking issue again and requested that staff prepare draft changes to the Land Development Regulations to increase the parking requirements for restaurants in the original DDA area to 6 spaces per 1000 sq. ft.. This represents an increase of 2.67 spaces per 1,000 sq. ft. This requirement would also apply to future restaurant conversions. For example, if a 1,500 square foot retail space is converted to a restaurant, the difference between the two requirements would have to be provided to meet the increased parking demand. In this case, an additional 4 parking spaces would be required. Under the current codes, that additional parking is not required since the requirement for all non-residential uses is the same (1 space/300 sq. ft.). The PMAB also recommended that the one time reduction of one space be eliminated from all areas. The Board felt that this redevelopment incentive is no longer needed and the required parking should be provided. Additional background and an analysis of the proposed amendments are included in the attached Planning and Zoning Board staff report. REVIEW BY OTHERS Downtown Development Authority (DDA): The DDA Board reviewed the proposed amendment at its meeting on October 18, 2000. The Board recommended approval of the amendment. · City Commission Documentation Meeting of December 12, 2000 - Parking Requirements Page 2 West Atlantic Redevelopment Coalition (WARC): The West Atlantic Avenue Redevelopment Area includes 2 blocks within the OSSHAD district which would be affected by the elimination of the one-time one space parking reduction. The Board reviewed the proposal at its meeting on November 8, 2000. The Board did not support the proposal to eliminate the one-time, one space reduction since it would negatively affect small redevelopment projects. Community Redevelopment Agency (CRA): The CRA reviewed the proposed amendment at its meeting of November 9, 2000. The Board recommended approval of the increase in parking requirements for restaurants in the original DDA portion of the CBD. The Board felt that this would level the playing field and encourage restaurants to locate in other locations in the CBD and OSSHAD, such as Pineapple Grove. The Board did not support the elimination of the one-time, one space parking reduction, since this would negatively affect small redevelopment projects. Pineapple Grove Main Street: To proposed amendment was submitted to Pineapple Grove Main Street for review and comment. The Committee did not formally review the proposal. Planning & Zoning Board: The Planning and Zoning Board held a public hearing on the proposed amendments at its meeting of November 20, 2000. Bruce Gimmy and Bernie Dahlem (Parking Management Advisory Board) spoke in favor of the proposed amendments stating that the current parking requirements for restaurants is too Iow. They also emphasized that additional retail is needed downtown and that restaurants should be encouraged to locate in other redevelopment areas. Bruce Gimmy stated that the one time one space reduction is no longer needed to encourage redevelopment and should be eliminated. After discussion, the Board recommended approval of the proposed amendment to increase the parking requirement for restaurants in the original DDA area to 6 spaces per 1,000 square feet by a vote of 5 to 1 (Bird absent and Morris dissenting). The Board made a second motion to deny the proposed amendment to eliminate the one time one space parking reduction. The motion failed on a vote of 3 to 3. RECOMMENDED ACTION 1. By motion, approve on first reading a text amendment to Land Development Regulations (LDRs) Section 4.4.13(G)(1)(a) Parking, Supplemental District Regulations for the Central Business District increasing the parking requirements for restaurants in the original DDA area to 6 spaces per 1,000 square feet, based upon the findings and recommendation of the Planning & Zoning Board. By motion, deny on first reading a text amendment to Land Development Regulations (LDRs) Sections 4.4.13(G)(1)(b) Parking, Supplemental Regulations for the Central Business District and Section 4.4.24(G)(6) Supplemental District Regulations for the Old School Square Historic Arts District, eliminating the one-time one space parking reduction. Attachments: · Proposed Ordinances · Planning & Zoning Staff Report s:\planning & zoning\boards\city commission\ldr restaurant parking in cbddoc printed 12/7/00 MEETING OF: NOVEMBER 20, 2000 AGENDA ITEM: III.C AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRs) MODIFYING THE PARKING REQUIREMENTS FOR RESTAURANTS IN THE ORIGINAL DDA AREA AND DELETING THE ONE TIME ONE SPACE PARKING REDUCTION IN THE CBD AND OSSHAD DISTRICTS. The item before the Board is that of making a recommendation to the City Commission on an amendment to LDR Section 4.4.13(G) Supplemental District Requlations, for the CBD (Central Business District) and Section 4.4.24(G) Supplemental District Requlations for the OSSHAD (Old School Square Historic Arts District), pursuant to LDR Section 2.4.5 (M). Pursuant to LDR Section 1.1.6, amendments to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. The parking requirement for restaurants in the Original DDA area is only 1 space per 300 square feet regardless of use. Therefore, conversions of existing floor area to more intensive uses do not require additional parking. Restaurants also enjoy a reduced standard in the remaining portions of the CBD with a requirement of only 6 spaces per 1,000 sq. ff. of building area. This is one-half the City's normal requirement. These liberal parking requirements have helped to fuel the revitalization of the downtown area. However, the success of the downtown as an entertainment district with restaurants and clubs has also significantly increased the demand for off-street parking and few new spaces have become available to meet this new demand. A recommendation was made by the Parking Management Advisory Board in 1998, to increase the parking requirement for restaurants in the original DDA area to 6 spaces per 1,000 sq. ft.. The proposed change was incorporated into an ordinance which also dealt with increasing in-lieu parking fees. However, it was deleted from the in-lieu fee ordinance so that the issues could be dealt with separately. The in-lieu fee ordinance was passed in 1999 and fees were increased for the majority of the downtown area. At its February 23, 1999 meeting, the Parking Management Advisory Board affirmed its original recommendation and voted 7/0 to amend the regulations for the original DDA area to increase the parking requirements from 1 space per 300 sq. ft. to 6 spaces per 1,000 sq. ft. The amendment was denied by the City Commission on July 6, 1999. Planning & Zoning Memorandum Staff Report Text Amendment for Restaurant Parking in CBD & One Time One Space Parking Reduction Page 2 Downtown development activity has remained strong over the last year. New office and residential projects have been approved and several new restaurants have opened on the Avenue. At its meeting of August 22, 2000, the Parking Management Advisory Board reviewed the restaurant parking issue again and requested that staff prepare draft changes to the Land Development Regulations to increase the parking requirements for restaurants in the original DDA area to 6 spaces per 1000 sq. ft.. This represents an increase of 2.67 spaces per 1,000 sq. ft. This requirement would also apply,to future restaurant conversions. For example, if a 1,500 square foot retail space is converted to a restaurant, the difference between the two requirements would have to be provided to meet the increased parking demand. In this case, an additional 4 parking spaces would be required. Under the current codes, that additional parking is not required since the requirement for all non-residential uses is the same (1 space/300 sq. ft.). The Board also recommended that the one time reduction of one space be eliminated from all areas. The Board felt that this redevelopment incentive is no longer needed and the required parking should be provided. The proposed increase to the parking requirements applies only to restaurants in the downtown area bounded by Swinton Avenue on the west, NE. 1st Street on the north, the Intracoastal Waterway on the east and SE 1st Street on the south. The success of the downtown as an entertainment district with restaurants and clubs has significantly increased the demand for off-street parking. Based on the current success of the downtown, it appears that a reduced parking requirement is no longer needed as a redevelopment incentive. The proposed change requires restaurants in this area to meet the same parking requirements as the rest of the CBD, OSSHAD and the West Atlantic Avenue Redevelopment Area. The applicable rate is (6) spaces per 1,000 sq. ft. of floor area. This is still one-half the normal code requirement for the rest of the City. The requirement will be applied to changes in use as well as the construction of new floor area. Under the proposed regulations, restaurants will have to provide an additional 2.67 spaces per 1,000 sq. ft. than required under the current code. East Atlantic Avenue, between Swinton Avenue and Intracoastal Waterway, has a considerable advantage over other areas of the City with respect to parking requirements for restaurants. With the same standard for all nonresidential uses in this area, a retail or office building with a minimal parking demand can be converted to a night club or restaurant with a considerable parking demand and not provide any additional parking. Conversions of this type have an obvious impact on the availability of parking for other uses downtown. This was not an issue in 1990 when the downtown was deserted at night and public parking was plentiful. However, ten years later, public parking lots are full, restaurant owners are leasing private spaces and using a valet service to meet demand and the number of restaurants is still increasing. When the public Jots are full, vehicles are parked illegally in private lots and those who provide parking are impacted by those who do not. The question is why do we still have the incentive in this area while other areas targeted for redevelopment, such as Pineapple Grove and West AtJantic Avenue, are at a significant disadvantage. For example, a Planning & Zoning Memorandum Staff Report Text Amendment for Restaurant Parking in CBD & One Time One Space Parking Reduction Page 3 2,000 square feet retail to restaurant conversion in Pineapple Grove would have to provide an additional 3 parking spaces or pay an in-lieu fee of $18,000. The PMAB also requested that the one time reduction of one parking space be deleted from the Land Development Regulations. This code provision was originally enacted to help the small owner or developer who wishes to change use or add additional floor area. However, there is no limit on the size of the project or on the number of new spaces required. Staff feels that this reduction is still needed for small redevelopment projects where additional parking is not possible and in-lieu fees would be prohibitive. Pineapple Grove would be particularly affected since redevelopment is just getting underway with a number of small projects. REQUIRED FINDINGS LDR Section 2.4.5(M)(5), Amendment to the Land Development Re.qulations. Findings: In addition to the provisions of 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. This amendment is not being, initiated to fulfill any specific Comprehensive Ptan policy. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. Downtown Development Authority (DDA): The DDA Board reviewed the proposed amendment at its meeting on October 18, 2000. The Board recommended approval of the amendment. West Atlantic Redevelopment Coalition (WARC): The West Atlantic Avenue Redevelopment Area includes 2 blocks within the OSSHAD district which would be affected by the elimination of the one-time one space parking reduction. The Board reviewed the proposal at its meeting on November 8, 2000. The Board did not support the proposal to eliminate the one-time, one space reduction since it would negatively affect small redevelopment projects. Community Redevelopment Agency (CRA): The CRA reviewed the proposed amendment at its meeting of November 9, 2000. The Board recommended approval of the increase in parking requirements for restaurants in the original DDA portion of the CBD. The Board felt that this would level the playing field and encourage restaurants to locate in other locations in the CBD and OSSHAD, such as Pineapple Grove. The Board did not support the elimination of the one-time, one space parking of reduction, since this would negatively affect small redevelopment projects. Pineapple Grove Main Street: To proposed amendment was submitted to Pineapple Grove Main Street for review and comment. The Committee's comments, if any, will be presented at the meeting. Planning & Zoning Memorandum Staff Report Text Amendment for Restaurant Parking in CBD & One Time One Space Parking Reduction Page 4 1. Continue with direction. 2. Recommend approval based upon a finding that the proposed amendment is consistent with and further the Goals, Objectives, and Policies of the Comprehensive Plan. 3. Recommend denial, in whole or in part, in that the proposed amendment is'not appropriate with reason stated. RECOMMENDED:ACTION 1. Recommend that the City Commission adopt amendments to Land Development Regulations (LDRs) Section 4.4.13(G) Supplemental District Requlation,~ for the Central Business District dealing with the parking requirements for restaurants in the original DDA area, based upon positive findings with LDR Section 2.4.5(M). Recommend that the City Commission deny the amendments to Land Development Regulations (LDRs) Section 4.4.13(G) Supplemental District Re,qulations for the Central Business District and Section 4.4.24(G) Supplemental District Rec~ulations for the Old School Square Historic Arts District deleting the one time one space parking reduction. s:'tplanning & zoning\boards\p&z board\text amendment for restaurant parking.dec Planning & Zoning Memorandum Staff Report Text Amendment for Restaurant Parking in CBD & One Time One Space Parking Reduction Page 5 Section 4.4.13 Central Business (CBD) District: (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, except as modified below, the following shall also apply. (1) Parking: (a) Within that portion of the CBD bounded by Swinton Avenue on.the west, N.E. 1st Street on the north, the Intracoastal Waterway on the east and S.E. 1st Street on the south, parking requirements shall apply to new floor area and restaurants only. Except for restaurants. chanqes Chcng~$ in use (both residential and non-residential) shall not be required to provide additional on-site parking. The parking required for the creation of new non-residential floor area, except restaurants shall be at the rate of one space for each 300 square feet, or fraction thereof, of floor area in addition to the replacement of any previously required parking which may be eliminated. Within all other geographic areas of the CBD Zone District, the provisions of Section 4.6.9(C) shall apply, as further modified within this Subsection (G)(1). (e_b) If it is impossible or inappropriate to provide required parking on-site or off-site, pursuant to Subsection 4.6.9(E)(4), the in-lieu fee option provided in Section 4.6.9(E)(3) may be applied. (~c_)The parking requirement for restaurants is established at six (6) spaces per 1,000 square feet of floor area. (ed)The parking requirements for residential units in multi-family structures and mixed-use buildings shall be as follows: · Efficiency dwelling unit · One bedroom dwelling unit · Two or more bedroom dwelling unit · Guest parking shall be provided cumulatively as follows: - for the first 20 units I1.0 space/unit 1.25 spaces/unit 1.75 spaces/unit ' 0.50 spaces/unit - for units 21-50 i 0.30 spaces/unit , - for units 51 and above I 0.20 spaces/unit Planning & Zoning Memorandum Staff Report Text Amendment for Restaurant Parking in CBD & One Time One Space Parking Reduction Page 6 Section 4.4.24 Old School Square Historic Arts District (OSSHAD): (G) Supplemental District Re.qulation,~: Supplemental district regulations as set forth in Article 4.6, except as modified herein, apply: I TO: THRU: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION DA~!D,~AR,,~EI~ CIT~MANAGER PAUE DORLING, ACTIN~ D~RECTOR OF PLANNING~ND~NI~~ ..... . JEFFREY A. COSTELLO PRINCIPAL PLAN~-~- This amendment is corrective in nature. The State Legislature amended Chapter 397, Florida Statutes, regarding the regulation of residential and non-residential Alcohol and Drug Abuse Treatment Facilities. The amendment to the City's Land Development Regulations is necessary to conform with the State's requirements under Chapter 397, Florida Statutes. The amendment involves changing the definition of alcohol and drug abuse treatment facilities and other code sections, which refer to alcohol and drug abuse treatment facilities. LDR Section 4.3.3(D), which lists specific requirements of alcohol and drug abuse treatment facilities, has also been amended to include location and other restrictions. The proposed amendment includes a restriction that neither residential nor non-residential facilities shall be located within 1,200' of any public or private elementary, middle or secondary school. It also would not allow establishment of a facility within 1,200' of another facility. Additional background and an analysis of the request are found in the attached Planning and Zoning Board staff report. PLANNING AND ZONING BOARD CONSIDERATION The Planning and Zoning Board held a public hearing regarding this item at its meeting of November 20, 2000. There was no public testimony in support of or opposition to the proposed amendment. After discussing the text amendment, the Board voted 6-0 (Bird absent) to recommend to the City Commission approval of the proposed text amendment based upon positive findings with respect to LDR Section 2~4.5(M). RECOMMENDED ACTION By motion, approve on first reading a text amendment to the "Definitions" section of the Land Development Regulations as well as Section 4.3.3(D) and other affected sections, based upon the findings and recommendations by the Planning and Zoning Board, setting a public hearing date of January 2, 2001. Attachments: P&Z Staff Report and Documentation of November 20, 2000 Ordinance by Others /0. DELRAY BEACH ~ll&merica City Writer's Direct Line: (56l) 243-7090 MEMORANDUM DATE: December 11, 2000 TO: City Commission David T. Harden, City Manager FROM: Jay T. Jambeck, Assistant City Attome SUBJECT: Ordinance//35-00; Alcohol and Drag 1 se Treatment Facilities Please find attached a revised version of Ordinance //35-00 which makes only non-substantive changes to the ordinance in order to assure consistent reference to the treatment facilities throughout the ordinance. If you have any questions, do not hesitate to contact me. Attachment ORDINANCE NO. 3~ - 00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH AS FOLLOWS: AMENDING APPENDIX "A", "DEFINITIONS" BY REPEALING THE DEFINITION OF "ALCOHOL AND DRUG ABUSE TREATMENT FACILITY" AND ENACTING THE DEFINITIONS OF "RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITY" AND "NON- RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITY" TO CONFORM TO CHANGES IN THE FLORIDA STATUTES; AMENDING SECTION 4.3.3(D), "ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES", TO REFLECT CHANGES MADE TO THE DEFINITION OF "ALCOHOL AND DRUG ABUSE TREATMENT FACILITY", AND TO PROVIDE SPACING REQUIREMENTS BETWEEN SCHOOLS AND OTHER ALCOHOL AND DRUG ABUSE TREATMENT FACILTIES; AMENDING SECTION 4.4.6 TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDITIONAL USE IN THE RM ZONING DISTRICT; AMENDING SECTION 4.4.9 TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDITIONAL USE IN THE GC ZONING DISTRICT; AMENDING SECTION 4.4.13 TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDITIONAL USE IN THE CBD ZONING DISTRICT; AMENDING SECTION 4.4.16 TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDITIONAL USE IN THE POD ZONING DISTRICT; AMENDING SECTION 4.4.17 TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDITIONAL USE IN THE RO ZONING DISTRICT; AMENDING SECTION 4.4.21 TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDITIONAL USE IN THE CF ZONING DISTRICT; AMENDING SECTION 4.4.24 TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDITIONAL USE IN THE OSSHAD ZONING DISTRICT; AMENDING SECTION Ord. No. 35-00 4.6.9 TO SPECIFY THE OFF-STREET PARKING REQUIREMENTS FOR RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission has determined that the legislature has amended Chapter 397. Florida Statutes regarding the regulation of residential and non-residential Alcohol and Drag Abuse Treatment Facilities; and WHEREAS, the City Commission has determined that the City's Land Development Regulations regarding Alcohol and Drug Abuse Treatment Facilities require amendment to conform with the State's requirements under Chapter 397, Florida Statutes; and WHEREAS, the City Commission has determined that Section 4.3.3(D) of the Land Development Regulations require amendment to reflect changes made to the definition of Alcohol a Drug Abuse Treatment Facility; and WHEREAS, the zoning districts where such facilities are allowed must be amended to reflect the change in designation; and WHEREAS, the location of such facilities is a land use matter and is within the public interest of the citizens of the City of Delray Beach; and WHEREAS, schools and other places where children are located in large or disproportionate numbers have received increased protection under the law from influences and situations for which they are ill-equipped to deal with appropriately (See, e.g., Chapter 893.13, Florida Statutes); and WHEREAS, the City Commission has determined that based on the above concerns, neither a residential facility nor a non-residential facility is appropriately located within 1200' of a public or private elementary, middle or secondary school; and WHEREAS, the City Commission finds that treatment of recovering drug users, alcoholics and other addicts to be an important and worthy objective; and WHEREAS, the City Commission f'mds that a concentration of residential Alcohol and Drug Abuse Facilities in particular neighborhoods leads to a de facto institutionalization of those receiving treatment (See Familystyle of St. Paul, Inc. v. City of St. Paul, 923 F.2d 91 (8~h Cir. 1991)); and WHEREAS, the City Commission has determined that spacing requirements between residential facilities and maximum capacity limits in specified districts will prevent de facto institutionalization of those receiving treatment and will encourage integration; and WHEREAS, the City may regulate the location of such facilities through the exercise of its police powers in furthering local land use concerns. Ord. No. 35-00 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. 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: "Residential Alcohol and Drag Abuse Treatment Facility" Any facility which is or will be licensed by the State of Florida pursuant to Chapter 397, Florida Statutes, as may be amended from time to time, as a residential program. "Non-residential Alcohol and Drag Abuse Treatment Facility" Any facility which is or will be licensed by the State of Florida pursuant to Chapter 397, Florida Statutes, as may be amended from time to time, as a program other than a residential program. Section 2. That Article 4.3, "District Regulations; General Provisions", Section 4.3.3, "Special Requirements for Special Uses" of the Land Development Regulations of the Code of Ordinances of the City of Defray Beach is hereby amended as follows: (D) Residential and Non-residential Alcohol and Drug Abuse Treatment Facilities: Unless otherwise specified, the following provisions apply to Residential Alcohol and Drag Abuse Treatment Facilities. Non-residential Alcohol and Drag Abuse Treatment Facilities are considered medical offices for the purposes of zoning classification and regulation. (1) Floor Area: (a) Rooms: Minimum floor area for bedrooms and the minimum number of bathrooms shall be governed by the Standard Housing Code. (b) Common Area: At least 10% of the total floor area shall be devoted to a common area, exclusive of halls, corridors, stairs, and elevator shafts, wherein a variety of recreational and therapeutic activities may occur. (2) Facilities and Requirements: (a) Individual rooms or suites shall, in no case, have kitchen facilities or other such facilities available for the preparation of food. (b)Nothing in this subsection shall relieve any residential or non-residential alcohol or drag abuse treatment facility from compliance with F.$. Chapters 295 :n~- 397 of the Florida Statutes or any Palm Beach County Rules and Regulations pertaining to alcohol or drug abuse treatment facilities. Ord. No. 35-00 (3) Appearance: Residential ~alcohol and drag abuse treatment facilities .... shall have building elevations which are residential in character and similar in appearance to the surrounding neighborhood. They shall not be institutional in appearance. (4) Licenses and Inspections: (a) Fire Inspections: Issuance of an occupational license shall be preceded by an annual safety inspection; issuance of an occupational license shall be contingent upon compliance with the recommendations of the City Fire Marshall and the Chief Building Official. (b) State License: Applicants for a City occupational license shall submit a copy of the entire State application form as submitted to the State, to the Occupational License Administrator at the time of application for an occupational license. Proof of licensure by the State shall be submitted to the City within three months of issuance of the City occupational license. (c) Annual License: Occupational licenses must be renewed annually, and be only received upon provision of proof that the facility continues to be licensed by the State and upon passing of City inspections. (5) Location Restrictions and Special Regulations: (a) A residential alcohol and drug abuse treatment facility shall not be located within 1,200' of another residential alcohol or drag abuse treatment facility. (b) Neither a residential alcohol and drug abuse treatment facility nor a non-residential alcohol and drag abuse treatment facility shall be located within 1200' of any public or private elementary, middle or secondary school. Section 3. That Article 4.4, "Base Zoning District", Section 4.4.6, "Medium Density Residential (RM) District" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach is hereby amended as follows: Section 4.4.6 Medium Density Residential (RM) District: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RM District: (2)Residential Alcohol and ~Dmg a_Abuse tTreatment ~_acilities, subject to restrictions set forth in Section 4.3.3(D). Ord. No. 35-00 Section 4. That Article 4.4, "Base Zoning District", Section 4.4.9, "General Commercial (GC) District" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach is hereby amended as follows: Section 4.4.9 General Commercial (GC) District: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the GC District, except as modified in the West Atlantic Avenue Overlay District by Section 4.4.9(G)(1)(a) and the North Federal Highway Overlay District by Section 4.4.9(G)(2). (1) Residential Alcohol and Drag Abuse Treatment Facilities, subject to restrictions set forth in Section 4.3.3(D). Section 5. That Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business (CBD) District" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach is hereby amended as follows: Section 4.4.13 Central Business (CBD) District: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CBD District: (2)Residential Alcohol and ~Drug aAbuse ~Treatment ~_acilities, subject to restrictions set forth in Section 4.3.3(D). Section 6. That Article 4.4, "Base Zoning District", Section 4.4.16, "Professional and Office (POD) District" of the Land Development Regulations of the Code of Ordinances of the City of Defray Beach is hereby amended as follows: Section 4.4.16 Professional and Office (POD) District: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the POD District: (2)Residential Alcohol and Drug Abuse Treatment Facilities, subject to restrictions set forth in Section 4.3.3(D). Section 7. That Article 4.4, "Base Zoning District", Section 4.4.17, "Residential Office (RO) District" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach is hereby amended as follows: Ord. No. 35-00 Section 4.4.17 Residential Office (RO) District: (D) Conditional Uses and Structures Allowed: Thc following uses are allowed as conditional uses within the RO District: (2)Residential Alcohol and d_Drug aAbuse s_Treatment ~_acilities. subject to restrictions set forth in Section 4.3.3(D). Section 8. That Article 4.4, "Base Zoning District", Section 4.4.21, "Community Facilities (CF) District" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach is hereby amended as follows: Section 4.4.21 Community Facilities (CF) District: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CF District: (1) Health Care, such as: adult congregate living; continuing care; homes for the aged; nursing homes; s,_'~st2"_'_e residential alcohol and drug abuse treatment facilities subject to restrictions set forth in Section 4.3.3(D); hospitals, with or without helipads and associated laboratories, treatment centers, rehabilitation centers, and testing facilities; and mental health treatment facilities including residential care. Section 9. That Article 4.4, "Base Zoning District", Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach is hereby amended 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: (4)Adult congregate living facilities, Residential Alcohol and Drug Abuse sTreatment ~_acilities sul2iect to restrictions set forth in Section 4.3.3(D), Child Care, Adult Day Care. Continuing Care, Convalescent Homes, and Nursing Homes. Section 10. That Article 4.6, "Supplemental District Regulations", Section 4.6.9, "Off-Street Parking Regulations" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach is hereby amended as follows: Ord. No. 35-00 Section 4.6.9 Off-Street Parking Requirements: (C) Number of Parking Spaces Required: The number of parking spaces required for new buildings, new uses, additions, enlargements, or changes shall be determined by the following standards for uses and categories of use and types of parking spaces. (7) Other Uses: (a) Abused Spouse Residence: One space per sleeping room plus one space for each shift employee. (b) A.C.L.F*S, Residential Alcoholic and Drug Abuse Treatment Facilities, and Nursing Homes: Shall provide one space for each four beds. Section 11. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause 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 hereof other than the part declared invalid. Section 12. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 13. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2000. ATTEST: MAYOR City Clerk First Reading Second Reading Ord. No. 35-00 [lTV DF DELRI:I¥ BER[H DELRAY BEACH AH-AmorJcaCity 1993 FROM: SUBJECT: 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 - 561/243-7000 MF..MOR.ANDUM David T. Harden, City Manager RobertA. Barcinski, Assistant City Manager AGENDA ITEM - CITY COMMISSION MEETING DECEMBER 12,200O APPROVAL FIRST READING ORDINANCE ~36-00 DATE: December 5, 2000 Action City Commission is requested to approve on First Reading Ordinance ,~36-00 amending Section 71.999 "Penalty' revising parking ticket fees. Backa_ round At their meeting held on November 27, 2000 the Parking Management Advisory Board unanimously (7-0) voted to amend the parking ticket fees last changed in 1995 as follows: Parking tickets (metered and non metered spaces) Parking ticket late fee Handicapped parking ticket Current ProPosed $20 $25 $10 (if not paid) After 5 calendar days 920O $25 (if not paid) After 14 calendar days $250 The Board reviewed fees charged in eight (8) other cities. These changes were recommended. Based on this comparison and the Boards concerns to increase fees to help cover administrative costs for ticket processing and the need to encourage turnover of spaces in the allotted parking times. If approved on First Reading a Public Hearing would be held on January 2, 2001. Recommendation Staff recommends approval of Ordinance ~36-0O on First Reading. RAB:tas FIle:u:sweeney/ogenda Doc:Approva/ First Reading Pork/ng Ecket Fees THE EFFORT ALWAYS MATTERS ORDINANCE NO. 36-00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71, "PARKING REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY ~OF DELRAY BEACH, BY AMENDING SECTION 71,999, "PENALTY", ~.~-O-.~kl~VISE THE FEES CHARGED FOR PARKING VIOLATIONS; /" _ pRO~!IS~ING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, / K~ A~D Ay EFFECTIVE DATE, [ }~ t' WHE)~EAS, the Parking Management Advisory Board reviewe.d, the fees charged by thekCity of Deka_~/B'each for parking violations as set forth at Section 71.999, 'Penalty", of the City Co~ WHEREAS, the Parking Management Advisory Board recommended to the City Comtmssion that certain parking violation fees be increased to help cover administrative costs for ticket processing and the need to encouxage turnover of spaces in the allotted parking t~nes; and WHEREAS, the City CommXssion finds it to be in the best interests of the citizens of Delray Beach to enact these revised fees. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DEL1LAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 71, "Parking Regulations", Section 71.999, "Penalty", of the Code of Ordinances of the City of Delxay Beach be, and the same is hereby amended to read as follows: Section 71.999 PENALTY. (A) Whoever violates any provision of this chapter for which another penalty is not already otherwise provided shall be subject to the penalty provisions set forth in Section 70.99. (13) The civil penalties shall be set out in the complaint and parking ticket and shall be in the amount of $20 $25 for each violation of this chapter, except as otherwise set forth in this section. An additional $10 $25 civil penalty shall be imposed unless the amount designated on the complaint and parking ticket is paid within Svc (£) fourteen (14) calendar days from the date the complaint and parking ticket was affixed to that motor vehicle. (C) The fine for the traffic violations of parking too close to an intersection and parking too close to a fire hy&:ant or in a fire lane shall be in the amount of $30 for each violation. (12)) Any person violating the provisions of Section 71.028 shall be subject to a fine of .... $250 as permatted under F.S. Section 316.008(4) and 318.18(7). (E) Parking meters. (1) The violation of any provision contained in Sections 71.055 through 71.060 and Section 71.062 shall result in the penalties set forth in subsection (A) above. (2) Any person violating the provisions of Section 71.061(A), CB), (C), (G) or (H) shall be subiect to a fine under the terms and conditions as set forth in Section 71.999(13) of this chapter. (3) Any person violating the provisions of Section 71.061(D) and (E) shall be subiect to the provisions of the Florida Criminal Mischief Statute Section 806.13. (4) Any person violating the provisions of Section 71.061(F) shall be subject to a fine in the amount of $200 $250 for each violation. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent iurisdiction to be invahd, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. ~Section 4. That this ordinance shall become effective mediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of ., 2001. ATTEST: MAYOR City Clerk Fkst Reading Second Reading -2- Ord. No. 36-00