Loading...
10-02-07 Agenda Reg~'~ ~ City of Delray Beach Regular Commission Meeting RULEB 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 Tuesday, October 2, 2007 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 Regular Meeting 6:00 p.m. presiding officer has discretion to adjust the amount of time allocated. Public Hearings 7:00 p.m. Commission Chambers A. Public Hearings: Any citizen is entitled to speak on items under this Delray Beach City Hall section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. $IGN IN BHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 NW 1st Avenue Delray Beach, Florida 33444 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, Phone: (561) 243-7000 program, or activity conducted by the City. Contact Doug Smith at 243-7010, Fax: (561) 243-3774 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 1. ROLL CALL. 2. IIWOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: • September 18, 2007 -Regular Meeting 6. PROCLAMATIONS: A. Change a Light Day -October 3, 2007 B. Make A Difference Day -October 27, 2007 C. Florida City Government Week -October 21-27, 2007 D. National Arts and Humanities Month -October 2007 E. National Physical Therapy Month -October 2007 7. PRESENTATIONS: A. Delray Beach Jaycees Fishing Tournament/Delray Citizens for Delray Police -Officer Jeffery Messer and Chris Reich B. My Safe Florida Home Program Presentation 8. CONSENT AGENDA: City Manager Recommends Approval. A. ACCEPTANCE OF EASEMENT DEED/CLEARBROOK HOMEOWNERS ASSOCIATION: Approve and accept an easement deed between the City and Clearbrook Homeowners Association to allow the installation of a reclaimed water line from Homewood Boulevard to Clearbrook Circle. B. LANDSCAPE MAINTENANCE AGREEMENT/CANNERY ROW DEVELOPMENT: Approve and accept a landscape maintenance agreement between the City and Cannery Row Homeowners Association for the maintenance of landscaping within the public rights-of--way along N.E. 1" Avenue, N.E. 2"d Avenue and N.E. 3`~ Street adjacent to the Cannery Row Development. C. RESOLUTION NO. 58-07: Approve Resolution No. 58-07 providing support for the City's beach renourishment project and a funding commitment to provide for the local match. 10-02-2007 -2- D. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/NEIGHBORHOOD PLANNER: Approve an Interlocal Agreement between the City and the Community Redevelopment Agenry (CRA) for funding in the amount up to $34,410.00 per year for a Neighborhood Planner position to be assigned to the Neighborhood Resource Center to serve as a liaison between the Community Redevelopment Agency (CRA), West Atlantic Avenue Task Team (WATT) and West Atlantic Avenue Redevelopment Coalition (WARC); and provide Community Land Trust (CLT) outreach services. The Community Redevelopment Agency (CRA) shall contribute 50% of the cost of this position. E. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/PLAN REVIEWER II: Approve an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) in an amount up to $67,200.00 per year for a Plan Reviewer II position in the Community Improvement Department for the prioritization of CRA projects for plan review and permit approval. F. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)/PLANNING AND OTHER SERVICES: Approve an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) in an amount up to $115,500.00 per year for planning and other services from the Planning and Zoning Department, Parking Management Specialist and the Information Technology Division. G. IIVTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/CLEAN AND SAFE PROGRAM: Approve an Interlocal Agreement between the City and the Community Redevelopment Agenry (CRA) in the amount of $870,000.00 for funding for the Clean and Safe Program for FY 2007/2008. H. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/CONSTRUCTION/PROFESSIONAL SERVICES: Approve an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) for funding construction/professional services for FY 2007/2008. ~NTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/IN-HOUSE PROtECT MANAGEMENT SERVICES: Approve an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) in the amount of $78,750.00 for funding of the Project Manager position in the Environmental Services Department/Engineering Division. The Project Manager position manages the Community Redevelopment Agency (CRA) projects, helps keep the projects on schedule and ensure that they are properly coordinated and managed. J. RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Approve and ratify the reappointment of Mr. Charles Halberg, Planning & Zoning Board Representative, to the Parking Management Advisory Board for a two (2) year term ending August 31, 2009. 10-02-2007 -3- K. TRI-PARTY AGREEMENT/PALM BEACH COUNTY/DELRAY BEACH HISTORICAL SOCIETY: Approve an agreement between the City, Palm Beach County and the Delray Beach Historical Society for funding from Palm Beach County in an amount not to exceed $200,000 for the Hunt House Learning Center and Archival Storage Facility. L. SPECIAL EVENT REQUEST/HALLOWEEN PARADE: Approve a special event request to allow the Annual Halloween Parade sponsored by the Noontime Kiwanis Club to be held on October 27, 2007 from 1:30 p.m. until approximately 2:15 p.m., including temporary use permit per LDR Section 2.4.6(F) for the rolling closure of Atlantic Avenue from N.E. 1 °` Avenue to Veterans Park, staff support for traffic control and security; contingent upon the receipt of a hold harmless agreement. M. LETTER OF SUPPORT/COMMiJNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) FUNDING FOR FY 2008: Approve and authorize the Mayor to sign the letter of support for the Community Development Block Grant (CDBG) funding for FY 2008. N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 17, 2007 through September 28, 2007. O. AWARD OF BIDS AND CONTRACTS: 1. NONE. 9. REGULAR AGENDA: A. CONDITIONAL USE MODIFICATION REQUEST/SOUTH COUN'T'Y MENTAL HEALTH CENTER: Consider a conditional use request to allow the construction of five (5) housing facilities which will each have four (4) sleeping rooms with two (2) beds per room for South County Mental Health Center, located at 16158 South Military Trail. (Quasi Judicial Hearing) B. CONDITIONAL USE REQUEST/HISTORIC DEPOT SQUARE: Consider a conditional use request to allow a multiple family residential development containing a minimum of 25% workforce units and up to 24 dwelling units per acre to be known as Historic Depot Square in the MIC (Mixed Industrial and Commercial) Zoning District located between the CSX Railroad and I-95, south of Lake Ida Road. (Quasi Judicial Heating) 10-02-2007 -4- C. WAIVER REQUESTS/CALVARY BIBLE ALLIANCE CHURCH: Consider a request for waivers to the Land Development Regulations (LDR) Section 6.1.2(A)(2), which requires right-of--way improvements per LDR Section 5.3.1(C) when a project is adjacent to unimproved rights-of--way and a waiver to LDR Section 4.6.9(D)(3)(c)(1), which requires a 50-foot stacking distance along S.W. l ls' Street associated with a Class N site plan modification for Calvary Bible Alliance Church, located on the southwest corner of S.W. lOs' Street and S.W. 8s' Avenue (898 S.W. lOs' Street). (Quasi Judicial Hearing) D. RESTAURANT: Consider a request from the Dragonfly Restaurant for the purchase of six (6) in-lieu parking spaces in the amount of $39,000 to accommodate the conversion of use of a historic single family residence to a restaurant. The Dragonfly Restaurant is located at 125 N.E. 1"` Avenue. (Quasi Judicial Heating) E. APPOINTMENT OF OUTSIDE COUNSEL/tETPORT II. LLC AND SUN BEACH CODE ENFORCEMENT BOARD: Consider the appointment of the law firm of Holland & Knight, LLP as outside counsel for the City in the case of Jetport II, LLC and Sun Recycling, LLC v. The City of Delray Beach and the Delray Beach Code Enforcement Board, at no cost to the City. F. CONTRACT AWARD/ALL-RITE PAVING CONTRACTORS. INC.: Consider approval of a contract award to All-Rite Paving Contractors, Inc. in the amount of X135,804.50 for the construction of the west parking lot at the Delray Beach Swim and Tennis Center Project and consider waiving the irregularity of the lack of acknowledgement of Addendum No. 1. Funding is available from 117-4133-572-65.57 (Recreation Impact Fee FD/Swim and Tennis Parking Lot). G. SPECIAL EVENT REQUEST/HOWARD ALAN 1" ANNUAL DOWNTOWN DELRAY BEACH NEW YEAR'S EVE CRAFT FESTIVAL: Consider an approval of a special event request to endorse the 1" Annual Downtown Delray Beach New Year's Eve Craft Festival sponsored by Howard Alan Events, Ltd. to be held from 10:00 a.m. to 5:00 p.m. on December 29, 2007 -December 30, 2007, granting a temporary use permit per LDR Section 2.4.6(FJ for the closure of N.W. 3`~ Avenue from Atlantic Avenue north to the south entrance of Atlantic Grove and the Tennis Center Parking lot, to utilize the north lot at the City Hall parking lot for vendor parking, authorize staff support for police traffic control and security, barricading, fire inspector services and event signage to be installed one (1) week prior to event with the sponsor paying all overtime costs; contingent upon receipt of an executed Hold Harmless Agreement. H. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) alternate member to the Code Enforcement Board for an unexpired term ending July 14, 2010. Based upon the rotation system, the appointment will be made by Mayor Ellis (Seat #5). 10-02-2007 -5- 10. PUBLIC HEARINGS: A. ORDINANCE NO. 31-07 (FIRST READING/FIRST PUBLIC HEARING Privately initiated amendment to the Land Development Regulations amending Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection 4.4.24(B), Principal Uses and Structures", to include an additional property that is allowed in the permitted uses of the Central Business District (CBD) Zoning District; amending Subsection 4.4.24(F), "Development Standards", to include an additional property in the Old School Square Historic Arts District (OSSHAD) that is subject to the standards of the Central Business District (CBD) Zoning District. If passed, a second public hearing will be scheduled for October 16, 2007. 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.48-07: An ordinance amending Chapter 37, "Delray Beach Code Enforcement," of the Code of Ordinances by amending Section 37.45, "Supplemental Code Enforcement Procedures", Subsection 37.45(L), "Recovery of Unpaid Civil Penalties; Unpaid Penalty to Constitute a Lien; Foreclosure", to provide for the placement of liens due to unpaid citations. If passed, a second public hearing will be scheduled for October 16, 2007. B. ORDINANCE NO. 47-07: City initiated amendment to the Land Development Regulations (I.DR), amending Section 1.4.1, "Interpretation of Land Development Regulations", Article 2.2, "General Provisions", Sections 2.2.1, 2.2.4, 2.4.3, 7.1.3, 7.8.9, 7.8.12, 7.8.14, 7.8.15, 7.8.16, 7.8.17, 7.8.18, 7.8.19, 7.8.20, 7.8.21, and 7.8.22 and repealing Section 2.25 and 7.8.13 to substitute "Board of Adjustment" for "Board of Construction Appeals". If passed, a second public hearing will be scheduled for October 16, 2007. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: SEPTEMBER 28, 2007 10-02-2007 -6- SEPTEMBER 18.2007 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Rita Ellis in the Commission Chambers at City Hall at 6:04 p.m., Tuesday, September 18, 2007. 1. Roll call showed: Present - Commissioner Gary Eliopoulos Commissioner Fred Fetzer Commissioner Brenda Montague Mayor Rita Ellis Absent - Commissioner Woodie McDuffie Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Deacon Richard Santana with Emmanuel Catholic Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor Ellis noted the addition of Item 7.B., Presentations - Swearine- In Ceremony of the new Fire-Rescue Chief David James. Mr. Eliopoulos requested that Item 8.B., Contract Addition (C.O. No. lUWest Construction. Inc. be moved from the Consent Agenda to the Regular Agenda as Item 9.A.A., Item 8.D., Service Authorization No. 07-O1/Kimley-Horn and Associates. Inc. be moved from the Consent Agenda to the Regular Agenda as Item 9.A.A.A., Item 8.E., Reauest for Sidewalk DeferraU1108 Coconut Row be moved from the Consent Agenda to the Regular Agenda as Item 9.A.A.A.A., and Item 8.P., Service Authorization 14.4/Currie Sowards Aquila Architects be moved from the Consent Agenda to the Regular Agenda as Item 9.A.A.A.A.A. Mrs. Montague moved to approve the Agenda as amended, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 09/18/07 S. APPROVAL OF MINUTES: Mr. Fetzer moved to approve the Minutes of the Regulaz Meeting of September 4, 2007, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0 vote. Mrs. Montague moved to approve the Minutes of the SpeciaUWorkshop Meeting of September 11, 2007, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. 6. PROCLAMATIONS: 6.A. Spadv Living Heritage Dav -September 22.2007 Mayor Ellis read and presented a proclamation hereby proclaiming September 22, 2007 as Spady Living Heritage Day. Ms. Vera Ferrington and Daisy Fulton came forward and gave a few comments. 6.B. Walk Our Children to School Dav -October 2, 2007 Mayor Ellis read and presented a proclamation hereby proclaiming October 2, 2007 as Walk Our Children to School Day at Banyan Creek Elementary School. Janet Meeks, Education Coordinator and Scott Aronson, Parking Management Specialist came forward to accept the proclamation and gave a few brief comments. 6.C. Fire Prevention Week -October 7 -13.2007 Mayor Ellis read and presented a proclamation hereby proclaiming the week of October 7 through 12, 2007 as Fire Prevention Week. John Tomaszewski and Chief David James came forwazd to accept the proclamation. 6. Discover After School Dav -October 18.2007 Mayor Ellis read and presented a proclamation hereby proclaiming October 18, 2007 as Discover After School Day in the City of Delray Beach. Larry Woods came forwazd to accept the proclamation and gave a few brief comments. 6.E. Character Counts Week -October 21- 27.2007 Mayor Ellis read and presented a proclamation hereby proclaiming the week of October 21, 2007 through October 27, 2007 as National Character Counts Week in the City of Delray Beach. Peggy Murphy and Janet Meeks came forwazd to accept the proclamation. -2- 09/18/07 ~ PRESENTATIONS: 7.A. Sister Cities of Delray Beach. Inc. Youth Ambassadors David Schmidt (former Mayor for the City of Delray Beach), President of the Sister Cities of Delray Beach Delegation, stated on behalf of the Committee he would like to thank the City of Delray Beach for their continued support to help make programs like this student exchange possible. Mr. Schmidt stated this has been a great year for Sister Cities in Delray Beach and they had a very successful Safari Dinner in the spring with the Moshi Committee. He stated they had a visit from Mayor Kaiyo of Moshi, Tanzania in July in conjunction with the International Sister Cities Convention. Mr. Schmidt stated for the past 12 years or so Sister Cities has sponsored a local young artist contest that is sponsored by Sister Cities International. He stated the local winners go on to be judged at the International level and for the third time in twelve years they have an International winner in Delray Beach. Mr. Schmidt stated in November the ten winning pieces of artwork from around the world will be displayed here at City Hall. He stated this is the 30~' Anniversary of Delray's Sister Cities relationship with Miyazu, Japan and that was established by George Morikami who was a resident of Delray Beach who donated the land where the Morikami Museum is located. Mr. Schmidt stated this is the first year that students other than Atlantic High School attend. The three high schools represented this year were Pope John Paul II, American Heritage, and Atlantic High School. Mr. Schmidt thanked Tony Durante who works with the students a year prior to the trip to teach them some Japanese language and recognized Nancy King, Human Resources Consultant/Communications from the City who was a Chaperone and Jimmy Mihori and Chieko Mihori who also served as Chaperones. One of the unique aspects of the student exchange program is that Sister Cities funds almost all the costs involved with the trip and the students are asked to pay $250.00 towards the trip. Mayor Schmidt presented a Certificate to the City Commission from Sister Cities International honoring the City with its 30 year relationship with Miyazu, Japan and also presented the Commission with a rendering. Tony Durante stated in May the City of Delray Beach commissioned seven young people to be Ambassadors from Delray Beach to our Sister City Miyazu, Japan. Mr. Durante introduced the following Student Ambassadors who came forward and gave a few brief comments regarding their trip to Sister City Miyazu, Japan: - William J. "Billy O'Connor, Joanna Ann Luo, Jakob Alexander Gittelmaher, Tyler Kennedy, Xuejun KAlice" Wang, Johnathan Whittaker Whitt" Bullard, and Lindsay Brandt 7.B. Swearing-In Ceremony of Fire-Rescue Chief David James Chevelle D. Nubin, City Clerk, swore in new Fire Chief David James. Chief David James stated this has been alife-long goal to reach the top of the ladder in the fire service. Chief James stated he is honored to have his family present -3- 09/18/07 this evening and introduced his son, daughter, twin brother and two sisters. Chief James recognized friends who came from Miami and acknowledged members of the City of Dekay Beach Fire-Rescue Department who came to be with him on this special occasion. He stated he is looking forward to working with his new staff and they have demonstrated they aze ready to take it to the next level and he is ready to get them there. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. CHANGE ORDER NO. 2/ENCO. LLC: Approve Change Order No. 2 in the amount of $29,641.00 to ENCO, LLC for the replacement of the Atlantic Dunes Lifeguard Tower. Funding is available from 551-1575-591-45.50 (Business Insurance Fund/Property Claims). S.B. CONTRACT ADDITION (C.O. NO. 11/WEST CONSTRUCTION. INC: Approve a Contract Addition (C. O. No. 1 } in the amount of $206,269.25 to West Construction, Inc. for the removal and replacement of a seawall and the redesign of a pazapet wall due to actual site conditions, which could not be determined during preconstruction site evaluations due to the restrictions that were placed on entering the mangroves, for the Mangrove Park Project. Funding is available from 3344174572- 63.90 (General Construction Fund/Intracoastal Pazk/Other Improvements). 8.C. CONTRACT CLOSEOUT (C.O. NO. 2/FINAL)/ROSSO PAVING & DRAINAGE. INC.: Approve a Contract Closeout (C.O. No. 2/Final) in the amount of a $57,275.46 decrease and final payment in the amount of $21,425.89 to Rosso Paving & Drainage, Inc. for completion of the N.E. 4`~ Street Improvement Project. Funding is available from 448-5461-538-65.31 (Storm Water Utility Fund/Other Improvements/N.E. 4~' St.-N.E. 5`~ Avenue to N.E. 6~' Avenue). 8.D. SERVICE AUTHORIZATION NO. 07-01/IQMLEY-HORN AND ASSOCIATES. INC.: Approve Service Authorization No. 07-01 in the amount of $85,000.00 to Kimley-Horn and Associates, Inc. for completion of construction plans for implementation of the Florida Department of Transportation (FDOT) approved temporary modifications to US 1 between S.E. 10"' Street and George Bush Boulevazd. Funding is available from 3344141-572-65.99 (General Construction Fund/S.E./N.E. S~' and 6~' Avenues) after transfer from the Community Redevelopment Agency (CRA). 8.E. REQUEST FOR SIDEWALK DEFERRAL/1108 COCONUT ROW: Approve a request to defer the installation of a sidewalk in front of 1108 Coconut Row. 8.F. AMENDMENT TO BID AWARD/HATCHER CONSTRUCTION AND DEVELOPMENT. INC./133 N.W. 5 AVENUE: Approve an amendment to the bid awazd between the City, Community Redevelopment Agency (CRA) and Hatcher Development and Construction for the renovation of 133 N.W. 5~' Avenue. The amendment to the bid award shall add necessary changes to the original scope of work and allow for exterior improvements totaling $149,510.45. The Community Redevelopment Agency contribution will increase from $19,138.00 to a total of -4- 09/18/07 $168,648.45, subject to the Community Redevelopment Agency (CRA) Board approval at their September 20, 2007 meeting. 8.G. EXTENSION TO THE MAINTENANCE AND SUPPORT AGREEMENT/MOTOROLA. INC.: Approve an extension to the agreement between the City of Delray Beach and Motorola, Inc. for the maintenance and support of the Police Department's field computer applications that will also include the Premier Message switch softwaze, the Premier MDC client licenses, the TalkThru softwaze and licenses, and the CAD interface. Funding is available from 001-2113-521-46.90 (General Fund/Other Repair & Maintenance Costs). 8.H. INTERLOCAL AGREEMENTS/PALM BEACH COUNTY PUBLIC LANDS GRANT PROGRAM/ORCHARD VIEW PARK AIR POTATO REMOVAL/LEON WEEKS ENVIRONMENTAL PRESERVE: Approve the Interlocal agreements between the City and Palm Beach County for reimbursable grants from the Palm Beach County 2007 Public Lands Grant in the amount of $5,100.00 for Orchazd View Pazk Air Potato Removal and in the amount of $5,000.00 for eradication of prohibited invasive non-native vegetation at Leon Weekes Environmental Preserve. .I. INTERLOCAL AGREEMENT/PALM BEACH COUNTY/DROWNING PREVENTION COALITION: Approve an Interlocal Agreement with Palm Beach County for reimbursement of swimming lessons not to exceed $50.00 per child for the Learn to Swim Program at Pompey Park and the Delray Swim/Tennis Center through the Drowning Prevention Coalition of Palm Beach County. GRANT AWARD/EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FOR FY 2007: Accept the Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $60,576.00 which will provide funding for the Police Department's Holiday Task Force Overtime. 8.K. SPECIAL EVENT REQUEST/8~ ANNUAL DOWNTOWN DELRAY BEACH THANKSGIVING WEEKEND ART FESTIVAL: Approve a special event request for the 8 Annual Downtown Delray Beach Thanksgiving Weekend Art Festival to be held on November 24, 2007 through November 25, 2007 from 10:00 a.m. unti15:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the use of N.E. 2"a Avenue from the alley just north of Atlantic Avenue to approximately 400 feet north of N.E. 3'~ Street, to utilize the City Hall pazking lot for vendor parking, and to authorize staff support for traffic control, barricading, security and Fire Inspector with the sponsor paying all overtime costs, contingent upon receipt of an executed hold harmless agreement. $.L. SPECIAL EVENT REQUEST/21az ANNUAL TURKEY TROT: Approve a special event request to allow the 218 Annual Turkey Trot to be held on Saturday, November 17, 2007 from 5:00 a.m. until approximately 9:00 a.m., including temporary use permit per LDR Section 2.4.6(F) for the closure and use of A-1-A from Casuarina to George Bush Boulevard from 5:00 a.m. to approximately 10:00 a.m., and authorize staff support for traffic control, barricade set-up/removal, trash removal and -5- 09/18/07 clean up, use of half of small stage, and waiver of parking meter fees for Sandoway, Ingraham, and Anchor Park as well as along Atlantic Avenue from Venetian to A-1-A from 7:00 a.m. until approximately 10:00 a.m. 8.M. 2007-2008 AGREEMENT/CHILDREN'S SERVICES COUNCILBEACON CENTER AT VILLAGE ACADEMY ELEMENTARY SCHOOL: Approve an agreement between the City of Delray Beach and Children's Services Council (CSC) in the amount of $769,009.00 for programs and services carried out under the Beacon Center at Village Academy Elementary School for FY 2007/2008. 8.N. AGREEMENT/CHILDREN'S SERVICES COUNCIL OUT OF SCHOOL PROGRAM: Approve an agreement between the City of Delray Beach and Children's Services Council (CSC) for a reimbursable amount up to $314,825.00 for the Parks and Recreation Out-of-School Youth Recreation/Enrichment Programs, which includes After School, Holiday/Spring Camp, One Day Camps and Summer Camp. 8.0. FLORIDA LEAGUE OF CITIES AND FLORIDA LEAGUE OF MAYORS/GREEN CITY ACTION ACCORD: Authorize the Mayor to sign the "Mayors' Green City Action Accord" resolutions adopted by the Florida League of Cities and the Florida League of Mayors. .P. SERVICE AUTHORIZATION 14.4/CURRIE SOWARDS AGUILA ARCHITECTS: Approve Service Authorization No. 14.4 in the amount of $32,750.00 to Currie Sowards Aguila Architects for additional design and construction administration services for the redesign of a site retaining wall and the design of a new sea wall, due to actual site conditions, for the Mangrove Park Project. Funding is available from 334-4174-572-63.90 (General Construction Fund/Intracoastal Park/Other Improvements). REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 3, 2007 through September 14, 2007. ~ AWARD OF BIDS AND CONTRACTS: 1. Contract award to GC Works, Inc. in the amount of $133,093.40 for the construction of Sunshine Neighborhood Park. Funding is available from 334-4151-572-68.39 (General Construction Fund/Sunshine Park). 2. Contract award to West Construction, Inc. in the amount of $458,932.60 for the Lindell Boulevard Traffic Calming Project. Funding is available from 334-3162-541-65.78 (General Construction Fund/Traffic Calm-Lindell Blvd). Purchase award to Argo Uniform in the amount of $34,053.00 for the purchase of replacement uniforms for the Police Department. Funding is available from 001-2111-521-52.22, 001-2113-521- -6- 09/18/07 52.22, 001-2115-521-52.22, 001-2117-521-52.22, 001-2119-521- 52.22 and 001-2121-521-52.22 (General Fund/Uniforms/Linen Service). 4. Purchase award to Dell Marketing, Inc. in the amount of $58,376.00 for the purchase of twenty (20) laptops and seventeen (17) docking stations and to SunGard H.T.E in the amount of $16,725.00 for the purchase of fifteen (15) licenses for the Fire- Rescue Department. Funding is available from 3346112-522- 64.90 (General Construction Fund/Other Machinery/Equipment). Bid award to Carlson-Moore Construction in the amount of $160,780.80 for box seat replacement of 1,272 box seats with cup holders at the Tennis Stadium. Funding is available from 001- 4210-575-63.90 (General Fund/Other Improvements). Mrs. Montague moved to approve the Consent Agenda as amended, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:05 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 1Q PUBLIC HEARINGS: 10.A. RESOLUTION NO.53-07 (MILEAGE LEVY: A resolution levying a tax on all properties within the City of Delray Beach for operation and maintenance and for payment of principal and interest on bonded indebtedness for FY 2008. The caption of Resolution No. 53-07 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 53-07 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. -7- 09/18/07 The City Attorney announced that Resolution No. 53-071evies a tax on all properties in the City of Delray Beach for fiscal year 2008. The millage rate is 6.14 mills for operation and maintenance of the General Fund; 0.43 mills for the payment of principal and interest on bonded indebtedness for a total of 6.57 mills (which equals the millage rate). The rate of 6.5783 mills is less than fiscal year 2007. Operating millage is 6.14, while debt service millage remains at 0.43. The rolled back rate calculated under the TRIM law for operating purposes is 6.7527 mills. The millage rate is 9.156% less than the mlled back rate. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 53-07, the public hearing was closed. Mr. Fetzer moved to appmve Resolution No. 53-07 on Second and FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 10.B. RESOLUTION NO. 34-07 (MILEAGE LEVY/DDA): A resolution levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2008. The caption of Resolution No. 54-07 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 54-07 is on file in the City Clerk's A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney announced that Resolution No. 54-071evies a tax in the amount of 0.8855 mills on all properties within the Downtown Development Authority (DDA) Taxing District of the City of Delray Beach for fiscal year 2008. This millage is less than the 0.9731 rolled back rate calculated under the TRIM law by 9.89%. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 54-07, the public hearing was closed. -8- 09/18/07 Mr. Eliopoulos moved to approve Resolution No. 5407 on Second and FINAL Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0 vote. 10.C. RESOLUTION NO.55-07 (BUDGET ADOPTION FOR FY 2008): A resolution making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 2007 through September 30, 2008. The caption of Resolution No. 55-07 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM THE 1 ~` DAY OF OCTOBER, 2007, TO THE 30~' DAY OF SEPTEMBER, 2008; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (The official copy of Resolution No. 55-07 is on file in the City Clerk's A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated at its meeting of September 17, 2007 the Planning and Zoning Board reviewed this and recommended approval of the CIP consistency component. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 55-07, the public hearing was closed. Mrs. Montague moved to approve Resolution No. SS-07 (adopting the fiscal yeaz 2008 Budget) on Second and FINAL Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis - Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. -9- 09/18/07 10.C.1. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN: Accept the Planning and Zoning Board's finding that the proposed Five Year Capital Improvement Plan and FY 2008 Capital Improvement Budget are consistent with the Comprehensive Plan, and approve same. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding the Capital Improvement Plan, the public hearing was closed. Mr. Fetzer moved to approve the Five Year Capital Improvement Plan as submitted, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. 10.D. ORDINANCE NO.39-07: An ordinance amending Chapter 52, "Water" of the City Code of Ordinances by amending Section 52.34, "Water Rates", to provide for changes in residential, nonresidential, and irrigation rates for FY 2008. The caption of Ordinance No. 39-07 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 52.34, "WATER RATES", SUBSECTION 52.34(8), TO PROVIDE FOR CHANGES IN RATES FOR FY 2008; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 39-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. The public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 39-07, the public hearing was closed. Mrs. Montague moved to adopt Ordinance No. 39-07 on Second and FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis - Yes. Said motion passed with a 4 to 0 vote. -10- 09/18/07 10.E. ORDINANCE NO. 40-07: An ordinance amending Chapter 53, "Sanitary Sewers", of the City Code of Ordinances by amending Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", to provide for increased sewer rates. The caption of Ordinance No. 40-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, "SANITARY SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE", SUBSECTION 53.130(D), TO PROVIDE FOR INCREASED RESIDENTIAL AND NONRESIDENTIALJCOMMERCIAL RATES FOR FY 2008; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 40-07 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. The public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 40-07, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 40-07 on Second and FINAL Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0 vote. 10.F. ORDINANCE NO. 41-07: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code of Ordinances by amending Section 51.70, "Regular Charges Levied", to provide for increasing contracted garbage, trash, recycling, vegetation, and bulk waste collection service rates by 2.6% for FY 2008. The caption of Ordinance No. 41-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", -11- 09/18/07 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2008; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 41-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. The public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 41-07, the public hearing was closed. Mrs. Montague moved to adopt Ordinance No. 41-07 on Second and FINAL Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague - Yes. Said motion passed with a 4 to 0 vote. 10.G. ORDINANCE NO. 34-07 (SECOND READING/SECOND PUBLIC HEARINGI: Privately initiated amendment to the Land Development Regulations (LDR), Section 4.4.13, "Central Business District", and Section 4.6.9, "Off-Street Parking Regulations", to permit the use of parking lifts. The caption of Ordinance No. 34-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING SECTION 4.4.13 "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(C) "ACCESSORY USES AND STRUCTURES PERMITTED"; AMENDING SECTION 4.6.9 "OFF- STREET PARKING REGULATIONS", SUBSECTION 4.6.9(D) "DESIGN STANDARDS" BY AMENDING SUBSECTION 4.6.9(Dx 1) "GENERAL DESIGN CONCEPTS" AND BY ENACTING SUBSECTION 4.6.9(Dxl l) "MECHANICAL PARKING LIFTS"; AND AMENDING SUBSECTION 4.6.9(F) "SPECIAL PROVISIONS" BY ENACTING SUBSECTION 4.6.9(F)(4) "MECHANICAL LIFTS"; TO PROVIDE THAT SINGLE LEVEL MECHANICAL PARKING -12- 09/18/07 LIFTS MAY BE PROVIDED SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 34-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. The public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. At this point, Mr. Eliopoulos declared a conflict of interest and stepped down from the dais. Scott Aronson, Parking Management Specialist, stated this was before the City Commission on September 4, 2007 and approved on First Reading with all the stipulations and conditions applied to this ordinance. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 34-07, the public hearing was closed. Mr. Fetzer moved to adopt Ordinance No. 34-07 on Second Reading/Second Public Hearing, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis - Yes. Said motion passed with a 3 to 0 vote. At this point, Mr. Eliopoulos returned to the dais. 10.H. ORDINANCE NO. 35-07 (SECOND READING/SECOND PUBLIC HEARING): City initiated amendment to the Land Development Regulations (LDR) Section 4.4.13(G~1), "Central Business District (CBD)", to modify parking requirements for hotels and motels in the original Downtown Development Area in the Central Business District. The caption of Ordinance No. 35-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING CHAPTER FOUR, "ZONING REGULATIONS", ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION G, -13 09/18/07 "SUPPLEMENTAL DISTRICT REGULATIONS," SUBSECTION (G~ 1), "CENTRAL CORE AND BEACH AREA SUPPLEMENTAL REGULATIONS", TO ESTABLISH PARKING REQUIREMENTS FOR HOTELS AND MOTELS WITHIN THE ORIGINAL DOWNTOWN DEVELOPMENT AREA, PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 35-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. The public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Scott Aronson, Parking Management Specialist, stated this ordinance was approved by the City Commission on September 4, 2007 and he is present to answer any questions the Commission may have. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 35-07, the public hearing was closed. Mr. Fetzer moved to adopt Ordinance No. 35-07 on Second Reading/Second Public Hearing, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis - Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 10.I. ORDINANCE NO. 42-07: An ordinance amending Chapter 50, "Utilities Generally: Public Service Tax", Section 50.1 S, "Levy of Tax", to provide for an increase of the public service taxes for electricity, fuel oil and gas. The caption of Ordinance No. 42-07 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 50, "UTILITIES GENERALLY; PUBLIC SERVICE TAX", SECTION 50.15, "LEVY OF TAX", TO PROVIDE FOR AN INCREASE IN THE TAX CHARGED; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 42-07 is on file in the City Clerk's -14- 09/18/07 The City Attorney read the caption of the ordinance. The public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 42-07, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 42-07 on Second and FINAL Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0 vote. 10.J. ORDINANCE NO. 36-07: City initiated amendment to the Land Development Regulations (LDR) Section 2.2.3, "The Site Plan Review And Appearance Board", Subsection (D), "Duties, Powers and Responsibilities", and Section 2.2.4, "The Board of Adjustment", Subsection (D), "Duties, Powers and Responsibilities", to provide for a method for appeals; amending Section 2.4.8, "Processing Schedules", in order to provide 30 days for review of beach property plans in accordance with the beach property owners design manual; amending Section 4.4.3, "Single Family Residential (R-1) Districts", Subsections (A), "Purpose and Intent", (E), "Review and Approval Process", (F), "Development Standards", and (G), "Supplemental District Regulations", and amending Section 4.5.13, "North Beach/Seagate and Ocean Neighborhood Overlay Districts", to provide that visual compatibility may be regulated in accordance with the "Beach Property Owners Design Manual" for North Beach and Seagate Neighborhoods. The caption of Ordinance No. 36-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 2.2.3, "THE SITE PLAN REVIEW AND APPEARANCE BOARD", SUBSECTION (D), "DUTIES, POWERS AND RESPONSIBILITIES", AND SECTION 2.2.4, `"THE BOARD OF ADJUSTMENT", SUBSECTION (D), "DUTIES, POWERS AND RESPONSIBILITIES", TO PROVIDE FOR A METHOD FOR APPEALS; AMENDING SECTION 2.4.8, "PROCESSING SCHEDULES", IN ORDER TO PROVIDE 30 DAYS FOR REVIEW OF BEACH PROPERTY PLANS IN ACCORDANCE WITH THE BEACH PROPERTY OWNERS DESIGN MANUAL; AMENDING SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS", SUBSECTIONS (A), "PURPOSE AND INTENT", (E), -15- 09/18/07 "REVIEW AND APPROVAL PROCESS", (F), "DEVELOPMENT STANDARDS", AND (G), "SUPPLEMENTAL DISTRICT REGULATIONS", AND AMENDING SECTION 4.5.13, "NORTH BEACH/SEAGATE AND OCEAN NEIGHBORHOOD OVERLAY DISTRICTS", TO PROVIDE THAT VISUAL COMPATIBILITY MAY BE REGULATED IN ACCORDANCE WITH THE NORTH BEACH AND SEAGATE NEIGHBORHOODS DESIGN MANUAL; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 36-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. The public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this is to achieve consistency between the Beach Design Guidelines and the Land Development Regulations. He stated it makes specific reference to appealable items and where they should go (i.e. one to the Boazd of Adjustment and one to the Site Plan Review and Appearance Board). Mr. Dorling stated the ordinance also spells out the time which the plans aze to be reviewed (within 30 days) and giving the authority for additional regulations to be applied that are identified in the Beach Property Owners Manual. At its meeting of August 20, 2007, the Planning and Zoning Boazd voted 7 to 0 vote to recommend approval. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 36-07, the public hearing was closed. Mr. Fetzer moved to adopt Ordinance No. 36-07 on Second and FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. 10.K. ORDINANCE NO. 37-07: City initiated amendment to the Land Development Regulations (LDR) Appendix "A", "Definitions", by enacting definitions for "adult material", "specified anatomical areas" and "specified sexual activities". -16- 09/18/07 The caption of Ordinance No. 37-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, AMENDING APPENDIX "A", BY ENACTING DEFINITIONS FOR "ADULT MATERIAL", "SPECIFIED ANATOMICAL AREAS" AND "SPECIFIED SEXUAL ACTIVITIES"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No 37-07 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. The public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this is changes to three definitions in Appendix "A" which came out of a recent court ruling which indicated if your definition portion of the adult entertainment ordinance is too vague it could jeopazdize the entire ordinance. Therefore, staff is revising those definitions. At its meeting of August 20, 2007, the Planning and Zoning Board voted 7 to 0 to recommend approval. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 37-07, the public hearing was closed. Mr. Fetzer moved to adopt Ordinance No. 37-07 on Second and FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. 10.L. ORDINANCE NO. 43-07: An ordinance amending Chapter 59, "Reclaimed Water", of the Code of Ordinances by amending Section 59.06, "Use of Reclaimed Water within the City of Delray Beach Utility Service Area", to provide that all customers shall connect to the Reclaimed Water System; amending Section 59.09, "Fees, Rates and Charges", to increase the wholesale rate; and amending Section 59.13, "Approved Uses of Reclaimed Water", to provide for hours of use for irrigation. -17- 09/18/07 The caption of Ordinance No. 43-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, BY AMENDING CHAPTER 59, "RECLAIMED WATER", SECTION 59.06, "USE OF RECLAIMED WATER WITHIN THE CITY OF DELRAY BEACH UTII.TTY SERVICE AREA", TO PROVIDE THAT ALL CUSTOMERS SHALL CONNECT TO THE RECLAIMED WATER SYSTEM; AMENDING SECTION 59.09, "FEES, RATES AND CHARGES", TO INCREASE THE WHOLESALE RATE AND AMENDING SECTION 59.13, "APPROVED USES OF RECLAIMED WATER" TO PROVIDE FOR HOURS OF USE FOR IRRIGATION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 43-07 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. The public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 43-07, the public hearing was closed. Mrs. Montague moved to adopt Ordinance No. 43-07 on Second and FINAL Reading, seconded by Mr. Fetzer. Upon mll call the Commission voted as follows: Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - Yes. Said motion passed with a 4 to 0 vote. 10.M. ORDINANCE NO. 44-07: City initiated amendment to the Land Development Regulations (LDR), Section 2.4.3(x)(1) "Development Applications" reducing the development application fee for variances before the Historic Preservation Board. The caption of Ordinance No. 44-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY -18- 09/18/07 AMENDING SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3(x), "FEES", SUB-SUBSECTION 2.4.3(Kxl), "DEVELOPMENT APPLICATIONS", TO REDUCE THE FEE FOR HISTORIC PRESERVATION BOARD VARIANCES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 44-07 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. The public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated on August 21, 2007, the City Commission passed Ordinance No. 25-07 that proposed increases and fees. One of those fees was the Historic Preservation Board (HPB) fee and at that time the City Commission directed staff to come back with a change to reduce the fee from $500.00 to $250.00 so as not to discourage an applicant from seeking relief in order to preserve a historic structure. Mr. Dorling stated there is also a slight change from "self-addressed envelopes" to "pre-addressed envelopes". Mayor Ellis declared the public hearing. There being no one from the public who wished to address the Commission regarding Ordinance No. 44-07, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 44-07 on Second and FINAL Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0 vote. 10.N. RESOLUTION NO. 56-07/INTERLOCAL AGREEMENT FOR REDEVELOPMENT AGENCY/133 N.W. 5`° AVENUE: Consider approval of Resolution No. 56-07 authorizing the City to purchase property, located at 133 N.W. 5~' Avenue, to provide land to be used in conjunction with the Community Land Trust affordable residential housing; and approve Interlocal Agreement for Sale and Purchase of Real Property between the City and the Community Redevelopment Agency (CRA) in the amount of $10.00 for the transfer of the property located at 133 N.W. 5"' Avenue to the City. The caption of Resolution No. 56-07 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM -19- 09/18/07 SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA. office.) (The official copy of Resolution No. 56-07 is on file in the City Clerk's The public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated this is an Interlocal Agreement for the sale and purchase of real property between the Community Redevelopment Agency (CRA) and the City of Delray Beach. The intent is for the City to transfer the land to the Community Land Trust (CLT) and the property is located at 133 N.W. Ss' Avenue in the City of Delray Beach. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 56-07, the public hearing was closed. Mrs. Montague moved to approve Resolution No. 56-07, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. 10.0. RESOLUTION NO. 57-07/INTERLOCAL AGREEMENT FOR Consider approval of Resolution No. 56-07 authorizing the City to purchase property, located at 140 N.W. 4a' Avenue, to provide land to be used in conjunction with the Community Land Trust affordable residential housing; and approve Interlocal Agreement for Sale and Purchase of Real Property between the City and the Community Redevelopment Agency (CRA) in the amount of $10.00 for the transfer of the LaFrance Hotel property located at 140 N.W. 4s' Avenue to the City. The caption of Resolution No. 57-07 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED -20- 09/18/07 HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 57-07 is on file in the City Clerk's office.) The public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated this resolution adopts an lnterlocal Agreement for the sale and purchase of real property between the City of Delray Beach and the Community Redevelopment Agency (CRA). This is the La France Hotel property located at 140 N.W. 4 Avenue. The City Attorney stated when the City of Delray Beach obtains title to the land upon closing it will be transferred to the Community Land Trust (CLT) to be used for affordable residential use. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 57-07, the public hearing was closed. Mr. Fetzer moved to approve Resolution No. 57-07, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Item. 11.A. City Manager's response to prior public comments and inquiries. In response to Mr. Bill McDonough's concern that the proposed historic district regulations would not allow him to build anything lazger than his current home on his property (S.E. 7s' Avenue), the City Manager stated according to the Property Appraiser's records the home on that property today has air condition space of 2,270 square feet, two open porches (one at 260 square feet and one at 132 squaze feet) and a finished garage of 600 square feet for a total of 3,262 square feet. He stated the proposed regulations would allow a residential building of 3,656 square feet so it would be lazger than what Mr. McDonough currently has on the property. The City Manager stated staff will communicate this to Mr. McDonough. 11.B. From the PubUc. 11.B.1. Carolyn Zimmerman. 212 S.W. 2id Avenue. Delray Beach, commented about Joe Weldon retiring soon and stated he has really done a good job as the Director -21- 09/18/07 of Parks and Recreation and has done some really great things for the community. Miss Zimmerman also commended former Fire-Rescue Chief Kerry Koen and the great job he has done. She stated for years she has wanted to paint the door red on the main fire station. The City Manager suggested that Miss Zimmerman go before the Site Plan Review and Appearance Board (SPRAB) if she would like to volunteer to paint the door of the main fire station red. Miss Zimmerman also commended the City Manager for all the things he has done and she stated that the City of Delray Beach has had some really good people working for them and they all deserve thanks. 11.B.2. Matthew Grabham. 350 S.E. 7`~ Street. Delray Beach, stated he lives opposite Mr. Bill McDonough and stated he has written the Commission which he believes is very substantial evidence that the 300 block does not have historic fabrics. Mr. Grabham stated two doors up from Mr. McDonough is a 6,000 square foot house that was built with 40% lot coverage and is a two-story home. He stated that demonstrates that Bill can only build 3,300 square feet when he is two doors away from a 6,000 square foot house and that illustrates why the proposed LDR's have been voted down by Board after Board. He stated this is the third time that the LDR's have back to the Commission and have been stopped because Boards keep voting against it and the public keeps saying this is not reasonable. Mr. Grabham urged the Commission to consider what the residents are going through when they do their evaluation. The City Manager stated the lot Mr. Grabham is speaking of that has the big house on it is 11,761 square feet whereas Mr. McDonough's lot is 8,125 square feet. Mr. Grabham stated on the 8,125 square foot lot he is restricted. 11.B.3. Alice First. 707 Place Tavant. Detrav Beach. stated she too has been offering to buy paint for the front door of the main fire station and approximately two years ago SPRAB approved a whole new front for that area. Mrs. First stated in honor of the outgoing Fire Chief and the new Fire Chief she asked that the project be done. She stated the project has been approved and just needs to be completed and inquired whether or not she would have to go to SPRAB to get an extension on the project because it is over 18 months. Mrs. First stated she was late coming to the meeting this evening because she stayed home to watch the video streaming. She tried to get the streaming audio and 1620 am at home and she was not successful. Mrs. First stated she was prepared to speak to the Commission once again about this issue but to her amazement when she turned on her car radio she was able to listen to the meeting while driving down Lake Ida Road. Mrs. First thanked the City for making it work. ~2. FIRST READINGS: 1 .A. N At this point, the time being 7:35 p.m., the Commission moved to Item 9.A.A. (formerly 8.B.) of the Regular Agenda -22- 09/18/07 9. REGULAR AGENDA: 9.A.A. CONTRACT ADDITION (C.O. NO. 1)/WEST CONSTRUCTION. INC: Approve a Contract Addition (C. O. No. 1) in the amount of $206,269.25 to West Construction, Inc. for the removal and replacement of a seawall and the redesign of a parapet wall due to actual site conditions, which could not be determined during preconstruction site evaluations due to the restrictions that were placed on entering the mangroves, for the Mangrove Pazk Project. Funding is available from 334-4174-572- 63.90 (General Construction Fund/Intracoastal Park/Other Improvements). Richard Hasko, Director of Environmental Services, stated the change orders are a result of eazly on doing pre-construction site evaluations, etc. He stated this area was very heavily vegetated and with a lot of mangroves and wetlands. Staff was very restricted by Department of Environmental Protection (DEP) as to how much pre- construction investigation they can do. Mr. Hasko stated the consultants did the best that they could in trying to pin down the soils conditions for design purposes and trying to do the appropriate investigations of the existing seawall and the structures to determine what needed to be done. He stated during the design process and in the bid documents staff acknowledged that they really did not have a cleaz idea because they could not get in to do a cleaz investigation and therefore line items have been put into the contract for repair. Mr. Hasko stated now that staff is prepared to do the work they aze finding out that the existing seawall that runs east and west where the boat is going to be is much more deteriorated than staff had thought from the initial inspections. He stated the entire wall needs to be replaced at this point which is one part of the change order and the other part is the proposed retaining wall going along the east side of the parking azea and noted this was an azea that was heavily in mangroves and staff could not get back there legally to do the proper soil investigations. He stated the consultants designed the retaining wall for a normal soils condition. He stated when they went out to actually do the work the contractor ran into a layer of cap rock which staff did not anticipate. He stated Item 8.P. is the associated engineering fees for the redesign of those site elements. Mr. Eliopoulos expressed concern over the process and because there are monies he does not necessarily want to use them. He stated with regard to the wall he would have liked to have seen this at the front end of the contract and asked why staff went about accessing the site after the fact. Mr. Hasko stated when you are working in an area where there are environmentally sensitive surroundings, wetlands, and mangroves and you are going to disturb much of that during the construction there is an extremely lengthy permitting process with a lot of negotiating. He stated you are trying to get started on the design yet you do not have a permit from the environmental agency to actually go in there because of the sensitivity of the environment to do the appropriate geotechnical investigations. Josh Aguila, (Architect/Consultant), gave a brief overview of the project and stated their task was to try and design a project that served what the City believed -23- 09/18/07 their needs were (number of boat slips and number of caz parks). He stated by pure coincidence they happen to have a contract with the condominium next door who wanted to add pazking and put in a new entry gate. He stated they were able to look at the property geometry of what the City had with the neighbors to the north. Mrs. Montague asked if we can anticipate any additional costs. In response, Mr. Aguila stated they are very comfortable and confident that what they are planning on doing now will not run into anything unforeseen. Mr. Hasko stated there is not a final number yet but it will not be anywhere near these numbers. However, staff ran into soil conditions and when the contractor got to the site and started putting in some of the underground utilities, drainage, etc. he ran into a lot of varied construction debris which staff had no idea was there mostly consisting of chunks of concrete and old pieces of road. Mr. Hasko stated traces of it showed up in the borings but not on the magnitude of what the contractor found. Therefore, he stated staff is making some prudent technical decisions as to how this is going to be dealt with. Mr. Hasko stated they are going to take out what is going to be in the way of the pipes. He reiterated that there are not complete numbers but they will not be anywhere near what the Commission is looking at this evening with regard to this change order. Mr. Eliopoulos stated he would not have cared if we did not have to do the bathrooms but in the future he suggested that staff have a game plan so that he does not feel forced into the corner. The City Manager stated the City of Delray Beach has put $1 million into the project and there is a grant from the Florida Inland Navigation District (FIND) of approximately $660,000.00 and Palm Beach County has set aside $1 million for the project and will put up to $1 million to finish the project above the City's part and the F.I.N.D. part. The City Manager stated staff believes there is enough in the County grant to cover these additional costs. Mr. Eliopoulos moved to approve Item 9.A.A. (formerly Item 8.B.), seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 9.A.A.A.A.A. SERVICE AUTHORIZATION 14.4/CURRIE SOWARDS AGUILA ARCHITECTS: Approve Service Authorization No. 14.4 in the amount of $32,750.00 to Currie Sowards Aguila Architects for additional design and construction administration services for the redesign of a site retaining wall and the design of a new sea wall, due to actual site conditions, for the Mangrove Park Project. Funding is available from 334-4174-572-63.90 (General Construction Fund/Intracoastal Park/Other Improvements). -24- 09/18/07 Mr. Eliopoulos moved to approve Item 9.A.A.A.A.A. (formerly Item 8.P.), seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 9.A.A.A. SERVICE AUTHORIZATION NO. 07-01/IQMLEY-HORN AND ASSOCIATES. INC.: Approve Service Authorization No. 07-01 in the amount of $85,000.00 to Kimley-Horn and Associates, Inc. for completion of construction plans for implementation of the Florida Department of Transportation (FOOT) approved temporary modifications to US 1 between S.E. 10`h Street and George Bush Boulevard. Funding is available from 334-4141-572-65.99 (General Construction Fund/S.E./N.E. 5th and 6th Avenues) after transfer from the Community Redevelopment Agency (CRA). Prior to the vote, Mr. Eliopoulos stated the fee seems appropriate for the amount of work that they are going to be doing and there is an earmark for $1.4 million and inquired as to what this amount actually gets applied to. He expressed concern over what the total cost will be once we get the design and do the study. Mr. Hasko stated the $1.4 million will be available July 2008 and staff has requested that it be set aside for two consecutive years because staff was negotiating its preliminary proposal with the Florida Department of Transportation (FOOT). There is no specific expiration, however, FOOT exhibited some reluctance but they did go ahead and postpone it for one more year. Mr. Eliopoulos inquired about how much funding the Community Redevelopment Agency (CRA) and if the ruling stands how might this affect the City of Delray Beach with funding from the CRA. The City Manager stated he believes the project in the CIP is approximately $3.4 million which would be approximately $2 million from the CRA. If the CRA cannot finance that $2 million he is not sure if there is a match requirement in the earmark and whether you can take the $1.4 million and do what you could within those eight blocks. The City Manager inquired about who would be paying for the physical work of the temporary narrowing once staff gets the design. Mr. Hasko stated the CRA will be covering the cost. Mrs. Montague moved to approve Item 9.A.A.A. (formerly Item 8.D.), seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. 9.A.A.A.A. REQUEST FOR SIDEWALK DEFERRAL/1108 COCONUT ROW: Approve a request to defer the installation of a sidewalk in front of 1108 Coconut Row. At this point, Commissioner Eliopoulos declared a conflict of interest and stepped down from the dais. -25- 09/18/07 Mrs. Montague moved to approve Item 9.A.A.A.A. (formerly Item 8.E.), seconded by Mr. Fetzer. Upon mll call the Commission voted as follows: Mr. Fetzer - Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 3 to 0 vote. At this point, the time being 8:05 p.m., the Commission moved to Item 9.A. of the Regular Agenda. 9.A. RENEWAL/LIABILITY. WORKERS' COMPENSATION AND PRIMARY PROPERTY INSURANCE PROGRAMS: Consider renewal of the City's liability, workers' compensation and primary property insurance programs effective October 1, 2007. Frank Babin, Risk Manager for the City of Delray Beach, stated in June 2007 the City restructured the excess property pmgram through Arthur J. Gallagher & Co. at a significant savings to the City. Mr. Babin stated in October 2007 the rest of the major programs come up for renewal (i.e. primary pmperty, workers' compensation, and the primary liability insurance for the City). He stated four years ago Arthur J. Gallagher & Co. compiled a package policy that includes workers' compensation at a good rate. Lisa Rodriquez, Area Vice President with Arthur J. Gallagher & Co., stated one of things they did this renewal after having restructured the access property last June is that they were going to recommend ashort-term pmgram for the City of Delray Beach from October until June 2008 so that the City would have one common expiration date for the bulk of the program. Ms. Rodriquez stated having recommended that the one thing they wanted to pull out of that is that package policy Arthur J. Gallagher & Co. has for workers' compensation and the primary liability. The reason they would like to recommend an 18 month program instead of the 8 month program is because Arthur J. Gallagher & Co. has been able to negotiate an extremely competitive renewal program for the City at the October 2, 2007 renewal. The City is currently facing a number of workers' compensation presumption clause claims as well as the fact that the City experience modification factor for the current term has increased by 22 points over the last yeaz. She stated the loss history for workers' compensation has increased tremendously. Ms. Rodriguez stated despite that and the fact that the City's payroll as well as the number of employees has increased over the last yeaz they were able to secure a renewal pmgram for 18 months for the City with an 8% increase from last yeaz despite a 12% increase in payroll and number of employees which is a 4% rate reduction for the City. Ms. Rodriguez suggested that the City lock into the 18 month term because of the fact that there aze a number of claims out there that if they turn south over the next 12-18 months, this could significantly impact the City in both the amount of retention that the insurance market place would demand at the following renewal as well as in the ratings. Mr. Babin stated there was an error and the number of employees was reported incorrectly. He stated the number should not be 951 but should actually be approximately 860 total. Mr. Babin also noted a connection to an amount on page two of the Agenda memorandum and stated the amount of $400,000 should be 5500,000. -26- 09/18/07 Mr. Babin stated he is requesting City Commission renew the liability, workers' compensation, and primary property insurance programs of the City of Delray Beach as recommended by staff and in concurrence with Arthur J. Gallagher & Co. as listed in staff s memorandum. Mrs. Montague moved to approve to renew the liability, workers' compensation, and primary property insurance programs of the City of Delray Beach as recommended by staff and in concurrence with Arthur J. Gallagher & Co as listed in staff s memorandum, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - Yes. Said motion passed with a 4 to 0 vote. 9.B. WAIVER REQUEST/744 SEASAGE DRIVE: Consider a request for a sidewalk waiver associated with the demolition of an existing home and construction of a new single family residence located at 744 Seasage Drive, within the Beach Overlay District. (Quasi,Jr~dicial Hearing) Mayor Ellis read into the record the City of Delray Beach procedures for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2007-236 into the record. Mr. Dorling stated this is a private request from the home builder at 744 Seasage Drive to request a waiver to the sidewalk. He stated there are required findings that need to be made pursuant to LDR Section 2.4.7(Bx5) and those are contained in the staff report. Mr. Dorling stated staff finds that this waiver request does not meet those findings particularly Item (d) which infers that this would result in a special grant or privilege. Prior single family development proposals were granted sidewalk deferrals by the Development Services Management Group (DSMG), not sidewalk waivers. A deferral would require installation if and when sidewalks are ultimately installed. This is more equitable rather than requiring the tax payers to fund this future improvement. Staff recommends denial of the waiver request but an approval of a sidewalk deferral similar to the way these have been granted in the past. Ronald Rowe. Custom Home Builder for Dr. Bart Gatz (Anallcant). stated the home is stunning that will enhance the area and will look beautiful on the site. He stated the reason for the sidewalk deferral versus the waiver is because they feel it is in an area where there is an area where there is a sidewalk. Also, Mr. Rowe stated this is -27- 09/18/07 an awkward lot and noted that all the utilities in that area all run underground. He displayed photos to the Commission showing the gas that runs through and an overhead pole, Comcast cable in the area and every utility that goes through the City in its infrastructure on that lot where a sidewalk would be. He stated the cost would be catastrophic if that was also incurred for the homeowner to move. Mr. Rowe stated with the cost of property taxes there is not a person in this room that should inherit putting that sidewalk in place. He stated the Gatz's will incur enough expenses over the years and he does not feel they should be obligated for the sidewalk and thus the reason for the request for the waiver. There was no cross-examination. Mr. Eliopoulos asked who is responsible for the cost of the sidewalk and if there was something that was a City utility would they have to incur the cost to move it. The City Manager stated he cannot conceive any situation where the City would have to move anything. He stated typically sidewalks go in the right-of--way over underground electric, water lines, etc. The City Manager stated if you have to dig them up you teaz the sidewalk up and dig it up and re-pour the sidewalk. He stated the sidewalk is not that expensive. The following individuals gave a brief rebuttal: Mr. Dorling stated the applicant has said on the record that we should defer this improvement and that we concur. He stated this should be deferred and the question is whether the applicant and the owner of this property should pay for the sidewalk in front of his property or it should be waived and the taxpayers should pick up the expense. Mr. Dorling urged the Commission to be consistent and approve a deferral at this time. Mr. Rowe stated he does not feel this owner right now should bare the cost of the sidewalk. He stated he understands you have to look out for the good of the City and he believes sidewalks will one day look good there. Mr. Rowe stated when the sidewalk does come into play one day everyone will have to deal with it. Mayor Ellis stated that anyone on the street that is involved in the same situation is going to come across the same thing. Mr. Dorling stated that Mayor Ellis is correct. Mrs. Montague stated they aze talking about Intracoastal properties which have been redeveloped over a period of years and asked if we have had other projects or renovations or new construction that have come before us and if so how was this handled. In response, Mr. Dorling stated the City has approved deferrals in those cases. Mrs. Montague asked if the City has ever approved a waiver along this street. Mr. Dorling stated he is not aware of any and the City's policy has been to entertain deferrals not waivers. -28- 09/18/07 The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mrs. Montague moved to adopt the Board Order (denying the waiver request), seconded by Mr. Eliopoulos. Upon mll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion denying the waiver passed with a 4 to 0 vote. Mr. Eliopoulos moved to approve the Sidewalk Deferral Agreement, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis - Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. 9.C. WAIVER REOUEST/MAROONE CHRYSLER JEEP DODGE DEALERSHIP: Consider a request for waiver to allow the installation of a 1,400 square foot temporary office trailer for the Maroone, Chrysler, Jeep, Dodge automotive dealership as a temporary sales office for the employees and a customer waiting area to be utilized during the construction of the new showroom/office building. (Quasi-Judicial Hearing) Chevelle D. Nubia, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte commutications. The Commission had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning Department, entered the Planning and Zoning Department project file #2007-334 into the record. Mr. Dorling stated the request is to allow the installation of a 1,400 square foot temporary office trailer for the Maroone, Chrysler, Jeep, Dodge automotive dealership on Linton Boulevard east of I-95. He stated this will serve as a temporary sales office for the employees and a customer waiting area to be utilized during the construction of the new showroom/office building. Since permits for temporary office trailers are not included within the list of allowable temporary uses a waiver to LDR Section 2.4.6(F) is now before the Commission. Mr. Dorling stated staff is asking for approval subject to the following conditions: (1) That the temporary use permit shall not be effective until the issuance of a permit for the permanent improvements (i.e. construction of the showroom), (2) That the temporary use permit be valid for no more than two years from the date of issuance, (3) That the temporary office trailer be removed from the property and the area restored to a parking area pursuant to the site plan of record concurrent with the issuance of a Certificate of Occupancy for the showroom/offices. -29- 09/18/07 Michael Weiner. Attorney with Weiner & Aronson. P.A.. 102 North Swinton Avenue. Delray Beach (representing the Aoolicant). stated the architect and the general contractor are present this evening. He stated they have met the burden of proof with respect to the four findings listed in the staff report and agree with the conditions. Mayor Ellis stated if anyone fi+om the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Fetzer moved to approve the Board Order (approving the waiver subject to the conditions), seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. 9.D. FINAL SUBDIVISION PLAT/HIBISCUS LAKE ESTATES: Approve the subdivision plat for the Hibiscus Lake Estates and associated waivers to Land Development Regulations (LDR) Section 6.1.3(8)(2) "Sidewalk", and Section 6.1.2(C) "Pavement Width", fora 4-lot single family subdivision located south of Hibiscus Lane, east of Lake Ida. (Qaas~-Jadicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. At this point, Mr. Eliopoulos disclosed that he heard this at a Lake Ida Design Guideline Meeting and it was explained that they were going to be doing the development. At this point, the City Clerk swore in Paul Dorling, Director of Planning and Zoning. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2006-339 into the record. Paul Dorling, Director of Planning and Zoning, stated this is a 1.80 acre property and is one existing lot which is to be subdivided to create 4 single family lots. At its meeting of April 16, 2007, the Planning and Zoning Board reviewed the initial proposal and recommended it be rescheduled for a subsequent meeting of the Board. Also at this meeting, direction was given to the applicant via the Planning and Zoning Board members to address two primary concerns. First, that a major redesign of the project be considered; specifically the incorporation of an appropriate turn around feature -30- 09/18/07 such as a cul-de-sac. Second, that a meeting between the applicant and the neighbors take place to address the details of the project proposal and its impact on the neighborhood. The applicant has subsequently met both conditions. Mr. Dorling stated the plat has two waivers associated with it. One to the requirement that you have sidewalks on both sides of the street and the other waiver was to the width of the street (24 foot minimum). The applicant wanted 20 feet in this subdivision and there was another condition that Hibiscus Lane which is an average of 17 '/2 feet also be expanded to 20 feet. At its meeting of June 18, 2007, the Planning and Zoning Board did support the waiver but supported the waiver for both sides of the street within the subdivision and requested that the applicant not be required to provide the sidewalk on one side of Hibiscus Lane. The Board supported the 20 foot internal to the subdivision but they did not support the 20 feet for Hibiscus Lane. Staff supports the original recommendation which would require the sidewalks on one side within the subdivision on the South side of Hibiscus Lane and supports the 20 feet internal to the subdivision and the requirement to widen Hibiscus Lane to a minimum of 20 feet. Michael Weiner. Attorney with Weiner & Aronson. P.A.. 102 North Swinton Avenue. Delray Beach (re[-resenting the Anulicant). stated the Commission has voted for sidewalk waivers not just deferrals and entered into the record a copy of the December 12, 2006 City Commission minutes which show an approval with a 5 to 0 vote for 510 Seagate Drive. He complimented staff and noted that the better design is the cul- de-sac and this is why they went with a cul-de-sac not a hammerhead road layout. They had to have a re-design and they had to talk with the neighbors (present this evening). Mr. Weiner stated Hibiscus Lane is a private street that is going to lead to a cul-de-sac and is one of those unique areas in Delray Beach. He distributed photographs of Hibiscus Lane. Mr. Weiner stated the City Commission also approved a waiver for Tropic Cay Townhouses at their July 25, 2006 meeting and noted this has been done for others and is not a special privilege. Mr. Weiner stated that there are no sidewalks on one side or the other and no sidewalks on Hibiscus Lane. With respect to the conditions, Mr. Weiner stated there should not be a condition for increasing the size for improving the road of Hibiscus Lane but only a condition that there be traffic calming and that there be no sidewalks neither on one side or the other (all they would be doing is crossing over); and that there be no sidewalks on Hibiscus Lane. He stated that is a waiver for which they have met the burden of proof and which they should be allowed to have. Mr. Weiner stated the Planning and Zoning Board voted in favor of what they aze proposing tonight after they heard what the Commission will hear from the public. The following individuals from the public spoke: Paul Schmitt. 945 Hibiscus Lane. Delray Beach (also sneaking for his nei hbor stated they do not agree with the traffic calming on Hibiscus Lane because this is a private road and if someone is not driving properly they will go out and tell them -31- 09/18/07 to slow down. He stated there is no reason to widen the sidewalk and everyone can take care of it with the increased traffic. Peter Goodridge.107S Hibiscus Lane. Delray Beach. stated Mr. Weiner did a good job explaining the reasons why all the residents do not want a sidewalk and do not want to widen the street. He stated initially when they found out that Mr. Colson (Signature Builders Group, Inc.) wanted to develop that property no one on the street wanted this. Therefore, they initially approached this from the standpoint that they were going to oppose the re-platting of that property and retained counsel and sought his advice. They were informed that they did not have a case but they had a case because the street did not have to be touched and Mr. Weiner has stated all those reasons. Mr. Goodridge stated they had meetings with the Planning and Zoning Board and had several individual meetings with the Planning and Zoning Board again and unanimously approved no sidewalks and no widening of the street. Mr. Goodridge stated the public who spoke assumed since the Planning and Zoning Board approved this unanimously that it was a done deal. Mr. Goodridge suggested saving people a lot of time, money, and effort and instead of things going before the Planning and Zoning Boazd let staff unilaterally make the decisions on what is going to go on. He does not understand why staff did not concur with the Planning and Zoning Board's recommendations if it was unammous. Rob Toth. 1010 Hibiscus Lane. Delray Beach. concurred with comments expressed by Mr. Schmitt and Mr. Goodridge. He stated he would like everyone to understand the compromise, time, and effort that everyone went through to get to this stage. He stated there is a median and there is a split road. Mr. Toth stated he finds this perplexing that there is even discussion regarding the sidewalk when the Planning and Zoning Board made the recommendation to not have the sidewalk and they would not even be connected. There was no cross-examination. Richard Hasko, Director of Environmental Services, stated he does not recall conversations about waivers but if the City has approved waivers in recent history they aze few and faz between and there must have been special circumstances. Mr. Hasko stated staff does not normally do waivers for the reason that the City retains the ability to have the homeowner build the sidewalk in front of his home when it is required rather than the taxpayers of the City that may or may not be getting a benefit from it. Mr. Hasko stated generally staff looks at what is happening in the rest of the neighborhood and there are many neighborhoods in the City where they will recommend deferrals because there are no sidewalks and no pedestrian circulation and that is not the case here. He stated there aze sidewalks on 11 `~ that go down to the park and on 6`h (on the east side) about a third or halfway down there is an existing sidewalk. Mr. Hasko stated in terms of the road width the reason that this 17 foot roadway has been satisfactory for well over 40 years is because it essentially has not been a road but has been a driveway. He stated as the neighbors have testified there has been one single family home there for years and this piece has functioned as a driveway to one persons home. -32- 09/18/0? Mr. Weiner gave the following brief rebuttal: Mr. Weiner made reference to a letter dated Apri130, 2007 signed by the Assistant Fire Chief stating that radiuses and the road is designed safe. Mr. Weiner stated as of September 12, 2007 the Environmental Services Department signed off on the engineering with respect to this plat and that included the engineering with respect to it having a 17 foot private road entrance and no sidewalk. Therefore, Mr. Weiner stated the plat had to be reviewed by the Police Chief and the Fire-Rescue Department before the signature on September 12~' so these issues have akeady been addressed by the City's vazious departments and have come to the conclusion that this meets the engineering standazds with respect to this plat. Mr. Weiner stated they have more than met the burden of proof and as faz as it being a subdivision there is no difficulty because the trips generated by three houses aze just not sufficient and it is demonstrated because there are approvals with respect to these plans after it passed through vazious depaztments. Mr. Eliopoulos made reference to the letter and it appears that it is tallcing about Phil's Road and not necessarily Hibiscus Lane. Mr. Weiner stated there were long discussions at the Planning and Zoning Meeting that for one reason or another that they in fact could make it through on 17 feet even with three additional houses under the circumstances and it moved forward. Mr. Weiner stated it was examined in that it is a condition of approval in the staff report and has been debated at the Planning and Zoning Board Meeting and everyone came to the same conclusion. Mr. Eliopoulos stated from his dealings with the Lake Ida Homeowners' Association they have strongly written with regards to the Board of the Association stating that they do not want sidewalks (not with this particular project but in Lake Ida in general that they do not want sidewalks). Mrs. Montague asked regarding the reduction from 24 feet to 20 feet what staff is referring to for the internal roadway and asked if staff is referring to the cul-de-sac itself. In response, Mr. Dorling stated staff is referring to the road internal to the subdivision. Mrs. Montague stated so the cul-de-sac design is being reduced from 24 to 20 feet but we are increasing the access road from 17 to 20 feet. Mr. Dorling stated that this is staff s recommendation. Mrs. Montague asked if staff is including the sidewalk within the cul-de-sac itself. Mr. Dorling stated this is staffs recommendation. Mrs. Montague asked Mr. Weiner if he is asking for a waiver of the sidewalk. Mr. Weiner stated this is correct based on the four conditions which have been met. Mrs. Montague inquired about the traffic calming and asked what they are referring to. Mr. Weiner stated there was some concern about safety and they wanted to go the extra step. He asked if the neighbors on Hibiscus Lane could let them work something out and noted there are certain things such as width of pavers that no one would really see but the changes in pavement help people slow down and possibly doing some plantings would also help to slow down the traffic. Mrs. Montague stated safety issues for fire and police and asked what exactly the letter is referring to. Mr. Weiner -33- 09/18/07 stated they disagree and stated the road has been there for 40 years and they have looked at how they get in and then they have looked at the 20 foot pavement that they are going to be adding. Mrs. Montague asked what Mr. Dorling's interpretation is of the letter. Mr. Dorling stated this letter is in reference to the cul-de-sac and the maneuverability on site. Mr. Eliopoulos asked what it means to defer a sidewalk. Mr. Dorling stated the applicant's original engineering plan shows a sidewalk on one side and we would be supporting a waiver of a sidewalk on the opposite side but we would be asking for the sidewalk to go in at this time. Mr. Dorling stated a deferral is not appropriate when there is new development. The City Manager stated in the instance of a deferral that means if and when the City wants to build a sidewalk there whoever owns the lot at that time would have to pay the cost of putting the sidewalk in. Mrs. Montague stated she would support certain aspects of this with three conditions: (1) 20 feet across the board as opposed to 17 feet, (2) support Commissioner Eliopoulos' recommendation of deferral of the sidewalks, (3) some kind of traffic calming device (i.e. pavers) per Mr. Weiner's suggestion. The City Attorney stated the waiver request is what the City Commission is acting on. The waiver requested would be to reduce the pavement from 24 feet to 20 feet except to keep the part that is from "6"'" to the beginning of this development on Hibiscus Lane 17.5 feet. Furthermore, the City Attorney stated in addition they want to put some "traffic calming" scenarios subject to staff approval of whatever those would be. Philip Colson. Si~anature Builders Group. LLC. stated the original drawings that Mr. Dorling used show the road and sidewalks going in are what they actually went to the Planning and Zoning Board with (the 20 foot road with the sidewalk). Mr. Colson stated the Board voted against it and he resubmitted so there was a page removed in the drawings that are now approved showing the road outside the development because it came off the list according to the Planning and Zoning Board. He stated they only went back with what they asked for and what the Commission has seen signed and sealed has been reviewed by the Fire-Rescue Department. The Fire- Rescue Department has asked him to change the water main from 4 inch to 8 inch but there was no comment from the Fire-Rescue Department about the road access. Mr. Colson stated the Fire-Rescue Department is happy that they have a cul-de-sac that they can turn around in because currently they have to back in and back out. Mr. Colson stated the drawings have been updated to show the new 8 inch water main coming through. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). -34- 09/18/07 The City Attorney stated the Commission approved the plat subject to the waivers and conditions set forth in the Board Order. Mr. Eliopoulos moved to approve the plat subject to the waivers and conditions set forth in the Board Order, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis - Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 9.E. AMENDMENT NO. 1/IN-LIEU OF PARKING FEE AGREEMENT/CITY WALK: Consider approval of an addendum to the In-Lieu Parking Fee Agreement between the City and City Walk at Pineapple Grove to reduce the number of in-lieu spaces to four (4) spaces instead of six (6) spaces. City Walk is located at 200 N.E. 2°d Avenue (Pineapple Grove Way). At this point, Commissioner Eliopoulos declared a conflict and stepped down from the dais. Scott Aronson, Parking Management Specialist, stated this item is an amendment to an In-Lieu Parking Fee Agreement with City Walk at Pineapple Grove. In December 2005 City Walk was approved for six (6) lieu parking spaces at $6,000.00 per space for a total of $36,000.04. The in-lieu request was to accommodate a conversion of 1,813 square ft. of retail of restaurant and an addition of 300 square feet of outdoor dining area. In that same year in December Ordinance No. S1-OS was codified to include outdoor dining on private property within the sidewalk cafes. Mr. Aronson stated when the approval for City Walk came through the outdoor dining component should have been excluded from in-lieu requirements and been a part of the sidewalk cafb ordinance. The applicant has already paid the first portion of the agreement which is $18,000.00 upon signing the agreement in 2005 and those agreements require two 25% payments on the 2"d and 3'~ anniversary. Mr. Aronson stated that Code Enforcement recently cited them for not having their appropriate sidewalk cafe permit and it came to light the date and scheduling of what happened and what should have been the exclusion of the sidewalk cafe. He stated the 300 square feet at the six spaces at 1,000 square feet for restaurants equates to two spaces and therefore staff is modifying the agreement with City Walk and noted that the two space reduction would be for $12,000.00. They currently have two (2) payments of $9,000.00 each and that would reduce by $6,000.00 and the modification to the agreement would require two subsequent payments of $3,000.00 each and the applicant has been advised to contact the Occupational License division to get their sidewalk caf6 permit. Mrs. Montague moved to approve Amendment No. 1/In-lieu of Parking Fee Agreement between the City of Delray Beach and City Walk at Pineapple Grove, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes. Said motion passed with a 3 to 0 vote. - 35 - 09/18/07 9.F. REQUEST TO ADVANCE COUNTY FUNDING/ROOTS CULTURAL FESTIVAL. INC.: Consider approval of an agreement between the City and Palm Beach County to provide advance funding in the amount of $10,000, for Roots Cultural Festival, Inc. which will be reimbursed to the City through Palm Beach County grants. Robert A. Barcinski, Assistant City Manager, stated this is a request to provide advance funding in the amount of a $10,000.00 Palm Beach County grant for the 2007 Roots Cultural Festival to be paid back to the City of Delray Beach once the County funding is received and approval of the Agreement for Advance Funding for Palm Beach County Grants. Staff recommends approval of the advance funding for the County Grant Agreement to provide the $10,000.00 advance with the sign off of the City's internal grant agreement. Mr. Fetzer moved to approve to advance Palm Beach County funding in the amount of $10,000 for the Roots Cultural Festival, Inc., seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. 9~('. AGREEMENTS/COMMUNITY CHILD CARE CENTER/CHILDREN'S CASE MANAGEMENT ORGANIZATION: Consider approval of the agreements between the City of Delray Beach and the Community Child Care Center (CCCC) and the Children's Case Management Organization (CCMO) as the non-profit providers of services at the Village Academy Beacon Center for FY 2007/2008, pursuant to the City's contract with the Children's Services Council of Palm Beach County (CSC). Lula Butler, Director of Community Improvement, stated this item is an agreement between the City of Delray Beach and the Achievement Centers for Children and Families and Families First of Palm Beach County, as the non-profit partners responsible for carrying out the services under the City's contract with the Children's Services Council of Palm Beach County, Inc. at the Village Academy Beacon Center. Staff recommends approval. Mrs. Montague moved to approve the Agreements between the City of Delray Beach and the two non-profit partners responsible for carrying out the approved services and program provided through the Beacon Center at Village Academy for fiscal yeaz 2007/2008, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis - Yes. Said motion passed with a 4 to 0 vote. 9.H. PARKING LICENSE AGREEMENT/BOCA PARKING SYSTEMS: Consider approval of a parking license agreement with Boca Parking Systems for the utilization of 40 parking spaces in the Federspiel Gazage seven (7) days per week between the hours of 6:00 p.m. and 2:00 a.m. at a rate of $40.00 per space, per month. -36- 09/18/07 Scott Aronson, Parking Management Specialist, staled this item is to approve a Pazking License Agreement with Boca Parking Systems for the utilization of 40 parking spaces in the Federspiel Garage. Boca Parking Systems has been operating the valet queue leased to 32 East since 2001 and has been cooperative and attentive to the City's needs and requests. Mr. Aronson stated Boca Parking Systems also runs a valet service for 110 East Atlantic building which has by contract spaces in that parking garage on a full-time and part-time basis. Boca Parking Systems formerly had a parking lot behind the 110 East Atlantic building that they use which was a capacity of 50 spaces with the Worthing Place contract and with the construction Boca Pazking Systems will shortly find themselves without any parking spaces. Knowing the cost associated with operating parking garages, the City of Delray Beach was looking for a way to fund those garages and how the gazages could be self sufficient especially during the City's current economic state. Mr. Aronson stated he has negotiated with both the parking systems to lease those 40 parking spaces at $40.00 per month within the garage. He stated the 40 pazking spaces they will be leasing are the part-time spaces that are contracted to the 110 East Atlantic building from 8:00 a.m. - 6:00 p.m. Monday through Friday and 8:00 a.m. to noon on weekends. Boca Pazking Systems would then have the right to those spaces from 6:00 p.m. unti12:00 a.m. when the garage closes seven days a week. Mr. Aronson stated this item has not been presented to any Boards and staff recommends approval of the Parking License Agreement. Mrs. Montague stated she would like to make sure that this agreement is reviewed after a twelve (12) month period internally to make sure that the City is chazging the correct amount when it comes time for renewal of the contract to make sure that we aze supplying the required number of spaces. The City Attorney stated this does require the one-year term; however, it can be renewed by the City Manager. Mrs. Montague moved to appmve the Parking License Agreement between the City of Dekay Beach and Boca Parking Systems to lease 40 parking spaces in the Federspiel Garage at a rate of $40.00 per month, per space, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 9.I. CITY ATTURNEY EVALUATION. Mrs. Montague stated she couldn't be more pleased with the level of service that the City Attorney has not only given the Commission but the community. Mrs. Montague stated the staff of 800 employees look up to the City Attorney as well as the community at lazge. Mrs. Montague stated the City of Delray Beach is lucky to have the City Attorney and her staff -37- 09/18/07 Mayor Ellis stated she is pleased that the City Attorney has saved the City a lot of money on the insurance with regard to the lawsuits. Mayor Ellis stated she too is very pleased with the City Attorney's performance and her staff. Mr. Eliopoulos stated he has enjoyed working with the City Attorney and her staff. He stated it is easy to look at her staff because it is a smaller group to see how well they perform and commented that they have always been eager to please and get the job done and is a reflection on how the office is being run. Mr. Fetzer stated he too met with the City Attorney and noted he appreciated the way she keeps the Commission informed. She contacts the Commission frequently with regard to questions they have and provides them with monthly reports. Mr. Fetzer stated the staff reflects the City Attorney's leadership. Mrs. Montague moved to approve a 3% salary increase, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 9_J. CITY MANAGER EVALUATION. Mrs. Montague stated she has had numerous meetings with the City Manager and noted that this budget yeaz has been one of the most challenging in his 17 yeaz career in Delray Beach. She stated the City Manager has met her expectations and requests. Mrs. Montague stated she has asked the City Manager to really bend backwazds on a number of issues and he has addressed them quickly and responded accordingly. Mrs. Montague stated she has discussed the communication issues which the City Manager has acknowledged and continues to work on and discussed how he can continue to improve as well as some of the personal goals. Mayor Ellis stated on several occasions the City Manager became very creative in order to find some additional revenues. Mr. Eliopoulos stated he met with the City Manager and although he acknowledged that communication is a problem they actually had open communication. Mr. Eliopoulos stated he feels good about it and has not had any problems with it. Mr. Eliopoulos stated there might be the appearance of a target set upon the City Manager's shoulders when it is not uncommon for Mayor Ellis to say "Mr. Harden do you have a direction?" and the City Manager will say "yes". Mr. Eliopoulos stated Mr. Harden goes to work on it and come to find out the Commission does not agree with it. Mr. Eliopoulos suggested that from now on after the Commission makes the comment that the City Manager responds "Yes, this is how I am proceeding" to ensure that everyone is on the same page. Mr. Eliopoulos stated he agrees that what the state has done in a sense is not what the state needs but this also gives the Commission the opportunity to look at things. Mr. Eliopoulos stated he mentioned eazlier in the meeting about the park and the change orders and accountability and asked staff to provide the City Manager with that -38- 09/18/07 information. Mr. Eliopoulos stated we are going to have to get more creative and encouraged the City Manager to work with staff to make sure employees are on top of their game because it is going to get even tougher next yeaz. Mr. Eliopoulos stated the City Manager has some strong personal beliefs and sometimes it cazries over and although he has the City in his best interest he needs to look at those things and sometimes he has to pull back. Mr. Eliopoulos stated for the most part it has been good communication. Mr. Eliopoulos stated as he discussed with the City Attorney and the City Manager he feels it is inappropriate to be doing raises at this time. Mr. Fetzer stated he met with the City Manager earlier this week and had a very frank and open discussion. Mr. Fetzer stated he has publicly expressed a lot of concerns about the communication levels between the City Manager and the City Commission. Mr. Fetzer stated the City Manager has a lot of great strengths those being knowledge and experience in municipal government, the advantage of having the tenure here in Delray Beach and he knows the city and the issues. Mr. Fetzer stated he noted there was some improvement in what he perceived as faz as the Goal Setting Sessions. Mr. Fetzer stated he has not seen improvement with the commutication problem and feels this needs to be addressed this coming year. Mr. Fetzer stated Mr. Eliopoulos suggested that perhaps the Commission is not always as clear as they should be at times and whenever the City Manager feels he has the consensus from the Commission on issues this needs to be reinforced. Mr. Fetzer stated he would like to have the staffing levels looked at because he feels this is a legitimate concern that the City has to face up to with the level of salaries and benefits and wages that make up the major part of the budget. Mr. Fetzer stated he received no feedback from the City Manager with regard to this issue and is another example that he feels is not good communication between the City Manager and the City Commission. Mrs. Montague stated the City Manager has responded to her very well when meeting with her one-on-one. However, she suggested the City Manager communicate with the Commission individually and once he hears five opinions this should give him a good picture of what the City Commission wants and present it to the Commission in making sure that the recommendation is understood by the entire Commission especially when specific issues come up. Mrs. Montague urged the City Manager to contact each Commissioner and make sure he is communicating with each Commissioner on very specific issues that he knows they will be voting on because they need to be on the same page about or at least have a common understanding on. Mrs. Montague moved to approve a 3% salary increase for the City Manager, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos - No; Mr. Fetzer - No; Mrs. Montague -Yes. Said motion was a 2/2 vote and therefore no action was taken. Mrs. Montague moved to approve a 2% salary increase for the City Manager, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos - No; Mr. Fetzer - No; Mrs. Montague -Yes. Said motion was a 2/2 vote and therefore no action was taken. -39- 09/18/07 At this point, the Commission moved to Item 13, Comments and Inquiries on Noe-Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City ManaEer The City Manager stated he appreciates the comments of the Commission regarding his annual performance evaluation. He stated the City faces another 2-3 years of very challenging outside financial pressures. The City Manager stated at this point the City of Delray Beach has eliminated three positions and as they come up he is sure the City will continue to do that because that is where the bulk of the City's cost is (personnel salary and benefits). Secondly, the City Manager reported from the League of Cities that Marty Malar from South Palm Beach was appointed to represent the League on the Criminal Justice Commission; Jamie Titcomb's contract as Executive Director of the League was renewed. The City Manager stated the League is putting together a Student Delegation from Palm Beach County to attend the National League of Cities Conference in New Orleans. The League of Cities will pay the registration fee and Mrs. Butler is working with Matthew Carbone at the Teen Center to see if a few people from Delray Beach can be part of that. The City Manager stated the Palm Beach Board of County Commissioners approved putting the LUVPAC (Let Us Vote Political Action Committee) issue on the ballot in November of 2008. He stated that Home Rule Amendment to the County Charter will be on the ballot. ~B_ City Attorney The City Attorney thanked the Commission for the nice comments about her staff and stated she appreciates the comments. Secondly, she stated her granddaughter became the Vice President of her 5~' grade class for Student Council. 13.C. City Commission 1 .C.1. Mr. Fetzer Mr. Fetzer had no comments or inquiries on non-agenda items. 13.C.2. Mr. Elioooulos -40- 09/18/07 Mr. Eliopoulos commented about the emails regarding dogs on the beach. He stated he does not support dogs on the beach. Secondly, he stated at the League of Cities they talked about the bottle bill. He stated what came out of the meeting is that you might think everything is getting recycled when in fact it is not and is going to the dump. Mr. Eliopoulos suggested having a Workshop meeting to find out what they are really doing, the pro and cons, and what the City is paying for. 13.C.3. Mrs. Montague Mrs. Montague had no comments or inquiries on non-agenda items. 13.C.4. Mayor Ellis Mayor Ellis stated she attended the International Downtown Association and there were 1,500 people in attendance all interested in downtown development. She stated one session she was in was on Green Building sessions and one pazking session which enlightened her about how to get people to park in a garage and not on the street. She stated there was a session where the City of Dallas and some universities and PR firms had surveyed thousands of people to determine what the trends that aze approaching around the world. Mayor Ellis stated there aze ten trends and she will get this information to the Commission. For example, Mayor Ellis stated in Shanghai in the last twelve months they built office space equal to the entire office space in the City of New York. Mayor Ellis stated Diana Colonna, Marjorie Ferrer, and she gave a presentation on the Downtown Marketing Cooperative and it was well received. There being no further business, Mayor Ellis declazed the meeting adjourned at 10:22 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regulaz City Commission Meeting held on September 18, 2007, which Minutes were formally approved and adopted by the City Commission on -41- 09/18/07 City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. -42- 09/18/07 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME--FIRST NAME-MIDDLE NAME P NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Delra Beach Cit Commission MAILING ADDRESS 205 George Bush Boulevard THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMnTEE ON WHICHISERVEISAUNITOF: CITY COUNTY CnY ^ COUNTY O OTHER LOCAL AGENCY Delray Beach, Florida 33444 Palm Beach NAME OFPOUncALSUBO1ws1oN: GATE ON WHICH VOTE OCCURRED September 18 , 2 Ol7 7 MY POSITION IS: !~ ELECTIVE O APPOINTIVE WHO MUST FILE FORM 86 This form is for use by any person serving at the county, city, or other local level of govemment on an appointed or elected board, counal, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay Gose attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a govemment agency) by whom he or she is retained (inGuding the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" inGudes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disGose the conflict: PRIOR TO THE VOTE BEING TAKEN by publiGy stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disGose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side} CE FORM 86 - EFF. 112000 ~ ' ~ _ ~~J ~ . ~ ' ~ •~ • ~ PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the fonn is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disGose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publiGy at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Gary P.Eliopoulos ,herebydisGosethaton September 18, 20 07 (a) A measure came or will come before my agency which (check one) _ inured to my speaal private gain or loss; inured to the special gain or loss of my business associate, Kupi & Eliopoulos Architects, P. A. ; _ inured to the special gain or loss of my relative, _ inured to the special gain or loss of , by whom I am retained; or _ inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: September 18, 2007 Date Filed which Signa e NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 1!2000 PAGE 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR 744 SEASAGE DRIVE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This waiver request has come before the City Commission on September 18, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for 744 Seasage Drive. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 6.1.3(8)(1) a 5' sidewalk is required. The applicant is seeking relief from that requirement via this waiver request. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the- grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Would the waiver of Section 6.1.3(8)(1) comply with the requirements of 2.4.7(8)(5)? Yes 0 No 4 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained 1 hem ~. ~ in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies X the waiver requests to LDR Section 6.1.3(8)(1). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 18th day of September, 2007, by a vote of 4 in favor and 0 opposed. ATTEST: Chevelle Nubin, City Clerk R a Ellis, Mayor 2 Prepazed By: RETURN TO: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 AGREEMENT FOR DEFERRAL OF SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this day of , 200_, between the City of Delray Beach (hereinafter the City) and Bart Gatz (hereinafter the Owners), for the purpose of deferring the requirement of the installation of a sidewalk along 744 Seasage Drive until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a sidewalk, within the Seasage Drive right-of--way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a deferral from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1}(b) which was denied; and, WHEREAS, in order to provide conformity along the street the City Commission, however, voted to defer the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. WITNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to defer the requirement for the installation of a sidewalk, at this time, for the property located at: 744 Seasa~e Drive which is legally described as Lot 15, Block 16 SEAGATE SECTION B, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 21 Page 56, and that part of Lot 16 of said Block 16 described as follows: For a point of be 'nnin~ commence at the Northwest corner of said Lot 16 thence run in a Southerly direction, along the West boundary line of said Lot 16 a distance of 30 feet; thence run in an Easterly direction along a straight line to the Northeast corner of said Lot 16; thence run in a Northwesterly direction 178 87 feet, more or less, along the Northerly boundary line of said Lot 16 to the Point of Be ig•nnin~ 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the Seasage Drive right-of--way abutting the subject property, within a reasonable a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties' legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of , 200_. ATTEST: Ciry Clerk Approved as to form and sufficiency: City Attorney CITY OF DELRAY BEACH, FLORIDA By: Mayor 2 WITNESSES: (Please type or print name) (Please type or print name) STATE OF COUNTY OF OWNER: By: (Please type or print name) The foregoing instrument was acknowledged before me this day of 200_, by (name of person acknowledging). Signature of Notary Public -State of Florida Print, Type, or Stamp Commissioned Name of Notary Public Personally Known OR Produced Identification Type of Identification Produced: 3 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR MAROONE CHRYSLER JEEP DODGE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This waiver request has come before the City Commission on September 18, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for Maroone Chrysler Jeep Dodge. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 2.4.6(F) a temporary office trailer is not included within the list of allowable temporary uses. The applicant is seeking a waiver to allow the placement of a temporary office trailer. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Would a waiver to Section 2.4.6(F) comply with the requirements of 2.4.7(6)(5) subject to conditions in Staff Report? Yes 4 No 0 Conditions: 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was 1 i key„ q. C submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves X denies the waiver requests to LDR Section 2.4.6(F) subject to the following conditions: 1. That the Temporary Use Permit shall not be effective until the issuance of a permit for the permanent improvements (i.e. construction of the showroom). 2. That the Temporary Use Permit be valid for no more than two years from the date of issuance. 3. That the temporary office trailer be removed from the property and the area restored to a parking area pursuant to the site plan of record concurrent with the issuance of a Certificate of Occupancy for the showroom/offices. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 18"' day of September, 2007, by a vote of 4 in favor and 0 opposed. ATTEST: ita Ellis, Mayor Chevelle Nubin, City Clerk 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA PLAT APPROVAL AND WAIVER REQUESTS FOR HIBISCUS LAKE ESTATES ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The Plat approval request and waiver requests have come before the City Commission on September 18, 2007. The Plat is depicted in Exhibit "A". 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to these requests for Hibiscus Lake Estates development. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 6.1.2(C) a pavement width of 24' is required. The applicant is seeking a waiver to allow for a pavement width of 20'. Pursuant to LDR Section 6.1.3(8)(2) sidewalks are required on both sides of the road. The applicant is seeking relief from that requirement via this waiver request. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Would the waiver of Section 6.1.2(C), reducing pavement width from 24' to 20' for the internal roadway, comply with the requirements of 2.4.7(6)(5) subject to conditions below? Yes X No Should, as a condition of the waiver, Hibiscus Lane from the plat east to N.W. 6th Avenue be kept at a width of 17.5? Yes No X Z~~, q..~ Should, as a condition of approval, Hibiscus lane from the plat east to N.W. 6th avenue be a width of 20 feet? Yes X No Would the waiver of Section 6.1.3(8)(2) comply with the requirements of 2.4.7(8)(5)? Yes No X (*note: the City Commission did instead approve a sidewalk deferral agreement ) 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves X denies the waiver request to LDR Section 6.1.2(C) from 24 to 20 feet and conditions its approval as set forth herein. 6. Based on the entire record before it, the City Commission denies the waiver request to LDR Section 6.1.3(B)(2), but grants a sidewalk deferral as set forth in Exhibit "B" for sidewalks inside the plat and denies the condition as to the need for a sidewalk outside the plat. 7. Based on the entire record before it, the City Commission approves the plat. 2 8. Based on the entire record before it, the City Commission hereby adopts this Order this 18'h day of September, 2007, by a vote of 4 in favor and 0 opposed. ATTEST: ~. ``V i Chevelle Nubin, City Clerk Rit Ellis, Mayor 3 a N U Z 0 E _z o w d Y K W O LL Z S V Z < < W ~ J m yg - c~ w J 2 O ~~ . m W - -• = O m [.1 ~ O W o Id= m 6 O d 1 = W __ _J _ " z mr _ Y < ~ag~=a~ r w FF 2_=.~r Za ~ ~: ~~- y O d' C Z ~'~ st xmxxrU LL V < . O N w r O 2 U w 2< W r __ 3Ar wY U[ . O-JO £ s w O L 0 0 ' aF r: <OWwU e:zrxw f n< z r m o ^ =~^Z• J J LL r 0 r O C O 0 U x „1- 3~a~~ a ~ E = s 2 - w O: W ~= > O C U O D m LL <<< Jm ~ yS~^ LLD' H <F 2 1 g~ $Zi Uw Orw emu.. S W xw oix - x~ ¢rv opzr 1V l[ .[[•[[[ LL Z ¢ - Z ~ 1[.m [ ~ r Z w V O L~~ - < O Z OC Z ! N {~ .3.. J ~Sw~ W ` I ^F ~ 6 V L O 2 _ U 0: <~1L g gtlzdo -:~~ SIUVOJ mw Z ryW ~[` ~ -J SO< o [Y w<zr = W i-~ ~I UV Ord (J (' 1-- LL O N O < wg u J-z L<` V Z 0 0 LL W J W O p O O H W m r 2 r¢ W 2 7 < <NO 1- FNrJ Z O r l> J S W} J ~ r Z J¢ 6' ~ ~ 2 O - tl J~ < O Z W- W L~ F O m< ¢ J¢ ti LL f W 2 Y< J- O J U 2 Y W, O N;prp rSJN-m<1-pWp -225 pb W _ i t - ~ e 2 J N M d 7 V W¢ S H VFW 8 ~ Z m 2 W } W W 7 Z? W r O r O r 7 0~< V F_ O Z O Z Z z y/ re ou CCW Wo< W ¢f pL Z SS <r-01~ Z Z 2U "= Pi [- Z F O [W- W O J U°- D Y m 2 m m- 2< V C O zmzu¢ <W r < ZLLZ <-m 1-S •J7YO W 0 <O J+~ O W O Z W W O W < W r< Z< W G> U U N m L< 2 r 7 W W O<¢ Z < O 0 N < W65y Y ~ ZZW ~¢LN..LS «N ZYW < L O W V O- 2 Z J r 0 O¢ L r J W< C¢ .7 ~« Y 2 J{y 2> F ~ L J Y O J N m p ` W O O¢ 2 VV ¢ W W O¢ U-¢ Z M ¢ < Z Z Z O J Z U O W 2 D J 2 „ O Z a Z 2 O W ~ W pp Y 0 0 Z Z W - _«<<<< Z W O Z O W r W 2 N W O~ 2 6 r Z V V- <- f J 4. m W Z- O m W< O LL Z= -OO Z O W W W W 2 0 W O~ r¢ D N W O ¢ p J O Z c V~ W= d LL S~< 6 m W(p yy1/ 2 U< LL ` W~ y~ V < J< V_ ~ a Q~ Z= O V ~ O m O i O U V- L Z O W p - O i~ i m< J W< w Y< ` r J 0 W Z LL LL-> O< LL - U~ m O O Z e ti 2 O.= I- W W Z JJ U W O O N H O W LL 6 0 Z J ~yy[[ W O> O 44 S W1p V O O~< J- m Y¢ W< V 2= Z ZIWL ' Z= r F 2> H` V f J ~ i N< W V W V p 0< O< W< W O~ F m w [[ - O ~ J Z Z-¢ Z X ~ pC h F Z¢ W S ¢~ Z < W W= d=~ 0 ` -` O W C e OZ JJ Zy[Wu L> LL ZZ O V F- ~ J Z W J- L - ` O U U r -- ~< T. 2 0- IO O m f m ~ i LLo G L e V << mlllmm L ILm~ = W <6 ZMm-¢ OZ W S ESNs W W IL W W r W W N N W W IO W W m~ F N N Z t 0 W S O J W W J FrrrY <rr W W 1<<-tir r<<¢ <W - V r. Y~- V w0 ¢ JJ< Z V V u_ V U Vp U V~< U V U U w 2 m N F W 2 w C- a i- _~_< U Y¢ 2 m« }V p p 0p O Z O O~ V O p 0 0 2 Z Itl ~- G W O< U J p W~ W N J< R~~ m N~ p W Y 2 2 2 2 2- Z Z O O Z 2 2 2--~ O- L E-<> m- L W [- O Z U N W T L. Z- Z Z----¢¢¢ J¢ W O > r W J W¢~ Z LL- W¢ W Z W J <<< JO c wc NJ p¢ m_ J O- m O Z O W U yy~~ O m- ZtVOOM~6mU1-C©Vl9Om~OLLYI«~ H<~WHO~[OJO~<`W ~[<p~ ~ a> L L a~- a a L a J-[.1 /l. N O[~m o O~ ~~ r O E e 1L "" 1+ O LLZ ZOS -- - - ZIWH ~ [.~ ZO«<r ~ n ~ 1I~ W e = ~' o . s~ ~ NO :<I omd z I x _IW` - Q7 G` =I== x~if OG Z ~ '.n< O `° W _ L ~ I'~ as°ai :fi l'Zil 3 _OY.SZ O S I o ~ ~ I x W N N to Vr o Z ~ W Q ~ ~ O CY (' ~• " w ~ r7 ~ ~ - ~ Q I rL 1- f0 P M ~ 1- - .< - Imp O aka m ~ ~ N W~ o, U~ ~ Y O Iyb s I o J W ~' u- = t W O I Y - i O m ' rr Z !L - N (o W I i 4 ~ d Z i- I W >z .U Ir, . D F- = ( Z - I I m p~ U I W i I \ ` / S. ~ ~ 0 LLI I. ~ Cn I> 1O W ~~~ z~ Z I1 O _ ~ t~ l ~ Z S N ° n ~ U O c0 3 U = I I n-~ro« III C/7 r }- m O ¢ ~ Q IFI H _ /yam 1 1 ~ ~ ca >- N ~,, ¢ ~1 0 O < H ~I a T- to Z ~ W ~ ~ O J uJ ~ W ~I o - W 2 F=1 i ~ cn H O cn = a- < ti; I m W .- = L11 ~ = v, ~ ~ ~ rlo = W w w po r ~ Z L J . O ..-st i Z d uu°W„ m n Iz Lim IN L M•>•e.- .Y6'IOf ~ [n LL r w J ~ < x W d J U7 4 J '^ ~ ~ 3 c o ~ ~ - o ~w e ~ ryL- S z F- st• ; N - p - ~ < J = . ° o u LL . + O W P~ 4 a „' s ~ o n w g - _ < tONtiSiX31 w • - (fil Ihd 'C~19 '6'x'01 ~' ° - 90'ZH 1N316SV3 A111i UI ZIN o v ~ . . ~ n tl .90.St O N .00'C6 ¢ N. C .s~ J i C < L ~^ L - 1 J - d J r - r IJ < = J IW a N I < W I~ r p LL I '' {~~/ ~]J ~ O<~' o < Z U W y- ~ _ a sl < ~ d - '~~ r J\ Z O N ~_ ~~ ~ 3 .90. St O S 3 .90.St 0 S .00'6f c O O .56'6 i i LL ~ N N .^, ° N _ o ° s 5 e ~ ~ V a = Z F- 1- e s 07 ." O v ~ t J O J ~ _ ~ - O ~ o ~ - i < ~ - J ~ r _ Z r t O LL s i W W __ ° o` < j _ o _ tl ~ z o is S € .~ II crow 3 i u-Lr ~ " II a: LX _- ~--~- ~.._ _ ~ -.. °~ ~' I L_ z° ~ .59'66 .99'66 ~ z w = r E o J V O \ t H A .90. Sf O N .00'SFI i sw Z U p2 ~~ V t o iryz Qi H - MH I+Y H W c = • .90.5[ 0 N .1['661 -Z~ ' ~I fif"~tf ~~-` m i l 3 .90. St D S v01 371v1 Prepared By: RETURN TO: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 AGREEMENT FOR DEFERRAL OF SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this day of 200_, between the City of Delray Beach (hereinafter the City) and Signature Builders, LLC (hereinafter the Owners), for the purpose of deferring the requirement of the installation of a sidewalks within the Hibiscus Lake Estates Plat as shown on Exhibit "A" until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a sidewalk, within the Hibiscus Lane right-of--way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a deferral from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b) which was denied; and, WHEREAS, instead the City granted this deferral; and, WHEREAS, in order to provide conformity along the street the City Commission voted to defer the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. WITNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to defer the requirement for the installation of a sidewalk, at this time, for the property located within the Hibiscus Lake Estates Plat. 1. The Owner agrees to construct sidewalks, at its sole cost and expense, in the right-of--way abutting the internal street system in the Hibiscus Lakes Estates Plat within a reasonable a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. The City, at its sole cost and expense, shall thereafter repair and maintain the sidewalk in conformance with its practices of maintaining public sidewalks throughout the City. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties' legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of , 200_. ATTEST: City Clerk Approved as to form and sufficiency: City Attorney CITY OF DELRAY BEACH, FLORIDA By: Mayor 2 WITNESSES: (Please type or print name) (Please type or print name) STATE OF COUNTY OF OWNER: By: (Please type or print name) The foregoing instrument was acknowledged before me this day of 200_, by (name of person acknowledging). Signature of Notary Public -State of Florida Print, Type, or Stamp Commissioned Name of Notary Public Personally Known OR Produced Identification Type of Identification Produced: 11 : x W op °J •_ S Z mh- V _2_ c2 i H J~id - W W m Y J J 6 ~`` j ~_ S~ r W F L~} V ` V m W y zm F_ _ _ _ r1 h JW OZz<`D ~O• O x ' ,w " - O~ ¢S 7 I- Z ~ ~-~> ~"JJ ~ Z Y•Wi ~ J wry= ~i~`Y W O W r 0 ` f. J J F• 2 JLL -~ L L O >• O J< rmxx u _ Y'z7:~_£0 L LLu<h.ow ~;~ y<J°OJU2`lY-~«oF< J`m~o }-~ J«-m<ti pW -ZZZ « L _ _ 1- O 2 ` C F O J F> V U` O g F V t W 0 ~" Z« 2 W ` U O ? ~ O F- Z « yy pV•« -< 2J CLL SW Of OLLU«V O OOY« O -• ~ F= 6NOLL00 2 ~ ~W= ~2~y-WI-OF 0C0 <e ~ 202 m I~ < O W W U W Lf SL ~ZZS «Vp f" W Z Z W <ZU „¢ Z f• S W m = Z W W W Z W OO O H tl J S< V L O ' I ~ O <ZI-C O V ~ ~ jm2 N U u ~ ~~ ~ 2LL2Z f<~0 /t-~ • OY O W O <O J~ O W _ • J< ¢ O Z W WOW < S W V V ~i S L Z L` Y V V~ Wm } ` 2= C ~~~J gQxi ~ W O. 02 W W iu=i Y O ~2 W « UCIL«~ ~~<«e<2Ym « << O< i (ii O O= ¢ U u~ry1 O W U O-S Z JOHOppO L yLy~~ Fpp-J «¢ 00 M Y== y 2 0 Z- N S W w O U Z 6 Z r w r K H O < r 2 2 2 0~ J 2 V O W 2 D J Z y LL D 2 a 4~ 5 -> O¢ V C Z 2 O W W W O Y O O L W - r< 2 W O Z O W O - W It <- LL1- W Z«~ O~ Z L f Y Z V -<U- •~-~-J ~-«W 2- On W< O •> J 4 O C m J Z=- 2 O W W W W Z O W O S f L O« W O - L O J O Z r Iw W m J ~- m ~ O {{~~ <J<«OU>O>L L W p1-1~y<W W J <6Z~YJLL O- 1-NLL •~ew 'O7}«7 V~WZW LLS ~C@W@ yyJJ2V <LL _O IS~-W> JJ< V_2 O ZOOU O«Oi is rw - ¢ tl <f- S o. f O V ~ L ZOm O - i ~Z «<J W < < 10 `rJ0 Z = ~ O =- F 2ZLLLL-> O C LL7-UFU a- LO pp ZZZZZZ ti Z O~L m`-W W Z JJU W O U S• 6 Z~ U W O W W O O r F O W 6 LL O Z J ~ O> O 2~ V O O O< m Y i < V j W S m- m S 2 Z L m 0 0 L• Z • O L W~~• m Z L J U U 1- W~ O ti=rr ¢h-WOZF- «~tiWJ WWt - L OZ~p r 'O< YZ LWW O< W Yr.~ .~ w U O SSW SZLL-Z= I-H~>~- rJ ~L «~ W~ U W V O O< W <W O<e m w J m • Fi ` N LL Z ¢~ Z =`a `aOL6Z20~ W x~«2 J2~!~L>4•Wi ~ZOU~~JCZ2 WJ W . <pY .: rru .«:~ <oF OU _ "LUU~W-°- '~' ~YC> °w z2m slsoc Wv z Jt.«~ s 'b r Zoi V -0 ««««ue« ia_r f.~ W<O S•Wi«- OZ W SOSd J « ~ rS <Or acZ !"r WtiH «H~WYW-ffti<< W H«<W `O2VHNJY H_tjmOL i<Ze~ JZ O W I w^ j U¢ C A LL U V UU_U U_1i<<<V U V U N V• 2e C~> - ~~ tUY1°LSti¢~ V p »^ -~ pp V J__--00 <Z W ~ W J « YZ J<<= 1- Zy m W- £ Z eZ`- -• °" m -- O OOQL 0 2 ~Z-~ 000 OZ2 W'-O W m <V J-~1- W«-S L~-r ~D W L rW~ = W U O Jm ZZ Z __ZZ Z2_ ~ J r ~> -LW•- OZUn W L Z- • ° _ ~~- ~ __ ~~ W J W L O 2 LL- W L p Z W J W O ~ W~OeiP f G 0¢< <<< O w<<JJ L«JO~M W OZOW U O«_ }Zry F «' ~ ZW7-} 2C VOOw W6mU ~C©WHm O~OILW K<•WZ IW-<~<WrO~UO~<~W JWO m0 r 2NW~Jy ~~ W C Z F~ L O"LLa 7-aLLL O ~-11 ' O W O ~ w ~` I! I U U O ~~ J-e•In r M One a OLe1 ~ ~ O C Y X ~ h ~ F LL O > O < _ _ _ ~ _ _ <¢ O - W m~ r I Z O<«1-- ¢ W O ~ JIWN =j' G L d 0 6 H I• m I J f ° ~ .. oL Q J f ~ ILp Ws~~ _• O «L Z 1 2 J G` ZIL= jy=l GO- '~ - uWh « ¢ 2 Z ~- I N< Ir~ L W L a S X 2 r l a ~ i i ~ W :fil'ZSt 3 _6[_SL D S ~~ ~ .[C'6Pt 'Z F- ~ I ~` O[,» .90'611 ~ ~ _ la .h6-lo[ .n LL a W ~ w w I x°- ~ i° to ° t E to -- 1- yyzW11 ~= W J A L I W N GO W _ L J ~\ O I I. M < ~ 6 J 3 6 I W = O 1,1J tr d ~ a °_ ~ p tV : _ f-O? n n L ° ~ ~ » h_ J Y O lyO I J OJ = e ~ ~~u~=i e< _ a W O M J 1~1=o I < O Q ~ < o« <' z6 d W O 'a' ' LL O r s _ w u 'L W P n 4 ~. I < W - N v-r ~ ~ < _ ION t1s 17(31 - _ ~ Z H U` ~'- I~ I ! « g - -C~11 1 fYl9 '6'Y'Ol m Z ~ ~ Z ~ •I ¢ < .O[ v ° .90'Lhi 1N3N3SV3 Allllln .21« ~ .Oa'Zr ~'--' - _J ~ Z } <Y ~ :~ _ M .90.SC a N .00'[6 q.9a. St O N ~~ <_ g<= J W .s. r W .> Z ~ I FO i.z~ .hh'SI 7 ~ « y. Yi e D ~~- = IZ^I `LLO~` I a~ m p ~ U I " I ~ ~~.` ___ _ro~69 ~ N~ _ O 3 _9o_s[ o s O W O ~ to Y+ w .60'fi[ c .S6'6h ~ # ~ O U~ J I~ I I LL LL w° Z ~ ~ < _~ I I N - <n « 2 ~ ^ 0 O fn S ~ ~ fol [V ~ W - U ~ d ~ 2 ° Cn a {~ I ~ ~ ~ W« + y z ~ ~~ 3 U N ICI r o 0 o Q F r U O : c ~ - _ e d ~- O< ti ~ I I~ ~ rn o o $ S ~ ~Qt•-woo I~IL ~ e _ ~ °J.~ oL~ '~ Z L O ~ }- ~I a ~ ~ o - - o - ,nz~w W < < .m2 y~ ~~ O J w ~1 0 s, - W S ~li ~~`7. W ~ ~ z = ~ I TI_ ~- « ~ _ ~ p~ F f l = _ ' ~ W« m ~ Z g J m L W '~ C` O W ~ S LL I I « 2 >~ p f O v _ L W V T ~ I I G J u 0 e 2 II Z m 1- ¢ ~~ rw LO V - V ~,, i x D ~ - - - ~ ~ ~ - '~ - ~ - - - _o ¢ x L N _90.5[ O N .00'S[1 OL L ;.~ z ° .S9'6fi .99'66 K _90.5[ a M .1['661 7 u I 6i' K[ . S .~„ ? I 3 .90.5[ 0 S "01 371y1 Qi H - H H W FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME Eliopoulos, Gary P. NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMnTEE Delray Beach City Commission MAILING ADDRESS 205 George Bush Boulevard THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I sERVE Is A uN1T oF: CITY COUNTY CITY O COUNTY O OTHER LOCAL AGENCY Delray Beach, Florida 33444 Palm Beach NAME OFPOUTrcALSUSOIVIS1oN: DATE ON WHICH VOTE OCCURRED $e tember 1H, 2007 MY POSITION IS: ~ ELECTIVE ^ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, oi- other local level of govemment on an appointed or elected board, counal, commission, authority, or committee. It applies. equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay Gose attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (inGuding the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a °relative' includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disGose the conflict: PRIOR TO THE VOTE BEING TAKEN by publiGy stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. .. _ - - - - - APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disGose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 1/2000 ~ ~ PAGE 1 APPOINTED OFFICERS (continued) • A Dopy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before partiapating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicy at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, Gary P. Eliopoulos ,herebydisGosethaton September 18 20 07 (a) A measure came or will come before my agency which (check one) _ inured to my special private gain or loss; ~, inured to the special gain or loss of my business associate, Kupi & Eliopoulos Architects , P. A. _ inured to the special gain or loss of my relative, , inured to the special gain or loss of , by whom I am retained; or inured to the specal gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 1/2000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME Eliopoulos, Gary P. NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMnTEE Delray Beach City Commission MAILING ADDRESS 205 George Bush Boulevard THE BOARD, COUNCIL, COMMISSION, AUTHORnY OR COMMITTEE ON WHICHISERVEISAUNITOF: CITY COUNTY CnY O COUNTY O OTHER LOCAL AGENCY Delray Beach, Florida 33444 Palm Beach NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED Se tember 113, 2007 MY POSITION IS: X] ELECTIVE O APPOINTIVE WHO MUST FILE FORM 86 This form is for use by any person serving at the county, city, or other local level of govemment on an appointed or elected board, counal, commission, authority, or committee. It applies. equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay Gose attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a govemment agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business assoaate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative' includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate° means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disGose the conflict: PRIOR TO THE VOTE BEING TAKEN by publiGy stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disGose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM BB - EFF. 1!2000 p'~ (~ PAGE 1 V `~' . APPOINTED OFFICERS (continued) • A copy of the forth must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before particlpating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, Gary P. Eliopoulos ,hereby disclose that on September 18 20 07 (a) A measure came or wilt come before my agency which (check one) _ inured to my speclal private gain or loss; inured to the special gain or loss of my business associate, Kupi & Eliopoulos Architects,. P.A. _ inured to the special gain or loss of my relative, , _ inured to the special gain or loss of , by whom 1 am retained; or _ inured to the special gain or loss of is the parent organization or subsidiary of a princlpal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: September 18, 2007 Date Filed which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2 WHEREAS, the 8'~ annual ENERGY STAR® Change a Light, Change the World Campaign kicks off on October 3, 2007; and WHEREAS, the U.S. Environmental Protection Agency, the U.S. Department of Energy and the U.S. Department of Housing and Urban Development are uniting to encourage participation; and WHEREAS, since the Campaign of 2005 which launched an online pledge inviting people to commit to change at least one inefficient light at home to one that has earned the ENERGY STAR label, more than eight hundred, fifty thousand (850,000) Americans have pledged to change nearly two (2) million lights; and WHEREAS, lights replaced with ENERGY STAR-qualified light bulbs and fixtures use seventy five percent (75%) less energy than standard incandescent bulbs and can last up to ten (10) times longer, adding up to energy, monetary, and environmental savings; and WHEREAS, just one ENERGY STAR-qualified light bulb can save about $30.00 or more in energy cost over its lifetime while preventing more than four hundred (400) pounds of greenhouse gas emissions. NOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the Change a Light, Change the World Campaign officially underway commencing on October 3, 2007 with CHANGE A LIGHT DAY in the City of Delray Beach, Florida, and urge all citizens to unite together and help light the way to greater efficiency and a brighter future. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 2°d day of October, 2007. RITA ELLIS MAYOR 6.A 9& WHEREAS, each year, USA WEEKEND Magazine and the Points of Light Foundation have issued a national call to action challenging Americans to spend one Saturday "making a difference" in their communities and in the lives of others; and WHEREAS, celebrated on the fourth Saturday of every October, Make a Difference Day is now the most encompassing national day of helping others in America; a celebration of neighbors helping neighbors; and WHEREAS, many citizens will roll up their sleeves, reach out to their neighbors and put their hands to work in making a difference; and WHEREAS, the invitation to participate goes out to anyone, young and old, individuals and groups; anyone to carry out a volunteer project that helps others in the community; and WHEREAS, projects may be as ambitious as collecting truckloads of clothing for the homeless, organizing a group to replant and repair a local park or neighborhood; or, as personal as spending an afternoon helping an elderly neighbor or relative, or visiting lonely, institutionalized kids; and WHEREAS, each project can be as large or as small as you wish. NOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim Saturday, October 27, 2007 as MAKE A DIFFERENCE DAY in the City of Delray Beach, Florida, and urge all citizens to look around their community and see what needs to be done. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 2"d day of October, 2007. RITA ELLIS MAYOR 1~.8 49- WHEREAS, city government is the government closest to most dtizens, and the one with the most direct daily impact upon its residents; and WHEREAS, city government is administered for and by its citizens, and is dependent upon public commitment to and understanding of its many responsibilities; and WHEREAS, city government officials and employees share the responsibility to pass along their understanding of public services and their benefits; and WHEREAS, Florida City Government Week is a very important time to recognize the important role played by city government in our lives; and WHEREAS, this week offers an important opportunity to spread the word to all the citizens of Florida that they can shape and influence this branch of government which is closest to the people; and WHEREAS, the Florida League of Cities and its member cities have joined together to teach students and other citizens about municipal government through a variety of different projects and information; and WHEREAS, Florida City Government Week offers an important opportunity to convey to all the citizens of Florida that they can shape and influence government through their civic involvement. NOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the week of October 21 through October 27, 2007 as FLORIDA CITY GOVERNMENT WEEK in the City of Delray Beach, Florida, and encourage all citizens, city government officials and employees to do everything possible to ensure that this week is recognized and celebrated accordingly, and to encourage educational partnerships between city government and schools. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 2"d day of October, 2007. RITA ELLIS MAYOR 6.C ~- WHEREAS, the month of October has been recognized as National Arts and Humanities Month by thousands of arts and cultural organizations, communities, and states across the country, as well as by the White House and Congress for mote than two decades; and WHEREAS, the arts and humanities affect every aspect of life in America today including the economy, social problem solving, job creation, education, creativity and community livability; and WHEREAS, cites, counties, and states -through their local and state art agencies and representing thousands of cultural organizations -have celebrated the value and importance of culture in the lives of Americans and the health of thriving communities during National Arts and Humanities Month; and WHEREAS, more than 200 cultural organizations in Palm Beach County enriched the lives of residents, visitors and tourists by providing activities last year to more than 3.5 million attendees; and WHEREAS, the non-profit arts industry in Palm Beach County, represented by cultural organizations that participated in the Americans for the Arts Economic Prosperity Study III, strengthens our local economy by generating $209.1 million in economic impact and supported 4,812 full time equivalent jobs in one year alone, and WHEREAS, those same participants provided public financial support by generating more than $9.8 million in local taxes and $9.6 million in State taxes; and WHEREAS, The city of Delray Beach has become a leader in Palm Beach County as a premier arts destination highlighting our Village by the Sea with outstanding cultural venues, special events, festivals and visual and performing arts programs fox all ages that are unparalleled in the State of Florida and serve as an unprecedented catalyst for revitalization; and WHEREAS, the Unites States Conference of Mayors passed unanimously a polity resolution to urge mayors and other elected officials to proclaim October as National Arts and Humanities Month; and WHEREAS, for almost 30 years since the founding of the Palm Beach County Cultural Council by Alex Dreyfoos and others, the City of Delray Beach has consistently recognized the importance of this industry. NOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the month of October 2007 as NATIONAL ARTS AND HUMANITIES MONTH" in the City of Deryay Beach, Florida and urge the citizens of Delray Beach to participate and celebrate the Arts and Humanities through our local Heritage Month and by visiting one of our outstanding cultural organizations, festivals or events. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 2nd day of October, 2007. RITA ELLIS MAYOR 6.D WHEREAS, in 1981 the American Physical Therapy Association. (APTA) began celebrating "National Physical Therapy Month"; and WHEREAS, the American Physical Therapy Association (APIA), is observing the month of October as "National Physical Therapy Month" along with physical therapists across the country; and WHEREAS, the American Physical Therapy Association (APIA) is a national organization that represents more than 71,000 members, including physical therapists, physical therapist assistants, and students; and WHEREAS, its goal is to foster advancements in physical therapist education, practice, and reseazch; and WHEREAS, physical therapists diagnose and treat people who have medical problems or other health-related conditions associated with the lost of mobility through fitness and wellness programs that help people achieve healthy and active lifestyles; and WHEREAS, "Physical Therapy: The Science of Healing. The Art of Caring" is the theme for National Physical Therapy Month in October 2007. NOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the month of October 2007 as NATIONAL PHYSICAL THERAPY MONTH in the City of Delray Beach, Florida, and urge all citizens to support the Physical Therapy Profession in its efforts to secure better health care for all of our citizens. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 2`d day of October, 2007. RITA ELLIS MAYOR ~E MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: R. BRIAN SHUTT, ASST. CITY ATTORNEY THROUGH: CITY ATTORNEY DATE: SEPTEMBER 24, 2007 SUBJECT: AGENDA ITEM # Uo !1 -REGULAR MEETING OF OCTOBER 2, 2007 ACCEPTANCE OF EASEMENT DEED FOR RECLAIMED WATER ITEM BEFORE COMMISSION Acceptance of an easement deed for a reclaimed water line with the Clearbrook Homeowners Association. BACKGROUND The attached easement deed will allow the City to install a 4 inch reclaimed water line from Homewood Blvd. to Clearbrook Circle to allow the homeowner's association to use reclaimed water for irrigation. RECOMMENDATION Staff recommends acceptance of the easement deed. City Of Delray Beach Department of Environmental Services M E M O R A N D U M www. mydel raybeach. com TO: Brian Shutt, Assistant City Attorney FROM: Victor Majtenyi, Deputy Director of Public Utilities SUBJECT: CLEARBROOK H.O.A. -RECLAIMED WATER EASEMENT DATE: September 14, 2007 Attached is an Easement Deed for the installation and maintenance of a four inch Reclaimed Water line from Homewood Blvd to Clearbrook Circle for serving the homeowners association with reclaimed water for irrigation. Also attached are the legal description and the legal sketch. Please initiate the process for properly executing and recording the easement. Thank you. cc: Scott Solomon; Manager Water and Sewer Network File: Prj 2006-070 (E) ~~~IVED ~E~ ~ 7 2~~fi '~`iT~` ATTQ~NEY S:1EngAdmin~Projects1200b~200b-070~L.ETTERS~Easement App ltr to CtyAtt 09:14.07.doc ~..: Prepared by: RETURN: R Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 PID#: EASEMENT DEED THIS INDENTURE, made this -day of 20_, by and between Clearbrook Homeowners Association with a mailing address of ,party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the sum of ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a perpetual easement for the purpose of: installation and maintenance of utilities with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such utilities well under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: DESCRIPTION See Exhibit for: 12' Reclaimed Water Easement Concomitant and coextensive with this right is the further right in the parry of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to affect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. The parry of the first part also agrees to erect no building or affect any other kind of construction or improvements upon the above- described property. It is understood that upon completion of such installation, all lands disturbed thereby as a result of such installation or spoilage deposited thereon, will be restored to its original condition or better without expense to the property owner. 12' Reclaimed Water Easement Page 1 of 2 Cleazbrook Homeowners Association Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. PARTY OF THE FIRST PART Gvr-c ~-J By. Print N : ~ ~~ /~/c'_-fir" ~~, Print Name: +~ '~' D K ~ .~~(~ (Z ~ Print Name: STATE OF FLO DA COUNTY OF ~~ ` ~~~~ The foregoing instrumen`t~, o~ed~fore me this ~ day of 20D b ~°n 7z~~~~ ~" `name of officer or a ent Y '( g title of officer or agent) of ~~ ~- , on behalf of the corporation. He/She is personally own to me or has produced ~~ e-~~ ~ i2- ~~ (type of identification) as identification. :~~..~,:K:~~ '~`~ _ MARY CARAWAY '!- ~= I~,^,Y CG~7MIS51QN # DD 43p858 ri;FIRS: Augus122, 2Q09 ~ . 9 _n~+:~~ Thru fJo;ary Pu6~ic Underwrit=rs ~y{:~ Brian Shutt Assistant City Attorney 200 N.W. 1st Avenue Delray Beach, FL 33444 (561)243-7091 Signature of Notary Public -State of Florida 12' Reclaimed Water Easement Page 2 of 2 Clearbrook Homeowners Association 12' RECLAIMED WATER EASEMENT A 12' WIDE PARCEL OF LAND LYING WITHIN PARCEL "H" AND PARCEL "A°, HIDDEN LAKE (P.B. 63, PGS. 180 AND 181) CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA LEGAL DESCRIPTION: A 12' WIDE PARCEL OF LAND LYING WITHIN PARCEL "H" AND PARCEL "A", HIDDEN LAKE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 63, AT PAGES 180 AND 181 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF PARCEL "C", HIDDEN LAKE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 63, AT PAGES 180 AND 181 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE S00°01'15"E ALONG THE EAST LINE OF SAID PARCEL "C" AND THE EAST LINE OF LOT 6, LOT 5 AND LOT 4 OF SAID PLAT OF HIDDEN LAKE, SAID EAST LINE BEING COINCIDENT WITH THE WEST RIGHT OF WAY LINE OF HOMEWOOD BOULEVARD AS SHOWN ON SAID PLAT OF HIDDEN LAKE FOR A DISTANCE OF 263.72 FEET TO A POINT OF INTERSECTION WITH THE SOUTHEASTERLY CORNER OF SAID LOT 4 AND THE NORTHEASTERLY CORNER OF PARCEL "H" OF SAID PLAT OF HIDDEN LAKE; THENCE CONTINUE S00°01'15"E ALONG THE WEST RIGHT OF WAY LINE OF SAID HOMEWOOD BOULEVARD FOR A DISTANCE OF 51.40 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST RIGHT OF WAY LINE S00°01'15"E FOR A DISTANCE OF 12.00 FEET, THE EAST LINE OF SAID PARCEL "H" BEING COINCIDENT WITH THE WEST RIGHT OF WAY LINE OF SAID HOMEWOOD BOULEVARD; THENCE DEPARTING FROM SAID WEST RIGHT OF WAY LINE N89°34'12"W FOR 137.17 FEET; THENCE N80°35'48"W FOR 13.09 FEET TO A POINT ON THE WEST LINE OF SAID PARCEL "H" AND THE EAST LINE OF PARCEL "A" OF SAID PLAT OF HIDDEN LAKE; THENCE CONTINUE N80°35'48"W FOR 32.33 FEET; THENCE N09°24'12"E FOR 12.00 FEET; THENCE S80°35'48"E FOR 30.35 FEET TO THE EAST LINE OF SAID PARCEL "A" AND THE WEST LINE OF SAID PARCEL "H"; THENCE CONTINUE S80°35'48"E FOR 14.13 FEET; THENCE S89°34'12"E FOR 136.13 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF DELRAY BEACH, FLORIDA. CONTAINING 2180 SQUARE FEET MORE OR LESS. HEELER-WEA' FLORIDA STA BY: FLORIDA REG. NO. 5118 DATED: 8-7-07 WORK ORDER NO. 15519 A, INC. 3449 AND MAPPER LEGEND: P.B. PLAT BOOK PG. PAGE(S) TYP. TYPICAL ~ CENTERLINE SCALE: '~~""'"~ Heller -Weaver and Sheremeta inc. °A~~ ~"°' ~` -- En Ineers ... Surve ors and Ma ers DRAWN BY: S. ISAAC g y Pp CHECKED BY: D.C. LAAK - - -- 310 S.E.1 st Street, Suite 4 Delray Beach, Florida 33483 SHEET: 1 OF 2 SHEET 1 of 2 SHEETS E.B. NO.ODO3449 (561) 243-8700 -Phone (561) 243-8777 -Fax FILE N0. 07-15519SS1 12' RECLAIMED WATER EASEMENT A 12' WIDE PARCEL OF LAND LYING WITHIN PARCEL "H°, AND PARCEL ^A° `~ HIDDEN LAKE (P.B. 63, PGS. 180 AND 181) CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA ~~ ~~ J ~ . ~ ~ a p ! ~ ~ ~y/~ a_ ii'6+ RC~L "JW" I ~,111,~~~~ www . (P.B. 63, PGS. 180-181) 1f. ~ 0- CATCH BASIN I -~ _ 12' DRAINAGE EASEMENT ~ w ~(P.B. 63 180-181) ~ ~ ~ POINT t~F COMMENCEMENT NORTHEAST CORNER OF PARCEL "C", HIDDEN LAKE (P.B. 63, PGS. 180 & 181) PARCEL "C" w Ii1,i3i9EN L,~mCIE ~ N ~~WEST RIGHT OF WAY LINE '~ ~ OF HOMEWOOD BLVD. ~ ~ (P.B. 63, PGS.180-181) o ~ c N ~ (P.B. 63, PGS. 180-181) EAST LINE OF PARCEL "C", LOTS ~ - NORTHEASTERLY 6, 5 AN 4 (P.B. 63, PGS. 180-181) CORNER OF PARCEL "H" ~ ~ EAST LINE OF PARCEL "H" ~Q ~ ~ ! S 80'35'48° E 14.13' a IPARC CS 80°35'48° E 30.35' ~ CLEA -~-------_~_ ~ (PAI CEL' N 09'24'12° E r 12.00' ~ ~ :~ `~ N 80'35'48° W -~_ ` 32.33' ~ ~ 1+1 8Q'35'48° W 13.09'.._.._.. ~,~ EAST LINE OF PARCEL S S 00°01'15" E 51.40' SOUTHEASTERLY ~ ~ CORNER OF LOT 4 WATER VALVE (TYP.) ..H.. . t~OK`-C11t t - ~° E- C P B 63 P(~ 180-181) o c°o . . . , . 19°34''~E,136.1 N _ h--F--~' I l P.O• & ~~ b n. h-S 00°01 15" E 12.00' - = -S- - - -s - ' '=-~- s s s a N 89°34'12°~W 137.1T N - .-_, a - _~ ... ~ - ~ SANITARY ~/ ~ / ~ 12' RECLAIMED WATER ~ ~ O SEWER A"~ / ~ 1 \ EASEMENT ~ j MANHOLE m SANITARY- ~' - I p SEWER ~ ~ ~ I SIGN (TYP-) O MANHOLE ~ - y O I ~~ WEST LINE OF PARCEL "H"~ 25 p, 25 0, ~ - O (~. B. 63~ P S. 180-181) I = t ~ 40.0' ~ ~ I (P.~. 63, PGS. 180-181) NOTES: SKETCH TO ACCOMPANY LEGAL DESCRIPTION 1) THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD SURVEY ("THIS IS NOT A SURVEY"). 2) THIS SKETCH AND LEGAL DESCRIPTION 1S NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED LAND SURVEYOR. 3) BEARINGS SHOWN HEREON ARE BASED ON THE WEST RIGHT OF WAY LINE OF HOMEWOOD BOULEVARD AS SHOWN ON HIDDEN LAKE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 63, PAGES 180 AND 181 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; HAVING AN ASSUMED BEARING OF NORTH 00°01'15" WEST. KtVI51UN5 ~ DATE 8J7l07 Heller Weaver and Sheremeta inc SCALE: t' = 40' . , DRAWN BY: S. ISAAC En Ineers ... Surve ors and Ma ers g y pp CHECKED BY: D.C. LARK _= 310 S.E.1st Street, Suite 4 Delray Beach, Florida 33483 SHEET: 2 OF 2 SHEET 2 OF 2 SHEETS e.e. No. oooaaas (561) 243-8700 -Phone (561) 243$777 -Fax FILE N0. 07-15519,SS2 MEMORANDUM TO: Mayor and City Commissioners THRU: David T. Harden, City Manager ~i~~~`'~" Richard C. Hasko, Environmental Services Director FROM: Randal L. Krejcarek, P.E., City Engineer DATE: SEPTEMBER 24, 2007 SUBJECT: AGENDA ITEM - U • fX:ITY COMMISSION MEETING OF OCTOBER 2, 2007 LANDSCAPE MAINTENANCE AGREEMENT CANNERY ROW ITEM BEFORE THE COMMISSION ApprovaUauthorization for Mayor to execute a Landscape Maintenance Agreement with Cannery Row Homeowners Association for the maintenance of Landscaping to be placed within the public rights-of--way along NE 1St Avenue, NE 2nd Avenue and NE 3rd Street adjacent to Cannery Row Development. BACKGROUND Cannery Row is a redevelopment of Block 73 in Pineapple Gove. The proposed redevelopment includes parallel parking and landscaping within the public rights-of--way on NE 1St Avenue, NE 2"d Avenue and NE 3rd Street. This agreement, between the City and the Cannery Row Homeowners Association, places the responsibility of installing and maintaining all landscaping within the public rights-of--way with the Homeowners Association. FUNDING SOURCE N/A Staff recommends approval. enc cc Agenda File OSI21/07 TAC File Camiery Row U:\wwdstaVgendaUgaida Toro ]o.z.0'112007-10.021amsape agent agora. mcmoRV.doc Page i of 2 Smith, Douglas From: Shutt, Brian Sent: Thursday, September 27, 2007 3:29 PM To: Smith, Douglas Subject: RE: cannery row landscape maintenance agent agenda item The agreement is ok. Brian Shutt From: Smith, Douglas Sent: Thursday, September 27, 2007 3:10 PM To: Shutt, Brian Subject: FUV: cannery row landscape maintenance agent agenda item Did you have a chance yet to review the attached agreement? If you don't have a chance to look at it today, could you let Gerri know tomorrow if it is OK for the agenda? Thanks, Doug Smith Assistant City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Phone: (561) 243-7144 Fax: (561) 243-7199 Email: smithd@ci.delray-beach.fl.us From: Smith, Douglas Sent: Tuesday, September 25, 2007 3:42 PM To: Shutt, Brian Subject: FW: cannery row landscape maintenance agent agenda item Please see attached an agenda item for October 2 for your review if you haven't seen it already. Thanks, Doug Smith Assistant City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Phone: (561) 243-7144 Fax: (561) 243-7199 Email: smithd@ci.delray-beach.fl.us From: Krejcarek, Randal Sent: Tuesday, September 25, 2007 3:40 PM To: Smith, Douglas; Gaskins, Lanelda Cc: Hasko, Richard; Kucmerowski, Carolanne; Lti6chmansingh, Tracie Subject: cannery row landscape maintenance agent agenda item Please see attached 9/27/2007 m E 0 c 3 0 F- 3 0 V a .~ ._ W O "~ ~ ~ ~~ s c ~ ~ o v~ m V 'd' Z ~ a~ddsauid Lm ..MA Y+ M W Z n r 0 m 0 0 0 N N ~, P LANDSCAPE MAINTENANCE AGREEMEjNT THIS AGREEMENT is made this ~ day of ~ sO t/` , 2007 by and between the City of Delray Beach, Florida {"City") and Cannery Row Homeowners Association, Inc. {"Owner"). WITNESSETH: WHEREAS, in order to provide landscaping in the City, the City Commission has adopted ordinances setting forth requirements for landscaping; and, WHEREAS, in order to comply with the City's landscape Ordinance the Owner shall be allowed to install landscaping material in the right-of-way of NE 1~ Avenue, NE 2"d Avenue, and NE 3`~ Street in connection with and adjacent to the Cannery Row townhomes, pursuant to the terms of this Agreement; and, WHEREAS, this Agreement shall in no way be deemed an actual, constructive or any other type of abandonment by the City of the public right-of--way of NE l~ Avenue, NE 2"d Avenue, and NE 3'~ Street; and, WHEREAS, the City reserves the right at any time to utilize the right-of-way for right-of- way purposes; and, WHEREAS, the public wilt benefit from the beautification of areas along its streets by the addition of landscaping; and, WHEREAS, this Agreement is not effective unless the Owner has submitted a landscape plan and it has been approved by the City; and, WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: l . The Parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Owner shall perform all conditions as required by the City or any Board of the City in conjunction with the site plan and review process for the required installation and maintenance of the landscaping. The subject property, further described in Exhibit "A", shall have an approved landscape plan, Exhibit "B", attached hereto and incorporated herein by reference. 3. The Owner shall be responsible for purchasing and installing all plant, tree, hedge or grass material or any other materiat as required by the Owner's approved landscaping plan. Owner shall further be responsible for obtaining all permits and approvals from all applicable governmental agencies. 4. The Owner hereby agrees to maintain the plantings in the right-of-way in accordance with the City's Ordinances and the terms and conditions of this Agreement. The Owner shall be responsible to maintain, which means the proper watering and proper fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper height; to properly prune all plants which includes {1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same grade, not necessarily the same plant but of acceptable quality to the City and the Owner, as specified in the original plans and specifications and of a size comparable to those existing at the time of replacement. To maintain also means to keep litter removed from the landscaped areas in the right-of--way. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. 5. If at any time after the execution of this Agreement by the Owner, it shall come to the attention of the City that the landscaping is not properly maintained pursuant to the terms and conditions of this Agreement then the City may at its option issue a written notice that a deficiency or deficiencies exist, by sending a certified letter to the Owner. Thereafter, the Owner shall have a period of thirty calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the City may at its option, proceed as follows: (a} Maintain the landscaping or part thereof, and invoice the Owner for expenses incurred. (b) Terminate this Agreement and require the Owner to comply with the City's 2 current Ordinance on landscaping. (c) Cite the Owner for failure to comply with the City's Ordinances. b. At all times hereto, the Owner shall own and maintain all landscaping installed in the right-of--way by the Owner. 7. If for any reason the City decides that it needs the right-of-way of NE I SL Avenue, NE 2nd Avenue, and NE 3rd Street or for any other public purpose this Agreement shall terminate, and the Owner shall be required to comply with the City's current Code of Ordinances regarding landscape requirements. Owner shall remove all landscaping from the right-of-way within 20 days of such notification, if so requested by the City. 8. The Owner shall indemnify and hold harmless the City, its officers and employees from all suits, actions, claims and liability arising solely out of the Owner's installation and maintenance of landscaping in the City's right-of-way. 9. This Agreement shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 10. 'T'his Agreement may not be assigned or transferred by the Owner, in whole or part without the written consent of the City. 11. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be recorded in the Public Records of Palm Beach County and shall run with the land. 12. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this ~ day of . , 2007. ATTEST: City CIerk Approved as to legal form and sufficiency: . CITY OF DELRAY BEACH, FLORIDA By: 3 Rita Ellis, Mayor City Attorney WITNESSES: STATE OF FLORIDA COUNTY OF PALM BEACH CANNERY ROW HOMEOWNERS ASSOCIATION, INC., a Florida not-for-profit corporation Cary Glickstein, President The foregoin nt was acknowledged befo me this ~ ~ ~+ day of Sept u', 2007, by ~ ~`C ~n , as . ~~C~ t~e..~"" (name of officer or agent, title of officer or agent), of .y.~ery p~..i 1 a~-rt~v~~cr~ ~OC.~~'t~. (name of corporation acknowledging}, a _ ~/ o ~'~~ ~a a or place of incorporation} corporation, on behalf of the corporation. He/She is persro__n~ known to me or has produced (type of identification} as identification. Signa of Person T g Acknowledgment ~ ~ a r Name Typed, Frinted .o ped ~""""""~ TAGC~IAR'r~ rw„mr ooa~xss ~, o• ea+db wu teoo~~-+x~+i 4 {Print or Type Name) ~X~i~~3ti '' ~~t ~. ~~ D A T L A N T I C N CANNERY ROW ""~~ LOCATION MAP an o~ DELRAY EACH. ~. ®sus.>ECTPROPERTY PLANlMiC t 20Ng/G DEPARTMENT -_ qC/TAL 84SE AtgP S15TEAI -- MAP REF: 1M483 w ~~ [~ ~~~~ it d"? 1~ Or rw•.w~w~,r r~wer.s..~sraw ~ w~n.rr~ww~~raprr~awr~rw Mt~sww~~nwrrw~~~ ~w~~~r~~.s.~~ p A~ ~ . ( m ~M I I ~ ~j I ~ > ~p yN fP ~ 1 i ~ f ~ I i . ~ ~~ h r ~ ~~ ~ ~1 ~ ~ ~ ~s j 1 ~ ~ i ~ F r ~u T ~ I t ~ ~ . I ~~ [ } ( 4 N ~ 1 ~~ v f F t ~ I ~ ~ tt ~ r ~: ~ ~~ ~ t ~ ~ a ~ $ ~ ~ ~ ~ Z ~ ~ ~ ~ ~ <D ~ E ~ n ~/~~~fO~MM~RK YI~fgMl~r ~tf~Mllfall~~~1/pt~gt rll~Y[~f~N M,~~~~04~Mfe YRfw~Ol/~MI~RK Al1O11/lf ~Il r~e~Wd~t04il M1~Wti i ~~~ ~.~ _ - ..r w.w~ ~~~ ~ C ~~ ___--- --- - - - -~--. I I} I~ i~ I ~'' Z x j~7 ~ I 'tx< i' W 1 ~::.., Q I i ~ 1 I~ I (Yj + IZ IC I tTi I I~. 1 I~ I I> ~ I I C ;I ~I ~{ I >I I I f: I i I i I i I _ i I N.E. 4th STREET I °~ -~~ &~ ~ ~ ~ ~ s ~ ~~ ~ O D ~ ~ a s ~ ~ ~ ~ ~ P ~ ~ t~ ~ ~ P .. Oan era • •.mm ..e .. m..on . x rmw r a....o . ~.+.o, .u ..rn •s •u..m .e ..n r®.ui °O1"O~ °" ~ ~.~ s o. nwa . ronao . o•s. wn~m ~~ '~ F T 2m ~ ~ ~ ~ • ~~ a' 55 ~^ N ~ agEPt y 4~€ 1ML Bp88833 N~ m r m ~~o' n g ~ { C Z ~ i$e~g ~~ ?~ ~ p y ~ m ; ~ ~ ~ m a xo~ a g p~~ ' ~~ I ~ I I `~ -` p ~ g R ~~~ ~s yyrt A K ~I r ~~ q~~~ ~~~ ~~ ~~ ~ ~~ ~ 1 S ~~ ~ ~f~~~ ~~ ~ ~~~~~ ~~ ,~ ~ ~ ~ ~ ~ Q~ v X -~ 0 I ~ ~~ ~~~ Z -. >_ r -{- ~~~ ;~ ~~ ~ ~~: ~~ a z ° a ~ ~~~~~~~~~~~f~~`~~ ~: tp~ ~ ~ ~ ~~ j A ~• f ~ ~` ~ ~~ ~i ins ... ~~ ~Yjy~-~~~ ~ i A II ~ ~ G ~ ~ ~ D ~ ~ ~'~ ~~ ~ ~: ~ ~€ 1Y ~~ ~t 101 .w 1/1 A4iR wrtfa ~ irct'~'raciireaii~wia~ai~r~~i i ~~ et ~~~~ A~.iiaeea#aas~ra~rcxyle~.snn-a ; ~a i~~~t•' ,t ,rt+~+~~+c•a Sx•~f~~1 ~ ~ m m ~~ It o~ ~~~~~~_ .~ ~~ ~i ~~~ ~~~ ~~ ~~ ..i ~ ~~~. ~~~~ sF~k ~~~~ ~,_~ ~~~ ~~ ~~~ ~ ~ ~.~ z ~~ ;~ ~tf ~~~ jQ~~ a~~ ~ ~r ier ~~ ~ r ~R ~d~ r~~ f ~ ~L '~ i L ~ ~ ; • s ~~ t {~r Vl s ~ } t ~ . ~ t ~ ~ r ~" ~ ~ r- to ~ ~ Z o d .g ~ : ~ t ~;~~ ~ ~ t~ g ~ s l~ ~~ -~ ~ --- ~ ~~ Date: 24 Se 2007 AGENDA ITEM NUMBER: ~ ~ V ` , • ~~=~:,_ AGENDA REtaUEST Request to be placed on: X Consent Agenda -Regular Agenda Workshop Agenda `Special Agenda When: 02 Oct 2007 Description of Agenda Item (who, what, where, how much): Approvallauthorization for Mayor to execute Landscape Maintenance Agreement with Cannery Row Homeowners Association for the maintenance of landscaping to be placed within the public rights-of--way slang NE 18t Avenue, NE 2nd Avenue and NE 3rd Street adjacent to Cannery Row Development. Staff Recommendation: Department Ffead Signs City Attorney ReviewlRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes ! No Initials: Accaunt Number Description Account Balance: Funding Alternatives: (if applicable} City Manager Review: Approved for Agenda: Yes No Initials: Hold Until: Agenda Coordinator Review: Received: S:\EngAdmia\TAC\Cannery Row Townhomes (277 SE bth Ave)\2007-10-021andacape agent agenda.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER ~ ~~c~1-C/''1 DATE: SEPTEMBER 26, 2007 SUBJECT: BEACH COUNTY. M BEFORE COMMISSION The item before City Commission is a resolution of support #or the Delray Beach Renourishment Project and acknowledgement of funding commitmen# for the local share. EACKGROUND The Florida Department of Environmental Protection (FDEP) is undergoing its annual update of the Florida Beach Management Program Long-Range Budget Plan and developing a prioritized list of State Beach Erosion Control Projects. The culmination of this process is the preparation and submittal of the Department's Fixed Capital Outlay, containing Local Government Funding requests to establish State funding priorities for FY2008-09. We are in the process of preparing the detail project descriptions and cost estimates for the ongoing Delray Beach Renour9shmerrt Project. Along with this information the FDEP requires a resolution of support and acknowledgment of funding commitment for the local share. The attached resolution meets this requirement. RECOMMENDATION By motion, approve the resolution of support for the Delray Beach Renourishment Project and acknowledgement of funding commitment for the local share. Attachment: • Resolution 58-07 RESOLUTION NO.58-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA PROVIDING iTS SUPPORT FOR THE CITY OF DELRAY BEACH RENOURISHMENT PROJECT AND ITS ONGOING FUNDING COMMITMENT TO PROVIDE FOR THE LOCAL MATCH. WHEREAS, America s beaches provide vital economic, recreational, storm damage reduction, and environmental benefits to the Nation; and WHEREAS, nearly sixty percent of all Americans live within 50 miles of the Atlantic and Pacific Oceans, the Gulf of Mexico, and the five Great Lakes; and WHEREAS, the Nation's beaches aze the leading tourist destination for millions of domestic and foreign visitors, providing jobs and business profits which in turn produce billions of dollars of tax revenues for federal, state and local governments; and WHEREAS, the City Commission of the City of Delray Beach continues to support the City of Delray Beach's renourishment project regarding its beaches; and WHEREAS, the City of Delray Beach has the ability to provide the necessary local match through an interlocal agreement with Palm Beach County. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That the City of Delray Beach is providing its support for the City of Delray Beach renourishment project and affirms its ability to provide the necessary local match for its funding request through an interlocal agreement with Palm Beach County. PASSID AND ADOPTED this day of x007. MAYOR ATTEST: City Clerk MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS S~\~ DA~1ID T. HARDEN, CITY MANAGER ~ , ~' FROM: SUSAN A. RUBY, CITY ATTORNEY DATE: SEPTEMBER 21, 2007 SUBJECT: AGENDA ITEM # U . L REGULAR MEETING OF OCTOBER 2.2007 INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING OF THE NEIGHBORHOOD PLANNER POSITION ITEM BEFORE COMMISSION Approval of an Interlocal Agreement between the City of Delray Beach and the Community Redevelopment Agency for Funding of the Neighborhood Planner Position. BACKGROUND Attached please find the Interlocal Agreement between the City and the CRA for funding of the Neighborhood Flanner position in the Community Improvement Department. This position is housed at the Neighborhood Resource Center and serves as the liaison between the CRA and the Community band Trust for community outreach activities, while working with neighborhood associations. The CRA contributes 50% of the costs of the position. The total to be paid to the City is $34,410.00 The language in the agreement allows for it to be renewed automatically each year, with any increases to be addressed during the normal budget process. The CRA approved the Interlocal Agreement at their meeting of Thursday, September 20, 2007, subject to City Commission appmvai. RECOMMENDATION City Staff recommends approval of the Interlocal Agreement Between the City and the CRA for Funding of the Neighborhood Planner Position. cc: Doug Smith, Assistant City Manager Chevelle Nubin, City Clerk Jeff Costello, Assistant Director of the CRA Meeting Date: September 20, 2007 Agenda Item: Summary INTERLOCAL AGREEMENT BETWEEN THE CITY AND CRA FOR THE NEIGHBORHOOD PLANNER POSITION Attached please find the Interlocal Agreement between the City and the CRA for funding of the Neighborhood Planner position in the Community Improvement Department. This position is housed at the Neighborhood Resource and serves as the liaison between the CRA and the Community Land Trust for community outreach activities, while working with neighborhood associations. The CRA contributes 50% of the costs of the position. The total requested is $34,410.00 The language in the agreement allows for it to be renewed automatically each year, with any increases to be addressed during the normal budget process. Recommended Action: Approve the Interlocal Agreement with the City to fund 50% of the costs associated with the Neighborhood Planner position. Submitted By: Jeffrey A. Costello, Assistant Director INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF A NEIGHBORHOOD PLANNER POSITION THIS AGREEMENT is made this day of 2007 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 CRA shall contribute 50% of the funding of a neighborhood planner position assigned to the Neighborhood Resource Center; and WHEREAS, the both parties desire to assist one another in providing and obtaining the services as more specifically set forth in this Agreement. 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 neighborhood planner shall be assigned to the Neighborhood Resource Center and shall function, in addition to hislher regular duties, as the liason between the CRA and the Community Land Trust for community outreach activities. 3. The term of this Agreement shall commence October 1, 2007 and terminate on September 30, 2008. However, it shall automatically renew on an annual basis provided that funding for the position is set forth in the CITY and CRA budgets, and those budgets are approved. Either party may cancel the agreement if it provides written notice to the other party, at least 30 days prior to renewal, of its intent to cancel this Agreement. 4. During the first year of the Agreement, the CRA shall pay to the CITY up to $34,410.00 for the services provided by the CITY, payable in quarterly increments, with October 1st as the commencement of the first quarter. No later than May 30th of each year during the term of this Agreement, the CITY shall provide notice to the CRA of the amount of additional funds that will be necessary for the CRA to pay to the CITY for the following fiscal year to fund the position. Following receipt of the notice from the CITY, the CRA's Executive Director shall advise the CITY whether the CRA will fund the additional costs in the CRA budget for the position for the following year, or terminate the Agreement. 5. This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. 6. The CITY shall provide the CRA with a quarterly report documenting the CITY's expenditures related to the Neighborhood Planner Position, and the use of funds by the CITY. The report shall detail the Neighborhood Planner's activities including community meetings attended, workshops conducted, informational materials produced, etc. The report shall be provided to the CRA Executive Director no later than five (5) days prior to the end of each quarter (December 31st, March 31st, June 30th, and September 30th). In the event the CITY fails to provide the required reports, the CRA will have the discretion to withhold payment of any funds until receipt of the report. 2 7. No prior or present agreements or representation with regard to any subject mater 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. 8. 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 hereof. 9. 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. 10. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. 11. This Agreement shall not be valid until signed by the Mayor and the City Clerk. ATTEST: CITY OF DELRAY BEACH, FLORIDA City Clerk By: Rita Ellis, Mayor Approved as to Form: City Attorney ATTEST: ~. Diane Colonna, Executive rector COMMUNITY REDEVELOPMENT AGENCY Frank Wheat, Chair 3 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ~r~/Zzlay of S4. p~ f ~2- ./3 c ~,~ 200 by ~n-=~ ~/ic GJ i~r~- as ~ „L h,,~./ (name of officer or agent, title of officer or agent), of _~~<<'~'4~ ~ ~~~>~ (name of corporation acknowledging}, a „mow .2-i/J.~ (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced '~ (type of identification) as identification. $~,vriU~ JEAN MOOREFIELD ~ g~~` MYCOMMISSiON#FDD413456 Nota Public - Stat f Florida ~OF4~~ EXPIRES: June 22, 2009 (407) 3980753 Florida Notary Sarvlce.com DNT: n H:120061060018 DBCRAWGMT 200711nterlocalAgreemeat City CRA neigh planner 9.11.07.doc 4 MEMORANDUM TO: FROM: DATE: SUBJECT: MAYOR AND CITY COMMISSIONERS DAVID T. HARDEN, CITY MANAGER SUSAN A. RUBY, CITY ATTORNEY SEPTEMBER 21, 2007 AGENDA ITEM # ~ • ~ REGULAR MEETING OF OCTOBER 2, 2007 INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUI~TITY REDEVELOPMENT AGENCY FOR PLAN REVIEWER II POSTI'ION ITEM BEFORE COMMISSION Approval of an Interlocal Agreement between the City of Delray Beach and the Community Redevelopment Agency for Plan Reviewer II Position. BACKGROUND Attached please find the Interlocal Agreement between the City and the CRA for funding of the Plan Reviewer II position in the Community Improvement Department. As provided in the attached agreement, the plan reviewer will review building permit plans for CRA projects and projects within the CRA District. In addition, the reviewer will give priority to CRA and CLT sponsored projects. The amount to be paid to the City is $67,200. The language in the agreement allows for it to be renewed automatically each year, with any increases to be addressed during the normal budget process. The CRA approved the Interlocal Agreement at their meeting of Thursday, September 20, 2007, subject to City Commission approval. RECOMMENDATION City Staff recommends approval of the Interlocal Agreement Between the City and the CRA for Plan Reviewer II Position. cc: Doug Smith, Assistant City Manger Chevelle Nubin, City Clerk Jeff Costello, Assistant Director of the CRA Meeting Date: September 20, 2007 Agenda Item Summary INTERLOCAL AGREEMENT BETWEEN THE CITY AND CRA FOR PLAN REVIEWER II POSITION Attached please find the Interlocal Agreement between the City and the CRA for funding of the Plan Reviewer II position in the Community Improvement Department. As provided in the attached agreement, the plan reviewer will review building permit plans for CRA projects and projects within the CRA District. In addition, the reviewer will give priority to CRA and CLT sponsored projects. The amount requested is $67,200. The language in the agreement allows for it to be renewed automatically each year, with any increases to be addressed during the normal budget process. Recommended Action: Approve the Interlocal Agreement with the City for funding of the Plan Reviewer II position. Submitted By: _Jeffrev A. Costello, Assistant Director INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF A PLAN REVIEWER II POSITION THIS AGREEMENT is made this day of , 2007 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 CRA wishes the CITY to prioritize its projects for plan review and permit approval by funding a plan reviewer II position in the Community Improvement Department; and WHEREAS, the both parties desire to assist one another in providing and obtaining the services as more specifically set forth in this Agreement. 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 prioritize CRA projects for plan review and permit approval based on the additional plan reviewer II position. The CRA Executive Director or her designee will participate in the interview and selection process. 3. The plan reviewer II shall perform the following duties: • Review building plans for projects located within the CRA District. • Provide expedited review of plans for CRA and CLT sponsored projects. • Provide a quarterly status report to the CRA regarding the status of plans and projects reviewed. 4. The term of this Agreement shall commence October 1, 2007 and terminate on September 30, 2008. However, it shall automatically renew on an annual basis provided that funding for the position is set forth in the CITY and CRA budgets, and those budgets are approved. Either party may cancel the agreement if it provides written notice to the other party, at least 30 days prior to renewal, of its intent to cancel this Agreement. 5. During the first year of the Agreement, the CRA shall pay to the CITY up to $67,200.00 for the services provided by the CITY, payable in quarterly increments, with October 1st as the commencement of the first quarter. No later than May 30th of each year during the term of this Agreement, the CITY shall provide notice to the CRA of the amount of additional funds that will be necessary for the CRA to pay to the CITY for the following fiscal year to fund the position. Following receipt of the notice from the CITY, the CRA's Executive Director shall advise the CITY whether the CRA will fund the additional costs in the CRA budget for the position for the following year, or terminate the Agreement. 6. The City shall provide the CRA with a quarterly report documenting the CITY's expenditures related to the Plan Reviewer II Position, and the use of funds by the CITY. The report shall be provided to the CRA Executive Director no later than five (5) days prior to the end of each quarter (December 31st, March 31st, June 30th, and September 30th). In the event the CITY fails to provide the required reports, the CRA will have the discretion to withhold payment of any funds until receipt of the report. 2 7. This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. 8. No prior or present agreements or representation with regard to any subject mater 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 hereof. 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. 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 until signed by the Mayor and the City Clerk. ATTEST: City Clerk Approved as to Form: City Attorney CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor 3 ATT T: Diane Colonna, Executive Director STATE OF FLORIDA COUNTY OF PALM BEACH COMMUNITY REDEVELOPMENT AGENCY ~~ By: ~ , !~ Frank Wheat, Chair The foregoing instrument was acknowledged before me this ~~ day of S cP~ f /hhY.v 200_, by ~~ /~~/~ ~,cJi~t,~-~' as /f-~.a n~, ~r.~-' (name of officer or agent, title of officer or agent), of ~~ ~~~ 3f~ur C ~ ~ (name of corporation acknowledging), a ~trr~~-~,O~t (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type o I en I Icatlon) as identification. ~~.rr~ JEAN MOOREFIELD ~ 8s MY COMMISSION ~ DD44345b ~jq.~ ape EXPIRES: June 22, 2009 (gp713li8-015S Florida Notary Sarvfca.com DNT:dnt Nota Public -State f Florida H:120061060018 DBCRAIAGMT 200711nterlocal Agreement City CRA plan reviewer II 9 11 07 (2).doc 4~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS DAVID T. HARDEN, CITY MANAGER FROM: SUSAN A. RUBY, CITY ATTORNEY DATE: SEPTEMBER 21, 2007 SUBJECT: AGENDA ITEM # V ~ ~ REGULAR MEETING OF OCTOBER 2~ 2007 INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COIVIIVIUNITY REDEVELOPMENT AGENCY FOR PLANNING AND OTHER SERVICES ITEM BEFORE COMMISSION Approval of an Interlocal Agreement between the City of Delray Beach and the Community Redevelopment Agency for Planning and Other Services BACKGROUND Attached please fmd the Interlocal Agreement between the City and the CRA for the provision of planning and other services. Under the agreement, the CRA pays the City for planning, mapping, parking management, and computer network services. The amount to be paid to the City is $115,500. The language in the agreement allows for it to be renewed automatically each year, with any increases to be addressed during the normal budget process. 'The CRA approved the Interlocal Agreement at their meeting of Thursday, September 20, 2007, subject to City Commission approval. RECOMMENDATION City Staff recommends approval of the Interlocal Agreement Between the City and the CRA for Planning and Other Services. cc: Doug Smith, Assistant City Manager Chevelle Nubin, City Clerk Jeff Costello, Assistant Director of the CRA Meeting Date: September 20, 2007 Agenda Item: Summary INTERLOCAL AGREEMENT BETWEEN THE CITY AND CRA FOR PLANNING AND OTHER SERVICES Attached please find the Interlocal Agreement between the City and the CRA for the provision of planning and other services. Under the agreement, the CRA pays the City for planning, mapping, parking management, and computer network services. The amount requested is $115,500. The language in the agreement allows for it to be renewed automatically each year, with any increases to be addressed during the normal budget process. Recommended Action: Approve the Interlocal Agreement with the City for Planning and Other Services. Submitted By: Jeffrey A. Costello, Assistant Director INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR PLANNING AND OTHER SERVICES TH1S AGREEMENT is made this day of , 2007 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 implementation of plans and projects contained in the CRA's Community Redevelopment Plan requires sign cant input and assistance from the City's Planning and Zoning Department; and WHEREAS, the continuing services of a Parking Management Specialist is needed to address parking issues in the redevelopment area; and WHEREAS, the continuing services of the Information Technology Division is needed to provide assistance in the maintenance of the CRA computer network system; and WHEREAS, the both parties desire to assist one another in providing and obtaining the services as more specifically set forth in this Agreement. 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 Master Plan, Southwest Area Neighborhood Plan, Osceola Park Neighborhood Plan, West Atlantic Redevelopment Plan, as well as plans for other areas within the CRA District. 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. D. The CITY shall pay the cost of supplies except for reproduction costs of final plans. E. The CITY shall provide the CRA with computer network services through the use of CITY employees. In the event that the CITY cannot provide the requested service through the use of CITY employees, the CITY shall advise the CRA that the CITY cannot provide the requested service. The CRA will then have the right to obtain the service from an outside con#ractor. 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, 2007 and terminate on September 30, 2008. However, it shall automatically renew on an annual basis provided that funding for the position is set forth in the CITY and CRA budgets, and those budgets are approved. Either party may cancel the agreement if ~ provides 2 written notice to the other party, at least 30 days prior to renewal, of its intent to cancel this Agreement. 5. During the first year of this Agreement, the C[RA shall pay to the CITY up to $115,500.00 for the services provided by the CITY, payable in $28,875.00 increments quarterly, with October 1st as the commencement of the first quarter. No later than May 30th of each year during the term of this Agreement, the CITY shall provide notice to the CRA of the amount of additional funds that will be necessary for the CRA to pay to the CITY for the following fiscal year to fund the position. Following receipt of the notice from the CITY, the CRA's Executive Director shall advise the CITY whether the CRA will fund the additional costs in the CRA budget for the position for the following year, or terminate the Agreement. 6. The City shall provide the CRA with a quarterly report documenting the CITY's expenditures related to the provision of planning and other services provided pursuant to this Agreement, and the use of funds provided by the CRA to the CITY. The report shall be provided to the CRA Executive Director no later than five (5) days prior to the end of each quarter, which end on December 31st, March 31~t, June 30th, and September 30th, respectively. In the event the CITY fails to provide the required reports, the CRA will have the discretion to withhold payment of any funds until receipt of the report. 7. This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. 8. No prior or present agreements or representation with regard to any subject mater contained within this Agreement shall be binding on any party unless 3 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 hereof. 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. 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 until signed by the Mayor and the City Clerk. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor Approved as to Form: City Attorney ATTEST: COMMUNITY REDEVELOPMENT AGENCY Diane Colonna, Executive Director (SEAL) STATE OF FLORIDA By: Frank Wheat, Chair 4 COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 200 , by as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging}, a (state or place of incorporation) corporation, on behaff of the corporation. He/She is personally known to me or has produced (type of ident~t^,ation} as identification. Notary Public -State of Florida H:120081060018 DBCRAIAGIIAT 2007Unteriocat Agreement City CRA Planning Services 9-1407.doc 5 1~~~~" MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS DAVID T. HARDEN, CITY MANAGER FROM: SUSAN A. RUBY, CITY ATTORNEY DATE: SEPTEMBER 21, 2007 SUBJECT: INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING OF THE CLEAN AND SAFE PROGRAM ITEM BEFORE COMMISSION Approval of an Interiocal Agreement between the City of Delray Beach and the Community Redevelopment Agency for Funding of the Clean and Safe Program • BACKGROUND Attached please find the Interlocal Agreement between the City and the CRA for Funding of the Clean and Safe Program. In the current fiscal year (FY 2006-07) the CRA funded 60% of the total cost of the program. The funding request for next year is for 100% of the costs of the program ($$70,000} for community policing, code enforcement and maintenance activities in the downtown area. This year's request also included the addition of two (2) Police Officers and one (1) Code Enforcement O#I"iicer. In addition to the personnel costs, the funding will also pay for equipment purchases, landscape materials and street lights. The attached Interlocal Agreement provides for the payment of those funds to the City. It also provides for continued funding of those activities as long as the CRA agrees to allocate those dollars in its annual budget. The CRA approved the Interlocal Agreement at their meeting of Thursday, September 20, 2007, subject to City Commission approval. RECOMMENDATION City Staff recommends approval of the Interlocal Agreement Between the City and the CRA for Funding of the Clean and Safe Program. cc: Doug Smith, Assis~nt City Manager Chewelle Nubin, City Clerk Jeff Costello, Assistant Director of the CRA Meeting Date: September 20, 2007 Agenda Item Summary INTERLOCAL AGREEMENT BETWEEN THE CITY AND CRA FOR CLEAN & SAFE PROGRAM FUNDING Attached please find the Interlocal Agreement between the City and the CRA for the Clean and Safe Program funding. In the current fiscal year (FY 2006-07) the CRA funded 60% of the total cost of the program. The funding request for next year is for 100% of the costs of the program ($870,000) for community policing, code enforcement and maintenance activities in the downtown area. This year's request also included the addition of two (2) Police Officers and one (1) Code Enforcement Officer. In addition to the personnel costs, the funding will also pay for equipment purchases, landscape materials and street lights. The attached Interlocal Agreement provides for the payment of those funds to the City. It also provides for continued funding of those activities as long as the CRA agrees to allocate those dollars in its annual budget. Recommended Action: Approve the attached Interlocal Agreement for funding the Clean & Safe Program. Submitted By: Jeffrev A. Costello, Assistant Director INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING OF THE CLEAN AND SAFE PROGRAM THIS AGREEMENT is made this day of , 2007, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "CRA"). WITNESSETH: WHEREAS, the CITY OF DELRAY BEACH has initiated a Clean and Safe Program within the Downtown Development Authority ("DDA") District to enhance the maintenance of physical improvements and security in the Downtown area; and WHEREAS, the DDA district exists within a portion of the CRA district; and WHEREAS, enhanced maintenance and security in the Clean and Safe area supports the mission of the CRA and property values therein; and, WHEREAS, the CRA has agreed to support the program by funding all or a portion of the cost of maintaining physical improvements and security in the Clean and Safe District as described herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitations: The recitations set forth above are hereby incorporated herein. 2. Applicability: The CRA hereby agrees to fund costs for maintenance and security in the Clean and Safe District which includes the Downtown Development Authority District from A-1-A to I-95. Funding can be used to supplement personnel and fringe benefit costs, equipment costs, supplies and material costs, repair parts and landscape materials. It is understood that funding provided by the CRA cannot be used for funding of vehicles. 3. Funding and Future Funding: The CRA agrees to fund Clean and Safe program costs in the amount of Eight Hundred Seventy Thousand Dollars ($870,000.00} for fiscal year 2007-2008. Payments will be made on a quarterly basis with October 15t as the commencement date for the first quarter. The parties acknowledge that while it is the CRA's intention to continue to provide funding for such maintenance and security in the future, the CRA shall be under no obligation to provide funds thereafter and such action shall be solely discretionary with its Board on an annual basis. Thereafter in the event the CRA approves and budgets for the program in subsequent fiscal years, payments will continue to be made on a quarterly basis. 4. Reporting: The CITY shall provide the CRA with a quarterly report documenting the CITY's expenditures related to the Clean and Safe Program, and the use of funds by the CITY. The report should detail police activity (i.e. number of arrests and type of arrests), code enforcement activity (number of citations issued), and. maintenance expenses. The report shall be provided to the CRA Executive Director no later than five (5) days prior to the end of each quarter (December 31st, March 31st, June 30th, and September 30th). In the event the CITY fails to provide the required 2 reports, the CRA will have the discretion to withhold payment of any funds until receipt of the report. 5. Agreement to be Recorded: This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. 6. Modifications: 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. 7. Severability: 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 hereof. 8. Governing Laws: 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. 9. Assignment: Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. 10. Effective Date: This Agreement shall not be valid until signed by the Mayor and the City Clerk, and shall be effective through September 30, 2008 and thereafter on an annual basis, unless otherwise mutually terminated or amended. 3 ATTEST: City Clerk Approved as to Form: City Attorney ATTEST: a Colonna, E ecutive Dire for (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor COMMUNITY REDEVELOPMENT AGENCY By: ~ r Frank Wheat, Chair The foregoing instrument was acknowledged before me this o~~ /i- day of ,~ E ai ~ ~ ~ r.~- 2007, by ~~~;~ lcJ/tf ~'~-r as ~'~~, ti ~ ~ (name of officer or agent, title of officer or agent), of ~` ~~--yy ,~~-~~ ` ~ ~. (name of corporation acknowledging), a J~y:ub.~- (state or place of incorporation) corporation, on behalf of the corporation. He/She is personal) known to me or has produced _ (type of identi ication) as identification. ~rrxc ,,~.c~Z ~*~'~ JEAN MOOREFIELD ~ Nota ublic -State f Florida ~ MY COMMISSION of DD443456 '~Of 4>•~~ E7CPIRFS: June 22, 20D9 DNT: nt~.~n~l~ ~~~~~~..~ H:120061060018 DBCRAWGMT 200711LA City CRA re funding clean safe program (2).doc 4 MEMORA1vnuM TO: MAYOR AND CITY COMMISSIONERS (~~,~ ~~ DAVID T. HARDEN, CITY MANAGER l~ " ,~S`5~'"` FROM: SUSAN A. RUBY, CITY ATTORNEY J DATE: SEPTEMBER 21, 2007 SUBJECT: INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING CONSTRUCTION/PROFESSIONAL SERVICES ITEM BEFORE COMMISSION Approval of an Interlocal Agreement between the City of Delray Beach and the Community Redevelopment Agency for Funding Construction/Professional Services. BACKGROUND The implementation of many of the projects contained in the CRA Plan, particularly the public infrastructure projects resulting from the Downtown Master Plan and Southwest Neighborhood Plan, require a joint City/CRA effort. The typical arrangement involves the CRA funding all or a portion of the project, and the City's Engineering or other staff overseeing the bidding and construction processes. Once funded, the projects are included in the City's CIP (Capital Improvement Plan). The attached interlocal agreement with the City formalizes the CRA's commitment to fiord these projects. Funds will be transferred to the City at the time that a contract is awarded for the work. Exhibit "A" of the agreement lists the projects and funding amounts for FY 07/08. The CRA approved the Interlocal Agreement at their meeting of Thursday, September 20, 2007, subject to City Commission approval. RECOMMENDATION City Staff recommends approval of the Tnterlocal Agreement Between the City and the CRA for Funding Construction/Professional Services. cc: Doug Smith, Assistant City Manager Chevelle Nubin, City Clerk Jeff Costello, Assistant Director of the CRA Meeting Date: September 20, 2007 Agenda Item: Summary INTERLOCAL AGREEMENT BETWEEN THE CITY AND CRA FOR FUNDING CONSTRUCTION/PROFESSIONAL SERVICES The implementation of many of the projects contained in the CRA Plan, particularly the public infrastructure projects resulting from the Downtown Master Plan and Southwest Neighborhood Plan, require a joint City/CRA effort. The typical arrangement involves the CRA funding all or a portion of the project, and the City's Engineering or other staff overseeing the bidding and construction processes. Once Banded, the projects are included in the City's CIP (Capital Improvement Plan). The attached interlocal agreement with the City formalizes the CRA's commitment to fund these projects. Funds will be transferred to the City at the time that a contract is awarded for the work. Exhibit "A" of the agreement lists the projects and funding amounts for FY 07/08. Recommended Action: Approve the Interlocal Agreement with the City of Delray Beach for funding of Joint Projects for Fiscal Year 07/08. Submitted By: Jeffrey A. Costello, Assistant Director INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING CONSTRUCTION/PROFESSIONAL SERVICES THIS AGREEMENT is made this day of , 2007, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "CRA"). WITNESSETH: WHEREAS, the CITY will be performing various construction projects located in the CRA district and as shown on Exhibit "A"; and WHEREAS, the CRA is providing funding for the projects in the amount listed on Exhibit "A"; and 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 CRA shall provide funding to the CITY in the amounts listed and for the projects listed on Exhibit "A". Such payment shall be made to the CITY upon the bid award to the contractor. A change order will not require an amendment to this Agreement. 3. The CITY shall provide a written request to the CRA for approval of any change order that will result in an increase in the funding to be provided by the CRA. The CITY shall submit the written request to the CRA prior to the execution of any work covered by the change order. Failure to obtain the CRA's approval of the funding for the change order, prior to the execution of the work, shall be a basis for the CRA to deny additional funding to the CITY for the project identified in the change order. 4. The term of this Agreement shall commence upon execution by both parties and shall continue until either party delivers written notice to the other party of its intent to terminate this agreement or 60 days after the City receives the final invoice from the contractor or professional for all of the projects listed on Exhibit "A", provided however, once the City has executed a contract with a contractor or professional the CRA shall not be allowed to withdraw its funding for that particular project. If the CITY terminates this Agreement the CITY shall refund to the CRA any funding that was provided to the CITY but was not paid to the contractor or professional. 5. Once the CRA provides any funding for the projects identified in Exhibit "A", the CITY shall provide the CRA with monthly reports detailing the progress of the projects, including the contract amount, the amount of funds paid to the contractor, and the total of any change orders related to the project. 6. The CITY shall insure that all publicity, public relations, advertisements and signs recognize the CRA for the support of all activities conducted with the funds provided by the CRA. The use of the CRA logo is permissible, but all signs used to publicize CRA contracted activities must be approved by the CRA Executive Director or her designee prior to being posted. Upon request by the CRA, CITY shall provide proof of the use of the CRA logo as required by this paragraph for projects funded pursuant to this Agreement. 2 7. This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11 } of the Florida Statutes. 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 hereof. 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. 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 until signed by the Mayor and the City Clerk. ATTEST: CITY OF DELRAY BEACH, FLORIDA City Clerk Approved as to Form: City Attorney By: Rita Ellis, Mayor 3 ATTEST: Diane onna, Executive Director (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH COMMUNITY REDEVELOPMENT AGENCY By: Frank Whe ,Chair The foregoing instrument was acknowledged before me this ~~~ day of Sip rf,~,,3 ~, 2007, by rr2A-,~~. lc~irfh--~ , as G~7`.9-<~~,:~,.~ (name of officer or agent, title of officer or agent), of ~-~ ~~ SRC<~ C .< <~- (name of corporation acknowledging), a L ~o~ (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. ,~~sr~ 3EA1~1 MppREFtELD MY COMMISSION # Dpg43456 91~e4~ EXPIRES: June 2'L, 2(ID9 Florida Nobly 3emn°.com (qp7) 388-0153 t/' I' / / Nota ublic -State Florida DNT:dnt H:120061060018 DBCRAIAGMT 2007111A Funding Construction Professional Services 9 11 07.doc 4 EXHIBIT A Fiscal Year 2007-2008 Projects °_ Project Name -- -- - ~ amount of CRA Fi~ndinU II A _ West Atlantic Avenue Beautification - SW/NW 6~' Avenue to SW/NW 12`h Avenue $1,500.000.00 B SE/NE 15t Street One-way Pair Conversion $ 200,000.00 C Gateway Feature (FHBC Grant Landscaping} $ 350,000.00 D Cultural Loo /MLK Blvd $ 75,000.00 E Sunshine Park $ 160,000.00 F SE/NE 5` & 6 Avenue Federal Hwy Pairs -George Bush Blvd to SE 10 Street Tem orary Modifications $1,000,000.00 G SW 14 Avenue Beautification -Street & Alley Im rovements $ 400,000.00 H Osceola Park $ 800,000.00 I Streets and Alley Improvements (SW 2nd Ave- Between Atlantic Ave & SW 15i St, US1 & Dixie Connector) $ 502,000.00 4~- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS DAVID T. HARDEN, CITY MANAGER FROM: SUSAN A. RUBY, CITY ATTORNEY DATE: SEPTEMBER 21, 2007 SUBJECT: AGENDA ITEM # ~ ~ ~ REGULAR MEETING OF OCTOBER 2, 2007 INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR IN-HOUSE PROJECT MANAGEMENT SERVICES ITEM BEFORE COMMISSION Approval of an Interlocal Agreement between the City of Delray Beach and the Community Redevelopment Agency for In-House Project Management Serviceso BACKGROUND Attached please find the Interlocal Agreement between the City and the CRA for funding of the Project Manager position in the Environment Services Department. The position is housed in the Engineering Division and manages CRA projects generated from all of the adopted plans (i.e. Downtown Master Plan, SW Area Neighborhood Plan, Osceola Park Redevelopment Plan, etc). The Project Manager oversees projects in the CRA area, such as the conversion of the one-way pair system, pazk and street improvements in the SW neighborhood, beautification and traffic calming in Osceola Park, etc. The position helps keep the projects on schedule and ensure that they are properly coordinated and managed. The total to be paid to the City is $78,750. The language in the agreement allows for it to be renewed automatically each yeaz, with any increases to be addressed during the normal budget process. The CRA approved the Interlocal Agreement at their meeting of Thursday, September 20, 2007, subject to City Commission approval. RECOMMENDATION City Staff recommends approval of the lnterlocal Agreement Between the City and the CRA for In- House Project Management Services. cc: Doug Smith, Assistant City Manager Cheveiie Nubin, City Clerk Jeff Costello, Assistant Director of the CRA Meeting Date: September 20, 2007 Agenda Item Summary INTERLOCAL AGREEMENT BETWEEN THE CITY AND CRA FOR IN-HOUSE PROJECT MANAGEMENT SERVICES Attached please find the Interlocal Agreement between the City and the CRA for funding of the Project Manager position in the Environment Services Department. The position is housed in the Engineering Division and manages CRA projects generated from all of the adopted plans (i.e. Downtown Master Plan, SW Area Neighborhood Plan, Osceola Park Redevelopment Plan, etc). The Project Manager oversees projects in the CRA area, such as the conversion of the one-way pair system, park and street improvements in the SW neighborhood, beautification and traffic calming in Osceola Park, etc. The position helps keep the projects on schedule and ensure that they are properly coordinated and managed. The total requested is $78,750. The language in the agreement allows for it to be renewed automatically each year, with any increases to be addressed during the normal budget process. Recommended Action: Approve the attached Interlocal Agreement between the City and CRA for Project Management Services. Submitted By: Jeffrey A. Costello. Assistant Director INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR IN-HOUSE MANAGEMENT SERVICES THIS AGREEMENT is made this day of , 2007 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY REDEVELOPNIIENT 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 project manager in the CITY's engineering department; and WHEREAS, both parties desire to assist one another in providing and obtaining the services as more specifically set forth in this Agreement. 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 project management services to the CRA relating to the project management of certain projects located in the CRA district that include, but are not limited to, the Downtown Master Plan, Southwest Area Neighborhood Plan, Osceola Park Neighborhood Plan, North Federal Highway Redevelopment Plan, as well as plans for other areas within the CRA District. B. The CITY shall provide for the shared use of the services of a Project Manager. 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, 2007 and terminate on September 30, 2008. However, it shall automatically renew on an annual basis provided that funding for the position is set forth in the CITY and CRA budgets, and those budgets are approved. Either party may cancel the agreement ifi it provides written notice to the other party, at least 30 days prior to renewal, of its intent to cancel the agreement. 5. During the first year of the Agreement, the CRA shall pay to the CITY up to $78,750.00 for the services provided by the CITY, payable in quarterly increments, with October 1st as the commencement of the first quarter. No later than May 30th of each year during the term of this Agreement, the CITY shall provide notice to the CRA of the amount of additional funds that will be necessary for the CRA to pay to the CITY for the following fiscal year to fund the position. Following receipt of the notice from the CITY, the CRA's Executive Director shall advise the CITY whether the CRA will fund the 2 additional costs in the CRA budget for the position for the following year, or terminate the Agreement. 6. The CITY shall provide the CRA with a quarterly report documenting the CIT1('s expenditures related to this Agreement, and the use of funds by the CITY. The report shall be provided to the CRA Executive Director no later than five (5} days prior to the end of each quarter (December 31st, March 31st, June 30th, and September 30th). In the event the CITY fails to provide the required reports, the CRA will have the discretion to withhold payment of any funds until receipt of the report. 8. This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. 9. No prior or present agreements or representation with regard to any subject mater contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modfication to this Agreement shall be in writing and executed by the parties. 10. 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 hereof. 11. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shat! be in Palm Beach County, Florida. 12. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. 3 13. Clerk. ATTEST: This Agreement shall not be valid until signed by the Mayor and the City City Clerk Approved as to Form: City Attorney ATTEST: Diane Colonna, Execu#ive Director (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor COMMUNITY REDEVELOPMENT AGENCY By: Frank Wheat, Chair The foregoing instrumen# was acknowledged before me this day of 200_, by as (name of officer or agent, title of officer or agen#), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Notary Public ~ State of Florida DNT:dnt H:120061060018 Dt3CRA1AGAAT 2007Unte~tocal Agn3ement Inhouse project management 9.07.07.doc 4 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~FC/M ~I-Ss" DATE: SEPTEMBER 28, 2007 SUBJECT: AGENDA ITEM # ~ ~ ~ -REGULAR MEETING OF COTOBER 2.2007 RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the Commission for ratification of an appointment to the Parking Management Advisory Board. BACKGROUND On August 20, 2007, the Planning & Zoning Board appointed Mr. Chazles Halberg as their representative on the Parking Management Advisory Boazd for a two (2) year term ending August 31, 2009. The Pazking Management Advisory Board was established by Resolution No. 88-97 on December 9, 1997. The purpose of the Boazd is to advise and provide recommendations to the City Commission regarding pazking management policy and related issues including but not limited to, the planning, financing, development, construction and operation of parking facilities within the boundaries of the Transportation Concurrency Exception Area (TCEA), as well as, all public pazking azeas located along State Road AlA within the corporate limits of the City. A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and he is registered. RECOMMENDATION Recommend City Commission approve and ratify the appointment of Mr. Charles Halberg as representative of the Planning & Zoning Board for a two (2) year term ending August 31, 2009. Planning & Zoning Department MEMORANDUM TO: Venice Cobb cc: Paul Dorling, AICP DATE: August 28, 2007 FROM: Denise Valek SUBJECT: Parking Mana ement Advisory Board At the August 20, 2007 Planning & Zoning Board Meeting, Mr. Chuck Halberg was appointed liaison to the Parking Management Advisory Board. PARHING MANAGEMENT ADVISORY BOARD 09/07 TERM MEMBERS CATEGORY TELEPHONE EXPIRES 08/31 /09 Charles Halberg P & Z Home: 637-0136 Appt oa/2o/o7 4870 S. Classical Blvd. Office: 498-1112 Ratified Delray Beach, FL 33445 Cell: 441-2990 Fax: 637-7902 08/01 /08 David Cook Chamber of Office: 276-4194 Appt o7/la/o6 901 SW 33`d Place Commerce Home: 732-4193 Ratified 08/15/06 Bo nton Beach FL 33435 y ~ Fax: 276-4190 07/01 /09 William Branning CRA Office: 272-6350 Appt 07/26/07 1461 SW 15~' Street Home: 368-1958 Ratified 08/21/07 Boca Raton, FL 33486 Cell: 350-7552 Fax: 272-7440 09/30/08 Peter Perri WARC Home: 243-6360 Unexp Appt 05/10/06 65-H NE 4~' Avenue Cell: 441-1175 Ratified 07/11/06 Reappt09/13/06 Delray Beach, FL 33483 Fax: 243-0043 Ratified ]2/12/06 08/01 /08 Herman Stevens DDA Office: 278-1988 Unexp Appt o6/12/06 75 SW 5~' Avenue Home: 272-7477 Ratified 07/11/06 Reappt o7/20/06 Delray Beach, FL 33444 Ratified 09/05/06 The representatives above are ratified by the Ciry commission. The re resentarives below area ointed b the Ci Commission. 01 /31 /08 Mark Denkler Atlantic Avenue Corridor Office: 276-6570 Appt02/21/06 320 NW 9`~ Street Between Swinton Avenue Home: 265-4745 Delra Beach, FL 33444 and the Intracoastal Fax: Ol /31 /08 Atlantic Avenue Corridor Unexp Appt Between Swinton Avenue Vacant and Interstate 95 Ol /31 /08 Bonnie Beer Atlantic Avenue and State Office: 274-8898 x-12 Unexp Appt 05/01/07 34 South Ocean Blvd. Road AIA Corridors and Home: 733-4203 Dekay Beach, FL 33483 lying East of the Cell: 271-5835 Intracoastal Waterwa Fax: 274-9957 01 /31 /08 Cecelia Boone Old School Square Office: 302-8978 Unexp Appt o3/21/06 220 NE 15` Street Historic Arts District Home: 302-8978 Delray Beach, FL 33444 Fax: 278-6221 Email: O1 /31 /09 Nancy Schneider Citizen-at-Large Home: 265-3236 Appt01/07/03 41 East Road Cell: 305-720-4464 Reappt0l/04/05 Delra Beach, FL 33483 Email: 01/31/09 Troy Wheat Citizen-at-Large Office: 243-2219 Appt 01/06/04 Unexp Smith Barney Home: 737-1308 Reappt0l/04/05 Reappc o1/02/07 ~ 55 NE 5 Avenue, Suite 400 Fax: 243-2250 Delray Beach, FL 33483 Email: Troy.d.wheat ,smithbarne~ e com Contact: Scott Aronson -Parking Management Specialist 243-7286 Commission Liaison: Commissioner Gary Eliopoulos PARKING MANAGEMENT ADVISORY BOARD ALTERNATE MEMBERS 09/07 MEMBERS CATEGORY TELEPHONE EXPIRES 08/31 /08 Joe Pike ffice: 274-6500 Appt o8/]a/o6 315 Lake Eden Way & Z Home: 243-0060 Ratified ]0/3/06 Delray Beach, FL 33444 ell: 706-6360 08/01/08 hamber of Commerce avant 07/01/08 Peter Arts ffice: 395-1433 Appt 06/°8/06 1746 Fern Forest Place RA ome: 637-3640 Ratifieao7/]]/06 Delray Beach, FL 33445 ell: 703-4770 ax: 395-4755 09/30/08 eginald Cox ffice: 265-1030 Unexp Appt OG/]4/06 15 NW 2"d Street ARC ome: 272-8805 Ratified 07/1]/06 Reappt 09/13/06 elray Beach, FL 33444 ell: 573-1131 Ratified tz/12/o6 ax: 265-1131 08/01 /08 ran Marincola ffice: 274-8898 Appt o7/z°/o6 138 Vista Del Mar Drive DA ome: 274-4455 Ratified oa/15/o6 elra Beach FL 33483 y ell: 251-5885 ax: 274-6778 Contact: Scott Aronson -Parking Management Specialist 243-7286 Commission Liaison: Commissioner Gary Eliopoulos J V 1 L~ V! VL V f r+ DELRAY BEACH All-America City • 1 ~ ~ u X993 ZOO"] V11V V/~ JV 1 ~VJLV i T ~~y+ t.. y ~~`~~ 1 ~ 2 y ~p0 CITY OF DELRAY BEACH Jv ~~,~-''~ °°~ BOARD MEMBER APPLICATIOI~~~ Please type orpruat the follo~t,•ing information: >/a9~'9 1. Last Name: Halberg First Name: Chuck I~~1. I. 2. Horne Address: 4870 S. Classical Blvd City.: Delray Beach State: FL Zip Code: 33445 3- Legal Residence: Same City State Zip Code 4. Principal Btuuless Address: 200 Congress Park Drive Suite 206 CitZ- Dell-ayBeach State: FL Zip Code: 33=145 5. Home Phone: 561-637-0136 Btuiness Phone: 561- 498-111? E-Mail Address: chalberga bellsouth.nec Cell Phone: 561- 441-?990 Fay: 561-637- 790? 6. Date of Birth: May 3, 1957 7. Are }-ou a registered voter? Yes If so, where are you registered? Delray Beach Precinct =1050 8. ~~'hat Board(s) are ~-ou uiterested in seiz-ingr Please list ui order of preference: Plaruung & Zonng 9. List all Gt}rBoards on R-hich you are ctu-rently serving or have previo~uly-served: (Please include dates Board of Consuziction Appeals 2004 Plaruiing £t Zoning Board 2005-2007 E~ectuive Board Delc~ay Beach Chamber of Corrunerce Vice Chao- of Govermnent Affail-s Ch:urrbcr of Commerce 10- Educational gtt~ilifications: High School graduate 1975 Numerous seminars and continuing education courses 11. List any related professional certifications and licenses which you hold: State of Florida Certified General Contractor 1985 12. Give your present, or most recent employer, and position: "''he Holiday Organization, Vice President 13. Describe etperiences, skills or kno~-ledge which qualify~ou to sen•e on this board: (Please attach a brief restune) JU 1 GT V f VL V 7 r+ V I IVI.n .~..~~JJLV.~ r_` Seeaaached I hereby certify than all the abo~-e starements are uue, and I agree and understand that :uiy n~statement of material facts contauae~!'',,9E1 ~ aa~p~~;~Aty~n ~1 'catize forfeit ire upon m~>part of am-appointtnent I ma}-recei~e. p' I S1GNA ~ DATE Note: This application ~~ll remiin on file in the Cit}~Clerk's Office for a period of 2 }-ears from the date 1L ~'aS subnurted. It .'ill be the applicant's responsibilit4 to ensure that a cuiYent applicauon ~s on file. JU1 ~4 U•! U~: UtiP C;t'IUCK 5614UU~ti14 lo_ U 4~{?0 S. Classical Blvd. Phone >(;I-6?_l?ll, DeL'ay Beach, FL 3;~J4~ Fax ~~l-Vi?-~yi)2 L•-mail chalbrr,,•i~lbrllsouth.nrt CHARLES (CHUCK) HALBERG _ _ccreditations Certified General Contractor State of Florida ,4ctiye sine 19S6 Objectives To provid:: Ill}' ~Otllmnlllt\•' wlth a resldP.ntlal homebuilder whose commiUUent is to quality and care,~nnd to be an active participant in the development, growth and continued success of my community. Recent Civic Involvement Current member Dehay Beach Planning and Zoning Board Past member Delra}° Beach Board of Constntction Appeals Current Board of Director the Delray Beach Chamber of Commerce Cun-ent Vice Chairman of Delray Beach Chamber of Commerce Goy~rnntent Affairs Current Member of Del-ray Beach Chamber oi•Commerce Chairmans Club Current Board of Director The Friends of Delray Current Board of Director DELP.=~C Cun-ent Board of Director The Colony at Delray HC?A Past Participant Deh-ay Beach Race Relations Study Group Past Participant 2007 Leadership Delray ~~ ork B~perience 199,'- Present Vice President for The Holiday Organization, Deh-ay Beach, FL CutYent projects include: Colon~~ Palms in Delray Beach, 43 luxury town homes Co1on~~ Lake in Lai:e North, S; luxut~• town homes Colony at Lake North, upcoming 240 town homes Past Projects include: Colony at Boynton Beach- 159 single family homes Colony at Delray Beach- 1 Sl single ftmily homes Colony Cluh Apartments- ? 14 rental apartments and town homes Colony Presen•e at Boynton Beach- 143 single family homes *Oversee varyine person office staff (10-23) including sales, construction and customer service *Establish and control budgets and payments to subcontractors and suppliers *P[ans and pern~ittino includin~~ site plan approval, am~nciments, water, sewer, paving and drainage. and building permits *Assist in design of house plans *Value engineering of plans '`Scheduling and quality control ] 993-1997 Arvida Homes, ~1•'eston, .FL 199?-1993 Quality Construction, Deerfield Beach, FL 1990-1992 Southeast Architectural, Delray Beach, FL 1984-1990 ~~'eatherford,'' ~t4'allcer, Vl'est Bloomfield, MI 1976-1987 Holtzman & Silverman, Plantation, FL Farmingion Hills, h~II MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: r ~ OBERT A. BARCINSKI, ASSISTANT CITY MANAGER THROUGH: DAVID T. HARDEN, CITY MANAGER DATE: SEPTEMBER 24, 2007 SUBJECT: APPROVAL/TRI-PARTY AGREEMENT BETWEEN THE CITY, PALM BEACH COUNTY AND DELRAY BEACH HISTORICAL SOCIETY ITEM BEFORE COMMISSION City Commission is requested to consider approval of a tri-party agreement between the City, Palm Beach County and Delray Beach Historical Society for funding of a County grant in an amount not to exceed $200,000 for the Hunt House Learning Center and Archival Storage Facility. BACKGROUND Attached is the proposed tri-party agreement which our City Attorney has reviewed and approved as to form. The City is requested to be a party to this agreement since we own the property. The Agency as noted in various sections of the agreement is Delray Beach Historical Society, who would be required to meet the Agency responsibilities. As the Municipality, the City certifies that it will operate and maintain the facility for thirty (30) years, that we will not assign this agreement, if we transfer property ownership we would reimburse the County and that we warrant that the property will serve a public or recreational/cultural purpose and be open to all residents of Palm Beach County at the same cost and availability. FUNDING SOURCE Palm Beach County Recreation and Cultural Facilities Bond RECOMMENDATION Staff recommends approval of the proposed tri-party agreement between the City, Palm Beach County and Delray Beach Historical Society for County funding in an amount not to exceed $200,000. RAB/db Attachment U:\wwdata\P.gendalAgenda Item Approval Tri-Party Agreement between City, PB County & DB Historical Society.doc Page 1 of 2 Smitlt, Douglas From: Barton, Terrill Sent: Tuesday, September 25, 2007 4:52 PM To: Smith, Douglas Cc: Ruby, Susan Subject: RE: Tri-Party Agreement Between City, County, and Historical Society Doug, Yes. Our office has reviewed the agreement for legal sufficiency and form and it meets with our approval. Thank you. Terrill C. Barton, Assistant City Attorney 200 NW 1st Avenue Delray Beach, FL 33444 (561) 243-7090 From: Ruby, Susan Sent: Tuesday, September 25, 2007 4:48 PM To: Barton, Terrill Subject: FW: Tri-Party Agreerent Between City, County, and Historical Society Please respond Susan .~1. Ru6y City Attorney 200 N.W. 1st Avenue Delray Beach, FL 33444 telephone: 561-243-7091 facsimile: 561-278-475 5 email: ruby@ci.delray-beach.fl.us From: Smitfi, Douglas Sent: Tuesday, September 25, 2007 12:04 PM To: Ruby, Susan Subject: Tri-Party Agreement Between City, County, and Historical Society Susan, The above agenda item is scheduled for the October 2 Commission meeting. We received a copy of the agreement signed by the Historical Society. I wanted to confirm that your office has had an opportunity to review the agreement. I can fax over a Dopy if needed. Thanks, Doug Smith Assistant City Manager City of l7elray Beach 100 MVI! 1st Avenue 9/25/2007 0 Mr. Robert Barcinski Assistant City Manager City of Dekay Beach Delray Beach, FL 33444 DELRAI' BEACH HISTORICAL SOCIETY September 12, 2007 Dear Bob, In a reverse case of "the dog ate my homework", the Delray Beach Historical Society discovered yesterday that most, but not all, of our mail since Labor Day has been held as undeliverable because a substitute carrier could not fmd our mail slot at 3 NE 1 ~ Street. Included in the collection was the package mailed on August 30 from the County Department of Pazks and Recreation containing the three party contracts concerning our grant for Hunt House. I have executed three originals of the Agreement on behalf of the Delray Beach Historical Society. Apparently, we need to enter into an undated lease with the City for Hunt House prior to placing the County Contract on the Agenda for approval by the City Commission. It is my understanding that such aCity-to-Society lease exists for Cason Cottage, and the Bungalow (formerly known as "Lavender Shutters"), and it may make sense to prepare amirror-image lease for Hunt House that would go into effect when the building physically rests on its foundation on City property at its new address, l l 1 North Swinton Avenue. Until that time, the Society will remain the legal owner of the building at its current location at 124 NE 5~' Avenue. I know this all sounds confusing, but we aze close to having the project ready to execute. The Society is truly grateful to the State, the County, and to the City for support in saving Hunt House from demolition, and in helping us to create an important new asset for the community. Once you have had a chance to get the paperwork in order, we will need to provide our bank (Northern Trust) with a paper trail on contracts and agreements with all of our grant sources. We have a verbal commitment for a Line of Credit that needs to be backed by the appropriate funding resolutions, contracts, leases, reimbursement schedules, and the like. This needs to include the CRA grant (apparently up for vote later this month), and the City grant as part of the FY 2008 Budget. Please give me a call when it is convenient for us to follow up on any or all of the above. 3 N.E. 1st Street Delray Beach, FL 33444 Telephone: (561) 243-2577 Facsimile: (561) 243-6884 DelrayBeachHistoricalSocietyorg C C~ zZ~-7~~s .. AGREEMENT BETWEEN PALM BEACH COUNTY, THE CITY OF DELRAY BEACH, AND DELRAY BEACH HISTORICAL SOCIETY, INC. FOR FUNDING OF ALEARNING CENTER AND ARCHIVAL STORAGE FACILITY THIS AGREEMENT is made and entered into on , byand between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", the City of Delray Beach, a Florida Municipal Corporation, hereinafter referred to as "MUNICIPALITY", and Delray Beach Historical Society, Inc., a Florida not-for-profit corporation authorized to do business in the State of Florida, hereinafter referred to as "AGENCY ". WITNESSETH: WHEREAS, AGENCY previously owned a historic dwelling ("Hunt House"), which was formerly located at 124 N.E. 5'h Avenue in Delray Beach; and WHEREAS, AGENCY moved Hunt House to a new location at 111 N.E. Swinton Avenue in Delray Beach, which is owned by the MUNICIPALITY; and WHEREAS, AGENCY then donated the Hunt House to MUNICIPALITY and leased it back from MUNICIPALITY through a long term lease; and WHEREAS, AGENCYdesires to restore the Hunt House dwelling and construct an attached environmentally secure storage annex, also leased to AGENCY by MUNICIPALITY, and to operate the combined facility as a Learning Center and Archival Storage Facility, hereinafter referred to as "the Project" at said location; and WHEREAS, AGENCY and MUNICIPALITY have asked COUNTYto financially participate in the relocation and construction of the. Project; and WHEREAS, on November 5, 2042, a bond referendum was passed by the voters of Palm Beach County for the issuance of general obligation bonds for the purpose of financing the acquisition, construction, and/or improvements to certain recreation and cultural facilities, in the principal amount of $50 Million "the $50 Million Recreation and Cultural Facilities Bond"; and WHEREAS, COUNTY has approved a recreation and cultural facilities project list and proposed funding allocations for the $50 Million Recreation and Cultural Facilities Bond, as amended; and WHEREAS, the Project represents one such recreation/cultural project; and WHEREAS, AGENCY desires to operate and maintain the Project upon its completion; and WHEREAS, the Project shall be open to and benefit all residents of Palm Beach County; and WHEREAS, all parties desire to increase the recreational and cultural opportunities for residents of Palm Beach County and to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties hereto agree as follows: ARTICLE 1: GENERAL Section 1.01 The foregoing recitals are true and correct and are incorporated herein as if fully set forth. Section 1.02 The purpose of this Agreement is to enhance recreational and cultural opportunities for use by the public and thereby provide a mechanism for COUNTY to assist AGENCY in the funding of the Project. Section 1.03 COUNTY will pay to AGENCY a total amount not-to-exceed $200,000 for the construction of the Project as more fully described in the Project Description and Cost Estimate attached hereto and made a part hereof as Exhibit "A". AGENCY recognizes that COUNTY's funding of the Project is being paid from the proceeds oftax- exempt bonds issued by COUNTY. AGENCY agrees to provide COUNTY with a certification, in a form acceptable to COUNTY, from AGENCY's chief financial officer or independent accountant that each cost item for which COUNTY funding is requested .under Article 3 of this Agreement constitutes a capital expenditure. In that regard, an item is considered a capital expenditure where the item has a useful life and benefit beyond one year or extends the Project's use beyond one year. Section 1.04 AGENCY agrees to provide funding in an amount of $300,000 or greaterto complete the Project. The parties .agree that COUNTY shall provide its portion of the funding only after AGENCY has expended $300,000. Section 1.05 COUNTY's representative during the design and construction of the Project shall be the Director of Parks and Recreation, Palm Beach County Parks and Recreation Department, telephone no. (561) 966-6685. AGENCY's representative during the construction of the Project shall be Robert W. Ganger, President, Delray Beach Historical Society, Inc., at telephone no. 561-243- 2577, or Stephanie Shipley at the. same office number. Section 1.06 AGENCY shall design and construct the Project upon property owned by MUNICIPALITY, as more fully described in Exhibit "B" attached hereto and made a part hereof. Section 1.07 AGENCY shall utilize its procurement process for all design and construction services required for the Project. Said procurement process shall be consistent with all federal, state and local laws, rules and regulations. COUNTY shall have no contractual obligation to any person retained by AGENCY with regard to the Project. Any dispute, claim, or liability that may arise as a result of AGENCY's procurement is solely the responsibility of AGENCY and AGENCY hereby holds COUNTY harmless for same to the extent permitted bylaw. ARTICLE 2: DESIGN AND CONSTRUCTION Section 2.01 AGENCY shall be responsible for the design and construction of the Project. AGENCY shall design and construct the Project in accordance with Exhibit "A", attached hereto and made a part hereof, and with all applicable federal, state and local laws, rules and regulations. Section 2.02 Prior to or upon execution of this Agreement by the parties hereto, AGENCY shall initiate its procurement process to select the necessary professional engineer and/or architect to perform all engineering and/or architectural design work, including, but not limited to, the preparation of plans, permits and specifications necessary for the design and construction of the Project. 2 Section 2.03 AGENCY shall provide a copy of the engineer's and/or architect's programming phase documents (i.e., site plan, floor plan, elevations, etc.) to COUNTY's Representative for review. COUNTY's Representative shall review said programming phase documents to ensure consistency with the intent of this Agreement. Section 2.04 AGENCY shall be responsible for securing all permits and approvals necessary to construct the Project. Section 2.05 Prior to AGENCY commencing construction of the Project, AGENCY shall provide a copy of all plans and specifications, along with the associated costs thereof, to COUNTY's Representative for review to ensure consistency with the intent of this Agreement. Section 2.06 AGENCY agrees to totally complete the Project and open same to the public for its intended use within twenty four (24) months from the date of execution of this Agreement by the parties hereto. Upon notification to COUNTY at least ninety (90} days prior to that date, AGENCY may request an extension beyond this period for the purpose of completing the Project. COUNTY shall not unreasonably deny AGENCY's request for said extension. Section 2.07 AGENCY shall submit quarterly project status reports to COUNTY's Representative on or before January 10, April 10, July 10, and October 10 during the design and construction of the Project. These Quarterly reports shall include, but not be limited to, a summary of the work accomplished, problems encountered, percentage of completion, and other information as deemed appropriate by COUNTY's Representative. ARTICLE 3: FUNDING Section 3.01 The total not- to-exceed amount as set forth in Section 1.03 hereinabove shall be paid by COUNTYto AGENCYon a reimbursable basis. Anycosts incur-ed in connection with the Project in excess of that amount shall be the sole responsibility of AGENCY. Should the total cost of the Project exceed the amount as projected byAGENCY, AGENCY shall obtain and expend the excess funds required for completion of the Project. COUNTY shall not dispense any funds to AGENCYfor the Project until AGENCY has obtained and expended said excess funds for the Project. Section 3.02 COUNTY shall reimburse project costs under the terms of this Agreement to AGENCY on a quarterly basis from the date of execution of this Agreement; however, should the need arise forAGENCYto be reimbursed on a more frequent basis, then COUNTY will, atAGENCY's specific request for each instance, make its best efforts to reimburse AGENCY within forty five (45) days of such special request. For each requested payment, AGENCY shall provide to COUNTY's Representative a fully completed and executed Contract Payment Request Form and a Contractual Services Purchase Schedule Form, attached hereto and made a part hereof as Exhibit "C". Said forms shall include information listing each invoice as paid byAGENCY and shall include the vendor invoice number; invoice date; and the amount paid byAGENCY along with the number and date of the respective check or proof of payment for said payment. AGENCY shall. attach a copy of each vendor invoice paid by AGENCY along with a copy of each respective check or proof of payment and shall make reference thereof to the applicable item listed on the Contractual Services Purchase Schedule Form. Further, AGENCY's Project Administratorand Project Financial Officer shall certify the total funds spent by AGENCY on the Project and shall also certify that each vendor invoice as listed on the Contractual Services Purchase Schedule Form was paid by AGENCY as indicated. Section 3.03 COUNTY shall retain not less than ten percent (10%) of the total amount allocated to AGENCY for the Project until AGENCY completes the Project and provides COUNTY with either a Certificate of Occupancy or a Project Completion Certification as determined by COUNTY, and COUNTY receives and approves all documentation as required in accordance with this Agreement. COUNTY's representative shall visit the Project site to verify and approve said final reimbursement. Section 3.04 AGENCY shall provide a request for final reimbursement to COUNTY no later than ninety (90) days following completion of the Project and provision of either a Certificate of Occupancy or Project Completion Certification to COUNTY. Section 3.05 COUNTY agrees to reimburse AGENCY an amount not to exceed $200,000 forthose approved pre-agreement costs accruing to the Project subsequent to August 1, 2007, as more fully described in Exhibit "D", Pre-Agreement Cost List. Section 3.06 For construction projects fully funded by COUNTY, no more than 10% of COUNTY's funding for the project shall be used for design and engineering costs for the project and be eligible for reimbursement under this Agreement. For construction projects not fullyfunded by COUNTY, all design and engineering costs associated with the project shall be borne by AGENCY, and will not be eligible for reimbursement from COUNTY. Section 3.07 COUNTY shall reimburse project costs only after AGENCY has expended its share of project funding in its entirety. AGENCY shall provide COUNTY with a certification, in a form acceptable to COUNTY, from AGENCY'S President, CEO, Chairman of the Board, Chief Financial Officer, or independent auditor that AGENCY has complied with this Project funding provision. COUNTY will be entitled to rely on that certification in reimbursing Project costs to AGENCY under this Agreement. ARTICLE 4: OWNERSHIP, OPERATION AND MAINTENANCE OF THE PROJECT Section 4.01 Upon completion, the Project shall remain the property of MUNICIPALITY. COUNTY shall not be required to pay AGENCY any additional funds for any other capital improvement required by or of AGENCY or MUNICIPALITY. Section 4.02 AGENCY hereby warrants and represents that it has full legal authority and financial ability to operate and maintain said Project. AGENCY shall be responsible for all costs, expenses, fees and charges, and liability related to the operation and maintenance of the Project. Section 4.03 AGENCY and or MUNICIPALITY shall operate and maintain the Project for its intended use by the general public for a term of thirty (30) years from the execution of this Agreement by the parties hereto. AGENCY and or MUNICIPALITY shall maintain the Project in accordance with industry standards for such facilities to prevent undue deterioration and to encourage public use. Section 4.04 The rights and duties arising under this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. AGENCY and MUNICIPALITY may not assign this Agreement or any interest hereunder without the express prior written consent of COUNTY. Section 4.05 It is the intent of COUNTY to issue this funding assistance to AGENCY for the purpose set forth hereinabove. In the event AGENCY or MUNICIPALITY transfer ownership of the Project to a party or parties not now a part of this Agreement, otherthan anothergovemmental entity that agrees to assume, in writing, AGENCY and or MUNICIPALITY's obligations hereunder, COUNTY retains the right to reimbursement from AGENCY or MUNICIPALITY for its participation to the full extent of the funding assistance awarded to accomplish the Project. Should AGENCY or MUNICIPALITY transfer management of the project to a party or parties not now a part of this Agreement, AGENCY or MUNICIPALITY shall continue to be responsible for the liabilities and obligations as set forth herein. Further, AGENCY or MUNICIPALITYshall nottransfer management of the Project to a third party without the written consent of COUNTY. ARTICLE. 5: USE OF THE PROJECT Section 5.01 AGENCY and MUNICIPALITY warrant that the Project shall serve a public recreational or cultural purpose and be open to and .benefit all residents of Palm Beach County and shall be available thereto on the same cost and availability basis. AGENCY and MUNICIPALITY shall not discriminate on the basis of race, color, sex, national origin, age, disability, religion, ancestry, marital status or sexual orientation with respect to use of the Project. Section 5.02 The term of this Agreement shall be fora period of thirty (30) years commencing upon the date of execution of this Agreement bythe parties hereto. AGENCYand or MUNICIPALITYshall restrict its use of the Project to recreational, cultural, civic, community and social purposes only unless otherwise agreed to in writing by the parties hereto. Section 5.03 AGENCY shall affix a permanent plaque or marker in a prominent location at the completed Project indicating that COUNTY was a contributor to the development of the Project. Said plaque or marker shall include the COUNTY seal and a list of County Commissioners,. unless otherwise directed by COUNTY's Representative. ARTICLE 6: ACCESS AND AUDITS AGENCY shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the acquisition/design/constnaction of the Project for at least five (5) years after the end of the fiscal year in which the final payment is released by COUNTY, except that such records shall be retained by AGENCY until final resolution of matters resulting from any litigation, claim, or special audit that starts prior to the expiration of the five (5) year period. COUNTY reserves the right, upon reasonable request and during normal business hours, to inspect said Project and shall have access to such books, records, and documents as required in this section forthe purpose of inspection or audit. ARTICLE 7: NOTICES Any notice given pursuant to the terms of this Agreement shall be in writing and hand delivered or sent by Certified Mail, Retum Receipt Requested. All notices shall be addressed to the following: As to COUNTY: Director of Parks and Recreation Palm Beach County Parks and Recreation Department 2700 Sixth Avenue South Lake Worth, FL 33461 With a Copy to: County Attorney 301 North Olive Avenue, Suite 601 West Palm Beach, FL 33401 5 As to MUNICIPALITY: City Manager City of Delray Beach 100 N.W. First Avenue Delray Beach, FI 33444 W ith a Copy to: City Attorney 100 N.W. First Avenue Delray Beach, FL 33444 As to AGENCY:- President Delray Beach Historical Society, Inc. 3 N.E. Ist Street Delray Beach, FI 33444 ARTICLE 8: TERMINATION FOR NON-COMPLIANCE COUNTY may terminate this Agreement upon written notice to AGENCY for non-compliance by AGENCY in the performance of any of the terms and conditions as set forth herein and where AGENCY does not cure said non-compliance within ninety (90) days of receipt of written notice from COUNTY to do so. Further, if AGENCY does not cure said non-compliance within the time frame specified above, then upon written notice, COUNTY may require AGENCY to reimburse any funds provided to AGENCY pursuant to this Agreement either in whole or in -part once COUNTY has reasonably determined that no other remedy is available. ARTICLE 9: REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of .any right, power, or remedy hereunder shall preclude any other or further exercise thereof. The parties hereto may pursue any and all actions available under law to enforce this Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. ARTICLE 10: INDEMNIFICATION It is understood and agreed that AGENCY is merely a recipient of COUNTY funding and is an independent contractor and is not an agent, servant or employee of COUNTY or its Board of County Commissioners. In the event a claim or lawsuit is brought against COUNTY or any of its officers, agents or employees AGENCY shall indemnify, save and hold harmless and defend COUNTY, its officers, agents, and or employees from and against any and all claims, liabilities, losses, judgments and/or causes of action of any type arising out of or relating to any intentional or negligent act or omission of AGENCY, its agents, servants and or employees in the performance of this Agreement. ARTICLE 11: INSURANCE A. AGENCY or MUNICIPALITY, as specified below, at their sole expense, agree to maintain in full force and effect at all times during the life of this Contract, insurance coverages and limits (including endorsements), as described herein. The requirements contained herein, as well 6 as COUNTY's review of acceptance of insurance maintained by AGENCY and MUNICIPALITY are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by AGENCY under the contract. B. .Commercial General Liability. AGENCY shall maintain Commercial General Liability at a limit of liability not less than $500,000 Each Occurrence. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted in writing by COUNTY's Risk Management Department. AGENCY shall provide this coverage on a primary basis. C. Worker's Compensation Insurance 8~ Employers Liability. AGENCY shall maintain Worker's Compensation & Employers Liability in accordance with Florida Statute Chapter 440. AGENCY shall provide this coverage on a primary basis. D. Additional Insured. AGENCY shall endorse COUNTY as an Additional Insured with a CG 2026 Additional Insured -Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Palm Beach County Board of County Commissioners, a Political Subdivision of the State of Florida, its Of>'icers, Employees and Agents." AGENCY shall provide the Additional Insured endorsements coverage on a primary basis.. E. Builder's Risk and Property Insurance. AGENCY or MUNICIPALITY agrees to maintain property insurance, which would include builder's risk insurance while the Project is in the course of construction in an amount at least equal to the estimated completed project value as well as subsequent modifications of that sum; thereafter, AGENCY or MUNICIPALITY agree to maintain All-Risk property insurance for adequate limits based on AGENCY's replacement cost or probable maximum loss estimates for the perils of either fire, wind, or flood. AGENCY or MUNICIPALITY shall agree to be fully responsible for any deductible or self-insured retention. F. Umbrella or Excess Liability. If necessary, AGENCY may satisfy the minimum limits required above for either Commercial General Liability, Business Auto Liability, and Employer's Liability coverage under Umbrella or Excess Liability. The Umbrella or Excess Liability shall have an Aggregate limit not less than the highest "Each Occurrence" limit for either Commercial General Liability, Business Auto Liability, or Employer's Liability. COUNTY shall be specifically endorsed as an "Additional Insured" on the Umbrella or Excess Liability, unless the Certificate of Insurance notes the Umbrella. or Excess Liability provides coverage on a "Follow-Form" basis. G. Waiver of Subrogation. AGENCY hereby waives any and all rights of Subrogation against COUNTY, its officers, employees and agents foreach required policy. When required by the insurer, or should a policy condition not permit an insured to enter into apre-loss agreement to waive subrogation without an endorsement, then AGENCY shall agree to notifythe insurer and request the policy be endorsed with a Waiver of Transfer of rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a condition to the policy specifically prohibits such an endorsement, or voids coverage should AGENCY enter into such an agreement on a pre-loss basis. H. Certificates} of Insurance. Prior to execution of this Agreement by COUNTY, AGENCY shall deliver to COUNTY a Certificate(s) of coverage evidencing that all types and amounts of insurance coverages required by this Contract have been obtained and are in full force and effect. Such Certificate(s) of Insurance shall include a minimum ten (10) day endeavor to notify due to cancellation ornon-renewal of coverage. Certificate holder's address shall read Palm Beach County, c/o Parks and Recreation Department, 2700 Sixth Avenue South, Lake Worth, FL 33461, Attention: Administrative Support Manager. J. Right to Review. COUNTY, by and through its Risk Management Department, in cooperation with the contracting/monitoring department, reserves the right to review, modify, reject or accept any required policies of insurance,- including limits, coverages, or endorsements, herein from time to time throughout the term of this Contract. COUNTY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. K. AGENCY shall require each Contractor engaged by AGENCY for work associated with this Agreement to maintain: Workers' Compensation coverage in accordance with Florida Statutes including endorsements for U.S. Longshore and Harbor Workers Compensation Act and the Merchant Marine Act (Jones Act) in the event any portion of the scope of services/work occurs over, near, or contiguous to any navigable bodies of water. 2. Commercial General Liability Insurance at not less than $1,000,000 Each Occurrence. COUNTY shall be named in the coverage as an additional insured. 3. Business Auto Insurance with limits of not less than $1,000,000 each accident 4. If the construction work being performed exceeds $200,000, a payment and performance bond for the total amount of their construction contract, in accordance with Florida Statute 255.05. ARTICLE 12: PUBLIC ENTITY CRIMES As provided in Section 287.132-133, Florida Statutes, by entering into this contract or performing any work in furtherance hereof, AGENCY certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by Section 287.133 (3)(a), Florida Statutes. ARTICLE 13: CAPTIONS The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. • ARTICLE 14: SEVERABILITY If any term or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision, to any person or circumstance otherthan those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 15: ENTIRETY OF AGREEMENT This Agreement represents the entire understanding between COUNTY, MUNICIPALITY, and AGENCY, and supersedes all other negotiations, representations or agreements, either written or s oral, relating to this Agreement. None of the provisions, terms and conditions contained in this Agreement maybe added to, modified, superseded orotherwise altered, except bywritten instrument executed by the parties hereto. ARTICLE 16: THIRD PARTY BENEFICIARIES This Agreement is made solely and specifically among and for the benefit of the parties hereto, and their respective successors and assigns subject to the express provisions hereof relating to successors and assigns, and no other person shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third-party beneficiary or Qtherwise. IN WITNESS WHEREOF,~the parties have caused this Agreement tabe executed on the day and year first above written. ATTEST: SHARON R. BOCK CLERK & COMPTROLLER By: Deputy Clerk ATTEST: MUNICIPALITY CLERK By: City Clerk WITNESSES: APPROVED AS TO TERMS AND CONDITIONS PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: CommissionerAddie L. Greene, Chairperson MUNICIPALITY OF DELRAY BEACH By: Mayor DELRAY BEACH HISTORICAL SOCIETY, INC. FEI# 59652974 By: ~o8E12 r W . ~i~- N GAIL Name (Type or Print) Title: 'r 51 ~ e:~,t By: Signature APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: By: Dennis L. Eshleman, Director Parks and recreation Department APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Agency Attomey Cou my Attomey LIST OF EXHIBITS EXHIBIT A Project Description and Cost Estimate EXHIBIT B Legal Description of Property EXHIBIT C Contract Payment Request Form (Page 1 of 2)and Contractual Services Purchase Schedule Form) (Page 2 of 2) EXHIBIT D Pre-Agreement Costs List to EXHIBIT A PROJECT DESCRIPTION AND COST ESTIM4TE 11 EXHIBIT A Project llescription Delray Beach Historical Society Learning Center and Archival Storage Facility The Project involves the creation of a Learning Center and Archival Storage Facility for the Delray Beach Historical Society (hereafter "DBHS"). The Learning Center will be open to the public on weekdays, free of charge. It will be a place to explore the rich history. of Delray Beach and environs. Principal visitors will be school age children, local "walk-in" residents and tourists, organized tours, scholars and the media. The Project involves three components: Moving an historic Hunt family 1908 farmhouse from 124 NE 5th Ave (Federal Highway) to the "Cason Cottage Complex", a City of Delray Beach property located next to Old School Square. DBHS currently occupies two historic bungalows on the property. Cason Cottage is maintained as a house museum, reflecting the lifestyle of local citizens in the early 1900s. Were it not for the Project, "Hunt House" would be demolished to make room for a-new townhouse construction project. DBHS acquired the farmhouse from the developer in March, 2007, on the condition that it would be moved as soon as practical. 2. Constructing a prefabricated concrete archival storage "bunker" that will be attached to the historic farmhouse, and then framed and roofed to appear as a natural extension of the original building. The bunker is designed to be impervious to hurricane damage. It will include equipment to maintain sensitive temperature and humidity control, meeting Museum standards for storage of documents, photographs, maps, artwork, and the like. The DBHS was founded in 1964, and much of its collection dates to settlement of the community in the late 1890s and eazly 20th Century. By defmition, DBHS archival materials are fragile and must be well protected from the elements. 3. Restoring the farmhouse to retain its original appearance, consistent with strict historic preservation standards. The interior of the building will be designed to function as a~ Learning Center, with space and equipment for research, lectures, exhibits and conferences. The building will be staffed by a full-time archivist, and part time educational programming director. Access into, and within the Learning Center will meet ADA requirements. The current plan is to open the Learning Center to the public on or about November 1, 2008. Several factors drive the timetable: (1}the historic farmhouse must be moved soon to accommodate the developer/landowner's construction schedule, and hopefully to avoid the peak hurricane season; (2) funding commitments are in place to complete the project, but a State of Florida Preservation Grant is conditional upon restoration work occurring between July 1, 2007 and June 30, 2008; (3) DBHS Archives Room lease in the Cornell Museum of Art and History (Old School Square} has expired and the space is desired for expansion of the Museum's art exhibitions. EXHIBIT A Capital Cost Estimate Delray Beach Historical Society Learning Center and Archival Storage Facility Hunt House Moving Expenses Pre Move preparation at existing site Foundation and below grade utilities (new site) Move from existing to new site Below grade repair; final placement on piers Archival Storage Annex Pre-cast concrete module construction and delivery Construction of connecting frame, roof, siding, faux windows Installation of modular archival storage shelving Restoration of Hunt House for adaptive use as a Learning Center Repair/recreate original exterior features Restore interior walls, floors, ceilings, fixtures Install wiring, plumbing, A/C, dehumidification systems to code, and to meet ADA public access requirements Install information systems for research and teaching Total Estimated Costs $500,000 EXHIBIT B LEGAL DESCRIPTION OF PROPERTY 12 Exhibit B Legal Description of Property At new and permanent location THE SOUTH 32 FEET OF LOT 5 AND ALL LOTS. 6, 7, AND 8 BLOCK 67, TOWN OF DELRAY (PLAT BOOK 1, PAGE 3) CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA The mailing address of the Delray Beach Historical Society is 3 NE 1St Street The street address for Hunt House in its new location is 111 North Swinton Avenue EXHIBIT C CONTRACT PAYMENT REQUEST FORM AND CONTRACTUALSERVICES PURCHASE SCHEDULE FORM 13 PALM lStALI'1 IiVUN I Y CJII'71D1 I -l: PARKS AND RECREATION DEPARTMENT ~,° CONTRACT PAYMENT REQUEST Date Grantee: Project Name: Submission #: Reimbursement Period: Project Costs Item K~i'_ This Submission Consulting Services (CS) Contractual Services (C) Materials, Supplies, Direct Purchases (M) Equipment, Furniture (E) TOTAL PROJECT COSTS ICS =Consulting Services Kev Legend C =Contractual Services `:. M =Materials, Supplies, Direct Purchases E =Equipment, Furniture Certification: I hereby certify that the above Certification: I hereby certify that the documentation has expenses were incurred for the work identified as been maintained as required to support the project being accomplished in the attached progress expenses reported above and is available for audit upon reports. request. Administrator Date Financial Officer Date PBC USE ONLY County Funding Participation Total Project Costs To Date: County Obligation To Date County Retainage ( %) County Funds Previously Disbursed County Funds Due this Billing Reviewed and Approved By: PBC Project Administrator Cumulative .Project Costs Date Department Director Date G:ISYINGERIFORMS13Pg-Exhibit C-Bond.xls Page 1 of V F 00 W W J W W = ~ N F W a~ ~~~ VOa V W W mv> ~¢w a~~ y.H Y V ~a a~ z v a j ~_ ~ d N H ~ d ~~ ~; ~~z Z~'E 3 Y~~~~I N ~~ ~ ~ 1 a U ~ ~ c N~~ U W U U ~ W • G O ~' Zvi ._ a~ a C ~~ ~; ~ ~ ~ Z ~ E ~ a` ~ 0 ai ~ ~ ~ t7 in vI, .' c d r >° o~ Y r U m > 0 o ~ ~ r y d U t U O ~ U U L C ~ U ~ a .: a ~ ~ L a c .- ~~ m a ~ ~ U N N N N ~ • - -p •~ ~ G 7 '~ C fd ~ y O a aCi ~ ~ ~ O ~~ ~ r c .. U O j ~ W ~ J ~ ~ ~ N ~ ~ O .c o °' a •~ .c_ E :~ s ~ Z U fl. ~ m Y JI TI NI ~I ~I ~I ~°I ~I ~I °I °i ~I ~I TI TI ~I `°I 0 N 0 c a> L d ~ ~O Y ~ a rn s ~' U _y ~ Q. m E N U ~ U C 0 ~ U y 7 U 3 a~ 0 0 O N 'c .~ O N rn n. R .o a O W C7 2 V H m X C W ~ W J H ~ Z W W = ~ W O V VOa N w m U > ~ ~ W N aQQ Y U a~ Z Q V V .' c d t v >° L tY7' W U a~'i N t U a ~Nm° V ~? N J ~ ~ ~ ~ a Y ~ ~ U .+ V y ~ 0 0 °' a UU~ W ', II p II II UC>~ W i~ ~~ , C 3 O .Q Z :: O L 3 ~. Y w d ~c s U '" m ~ V p. 'O Q- N ~ y N C O v ~ O ~0 j V ~ m ~ m C 7 ~ ~ ~j C C N ~ O ~ y C !-' O ~ 3 ~ .G c~ ~ ~ N O ~ ~ m '~ O ~ ~ ~, - ~ C t~ ~ E _ ~ '~ ~ ~ O C J V 'a of Q ~ ~ N O L t ~ i ~ ~ ~ o °- a a~ ~ ~ m U~v 'i m O U O a~ rn c~ v ~ ~ = O N U ~. U V1 ~ o .. o- m ~ N U ~, "_ p~ a_ ~ C '~c W U y ~ a-, >, a o ~ N V ~ v N ~ ' ~ O t~ ~ ~ c ~ ¢ w o ~ ~ += a~ U ~ z } :~ ~ N ~ U 3 EXHIBIT D PRE-AGREEMENT COST LIST Note: Costs must be for eligible project expenses incurred subsequent to August 1, 2007. 14 EXHIBIT D Pre-Agreement Cost Estimate Delray Beach Historical Society Learning Center and Archival Storage Facility Hunt House Moving Expenses Pre Move preparation at existing site Foundation and below grade utilities (new site) Move from existing to new site Below grade repair; final placement on piers Archival Storage Annex Pre-cast concrete module construction and delivery Construction of connecting frame, roof, siding, faux windows Installation of modular archival storage shelving Restoration of Hunt House for adaptive use as a Learning Center Repair/recreate original exterior features Restore interior walls, floors, ceilings, fixtures Install wiring, plumbing, A/C, dehumidification systems to code, and to meet ADA public access requirements Install information systems for research and teaching Total Estimated Costs $500,000 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM:ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER THROUGH: DAVID T. HARDEN, CITY MANAGER DATE: SEPTEMBER 24, 2007 SUBJECT: AGENDA ITEM # ~ • ~ -REGULAR MEETING OF OCTOBER 2, 2007 APPROVAL SPECIAL EVENT REQUEST -HALLOWEEN PARADE ITEM BEFORE COMMISSION City Commission is requested to approve the Annual Halloween Parade sponsored by the Noontime Kiwanis Club to be held on October 27, 2007 from 1:30 p.m. until approximately 2:15 p.m. Commission is also requested to approve a temporary use permit per LDR's Section 2.4.6(F) for the rolling closure of Atlantic Avenue from NE lst Avenue to Veteran's Park and provide staff support for traffic control and security. BACKGROUND Attached is a letter and event permit for this event received from Mr. Vince Canning, as well as an event budget, site plan and Certificate of Insurance. Participants will assemble at Old School Square and proceed to Veteran's Park. A rolling street closure will be provided by our Police staff as has been done in the past. Estimated staff costs for the event are $1,445. Per event policies and procedures, the payment due to the City would approximately $290. RECOMMENDATION Staff recommends approval of the event, the temporary use permit and staff assistance as requested, contingent on the receipt of a Hold Harmless Agreement. RAB/db Attachment U:lwwdata~Events~I-Ialloween PazadelAgenda Item re Halloween Pazade 2007.doc ~~~~~~~~ AUG 2 71007 August 21.2007 A~ sERVicES ~-/E Robert Barcinski, Asst. City Manager 100 N.W. 1st Ave. Delray Beach, FL 33444 Re: Halloween Parade Dear Bob: The Noontime Kiwanis Club will conduct the 59th year of the Halloween Parade on Saturday, Oct 27, 2007. We would like to assemble the children on the S.E.. corner of Old School Square. The parade will begin at 1:30 p.m moving from Old School Square to Veterans Park using AtlanticAvenue. The Parade will join up with "Kids Day at the Park". I have cleared the arrangements with Peggy Murphy and Daniel Beardsley. Sincerely, Vince Canning, Chairman f t p City of Delray Beach °EL~" B~" .~. .:. Special Event Permit Application ~' ~. r , PLEASE PRINT 2~; Event Approved/Denied Date of Approval/Denial Aq°roved/Denied by Title 1. Event NamelTitle: ~; woes ~i5-LLC3 w~~~/ ~Aft9,~7~' 2. Event Date(s): Event Time(s): ~'}tT. 027, ~aa7 /..~a P.M_ Tcy a;eS P.M 3. Event Sponsor/Producer: ~~~.,-~~.r~ k,,,~p,/L s 4. Event Contact/Coordinator: ~~. ,~cE' C,gwN> nrG 5. Address: ~ e t ~ ~ A.S',4 ~1 fr 6. Telephone Number: ~ ~6 -ds~ ~ Cellular Number: 7. E-mail Address: 8. Event Description:-_ s<,Lr~~,r/ („v~,~,v7s ~- ~^'d ~R.4a~') i .~ _ fi/~L L a w t~-.J C a ~S rvM t-J' YD'r~/. K /~rL,4 n/~i ~ ~ vF ~~c o ~f DL_ I7 .SC ~f~aa L SC~~~ ~ '7'e Illr7'~i~.rf if/ S P/9~X' . (If neighborhood block party, then please skip questions #TO-35 and go to question #36) 9. Sponsor Category: (please check) City ^ Non-Profit/Charitable ^ Private ~ Co- Sponsor -Non-Profit/Private ^ (If Non profrt attach proof of 509c(3), c(4), c(6), c(10) or c(19)) 10. Event Location/Address: . - c ~ S v R~LANT~C ~yE,~ "7~ E-r~ci ~4n1~S' ~~.j~, b,[I ArCf3A/~rL fq d~ Site plan attached: yes_~ no (She plan required for enfire event site) 12. Event budget attached: yes /~ no (Required for all events) 13. Serving or selling alcoholic beverages: yes no :/ (Jf yes, copy of license and alcohol liability insurance required two (2) weeks prior d to event) ~~ FiLDm f l y~u'r` 14. Event certificate of insurance attached: yes ~ ~ no ~ ~~"W , (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) 15. Playing of amplified music: yes no r~ (VI/aiver required) 16. Requesting Police assistance: yes / no (Traffic control/security) 17. Will supplement with private security: yes no / (If yes, need plan attached) 18. Requesting Emergency Medical assistance: yes no~ 19. Requesting barricade assistance yes no 20. Requesting trash removaVclean up assistance: yes no 21. Requesting trash boxes and liners: yes no~ 22. Requesting stage use: yes no (If yes, check type) Large stage covered ^ Large stage no cover ^ Small stage ^ Half small stage o 23. Requesting signage : yes no Type: Event sign (4'x4') Directional signs Banner hanging Indicate dates required (Waiver required if more than one (7) week prior to event) 24. Food and beverage vendors: yes no If yes, please provide the approximate number, as -well as the name, address, and contact phone number of each vendor which is due no later than one week prior to the event 25. Health Department approval: (see attached) yes no 26. Other vendors: yes no 27. Tents: yes nom (If yes, tenf permits and fire inspections maybe needed) 28. Will the event include amusement rides? requiring state approval? yes no / (!f yes, type and location and copy of liabilify insurance required)(Also, please provide the name, address and contact phone number for each amusement provider along with copies of their liability insurance) 29. Will the event be gated? yes no (Show on-site map) / 30. Will there be fireworks or other pyrotechnics? yes no (If yes, contact Fire Marshal!) 31. Will there be cooking with compressed gas? yes no~ (lf yes, contact Fire Marshal!) 32. Will you be providing port-a-lets for the event? yes no / (If yes, locate on-site map, If no, indicate how you will handle restroorn needs) 33. Will there be a charge for the event? yes no / (lf yes, indicate ticket prices) 34. Is reserved parking requested? yes no_~_ (If yes, indicate locations) 2 35. Neighborhood Block Parties (Neighborhood • Is event sponsored by the Homeowner's Association? yes no_ (If not, then individual(s) submifting permit applicafion musf also submit a petifion signed by 51 % of the homeowners who Live on the block) • Please note the following:1) Approvals will only be given for a one (1) block area 2) Permit applications must be received in writing by the City Manager's Office at least thirty (30) days prior to the event.3) Consumption or sale of alcohol on City rights-of--way will not be permitted.4) Structures other than barricades are not allowed in City rights-of-way.5) Homeowners Association will be required to pay all overtime costs that may be incurred as a result of City staff involved in the event. Event Contra Please. print: 9=' 7 ~- ~7 Date Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, .100 N.W. 1St Avenue, Delray Beach, Florida 33444. For Staff Use Only J 1 .,,~ Date Received ~/ ~/~~ Application fee received $ .3a Site map Budget Certificate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 501 c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval ~,'a-r~-`tS 1. C, ~3 ~ 4 L ttz. o,•ri l~tr. ~S ~.~_ ._.~,- _ _~ ~:. _..: -----~. _.. __ _.__. _ _ ._..__s___ _ _._~ ~.___.. E ._ . _:.._~ __ _... ,_ __. r T .~, .w.~ _.~. __._. ___. _.___._._.._ S' ~c, 2 _~ ~,, _ `` yy. _~_._~.~,._y~.e,._,. .. i _~,. C t, s i, ~. t M_. ~.~ ,s.~___,__.~___________ __._____ f coo ~~yR. /-)r~ti - ---_ ~ __~..~..r _ y,.~.c.~i~~~~....~ xm~s /3sKTS,.... ~., . _ . w~~..,~~ `~_~, _... _ _ ~_ . __ ._._~.. _.. -,---. _ ___._- ----- q~ o-r) ;, L ark i . __ .~~rs . - __: 1' !fin iscf .. So7~ .~_ y ____ ~, _ _. _ _ .. _w ...~ ___ - s0 From: Jenny Meriea At Ffytant Qroup FaxIU Hylant Group To: Robin Cox Ualte: 9/25/2007 04:28 PM Page: 2 al3 OP ~ 5 acoRD CERTIFICATE OF LIABILITY INSURANCE DAT>: ~ . R~09 09 2s 07 PaaouceR THIS CERTIFICATE IS ISSUED AS A MATTER Of INFORMATION ONLY AND CONFERS NO RKiHTS UPON THE CERTIFICATE Hyiaat of Indianapolis , TT.C! HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 501 Congressional Blvd ALTER THE COYERABE AFFORDED BY THE POLICIES BELOW. Carmel ~ 46032 Phoae:800-678-0361 !'ztx:317-817-5151 tNSURERSAFFORDINGCOVERAGE NAIClf INSURED gall a a rna oaa 1 Cuba and Their Members WSURERA: Colon Iasuraace an 39993 Insured Z,ocai Club: INSURER e: De ra Beach 8h ri~y 8alaalwn NiSL12ER C: PO Box 6396 Delra 8®ach aI 93482 INSURER D: y . BJSURER E COVERAGES TFE POLICIES OF IrkS(XtPiiCE LISPED BELOW WIVE BE!=JV ISSUED TO TFE INSUREp NAKED ABOVE FOR THE POLICY PERIOD BiDiCATt~. NOTWITHSTANDNJG /WY REQUIRENIeNT, Tt!.RM OR CONDITION OF NNY CONTRACT OR OTFER OOGU11@!T WrlFi HESPEGT 1'O WHICH 11-95 CERTIFI("/~TE MAY BE ISSUED OR AMY PERTAIN. THE Ni5lN7A1VCE AFFORDED 8Y THE POLICIES DESCREED H92ENi IS SUBJECT TOALL TI-E TERMS. ExCLU510NS AND CONDITIONS OF SUCH POLICES. AGOREOATE LIMBS SHOWN MAY HAVE BEEN REDUCEp BY PAD CLAIMS. LTR TYPE OF N8URANCE POLICY ~~ DA DATE l.lllsTs Q®J®4AL LYIBII.ITY EACH OCCIJRRETICE i 2 , 000 , 000 A ]C X COMMERCIALC,9~ERALLwBUTY AitSb360017A 11/01/06 11/01/07 PREMISES Eaoccl.-ance i 100,000 CLAIMS MODE ®OCCUR MED E~ (Arry oM parson) i X Agg Per DiatriCt PERSOraALaADVNiJURY s 2,000,000 GENERAL AOGREOATE i 2 , 000 , 000 GENL A(SOREGATE LuaR APPLIES PER: PRODUCTS - COMPlOP A6G i 2 , 000 , 000 POLICY ~LaT LOC AIJ1 'OAIDBILE LIAeI.m COM3INED SINGLE LNdIT (E° ~ma~ i 1, 000 , 000 ANY AtrTO 'a'LL OVA ~~ BODILY Ni,A1RV _ SGFEDULED ALTOS ~ ~~) i A X HIRED AUTOS AR95360017A 11/01/06 11/01/07 gppLY INJURY A X NON-OWN@ AUiUS ~ ~I~Mi i A X $3 000 A 000 , , qg PROP~Trn awwGE (Psr soaderlt) i cARACE LIASN.m Hato ot~1_v - EA AccDErrr i ANV ALIT'O oTIER THAN EAACC i AIJrO ONLY: ~ i EXCESf1UMBRELIA LGBS.RY D EACH OCCURRENCE _ OCCUR ~ GLAMiS MADE AGGREGATE i pp~~ {i~~ i7C~ IG q~n 1lId7 i ~ RISK i I i YVORKERS COMPENSATXNi AND ' TORY LIMITS ER ~" ` LYIBIlJ1Y EMPLOVB2S ANY PROPRIETORrPARiNER/D~CUTIVE " E.L. EACH ACCIDE}fi S _~ OFFICERJAEMBER EXCLUDEDT E.L. DISEASE - EA EMPLOYEE i Ify~ a, daswllw odor SPECIALPROVL~ONSb9bw E.LDISEASE-POLICY LIMIT i oT>iale A Self Insured ARS536001?A 11/01/06 11/01/07 All Claim $100,000 iLetention oeacR>IPrlaei of oP r i ve+ICLrEa r sY i aPtelAl. Pl;:ovlslDNs Certificate Bolder is nawad as Additional =neared as respects to pe.,o,-sal Liability only regarding the foliorrinq 1Ciaranis avast: 8a11oa®ea Parade on October 27, 2007 in the City of Delray Beach 4CR 1 e'R:A 1 C City of Delray Beach 100 NW 1st Avenue Delray Beach >rl, 33444 ALLC$R'P SHOULD ANY OF THE ABOVE bESCw9E0 POLIgE6 8E CANCELLED BEFORE THE E7t-1tATbN DATE THEREOF, T}E ISSUWG lgU1~R 1MLL ENDEAVOR Tb MAIL 30 DAYS tnlroTltti NOTICE TO TH@ C6P;TIFICA'i'/i HOLDER NAKED TD TIE LliF'I; BUT FAILUIRS TO DO SO SHALL MPOSE NO OBLNPr1TX1N OR LIA81Lm OF ANY q!D IIrON THE Nish. (TS AGBiTS OR REP~YTA71YE8. From: Jenny Merles At: Hytant Group FaxID: iiylant Group Ta: Robin Cox Date: 925!2007 0428 PM Pape: 3 of 3 IMPORTANT If the certificate holder is an AQDITIONAL INSURED, the policy(ies) must be endorsed. A statemerrt on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not cor>fer rights to the certificate holder in lieu of such endorsement(s). D13CLAIMER The Crtficate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ~~ ` ` ~- ~ . r~ .f. bwa'r. N ~ ~' i. S~` R ~ f ~~ X14 ,~ ,., ~' rry ~ 5 lz ~ ~ 7l k'. yy~ A Y,w~ 3A3d H lt' ~Pi N t~ 5 _..~ i ~~'' •, ~~ ~ ~~ ~ ~ ` ,~ s~ppyy ^ '! ~ ~µr ~ ,. ~•~ -' ..,r z . ~~' ~' ~' I T~ .~ ~~ ~.. i~t ~~ arYl! r L .~. y ~~ ~ ~~~ ~ ~ ~ ~~ v~ # y Y ~~ ~;: . ,qr e-,a "~ . ~ ~J MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: DOUGLAS E. SMITH, ASSISTANT CITY MANAGER- DATE: SEPTEMBER 27, 2007 SUBJECT: AGENDA ITEM # ~ ~ `" \ -REGULAR MEETING OF OCTOBER 2, 2007 LETTER OF SUPPORT OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) FUNDING ITEM BEFORE COMMISSION This agenda item is for Commission approval of a letter of support for Community Development Block Grant (CDBG) Funding for FY 2008. BACKGROUND The U.S. Conference of Mayors has asked Mayors for their support. This funding is for the House- approved level of $3.929 billion in formula funding for CDBG and $1.81 billion in formula funding for the HOME program in FY 2008. RECOMMENDATION Staff recommends approval for the Mayor to sign the letter of support for Community Development Block Grant (CDBG) Funding for FY 2008. Enc cc: David T. Harden, City Manager U:1DES1Agenda Memo re CDBG Grant Funds.doc [IT4 OF UELRIiI~ BEiI[H DELRAY BEACH 0 0 All-America City ~"~~ 1993 tool 100 N.W. 1st AVENUE • DELRAY BEACH, FLORIDA 33444 • 561/243-7000 The Honorable Robert C. Byrd, Chair October 2, 2007 Committee on Appropriations United States Senate Washington, DC 20510 The Honorable Patty Murray, Chair Subcommittee on Transportation, Housing and Urban Development and Related Agencies Committee on Appropriations United States Senate Washington, DC 20510 Dear Chairman Byrd and Chairwoman Murray: As you conference 5.1789, the FY 2008 transportation-HUD appropriations bill, the U.S. Conference of Mayors strongly urges your support for the House-approved level of $3.929 billion in formula funding for the Community Development Block Grant Program. The cut to the CDBG program, nearly $700 million since 2001, has hurt local communities - local economies, local projects, and, most importantly, the low -and moderate-income households that reside in these communities and need the assistance. The program's funding has never been adjusted for inflation (since the inception of the program in 1974}, even though construction costs, wages, and other program costs have escalated sharply in the past three decades. In essence, by continuing to level-fund the formula portion of the program - at $3.71 billion over the past three years -the impact and purchasing power of CDBG continues to shrink because of increasing inflation. Earlier this year, members in both the House and Senate signed-on to a letter to appropriators supporting at least $4.1 billion in formula funding for CDBG in FY 2008. A total of 95 house members signed the letter, while a record 62 senators signed the Senate version. The show of bi-partisan support for the program is unparalleled, yet the FY 2008 appropriations level, particularly in the Senate, does not reflect this support. We are deeply troubled by the Senate-approved level of $3.71 billion in formula funding for CDBG in FY 2008, particularly given the large number of project specific EDI grants that may further reduce this level. We are very supportive of the $110 million increase in HOME formula grants included in 5.1789 and urge you to insist on this amount in conference. As you know, HOME has a very impressive track record of having completed, as of July 31, 2007, 799,738 affordable ownership and rental units. In addition, each HOME dollar has leveraged $3.53 in non- HOME funding. F']r(1 P, ;.-,red .^, Re yr ',. u !gar',' ' i., :._ :. ~ ~' ~ ri ~ ~ ~_~1~ N; Y ~ ~ is r ~.. r? ~. Honorable Robert C. Byrd, Chair Honorable Patty Murray Chair Committee on Appropriations October 2, 2007 Page 2 This increase will be of considerable assistance in allowing our members to assist very-low and extremely-low income Americans. Again, we urge you to support the House-approved level of $3,929 billion in formula funding for CDBG and ask that you also support $1.81 billion in formula funding for the HOME program in FY 2008. We thank you for your favorable action on our recommendations. ly, ~~~;~ - ~~ Rita Ellis, Mayor City of Delray Beach [ITS OF DELRAM BEACH DELRAY BEACH All-America City 1 1993 The Honorable Robert C. Byrd, Chair 2ooi Committee on Appropriations United States Senate Washington, DC 20510 October 2, 2007 The Honorable Patty Murray, Chair Subcommittee on Transportation, Housing and Urban Development and Related Agencies Committee on Appropriations United States Senate Washington, DC 20510 Dear Chairman Byrd and Chairwoman Murray: As you conference 5.1789, the FY 2008 transportation-HUD appropriations bill, the U.S. Conference of Mayors strongly urges your support for the House-approved level of $3.929 billion in formula funding for the Community Development Block Grant Program. The cut to the CDBG program, nearly $700 million since 2001, has hurt local communities - local economies, local projects, and, most importantly, the low -and moderate-income households that reside in these communities and need the assistance. The program's funding has never been adjusted for inflation (since the inception of the program in 1974), even though construction costs, wages, and other program costs have escalated sharply in the past three decades. In essence, by continuing to level-fund the formula portion of the program - at $3.71 billion over the past three years -the impact and purchasing power of CDBG continues to shrink because of increasing inflation. Earlier this year, members in both the House and Senate signed-on to a letter to appropriators supporting at least $4.1 billion in formula funding for CDBG in FY 2008. A total of 95 house members signed the letter, while a record 62 senators signed the Senate version. The show of bi-partisan support for the program is unparalleled, yet the FY 2008 appropriations level, particularly in the Senate, does not reflect this support. We are deeply troubled by the Senate-approved level of $3.71 billion in formula funding for CDBG in FY 2008, particularly given the large number of project specific EDI grants that may further reduce this level. We are very supportive of the $110 million increase in HOME formula grants included in S.1789 and urge you to insist on this amount in conference. As you know, HOME has a very impressive track record of having completed, as of July 31, 2007, 799,738 affordable ownership and rental units. In addition, each HOME dollar has leveraged $3.53 in non- HOME funding. 1'r r. Pc'G' or'r Ftc°CVt: Honorable Robert C. Byrd, Chair Honorable Patty Murray Chair Committee on Appropriations October 2, 2007 Page 2 This increase will be of considerable assistance in allowing our members to assist very-low and extremely-low income Americans. Again, we urge you to support the House-approved level of $3,929 billion in formula funding for CDBG and ask that you also support $1.81 billion in formula funding for the HOME program in FY 2008. We thank you for your favorable action on our recommendations. Sincerely, Rita Ellis, Mayor City of Delray Beach Sep 26'ZBB7 16:12:48 Via Fax -> 5612437199 Mayar Ellis Page 8B1 Of B87 THE LNTED STATES CONFERENCE OF MAYORS 1620 L•YE 5T12F1:1; NURTHWFST WA$111NGTON, D.C'. 2tK10G TEI.EPF[ONE (202) 293-7330 FAX (~U2) 293-2152 URL: wwty usmayors.urg ~'O: The Mayor 4--f...a Got.~..sa..~... FROM: Tom Cochran, Executive Director DATE: September 2b, 2QQ7 Re: Deadline extended ou the letter in Support of Community Development Slock Grant (CD~G) F'St08 Fundnni: Please note that the deadline to return the attached letter on Community Development Block Grant (CDBG) FY08 Funding has been extended to 5:00 p.m. Tuesday, October 4, 2007. Mayors who have already signed will find their names on the attached list and need not respomd ag$in_ 1V,tayoz's' names are listed by state_ tf you have any questioz:s, please call or ezuaxl Gene Lowe of the Conference staff at 202-861-6710 or glvwe@usrnayvrs_org Sep Z6 ZBB7 16;13:84 Via Fax -> 5612437199 Mayor Ellis Page BBZ Of BB7 TIDE ~1NYTED STATES CONFERENCE OF MAYORS 16zU L'YE STRL•ET, NORTHWES i~ WASHINc'TON, U.C. 2ooaG TI:I.EPHONE (ZOZ) z93-7330 FAX (ZUZ) 293-23$2 URL: wwwusmayors.org Peei,knu Ix]UG1AS ll. PALMLR Mayer nFT men Yxx PaciJmu MANUEL q DUZ Mars nF Mumi Pas: Pividrnu: JERRY P. AHRAMSON MVOr of t,a„li,.igc IUCHARD M. DALEY Mayer of Chuaga rHnnraS M. MF.NINf1 Mayer of 8wwn DONALD L. rLUSQLRt.[L1C Mayor of Akmn JOSEPH P. AIr iY, [IL Mayer of L7rulea,,,. SC 7rusrers: J. CHRISTIAN 80LLWAGE MaZ u~~,..fl:liraL d, MARTIN J. cHAVEZ M1L~H EL H. Co Mayor of G+lumbos, pH MICK CURNETi Ma,u, of OkWwn,a Clry rAT1UCK f1F.N1(1' HwVS Mayer ufNwd, L'eeale Auuk P1JZgDL711 R, hnUTZ Mayer nF Sur,uril lc KWAMt M. wlrnrxlcl; Mayor of Decor T]ANNF]. R MArir)Y ARLLM J. MULDGR Mayer nfArlinrmr, H'iRhn w•rA L MuLUNs Mayor of Palarine MFYEAA F UBEANI)r1RF M. reCVl,y„1.1kx1, Riir, rlrvmCFr.r. Ma~er 1 Naahrille DgVIL1 U[! SMITI I Mayer nF Nrrn. rk, r~ DAVID L. WALLALE Mawr of Srtgar Land A.1„>er~ a„a,d. clsEca N1craLS. cnLr Mayer pF Sr,n'Ir MARK HECICH Mayor ufM,itola b•e~ JUAN CARIFJS RBRMrrPF.7.. Mayer n~ Daral RDarxr L lsowsue Mayor of Easr On„pn. JAMF_S HRAINAAD bL u, uC C'a,md, EN Dgvl~ N. CICR.LINE Mar,r nr Pr<rrklr,,,> ~oY CWl•Ex ' Mara ofFL,llondileReacb T,M. FRnNKT.M C:OWNIF Mayer er,~ Muir,o [ IEATI leR rgr:co Mayer eFSammenm Sl-11KLLY CRANKLIN Mayor nfArlan,a OSCAR B. GOODMAN M+yu of Las Vegas MIrFT HANNFMANN Mayer of l~lo,wlilu JQHN OR HICICFMLynPF.R Ma er erDrn,u JAMi'.SfW.IfULLIlY. [ll Mayn, of rnR,mnnrh IwsrMnluE 1vE~ Mayor of Redmond ARF.NI)n 1_ I.AWRFNC.F. Mryur u(~„eWGeld ]O1lN MARKS Mayer FTallahaasrr. PeACR1CK M <CRUAY Mu r of CharW¢e GgvIN NL~SOM Mayer ~' Un Fnneiaen CRANK(:. UKl li Maye f Pcmhmke Pine. EnftT PETERSON Asayer a [e,rrnapelia J URUI: A. S,WI'INl l~faynr nf'San Juan fUCIN RU81KI' SMrili lstaynr of M,*id;an JOHN E STREET Mawr of Phdrlelplwi iG1THRYN L TAYLOR Mawr of Tulsa ANTUMO R YILLnRAiGOSn Marw ufLOS.4r, c!o F1A[NF N, WALK>xit Mn,w ~I N~..-liup r~rccn L DDUI:IAti WFLDER Mayac of litchuro„d. vA WILL WYNN mayor of wurnn Eanwure Diaaaur. TOM COCHRAN September 26, 2007 The Honorable 12obert C. Byrd, Chair Committee on Appropriations Uzaited States Senate Washington, DC 20510 The Honorable Patty Murray, Chair Subcommittee an Transportation, Housing and Urban Development and Related Agencies Committee on Appropriations United States Senate Washington, DC 20510 Dear Chairman Byrd and Chaizwo~xtazt Nlurray_ As you conrercncc S. 1789, the FY 2008 Transportation-HUD appropriations bill, the U.S. Conference of lvlayors strongly urges your support for the House-approved level_of $3.929 billion in formula funding for the Community Development Block Grant Prograxxt. The cut to the CDBG program, nearly $700 million since 2001, has hurt Iocal communities -local economies, local projects, and, most importantly, the law- and moderate-income households that reside in these communities and need the assistance. The program's funding has never been adjusted for inflation (since the inception ofthe program in 1974}, even though construction costs, wages, and other program costs have escalated sharply in the past three decades. In essence, by continuing to level^fund the formula portion of the pz~ograrrt - at $3.71 billion over the past three years -the irrlpact and purchasing power of CDBG continues to shrink because of increasing inflation. Earlier this year, rl~.einbers in both the House and Senate signed-on to a letter to appropriators supporting at least $4.1 billion in formula funduag for CDBG in l; Y 2048. A total of 95 Douse members signed the letter, while a record 62 senators signed the Scnatc vezsion. The show of bi-partisan support for the program is unpazalleled, yet the FY 2008 appropriations Ievel, particularly in the Senate, does not reflect this support. We are deeply troubled by the Senate-approved level of $3.71 billion in formula funding for CDBG i~~ FY 2008, particularly given the large number of project specific EDI grants that may further reduce this level. We are very supportive of the $110 million increase in HOME formula grants included in S. 1789 and urge you tv insist on this amount in conference_ As you knew, HOME has a very impressive track record of having completed, as of July 31, 2007, 799,738 affordable ownership and rental units. In addition, each HOME dollar has leveraged $3.53 in non-HOME fundmg. Sep Z6 ZB87 16;13:49 Via Fax -> 561Z437199 Mayor Ellis Page BB3 Of BB7 This increase will be of considerable assistance in allowing our members to assist very-low and extremely-low ineorne Americans. Again, we urge you to support the Housc-approved level aF$3.929 billion in formula funding for CDBG and ask that you also support $1.81 billion in forntula funding far the HOME program in f'Y 2008. We thank you far your favorable action on our recommendations Respectfully, The Honorable Mark Begich Mayor of Anchorage, AK The I:ioAOrable Jerre M. Van Hoose Mayor of Spzingdale, AR The Honorable Marie Lopez Rogers Mayor of Avondale, AZ The Honorable Ron Beilke Mayor of Pico Rivera, CA The Honorable Susan Rainey Mayor of Walnut Creek, CA The Honorable yin Desmond Mayor of San Marcos, CA The Honorable BiI1 Bagaard Mayor of Pasadetaa, CA The Honorable Harry T. Price Mayor of Fairfield, CA The Honorable Ronald V. Dellums Mayor of Oakland, CA The Honorable resus Gamboa Mayor of Visalia, CA The Honorable Heather Fargo Mayor of Sacramento, CA The Honorable Ellie Wooten Mayor of Merced, CA The Honorable Mark Stvdola Mayor of Little Rock, AR The I~onorable Patrick H. Hays Mayor of North Little Rock, AR The Honorable Mary Manross Mayor of Scottsdale, AZ The Honorable Ralph Rubio Mayor of Seaside, CA The Honorable Robert "Bob" Wasserman Mayor of Fremont, CA The Honorable Barbara Pierce Mayor of Redwood City, CA The Honorable Ronald O. Loveridge Mayor of Riverside, CA The Honorable Diaae DuBois Mayor of LakeWOOd, CA The Honorable Morris B. Vance Mayor of Vista, CA The Honorable Marty Blum Mayor of Santa Barbara, CA The Honorable Emily Reilly Mayor of Santa Cruz, CA The Honorable Beverly Johnson Mayor of Alameda, CA Sep 26 2887 16:14:19 Via Fax -> 5612437199 Mayor Ellis Page 884 Of 887 The Honorable Laura Lee Mayor of Cerritos, CA The Honorable Jennifer Hosterman Mayor of Pleasanton, CA The honorable Lionel Rivera Mayor of Colorado Springs, CO The Honorable John M. Picard Mayor of West Haven, CT The Honorable Mark Boughton Mayor of Danbury, CT The Honorable James M. Baker Mayor of Wilmington, DE The honorable Manuel A. Diaz Mayor of Miami, FL The Honorable John R. Marks Mayor of Tallahassee, FL Tl~e Honorable Mara Giuliano Mayor of Hollywood, FL The Honorable Patricia P. Christensen Mayor of Pvrt St. Lucie, FL The Honorable Juan Carlos Bermudez Mayor of Doral, FL The Honorable Kevin A. Burns Mayor of North Miami, FL The Honorable Shirley Franklin Mayor of Atlanta, GA The Honorable Mufi Hannemann Mayor of Honolulu, Hr The Honorable Richard M. Daley Mayor of Chicago, 1L The Honorable Albert J. Bore Mayer oP San Rafael, CA The Honorable Paul K. Tanaka Mayor of Gardena, CA The Honorable Darnel P. Malloy Mayor of Stamford, CT The Honorable James R. Mixon Mayor of Stratford, CT The Honorable John DeStefano, Jr. Mayor of New Haven, CT The Honorable Lois J. Frankel Mayor of West Palm Beach, FL The Honorable Joy F. Cooper Mayor of Hallandale Beach, FL The Honorable Samuel Brown Mayor of Lauderdale Lakes, FL The Honorable Jerry Taylor Mayor of Boynton Beach, FL The Honorable Frank C. Ortis Mayor of Pembroke Pines, FL The Honorable Lou Ann R. Palmer Mayor of Sarasota, FL The Honorable Heidi Davison Mayor of Athens, GA The Honorable Otis S. Johnson Mayor of Savannah, GA The Honorable T.M. Franklin Cowrie Mayor of Des Moines, IA The Honorable Bill Santo Mayor of Carpentersville, lI. Sep 26 2807 16:14:49 Via Fax -> 5612437199 Mayor Ellis Page 8B5 Of BB7 The Honorable Catherine J. Melchert Mayor of Bartlett, IL The Honorable Alvin Parks Mayor of Last St. Louis, II. The Honorable William ]~. McLeod Mayor of Hoffrnan States, IL The I-Ionorable Lorraine H. Morton. Mayor of Evanston, IL The honorable David Miller Mayor of $lkhart, IN The Honorable Jitn Newberry Mayor of Lexington, KY 'The Honorable C. Ray Nagin Mayor of NEw Orleans, LA The 1:ivnorable James E. Hanrinbton Mayor of Brockton, MA The honorable Richard F. Trump Mayor of Hagerstown, MD The Honorable George Heartwell Mayor of Grand Rapids, MI The Honorable Kwame M. Kilpatrick Mayor of Detroit, MI The Honorable John B. O'Reilly, Jr. Mayor of Dearborn, MI The Honorable Marls Steffenson Mayor of Maple Grove, MN The Honorable Gene Winstead Mayor of Bloomington, MST The Honorable Darwin Hindman Mayor of Columbia, MO The Honorable Arlene J. Mulder Mayor of Arlington Heights, IL The Honorable Al Larson Mayor of Schaumburg, IL The Honorable David Pope Mayor of Oak Par1S IL The Hoz~arable Fred L. Armstrong Mayor of Columbus, IN The Honorable Bart Peterson Mayor of Indianapolis, IN The Honorable Jerry E_ Abramson lvlayor of Louisville, KY The Honorable Thomas M. Merino Mayor of Boston, MA The Honorable John F. Hanlon Mayor of Everett, MA The Honorable Clarence B. Phillips Mayor of Pontiac, MI The Honorable Stephen Wanmington Mayor of Muskegon, MI The honorable Brenda L. Lawrence Mayor of Southfield, MI The Honorable Elizabeth B. Kautz Mayor of Burnsville, MN The Hoi~orable R.T. Rybak Mayor of Mixnoeapolis, MN The Honorable Mark Funkhouser Mayor of Kansas City, MO The Honorable Francis G. Slay Mayor of St. Louis, MO Sep 26 2Be7 16:15:19 Via Fax -> 5612437199 Mayor Ellis Page BB6 Of 887 The Honorable Jahn Robert Smith Mayor of Meridian, MS The Honorable J. Scott Padgett Mayor of Concord, NC The Honorable Chris Beutler Mayor of Lincoln, NE The Honorable Paul C. Brush Mayor of Dover Township, NJ The Honorable James Anzaldi Mayor of Clifton, NJ . The Honorable Raymond Kimble Mayor of Belleville, NJ The Honorable Briazt C.1~Vahler Mayor of Piscataway, NJ The Honorable Robert L. Bowser Mayor of East Orange, NJ The Honorable Martin J. Chavez Mayor of Albuquerque, NM The Honorable Robert Duffy Mayor of Rochester, NY The Honorable Nicholas J_ Saccv Mayor of North Bergen, NY The Honorable Brian t7_ Stratton Mayor of Schenectady, NY Tl~e Honorable Donald L. Plusquellic Mayor of Alffon, OH The Honorable Jay Williams Mayor of Youngstown, OH The Honorable Rhine McLin Mayor of Dayton, OH The Honorable Terry M. Bellamy Mayor of .Asheville, NC The Honorable Keith Holliday Mayor of Greensboro, NC The .Honorable Steven Weinstein Mayor of Fair Lawn, NJ The Honorable Richazd J.Gcrbounka Mayor of Linden, N3 The Honorable J. Christian Bollwage Mayor of Elizabeth, NJ The Honorable Douglas hI. Palmer Mayor of Trenton, NJ The Honorable Wayne Smith Mayor of Irvington, NJ The Honorable William M. "Bill" Mattiace Mayor of Las Cruces, NM The Honorable David Coss Mayor of Saata Fe, NM The Honorable Byron W. Brown Mayor of Buffalo, NY The Honorable Brnest D. Davis Mayor oFMount Vernon, NY The Honorable Thomas H. Nagel Mayor of Fairbor~1, OH The Honorable Michael B. Coleman Mayor of Columbus, OI3 The Honorable Michael J. O'Brien Mayor of Warren, OH The Honorable Frank G. Jackson Mayor of Cleveland, OH Sep 26 2087 16:15:48 Via Fax -> The Honorable Jack L. Kellogg Mayor of Marion, OBI The Honorable Carleton S. Finkbeiner Mayor of Tolcdo, OH The ~-Ionorable Mick Coznett Mayor of Oklahoma City, OK The honorable Charles C. Tomlinson Mayor of Corvallis, OR The Honorable Stephen R_ Reed Mayor of Harrisburg, PA The Honorable Joseph E. Sinnott Mayor of Brie, PA The Honorable Scott Avedisian Mayor of Warwick, RI The Honorable Joseph T. McElveen, Jr Mayor of Sumter, SC The Honorable Becky Ames Mayor of Bcauznont, TX The Honorable David D. Wallace Mayor of Sugar Land, TX The honorable Robert N.Cluck Mayor of Arlington, TX The Honorable Ross C_ Anderson Mayor of Salt Lake City, YJT The Honorable Meyers E. Oberndozf Mayor of Virginia Beach, VA The Honorable James W. Holley III Mayor of Portsmouth, VA The Honorable Kathy Keollcer Mayor of Renton, WA The Honorable Rosemarie Ives Mayor of Redmond, WA 5612437199 Mayor Ellis Page eB7 Of B87 The Honorable David J_ Berger Mayor of Lima, OH Th,e Honorable Thomas J.George Mayon of Lakewood, OH The honorable Kathryn L. Taylor Mayor of Tulsa, OK The Honorable John S, Brenner Mayor of York, PA The Honorable J. Richard Gray Mayor of Lancaster, PA The Honorable Roberto Henaandez Mayor of Corozal, PR The honorable David N. Cicillinie Mayor of Providence, RI The Honorable Doug Echols Mayor of Rock Hall, SC The Honorable Will Wynn Mayor of Austin, TX The Honorable T. Oscar Trevino Jr. Mayor of North Richland Hills, TX The honorable Leopoldo Palacios Jr. Mayor of Pharr, TX The lrionorable Robert D. Gray Mayor of South Salt Lake, UT The Honorable Paul Fraim. Mayor of Norfollc, VA The Honorable Bob Kiss Mayor of Burlington, VT The Honorable Greg Nickels .Mayor of Seattle, WA The Honorable Mark Foutch Mayor o~ Olympia, WA K~~!~J~. MEMORANDUM TO: MAYOR AND CITY COMMISS NERS /~ _ FROM: JASMIN ALLEN, PLANNER ~~~'""~~~~"~- PAUL DORLING, AICP, DIR CTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: SEPTEMBER 26, 2007Q ~ 1 SUBJECT: AGENDA ITEM # U• IV - REGULAR MEETING OF OCTOBER 2, 2007 REPORT OF APPEALABLE LAND USE ITEMS SEPTEMBER 17, 2007 THRU SEPTEMBER 28, 2007 ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were made by various Boards during the period of September 17, 2007 through September 28, 2007. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Planning and Zoning Board -Meeting of September 26, 2007 No appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action. Recommended approval (6 to 1, John Miller dissenting), of a modification of the Blood's Grove SAD (Special Activities District) Ordinance, in conjunction with a new mixed-use development known as Midtown Delray containing 116 townhouse units (of which 32 units are subject to the family workforce housing ordinance} and 29,571 square feet of medical offices. The subject site is located at the southwest corner of Linton Boulevard and Old Germantown Road. Concurrently recommendations on the following waivers and internal adjustments were made by the Board: o Recommended approval (5 to 2, John Miller and Francisco Perez-Azua dissenting) to the City Commission of the request for waiver to LDR Section 4.6.9 City Commission Documentation, Meeting of October 2, 2007 Appealable Items (D)(3)(c)(1) to allow forty-eight feet (48') of stacking instead of the required fifty feet (50') of stacking along Park Access Road at the Office Building parking lot entrance. o Recommended approval (7 to 0), to the City Commission of the request for waiver to LDR Section 6.1.2(C)(3)(a) to reduce the minimum pavement width of the interior roadway from 24 feet to 20 feet. o Recommended denial (5 to 2, Chuck Halberg and Joseph Pike voted to approve) to the City Commission the request for waiver to LDR Section 4.6.16 (D) (2) (b) to reduce the required 25% preserved natural plant communities area on the site to 18.62%. o Recommended approval (7 vote 0) to the City Commission of the request for waiver to LDR Section 6.1.3 (D)(1)(b) to provide a sidewalk on one side of the street instead of the required sidewalks on both side of the street. o Recommended approval (4 to 3, Chuck Halberg, Paul Zacks, and Deborah Dowd dissenting), to the City Commission of the request for a waiver to LDR Section 4.3.4.(H)(6)(b)(4) to provide relief from the required thirty foot (30') landscape buffer along Linton Boulevard. Recommended approval with conditions (6 to 0, Joseph Pike dissenting), of a conditional use modification request to allow the construction of five (5) housing facilities which will each have four (4) sleeping rooms with two (2) beds per room for South County Mental Health Center, located on the east side of Military Trail, south of Linton Boulevard. Recommended approval with conditions (7 to 0), of a conditional use request to allow a multiple family residential development up to a maximum density of 24 units per acre, subject to the provisions of Article 4.7 "Family Workforce Housing" for Historic Depot Square, located north of West Atlantic Avenue, between I-95 and the CSX Railroad to accommodate amixed-use project that includes 296 residential apartment units (of which 75 units are subject to the family workforce housing ordinance) and 90,135 sq. ft. of offices. Recommended denial (6 to 0, Francisco Perez-Azua stepped down), of a privately initiated amendment to the Land Development Regulations Sections 4.4.24(B)(12)(c) and 4.4.24(F)(1)(a) to add Lots 16-18, less the South 75 feet thereof, Block 69 to those properties zoned OSSHAD (Old School Square Historic Arts District) which are subject to the Permitted Uses of 4.4.13(6) and Development Standards of 4.3.4(J)(4), Central Business District Zoning District, excluding exceptions to height limitations provided in 4.3.4(J}(4). ^ Recommended approval (7 to 0), of a City initiated amendment to the Land Development Regulations to Section 1.4.1, Article 2.2, Sections 2.2.1, 2.2.4, 2.2.5, 2.4.3,7.1.3,7.8.9,7.8.12,7.8.14,7.8.15,7.8.16,7.8.17,7.8.18,7.8.19,7.8.20,7.8.21, and 7.8.22 to substitute "Board of Adjustment" for "Board of Construction Appeals". 2 City Commission Documentation, Meeting of October 2, 2007 Appealable Items ^ Recommended approval (7 to 0), of a finding of consistency of the CIP (Capital Improvement Plan) with the Comprehensive Plan. This item was previously considered by the City Commission Site Plan Review and Appearance Board -Meeting of September 26, 2007 A. Approved (6 to 0, Johhny Kincaide absent), a waiver to the sign code to allow a mounted sign for Modern Chiropractic, located on the west side of South Federal Highway, south of SE 10th Street (1030-1070 South Federal Highway). B. Approved (6 to 0), a twenty-four month extension (extending approval to October 19, 2009) for a Class V site plan for Michael's Way (fka Seagate Villas), a proposed three unit townhouse development located at the northeast corner of Bucida Road and Sea sage Drive). C. Approved (6 to 0), a twenty-four month extension (extending approval to September 28, 2009), for a Class V site plan for Bermuda Gardens Townhomes, a proposed three unit townhouse development located at the southwest corner of Ocean Boulevard and Bermuda Gardens Road. D. Approved (5 to 1, Andrew Youngross dissenting), a request for a color change for Delray Hyundai, located on the east side of North Federal Highway, north of NE 5th Street (541 NE 6th Avenue). E. Tabled (5 to 0, Mark Gregory stepped down), a Class I site plan modification associated with the removal of the red brick stucco and installation of painted beige stucco for O'Neal Priest Post #4141, located at the southeast corner of East Atlantic Avenue and SE 2"d Avenue (5 SE 2"d Avenue). The Board suggested that the applicant maintain the red brick stucco and find other alternatives to improve the appearance of the building. F. Approved with conditions (5 to 1, Andrew Youngross dissenting), a Class I site plan modification and architectural elevation plan associated with facade changes for Mercedes Benz of Delray, located at the northwest corner of Linton Boulevard and SW 10th Avenue (1001 Linton Boulevard). G. Approved with conditions (6 to 0), a Class II site plan modification associated with the installation of a sales trailer for Village Square, a proposed 332-unit residential development. The sales trailer will be located on the north side of SW 10th Street, between SW 12th Avenue and SW 13th Avenue. H. Approved with conditions (6 to 0), a Class II site plan, landscape plan and architectural elevations associated with the installation of a 1,400 sq. ft. temporary modular building for Maroone, Chyrsler, Jeep, Dodge, located at the northwest corner of Linton Boulevard and SW 10th Avenue. Historic Preservation Board -Meeting of September 19, 2007 1. Approved (6 to 1, Roger Cope dissenting), a request for a Certificate of Appropriateness associated with a rear addition and alterations to an accessory garage for 1119 Nassau Street. 3 City Commission Documentation, Meeting of October 2, 2007 Appealable Items 2. Approved (7 to 0), a request for a Certificate of Appropriateness associated with alterations to a contributing structure, located at 708 SE 3~d Street. 3. Approved with conditions (7 to 0), a request for a Certificate of Appropriateness associated with the installation of a sign for 203 NE 15' Avenue. RECOMMENDATION By motion, receive and file this report. Attachment: • Location Map 4 CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - OCTOBER 2, 2007 L30 CANAL 906 ~~~- ~ - 2 , ii „ ~ w ~~ n u- o ~ ~~ ~pA ROAD Y U r" m y i_ii, Q L,~ ~_„ , _„_ _ ,_, ~ 95 `, L„~ ~~ ~ L, _„_ 2 w LOWSON BOULEVARD LINTON r BOULEVARD "1 °<< i i L~,J L-38 CANAL GULF STREAM BLVD . ~~ W w ~ ~- j ` . '~ L ~ m ,~ 1 E 2 O ~ W J DP ~ I ~ ~ Q Q ~ 3 3 G vi vS W 0 m S. W 10TH ~ ~ o H W o ~ F "' ~ ~ y W C 2 v d t' v C-15 CANAL SPRAB HPB A. MODERN CHIROPRACTIC 1. 1119 NASSAU B. MICHAEL'S WAY 2. 708 SE 3RD STREET C. BERMUDA GARDENS TOWNHOMES 3. 203 NE 1ST. AVENUE D. DELRAY HYUNDAI E. O'NEAL PRIEST #4141 F. MERCEDEZ BENZ OF DELRAY G. VILLAGE SQUARE SALES TRA/LER H. MAROONS, CHRYSLER, JEEP DODGE TEMPORARY OFFICE TRAILER I MAP REF: S:\Planning do Zoning\DBMS\File-Cab\CC-DOC\10-2-07 8 ~ 1,~ y ~ A1A ~ 1 ~ V 0 1 1 _ Q~ Q ~ 1 ~ .~ ~ =Q ~ o~ I ~ w ~ i Q7 ~: i N ~~~~~~_~~_ CITY LIMITS _~~~~~~^~ ~ ONE MILE ~ GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT OCTOBER 2007 - -DIGITAL BASE MAP SYSTEM- - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS /~ FROM: CANDI N. JEFFERSON, SENIOR PLANNER~GZ~/' - PAUL DORLING, AICP, DIRECTOR PLANNING AND Z NING R,~,~ THROUGH: CITY MANAGER- /~.Sr~~.~ ~( l`r~ DATE: SEPTEMBER 26, 2007 SUBJECT: AGENDA ITEM # ~ • ~ REGULAR MEETING - OCTOBER 2 2007 CONSIDERATION OF A CONDITIONAL USE REQUEST TO ALLOW THE CONSTRUCTION OF FIVE HOUSING FACILITIES WHICH WILL EACH HAVE FOUR SLEEPING ROOMS WITH TWO BEDS PER ROOM FOR SOUTH COUNTY MENTAL HEALTH CENTER. ITEM BEFORE COMMISSION The item before the City Commission is consideration of a Conditional Use request to allow five (5) additional housing facilities with four (4) sleeping rooms each and two (2) beds per room for the South County Mental Health Center located at 16158 S. Military Trail. BACKGROUND The South County Mental Health Center is an existing facility located within eleven buildings including supportive housing, recreation, retail, child care, offices and medical services. On January 14, 1992 the City Commission approved a conditional use request by the South County Foundation of Mental Health to allow a multiphase project which included expansion of the existing facility to include a new eight-bed residence (Phase I) and construction of five eight-bed residences and one twenty-bed residence (Phase II) on 5.06 acres directly east of the existing facility. On May 15, 1995, the Planning and Zoning Board approved a conditional use modification request to allow construction of a 2,118 sq. ft. addition to include expansion of the dining room to the rear and addition of a smoking room to the front of Building A. Since then, the site has undergone numerous minor site plan modifications including construction of a temporary storage shed (1996), installation of a six foot wood fence (1997) and shadowbox fence (1997), sidewalk installation (1997), and a covered walkway connector (2001). The request currently before the Board is a conditional use modification to allow an additional five (5) support housing facilities on undeveloped land east of the existing facility, which will each have four (4) sleeping rooms with two (2) beds per room (40 new beds). REVIEW BY OTHERS The Planning and Zoning Board held a public hearing on the proposed conditional use modification at its meeting of September 17, 2007. The Board recommended approval by a vote of 6 to 0, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and consistency with the Goals and Objectives of the Comprehensive Plan. City Commission Documentation: Meeting of October 2, 2007 Conditional Use Request for Five Housing Facilities at the South County Mental Health Center RECOMMENDATION Approve the conditional use modification request to allow construction of five support housing facilities for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and does meet the criteria set forth in Sections 2.4.5(D)(5) and 3.1.1 of the Land Development Regulations. Attachment: Planning & Zoning Board Staff Report of September 17, 2007 2 N SOUTH COUNTRY MENTAL HEALTH CENTER ~_ PROPERTY 16156 MILITARY TRAIL aTY of oELRAY eEaai, ~ Viz"'"~'~ LOCATION MAP PLANNING & ZONING DEPARTMENT -- D/C/TAL &iSE MAP SYSTEA! -- MAP REF: S:\Planning do Zoning\OBMS\File-Cab\Z-LM 1001-1500\LM1038_South County Mental Health Center IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR SOUTH COUNTY MENTAL HEALTH CENTER ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use modification request has come before the City Commission on October 2, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for South County Mental Health Center. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN a. Comarehensive Plan -Future Land Use Element Obiective A-1/Future Land Use Maa: Is the property developed/redeveloped so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs and is consistent with the Land Use Map? Yes No b Concurrence: Objective B-2 of the Land Use Element of the Comprehensive Plan requires that development not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No c. Consistency: Will the granting of the modification conditional use be consistent with and further the goals and policies of the Comprehensive Plan? Yes No 11. LDR REQUIREMENTS: a. LDR Section 2.4.5lE) Required Findins~s: (Conditional Usel: Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met? Yes No b. REQUIRED FINDINGS RELATING TO DEVELOPMENT IN THE COMMUNITY FACILITIES ICFI DISTRICT: Pursuant to LDR Section 4.3.4(K): CF Min.Lot Size Min. Min. Lot Min. Lot Min. Perimeter Max. (sq.ft.) Lot Depth Frontage Open Landscapin Bldg. Width (ft.) (ft.) Space g Setback Height ft. % ft. ft. Re wired 0 0 0 0 25% 10 48 Provided 10.03 acres 234.36 1,266.33 234.36 67% >20' +/- 20' WIII the standards provided in the Matrix be met? Yes No Pursuant to LDR Section 4.6.9(C)(6)(q), adult congregate living facilities, residential licensed service provider facilities and nursing homes shall provide one space for each of four beds. The proposed forty (40) beds will require ten (10) additional parking spaces. Eighteen (18) parking spaces are being provided. Is this requirement met? Yes No 2 3. The comments and notes set forth in the staff report are hereby incorporated herein 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the development application request was submitted and finds that its determinations as herein set forth are consistent with the Comprehensive Plan. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves denies the conditional use request and hereby adopts this Order this day of 2007, by a vote of in favor and opposed. Rita Ellis. Vice Mayor ATTEST: Chevelle Nubin City Clerk 3 d PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: September 17, 2007 AGENDA ITEM: Iv. B. ITEM: Conditional use modification request to allow the construction of five (5) housing facilities which will each have four (4) sleeping rooms with two (2) beds per room for South County Mental Health Center, located on the east side of Military Trail, south of Linton Boulevard. GENERAL DATA: Owner/Applicant ....................... South County Foundation for Mental Health, Inc. Agent .................................... Covelli Design Associates, Inc. 0 Location ...................................... On the east side of Military Trail, ~ 1,000 feet south of Linton Blvd. Property Size .............................. 9.98 acres FLUM ........................................ CF (Community Facilities) & TRN (Transitional) Zoning District ............................ CF (Community Facilities) Adjacent Zoning ................North: PC (Planned Commercial) and.POC ""'°" (Planned Office Center) East: RM-8 (Multiple Family Residential, 8 units per acre) South: POC (Planned Office Center) and RM-10 (Multiple Family Residential, 10 units per acre) West: PC (Planned Commercial) O Existing Land Use ...................... Undeveloped land within an existing mental health facility Proposed Land Use .................... Five one-story support residential units Water Service ......................... Existing 2" water line and meter on site proposed to be relocated and additional fire hydrants to be installed / Sewer Service ........................ 8" lateral connection existing on site ~ N L and additional 6" lateral connection ~' proposed _ Planning and Zoning Board Staff Report -Meeting of September 17, 2007 Conditional Use Modification Request for South County Mental Health Center Page 1 a ~.'~~~ .T__ ~~.~~; ~; <~ { H~°~ ~~BE~ E 1'HE BOARD ~;;ti;k{~~ The action before the Board is making a recommendation to the City Commission on a conditional use modification request for South County Mental Health Center to allow five (5) additional housing facilities with four (4) sleeping rooms each and two (2) beds per room. The South County Mental Health Center consists of 9.98 acres and is located on the east side of Military Trail, 1,000 feet south of Linton Blvd. . ~~ ~ , w~~.,.''ri '{ ~ a~ ~ ~ ~f_B CKGROI_IND _ ~. ~t~ to The South County Mental Health Center is an existing facility located within eleven buildings and containing several uses including supportive housing, recreation, retail, child care, offices and medical services. The 9.98 acre site is zoned CF (Community Facilities) and has a Future Land Use Map (PLUM) designation of CF (Community Facilities) and TRN (Transitional). The subject property was annexed by the City on April 14, 1987 through the enactment of Ordinance 26-87. Prior to this time the property had no formal site plan approval by the City, but had been previously developed in the County and contained a daycare, offices and a medical facility established in 1983. In 1988, a site plan request was approved to allow the Linton Manor Adult Congregate Living Facility (ACLF). However, the conditions of approval were not met and the development approval subsequently expired. In the years thereafter, the site underwent numerous modifications including addition of a maintenance building (1989}, parking lot modifications (1990),. and addition of a new administrative and geriatric center (1991). On January 14, 1992 the City Commission approved a conditional use request by the South County Foundation of Mental Health to allow a multiphase project which included conversion of the existing facility into an eight-bed residence (Phase I) and construction of five eight-bed residences and one twenty-bed residences (Phase II) to be located on 5.06 acres directly east of the existing facility. This new establishment was known as the Snowdon Residential Center. On May 15, 1995, the Planning and Zoning Board approved a conditional use modification request to allow further expansion of the original site which included construction of an additional 2,118 sq. ft. building. Since then, the site has undergone numerous minor site plan modifications including construction of a temporary storage shed (1996), installation of a six foot wood fence (1997) and shadowbox fence (1997), sidewalk installation (1997), and a covered walkway connector (2001). Now before the Board for action is a conditional use modification request to allow a total of five (5) supportive housing facilities on undeveloped land east of the existing facility, which will each have four (4) sleeping rooms with two (2) beds per room. Planning and Zoning Board Staff Report -Meeting of September 17, 2007 Conditional Use Modification Request for South County Mental Health Center Paoe 2 CON®i~`IONAL USj= ANALYSIS ,. e.._. REQUIRED FINDINGS (Chapter 3): Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map (PLUM) designation of CF (Community Facilities) and TRN (Transitional) and a zoning designation of CF (Community Facilities), which are consistent with each other. Pursuant to LDR Section 4.4.21(D)(1), mental health treatment facilities including residential care are allowed as conditional uses and structures in the CF (Community Facilities) zoning district. Thus, positive findings can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. As described in Appendix A, a positive finding of Concun'ency can be made as it relates to water and sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objective was found: Future Land Use. Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The proposed development will accommodate 40 additional beds (making a total of 100 on site). There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed residential development. The development will be complimentary to the surroundings and will provide additional housing to accommodate the existing and future mental health patients, thus fulfilling remaining land use needs. Therefore, a finding of overall consistency with Future Land Use Element Objective A-1 can be made. LDR SECTION 2.4.5(E) -REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: Planning and Zoning Board Staff Report -Meeting of September 17, 2007 Conditional Use Modification Request for South County Mental Health Center Page 3 (a) Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; (b) Hinder development or redevelopment of nearby properties. The following table identifies the zoning designations and uses that are adjacent to the subject property: Ad'acent Zonin : Ad scent Land Uses: North PC (Planned Commercial) and POC Boca Ray Plaza and Linton Office Park (Planned Office Center) South POC (Planned Office Center) and South County Professional Centre Condo and RM-10 (Multiple Family Residential, Citation Club Rental Development 10 units per acre) East RM-8 (Multiple Family Residential, 8 Hammock Reserve Single Family Homes units per acre) West. PC Planned Commercial Wal-Mart Sho in Center The development proposal does not propose a use change, but rather a continuation and expansion of an existing use. The existing use has coexisted with adjacent uses for many years and there is no history of incompatibility. Therefore, there will be no significant impact on adjacent properties. The proposed development will have minimal detrimental effect upon the stability of the neighborhood and will not hinder development or redevelopment of nearby properties. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. LDR Section 4.3.4(K) Development Standards Matrix -Nonresidential Zoning. Districts: The following table demonstrates that the proposal complies with LDR Section 4.3.4(K) and Section 4.4.21(H), as it pertains to the Community Facilities (CF) zoning district requirements: CF Min. Lot Size Min. Lot Min. Lot Min. Lot Min. Perimeter Max. (sq. ft.} Width Depth Frontage Open Landscaping Bldg. (ft.) (ft.) (ft.) Space Setback (ft.) Height ft. Re wired 0 0 0 0 25% 10 48 Provided 10.03 acres 234.36 1,266.33 234.36 67% >20' +/- 20' Off-Street Parking: Pursuant to LDR Section 4.6.9(C)(6)(q), adult congregate living facilities, residential licensed service provider facilities and nursing homes shall provide one space for each of four beds. The proposed forty (40) beds will require ten (10) additional parking spaces and eighteen (18) additional parking spaces are being provided. Thus, this standard has been met. Handicapped Accessible Parking: Pursuant to LDR Section 4.6.9(G)(1)(b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Planning and Zoning Board Staff Report -Meeting of September 17, 2007 Conditional Use Modification Request for South County Mental Health Center Paae 4 Building Construction. Accessibility for residential structures is covered by the Federal Fair Housing Act. Pursuant to this act, two percent (2%) of the parking spaces serving the. development must be handicapped accessible and accessible visitor spaces should be provided at a rate in accordance with the local code. Based upon the 10 additional parking spaces required, the development needs to provide at least one (1) handicap accessible parking space and no handicap accessible parking spaces have been proposed. This shall be required prior to site plan approval. Lighting: A photometric plan consistent with the standard illumination levels required by LDR Section 4.6.8 shall be required prior to site plan approval. Bicycle Parking: LDR Section 4.6.9(C)(1)(c) and Transportation Element Policy D-2.2 of the Comprehensive Plan recommend that a bicycle parking facility be provided. Bicycle racks shall be required prior to site plan approval. ;;.r ~. ``"~REVIE'VII BY'C?THERS'~`" '` *~` ,,"'~ ~~ ~~ The development proposal is not within a geographical area requiring review by the Community Redevelopment Agency (CRA), the Downtown Development Authority (DDA), or the Historic Preservation Board (HPB). Courtesy Notices: Courtesy notices have been provided to the following homeowner's and/or civic associations which have requested notice of developments in their areas: ^ Hammock Reserve ^ Neighborhood Advisory Council Public Notices: Formal public notice was provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. ., ~'~' x~ ~'~~;$ i„~ASS~E.~SSMENT'AN® C~NCLI~Si~7N~ ~ ~;~F~~~~ `s~~: ~._ ; The proposed conditional use is to allow the construction of five (5) additional housing facilities which will each have four (4) sleeping rooms and two (2) beds per room (40 total new beds) on undeveloped land within the existing facility. The existing facility already has 60 beds inclusive of five (5} eight-bed residences and one (1) twenty-bed residence. The 9.98 acre facility is located within eleven (11) existing buildings and contains several uses including supportive housing, recreation, retail, child care, offices and medical services. The mental health facility is an approved conditional use in the CF (Community Facilities) zoning district. The proposed improvements represent an expansion of the existing approved use. Because the proposed improvements abut single family residences, there may be some perceived negative impacts, however, this apprehension will be minimized due to the fact that the support residence units will be separated by an existing 6' CBS wall which will be retained and further buffered by extensive landscaping. Ultimately, since the improvements will be situated in the rear of the property and are interior to the site, there will be minimal, if any, negative impacts on adjacent properties. The proposed use is consistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of the LDRs. Thus, positive findings can be made with respect to LDR Section 2.4.5(E)(5). Planning and Zoning Board Staff Report -Meeting of September 17, 2007 Conditional Use Modification Request for South County Mental Health Center Page 5 A. Move a recommendation of approval to the City Commission for the conditional. use request to construct five support housing facilities for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and does meet the criteria set forth in Sections 2.4.5(D)(5) and 3.1.1 of the Land Development Regulations. B. Move a recommendation of denial to the City Commission for the conditional use request to construct five support housing facilities for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in Sections 2.4.5(D)(5) and 3.1.1 of the Land Development Regulations. C. Move to postpone and continue the conditional use request to construct five supportive housing facilities for the subjectpprope~rt~y7~with direction. fj(~ S ~: 4,a•: hst tsl~4V' "~I.>f~ Q~YIIYI~ ~~1V 1 ":i~.i t~3 r ~~' ; Move a recommendation of approval to the City Commission for the conditional. use request to construct five support housing facilities for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the ~ Comprehensive Plan and does meet the criteria set forth in Sections 2.4.5(D)(5) and 3.1.1 of the Land Development Regulations. Staff Report Prepared by: Candi N. Jefferson, Senior Planr-er Attachments: ^ Appendix A ^ Location Map ^ Site Plan Planning and Zoning Board Staff Report -Meeting of September 17, 2007 Conditional Use Modification Request for South County Mental Health Center Pacae 6 uy.~ k ,~ t .ire,V tS M d n - .r,, „ ~ , fit. ~t ~'- ~ qtr ,~ ~~ F ~ n ~ ~ f.. Y~, ld.*. Pursuant to LDR Section 3.1.1(6), Concurrency, as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: Water service is existing on the site via a 2" water line. However, the easternmost perimeter of this water line is to be removed and relocated six feet westward. It will then reconnect to the existing 8" water main near the north property line and the existing 2" water line near the south property line. Likewise, the existing meter and backflow preventor will be removed and relocated about 32' northwest of its existing location. Likewise, a 1" P.E. water service line to each support residence is proposed. • Sewer service is existing on the site via an 8" lateral connection. In addition, a new 6" sewer lateral connection is proposed for supportive housing residence number five. • Additional fire hydrants shall need to be installed near the proposed new residences Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Streets and Traffic: A traffic statement has been provided for the proposed development. A total of twelve (12) total daily trips is anticipated to be generated by support staff. Occupants in the support residences are not anticipated to produce any vehicle trips because past indicators show that in the last five (5) years, only three (3) of fifty-nine (59) residents have owned vehicles. Since the proposed improvements are internal to the existing development, no significant impact on traffic is anticipated. Parks and Recreation Facilities: Park dedication requirements do not apply to non-residential uses. Thus, the proposed development will not have any impact with respect to this standard. Solid Waste: The proposed use (14,085 sq. ft.) will generate 41.55 tons of solid waste per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to accommodate all development proposals until 2021. Schools: School concurrency findings do not apply for non-residential uses. Thus, the proposed development will not have any impacts with respect to this standard. Drainage: Drainage will be accommodated on site via an exfiltration trench system. There should be no impact on drainage as it relates to this standard. ~,~,,~ ~rtl~~: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: SCOTT PAPE, AICP, SENIOR PLANNER -i'' PAUL DORLING, AICP, DIRECTOR PLA ING AND ZONING ~~ p (~i'^''~ THROUGH: CITY MANAGER DATE: SEPTEMBER 25, 2007 SUBJECT: AGENDA ITEM # ` ' LJ -REGULAR MEETING OF OCTOBER 2, 2007 CONDITIONAL USE REQUEST TO ALLOW A MULTIPLE FAMILY DEVELOPMENT CONTAINING A MINIMUM OF 25% WORKFORCE UNITS AND UP TO 24 DWELLING UNITS PER ACRE TO BE KNOWN AS HISTORIC DEPOT SQUARE IN THE MIC (MIXED INDUSTRIAL AND COMMERCIAL) ZONING DISTRICT LOCATED BETWEEN THE CSX RAILROAD AND I-95, SOUTH OF LAKE IDA ROAD. ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of a conditional use request to allow a multiple family development containing a minimum of 25% workforce units and up to 24 dwelling units per acre to be known as Historic Depot Square. BACKGROUND At its meeting of March 20, 2007, the City Commission approved a LDR text amendment establishing the Interstate 95/CSX Railroad Corridor Overlay District, which allows multiple family residential developments in the MIC zoning district up to 24 dwelling units per acre as a conditional use provided at least 25% of the units are workforce housing units. Historic Depot Square is a mixed use development consisting of 296 dwelling units and 90,135 square feet of office floor area. The residential portion of the development is subject to Article 4.7 (Family/Workforce Housing), which requires that a minimum of 25% of the units be designated as workforce housing units. The development proposal also includes the relocation of Depot Road from its current location along Interstate 95 to the west side of the property along the CSX railroad right-of-way. The development proposal incorporates the following: ^ Construction of two (2) two-story buildings with a total of 90,135 square feet of office area, and two (2) four-story buildings that contain a total of 296 multiple family dwelling units; afive-story 340 parking garage, and 528 surface parking spaces. The residential portion of the development consists of 78 one-bedroom units, 170 two-bedroom units, and 48 three-bedroom units. Seventy five (25%) of the units will be workforce units representing 20 one-bedroom units, 43 two-bedroom units, and 12three-bedroom units; Conditional Use Request for Historic Depot Square City Commission Regular Meeting -October 2, 2007 ^ Construction of a swimming pool and garden terraces within the courtyards of the residential buildings. Additional recreational features include a children's playroom, teen game room, cyber cafe, and an exercise room; and ^ Relocation of the Depot Road right-of-way to the west side of the property and construction of improvements that include landscaping, parallel on street parking spaces, drive lanes, vehicular roundabout, and sidewalks. At its meeting of September 17, 2007, the Planning and Zoning Board considered the conditional use request and recommended approval to the City Commission subject to the modification of condition #4. This condition was modified in order to provide flexibility to the developer and City staff to resolve the issue regarding the designation of the workforce units. Following the Planning and Zoning Board meeting, City staff met with the developer and it was resolved that monthly workforce housing reports would be submitted to the City and conformance with Article 4.7 of the Land Development Regulations would be coordinated through the Community Improvement Department. A detailed description and analysis of the proposal is contained within the attached Planning and Zoning Board staff report dated September 17, 2007. REVIEW BY OTHERS The development proposal is not located in an area that requires review by the CRA (Community Redevelopment Agency) or DDA (Downtown Development Authority). RECOMMENDATION Approve the conditional use request to allow a multiple family residential development containing a minimum of 75 workforce units in the MIC zoning district with a density of 23.93 dwelling units per acre to be known as Historic Depot Square, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), 4.4.6(1), Article 4.7 [Family/Workforce Housing], and Chapter 3 of the Land Development Regulations, subject to the conditions in the attached Planning and Zoning Board Staff Report dated September 17, 2007 and the following change to condition #4: 4. That the plans be revised to graphically note the specific units that will be reserved for workforce housing or as otherwise approved by the City. Attachments: ^ Location Map ^ Planning and Zoning Board Staff Report of September 17, 2007 N HISTORIC DEPOT SQUARE ~~ SUBJECT LOCATION MAP qTY Of pELRAY BEAC]i, fL PROPERTY pUWNING k 20NING DEPARTMENT -- DAG/TAL Ct15'£ AUP SYSTEaI -- IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR HISTORIC DEPOT SQUARE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on October 2, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for Historic Depot Square. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN a. Comprehensive Plan -Future Land Use and Map: Is the future use and intensity of the development consistent with the future land use map and comprehensive plan and is it appropriate in terms of soil, topographic, and other applicable physical considerations, complementary to adjacent land uses, and fulfills remaining land use needs? Yes No b. Concurrence: Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No 1 II. LDR REQUIREMENTS: a. LDR Section 2.4.5(E) Required Findins~s: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met? Yes No b. Performance Standards for Density Increase: Does the applicant meet the requirements set forth in Section 4.4.6(1), attached hereto, to allow a density in excess of 6 dwelling units per acre to 12 dwelling units per acre? Yes No c. Consistency with Article 4.7 (Workforce Housins~): Is the development consistent with and does it meet the criteria set forth in Article 4.7 (Workforce Housing) of the LDR's in order to allow the applicant a density bonus? Yes No If you answered "yes", what is the amount of the density bonus? dwelling units per acre The total density, based upon (b) and (c), is dwelling units per acre. 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted. 2 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves denies the conditional use request subject to conditions attached hereto and provided in the Planning and Zoning Board Staff Report and hereby adopts this Order this day of October, 2007, by a vote of in favor and opposed. Rita Ellis, Mayor ATTEST: Chevelle Nubin City Clerk 3 CONDITIONS The development proposal incorporates the folkrinring: ^ Construction of two (2) two-story buildings with a total of 90,135 square feet of office area, and two (2) four-story buildings that contain a total of 296 multiple family dwelling units; alive-story 340 parking garage, and 528 surface parking spaces. The residential portion of the development consists of 78 one-bedroom units, 170 two- bedroom units, and 48 three-bedroom units. Seventy five (25%) of the units will be workforce units representing 20 one-bedroom units, 43 two-bedroom units, and 12 three-bedroom units; ^ Construction of a swimming pool and garden terraces within the courtyards of the residential buildings. Additional recreational features include a children's playroom, teen game room, cyber cafe, and an exercise room; and ^ Relocation of the Depot Road right-of-way to the west side of the property and construction of improvements that include landscaping, parallel on street parking spaces, drive lanes, vehicular roundabout, and sidewalks. 4 LDR Section 4.4.6(1) (I) Performance Standards: (1) These standards shall apply to all site plans approved subsequent to October 7, 1997, and for modifications to existing developments which involve the creation of additional residential units. In order to increase a project density beyond six (6) units per acre, the approving body must make a finding that the development substantially complies with the performance standards listed in this section. The intent of the standards is to mitigate the impacts of the additional density both internal and external to the site. The extent to which a project meets the standards will determine the number of units per acre that will be permitted. For example, if a project meets or exceeds all of the standards, and is otherwise consistent with applicable standards and policies of the City's Comprehensive Plan and Land Development Regulations, the maximum density is permitted. Projects which only partially achieve these standards will be permitted a correspondingly lower density. The performance standards are as follows: (a) The traffic circulation system is designed to control speed and reduce volumes on the interior and exterior street network. This can be accomplished through the use of traffic calming devices; street networks consisting of loops and short segments; multiple entrances and exists into the development; and similar measures that are intended to minimize through traffic and keep speeds within the development at or below 20 m.p.h. (b) Buildings are placed throughout the development in a manner that reduces the overall massing, and provides a feeling of open space. (c) Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas. Building setbacks are increased by at least 25% of the required minimum; at least one tree per 30 linear feet (or fraction thereof) is provided; trees exceed the required height at time of planting by 25%r more; and a hedge, wall or fence is provided as a visual buffer between the properties. (d) The development offers a varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi-family buildings, the planes of the facades are offset to add interest and distinguish individual units). Building elevations incorporate diversity in window and door shapes and locations; features such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. 5 (e) A number of different unit types, sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi-family housing will at a minimum have a mix of one, two and three bedroom units with varying floor plans. Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. (f) The development is designed to preserve and enhance existing natural areas and/or water bodies. Where no such areas exist, new areas which provide open space and native habitat are created and incorporated into the project. (g) The project provides a convenient and extensive bicycle/pedestrian network, and access to available transit. (2) It is acknowledged that some of the above referenced standards may not be entirely applicable to small, infill type residential projects. For those types of projects, the ultimate density should be based upon the attainment of those standards which are applicable, as well as the development's ability to meet or exceed other minimum code requirements. (3) For vacant property that is proposed for rezoning to RM with a density suffix, the approving body must made a finding that the proposed density is appropriate based upon the future land use map designations of surrounding property as well as the prevailing development pattern of the surrounding area. 6 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH MEETING DATE: September 17, 2007 AGENDA ITEM: Iv.c. ---STAFF REPORT--- ITEM: Conditional Use Request for Historic Depot Square to Establish a Multiple Family Residential Development up to 24 Dwelling Units Per Acre in the MIC (Mixed Industrial and Commercial) Zoning District for a Proposed Mixed Use Development Between the CSX Railroad and Interstate 95 Rights-of-Way, South of Lake Ida Road. GENERAL DATA: Owner ......................... Depot Industrial Center, LLC Agent ......................... Charles Putman & Associate, Inc. Location .......................... Between the CSX Railroad and Interstate 95 Rights-of-Way, South of Lake Ida Road. Property Size .................. 12.37 acres Future Land Use Map..... CMR (Commerce) Current Zoning ............... MIC (Mixed Industrial and Commercial) Adjacent Zoning....North: MIC East: R-1-A (Single Family Residential) South: MIC West: MIC Existing Land Use.......... Vacant & Industrial Proposed Land Use........ Conditional Use Request for a Proposed Mixed Use Project Known as Historic Depot Square to Allow a Multiple Family Residential Project with a Density up to 24 Dwelling Units Per Acre. Water Service ................. Via Extension of Water Main Along Depot Road. Sewer Service ................ Via Extension of a Sewer Main Along Depot Road. Ap ~0 IAK W RAlA 0 CMIiL l-]2 /qVA- AlOMCS OMA1 MM ~- .~., ~M ,o.,,~~.a,,,~ ~.. AMMO Y . ~.K .MR a e ~. 9 u ac~woM M O ~ ~t ~ `` ~s~mr w +~ ~~ .~ ~~ eauw cawn ~~ ~--~ IV.C. ~,Y 9 .~ ; ' ITEM`~BEFQRETHE.BOARD ,Y `•_ •~'f - - - - The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to establish a multiple family residential development up to 24 dwelling units per acre in the MIC (Mixed Industrial and Commercial) zoning district for the Historic Depot Square, pursuant to Land Development Regulations (LDR) Section 2.4.5(E). The property is located between the CSX railroad and Interstate 95 rights-of-way, south of Lake Ida Road and contains 12.37 acres. ~` ~ ~ ~ ~' `' BACKGROUND~~'ROJECT DESCRIPTION `' ~;~" - ~.. At its meeting of March 20, 2007, the City Commission approved a LDR text amendment establishing the Interstate 95/CSX Railroad Corridor Overlay District, which allows multiple family residential developments in the MIC zoning district up to 24 dwelling units per acre as a conditional use provided at least 25% of the units are workforce housing units. Historic Depot Square is a mixed use development consisting of 296 dwelling units and 90,135 square feet of office floor area. The residential portion of the development is subject to Article 4.7 (Family/Workforce Housing), which requires that a minimum of 25% of the units be designated as workforce housing units. The development proposal includes the relocation of Depot Road from its current location along Interstate 95 to the west side of the property along the CSX railroad right-of-way. The conditional use application for the residential portion of the development is now before the Board for consideration. The development proposal incorporates the following: ^ Construction of two (2) two-story buildings with a total of 90,135 square feet of office area, and two (2) four-story buildings that contain a total of 296 multiple family dwelling units; afive-story parking garage with 340 parking space, and 528 surface parking spaces. The residential portion of the development consists of 78 one- bedroom units, 170 two-bedroom units, and 48 three-bedroom units. Of these units the applicant proposes to set aside 20 vne-bedroom units, 43 two-bedroom units, and 12three-bedroom units as workforce housing units; ^ Construction of a swimming pool and garden terraces within the courtyards of the residential buildings. Additional recreational features include a children's playroom, teen game room, cyber cafe, and an exercise room; ^ Relocation of the Depot Road right-of--way to the west side of the property and construction of improvements that include landscaping, parallel parking spaces, drive lanes, vehicular roundabout, and sidewalks; and ^ Installation sidewalks, walkways, and associated landscaping on-site. ...~ .; ,~ ~: ,~~0 DlTltj(VAL USE= ~lA''YSIS~' ~~` ' -' ~:` ;,.;,' REQUIRED FINDINGS (Chapter 3): Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or Planning and Zoning Board Staff Report: 9117/07 Historic Depot Square -Conditional Use Request deny the development application. These findings relate to Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the LDR's as noted below. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map (PLUM) designation of CMR (Commerce) and a zoning designation of MIC, which are consistent with one another. Pursuant to LDR Section 4.4.19(D)(1)(f), multiple family residential development up to a maximum of 24 units per acre within the I-95/CSX Railroad Corridor Overlay District, as defined in Section 4.5.15, subject to the provisions of Article 4.7 are permitted through the conditional use approval process. The development complies with the maximum density of 24 units per acre since a density of 23.93 units per acre is proposed. As discussed later in this report, positive findings can be made with respect to the referenced performance standards; thus positive findings can be made with respect to PLUM consistency. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: Water service will be available to the site via extension of a water main along Depot Road from Lake Ida Road. It is noted that the water main will need to be extended to the southern end of the property and this is attached as technical item. Sewer service will be available to the site via extension of a sewer main from Lake Ida Road. This main will also need to be extended to the southern end of the property and this is attached as a technical item. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard provided the technical items are addressed. Drainage: Conceptual engineering plans have been submitted that indicate that drainage will be accommodate via sheet flow to catch basin with outfall to three retention areas located at the northern and southern ends of the property. It is noted that with the relocation of Depot Road, the applicant will be required to accommodate a certain amount of drainage from the I-95 right- of-way. A technical item is attached that the applicant provides drainage in accordance with the Florida Department of Transportation. Based upon the above, positive findings with respect to this level of service standard can be made. Streets and Traffic: The applicant has submitted a traffic study that indicates that the project will generate 3,242 new daily trips onto the surrounding roads and approximately 349 new peak p.m. trips. The traffic study indicates that the proposed development will not have an adverse impact on the Level of Service for the surrounding roads. However, a letter from the Palm Beach County traffic Division indicating that the proposed development complies with the Palm Beach County Traffic Performance Standards Ordinance must be provided and is attached as a condition of approval. Parks and Recreation Facilities: The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation 2 Planning and Zoning Board Staff Report: 9/17/07 Historic Depot Square -Conditional Use Request facilities at build-out to meet the adopted standards". A park impact fee is collected to offset any impacts that the project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. A total fee of $148,000 will be required of this development for parks and recreation purposes. Solid Waste: The proposed 296 dwelling units will generate 159.12 tons of solid waste per year (296 units x 0.52 tons = 153.92 tons); the 90,135 square feet of office floor area will generate 243.36 tons of solid waste per year (90,135 x 5.4 lbs. / 2,000 = 243.36) for a project total of 402.48 tons per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2024, thus a positive finding with respect to this level of service standard can be made. Schools: Notification from the Palm Beach County School District has been submitted that indicates that the residential portion of the development has been found concurrent. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5(E) (5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies that are relevant to the Conditional Use applications are noted: Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. With the LDR text amendment to include residential in the MIC zoning district, the City Commission essentially found that residential is compatible with the surrounding industrial uses for this property. Therefore, the proposed project is consistent with this policy. The original proposal included an industrial component versus office on site subject to a similar assumption that it was compatible with residential development. This has been modified to an office component with this request. Transportation Element Policy A-1.3: The City endorses the continued operations of the Palm Tran Transit System and its operations in Delray Beach, and through policies of this Element related to the TCEA, will coordinate with Palm Tran to improve the system. Studies have shown that the provision of bus shelters to protect riders from the elements leads to increased utilization and mitigates negative impacts to adjacent properties. Given the potential impacts the proposed mixed-use development will have on the surrounding road network and the location of a Palm Tran bus stop at the intersection of Lake Ida Road and Depot Road, it is appropriate that the development construct a bus shelter at this bus stop and this is attached as a condition of approval. Subject to this condition of approval being addressed during the site plan review process, the development will comply with Transportation Element Policy A-1.3. Open Space and Recreation Element Policy A-3.1: Tot lots and recreation areas serving children from toddlers to teens, shall be a feature of all new housing developments as 3 Planning and Zoning Board Staff Report: 9/17/07 Historic Depot Square -Conditional Use Request 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. In response to this requirement the applicant has provided a teen game room and a children's playroom. However, the proposal does not include details of the fixtures or play equipment within these rooms. Thus, a condition of approval is attached that the floor plans be revised to include the recreational facilities within these rooms. Housing Element Objective B-2: Redevelopment and the development of new land shalt result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. Policies, which will implement this objective, include: Housing Element Policy B-2.2: The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide three (3) and four (4) bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area and for infill projects having fewer than 25 units. The residential portion of the proposed development is a rental community. The mix of units includes 78 one-bedroom units, 170 two-bedroom units, and 48 three-bedroom units. There are no four bedroom units proposed within the development. Given the location of the development in an industrial area, it is acknowledged that larger families may not find the locale appropriate. Housing Element Policy B-2.6: Housing in and near the downtown area, in close proximity to employment opportunities and services, is a critical need. In order to help stimulate demand for new housing in and around the Central Business District, the development of new rental housing projects outside of the TCEA and North Federal Highway area is discouraged. The proposed rental development is not located within the TCEA or North Federal Highway area. Therefore, the proposed development does not comply with this policy. Housing Objective A-12: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Given the location of the development within an industrial area, this development will not have a direct impact on the stability of nearby neighborhoods. The introduction of residential uses into an industrial area is likely to create conflicts between long established industrial uses and new 4 Planning and Zoning Board Staff Report: 9/17/07 Historic Depot Square -Conditional Use Request residential occupants. However, future residents will be coming to live in an area that is industrially intensive and no changes to these existing uses are warranted or are appropriate. As noted previously, the traffic impact of the development will be addressed with the site plan. FAMILYNVORKFORCE HOUSING: Minimum Family/Workforce Housing: Pursuant to LDR [Land Development Regulation] Section 4.4.19(A), a minimum of 25% of the 296 dwelling units (74) must be designated for workforce housing. Per LDR Section 4.7.9(a), all workforce housing units shall be situated within the development so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as market-rate units. Further, per LDR Section 4.7.9(b), the workforce units must be integrated with the rest of the development and shall be compatible in exterior design, appearance, construction, and quality of materials and contain comparable HVAC systems and appliances with market rate units and provide them as standard features. All workforce housing units shall contain comparable square footage to the corresponding market-rate unit. The applicant has responded with the following statement: "It is the applicant's experience thaf specifically identifying particular apartments within fhe project as Workforce Housing units could unnecessarily stigmatize those units as somehow being different from other project units and work againsf the goal of having these units fully blended throughout the project. Rather than earmarking units, it would be the applicant's intention fo lease units to tenants on availability and demand while at all times adhering to the 25% Workforce housing requirement and the related criteria in the City's Workforce Housing Ordinance. Per the Workforce Housing Ordinance the applicant will record a covenant specifying the income levels, rent levels, reporting requirements and restrictions for the Workforce Housing units. All leases will contain language incorporating the applicable covenant. The applicant is preparing a draft of that covenant for review and approval by the City and that document will provide for a speciftc reporting process whereby the applicant will make available his rent rolls and a unit map for the City's review and audit so as to conftrm that the Workforce Housing provisions of the projecf are reasonably dispersed throughout the project and that provisions of fhe City Code are being met. " In order to determine compliance with these regulations, the City has required that project that are applying for the family/workforce program to graphically depict on the plans which units will be set aside. The applicant's option is problematic from an enforcement standpoint as tenants come and go in determining if the intent of this requirement remains intact. Therefore, a condition of approval is attached that the plans be revised to graphically note the specific units that will be reserved for workforce housing. Ratio: Per LDR Section 4.7.9(c)(i) through (ii), the proportion of one, two, and three bedroom workforce units to total workforce units cannot exceed the corresponding number of one, two, and three bedroom market rate units to total market rate units. Given the number of workforce units noted on the site plan, the proposed development provides 26% one bedroom market rate units and 27% one bedroom workforce units; 57% two bedroom market rate and workforce units; and, 16% three bedroom market rate and workforce units. 5 Planning and Zoning Board Staff Report: 9/17/07 Historic Depot Square -Conditional Use Request Covenant: Per LDR Section 4.7.6(a), a covenant will need to be recorded that specifies the income level served, rent levels, reporting requirements and all restrictions applicable to the workforce housing units. All leases shall contain language incorporating covenants applicable to the workforce housing unit and reference recorded covenants. A technical item is attached that a covenant be submitted for approval by the City Attorney's Office and recorded. PERFORMANCE STANDARDS FOR DENSITY INCREASE: LDR Section 4.4.19(A) -Performance Standards: These standards shall apply to the residential portion of the development to allow a density of up to 24 dwelling units per acre. (a) The traffic circulation system is designed to control speed and reduce volumes on the interior and exterior street network. This can be accomplished through the use of traffic calming devices; street networks consisting of loops and short segments; multiple entrances and exists into the development; and similar measures that are intended to minimize through traffic and keep speeds within the development at or below 20 m.p.h. The parking area consists of short segments and multiple entrances onto Depot Road. The applicant proposes to construct around-about. These traffic designs will keep the speeds within the development at or below 20 miles per hour. Due to the parking area at the entrance to the garage and resulting pedestrian activity, a tactile warning devise (rumble strips) should be installed at the exit from the garage and this is attached as a technical item. Based on the condition this performance standard has been met. (b) Buildings are placed throughout the development in a manner that reduces the overall massing, and provides a feeling of open space. The residential buildings are designed in the courtyard fashion. Building "A" has two interior courtyards that include landscaping and pedestrian walkways. These courtyards will provide unique "places" for the resident's of the development. Building "B" also contains a courtyard with a pool and landscaping. Thus, the development has met this performance standard. (c) Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas. Building setbacks are increased by at least 25% of the required_minimum; at least one tree per 30 linear feet (or fraction thereof) is provided; trees exceed the required height at time of planting by 25% or more; and a hedge, wall or fence is provided as a visual buffer between the properties. The property is not immediately adjacent to a residential zoning district. Therefore, this performance standard is not applicable. (d) The development offers a varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi-family buildings, the planes of the facades are offset to add interest and distinguish 6 Planning and Zoning Board Staff Report: 9/17/07 Historic Depot Square -Conditional Use Request individual units). Building elevations incorporate diversity in window and door shapes and locations; features such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. The architecture of the residential buildings is a contemporary interpretation of the vernacular style. The buildings have a standing metal seam roof on a sloped parapet. The buildings have a variation of formed stucco and smooth stucco. The windows are varied with respect to size and treatment. All windows have muntins and are varied with awnings and sills. The balconies and breezeways have aluminum picket railing. The rhythm and balance of the buildings are adequate, thus, this performance standard has been met. (e) A number of different unit types, sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi- family housing will at a minimum have a mix of one, two and three bedroom units with varying floor plans. Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. The proposed development provides 78 one-bedroom units, 170 two-bedroom units, and 48 three-bedroom units. The development contains only one version of the one-bedroom floor plan that contains 722 square feet. The two-bedroom comes in two different models that contain 1,026 square feet and 1,109 square feet respectively. The three-bedroom is available in two different floor plans the first with 1,233 square feet and the second with 1,185 square feet. Given the variety of floor plans and unit type, this performance standard has been met. (f1 The development is designed to preserve and enhance existing natural areas andlor water bodies. Where no such areas exist, new areas which provide open space and native habitat are created and incorporated into the project. The property does not contain existing natural areas or water bodies. The applicant has provided additional landscaping along the south side of the property adjacent to the retention area. Since a native habitat has not been provided, this performance standard has only partially been met. (g) The project provides a convenient and extensive bicycle/pedestrian network, and access to available transit. The project provides an adequate bicycle/pedestrian system within the development. The applicant proposes to install a pedestrian connection along Depot Road to Lake Ida Road. The provision of a bus shelter at Lake Ida Road and Depot Road helps meet this standard by providing access to existing mass transit. Therefore, this performance standard has been met. If approved as conditioned, the proposed development will comply with performance standards (a), (b), (d), (e), and (g). The development proposal does not fully comply with performance standards (f) and (c) is not applicable. Given the level, of achievement with the performance standards, the density increase can be supported provided the conditions of approval are addressed. LDR SECTION 2.4.5(E) • REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(E) (5), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: 7 Planning and Zoning Board Staff Report: 9/17/07 Historic Depot Square -Conditional Use Request A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a sketch plan was submitted which staff has reviewed. Based upon staffs review of the sketch plan and site inspections, the following analysis is provided. LDR Section 4.3.4(K) Development Standards Matrix: The following table indicates that the proposal complies with LDR Section 4.3.4(K) and Section 4.4.6(F)(3) as it pertains to the Mixed Industrial/Commerce (MIC) zone district: ~~'~~ ~x ~~~ " ~'-r.°~ ~ Standard Provided [Maximum Building Height ~`_ '' Residential Building (A) 48' 45' 9" =':h' '~~~- ~ ~ Residential Building (B) 48' 44' 3" s~~"._. ; Y,`` _ Commercial Building (A) 48' 41' 7" _~~ ~": ~ ` ~ Commercial Building (B) 48' 45' 10" ~ F 'mum Building~Setbacks - ~" Front -Commercial Building (A) 15' 79' _ ~ " ~ ~ ~ Y Front -Commercial Building (B) 15' 78' °~ .~ t,~",~~ ,'`° ~`~ s ~~ Front -Residential Building (B) 15' 144' r, ~~~ "` ~`'`,"~'' ~~ ~~~~~`" Side Interior - Residential 15' 20' ~~;:~ ~ .-- ~ ~ -~-.'~ Buildin A -East ~'.' . '~ 1 ` ' Side Interior - Residential 15' 20' ~:- ..~ ._ ; ' - ~... " ~ Buildin B -East ~`'~` ~ -`~ ~~ }~=- Side Interior - Commercial 10' 90' sr = ~! r~ + ° Buildin A -East ,., ~~ , ~` ' :' ~ ~~-~ -- Side Interior - Commercial 10' 112' ~~' ~ ~"'~` ~ Buildin B -East r4 ~ " "r ''~ ' '" ~ Side Street-Residential Bld (A) 15' 18' 10" .. - 3 ~I ., f r'S1e. , ~ . r ~"`~ ~ ~~" ~"~' Side Street-Residential Bld. (B) 15' 17' 6" x~ j" °~ _ ~ ~ ~ ~ '~} ~ ~. Side Street-Commercial Bld. (A) 15' 82' ~~~, :~: '~'"-: i -' ~ Side Street-Commercial Bld. (B) 15' 32' 4" '~°:° ~ '= - ~ Rear -Commercial Building (A) 10' 176' Maximum Lot Coverage 50% 48% ~Miiiimum Open Space : 25% 31 Parking Requirements: Per LDR Section 4.6.9(C)(1)(c), the required parking for the multiple family portion of the development must be provided pursuant to the following: • One bedroom dwellin unit 1.50 spaces/unit • Two or more bedroom dwellin unit 2.00 spaces/unit • Guest arkin shall be rovided cumulative) as 8 Planning and Zoning Board Staff Report: 9/17107 Historic Depot Square -Conditional Use Request follows: - for the first 20 units 0.50 s aces/unit - for units 21-50 0.30 s aces/unit - for units 51 and above 0.20 s aces/unit The proposed development consists of 78 one-bedroom units, 170 two-bedroom units, and 48 three-bedroom units. Based on this unit mix, the residential portion of the development is required to provide 621.20 parking spaces. Per LDR Section, 4.6.9(C)(4)(a), the parking for the office component of the development is 3.5 spaces per 1,000 square feet of gross floor area. The 90,135 square feet of proposed gross floor area is required to provide 315.47 parking spaces. The total parking required for the development is 937 parking spaces and 868 parking spaces are proposed in surface and the garage. Pursuant to LDR Section 4.6.9(F)(1), when, upon receipt and acceptance of special documentation, it is conclusively demonstrated that a reduced number of parking spaces will accommodate a specific use, the body which acts on the attendant site plan may reduce the parking requirements accordingly. The applicant has submitted a request to reduce the parking requirements based essentially on the argument that the proposed development is similar to an urban residential development, which allows for a reduced mixed use/shared parking ratio. It is noted that per LDR Section 4.6.9(C)(8)(a), the City allows the reduction of parking requirements based on a shared parking calculation in the CBD, GC, MROC, or PC zoning districts but not the MIC zoning district. Based on this share parking calculation, the proposed development would be required to provide 807 parking spaces, which would then provide a surplus of 61 parking spaces. This is a very compelling argument for supporting the parking reduction since the proposed development is in all respect similar to a mixed use development within other zoning districts that allow shared parking. Vehicular Stacking Distance: Pursuant to LDR Section 4.6.9(D)(3)(c)(1), the minimum stacking distance for a parking area that has 51 or more parking spaces is 50'. The proposed development provides 30-foot stacking distances for the driveways along NW 2"d Street and from 10-foot to 40-foot stacking distances along Depot Road. The applicant has submitted a waiver request to reduce the stacking distance along these streets based on the multiple number of entrances distributing the trips and reducing the stacking need at any one driveway. The waivers will be considered by the Site Plan Review and Appearance Board as part of the site plan application. Right-of-Way Dedication: Pursuant to LDR Sections 5.3.1 (A) and (D) and Table T-1 of the Comprehensive Plan Transportation Element, the following table describes the required rights-of-way and the existing rights-of-way adjacent to the subject property: "`' Right-of-Way Required Existing Proposed _ Required ~- Dedication' De of Road new 60' n/a 50' 0' NW 2" Street 60' 40' 30' 0' Pursuant to LDR Section 5.3.1(D)(4), a reduction in the required right-of--way width or existing streets may be granted by the City Engineer upon favorable recommendation from the 9 Planning and Zoning Board Staff Report: 9/17/07 Historic Depot Square -Conditional Use Request Development Services Management Group (DSMG). The City Engineer and DSMG considered the reductions and approved the reduction of right-of-way for Depot Road to 50 feet. The applicant has requested an abandonment of 10 feet of the NW 2~d Street right-of-way width, which is under review as part of the plat application that has been submitted concurrently with the Master Plan and Site Plan applications. Sidewalks: Pursuant to LDR Section 6.1.3(B), a 5-foot sidewalk is required along both sides of Depot Road. The applicant has noted a sidewalk on the east side and requests a waiver of the west side of Depot Road. The applicant has submitted to waiver the sidewalk requirement, which will be considered by SPRAB. It is noted that the sidewalk will not improve pedestrian access, since the CSX railroad right-of-way is located on the west side of Depot Road and does not generate pedestrian activity. Sloped Parapets: Per LDR Section 4.3.4(J)(3)(c), flat roofs shall be screened from adjacent properties and streets with decorative parapets. The maximum height of the parapet wall shall be six feet (6') in height or sufficient height to screen all roof mounted equipment, whichever is greater, measured from the top of the roof deck to the top of the parapet wall. In the cases of sloped parapet features, they shall be no more than seventy-two inches (72") in height, project no more than twenty-four inches (24") beyond the face of the building, project no more than twelve feet (12') into the flat roof area of the building nor cover more than fifty percent (50%) of the flat roof area of the building. The proposed sloped parapets exceed the dimensional requirements. The applicant has submitted a waiver request for these dimensional regulations based on the proportionality of the parapets to the massing of the building. This waiver will be considered by SPRAB during the site plan review process. ,. ,. .-_ 1 ~ ~ f,,, ~ ~REVIEIN';BY=OTHERS ,..~ . ; -. - The development proposal is not located in an area that requires review by the CRA (Community Redevelopment Agency) or DDA (Downtown Development Authority). Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations and interested parties, which have requested notice of developments in their areas: - Bunny Elrod, Progressive Residents of Delray (PROD) - Neighborhood Advisory Council Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Any letters of support or objection will be presented at the Planning and Zoning Board (P8Z) meeting. ,~~-~-, ~`-~"JZ``~ ASSESSMENT:ANDCONCLUSION ~:~ ~ '~ '~``~~ ~~~.r_ „~ -" ~. The proposed condition use is to allow a multiple family residential development in the MIC zoning district subject to Family/Workforce housing program and performance standards. As described in this staff report, the request for the multiple family residential development with a 10 Planning and Zoning Board Staff Report: 9/17/07 Historic Depot Square -Conditional Use Request density of 23.93 dwelling units per acre is supportable subject to conditions of approval. The development substantially complies with the performance standards and Family/Workforce housing program standards subject to these conditions. The designation of the units on the plans will ensure the adequate dispersion of the units ~_ ~_< < - -~ ° ALTERNATIVE`ACTIONS ' - A. Continue with direction. B. Move a recommendation of approval of the conditional use request #o allow a multiple family residential development in the MIC zoning district with a density of 23.93 dwelling units per acre for Historic Depot Square, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), 4.4.6(1), Article 4.7 [Family/Workforce Housing], and Chapter 3 of the Land Development Regulations, subject to conditions. C. Move a recommendation of denial of the conditional use request to allow a multiple family residential development in the MIC zoning district with a density of 23.93 dwelling units per acre for Historic Depot Square, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, is inconsistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), 4.4.6(1), Article 4.7 [Family/Workforce Housing], and Chapter 3 of the Land Development Regulations. r ~..-r. _ ~ ~~` ~.. i ,, ECOMMENDEDACTION '~ iF`'~.~ €'x~-~'~ ,~.. f , { ~;;,~ ~7 Move a recommendation of approval of the conditional use request to allow a multiple family residential development in the MIC zoning district with a density of 23.93 dwelling units per acre for Historic Depot Square, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), 4.4.6(1), Article 4.7 [Family/Workforce Housing], and Chapter 3 of the Land Development Regulations, subject to the following conditions. 1. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan and addresses the "Exhibit "A" -Technical Items" attached in the staff report; 2. That a bus shelter be provided near the intersection of Lake Ida Road and Depot Road; 3. That a letter from the Palm Beach County traffic Division indicating that the proposed development complies with the Palm Beach County Traffic Performance Standards Ordinance be provided; and 4. That the plans be revised to graphically note the specific units that will be reserved for workforce housing. 5. That floor plans for the recreational facilities be provided. Attachment: ^ Conceptual Plans ^ Location Map Report prepared by: Scott Paae, AICP. Senior Planner 11 Planning and Zoning Board Staff Report: 9/17/07 Historic Depot Square -Conditional Use Request _ =T,~ EXHIBIT~~ A ''~„T , - - ?TECHNICAL`ITEMS 1. Pursuant to LDR Section 5.3.3(F), the water and sewer mains need to be extended to the furthest points of the property both north and south. 2. The applicant needs to contact the Florida Department of Transportation to determine the drainage requirements sought by the State. 3. Per LDR Section 4.3.3(00), generators are required for all interior corridor lighting and exit signs and at least one public elevator. 4. Per LDR Section 4.3.3(000), generators are required for all new clubhouses, which would include the lobby/cyber cafe/game room areas. 5. The applicant needs to contact the railroad to obtain approval of the trees along Depot Road, since the overhang of trees into the right-of-way is typically discouraged. 6. Per LDR Section 4.6.8, the maximum illumination is 4 foot candles, which is exceeded in the ground parking areas and the garage. The photometric plan needs to include all stories of the garage-and how the light fixtures will be screened from off-site. 7. A hold harmless and landscape maintenance agreement will be required for the installation and maintenance of the landscaping within the public right-of-way. 8. The on-site parallel parking lot needs to have signage that clearly indicates that it is one- way orwidened to 24 feet fortwo-way traffic flow. 9. Per LDR Section 6.1.8, a note needs to be added to the site plan that indicates that all services utilities will be located underground. 10. The sound dampening measures employed by the proposed development need to be provided with the submittal. 11. Given the shared parking, drainage, etc. the property needs to platted and maintained as a unified development with due cross-access stipulation within the property owners documentation. The maintenance responsibilities of the common areas need to delineated in this documentation. 12. Per 4.6.16(H) (3) (d) the applicant shall provide a landscape barrier between the vehicular use area and abutting property. This landscape barrier shall be not less than five (5) feet in width. This has not been provided along a portion of the east perimeter of the site (east of parking garage in the lot with nine (9) compact spaces). 13. Light poles shall be centered between the proposed trees. There are conflicts between some of the proposed site lighting and trees. Although the light poles shall be centered between the trees, the spacing of the trees around the perimeter of the site shall not exceed thirty (30) feet. Currently, the gaps between many of the trees are as much as fifty (50) feet. Several of the double back-back lights are oriented to be parallel with the landscape strips that separate the parking rows. If the heads are rotated to be perpendicular to the landscape strips, there would be less interference with the tree canopies. 12 Planning and Zoning Board Staff Report: 9/17/07 Historic Depot Square -Conditional Use Request 14. There are other conflicts between proposed utilities (fire hydrant, water lines, etc.) and landscaping. In addition, some of the trees and other landscaping are shown within utility easements. Per 4.6.16(H) (3) (o) landscaping may be permitted in easements only with the written permission of the easement holder. Written permission shall be submitted as part of the site plan or landscape plan review. 15. Per 4.6.16(H) (3) (I) landscape islands shall contain a minimum of seventy-five (75) square feet of plant able area, with a minimum dimension of five (5) feet, exclusive of the required curb. A note on the plan indicated that the typical island width is six (6) feet inclusive of the curb but some of the islands did not meet this requirement. 16. The. proposed hedge adjacent to the parking lot along the west side of the 'Business A Building' and the hedge adjacent to the parking lot (by the triangular retention area) along the east side of that building are not necessary. There is ample screening of the vehicular use areas from the plantings along the property lines. If the hedges adjacent to the vehicular use area are eliminated, there will be a better vista of the landscape instead of hiding it. 17. The applicant shall provide the visibility triangles on the landscape plan and add a note to the plan that requires all plantings within the visibility triangles to be installed and maintained at a height not to exceed 36 inches. Some of the proposed plant material may need to be eliminated. 18. The list of Sabal palms to be relocated shown on Sheet TS-1 references Sheet LP-1 for the new locations. Some of them can be found on Sheets LP-4 & LP-5 but not on Sheet LP-1. Not all of the palms to be relocated can be found on any of the plans. The plant list only shows the new palms but does not reflect the palms to be relocated. The applicant shall show all of the new locations and make the necessary corrections. 19. FDOT permits are required for this project. Submit copy of FDOT pre-application letter to City Engineer. 20. Provide existing elevations on existing roadway including edge of pavement and center line. 21. Provide finished floor elevation. If finished floor elevation is less than 18-inches above centerline of adjacent road a certification is required from a professional registered engineer stating that the property has adequate drainage to ensure that flooding will not occur in a 100-year storm event. LDR Section 7.1.3 (B) (2). 22. Site is required to retain 5 year 1 hour storm (3.2") in addition to meeting water quality criteria (1"). Provide signed and sealed drainage calculations and indicate how storm water will be retained on site. See LDR Section 2.4.3 (D) (4) and (7). 23. Clearly dimension driveway width. Maximum driveway width of driveway is 24 feet. 24. Clearly indicate limits of right of way and center line of the right-of-way of any adjacent streets per LDR Section 2.4.3(B)(5). 25. Provide location of existing water service on engineering plans. 26. Indicate where proposed water main will connect to existing water main east of I-95. 13 Planning and Zoning Board Staff Report: 9/17/07 Historic Depot Square -Conditional Use Request 27. Minimum size of water main in City of Delray Beach is 8-inches. Material of proposed water main is to 6e Ductile Iron Pipe or C-900. 28. Provide double valves at connection points. 29. Provide copy of Palm Beach City Well Permit required for irrigation. 30. Irrigation system needs to be designed so it can be converted to reclaimed water when made available. Verify requirements with Public Utilities. 31. Provide exclusive 12-feet water and sewer easements over water and sewer mains. 32. Indicate typical configuration and location of proposed sewer services with cleanouts. A cleanout will be required on the existing sewer service at a maximum distance of 18- inches from the right-of way line and/or easement line. 33. Indicate how existing building will be served with water & sewer. 34. Provide larger splitter islands at roundabout. 35. Provide on the detail sheet City of Delray Beach Standard Detail WW 4.1, WW 5.1 or 5.2 (which ever is applicable). 36. Provide the following note on both the Engineering Plans and the Landscape Plans that, "any trees or shrubs placed within water, sewer or drainage easements shall conform to the City of Delray Beach Standard Details; LD 1.1 & LD 1.2." These Details are to be shown on the Landscape Plans. 37. Show and clearly label all easements on Landscape Plans. 38. A minimum 10-feet general utility easement is to be provided through the property. 39. Provide location of proposed street lights and address responsibility for installation and maintenance per LDR 2.4.3 (D) (6). 40. That a covenant be submitted for approval by the City Attorney's Office and recorded. 41. Due to the parking area at the entrance to the garage and resulting pedestrian activity, a tactile warning devise should be installed at the exit from the garage. 14 oc „ W - in/cr li owv. ~ ~ ~~ i ! ~ ~ ~ S Si :.~ j i iiO Q i Q9 Q C: ,~ Q 3 R. Y y. ~ ~ ~~ ~ ~ ~ ~ }yxyx ~3 •¢ i ~~ , 7 ~~ pp g9 p 4 ~ s:a ' y~i 3!9 ' ~A 3 x Q i 's' ~Y ~ ~~ a R .~ 6e RRr ~ Y K~ ~~ • $ < #$ ~ 4~qg ~~~ y a E ~a ~ ~ .~~ ~ ~~ a i$$$$ ~ 4 9 g~ i ~~ a ~ Y: ~.. ~~C b ~ y ~ s _ ~ $$' y@; 3 i R ~t g Rt ~ 3a~~Y~~~€ A ! i $~ ~' 9 ~`~a~~~RCC~~#~ p € ' ~•~ i ~ ~k ! ~ b$ ~ a ~k aaa ~ fi~~$ ~ ~ ~~ ~~ } ~g i i ~ ^ ~ ~ 3~^ ~ ~~~~~5$az~~~~~k~~ Y6j~ p} ~ ~ a ~~ _ Y ~ ~ ` ~bCN ~€t€ ~~~~~ i ~e~~~~~~'g8~aac tltl 3~s aae p 3 ~i @ ~~~ E~$~~e m ~ .. m ~-#~~i -~~`ai~~a~ € ° ~ a ~~ q~~"~~ge~~~Q~3 3 AA ~ 7+a xe€F a~ ~ ~ ~~~~~ ~ ~ ~ ggg ~ h w 3 ° ~ '9 ~ ~ # e~~€~€ x~a~ ~ ~ e ~ a ~ ~ ~ ee~ ~~~a~a$~b ~ N Y U Q O 3 i ~ /. Z ~I Z O 6 O N y e w~ ~ F= ~ ~ ~ ~ya~ ~ [a~ N Q ~xE~4 C ~ w w Q~B. g Q LO/£T/L 9tl21dS ~....~ n ~. ~~.~,.+..a. ~s ....~ n ,.,~ .~. ~. y..~.. ,....wo w a ,~ ..w .o .w~,w.o ~~,,, w ~m~.a. ~.. yiw ,., a..~v.w...n. a~ t..a n ~.,~., ., 9 .4.~m a. i a g 7 3 U=' x a ! ff~~ pp O~ > g~~S~ a a~ ~ r' U N Q ~ yjA91~ !? 9 ~ ~ a ~ 3°~gAj(p~~~g~ ~~ ~ ~ S ~~ ~ Q Q ~ ~3~~g. ~ . ~ F ~ a ~ x ~ o ~ d ~l9iG~ce3a~>le~ i ~~ da a. a~ qo 1151 - 1 ' ' w ~ n 4 ••~• ••~~ ~~~' I i c 3w~rnlvu ~' n .q. i l '~ ~ F' u u 'u : i ; N.. - - ~ - 'i 1 I- ,• et i '''~. ~' 1 ~ - ® 1 p p 2 pp pp p^ i ~y ~'- ^ p p W ^ ^ i - ~1 p p p p W ^^ 1 O Q { pp p^ -1 pp ~ a 4 o^ pp •" o^ ~ o ~ O^ J~ p p ZOO ^^ ~ ~ ^^ Q~ p p ~ ^ o ~ 1 p p ~' N p^ r' LL ^^ 1zV+ (r- 1 ~'`~.i p p N ~ ~ p p p 0 i ~ ^^ N ~9^p pp I , ~ _.- 1 __ p p p p D^ 1 1 pD~ Q+ pp ^^ {~ i f 1y} ~- ^ U ^ ^ ^ ^ I p p p p ~ i 1 ' o^ I n _ ' i tea, ~ ~, ~ - .rn-.--- ~ . l~Jt,S~~}~I}# 1 d - _ -- - ~-i(' i I ,3n ^op^ ppooaooaao poopopooooooop^ ;o poop ^opooooopp ^ooopooooppoop^ i4 ~ ~ - ~ (Sj I 1 1 )~ - ~ c ~ 1 1 ! ~~(( 1 Fo ~ ~UUUU~ ~ ~ UUUUU ~ ~, ~.•:r,~ m 'i - .:1 ry ® .9 ® wvvd~ f®U ~ , ~ / / .o-. u u _ & ~ I _ s + s° uuu + 4 uuuu b ~ a + - - - - - _ - u ~ ~ r ~ u i ~ 1 _ ~ ~ i ~ I i - I - r'~ ,~ ^+ - ~ - •. --~ ~ .o-,rz ~.o-. ••o- .o-.rz 4 ,, '.`~, i I ~ . ~ , , ,; {~ :, .~ `v : =' ' ~- t - ~ r ~ ,~ ~~ ~ i I I - -- ~, 1.1 'x...,--- 't - / - 3 fl c , Q ~ . I g. , ~ .f-.C9t .II-.£ ` ~O '• ~ f i r 1. L _ _+ _ -_ - _ __ _ _ _ - __ _ _ _ _ _- _ __ _ _ _ ~- ~ • + - ~ - t P W n O _ _ _ _ _ - _ _ - - - ~ _ T ^ ^ ^ ^ ~ ` 1 ~~ = `~ 1~3zl1S GINZ fTiN - ~ -- - ~, - - - r l n --o1vu i ~ ~ ~ ^ -~ . . ~ . . . ...... ..~7 ....... ....................... (Olv 133110..... ^ A\ L r wiKw vYw SOWS YW V A NawJ wry i.1 IMUr lx.~om au f an ~.txn p xou]laoYp ln6l>m. it tW~.l rF i. L~JU~a. YaV. VY.VS li.~~a A ,u]A+ w v w3/uW P.l WogG oca..~ ~3 ;_ U~Q~ a ww ia~+e aNtr~isu•••~ s~~~~~~e.~~ E t tsJ i $~ ~~g~s - 0 m ~~~ ~~-~ =a g~ ~g < m a LO/£Z/L 9V2ldS Z z 5 a~ ~~ N~ a~..o.. n ~. ~,,,.~...o. ~..o: ,.m < ~.W ~owr r. ~... ,p..,w ~ ,~ ~ ..yo a .wam..n wsmz,.«. ~mxsa ~....~. ,. ~. suu.nv. m~. ~: ~, n .,.~.~ .~, n ,.» ~. ~a ~ e. a ~~ 1~"' ~ ~ ~ ~ ~1~~ ~ y~y ~ o ~g~ ~~ ~ ~. . ~ jj uoau yl;; s N a ` ~x~dg~ ~ ~ ~ . $ ~ ~ ~ n u ~ ~ l - r ~.~' s; ~v ~r ~; ~t °a ~_~°x ~^ ~~ ~0/fT/L 9V21d~ Z z S a~ ~~ ~: ~~~ ~`~ <~ m~ w~ ~~ <, n~u la -- ---=t-4 -°----° -~- --------- ......""} ~' --- _::...- j; -* fit------• ---- - - - --- - -- ----- ... .,., Ems , o ~ m ~F~~~~~~¢~! ~ Z a q ~~o ~ ~ ~~~~ Y~~~ ~K ~ = o o a ~~~~~~~~~~ ~~ ~ ~ ~~s~ ~~ !~i ~ ~~6#s N Q e ~aiasl A ~ ~ ~ ~ = O D d ~~~9eM~~e~Y ~~ $ ^ a^ ~° LO/fT/L 8tlNd5 Z °al 0 ~¢ gR o~ N w 2Y ~~~ ~tl - W o g G ~ ~ ~ ~ ... j ~ ~~~6=~~~~ ~ g ~ r co U ~ Q Q ¢~ ~d~~~ $a ~ = p wQ g +w ~ %~gR~~~~ ~ ~ y ~ rn ~o Q 3 . ~ ~ ~ ~ { 4 ~~~~[e~IY~~~ ~~ Sf a II .N'l~b ~.~ a -~. ~,L.q....o. ,~ ...., p ,~ ~.. ~« .~ ~~ .,.. ~ ~ ~ p ~~ ,~QO..~. o~.nn... un. ,,. ~. vn.~...,,a ~ ~ A ,~.om.. >u z ~.~ L. w p U ~~ ~ e. a ~ ~~~~~p~~ ~~ a ~1 ~ ~ ~ 56 Q' Q ~ ~ ~ _ ~1~~ ~ ~ w m }g~ S~~ ~~~ 1 w Q ~ 3 88"" YS I Q ~ w ~~E g~~g~ ~ ~a~a91 ~ fi ~ ~ x o o ~ 4 . ~~~~e~Y~Y 2~ $ ~ w a^ ~° ~ LO/ET/C 8'd2idS E~r y]j~4 ii ~~ J Z W F Q Q z O W 4 'Q ~ "a ' .. # ~ . I I I I I I tI I 1 ~ql I I I I I I I I I 'P""' I uw -~ I I I ~ f f f Q 10 a a Q Z O Q QW 11 W] I I I I I i I I >! Q 110 Z Q a O Q J W Y W ~ 35 mw.uu ~ -a. svL.o.. ..w w.i.oc awu ,o Vm.o~.°w.. ~u uloxu ua~.wo s.a a ml I°uo n ti.~.+muu..~xs~~wl x.alcliuwrl+i>~~nnma~i.na~m-.nv m owv"1i°"'vr~uol~9inunwiai~malwucr ~~ g~ ~$ ~ i S u a u Y~°~i~E~; ~' m ~~ p m gyiK ~ ° ~ ~ C7 U ~ Q V ~ ~~ >! ~ ~ O ~ ~ ~ gQq~e@ ~~~r,¢Y Y ~ ~ g Q LO/£T/L 9VMd5 4 =D I I I I -8 I i_ i.. i.. i i J I ~~ +g+~ g~ ~~ !~~ Z =~ m Z I I W 6' a z 0 a ~ ® I® W Q § ® I® w e i ' I k$ €~ f f ! ~ ~ ,, € m Z 0 J F[D Z W F OC Q Q z 0 a Fi W: 35 ~ a ~ ~ ~~ 3 N g ~ a~ 9 ~ o ~~~&` 3~E y~~ ~ ~ i a s rl pC Q O 1-. '$ ~~C~~ y i„ ~5~~~ Y p.~ ~ W /~p NZ~ ~ N ~ a. g• ea ~ 8 ~ y ~ 8 37 "4411e~~~~ ~ ~~ ~ ~ ~ ~ ; m Q 7^~i? * s Y a Y a ==1n Q @ R~ Y ~ 8 ] ~ mmw ~ ~ o @~ Lo rsu~ adads ~~ b s z 0 F w J W 2 F O Z LL 0 Q' d' R' E ~~ b z O Q J W H N u~ LL d' 0 2' d' a ~''^ ~. r ---~ ~~~` ~k~ ~~~ ~~ ~~ ~~ ~~I N ~ N ~ ~ ~ ~ Wogl ; j ~ 3c s ~~ uu ~c a ~ G 8 Irz~P 6 o U O Q U ~ :`:Ix°~ a ~ ~ EH:F is# e ~ 8 ~ ` Q i-dr?s - ~ r ,~ ~ a ~~ . ~ e M ~ ~` ~ 3 92 S W O _~ z =0Q ~'a gxh ~ ~~ ~~ ~~ ~~ ~4 ~~a IM ~~ ~' Ig ~ ~ ~~ a s It ~ ~' I~~ I~ ~ ~i' ~I- ~~ I~ I~ .I ~ ~ I ~~ ~ ~ i4 ~~ I ~I Ala ~I~~I~i I I I I ICI I I ~~~ ~ ~ ~ ~----- ~- g[q s~~.g a ~7 ~~R~~.~~~ "~ i ~ ~ ~~8 ~3~p~~. N Z N ~Q ~~o ~~~8~$~~~~~F. a m'm' eo"-~' Q LO!£ l!L BVNdS b ~99® ~iS ~-' ~ Q ~~ ~~~ ~f~~i~ ~~ ~~ ~~ ~~ ~~~~~~ ~ ~ g ~~ I ~ ~ l~ ~~lllll I I II I I 3~NV1'llV 1V21(11~311H~21d eyuu~3 ~ ` ° ~ ...... ,~; ,~, °tl~ a.z~nbS ~o~aQ auo~siH ~ " e o ~ ....... .......~.,.. ({#,q`~ ~ ~ ue~d adeospueq _~ ,~ ~ Z-d1,133HS 33S- 3Nf1 hI~1VW 0 3~NdI~~V lVaf11~311H~21V i ..,... ~~~~~~ \ l~ 1 4 4~ apuoyg yoea .fes~aQ a~~nbs aoc~aQ ai.zo~siH ~ ~ ~ ~ ~ o `' • \ ` ~ ~ N~ 1 0 ~ a ....,..~ h~~l~~~ 1 ~~..~.:.~ ada~s ur ve 2 ~ s ....>.., ~, p ~ la l-dl 133HS 33S- 3Nl FYJIVW r 3JNdllld 1d21f11J311HJ?Jd , n ~ apuol,~ c ~ `~ ~ l% ' ~ q~eag..fe~iaQ _ o ~ ~ o ... .............~ , c, ~ ~ _ a~~nbs ~odaQ auo~sTH ~ r:A fAe~.~.0 ~ o •-v r ;p: geld adaospae~ ~ _~ b-dl 133HS 33S- 3Ml li~lb'W 0 i Z-dl 13~IS 33S- 3NIl Fi~lb'W 3JNVIlId ldN(117311HJild ~~ ~~ ~ ~aaPu6`w ~ ~ o ~ y fl IaQ • o ~ ..,... ~r~. ~~~~ ai~nbs ~odaQ ~t.zo~scH ~ \ ~ ° ~-- ....... ........... £~~31iLi~ ueld adeospue7 ~ ~' W U s-~ ~~s ass- ~n ~lwv e ca.~"s 5'0.~'pFCyIA~SFR~t Rp~AP FDk CNU1 1 ~ ~f~~ 1 ', 1 ~y/ ~ ! Y /.f' 1 ~ ~ ~ j // , S ' ~ C.B S. `Npi~ ~ N _ _ 1 z ~-95 9R~~ t i'i' ~ W . ~ 2 i~ '~ 1 = ~~ U r : ~ `.~ :~ i i 1 E-dl 133HS 33S- 3rB1 HJ1dW 3JNVIlIV lVNfll>311HJbV ~~ M. ~.... opuo~ ~ ~ yoeag .ie11aQ $ ~ 1 n ..,..., '~ ~;f a.z~nbs ~odaQ auo~srH ' ~ ~ ^\ ~~ ~ ~ g ........ .............tj~..~~,~R ..~7„ ~ ueld adeospueZ ~~ J b i b-dl 133HS 33S- 3Nf1 Fi~1VW MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: SCOTT PAPE, AICP, SENIOR PLANNER A PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING R,~,vC THROUGH: CITY MANAGER ~~-~!S~~ C~ DATE: SEPTEMBER 26, 2007 SUBJECT: AGENDA ITEM # ~ • ~ REGULAR MEETING - OCTOBER 2, 2007 CONSIDERATION OF WAIVER REQUESTS ASSOCIATED WITH THE CLASS IV SITE PLAN MODIFICATION FOR CALVARY BIBLE ALLIANCE CHURCH LOCATED AT THE SOUTHWEST CORNER OF SW 10 STREET AND SW 8 AVENUE (898 SW 10 STREET). ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of two waivers from the following Land Development Regulations associated with the Class IV site plan modification for the Calvary Bible Alliance Church project: 1. LDR Section 6.1.2(A)(2), which requires right-of-way improvements per LDR Section 5.3.1(C) when a project is adjacent to unimproved rights-of-way (SW Stn Avenue). 2. LDR Section 4.6.9(D)(3)(c)(1), which requires a 50-foot stacking distance between SW 11tH Street and the nearest parking space or drive aisle internal to the development. BACKGROUND The subject property is 3.95 acres and contains an existing church constructed in 1962 and a fellowship hall constructed in 1999. At its meeting of September 10, 2007, the Site Plan Review and Appearance Board (SPRAB) approved the Class IV site plan modification for the Calvary Bible Alliance Church. The development approval includes the construction of an additional 12,199 square foot sanctuary, paved and sodded parking areas, and installation of associated landscaping. The SPRAB considered the waivers identified above at this meeting and recommended approval of each. WAIVER ANALYSIS: Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Waiver Requests Associated with the Class IV Site Plan Modification for Calvary Bible Alliance Church City Commission Regular Meeting -October 2, 2007 Improvement Obliaation: Pursuant to LDR Section 6.1.2(A)(2), concurrent, or prior to, construction associated with an approved development application, the development shall provide for the construction of improvements as identified in Section 5.3.1(C) and off-site improvements to the following extent: When the street or alley is located on a boundary of the project, the project is responsible for providing one-half of the current cost (in cash funds) of such improvements along its property line. The SW 8th Avenue and SW 9th Avenue rights-of-way are currently unimproved. With respect to SW 8"' Avenue, the City is currently creating a local assessment district which will require adjacent property owners to pay for the paving improvements on a frontage basis. The City will improve this right-of-way concurrentl~r with the subject development proposal. The City has no immediate plans on improving the SW 9t Avenue right-of-way west of this property. The improvement of this right- of-way will occur when further redevelopment takes place. The applicant has submitted a waiver request from the requirement to contribute half of the cost of improvement of SW 9th Avenue. The applicant submitted the following verbatim narrative in support of the request: "The status of SW Stn Avenue has been closed for several years, in fact it is our understanding from the previous senior pastor that there was a lot of undesirable activities on this dirt road. City of Delra~ Engineering and Law Enforcement actually placed a barricade across both ends at ~ ern and 90r Street respectively. The abutting portion of SW 9rh Ave. to the churches property is currently closed off. Prior to submitting this Site Plan for approval, the church pastors met with the City Engineering Department and it was noted no near future development is schedule or planned well info the foreseeable future. In the light of the above, the church believe this is an impractical cost burden to be incurred, hence we are humbly requesting this waiver." Waiver Analysis: As noted above, there are no immediate plans to improve SW 9th Avenue. Requiring the remittance of the required improvement obligations by the applicant at this time would place an unnecessary financial burden on the church. However, staff does not support the absolute waiver of the improvement obligations. Staff can support relief of the requirement for contribution at this time subject to the condition that the City Commission approves a deferral of these improvements and that the applicant enters into a deferral agreement. This deferral agreement will require the applicant to contribute half the cost of the roadway improvements when and if SW 9th Avenue right- of-way is improved. Based on the above a positive finding with respect to LDR Section 2.4.7(8)(5) can be made. Stackina Distance: Pursuant to LDR Section 4.6.9(D)(3)(c)(1), a 50-foot stacking distance between the right-of-way and the first parking spaceiaisleway is required along SW 11th Street while 32 feet is provided. The applicant has submitted a waiver request to reduce the stacking distance to 32 feet. The applicant submitted the following verbatim narrative in support of the request: "The historical and primary entry to the facility has been on the north side, specifically on SW 10t`' Street, this will remain as shown on the Site Plan with landscape improvements, new signage walls and auxiliary lighting with more than the required 50' stacking distance. The rear entrance on SW 77rn Street is new and though not required, we believe it will help circulation both on and off site, 2 Waiver Requests Associated with the Class IV Site Plan Modification for Calvary Bible Alliance Church City Commission Regular Meeting -October 2, 2007 hence it is meant to be solely and auxiliary ingress/egress and as such we are requesting this waiver. " Waiver Analysis: The development proposal includes driveways onto three separate rights-of-way, which will distribute the number of vehicles and reduce the stacking needs on any one driveway. As the applicant has indicated, the principal driveway has historically been along SW 10`h Street. It is anticipated that this driveway will continue to provide the primary access to the church property. It is noted that the City has approved similar waivers in the past where there are numerous driveways into a property. Based on the above a positive finding with respect to LDR Section 2.4.7(8)(5) can be made. RECOMMENDATION By separate motion: Deny the waiver to LDR Section 6.1.2(A)(2), which requires right-of-way improvements per LDR Section 5.3.1(C) when a project is adjacent to unimproved rights-of-way, based on a failure to make positive findings with respect to LDR Section 2.4.7(8)(5). 2. Approve a deferral to LDR Section 6.1.2(A)(2), which requires right-of-way improvements per LDR Section 5.3.1(C) when a project is adjacent to unimproved rights-of-way, based on a positive finding with respect to LDR Section 2.4.7(6)(5). 3. Approve the waiver to LDR Section 4.6.9(D)(3)(c)(1), which requires a 50-foot stacking distance along SW 11"' Street, based on a positive finding with respect to LDR Section 2.4.7(8)(5). Attachments: ^ Location Map ^ Site Plan, Landscape Plan, and Architectural Elevations ^ Letters from applicant dated June 20, 2007 ^ Site Plan Review and Appearance Board Staff Report dated September 10, 2007 3 `~ ~,PS` ~ U S. W. 6TH ST. AUBURN DR. ~ U P~~J > > m m a < ~ ~ PJeJQ~ AUBURN CIR. 5. a S. W. 7TH AUBVRN TERR. SO. S. W. 7TH ST. S. W. 7TH ST. a ~ ~ ° S. W. 8TH ST. .- 3 ~~ 3 3 3 vi ~ ,W. 7TH CT. N vi N 3 fN ao S. W. BTH S. W. BTH CT. s.w. a a ~ a a s.w. sTH sT. a N ~ ~ o s.w. sTH 3 3 3 vi 3 3 3 ~i ~i vi vi ~i S W 10TH STREET a a®Q a z m w z ~ ~ m n ROYAL ALM DR. ,~ S.W. itTH 5T. O~ w ~ 3 3 ~ vi S LING AVE. POINSETTIA DRIVE ~ a ~ a DOUGLASS AVENUE o ~ SOUTHRIDGE RD. WJ ('! W 1 Q ~ ~ GEORGIA STREET ~~J P ~ ° BESSIE ST. 1 ~ yJ~~ ~ v ?J~ µ~0~' Q ELLA ST, f~' w 3 ~~~ ~ ~~ ° SUNDY CigC/P 3 MILFRED STREET ~ ~~~~ SOUTHRIDGE R0. ZEDER AVE. BENJAMIN AVE 3 vi N CALVARY BIBLE ALLIANCE CHURCH -! LOCATION MAP CITY OF DELRAY BEACH, FL SUBJECT PROPERTY PLANNING & ZONING DEPARTMENT -- 0/GITAL Q4Sf MAP SYSTEM -- MAP REF: LM997 LEE & SHAHAMAD INTERNATIONALS INC. ARCHITECTS & PLANNER S June 20, 2007 Mr. Paul Dorling, A.I.C.P. Director of Planning & Zoning City of Delray Beach Planning & Zoning Department 100 N. W. 1~` Avenue Delray Beach, FL 33444 Re: Calvary Bible Alliance Church Class IV Site Plan Modification Delray Beach, Florida SPRAB Application -Waiver request for 9`" Avenue improvement Deaz Mr. Dorling: With reference to the Calvary Bible Alliance Church, we are writing to request a waiver of the standazd improvement requirement for streets, pursuant to LDR Section 5.3.1, on SW 9'~ Avenue. The status of SW 9~' Avenue has been closed for several years, in fact it is our understanding from the previous senior pastor that there was a lot of undesirable activities on this dirt road. City of Delray Engineering and Law Enforcement actually placed a barricade across both ends at 11~' and l0a` Street respectively. The abutting portion of SW 9`~ Ave. to the churches property is currently closed off. Prior to submitting this Site Plan for approval, the church pastors met with the City Engineering Department and it was noted no near future development is schedule or planned well into the foreseeable future. In the light of the above, the church believe this is an impractical cost burden to be incurred, hence we are humbly requesting this waiver. If you should have any questions, please do not hesitate to call. Yours truly, Anand Peter Shahamad, N.C.A.R.B. President DC~C~C~~MG JUN 2 5 2007 PLANNING & ZONING 6252 MAnRAS CIItCLE • BOYNTONBEACH, FLOiunA33437 USA • 561.732.8819 • FAx 561.736.2388 • Lic. #AA0002753 LEE & SHAHAMAD INTERNATIONALS INC. ARCHITECTS & PLANNER S June 20, 2007 Mr. Paul Dorling, A.LC.P. Director of Planning & Zoning City of Delray Beach Planning & Zoning Department 100 N. W. 1~` Avenue Delray Beach, FL 33444 Re: Calvary Bible Alliance Church Class IV Site Plan Modification Delray Beach, Florida SPRAB Application -Waiver request for 50' stacking distance Dear IVIr. Dorling: With reference to the Calvary Bible Alliance Church, we are writing to request a waiver of the 50' stacking distance requirement pursuant to LDR Section 4.6.9(D)(3)(c)(1), on SW 11~ Street. The historical and primary entry to the facility has been on the north side, specifically on SW 10~' Street, this will remain as shown on the Site Plan with landscape improvements, new signage walls and auxiliary lighting with more than the required 50' stacking distance. The rear entrance on SW 11~' Street is new and though not required, we believe it will help circulation both on and off site, hence it is meant to be solely and auxiliary ingress/egress and as such we are requesting this waiver. If you should have any questions, please do not hesitate to call. Yours ly, C ~~~ Anand Peter Shahamad, N.C.A.RB. President 6252 MADxas CIRCLE • BOYNTONBEACH, FLORIDA33437 USA • 561.732.8819 • FAx 561.736.2388 • Lic. #AA0002753 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR CALVARY BIBLE ALLIANCE CHURCH ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA This waiver request has come before the City Commission on October 2, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for Calvary Bible Alliance Church. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection 1. I. WAIVERS: Pursuant to LDR Section 6.1.2(A)(2), concurrent, or prior to, construction associated with an approved development application, the development shall provide for the construction of improvements as identified in Section 5.3.1(C) and off-site improvements to the following extent: When the street or alley is located on a boundary of the project, the project is responsible for providing one-half of the current cost (in cash funds) of such improvements along its property line. The SW 8"' Avenue and SW 9'" Avenue rights-of-way are currently unimproved. With respect to SW 8"' Avenue, the City is currently creating a local assessment district which will require adjacent property owners to pay for the paving improvements on a frontage basis. The City will improve the SW 8"' Avenue right-of-way concurrently with the subject development proposal. The applicant has submitted a waiver request from the requirement to contribute half of the cost of improvement of SW 9"' Avenue. Pursuant to LDR Section 4.6.9(D)(3)(c)(1), a 50-foot stacking distance between the right-of-way and the first parking space/aisleway is required along SW 11"' Street while 32 feet is provided. The applicant has submitted a waiver request to reduce the stacking distance to 32 feet. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Would the waiver of Section 6.1.2(A)(2), subject to the condition listed below, comply with the requirements of 2.4.7(8)(5)? The Applicant shall not be required to comply with Section 6.1.2(A)(2) at this time, however, the City may, in its sole discretion, request the Applicant comply with this Section at some future date. Yes No Would the waiver of Section 4.6.9(Dx3xc)(1) comply with the requirements of 2.4.7(8)(5)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver requests to LDR Sections 6.1.2(A)(2) and 4.6.9(D)(3)(cx1). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 2"d day of October, 2007, by a vote of in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Clerk 2 SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: September 10, 2007 AGENDA ITEM: v.B. ITEM: Class IV Site Plan Modification, Landscape Plan and Building Elevations Associated with the construction of a new 12,199 square sanctuary located at the southwest corner of SW 10th Street and SW Stn Avenue (898 SW 10tH Street). 0 GENERAL DATA: Owner/Applicant ........................ Agent ......................................... Location ..................................... Property Size ............................. Future Land Use Map ................ Current Zoning .......................... Adjacent Zoning ...............North: East: South: West: Existing Land Use .................... Proposed Land Use ................... Water Service ............................ Sewer Service ........................... Calvary Bible Alliance Church Lee & Shahamad International, Inc. Southwest corner of SW 10tt' Street and SW Stn Avenue (898 SW 10tt' Street} 3.95 Acres Community Facility CF (Community Facilities) OSR (Open Space & Recreation) R-1-A (Single Family Residential) RM (Multiple Family Residential -Medium Density} LI (Light Industrial) Church Construction of a new 12,199 sq. ft. sanctuary. Existing on site. Existing on site. s.w. vn ~.~:~ :~~ , ,x.~E~ '~~I~T`E ~.:-.B E F~O~R E .,T,H.E; B.O A,,R D'' - , ;~. The action before the Board is that of approval of the following aspects of a Class IV site plan modification for the Calvary Bible Alliance Church, pursuant to LDR Section 2.4.5(G)(1)(d): ^ Site Plan Modification; ^ Landscape Plan; and, ^ Architectural Elevations. The subject property is located on the south side of SW 10th Street, between SW 8th Avenue and SW 9th Avenue (898 SW 10th Street). A ~ y - ~~ B A C `K~G~ZfrO'U ~l\I~D, ~ ~~ ~ t,~,~ - ~~ The subject property consists of a portion of Lot 29 of the Model Subdivision and contains 3.95 acres. The property contains an existing church which was constructed in 1962 and a fellowship hall that was constructed in 1999. A site plan modification has been submitted to construct a new church and is now before the Board for consideration. ,~ ~. ~ ~~ ~~ :~ f~~,P~R~OP~.>~,E~C T`~`Dr ~~C~R i=P T~~~~ N~',,.:~;tp~ '~ -.~ The development proposal incorporates the following: ^ Construction of a 12,199 square foot sanctuary along the south side of the property; ^ Construction of associated paved and sod parking areas; and ^ Installation of site lighting and landscaping. The site plan application includes waiver requests to the following sections of the City's Land Development Regulations: 1. LDR Section 6.1.2(A)(2), which requires right-of-way improvements per LDR Section 5.3.1(C) when a project is adjacent is adjacent to unimproved rights-of-way. 2. LDR Section 4.6.9(D)(3)(c)(1), which requires a 50-foot stacking distance along SW 11th Street and SW 8t" Avenue. ~~~ ~~S~t- ,. ;~P L`~A`~N~~D I~F;I'C=`~A ,:0 ~A~`N~A'L Y S`I S ~~ ~~~ COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. SPRAB Staff Report Class IV Site Plan Modification, Landscape Plan and Building Elevations for Calvary Bible Alliance Church Page 2 LDR Section 4.3.4(K1 Development Standards Matrix: The following table indicates that the proposal complies with LDR Section 4.3.4(K) as it pertains to the Community Facilities zone district: „,'~~.€~~~ ~ ~ - Standard Provided '~ ~~niam Building Hei~~ht 48' 15' um ;Perim-eter~Se back.,: ; South 10' 108' 2" ~,~~..,N ` ~~~' ~ East 10' 90.5' t; ~~ ~ _rw West 10' 91' , , ~, ~= ~tF,~. ~,~- North 10' 381' ,Space r~`' ~ ~~' ~ 25% 37.72% LDR Chapter 4.6 Supplementary District Regulations: Parking: Pursuant to LDR Section 4.6.9(C)(6)(c), churches are required to provide one parking space for every three seats provided in the sanctuary. The proposed 690 seat sanctuary is required to provide 230 parking spaces. The proposed sanctuary provides sufficient parking since 159 standard parking spaces, 36 compact spaces, 7 handicap parking spaces, and 28 grass parking areas are proposed for a total of 230 parking spaces. Pursuant to LDR Section 4.6.9(D)(8), a parking surface of sod over stabilized base is acceptable for parking used on once-a-week or occasional basis. The proposed 28 grass parking spaces constitute 12% of the total spaces that will be provided for the church. Thus, the sodded parking spaces can be supported. Site Lighting: Pursuant to LDR Section 4.6.8 artificial lighting used to illuminate premises shall be directed away from adjacent properties. The maximum height of light fixtures and poles is 25 feet. The applicant has submitted a photometric plan that indicates that the parking area will be illuminated with the installation of 25-foot high light poles. However, the light fixture exceeds 25 feet. Therefore a condition of approval is attached that the maximum height shown on the detail of the light pole and fixture not exceed 25 feet in height, and that this also be noted on the photometric plan. Other Items: Undergrounding of Utilities: Pursuant to LDR Section 6.1.8, utility facilities serving the development including but not limited to gas, electric power, telephone, and CAN cables shall be located underground SPRAB Staff Report Class IV Site Plan Modification, Landscape Plan and Building Elevations for Calvary Bible Alliance Church Page 3 throughout the development. A condition of approval is attached that all utilities servicing the site are located underground and that a note is placed on the site plan. Dumpster Enclosure: Pursuant to LDR Section 4.6.6(C)(1), dumpsters, recycling containers, and similar service areas must be enclosed on three sides and have vision obscuring gates on the fourth side, unless such areas are not visible from any adjacent public right-of-way. The proposed dumpster enclosure will be concrete block with stucco finish and will have chain link fence gates with slat inserts. The slat inserts are prone to deteriorating/breaking. Therefore, a condition of approval is attached that the slat inserts are replaced with wood slats that are attached to the chain link gates or other vision obscuring gates acceptable to the Board. Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Improvement Obligation: Pursuant to LDR Section 6.1.2(A)(2), concurrent, or prior to, construction associated with an approved development application, the development shall provide for the construction of improvements as identified in Section 5.3.1(C) and off-site improvements to the following extent: When the street or alley is located on a boundary of the project, the project is responsible for providing one-half of the current cost (in cash funds) of such improvements along its property line. The SW 8th Avenue and SW 9th Avenue rights-of-way are currently unimproved. With respect to SW 8th Avenue, the City is currently creating a local assessment on the adjacent property owners to improve this right-of-way. Consequently, the City will improve this right-of-way concurrently with the subject development proposal. The City has no immediate plans on improving the SW 9th Avenue right-of-way. The improvement of this right-of-way will likely occur when redevelopment takes place and access to this road is proposed. The applicant has submitted a waiver request for the standard improvements to the SW 9th Avenue right-of-way. Waiver Analysis: The applicant submitted the following verbatim narrative in support of the request: SPRAB Staff Report Class IV Site Plan Modification, Landscape Plan and Building Elevations for Calvary Bible Alliance Church Page 4 `The status of SW 9th Avenue has been closed for several years, in fact if is our understanding from the previous senior pastor thaf there was a Jot of undesirable acfivities on this dirt road. City of Delray En ineering and Law Enforcement actually placed a barricade across both ends at ? 9th and 90~ Street respectively. The abutting portion of SW 9th Ave. to the churches property is currently closed off. Prior to submitting this Site Plan for approval, the church pastors met with the City Engineering Department and if was noted no near future development is schedule or planned well into the foreseeable future. !n the light of the above, the church believe this is an impractical cost burden to be incurred, hence we are humbly requesting this waiver." As noted above, there are no immediate plans to improve SW Stn Avenue. Requiring the remittance of the required improvement obligations by the applicant at this time would place an unnecessary financial burden on the church. However, staff does not support the absolute waiver of the improvement obligations. Staff can support the waiver subject to the condition that the City Commission approves a deferral of these improvements and that the applicant enters a deferral agreement. This deferral agreement will require the applicant to contribute half the cost of the right-of-way obligations when the SW Stn Avenue right-of-way is improved as determined by the City Engineer. Based on the above a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. Stacking Distance: Pursuant to LDR Section 4.6.9(D)(3)(c)(1), a 50-foot stacking distance between the right-of- way and the first parking space/aisleway is required along SW 11tH Street and SW Stn Avenue. The proposed stacking distance along SW Stn Avenue is 56.5 feet. However, the proposed stacking distance along SW 11tH Street is 32 feet. The applicant has submitted a waiver request to reduce the stacking distance along SW 11tH Street. Waiver Analysis: The applicant submitted the following verbatim narrative in support of the request: `The historical and primary entry to the facility has been on the north side, specifically on SW 90th Street, this will remain as shown on the Site Plan with landscape improvements, new signage walls and auxiliar~r lighfing with more than the required 50' stacking distance. The rear entrance on SW 9 9t Street is new and though not required, we believe it will help circulation both on and off site, hence it is meant to be solely and auxiliary ingress/egress and as such we are requesting this waiver." The development proposal includes driveways onto three separate rights-of-way, which will distribute the number of vehicles and reduce the stacking needs on any one driveway. As the applicant has indicated, the principal driveway has historically been along SW 10tH Street. It is anticipated that this driveway will continue to provide the primary access to the church property. It is noted that the City has approved similar waivers in the past where there are numerous driveways into a property. Based on the above a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. SPRAB Staff Report Class IV Site Plan Modification, Landscape Plan and Building Elevations for Calvary Bible Alliance Church Page 5 Technical Items: While the revised site plan has accommodated most of the staff concerns the following item remains outstanding, and will need be addressed prior to building permit submittal. 1. That the public sidewalks along SW 11 Street and SW 10~' Street extend through the driveways. r~"t '~'~~~# ~° L A`I~`D~S C A;P E ""A N'A`L-'~Y S41}S~°.~: -, .,- _"~:,. .,.,~_,. A landscape plan has been submitted and evaluated by the City Horticulturalist. The landscape plans provide for perimeter and interior landscape areas adjacent to the proposed sanctuary, existing buildings and parking areas consisting of Hong Kong Orchid trees, Brazilian Beautyleaf trees, Pitch Apple trees, Wax Privet trees, East Palatka Holly trees, Live Oak trees, Mahogany trees, Glaucous Cassia trees, Cat Palms, Coconut Palms, Pygmy Date Palms, Alexander Palms, and Cabbage Palms. These areas will be underplanted with Crinum Lilly, Queen Emma Crinum Lilly, Silver Buttonwood, Red Tip Cocoplum, Dwarf Crown-of-Thorns, Green Island Ficus, Wax Jasmine, Dwarf Holly, Simpson's Stopper, Plumbago, Mexican Bluebell, Trinette, Sand Cordgrass, and Sandankwa Viburnum. The proposed landscape plan complies with the City's Land Development Regulations (Section 4.6.16). ~~"} ~AR'CHITEC~TURAL ELEVATIONS Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered by the Site Plan Review and Appearance Board in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved. (1) The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. (2) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. (3) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The proposed building is a contemporary interpretation of a standard parochial architecture. The building will have a blue standing seam metal roof with stucco walls. Additional architectural interest is provided via vertical and horizontal reglet control joints and reveals, porte cochere, medallions, and prefabricated fiberglass church steeple. Natural lighting to the interior of the building will be provided via roof ridge skylight and aluminum storefront windows with circle head windows. The walls, fascia, and columns will be painted white. SPRAB Staff Report Class IV Site Plan Modification, Landscape Plan and Building Elevations for Calvary Bible Alliance Church Page 6 Based on the above, a positive finding with respect LDR Section 4.6.18(E), provided the conditions of approval are addressed. REQUIRED FINDINGS Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas: Section 3.1.1 (A) -Future Land Use Map: The subject property has a CF (Community Facilities) Future Land Use Map and Zoning Map designation. Pursuant to the LDR Section 4.4.21(8)(5), churches and places of worship with attendant uses of day care, pre-school, educational facilities, and with other normal educational (Sunday school) and recreational facilities, and support facilities (e.g., parsonage) are permitted uses in the CF zoning district. Pursuant to the Comprehensive .Plan Future Land Use Element, the CF zoning district is consistent with the CF Future Land Use Map designation. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. Section 3.1.1 (B) -Concurrence: As described in Appendix A, a positive finding of concurrency can be made as it relates to water, sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. Section 3.1.1 (C) -Consistency (Standards for Site Plan Actions): As described in Appendix B, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 3.1.1 (D) -Compliance With the Land Development Regulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can be made, when all outstanding items attached as conditions of approval are addressed. Section 2.4.5 (F)(5) -Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. SPRAB Staff Report Class IV Site Plan Modification, Landscape Plan and Building Elevations for Calvary Bible Alliance Church Page 7 The subject property is bordered on the north by OSR (Opens Space and Recreation) across SW 10th Street, on the south and east by RM (Multiple Family Residential -Medium Density) across SW 11th Street, on the west by LI (Light Industrial) across the SW 9t" Avenue right-of- way. The existing land use to the north is the Delray Beach Memorial Gardens cemetery; to the south, east, and west by The Groves multiple family development and single family residential units. The proposed improvements to the property will be an aesthetic asset community. The new sanctuary will allow the church to provide sufficient area for its parishioners and will be a positive influence on the community. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following is noted: Future Land Use Element Objective A-1 -Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The proposed church will provide a transitional buffer between the heavily traveled SW 10~' Street and the residential neighborhoods to the south. It is noted that there are no known conflicts between the church and the surrounding residential neighborhood. Housing Element Policy A-12.3 - In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As noted above, there have been no known conflicts between the church and the surrounding neighborhood. The new sanctuary will not create a significant incompatibility with the neighborhood. The new construction will be an aesthetic and community asset to the neighborhood. r „~` ~ R..E VII E{ O `E R S`` ~4r r,~ ,~~ ~'~ t •~.~ The development proposal is not located in an area that requires review by the CRA (Community Redevelopment Agency) or DDA (Downtown Development Authority). Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: ^ Neighborhood Advisory Committee SPRAB Staff Report Class IV Site Plan Modification, Landscape Plan and Building Elevations for Calvary Bible Alliance Church Page 8 Letters of support and objection, if any, will be presented at the SPRAB meeting. -, '~~ `'~~`°n`~E~~ ~.. ~- 5 S~EpS S~N'I E'~N'.T~~~A'N DY'`C~O~fV'C'L~U S I O~N~~" ~~ `~fi ~`~` ~}'' The development proposal will be consistent with the policies of Chapter 3 and Section 2.4.5(F)(5) of the Land Development Regulations, and policies of the Comprehensive Plan provided the conditions of approval are addressed. The proposed development will be compatible and an asset to surrounding residential uses. ';r~: ~S ,~ ..;~~ +~~.r y~ f;~ ~~A L`~T~ E''R N A T,;1 V; E' ``IA~C'~T 1 C N S~ - s~~ , ~ ~~.~-. ~~`,: A. Postpone with direction. B. Move approval of the request for waivers and a Class IV site plan modification, landscape plan and architectural elevations for Calvary Bible Alliance Church, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F)(5), 2.4.7(8)(5), and Chapter 3 of the Land Development Regulations, subject to the attached conditions of approval. C. Move denial of the request for waivers and a Class IV site plan modification, landscape plan and architectural elevations for Calvary Bible Alliance Church, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(F)(5), 2.4.7(8)(5), and Chapter 3 of the Land Development Regulations. F~. ~,~ .<, ~. `~T- xf ~~S;`T~A~F`F'RLE C ~O~ E`t~~b~A~T'I .~ . _,^~~ .`' *~..~ By Separate Motions: Waivers: 1. Recommend approval to the City Commission of the waiver to LDR Section 6.1.2(A)(2), which requires right-of-way improvements per LDR Section 5.3.1(C) when a project is adjacent is adjacent to unimproved rights-of-way, based on a positive finding with respect to LDR Section 2.4.7(8)(5), subject to the condition that the City Commission approve a deferral of these improvements and the applicant enter into a deferral agreement. 2. Recommend approval to the City Commission of the waiver to LDR Section 4.6.9rtD)(3)(c)(1), which requires a 50-foot stacking distance along SW 11th Street and SW 8 h Avenue, based on a positive finding with respect to LDR Section 2.4.7(8)(5). SPRAB Staff Report Class IV Site Plan Modification, Landscape Plan and Building Elevations for Calvary Bible Alliance Church Page 9 Site Plan: Move approval of the request for Class IV site plan modification approval for Calvary Bible Alliance Church, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(F)(5) and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. That revised plans are submitted addressing all Site Plan Technical Items and conditions of approval; 2. That the maximum height of the light pole and fixture not exceed 25 feet in height and so noted on the photometric plan and reflected on a revised detail; 3. That letter be submitted from the Palm Beach County Traffic Division that indicates a finding of concurrency; 4. That a note is placed on the site plan that indicates all utilities servicing the site are located underground; and 5. That the dumpster enclosure slat inserts are replaced with wood slats that are attached to the chain link gates or other vision obscuring gates acceptable to the Board. Landscape Plan: Move approval of the request for landscape plan approval for the Calvary Bible Alliance Church, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 4.6.16 of the Land Development Regulations. Elevations: Move approval of the request for architectural elevations for Calvary Bible Alliance Church, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.18(E) of the Land Development Regulations. Attachments: • Appendix A • Appendix B • Site Plan, Landscape Plan, and Building Elevations Report prepared by: Scott D. Pape, Senior Planner "~ ~4~k ;` ~`~ ~ P P E=N D~I X A ', a ~. ~,7 ;~k-_ ,t ~w:;_ ~ ~r`~~''-`" N-C~U~R`R E N C~Y ; F?I N b-I N {G S~.~: ` 4 r~ Pursuant to Section 3.1.1(B) concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: With respect to water and sewer service, the following is noted: ^ Water service exists to the site via 10" water main along SW 8'h Avenue. Adequate fire suppression is provided via an existing fire hydrant mid-block along the west of SW 8"' Avenue. ^ Sewer service exists via service lateral connection to an existing 10" main along SW 8"' Avenue. The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the adopted LOS at the City's build-out population based on the current FLUM. The proposal will have an insignificant impact on all public services and was anticipated for this property and was factored into the plan. Thus, a positive finding with respect to this level of service standard can be made. Streets and Traffic: A traffic impact statement has been submitted that indicates that the 12,199 square foot sanctuary will generate a net increase of 5 a.m. peak trips and 63 average daily trips. It is anticipated that the proposed modification will comply with the Palm Beach County Traffic Performance Standards Ordinance. However, a letter must be submitted from the Palm Beach County Traffic Division that indicates a finding of concurrency and is attached as a condition of approval. Parks and Recreation Facilities: Park dedication requirements do not apply for non-residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. Solid Waste: Based upon the Solid Waste Authority's Trash Generation Rates, trash generated each year by the additional 12,199 sq.ft. of floor area will be 1.6 pounds per square foot for a total of 3.81 tons/year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2024, thus a positive finding with respect to this level of service standard can be made. Drainage: Drainage is accommodated on site via sheet flow and roof drain to an exfiltration system with outfall to a retention area on the north side of the building. There should be no impact on drainage as it relates to this level of service standard. Schools: The project contains no residential component. Therefore, school concurrency is not applicable. . `' ~~ ~S~TA +D~A,R"DS'~FO~R"SITE:"PLAN `ACTI~ON~~S'- -. , . 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 X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard X Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent Appendix B Standards for Site Plan Actions Page 2 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 X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent ~ ~~ _ ~ a v~~ '~~vae avx~aa .L93NJS H.GII 'M'S 968 ~~ ~ ~ a ~ ~ I ~ ~' ~ t ~~! ~!a H~2If1H~ ~~I~IdI'I'Id ~'IgIfl A~IdA'Id~ ~ZI03 121VILL~rIVS Q3SOdO~id !®~ ~ e ~ ~ ~, I ~ ~g~ x G~ s~ ~ ~~ ~ ww S ~~ ~Sw ~ ~1 ~t Y ti T@ ee p} Z o Z w ~ ~ .~ #8 ~ 1118 ~ S ~~ ~ C~ ~~ ~ ~ ^ ~ ~ C 1~ ~~ ~ ~ ~~ ~ ~~~ ~. a ~ ~~=e 1 ~I ~I 3i Vi --~-- r__ ~~~ ~ ~ ~ ~~1 ~ ~~! i m 1 ~ 0~ 1 '~~, y3 i ~° 5 -_ revw ~~ruLVV,d c ~ ~ ~ ~ ~ t+QWO'1d 'M70'3G AV'aIl3G ~ ~ A ~ ~ S Y ~ ~ ~ $z~ 1SI3iLL9M1OIfi9YM ~ii~~ ~~~ ~~ i ~~ a~ ~tl3 :~ N~I1H~ ~7N'dl'1"lb' ~'T919 J~+~7J111y~ a~~~~ ~~~~ 1 ~~ tt[ ft ~f # yy! as si ~ ~ ~ jl~i: f 1Y11l1~ Slf !f I1 fI YI~YSY t ~ . f#f'(}t#ft# 1l{~f: #D !! Y!!Yllxs~grYy, a{ t i ~ ~ (~~ :!i}~'!~s '`!#~~! l! 66s 1551 kpllii! ¢ i {s{ ~! i !b ttt ill Y155i4l rk p~f ),, ! i' ~ {jj(( .....~, >~~':t: is Si~ft~bi`ii~` 5 t ['~ fit,! Fj <t~b!{~ #~~~ii! 3t ~I~;tf~t)ifi f~~ ~~~flE i~}~ ~ #~~6l~i~iil~~i ~i ~~#~t~~~ii~~~ ~ ~, ;1t~l~lr~i~ ~~~ ~~t ~ ss . , _.... ~.,~. .... s.s S!!l3a1951e19 p t~~~~~1~~~~=~ srl.~tii:~al~erel~a3~eoe::=err'slrt~ Z "ia .'i ,~f' ~ ! ! , ; ~ ~I~jj~t ~~~~~ li ~j f~ili~E;~ "~ ~~#~~t~ ~~~~~ ~; tt ~ Zfj ~~~}#}i ~~i ! '~ ! :~. ~ ~~l~f~1~ r~si{f~~ t~~j ;;i~~~f~~; ftf ~ if~~is~~~~t~~~#~ti~~lt tEl~#tiaialii a i~~i~#;~Ia~lEl~a4G~1f~~ fl ~I b tf~t~ f~~;tf ~ ~~ ~!# ~ `t, ~ ! !1 _ ~ it ~i liiji; it~~}~~ }~ ~~ i~~ t !~ fs jj! ~ , ftEjll~f l.tf~dlf~srt'~,l~1~, b b : . . . ~ ~ i i f ~ i ~ ~ f i ~ ~ 4 a ~ ~ ~ ~ ~ ~ i ~ ~ 8 9 9 } } 3 i ~ i 6 ~ ~ E g E ~ ~ ~ ~ [[ ~ ~ ~ t ~ ~ ~ # t € € ~ ~~ ~! ~~ r ~s~i t~ ~ ~:: : i~ ,~,~~ !~ ef~~tt i~ li lt~E ~ ~~i ~ ~ ~ ~ ~" ~s 1~ -, ~~~~ ~~~~ 4 SYi a0 > > \~ ~\ c`~ ti~ ~ ~~ ~~~~ iF d y'~~ a ~~~~~~f~2 ~~~~~~~~ .3i~ L ~~s5 ~ ~~~~~~~~~~~~i s~9g a~e3Y,~f£~itb ! ~~ l;f~ ~~~' ~~ ~, ~~ ~ . ~~ I i ~ ~~ ~, ~ ! ~~~ ~ I ~. ~ j~ V.i ~, ~. ~.. ~. . V I.Y VQI110'L~I $~Y3fl AVII7HQ !y~ ~ ~ 8 ~~ ~~ ~ 133N.IS H.C01'M'S 868 S ~j . E' e!`~~ H~2If1H~ ~~I~I`dI'I'I~v ~ZSIfl A?IdA'Id~ •s ~ t ~ ~ZIOd I~IVI].I.ONVS QHSOdO~Id ^ ~~ ~~~R~f6I~ ~ ~~ ~ ~ ~ ~ i is ~uiu a r it 0 w ~+ ~ 3 I I !i ~ ~ I~ ~ ~ i~ ~ ~~ it Iii ti ~;s I I I I I -' I I ~- "L ~ ~ r ~~ 9~ i ~~ rw ,,. "C 0 <~ w y~ °o't i a w cc ~ w e~ h_~~, vmnma `x~vaa eva~a ~ ~ ~ ~ ~~~ $~~'~_E1 TT vf~i~^ ^~7{,~~7~Tt7 ~7cTT.I3H171.LS~iH.I~.O["M~i'S~7fl68 ~~ ~' 8~i~~i I1~Qt li1/ '~' /l~l Y 1 1 1 Y '3 lal~ /1Q Y ~ 1 v ~ ~ ®s~ ~ ~' ~I03.121Vf1L~NVS Q3SOd02Id ~~ ~ ~~~ t~ i i ~ ~ a olldi j ~ I ._ i i ~ ~~ ~~ i i~~~ i j j I~ I: e~ I Ill ' ~ I ~'~ I ~ i ~ ', ~~~j~ ~ E~ i ~ 9 ~i~ ~ ~ ~ Z ~~j ~ ~~ I ( l i.i ~i~iu W ~ ~ j ~ I ~ ~ ~ ~ ~ ~ ~ I j I -- r. ~, 0 s ~~ ~~ i~ i~ ~I ~If ~~~ f ~~ k ~ i ~~ ~ I ;~ ~~ 1z w Z ~' ~~ w MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: SCOTT ARONSON, PARKING MANAGEMENT SPECIALIST PAUL DORLING, AICP, DIRECTOR PLANNING AND BONING THROUGH: CITY MANAGER ~55~st~t'~~ DATE: SEPTEMBER 26, 2007 SUBJECT: AGENDA ITEM # ~ ~ ~ -REGULAR MEETING OCTOBER 2, 2007 APPROVAL OF A REQUEST FROM DRAGONFLY RESTAURANT FOR THE PURCHASE OF SIX (6) IN-LIEU PARKING SPACES ITEM BEFOF><E COMMISSION The item before the City Commission i~ the approval of a request from the Dragonfly Restaurant for the purchase of six (6) in-lieu parking spaces to accommodate the conversion of use of an historic single family residence to a restaurant. BACKGROUND The Dragonfly Restaurant, located at 125 NE 1~ Avenue has submitted an in-lieu of parking request in association with the conversion of an historic single family residence to restaurant. The existing structure was constructed in 1937 and relocated to its current site in the Old School Square Historic District in 1949. There are currently two {2) structures on the site totaling approximately 1,758 sq. ft. The conversion includes the demolition of approximately 250 sq. ft. of a rear addition to accommodate five (5) off-street parking spaces accessed from the alley and construction of a 316 sq. ft. addition joining the two buildings. Based on the parking requirements of Land Development Regulations (LDR) Section 4.4.24(G)(4), 6 spaces per 1,000 of total floor area, the 1,824 square foot restaurant requires 11 spaces (1.824 x 6 = 10.94 ,rounding up to 11). Due to site constraints, it is impossible to provide more than the five (5) proposed spaces. The applicant is requesting to purchase six (6) in-lieu parking spaces at a cost of $7,800 per space. LDR Section 4.6.9(E)(3)(e) also allows for up to 50°k credit for additional public parking spaces constructed in the right-of-way adjacent to the property. The development proposal includes the construction of two (2) on-street parking spaces, thus reducing the total in-lieu fee from $46,800 to $39,000. This fee will be paid via an in-lieu of parking fee payment agreement. Given the subject property's close proximity to the public parking garage at Old School Square (1/2 block), and iYs consistency with Objective A-4 of Future Land Use Element of the Comprehensive Plan, which calls for the preservation of historic resources when redeveloping land and buildings, staff supports the applicant's request. REVIEW BY OTHERS The Pineapple Grove Main Street Board, Community Redevelopment Agency and Parking Management Advisory Board, at their respective meetings, unanimously recommended approval of the applicant's request. By motion, approve the request from Dragonfly Restaurant for the purchase of six (6) in-lieu parking spaces, at a cos# of $39,000 to be paid via an in-lieu of parking fee agreement, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.9(E)(3) of the Land Development Regulations. Attachment: Location Map ~~~~a~~ N.E. v `^ z N Z 3 z N.E. 3 z ~~ A T L A N T I C ~~ Z N 2ND ~a~ a z 0 ~ N z ~ Z N 1ST I,.i 3RD a ~w ~' N DRAGONFLY RESTAURANT _! R PERTY 125 NE 1ST. AVENUE CITY OF DELRAY BEACH, FL Q LOCATION MAP PLANNING Ac ZONING DEPARTMENT -- DlCITAL &ASE MAP SYSTEM -- ST. J Q O_ W W L~ Z m •- O 0 Z (n A V E N U MAP REF: U:\AutoCAD\Scott A.\Oragonfly Restaurant IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA IN LIEU PARKING FEE REQUEST FOR DRAGONFLY RESTAURANT ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This in lieu parking fee request has come before the City Commission on October 2, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in lieu parking fee request for the Dragonfly Restaurant. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. IN LIEU PARKING FEE: Pursuant to LDR Section 4.6.9(E)(3}, when additional parking is required for a change of use and it is impossible or inappropriate to provide such parking the City Commission may approve the payment of an in lieu fee rather than provide the required parking. Does the In Lieu Parking Fee request for six spaces meet the requirements of LDR Section 4.6.9(E)(3) and the conditions, if any, listed below? Yes No 3. The City Commission hereby finds that the In Lieu Parking Fee Request meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the conditions listed above, if any, and the City Commission has applied the Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained 1 in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the in lieu parking fee request as set forth above. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 2"d day of October, 2007, by a vote of in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Clerk 2 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS DAVID T. HARDEN, CITY MANAGER FROM: SUSAN A. RUBY, CITY ATTO DATE: SEPTEMBER 26, 2007 SUBJECT: AGENDA ITEM #-I • ~ REGULAR MEETING OF OCTOBER 2, 2007 APPOINTMENT OF OUTSIDE COUNSEL ITEM BEFORE COMMISSION Waste Management is represented by Holland & Knight and Holland & Knight has agreed to represent the City in the matter, at no cost. The item before the City Commission is approval of the appointment of the law firm of Holland & Knight, LLP as outside counsel in the case of Jetport II, LLC and Sun Recycling, LLC v. The City of Delray Beach and the Delray Beach Code Enforcement Board, at no cost to the City. BACKGROUND The complaint arises out of a citation issued by the City to Jetport II, LLC citing Jetport for failing to use roll off containers obtained from the City's franchisee, Waste Management. The City has a solid waste collection franchise agreement with Waste Management and part of that agreement provides that all roll off containers for construction and demolition debris must be obtained from Waste Management. Jetport obtained its roll off containers from Southern Waste Systems. Jetport filed a Writ of Prohibition as well as claims for Declaratory Relief and Injunctive Relief against the City in order to obtain a ruling from the Court to allow it, Jetport, to continue to use roll off containers from Southern Waste Systems. Waste Management is attempting to intervene in this case as there rights maybe affected by the Court's ruling. RECOMMENDATION Approve the appointment of Holland & Knight, LLP as outside counsel in this case. MEMORANDUM TO: Mayor and City Commissioners THRU: David T. Hazden, City Manager ~'ISS'~~"~ ~~ Richazd C. Hasko, Environmental Services Director FROM: Begoita Krane, Engineer SUBJECT: SWIM AND TENNIS WEST PARKING LOT PROJFLCT# 2006-011 DATE: September 24, 2007 ITEM BEFORE THE COMMISSION This item is before the Commission to approve the contract with All-Rite Paving Contractors for the construction of the Swim and Tennis Center west pazking lot in the amount of $135,804.50 (attached is a complete Bid Tab). The scope of work includes asphalt removal, new parking lot lighting, landscaping, construction of 1" Asphalt overlay, concrete curb FDOT type "D", pavement marking and signage, S' wide concrete side walk, and 100 square yards Asphalt Patch and tree root removal from the existing parking lot. . BACKGROUND The project is to install new Lights, Landscaping and Resurface the west parking lot at the Delray Beach Swim and Tennis Center. The Swim and Tennis Center Club House was constructed in 2006 as part of the Phase L The parking lot improvements represent the next Phase of improvements. The apparent low bidder, All-Rite Paving Contractors, Inc., did not acknowledge Addendurn #1, but they did acknowledge Addendum #2. All-Rite Paving Contractor's bid is based on the same quantities and materials as all others bidders therefore the lack of acknowledgement of Addendum # 1 alone has no affect on the bid amount. The differences in price between the lowest and second lowest bidder is $37,150.00. The City Staff request Commission wave the irregularity of the lack of acknowledgement of Addendum # 1 and award the contract to all Rite Paving Contractors in the amount of $135,804.50. Attached are the bid tab and location map. FUNDING SOURCE Funding is available from 117-4133-572-65.57 RECOMMENDATION Staff recommends waiving the irregularity of the lack of acknowledgement of Addendum # 1 and approval of the contract award to All-Rite Paving Contractors for the west parking lot at the Delray Beach Swim and Tennis Center Project. cc: Agenda File 10/02/0 File 2006-011 (E) U:\ww~dwl~gmdalAg«~ds Ingo lo.z.oTOctober 2 manoRV.doc .-a z .--~ a o E~ ~ ~ o 3~~ a .~ ~z~, F O Q Q 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 O 0 ® 0 M N I~ O O ~f1 N O N ~ I~ 0 O 0 O 0 O 0 O 0 O ~ h p 0 O 0 0 O 0 0 O ~ ~ f0 0 O O 0 Gn V' ' 0 O O U7 0 O N M 0 O O 0 O O O 0 O M OD O O ~ O O O O O ~ N n ~ O O O O O O O_ H "° H ~ O O ~ M N M N a0 O O O r M O N V' O C M M f0 N O 01 O O I~ ~ N V W M ~(1 O O N r1 p ~+. O Vf O ~_ m N r ? V (O 1~ ~ A r N N t ~ O V H . h in h ~ to ~ f9 H H fq H f9 N f9 ER lA fA M H f9 1A N f9 M H N iH fM f9 fH fA f9 f9 b9 (A FR 69 H Vi W 0 O 0 O 0 O 0 u'7 0 0 0 0 0 0 0 0 0 0 0 0 ~t7 0 O 0 O 0 O 0 N 0 O 0 O 0 O o O O s ~f1 n N ~ ~ ~ ~ N N r 0 0 0 0 0 0 0 0 0 0 :~i O O O O O K) ~ O O N O a0 M V' f~ ~ H O N O O O O O O M H O O 0 O 0 b ap •. o ~ O (A O T fA O (fl M Of H ~!1 N O M N V I~ ~ O N o o ~ iA n in in fn u~ ~n v~ v o v v~ m o v cc ui y r ~ ~ ~ H H H H .~ ~ ui t9 H ~ t~ v fA » b9 Hi 19 ~ c9 Q m Wy~ F fC m o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 Q o 0 g o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 g o o o 0 o o 0 o o ~n c ~ 0 o o 0 o m 0 0 v 0 0 v 0 0 o 0 o 0 ro 0 o 0 o 0 o 0 v o o o o o ~ ~ O S i: ~ ~ o co o r ao n vi oo o o o o o ~n ~ri ao o 0 ,o„~~ O ~ M ~ OD f9 O O 1A O 00 f9 O r ~ N 40 /9 M O N K O t!7 {9 N M f9 O H R N i9 N M f9 ~ O !fl 0 (9 0 N 69 ~ a f9 0 <f f9 [O H 69 ti iA ~ VN' 69 yNy~~ H M f9 ~ f9 O fA N fA M f9 ~ iH ~ N 1A O ~.j fA O f9 ~ f9 ~ f9 y p~ N r . u 4p ~ -~ 0 O 0 O 0 O 0 N 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O O 0 O 0 O 0 O 0 o 0 0 0 0 0 0 0 0 0 0 0 0 t(1 O O O O O O M O O N N N_ (O (A fD M C N 0 O 0 O 0 O 01 di O O C ~ G r C p r fA ~_ N_ O M Of !A O O O O O M N M O b9 w~ ~ O O (9 N d9 i9 fA (9 ~ O O O 4g y N iR fA 69 i9 M i9 fA H .v /9 b04 H i9 OM fA ~ ~ ~ Vf ~ m W O O ~ m m Q m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~i ' o 0 $ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 g q~ o 0 O o 0 O o 0 O v~ 1~ aD o O O 0 ~ M 0 0 t0 0 0 O 0 0 O 0 O 0 N 0 O 0 O 0 O 0 (O 0 O 0 O 0 3 "~ O ~ O ~ ~ N (O ~ O ~ O O ' N (D O M f G O1 M O O O N C N N ~ O_ ~D O ~ O „M~ a @ `1 ~ to f~ N _ N N O ~ O ~ I~ aD < u'i V' O ~O H O (O f0 ~1 N N N ~ I~ f9 f~ N fR O V fA (O H f9 ~D pppp N ~ N O N f9 (A C f9 f9 0 fH /9 f9 ~ _ N fA fA H r H Ifi + V V! i9 f9 in /9 in f9 f9 f9 fA f9 f9 H 69 N f ! ., 0 o 0 o 0 o 0 u~ 0 o 0 ~n 0 o 0 o 0 o 0 o 0 ~n 0 o 0 o 0 o 0 o 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Qr: ,' O O O O O O N O O m f9 M O N t0 /9 ~_ 1~ f9 O O O O O O fD fA 0 O 0 O ~ ~ p r O ~ N b9 N 69 N fA c0 f9 O di fO !A O M O N N r O M ~ I~ 6i {+ ~ ~ VT to f9 M IA H O (A f9 fA iH h f9 N fA N i9 O b9 fO M r ~ N ~ Q f9 _ f9 fA H H m . ~ , ~` W D Q h m m ~ Q m W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~i 0 o $ 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o g p N ~ c`e o 0 0 o 0 0 0 v 0 0 0 o 0 0 00 0 0 0 o 0 oo 0 00 cam 0 ~o .- 0 o v, 0 o o o o oo o o o o o o o va ~ ~ a o o o o M o %9 h e~l o o o ~ ~ co ~ ~ o o ~ rn ~ m o ~n o a o o ~ N m o o ~ r ~ ~ Q. h i M 1~ v h ? ~ th R H N 00 fA ~ V _ fA ~D R 69 iA ~ O 00 e GC N H ~ _ 00 H N H - O y9 N n fV 00 H _ N N ~ ¢ fA 69 fA M H fA .--~ us 69 fA 69 i u9 H es sr, » is ui fn ~, is ~+ ., N F O ~ a W 0 o 0 0 0 0 0 0 0 0 0 ~n 0 o 0 0 0 0 0 0 0 0 0 0 0 o 0 v, 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U o o o o o 0 c ~ o o c~ v> o; v~ ~; ~i es v; zv o a o o o o M vs o o o 0 o c o v; cis -: b c 9 -~ 9 -~ - o f o o o o ~.i ~ M v c o CG O v1 O fA O 69 (A 0 0 O M 69 O 9 6 6 fA A M M N (A N A 0. ~ ~ a v v v e" o v> vi v3 c E„ va s4 ~.v v, va Fn mH Z ~ ~ ~ } .-. .-. ONO 00 ^ W N N 7 N M O .-. O ~ N N .-. ~ b ~ .-. VMi O 000 N O O N Ol M N ~ ~ a W F W o ~, a ~ W ~ rn rn ti cL ~ ~ T ~ >- ~ w ~ ¢ ¢ w ~ cn rn rn ¢ ¢ ¢ d d d ¢ ¢ ¢ ~- w Z a a a .. a v, v, v, v, v~ a a w w ~ a a a a w w w w w w w w w ~ ~ ~ W ~ ~ . i° d o z ~ C Y V] ~ G M ~ d O N ... ~ ~ A N ~n ~ ~ " b ~ ~ ~ ~ C7 ~ ~ p 3 G ~ .. b• O a ep G O b ~ M x F' %V U "' ~ A C L ~' ~ ~ U C d r N iE Q M V ~ [--r r~i _O Q o u ~ ~ ~ ¢ s ~ y~ ~ F a '" ~ 0 3 3 ~° ~ Q ~' v o a '° '~ E ~ ~ r ~~ ~ `fie ~ " ~ 'a ¢ d . v E ~ ~ ~ o . o o ~ ~ !~ ~ m w ~ Go w ~ ew O ~ ~o m .~ C ~ E O iv E U cn ~ .-. . ~ F ~ ~ d ~ 5 -~ .X ~ ~ ~ ` d ~ y . ~3 o '° d ,G ~ Q g a3 o ' a i ; 3 O o - ~ ~ ~ ~ ~ ° o ~ a ~ ~ ~ y > ~ ' o F ~ ~ ~ u U O`6, =, - oo ~ ~ "v~ a ' ~n E O ~7 > ° a w c7 ty O 7 C c7 :i a . s. v i 0 ~--~ N M R vi ~O l~ 00 U O ~ N M V ~ ~ ~ W G1 O N ~--~ N N N M N C N N ~O N l~ N 00 N U N O z -~ HERON __ CRIVE /~ V {~ T ~~~ CITY cat ©ELRAY BEACH TFE OELRaY SHnI~ & a-,E~~-o~-o~ ~~~ ~~~~ TENN S CENTER WEST PARKING SOT LAN°~9°"" ~wsoumawnoN~ISw.~r~o~tR~-a~ LOCAl10N MAP 206--011 lIN TON 8 LVO ~ Date: 24 September. X007 AGENDA ITEM NUMBER: ~ ' .. AGENDA REGLjEST Request to be placed on~ /~ onsent AgendaRegular Agenda Workshop Agenda TSpecial Agenda When: ,~Q,, 2007 Description of Agenda Item (who, what, where, how much): Request for Commission approve a contract with All-Rite Paving Co~ractors. for the construction of Swim and Tennis Center west parking bt in the amount of 5135,804.50. The scope of work includes construction of i" Asphalt overlay, concrete curb FDOT type "D", pavement marking and signage, 5' wide concrete aide walk, and 100 square yards Asphalt Patch and tree root removal of existing parking lot. The project also involves asphalt removal, new parking lot lighting and landscaping. Recommendation: Staff recommends approval of a Contract in the amount of S135,804.50 to with All-Rite Paving Contractors for the Swim and Tennis Center west parking bt Project #2000x011. Department Head Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review fired on all items involving expenditure of funds): Funding Availabl Yes / o Initials: ~~ Yes Description Ahove // ~ ~ ~~ 3'~ ~Z ~ ~~S ~ ~~ T~ /~Qr~i' Acxount Balance: N!A ~ ' . ~ / / , ~~~7 rQf}~ur~ r~%I~YYe-r' Funding Alternatives: (if applicable) ~ ~ ~~ GG6-[ City Manager Review: Approved for Agenda: Yes No Initials: Hold Until: Agenda Coordinator Review: Received: S:\EngAdmin\Projects\2006\2006011\OFFICIAL\Octoberagenda\October 22007 agenda request.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~~OBERT A. BARCINSKI, ASSISTANT CITY MANAGER THROUGH: DAVID T. HARDEN, CITY MANAGER DATE: SEPTEMBER 24, 2007 SUBJECT: SPECIAL EVENT REQUEST -1„ ANNUAL DOWNTOWN DELRAY BEACH NEW YEARS CRAFT FESTIVAL ITEM BEFORE COMMISSION City Commission is requested to endorse the 1St Annual Downtown Delray Beach New Years Craft Festival sponsored by Howard Alan Events, Ltd. proposed to be held on December 29-30, 2007 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR's Section 2.4.6.(F) for the closure and use of NW 3`d Avenue from Atlantic Avenue north to the south entrance of Atlantic Grove and the Tennis Center Parking lot, to provide staff support for traffic control and security, barricading and for fire inspection services. BACKGROUND Attached are a letter, event permit application, site plan, budget and insurance certificate. The event sponsor will be responsible for event management, clean up, night time security, dumpsters, and for providing barricades. City staff will inspect and prepare the barricade plan. This is a new event, however, through consultation with City staff, the event sponsor will utilize private security for day and night, which will minimize our staff support costs. Total estimated City costs for this event are $1,320. Per event policies and procedures the event sponsor is responsible for the payment of all City costs. The Court House Garage, as well as City Hall Parking lots will be used for event parking. The North lot at City Hall will be used for vendor parking. RECOMMENDATION Staff recommends endorsement of the event, granting of the temporary use permit for the street closure on NW 3`d Avenue and Tennis Center Parking lot, providing staff assistance for security and traffic control, barricading, fire inspection services, and allowing the event signs to be installed one week prior to the event with all overtime costs to be paid by sponsor. Conditional on the receipt of an executed Hold Harmless Agreement. RAB/db Attachment U:\wwdata\Events\Howazd Alan Craft FestivalWgenda Item re 1st Annual Downtown Delray Beach New Yeazs Craft Festiva12007.doc City of Delray Beach DEI.RAYBEACH S ecial Event Permit p ~ Application PLEASE PRINT iooi Event Approved/Denied Date of Approval/Denial Approved/Denied by Title 1. Event Name/Title: ~own-~oL.~n ~.P~YU~ ~Q 'aCh ~1,zv~ r-D~,1X5 W~ C,t`~z~t -E-es-~ 2. Event Dates}: Event Time(s): "I~~c a ;IV~I~t" aG €~ ?~ ~ z~~ 1(llzm - Spm : t~a~t,-rdcc,y & S~~d~-c-% 3. Event Sponsor/Producer: ~ ~ ~ r 4. Event Contact/Coordinator: •i~~('frt'4 CA1 ~ C~ C 5. Address: glaQS Ni 3~c~~rlc~,rc~ ~tyci '~~ot~tc~ticx~. FL ?~~:~~I 6. Telephone Number: C~~~l"t2 -3-755 Cellular Number: (GSy~ (clol ~ ~3<3g~ 7. E-mail Address: cam G ~ c~t-~fe~'-Vc~,t.co~ 8. Event Description:~~ ~tctc~or ~,~1r i~;d ~ r ~ ~-E;y[~i (!f neighborhood block party, then please skip questions #10-35 and go to question #36) 9. Sponsor Category: (please check) City ^ Non-Profit/Charitable ^ Private's Co- Sponsor -Non-Profit/Private ^ (If Non-profit attach proof of 501 c(3), c(4), c(6), c(10) or c(19)) 10. Event Location/Address: `37.QAY~O~V ~~ncin i~t1iS uLr~t~1" Site plan attached: yes W no (Site plan required for entire event site) 12. Event budget attached: yes~~ no (Required for all events) ~. 13. Serving or selling alcoholic beverages: yes no (!f yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) ~ 14. Event certificate of insurance attached: no yes (Required two (2) weeks prior to event nam ing the City as additional insured, also required for vendors) 15. Playing of amplified music: yes no (Waiver required) r 16. Requesting Police assistance: yes / no (Traffic controUsecurity) 17. Will supplement with private security: yes no (!f yes, need plan attached) 18. Requesting Emergency Medical assistance: yes no 19. Requesting barricade assistance yes no 20. Requesting trash removal/clean up assistance: yes no ,f- 21. Requesting trash boxes and liners: yes no ; ~ 22. Requesting stage use: yes no ~„~, (If yes, check type) Large stage covered ^ Large stage no cover ^ Small stage ^ Half small stage ^ 23. Requesting signage : yes no Type: Event sign (4'x4') Directional signs ~QSt~ €~r1~'iSQ CrJ~ e~~;~fC~Yn~t Banner hanging Indicate dates required (Waiver required if more than one (1) week prior to ev t) 24. Food and beverage vendors: yes ~ no If yes, please provide the approximate number, as well as the name, address, and contact phone number of each vendor which is due no later than one week prior to the event 25. Health Department approval: (see attached) yes not ~ i ~~ ~rm~{~ 26. Other vendors: yes no / 27. Tents: ~~U xi~)~~c~.mm'2 YQ.to<c~~ `-~oe~~s yes nom (!f yes, tent permits and fire inspections maybe needed) 28. Will the event include amusement rides? requiring state approval? yes no ~ (If yes, type and location and copy of liability insurance required)(Also, please provide the name, address and contact phone number for each amusement provider along with copies of their liability insurance) 29. Will the event be gated? yes no ,~ (Show on-site map) ~. 30. Will there be fireworks or other pyrotechnics? yes no (If yes, contact Fire Marshall) ~ 31. Will there be cooking with compressed gas? yes no (If yes, contact Fire Marshall) ~ 32. Will you be providing port-a-lets for the event? no yes (If yes, locate on-site map. If no, indicate how y u will handle restroom needs) ~ 33. Will there be a charge for the event? yes no / (If yes, indicate ticket prices} 34. Is reserved parking requested? yes no (If yes, indicate locations) 2 35. Neighborhood Block Parties block • Is event sponsored by the Homeowner's Association? yes_ no_ (If not, then individual(s) submitting permit application must also submit a petition signed by 51 % of the homeowners who live on the block) • Please note the following:1) Approvals will only be given for a one (1 } block area 2) Permit applications must be received in writing by the City Manager's Office at least thirty (30) days prior to the event.3) Consumption or sale of alcohol on City rights-of-way will not be permitted.4} Structures other than barricades are not allowed in City rights-of-way.5) Homeowners Association will be required to pay all overtime co that may be incurred as a result of City staff involved in the inator ~~~0 ~~~_ Date pri Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1St Avenue, Delray Beach, Florida 33444. For Staff Use Only ~ i Date Received ~ /~~~°~ Application fee received $ ~~ ~ Site map Budget Certificate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 501 c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval 3 American Craft Endeavors elray New Years Weekend Craft Fe Downtown D stival _ _ 30, 2007 December 29 & _ PROPOSED BUDGET FOR D ecember 2007 Income Number of Crafters 110 Crafter Revenue $19,250 Number of Food Vendors 3 Food Vendor Revenue $1,049.40 Total Revenue $20,299.40 EXPENSES Advertising Boca Raton News Expense $708.50 Palm Beach Post Expense $1,551.12 South Florida Newspaper Expense $325.00 Sun Sentinel Expense $1,544.80 Advertising SubTotal $4,129.42 Services Permit Palm Beach County Health Expense $25.00 Permit City Of Delray Beach Expense $100.00 Signage AA Sign Lines Expense $600.00 ___ Sanitation Able Sanitation Expense _$680.34 __ _ Sanitation Southern Waste Systems Expense $798.96 __ Sanitation Tents for Events Expense $530.00 __ Barricades Bob's Barricades Expense $350.00 _ Security, Fire, Public Works City Of Delray Beach Expense _ $3,351.00 Rentals Tents for Events Expense $350.00 _ Graphics for advertising Expense Expense $250.00 Payroll Helayne Stillings & Staff Expense $1,953.48 _ Rental Property Iray Joint Venture De Expense $2,000.00 __ Lodgings and meals, travel _ Expense $400.00 One Million Dollar liability ins policy Expense $675.00 telephone, mailings,etc Administrative Overhead Expense $1,600.00 _____ _ Service SubTotal I $13,663.78 Total Expenses $17,793.20 Show Profit $2,506.20 ~ .~. ~-~- `. ;. .~° ~ ~ t- V5 1~- q > a, ~ ~ v ~,.. ~ ar ~. r_ r ~ ` ~ r Y~r i ! r. ~ n. ~ ~ w ~ o ~~ ;w 7K i°- G.i W. - ~. sW ~ ~ ~ , is h ~~ =:.~1 4 II II II ~ II k ~ ~ ~ ~ G. O 4i. ~~ ~ ~ ; ~ 1K ~ ~ r x ~ ~ ~~ I~ C ~ ,~ n ~ fi ~, ~ ~ 4~ ~4 H 4 C4 5 . ~ ,~ ~~ O ~ •, ... 1 ' ~ 4 _ ~' ., ~ ~ . _ ~~ ~~ ~ ~ .., Fi I r ~ _.,,n ... ,.,w .. l t.u ~~ I n `` F ~ ~ " . ~ K ~~ ~ n lNi. y, .• Y~ fir. k ~: ~ {. I y 1 ~ *~_ tf~~, ~ i )Jf ~~~~k '~'! y`~- i - 222 .. C ~~ ~~ y ~~~~ i. L k r ~,,,~ 1 I` ~ } Axe '~ S ~ 1 ~ ~~ ~. CERTIFICATE OF INSURANCE ISSUE DATE (MMIDD/Y1~ 1333291 3/05/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY K & K Insurance Group, Inc. AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 1712 Magnavox Wav CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE D „ _ -J ~ ~ COVERAGE AFFORDED BY THE POLICIES BELOW. ~~~ ' ~y,.,r~~ COMPANIES AFFORDING COVERAGE 6 ~ ~ ~~~, I ~ .C U COMPANY A AN ASSURANCE COMPA ~ ~~/] , , `~` ~'T ' ~ " ~ __ LETTER GREAT AMERIC (SEE GAI3 0 O l) ~1 /~,_,,,~ /, ~ , ~ Gtr ~ COMPANY B ~ _ / LETTER ~((( `~'~ '~ ~" COMPANY C Z ' LETTER CL __...,vca THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. TH E INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NC=NOT COVERED CO POLICY EFFECTIVE POLICY EXPIRATION . TYPE OF INSURANCE POLICY NUMBER DATE (NIIWDD/YY) DATE (MNNDDlYY) LIMITS (in thousands) LTR General Liability 12 : O lAM 12 : O lAM General Aggregate $ NONE A ®Commercial General Liability PAC0788942205 3/05/07 3/05/08 Products-ComplopsAggregate $ 5000 ^ Claims Made ®OCCUr. Personal &Advertising Injury $ 1000 ^ Owner's & contractors Prot. Each Occurrence $ 10 0 0 ® F.ST, • 4 ~ MTT,T,/ Fire Damage (Any one fire) $ 300 $2MILL Medical Expense (Any one person) $ 5 Participant Legal Liability $ N Automobile Liability 12 : O lAM 12 : O lAM Combined single A An auto ^ Y PAC0788942205 3/05/07 3/05/08 Limit $ 1000 All owned autos Bodily e Scheduled autos Injury er arson $ ®Hired autos Bodily Non-owned autos Infer accident $ ^ Garage Liability Property ^ Damage Excess Liability 12 : O lAM 12 : O lAM Each Occurrence aggregate A ~ FOLLOWING FORM EXC0788942305 3/05/07 3/05/08 ® Other than Umbrella form $ 10 0 0 g 10 0 0 Workers' Compensation Statutory and $ Each Accident Employers' Liability $ Disease-Policy Limit $ Disease-Each Em loyee AD&D $ Participant Prima Medical $ Accident Excess Medical $ Weekl Indemni $ X DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTIONS/SPECIAL ITEMS THE CERT HOLDER I5 LISTED AS AN ADDITIONAL INSURED BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF THE ACTIVITIES OR OPERATIONS OF THE NAMED INSURED. RE: 13TH ANNUAL DELRAY BEACH CRAFT FESTIVAL 9 22-9 23 07 CG2024 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CITY OF DELRAY CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE 100 NW 1ST AVE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS DELRAY BEACH, FL 33444 WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIN UPON THE COMPANY, ITS AGENTS OR REP TATIV AUTHORIZED REPRESENTATIVE s 1.Q~ SL39 ~ / ~~u3 CERTIFICATE OF INSURANCE ISSUEDA3% D /Y Y) 1333290 O / p 7 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY K & K Insurance Group, Inc. AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 1712 Magnavox Way CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE P.O. BOX 2338 COVERAGE AFFORDED BY THE POLICIES BELOW. F I 46801 t W or ayne, n COMPANIES AFFORDING COVERAGE INSURED COMPANY Q1 LETTER GREAT AMERICAN ASSURANCE COMPA HOWARD ALAN EVENTS LTD (SEE GAI3001} 9695 W. BROWARD BLVD. COMPANY B FL 33324 PLANTATION LETTER , COMPANY C LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NC=NOT COVERED CO POLICY EFFECTIVE POLICY EXPIRATION . LTR TYPE OF INSURANCE POLICY NUMBER DATE (MMIDD/YY) DATE (NAWDDIYY) LIMITS (in thousands) General Liability 12 : O lAM 12 : O lAM General Aggregate $ NONE p, QCommercial General Liability PAC0788942205 3/05/07 3/05/08 Products-Comp/ops/{ggregate $ 5000 ^ Clafms Made ®OCCUr. Personal & Advertising Injury $ 1000 ^ Owner's & Contractors Prot. Each Occurrence $ 10 0 0 ® F.RT, - $ "I MTT,~,~( Fire Damage (Any one fire) $ 3 0 0 $2MILL Medical Expense (Any one person) $ 5 Participant Legal Liability $ NC Automobile Liability 12 : O lAM 12 : OlAM Combined Single A An auto ^ y PAC0788942205 3/05/07 3/05/08 Limit $ 1000 Ail owned autos Bodily e Scheduled autos Injury $ er erson ®Hired autos Bodily Non-owned autos Injury er accident $ ^ Garage Liability Property ^ Damage Excess Liability 12 : 01AM 12 : O lAM Each A r 99 agate A ~ FOLLOWING FORM EXC0788942305 3/05/07 3/05/08 Occurrence ®Other than Umbrella form 10 0 0 10 0 0 $ $ Workers' Compensation Statutory and $ Each Accident Employers' Liability $ Disease-Policy Limit $ Disease-Each Employee AD&D $ Participant Primary Medical $ Accident Excess Medical $ Weekl Indemni $ X DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTIONS/SPECIAL ITEMS THE CERT HOLDER IS LISTED AS AN ADDITIONAL INSURED BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF THE ACTIVITIES OR OPERATIONS OF THE NAMED INSURED. RE:-13TH ANNUAL DELRAY BEACH CRAFT FESTIVAL 9 22-9 23 07 CG2024 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE DELRAY BEACH DOWNTOWN CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE MARKETING COOPERATIVE ISSUING COMPANY WILL ENDEAVOR TO MAIL ~ DAYS 64 -A SE 5TH AVE WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO DELRAY BEACH, FL 33483 THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIN UPON THE COMPANY, ITS AGENTS OR REPR TATIV AUTHORIZED REPRESENTATIVE e 6 SL3y ~ ~ ` ~ ~-,... MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~~~-i-SS~S~wi~ (~~ DATE: SEPTEMBER 28, 2007 SUBJECT: AGENDA ITEM # ~ • i~ -REGULAR MEETING OF OCTOBER 2.2007 APPOINTMENT TO CODE ENFORCEMENT BOARD ITEM BEFORE COMMISSION This item is before the Commission for appointment to the Code Enforcement Board. BACKGROUND There is a vacancy on the Code Enforcement Boazd due to the death of Mr. Glenn Schuster. The term is unexpired ending January 14, 2010. All members of the Code Enforcement Boazd must be residents of the City. Appointments to both regular and alternate member positions shall be on the basis of experience or interest in the fields of zoning and building control. The regular and alternate membership of the Board shall, whenever possible, include an azchitect, a business person, an engineer, a general contractor, a subcontractor and a realtor. The following individuals have submitted applications and would like to be considered for appointment: Gerald Franciosa Retired-Law Enforcement Kelli Freeman Retired-Staffing Manager Seabron Smith Executive Director A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all aze registered. Based on the rotation system, the appointment will be made by Mayor Ellis (Seat #5) for one (1) alternate member to serve an unexpired term ending January 14, 2010. RECOMMENDATION Recommend appointment of one (1) alternate member to the Code Enforcement Boazd for an unexpired term ending July 14, 2010. CODE ENFORCEMENT BOARD 09/0 TERM EXPIRES REGULAR MEMBERS OCCUPATION POSITION TELEPHONE FILLING 01/14/2010 Susan Kay Case Manager Layperson Home: 495-7848 Appc of/o2/o7 alt 2571 Hampton Circle North Fax: 495-1287 Unexp Appt 03/05/07 reg Delray Beach, FL 33445 Cell: 699-9561 01/14/2010 Stanley Brodka Financial Services Real Estate Home: 274-9502 unexp Appt o9/os/o6 920 Hyacinth Drive Cell: 702-2956 Reappc of /02/07 tug Dekay Beach, FL 33483 01 / 14/2010 David Hawke, Chair Architect Architect Work: 740-4440 Unexp Appt 01/07/03 121 Heather Lane Home: 278-3414 oa%i %03egularAppt Delray Beach, FL 33444 Fax: 921-0444 Reappt0l/OG/04 R t01/02/07 01/14/2008 Bern Kruger Planner Business Person Work: 265-4983 Unexp Apps 07/24/01 9 NE 16~' St. Home: 265-2019 Appt04/02/02 Reappt of/o4/os Dekay Beach, FL 33444 Cell: 870-4701 01/14/2009 Robert Marks Construction General Contractor Work: Unexp Alt Appt 01/07/03 371 Coral Trace Lane Home: 266-8494 Unexp Reg Appt 04/15/03 Reappt 02/07/OG Delray Beach, FL 33445 Fax: 01/14/2009 Anthony Veltri Retired/General Sub Contractor Home: 272-0252 Alt Appc of /oz/ot 2915C NW 12th St. Adjuster 02%0 %ol~ ~t Delray Beach, FL 33445 Reappt0l/07/03 Rea t01/17/06 O1 /14/2009 Mark Behar, Vice Chair Property Mgmt. Engineer Work: 254-9605 AppG 09/09/03 alt 140 West Lee Road Home: 279-2335 Unexp Appt10/05/04 Reappt o2/o7/OG Dekay Beach, FL 33445 Fax: 279-9192 Cell: 254-9605 ALTERNATES 01/14/2010 Vacant Layperson Unexp Appt 01/14/2010 George Thacker Accounts Layperson Home: 350-6282 Unexp Appt 03/2(1/07 2403-C Lowson Blvd. Manager Office: Delray Beach, FL 33445 Contact: Danise Cleckley 243-7213 S/City Clerk/Iioacd 07/Code Enforcement Board DELRAY BEACH 1993 2001 R'~G,Er~~.'~ CITY OF DELRAY BEACH V ~~ cs 2006 BOARD MEMBER APPLICATI~ ~~~ G~TY ~L. Please type or print the following information: ~/a~~ 1. Last Name: ~ ~ pro A- Name ~~t-J~ M. L 2. Home Address: ~ ~~ ~~ 3. Legal Residence: City ~e~G City Sta~G State Zip Cod Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Ph e• Fax: 6. fDate of Birth C Q 7. Are you a registered voter? f so, where are you registered? /~ 8. What Board(s) are you inte sted in servin ?Please list in order of preferenc Cv ~c ~c ivt-~ie~ c~~tze~7' ~ rrtr.~ ,~it't7~ ,~ d . ~%ct~e Jc . List all City Boards on which y u are curr y serving or have previously served: (Please include dates) 10. Educational qualifications: ~~j^l A e !~ ~~~~ 11. List any related professional certifications and licenses which you hold: ~ C.~- ~~-~'~,~~r~- E 12. Give your present, or most recent employer, and position: ~% /l~efD 13. Describe experiences, skills or knowledge which qualify you to serve on this board: {Please attach a brief resume) r- ~_ /~'~L v ~ ~~ I her erti that all the above statements are true, and I agree and understand that an 'ss ement of ma 'al facts con ed ' 's application may cause forfeiture upon my part of any appointmen~I may receive. DATE ~~ % Ixus appucaaon will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. va ~ ~ `,~ c. t.. iG U .~! u1 / 4 / '~EtRAY BEACH r a h Y v ~~ ~la~tl~ac ~ CITY OF DELRAY BEACH ~~~ BOARD MEMBER APPLICATIONR~~~~ D <u~ ~ao~ SEP ~ ? 2001 Please type or print the following information: .. r G RK 1. Last Name: Name ~ I~ 2. Home Address: / IaA nl A-i~ ~2. City \\ ~DC L RAC ~C h State ~L Zip Code 3 3y83 3. Legal Residence: S~}/r1,~ City State Zip Code 4. Principal Business Address: N~A - ~~fi RED City State Zip Code 5. Home Phone: ~l'~l~s /S9l Business Phone: ~l~ E-Mail Address: /~ell~'FQeea~a,~! ~~ Cell Phone: (~/ 76(o-~7(v~ Fax: ~I-3~0-9~'7 6. Are you a registered voter? ~~S If so, where are you registered? ~g/~ ~~ C,` / \ 7. What Board(s) are ou interested in serving? Please list in order of preference: C . ' .~,~Fd,2e - ~~T 8. List all City Boards on which you are currently servuig or have pr viously served: (Please include dates) r(OnIE i -7~ A- 5 i o~ ~k~=~ E 7- 9. Educational qualifications: QQ ,^, / _ ~l C ~ Edo ~s le~~" - U S. /Q~iLc ~:~ 10 List any related professional certifications and licenses which you hold: ~~D ,PeE F So.t1~4L ~ i .~o ~L 11. Give your present, or most recent employer, and position: n,~,~ E~ ,e, =s e ~ ,2~~` ~~-F~~,~ ~~~/A 12. Describe experiences, skills or knowledge which ualify you to serve on this board: (Please a tack a br~ f resume) ~ - r R Si ~ T DF Ti~20~~ C ~ ~ ~ ~~ e ~~Soe~,¢~o.v ~~~ ~o~fES ~~~7 P,e~~~ ~E~ ~ .S~-z~~~ ~- ~~ 7-0~ 7Ro~v,e js ~E - ~s _ p !R1 ~ /f~7~ta •tJ.S~ ~, ~1 ~'~~ ~,~1 ~0~(~~~ o~,e ~ 7' ~A~-~~ ~~t~ ~~1 , I hereby ce tify that all the above statem nts are true, and I agree and un erstand that any isst tement of material facts cont ~ ed in this application may cause forfeiture upon my part of any appointment I may receive. ,` 9-~~ -a ~ SI ATURE DATE ~~~ Dote: irus appucaaon wut rematn on the to the City C:Ierk's Uttice for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S1C f I'YC L ERK\BOARDIAP P L (C AT IO N Kelli Freeman 917 Banyan Drive Delray Beach, FL 33483 (561) 265-1591 Home (561) 706-8766 Cell Kellifreeman(a,bellsouth.net EMPLOYMENT 1985 - 2006 JM Family Enterprises, Inc. 1999 - 2006 Corporate Staffing Manager, JM Family / JM Service Center 1997 - 1999 Sales Administration Mgr, Southeast Toyota Distributors 1993 - 1997 Executive Assistant, Southeast Toyota Distributors 1987 - 1993 Sales Coordinator, Southeast Toyota Distributors 1985 - 1987 Secretary, World Omni Financial Corp. OTHER EMPLOYMENT EDUCATION AFFILIATIONS RECOGNITIONS 1984 - 1985 Office Manager, Team Services, Inc. 1981 - 1984 Credit Department, General Motors Acceptance Corporation Bachelor's Degree -Business Administration Society of Human Resource Management Employment Management Association Tropic Isle Civic Association, President (Current) Tropic Isle Civic Association, Previously -Secretary, Director, Newsletter Editor Beach Property Owners Association Take Stock In Children Mentor Helping Hands of Boca Delray Beach Chamber of Commerce Delray Business Partners LEADS Group Handler, Therapy Dogs International, Inc. Principal's Recognition for Mentor of the Year 2007, Deerfield Beach High School District Youth Mentoring Programs -Mentor of the Year - 2007 DELRAY BEACH . o 0 Alhamericaciiy I~/'~~ ~ ~ CITY OF DELRAY BEACH ~pR 2001 ® BOARD MEMBER APPLICATION ~ c K 1993 CITY CLG~ 2001 Please or rint the folio information: ~/~ ~ 1. Last Name: ~ ~ ,(-~ j ~ Name " f A ~ ~ M L~ 2. Home Address: 'S I ~0 '~' City ~' ~ a ~ State L Zi Code ,j3 ~((o'~ 3. Legal Residence: ~j Arn4. City State Zip Code 4. Principal Business Address: ~Io l W. A i ta~ic 1~~~,~uti,, 5.,~-~. ~~ City .~Ei~,•e~y df~c,(r- State t~L. Zip Code 33y~~1 5. Home Phone: ./v' 1 W~w ~ `~"~ ~ Business Phone: V) D' 1~ ~7d ~$ E-Mail Address: W dN V ~~~ Cell Phone: J~/ ~ ~ / ! 1 w Z- Fax: ~ l+tiK/ 6. Date of Birth ~ Iq s~ 7. Are you a registered voter? y ~ S If so, where are you registered? J Lr+K.~. w•~.kl~, 8. at Board(s) are you interested in serving? Please list in order of preference: ~.cr4-mv~i• R>r.d~~o ~' rtNC. ~1~~~ tad 2oN; C.~d~ ~,~ ~.,~„~' List all City Boards on which you are currently serving. or have previously served: ease include dates ~~bh c ART r~tdv~~o~ 10. Educational qualifications: +. ., t~~°~co~.s ~ti c3~s~~,.ss ~d~:s~~l-,~ r err 11. List any related professional certifications and licenses which you hold: J S/'t~no0~ (1~ l~~bl-G ~tN~, iv'`' ~ ~w1v~N~ ~~Jal4 ~.cJ Un-'.~{'S ~~ i'~ 12. Give your present, or most recent employer, and position: ~~'~(, C,4 r~ f~ Tc-c,G-NO ~i~/1't ~.~3~ a~~ a~,lo ~r~' iac . ~'F : t , opt 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) ~ sfRa1~. ~rJ rMAN gdA~S ANd ~~M: ~'F~.~S ~,Rs' 0 ~ G l~u (jJ dRcl ~ JI N d iN ~ ABU V~1 • ~A TNY. ~~ ~ Cf ~~-•S ~ J I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts ed in this a licati ay cause forfeiture upon my part of any appointment I may receive. 2~ SI ATURE - DATE ~___ h Note: This application will remain on file in the City Clerl~s Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibilityto ensure that a current application is on file. SEABRON A. SMITH 7510 ANSON COURT LAKE WORTH, FL 33467 (561)968-7205 Cell: 561573-1202 Seabronl@bellsoath.net SUMMARY A Professional with a history of creating and maintaining successful linkage between-the private and public sectors. Demonstrated strengths in Program Development and Business Management, involving the provision of services to thousands of displaced professionals and non-professionals that requires complex business start-up procedures that will promote job creation, resulting in economic growth and community revitalization. Demonstrated strong intergovernmental and interorganizational relations with expertise in research and developmental strategies to achieve organizational goals. HIGHLIGHTS OF QUALIFICATIONS • Over 13 years of program development/management and experience with proven expertise in project management • Resourceful in solving problems and maximizing resources • Skilled in relating to the public with professionalism and sensitivity • Excellent written, verbal, and grant writing skills • Able to set and achieve goals, and manage multiple tasks simultaneously • Strengths include analytical skills to identify and formulate solutions; policy and procedure development; training and strategic planning • Experienced in entrepreneurship and small business consulting • Highly creative, self motivated with exceptional organizational and planning skills PROFESSIONAL EXPERIENCE Center for Technology, Enterprise & Development, Inc., Delray Beach, FL SBA/Florida Women's Business Center Executive Director Private Industry Council, West Palm Beach, FL Service Center Manager Lake Davis Apartment, Orlando, Florida Property Manager/Leasing Agent Adelphia Cable, West Palm Beach, FL Sales Supervisor Perry Cable TV, Palm Beach Gardens, Florida Marketing/Sales Supervisor 1997- Present 2004-Present 1991 - 1997 1987- 1991 1984 -1987 1981 - 1983 EDUCATION Bachelor Business Administration, Albany State College, Albany, GA Associates of Arts, Florida Community College, Jacksonville, FL PROFESSIONAL MEMBERSHIPS Board Membership Palm Beach County Overall Economic Development Program (OEDP} The Business Loan Fund of the Palm Beaches, Inc. (Vice President) The Milagro Center (Vice President) Committees Business Partners Roundtable Downtown Master Plan Implementation Committee Delray Merchant Association Palm Beach County Affordable Housing Collaborative National Business Incubator Association (NBIA/Member) Florida Business Incubator Association (FBIA/Steering Committee Member) Small Business Incubator Steering Committee (Palm Beach County) West Atlantic Task Team (WATT) Chamber Of Commerce/Boca. Raton, Delray Beach, Boynton Beach Member of the 2004 National Register's Who's Who in Executives and Professionals ~~: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM. AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING^AND ZONING THROUGH: CITY MANAGER (~'~- /("~~'~1~cc~rl' C/" ~ DATE: SEPTEMBER 27, 2007 SUBJECT: AGENDA ITEM # l O ~ K - REGULAR MEETING -OCTOBER 2, 2007 CONSIDERATION OF A PRIVATELY INITIATED AMENDMENT TO LDR SECTIONS 4.4.24(B)(12)(c) AND 4.4.24(F)(1)(a) TO ADD LOTS 16-18, LESS SOUTH 75 FEET THEREOF. BLOCK 69 TO THOSE PROPERTIES ZONED OSSHAD (OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT) WHICH ARE SUBJECT TO THE PERMITTED USES OF 4.4.13(B) AND DEVELOPMENT STANDARDS OF 4.3.4(J)(4), CENTRAL BUSINESS DISTRICT ZONING DISTRICT. EXCLUDING EXCEPTIONS TO HEIGHT LIMITATIONS PROVIDED IN 4.3.4(J)(4). ITEM BEFORE COMMISSION The item before the City Commission is a privately initiated amendment to LDR Section 4.4.24 Old School Square Historic Arts District (OSSHAD), subsections (B) Permitted Uses and (F) Development Standards. The proposed amendment is to add Lots 16, 17, and 18, less the South 75' thereof, Block 69, Town of Delray, to the list of lots within the OSSHAD zoning district that can be developed pursuant to the uses and development standards of the CBD (Central Business District) zoning district. BACKGROUND The subject LDR Amendment is privately-initiated to accommodate a new office building. The subject property is located on the west side of SE 1St Avenue, approximately seventy-five feet (75') north of SE 1St Street, and contains a contributing structure within the Old School Square Historic District. The frame vernacular structure, which is still maintained as asingle-family residence, was constructed in 1938 and would be relocated to an unidentified location. The effect of the proposed amendment would be to add Lots 16, 17, and 18, less the South 75' of each, Block 69, to the list of properties that can be developed pursuant to the CBD uses and development standards. The proposed changes would increase the types of permitted uses that could be established in the OSSHAD zoning district allowing for a wider range of retail, service, and office uses, more dense multi-family residential, and greater and more intense development given more liberal setbacks and height (see Development Standards comparison chart in attached Planning and Zoning Board Memorandum Staff Report.). The properties to the west of the subject property are contributing structures within the Old School Square Historic District, and will be affected by the proposed amendment. The properties to the north are located within the Old School Square Historic District and are subject to the CBD uses and design standards. The east-west alleyway just north of the subject City Commission Documentation, Meeting of October 2, 2007 Privately-Initiated Amendment to the LDRs RE: CBD Overlay within OSSHAD property serves as a physical boundary between properties currently subject to CBD regulations and the subject property. In the applicant's justification for the changes, they utilize the assumed impact of development outside of the designated historic district to justify the intensification (i.e., Worthing Place located across SE 15t Avenue). If development outside of the historic districts justifies changing regulations within the historic district, then the same rationale could be applied to Block 70, located just to the south of the subject property and within the Old School Square Historic District. Staff believes this sets forth an inappropriate precedent. The justification for the request centers on the desire to build an office building. However, Office is an allowed use in the OSSHAD zoning district and if site specific adjustments or relief are necessary or are desired for these lots, it would appear more appropriate to request relief from the OSSHAD zoning regulations rather than apply CBD regulations. The OSSHAD district is typified as a low intensity mixed use district that allows single family residential, professional offices, boutiques, etc., and is consistent with the current development request. Introduction of the more intense principal permitted uses of the CBD on the subject property, along with the associated more liberal development standards such as setbacks and height, is incompatible with the historic district. REVIEW BY OTHERS The Historic Preservation Board (HPB) considered the subject LDR Amendments at its meeting of September 5, 2007. A recommendation to deny the amendment was made by a vote of 4-1. The Community Redevelopment Agency (CRA) considered the subject LDR Amendments at its meeting of September 6, 2007. A recommendation to deny the amendment was made by a vote of 5-0. The Planning and Zoning Board considered the subject LDR Amendments at its meeting of September 17, 2007. A recommendation to deny the amendment was made by a vote of 6-0 (Perez stepped down from the item.). RECOMMENDATION By motion, deny on first reading Ordinance No. 31-07, to amend Land Development Regulations (LDRs) Sections 4.4.24(8)(12) and 4.4.24(F)(1)(a) to allow the permitted uses and development standards excluding the exceptions to additional height in the CBD for Lots 16 thru 18, Less the South 75', Block 69 by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M). Attachments: ^ Ordinance No. 31-07 ^ Planning and Zoning Staff Report of September 17, 2007 2 ORDINANCE NO. 31-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AIVI>/NDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(B), "PRINCIPAL USES AND STRUCTURES" TO INCLUDE AN ADDITIONAL PROPERTY THAT IS ALLOWED THE PIItMITTID USES OF THE CBD ZONING DISTRICT; AMENDING SUBSECTION 4.4.24(F), "DEVELOPMENT STANDARDS", TO INCLUDE AN ADDITIONAL PROPERTY IN THE OSSHAD DISTRICT THAT IS SUBJECT TO THE STANDARDS OF THE CBD ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on September 17, 2007, and voted 6 to 0 to recommend that the changes be denied; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is not consistent with and does not further the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is not consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection 4.4.24(B), "Principal Uses and Structures" of the Code of Ordinances of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (B) Principal Uses and Structures: The following types of uses are allowed within the OSSHAD as a permitted use: (1) Single family detached dwellings. (2) Duplex structures. (3) Business, Professional, Medical and Governmental Offices. (4) Retail sales through specialty shops (single purpose businesses) such as: bath shops, book stores, gift shops, florists, hobby shops, kitchen shops, boutiques, bicycle shops, excluding liquor stores, convenience stores and drug stores. (5) Arts related businesses such as craft shops, galleries, and studios within which is conducted the preparation of, display of, and/or sale of art products such as antiques, collectibles, custom apparel, jewelry, paintings, photography, picture framing, pottery, sculpture, stained glass. (6) Educational and/or Instructional activities including training, vocational, or craft schools, the arts, personal development, and libraries, museums, and social and philanthropic institutions. (7) Restaurants of a sit down nature such as a cafe, snack shop, full service dining but excluding any drive-in and/or drive-through facilities or features. (8) Providing of personal services such as barbershops, beauty shops, salons, cosmetologists. (9) Bed and Breakfast Inns. (10) Catering services not associated with a restaurant, subject to the special regulations of Section 4.4.24(H). (11) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). (12) Within the following described areas, the uses allowed as permitted uses in Section 4.4.13(B) pursuant to the base district and special regulations of the Central Business District regulations shall also be allowed in the OSSHAD: (a) Lots 13-16, Block 60 (b) Lots 1- 4, Block 61 (c) Lots 1- 7 and 19-24, and Lots 16 - 18, less the south 75 feet thereof, 2 ORD N0.31-07 Block 69 (d) Lots 7- 8, and the South 34.75 feet of Lot 6, Block 75; and (e) Lots 1- 6, Block 76 Section 3. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection 4.4.24(F), "Development Standards", of the Code of Ordinances of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (F) Development Standards: The development standards as set forth, for the OSSHAD District, in Section 4.3.4 apply, except for as modified below: (1) The following locations shall be subject to the development standards of the Commercial Core (CC) area of the CBD Zone District, excluding exceptions to height limitations provided in Section 4.3.4(J)(4): (a) Lots 1- 7 and 19-24, and Lots 16 - 18, less the south 75 feet thereof, Block 69 (b) Lots 7- 8, and the South 34.75 feet of Lot 6, Block 75; and (c) Lots 1- 6, Block 76 (2) The following locations shall be subject to the development standards of the West Atlantic Neighborhood (WAN) area of the CBD Zone District: (a) Lots 13-16, Block 60 (b) Lots 1- 4, Block 61 (3) Parcels located along N.E. 1st Avenue between N.E. 2nd Street and N.E. 3rd Street (Banker's Row) shall comply with either provisions of Section 4.3.4 or provisions of the Banker's Row Development Plan, whichever is more permissive. (4) Except for properties identified in Sections 4.4.24(F)(1) and (2) and the Old School Square Cultural Arts Complex, the maximum width of a building fronting a street shall be limited to 60' and shall have a minimum separation of 15' between buildings fronting a street in a development site that contains more than one structure. (5) The floor area for the third floor shall be limited to 50% of the second floor area and the building setbacks or planes of the facade are offset and varied to provide visual relief. (6) Notwithstanding the provisions of Section 4.4.24(F)(4), or elsewhere in this code, ORD NO. 31-07 residential-type inn developments, shall be permitted to: (a) Connect adjacent on-site buildings using all-weather, covered walkways, that are constructed of not less than 70% vertical transparent glass or similar material. Said walkways shall be on the ground floor only, shall be located not closer than 15 feet from the front building face, and may be joined to elevators, lobbies, or accessory use facilities permitted herein: Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective upon its adoption on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this _ day of 2007. MAYOR ATTEST: City Clerk First Reading Second Reading ORD NO. 31-07 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: SEPTEMBER 17, 2007 AGENDA ITEM: IV. D AGENDA ITEM: PRIVATELY INITIATED AMENDMENT TO LDR SECTIONS 4.4.24(B)(12)(c) AND 4.4.24(F)(1)(a) TO ADD LOTS 16-18, LESS SOUTH 75 FEET THEREOF, BLOCK 69 TO THOSE PROPERTIES ZONED OSSHAD (OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT) WHICH ARE SUBJECT TO THE PERMITTED USES OF 4.4.13(6) AND DEVELOPMENT STANDARDS OF 4.3.4(J)(4), CENTRAL BUSINESS DISTRICT ZONING DISTRICT, EXCLUDING EXCEPTIONS TO HEIGHT LIMITATIONS PROVIDED IN 4.3.4(J)(4). ITEM BEFORE THE BOARD -~ The item before the Board is that of making a recommendation to the City Commission regarding a privately initiated amendment to LDR Section 4.4.24 Old School Square Historic Arts District (OSSHAD), subsections (B) Permitted Uses and (F) Development Standards. The proposed amendment is to add Lots 16, 17, and 18, less the South 75' thereof, Block 69, Town of Delray, to the list of lots within the OSSHAD zoning district that can be developed pursuant to the development standards and uses of the CBD (Central Business District) zoning district, pursuant to LDR Section 2.4.5(M). Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUNDfLDR AMENDMENT DESCRIPTION The subject LDR Amendment has been privately-initiated to accommodate a new office building. The subject property is located on the west side of SE 1St Avenue, approximately seventy-five feet (75') north of SE 1St Street, and contains a contributing structure within the Old School Square Historic District. The frame vernacular structure, which is still maintained as a single-family residence, was constructed in 1938 and would be relocated to an unidentified location. Should the relocation consist of a location outside of any of the city's five (5) historic districts, the Historic Preservation Board should consider a requirement that the structure be individually designated to ensure its protection. This issue will be further discussed and analyzed during the site plan approval process. In 1990, with the citywide rezonings, the OSSHAD (Old School Square Historic Arts District) zoning district was created and applied to properties located within the historic district including all of Block 69. All lots within Block 69 were rezoned from GC (General Commercial) to OSSHAD. There are other lots in the immediate vicinity located within the OSSHAD zoning district that may be developed in accordance with the permitted uses and development standards of the CBD. Those lots, which are identified in Exhibit B, are located immediately to the north and across the east/west alley from the subject property and include a surface parking lot, the City parking garage, and a recently constructed mixed-use building. Those three lots were included in one text amendment adopted on January 4, 2000 (Ordinance 47-99) which provided for the expansion of the CBD overlay district (uses and development standards), for the primary purpose of constructing the Block 69 parking garage. Planning and Zoning Board Memorandum Staff Report, September 17, 2007 Amendment to LDR Sections 4.4.24(8)(12), 4.4.24(F)(1)(a) Pursuant to LDR Section 2.4.5(M)(1), amendments to the Land Development Regulations may be initiated by the City Commission, Planning and Zoning Board or City Administration; or an individual. The proposed amendment is aprivately-initiated text amendment to the Land Development Regulations. The effect of the proposed amendment would be to add Lots 16, 17, and 18, less the South 75' of each, Block 69, to the list of properties that can be developed pursuant to the noted CBD standards and regulations. The CBD development standards would permit a maximum height of forty-eight feet (48'), versus athirty-five foot (35') maximum height permitted within OSSHAD. In the OSSHAD zoning district, the required setbacks are twenty-five feet (25') for the front, seven feet, six inches (7'6") for the side interior, and ten feet (10') for the rear whereas the CBD setbacks are as follows: • Front setback may vary from five feet to ten feet (5'-10') for 70%-90% of the front elevation depending upon the proposed use on the ground floor and at least fifteen feet (15') for 10%-30% of the front elevation. These setbacks are required up to a height of thirty-seven feet (37'). The remainder of the building could contain up to 70% with a fifteen foot (15') setback, with up to thirty percent (30%) containing a setback of five feet to ten feet (5'-10'); • Side setbacks may be zero (0) if there is vehicular access to the rear. Otherwise, one side must be setback at least ten feet (10'}; • Rear setbacks are ten feet (10') up to thirty-seven feet (37') in height while the elevation over thirty-seven feet (37') must be setback twenty-two feet (22') as the subject property abuts a zoning district with a maximum height requirement of thirty-five feet (35'). The proposed changes would also increase the types of permitted and permitted conditional uses that could be established in the OSSHAD zoning district to allow for a wider range of retail, service, and office uses, as well as more dense multi-family residential. A chart containing the above noted information has been provided on pages five and six of this report. LDR TEXT AMENDMENT ANALYSIS REQUIRED FINDINGS LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objectives and Policies were noted: FUTURE LAND USE ELEMENT: GOAL AREA "A" LAND WITHIN THE PLANNING AREA SHALL BE DEVELOPED OR REDEVELOPED, TO ENHANCE THE EXISTING QUALITY OF LIFE, COMPLIMENT EXISTING LAND USE AND RESULT IN A MIXED, BUT PREDOMINANTLY RESIDENTIAL COMMUNITY WITH A BALANCED ECONOMIC BASE. Future Land Use Element Objective A-1 -Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriafe and complies in terms of soil, 2 Planning and Zoning Board Memorandum Staff Report, September 17, 2007 Amendment to LDR Sections 4.4.24(8)(12), 4.4.24(F)(1)(a) topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. Future Land Use Element Objective A-4 The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and the following policies: Future Land Use Policy A-4.1 Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a hnding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations (see below) relating to historic sites and districts and the "Delray Beach Design Guidelines" Pursuant to LDR Section 4.5.1(A), Historic Preservation Sites and Districts: In recognition of findings as set forth in the original enactment of Ordinance 13-87, passed March 10, 1987, this Section is created in order to provide for the identification, preservation, protection, enhancement, perpetuation, and the use of districts, archeological sites, buildings, structures, improvements, and appurtenances that are reminders of past eras, events, and persons important in local, state, and national history; that provide significant examples of architectural styles of the past; that are unique and irreplaceable assets to the City and its neighborhoods; or that provide this and future generations with examples of the physical surroundings in which past generations lived; and other purposes. Future Land Use Policy A-4.2 In order to protect the City's historic resources, the Land Development Regulations shall include provisions for designation of historically significant buildings, structures, archaeological sites, or districts. The City shall conduct periodic neighborhood surveys to identify and evaluate potential historic resources. Objective A-1 noted above requires that development be complimentary to adjacent land uses. The proposed amendment would allow for the subject property to be developed in a manner complimentary to both those properties located across SE 1S` Avenue, outside of the historic district and zoned CBD, or those located in the historic district but recently developed under the CBD Overlay. The amendment would not provide for complimentary development with the historic properties within the subject historic district and would allow for the incursion of more intense development with reduced setback requirements and the potential for greater height. The OSSHAD zoning regulations were established as a mixed use district with less intensity with respect to uses, density, and scale and massing than those allowed in the CBD. The adjacent properties to the west and south are also zoned OSSHAD and consist of either contributing single-family residences or non-contributing mixed-use development (contributing per 2005 Old School Square Historic District resurvey). The proposal is not consistent with Objective A-4 which requires that the amendment provide for the preservation of historic resources through the redevelopment of land and buildings. Further, Policy A-4.1 requires that the Historic Preservation Board make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations. The provisions of the Section are to provide for the preservation of districts, buildings, and structures. The proposed amendment not only does not provide for the preservation of the subject structure, the potential intensification of future development does not encourage preservation of the historic structures located immediately to the west of and abutting the subject property. Therefore, positive findings cannot be made as the proposed LDR text amendment is not consistent with and do not further the Goals. Objectives and Policies of the Comprehensive Plan Future Land Use Element. 3 Planning and Zoning Board Memorandum Staff Report, September 17, 2007 Amendment to LDR Sections 4.4.24(6)(12), 4.4.24(F)(1)(a) HOUSING ELEMENT: GOAL AREA "A" TO MAINTAIN A SAFE AND ADEQUATE SUPPLY OF HOUSING BY PRESERVING EXISTING STABLE NEIGHBORHOODS, STABILIZING AND ENHANCING NEIGHBORHOODS THAT ARE IN TRANSITION, AND RESTORING AND REHABILITATING NEIGHBORHOODS THAT HAVE DECLINED. Housing Element Objective A-10 The City shall support the conservation and rehabilitation of historically significant housing, especially where such housing is an identifying characteristic of a particular neighborhood. Housing Element Policy A-10.1 This objective will be implemented in accordance with the standards and criteria of Section 4.5.1 of the Land Development Regulations, Historic Preservation Sites and Districts. Housing Element Policy A-10.2 The City will promote the use of historic designations as a revitalization tool in its preparation of Neighborhood Plans for those areas which have a significant inventory of historic structures. Housing Element Objective A-12 To assist residents of the City in maintaining and enhancing (heir neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing Element Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Housing Element Policy A-12.4: The City will provide planning and technical assistance to implement neighborhood-supported initiatives aimed at preserving the character of existing residential areas. Such assistance may involve the formulation of regulations that would limit the size and scale of new homes to be consistent wifh existing structures within a defined neighborhood, and analysis of the housing inventory to determine if the area qualifies for designation as a historic district, and similar measures. The increase of density within this historically designated area will increase the traffic volumes and with this particular amendment proposal could negatively modify circulation patterns. Further, it will allow development inconsistent with the desired development pattern of the OSSHAD district. This desired development pattern is explained in the "Purpose and Intent" section of the LDRs and calls for encouraging the restoration or preservation of historic structures and, maintaining and enhancing the historic and pedestrian scale of the area. Uses and development densities that are currently allowed in the OSSHAD promote the preservation and adaptive reuse of all structures within the District. Increase in the intensity of use of the property available under the CBD will have an adverse impact on the stability of this historic area and allow development inconsistent with the scale of the remainder of the historic district. Additionally, the proposed amendment has the potential to negatively affect the historic neighborhood environment of the Old School Square Historic District by impacting the safety, habitability, and stability of the residential area. The properties to the west continue to be singfe- family residences (although vacant), as are the majority of the properties along the west side of 4 Planning and Zoning Board Memorandum Staff Report, September 17, 2007 Amendment to LDR Sections 4.4.24(6)(12), 4.4.24(F)(1)(a) SE 1S' Avenue, within Block 70, located to the south. Therefore, positive findings cannot be made as the proposed LDR text amendment is not consistent with and do not further the Goals, Objectives and Policies of the Comprehensive Plan Housing Element. ANALYSIS As previously noted, the property is currently regulated by the OSSHAD which is a mixed use zoning district intended to: 1. Provide for mixed uses of residential, office, and commercial activities, with an emphasis on the arts, that will encourage the restoration or preservation of historic structures and, yet, maintain and enhance the historic and pedestrian scale of the area; 2. Stimulate greater awareness and pride in the City's architectural heritage, and create an atmosphere and feeling of "Old Delray Beach"; 3. Improve the environmental quality and overall livability of this Historic District and stabilize and improve property value therein, and; 4. Allow uses which promote preservation and adaptive reuse of all structures within the District. The CBD was "established in order to preserve and protect the cultural and historic aspects of downtown Delray Beach and simultaneously provide for the stimulation and enhancement of the vitality and economic growth of this special area. The regulations within the Central Core, within which the subject property lies, are "intended to result in development that preserves the downtown's historic moderate scale, while promoting a balanced mix of uses that will help the area evolve into a traditional, self-sufficient downtown. Further, "residential development is permitted at higher densities in this area than any other part of the city, in order to foster compact, pedestrian oriented growth that will support downtown businesses." There are clear differences between the purposes and intents of the OSSHAD and CBD zoning districts. Overall, the CBD does not note the preservation of historic structures. CBD strives to protect historic aspects of the downtown, such as the scale, which is low-scale, particularly when looking to the surrounding municipalities and their larger height maximums. However, when compared with the historic districts, the CBD scale is not compatible in that it is taller and permits more scale and massing. Therefore, the OSSHAD intent is more appropriate as are its development requirements with the intentions to maintain the historic development pattern of the original Town of Delray neighborhood. As previously noted, the proposed amendment will allow the incursion of a more intense development having reduced setback requirements and a potential for greater height into an historic district having zoning regulations that established a mixed use district with a less intensity of uses, density, and scale and massing. The chart below gives a comparison of the development standards applicable to the proposed amendment and conditions of the subject property: OSSHAD CBD -Central Core Difference Hei ht* 35' 48' +13' Lot Covers a 40% --- Cannot determine difference O en S ace 25% 10% -15% Lot Size 8,000 s uare feet 0 --- Lot Width 80' o --- Lot De th 100' 0 --- 5 Planning and Zoning Board Memorandum Staff Report, September 17, 2007 Amendment to LDR Sections 4.4.24(8)(12), 4.4.24(F)(1)(a) OSSHAD CBD -Central Core Difference Lot Fronta a 80' 0 --- Setbacks** 1St & 2nd Stories Up to 25' 5'-10', depending on 70%-90%=15'-20' Front 25' ground floor use; ' ' closer; 70%-90% = 5 -10 max.; ' 10%-30%=10' closer; min. 10%-30% - 15 Side-Interior 7'6" 0' 7'6" closer 5'-10', depending on 70%-90%=5'-10' Side-Street 15' ground floor use; closer; 70%-90% = 5'-10' max. 10%-30%=No 10%-30% = 15' min. difference Rear 10' 10' No Difference 3`d Story-Over 25'-48' The floor area for the At least 70% = 15' min.; Front third floor shall be Up to 30% = 5'-10' min . Cannot determine limited to 50% of the 10 0 Side-Interior second floor area and or (depending on vehicular difference. the building setbacks access to rear of ro ert or planes of the facade Side-Street are offset and varied to See Front (above) Rear provide visual relief. 10' 4th Story -Over 37' Front At least 70% = 15' min.; Up to 30% = 5'-10' min. N/A 0' or 10' Side-Interior (OSSHAD height limit (depending on vehicular OSSHAD height limit ' is 35') access to rear of ro ert is 35 Side-Street See Front (above) Rear 22"`"` * Additional height exceptions would not apply *' See LDR Section 4.4.13 "** Pursuant to LDR Section 4.6.4(A)(1)(a)(ii). Otherwise, rear setback is 10'. See Appendix A for a comparison of the permitted uses within both the OSSHAD and CBD zoning district. The following statement was submitted in justification of the subject amendment: "The applicant is seeking to build an office building, which is much more in the character of the surrounding area. The development pattern surrounding this property is more typical to the CBD development regulations than the OSSHAD zoning regulations. To the north of the property is the Bob Federspiel Parking Garage which is subject to the CBD development regulations, as are all the lots to the north of the garage, to Lot 24. To the east of the property is the proposed Worthing Place project, which is located in the CBD zoning district. " As stated in the narrative, the applicant notes that the development of an office building is desired, which is in character with the surrounding area. The surrounding area includes the CBD zoning district (located both within, as an overlay, and outside of the Old School Square 6 Planning and Zoning Board Memorandum Staff Report, September 17, 2007 Amendment to LDR Sections 4.4.24(6)(12), 4.4.24(F)(1)(a) Historic District) and the Old School Square Historic District (properties zoned OSSHAD). The properties to the west of the property are contributing structures within the subject historic district, and will be the most affected by the proposed amendment. This is of concern as those properties that have not yet benefited from redevelopment could be further hindered as there would be less incentive for the rehabilitation and adaptive reuse of those properties. The properties to the north are located within the Old School Square Historic District and subject to the CBD uses and design standards. However, the east-west alleyway serves as a physical boundary between those properties and the subject property. Further, it appears that development outside of the designated historic district is being used to justify inappropriate regulations within the historic district such as the Worthing Place development located across SE 1St Avenue. If development outside of the historic districts justifies changing regulations within the historic district, then the same rationale could be applied to Block 70, located just to the south of the subject property and within the Old School Square Historic District. ASSESSMENT AND CONCLUSION ~ i The desire is "to build an office building, which is more in character of the surrounding area." It is noteworthy that a historic structure is located on the property, and that the subject property is located within a designated historic district. The justification centers around the desire to build an office building. However, office is a use allowed in the OSSHAD zoning district. While the development pattern surrounding this property is of CBD, the lots to the east (across SE 1St Avenue) are not in a designated historic district. While the lots to the north are located in a designated historic district, they contain a physical boundary (alleyway) between the adjacent properties within the Old School Square Historic District. It should be noted that it was made clear during the review for the amendment to the north that providing CBD overlay of permitted uses and development standards for those properties would not be precedent setting. The justification statement for the subject request illustrates the opposite. The OSSHAD district is typified as a low intensity mixed use district that allows single family residential, professional offices, boutiques, etc. The intensity allowed as principal uses as well as the more liberal development standards in the CBD zoning district, such as setbacks and height, for the subject property is incompatible with the historic district. Consequently, a positive finding cannot be made with respect to LDR Section 2.4.5(M)(5). The Comprehensive Plan calls for the preservation of historic resources, which is not achieved by the proposed amendment. Therefore, a positive finding can be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive Plan. REVIEW BY OTHERS The Historic Preservation Board (HPB) considered the subject LDR Amendments at its meeting of September 5, 2007. A recommendation to deny the amendment was made by a vote of 4-1. The Community Redevelopment Agency (CRA) considered the subject LDR Amendments at its meeting of September 6, 2007. A recommendation to deny the amendment was made by a vote of 5-0. Public Notice Since the proposed LDR text amendment is site specific, a public notice has been provided to property owners within a 500' radius of the subject property. 7 Planning and Zoning Board Memorandum Staff Report, September 17, 2007 Amendment to LDR Sections 4.4.24(6)(12), 4.4.24(F)(1)(a) Letters of objection and support, if any, will be presented at the meeting. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulation Section 4.4.24(6)(12) and 4.4.24(F)(1)(a), Ordinance 31-07, allowing the permitted uses and development standards excluding the exceptions to additional height in the CBD for Lots 16 thru 18, Less the South 75', Block 69 by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulation Section 4.4.24(6)(12) and 4.4.24(F)(1}(a), Ordinance 31-07, allowing the permitted uses and development standards excluding the exceptions to additional height in the CBD for Lots 16 thru 18, Less the South 75', Block 69 by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M). -- - RECOMMENDED ACTION -- Recommend denial to the City Commission of the amendment to Land Development Regulation Section 4.4.24(6)(12) and 4.4.24(F)(1)(a), Ordinance 31-07, allowing the permitted uses and development standards excluding the exceptions to additional height in the CBD for Lots 16 thru 18, Less the South 75', Block 69 by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M). Attachments: • Appendix A -Chart of Permitted Uses within OSSHAD and CBD ^ Exhibit "A" [Proposed Amendment] ^ Exhibit "B" [Context Map] ^ Location Map ^ Justification Statement 8 Planning and Zoning Board Memorandum Staff Report, September 17, 2007 Amendment to LDR Sections 4.4.24(6)(12), 4.4.24(F)(1)(a) APPENDIX A OSSHAD CBD -Central Core Permitted Uses Single family and duplex dwellings X --- Business, Professional, Medical and X Governmental Offices X (Except Government Offices) Retail sales through specialty shops X X (single purpose businesses) Restaurants of a sit down nature X X Arts related businesses X X Educational and/or Instructional activities (including training, vocational, or craft schools, the X X arts, personal development, and libraries, museums, and social and philanthropic institutions) Libraries and museums X X Personal services (barbershops, beauty shops, salons, cosmetologists) X X Catering services X X (not associated with a restaurant) Bed and breakfast inns X X Group Home, Type 1 X General retail ___ X Business and professional office X X Services and facilities (See 4.4.13(6)(3)) ___ X Multi-family --- (As aconditional use in a X mixed-use structure Hotels, motels, bed and breakfast inns, and X residential-type inns (Bed & Breakfast Inn Only) X Permitted Conditional Uses Multi-family dwellings in a mixed-use structure --- X (Allowed as combination of ermitted uses Outdoor dining X X Adult Congregate Living Facilities, Residential Licensed Service Provider Facilities, Child Care, Adult Day Care, Continuing Care, Convalescent X X Homes, and Nursing Homes Parking lots not associated with a use (i.e. public parking) X "' Residential-type inns X --- As a ermitted use Group Home X X Group Home, Type 2, and Community - X Residential Homes OSSHAD CBD -Central Core Planning and Zoning Board Memorandum Staff Report, September 17, 2007 Amendment to LDR Sections 4.4.24(8)(12), 4.4.24(F)(1)(a) Permitted Conditional Uses Multi-family dwelling units, excluding duplexes, at a density greater than thirty (30) units per acre, on property located south of N.E. 2nd Street and --- X north of S.E. 2nd Street Wash establishment, with automatic/mechanical ___ X systems only, for vehicles Flea markets, bazaars, merchandise marts, and X similar retail uses --- Playhouses, dinner theaters, and places of -~- X assembly for commercial entertainment purposes Movie theaters ___ X Veterinary clinics ___ X Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf ___ X courses, skating rinks Gasoline stations or the dispensing of gasoline directly into vehicles __ X Funeral homes including accessory uses ___ X Financial institutions ___ X Child care and adult day care ___ X Amusement game facilities ___ X Residential licensed service provider X Adult congregate living facilities X 10 T.~YT?TQTT ~' w ; w 'a CITY ,~, ~S ,~, ~ ~' ~ ~:~'~, > HALL ~.w. E~sr~ sr ~. ~ rv ~ ~~..~ isT sT. h o Q ~., ~ ~. o .; ,• :. ~ t'. J COMMUNITY ~~'~'` ~ C ~ CENTER _ °z ~ ~ N 4i ti ' Q - TENNI S OLD STADIUM ~,~~>,~ r' ~Y. ~ SCHOOL ~><~ k ,'Srh•; Sc:?UARE tai z A TLAN TI C A VEN.:U°E \~`~ ~~` ' '~~~ ~^ ~ MIXED-USE r POLICE SOUTH ~; ~ ~ ~% ~ ~^ ~ '. ?~ { ~ (NEW DEV.) ~ . COMPLEX COUNTY "~' x ~- ` ~A COURT ' ~ ~ ~ ~~ ~ o 'k > ~ (NEW DEV.) HOUSE - - ~~~ ~ '~'` PARKING LO wQ ~ ~ ~ ~. ~ ~~~,: (NEW DEV.) ., ~ ~ .~ ,rr ,~ ~ ^ ., - ~: S. 1ST .:: ~ -~''T S E ` `. 1ST ST. t -, ~ r-~ _ ~ _~ ~ ,I ~ r : SUBJECT PROPERTY w ~ _ p' ~ > :~ ~ Q D a r, . .:~ o_ o .~.:, Z F- ~ ~ d ~ N < ~ -"~~ 0_ M rfl. ~ ~ ~~ ~ _. W ~. ~ _ _ S. W. 2ND ST. S.E. 5T Q. 3 ~ vi cZv w vi ~ w vi N PROPOSED LDR AMENDMENT CBD OVERLAY ~- IN OSSHAD ON LOTS 16, 17, 18 (LESS S. 75') BLOCK 69 an aF oEtRAr eEAa+, rt PUNNING Li ZGNING DEPARTMENT LOCATION MAP t-STORY 2-STORY SUNDY HOUSE CBD ZONING OVERLAY OLD SCHOOL SQUARE CONTRIBUTING NON-CONTRIBUTING CONTRIBUTING NON-CONTRIBUTING EXPANSION PROPERTIES DIS1131CT BOUNDARIES ~ o ~ ^ O -- D1ClTAL BASE MAP SYSTEM -- MAP REF: S:\Planning do Zoning\OBMS\PROJECTS\HISi DISTRICTS\Proposed LOR Amendmenf N OSSHAD LOTS SUBJECT TO C.B.D. REGULATIONS ~~ ^....... OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD) ~i pTY OF OE~RAY BEACN, R aANNING ~ ZONING oEDAR fMENT ®-El(ISTING LOTS ®-PROPOSED LOTS O~ g_BIOCK NUMBER 3 -LOT HUMBER -- pGTAL BASE 4HP SYSTEM -- MAP REF: U+n122 JUSTIFICATION STATEMENT SUBMITTED BY APPLICANT "Justification" This text amendment is to allow the permitted uses and development standards in tfie CBD to apply to the following property located within OSSHAD: Lots 16, 17 and 1$, ~~s~he South 75 feet thereof, SUBDIVISION OF BLOCK 69, DELRAY EACH, according to the plat thereof, as recorded in Piat Book Z, Page(s) 43, ot~~ublic Records of Palm Beach County, Fiorida The applicant is seeking to build an office building, which is much more in the character of the surrounding area. The development pattern surrounding this property is more typical to the CBD development regulations than the OSSHAD zoning regulations. To the north of the property is the Bob Federspiel Parking Garage which is subject to the CBD development regulations, as are all the lots to the north of the garage; to Lot 24. To the east of the property is the proposed Worthing Place project, which is located in the CBD zoning district. -. Moreover, there are several sections of the. Comprehensive Plan that support the proposed text amendment including. but not limited to the following: Future Land Use Element Objective A-7 -Property shall be developed or redeveloped in a manner so thaf the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses and fulfills remaining land use needs. Housin_g Objective A-12 - To assist residenfs of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifrcations in and around the neighborhood do not lead fo its decline. Any increase in the intensity associated with this property will be negligible. Pursuant to LDR Section 2.4.5{M)(5), the text amendment is consistent with and furthers the goals, objectives, and policies of the Comprehensive Plan. ~a MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: R. BRIAN SHUTT, ASST. CITY ATTORNEY ~~-`r' THROUGH: CITY ATTORNEY DATE: SEPTEMBER 25, 2007 SUBJECT: AGENDA ITEM # ~ ~ . f ~-REGULAR MEETING OF OCTOBER 2, 2007 ORDINANCE 48-07/PLACEMENT OF LIENS DUE TO UNPAID CITATIONS ITEM BEFORE COMMISSION The item before the Commission is Ordinance 48-07 which amends Section 37.45 of the City Code regarding the placement of liens due to unpaid citations. BACKGROUND The Code Enforcement Division issues citations for certain violations of the City's Code of Ordinances. Currently, if a citation is not appealed or paid a judgment from a court would be required in order to place a lien on the property. This Ordinance provides that if the citation is not appealed or paid, the City's hearing officer may issue an order imposing the fine and costs against the real or personal property of the violator. Such order would then be recorded in the public records and become a lien against the real or personal property of the violator. RECOMMENDATION Staff recommends approval of Ordinance 48-07. ORDINANCE N0.48-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 37, "DELRAY BEACH CODE ENFORCEMENT" OF THE CODE OF ORDINANCES BY AMENDING SECTION 37.45, "SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES", SUBSECTION 37.45(L), "RECOVERY OF UNPAID CIVIL PENALTIES; UNPAID PENALTY TO CONSTITUTE A LIEN; FORECLOSURE", TO PROVIDE FOR THE PLACEMENT OF LIENS DUE TO UNPAID CITATIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City has adopted a method of citing people for code violations by the issuance of citations; and WHEREAS, in cases where the citation is not paid or not appealed the City wishes to place a lien against the real or personal property of the violator. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 37, "Delray Beach Code Enforcement", Section 37.45, "Supplemental Code Enforcement Procedures" is amended by amending Subsection 37.45(L), "Recovery of Unpaid Civil Penalties; Unpaid Penalty to Constitute a Lien; Foreclosure", to read as follows: (L) Recovery of Unpaid ('ivil Penalties; Unpaid Penalty to Constitute a Lien; Foreclosure. (1) The City may institute proceedings in a court of competent jurisdiction to compel payment of civil penalties. (2) A certified copy of an order imposing a civil penalty shall be recorded in the public records and thereafter shall constitute a lien against the property on which the violation exists and upon any other real or personal property owned by the violator; upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of this State, including levy against the personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. A civil penalty imposed pursuant to this Article shall continue to accrue until the violator complies or until judgment is rendered in a suit to foreclose a lien filed pursuant to this Chapter, whichever occurs first. After three (3) months from the date of filing of any such lien which remains unpaid, the City may foreclose or otherwise execute the lien. (3) No lien provided under this Article shall continue for a period longer than twenty (20) years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on a lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party may recover interest and all costs, including a reasonable attorney's fee, incurred in the foreclosure. The continuation of the lien affected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. (4) If the hearing officer finds that a violation exists and assesses the fine, or if a violator does not contest a citation as provided in this chapter, and the violator fails to pay the applicable fine, the hearing officer may enter an order imposing the fines and administrative costs previously set. A certified copy of an order imposin a civil penalty maybe recorded in the public records and thereafter shall constitute a lien against the real and personal property of the violator. Upon petition to the circuit court such order may be enforced in the same manner as a court iudgment by the sheriffs of this State including lev~~ainst the personal property, but such order shall not be deemed to be a court iud~nent except for enforcement purposes. A civil penalty imposed pursuant to this Chapter shall continue to accrue until the violator complies or until judgment is rendered in a suit to foreclose a lien filed pursuant to this Chapter whichever occurs first. After three (3) months from the date of filing of any such lien which remains unpaid the City may foreclose or otherwise execute the lien. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200_ ATTEST: MAYOR City Clerk First Reading Second Reading MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING ~ . THROUGH: CITY MANAGER ~~~~~~~5~~. ~'f~ DATE: SEPTEMBER 26, 2007 / ~ SUBJECT: AGENDA ITEM # ~ ~ • ! > REGULAR MEETING OF OCTOBER 2, 2007 CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING SECTION 1.4.1, ARTICLE 2.2, SECTION 2.2.1, 2.2.4, 2.4.3, 7.1.3, 7.8.9, 7.8.12, 7.8.14, 7.8.15, 7.8.16 7.8.17 7.8.18, 7.8.19, 7.8.20, 7.8.21, AND 7.8.22 AND REPEALING SECTION 2.2.5 AND 7.8.13 TO SUBSTITUTE "BOARD OF ADJUSTMENT" FOR "BOARD OF CONSTRUCTION APPEALS". ITEM BEFORE COMMISSION The item before the Commission is approval of aCity-initiated amendment to the Land Development Regulations (LDR) Section 2.2.4 and 2.2.5 to amend LDR Section 2.2.4 pertaining to the "Board of Adjustment" and repealing the LDR Section 2.2.5 relating to the "Board of Construction Appeals" combining both sections and creating a new combined Board. Additional changes are to be made to other sections and articles referenced above to remove references to "Board of Construction Appeals". BACKGROUND At the May 8, 2007 City Commission workshop meeting, the City Commission directed staff to review the validity of our current advisory Boards; and to determine whether Commission liaisons needed to be assigned and how liaisons would work with the Boards. A review has been conducted and one recommendation to come from that review is that the "Board of Construction .Appeals" and the "Board of Adjustment" be combined. Filling the specialized positions required by the two separate Boards has proven difficult. This ordinance has been prepared to create a new combined Board. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on September 17, 2007. No one from the public spoke on the issue. The Board recommended approval on a 7 to 0 vote by adopting the findings of fact and law contained in the Staff Report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, approve on first reading Ordinance No. 47-07 for aCity-initiated amendment to the Land Development Regulations (LDRs), amending LDR Section 1.4.1, Article 2.2, Sections 2.2.1, 2.2.4, 2.4.3, 7.1.3, 7.8.9, 7.8.1 2, 7.8.14, 7.8.15, 7.8.16, 7.8.17, 7.8.18, 7.8.1 9, 7.8.20, 7.8.21 and 7.8.22 and repealing Sections 2.2.5 and 7.8.13 to substitute "Board of Adjustment" for "Board of Construction Appeals" by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). Attachments: ^ Proposed Ordinance No. 47-07 ^ Planning and Zoning Report, September 17, 2007 ORDINANCE NO. 47-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 1.4.1, "INTERPRETATION OF LAND DEVELOPMENT REGULATIONS", SUBSECTION (A), "BUILDING REGULATIONS"; AMENDING ARTICLE 2.2, "ESTABLISHMENT OF BOARDS HAVING RESPONSIBILITIES FOR LAND DEVELOPMENT REGULATIONS"; AMENDING SECTION 2.2.1, SUBSECTION (A), "QUALIFICATIONS"; AMENDING SECTION 2.2.4, "THE BOARD OF ADJUSTMENT", AND REPEALING SECTION 2.2.5, "THE BOARD OF CONSTRUCTION APPEALS", IN ORDER TO COMBINE BOTH SECTIONS INTO A NEW SECTION 2.2.4, "THE BOARD OF ADJUSTMENT"; AMENDING SECTIONS 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION (K)(1), "DEVELOPMENT APPLICATIONS", IN ORDER TO REMOVE REFERENCE TO BOARD OF CONSTRUCTION APPEALS; AMENDING SECTION 7.1.3, "BUILDING CODE", SUBSECTION (A), SECTION 7.8.9, "INVESTIGATION; NOTICE", SUBSECTION (A)(5), SECTION 7.8.12, "STANDARDS FOR DETERMINING ACTION TO BE TAKEN BY BUILDING OFFICIAL", AND REPEALING SECTION 7.8.13, "PROCEDURAL. MATTERS, BOARD OF CONSTRUCTION APPEALS", AMENDING SECTION 7.8.14, "APPEALS, GENERALLY; BOARD OF CONSTRUCTION APPEALS", SECTION 7.8.15, "DECISIONS, GENERALLY", SECTION 7.8.16, "APPEALS, AUTHORIZED FORM", SECTION 7.8.17, "HEARING, FAILURE TO APPEAR AT HEARING, BOARD OF CONSTRUCTION APPEALS", SECTION 7.8.18, "RULES OF PROCEDURE FOR HEARING APPEALS, BOARD OF CONSTRUCTION APPEALS", SECTION 7.8.19, "STAYING OF NOTICE UNDER APPEAL TO BOARD OF CONSTRUCTION APPEALS", SECTION 7.8.20, "FAILURE TO COMPLY WITH FINAL ORDER OR DECISION", SECTION 7.8.21, "RECOVER OF COST OF DEMOLITION; LIENS", AND SECTION 7.8.22, "VIOLATIONS; PROVIDING FOR INDEPENDENT JUDICIAL PROCEEDING", IN ORDER TO SUBSTITUTE "BOARD OF ADJUSTMENT" FOR "BOARD OF CONSTRUCTION APPEALS"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on September 17, 2007 and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to combine the Board of Adjustment and the Board of Construction Appeals into one board called the Board of Adjustment in order to provide for a more efficient, more effective board; and WHEREAS, the City Charter requires a Board of Adjustment be established; and WHEREAS, the City desires to abolish and disband the Board of Construction Appeals and add its duties to the Board of Adjustment; and WHEREAS, the City desires to disband the current Board of Adjustment and create a new Board of Adjustment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Section 1.4.1, "Interpretation of Land Development Regulations", Subsection (A), "Building Regulations", of the Land Development Regulations of the City of Delray Beach, Florida, shall be amended to read as follows: Section 1.4.1 Interpretation of Land Development Regulations (A) Building Regulations: All questions of interpretation of Chapter Seven, Building Regulations, shall first be presented to the Chief Building Official. Such questions shall be presented to the Board of Adjustment only upon an appeal from the decision of the Chief Building Official. Section 2. That Article 2.2, "Establishment of Boards Having Responsibilities for Land Development Regulations", Section 2.2.5, "The Board of Construction Appeals" of the Land Development Regulations of the City of Delray Beach, Florida, is hereby repealed in its entirety. ARTICLE 2.2 ESTABLISHMENT OF BOARDS HAVING RESPONSIBILITIES FOR LAND DEVELOPMENT REGULATIONS This Article establishes the Boards which are primarily responsible for the implementation and application of these Land Development Regulations. General provisions which govern each Board along with specific provisions for individual Boards and establishment of powers, duties, and responsibilities are set forth herein. 2 ORD. NO. 47-07 Section 2.2.1 General Provisions (A) Qualifications (B) Compensation and Reimbursements (C) Evening Business Meetings (D) Appointment and Term, Officers (E) Meetings (F') Removal of Members, Vacancies (G) Assignment of Administrative and Legal Support Services Section 2.2.2 The Planning and Zoning Board Section 2.2.3 The Site Plan Review and Appearance Board Section 2.2.4 The Board of Adjustment Section 2.2.6 The Historic Preservation Board Section 3. That Section 2.2.1, "General Provisions", Subsection (A), "Qualifications", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (A) Qualifications: A member shall either be a resident of, or own property in the City, and/or own a business within the City Additional qualifications may be established for individual boards. Section 4. That Section 2.2.4, "The Board of Adjustment", of the Land Development Regulations of the City of Delray Beach, Florida, shall be amended to read as follows: Section 2.2.4 The Board of Adjustment: (A) Creation: A Board of Adjustment for the City of Delray Beach is hereby created under the authority of the City Charter Section 3.08. (B) Composition: The Board of Adjustment shall consist of five regular members. In addition, there shall be two (2) alternate members. In the absence of a regular member, an alternative member shall be called to sit, and act in lieu of the regular member, by the Chairperson of the Board. 3 ORD. NO. 47-07 (C) Meetings and Quorum: (1) The Board of Adjustment shall hold two regularly scheduled business meeting each month. However, the required regular meetings shall be canceled if there are no petitions before the Board. (2) A quorum of the Board consists of four (4) members. The concurring vote of four (4) members shall be necessary to decide in favor of an applicant with respect to reversing a decision of the Chief Building Official or the granting of a variance. (3) The Chairperson may administer oaths and compel the attendance of witnesses. (D) Duties, Powers and Responsibilities: (1) The Board hereby has the authority to hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Chief Building Official, with the exception of interpretations of use matters and other items specifically preempted or granted to others pursuant to these Land Development Regulations. (2) The Board, so long as its actions are in conformity with the terms of these Land Development Regulations may reverse or affirm, wholly or partly, or may modify the order, requirement, or decision, or determination appealed from and may make such order, requirements, decision, or determination as ought to be made, and to that end shall have powers of the chief Building Official from whom the appeal is taken. The Board has the authority to take action on duly filed appeals with respect to the action of the Chief Building Official concerning interpretation, administration, or enforcement of the following: (a~ Building Code, Article 7.1, except Sections 7.1.5 through 7.1.7 (b~ Electrical Code, Article 7.2 (c1 Gas Code, Article 7.3 (d1 Housing code, Article 7.4 (~ Mechanical Code, Article 7.5 f f~ Plumbing code, Article 7.6 (~) Elimination or Repair of Unsafe Buildings, Article 7.8 ~h) Moving of Building, Article 7.10 4 ORD. NO. 47-07 {~} ~4,~ The Board hereby has the authority to grant variances and hear appeals from the provisions o£ (a) The General Development Standards set forth in Section 4.3. (b) Regulations found in the Flood Damage Control Overlay District, Section 4.5.3. (c) The supplemental district regulations (Article 4.6) except where said authority is expressly prohibited or granted to others. (d) Fire Prevention Codes, Chapter 96 of the City Code, per Section 96.06. (e) "District Regulations and Incentives" in Section I of the Beach Property Owners Design Manual for North Beach & Seagate Neighborhoods as set forth in Section 4.5.13. {4}-,(5~ The Board has the authority to grant variances to the Noise Code pursuant to City Code Section 99.30. (6) The Board shall be prohibited from considering: ~ f a~ Use variances, ~ .(~b r'~~..:a,.°°~~~ ~` architectural elevations, ~ ~ landscaping plans, ~ ~ Variances for signs and signage, ~~ Any variance action within a designated Historic Preservation District or upon a Historic Site, and ~ j~f Variances to height regulations_ ~5} ~ To provide "good offices" and assistance to other governmental boards, commissions, and committees in the fulfillment of goals, objectives, and policies of the Comprehensive Plan. {fir} f 8~ All decisions of the Board of Adjustment are final. Any person or persons, or any Board, Taxpayer, Department, Board, or Bureau of the City may aggrieve any decision of the Board of Adjustment and may seek review of such decision in the Circuit Court of Palm Beach County. 5 ORD. NO. 47-07 Section 5. That Section 2.2.5, "The Board of Construction Appeals", of the Land Development Regulations of the City of Delray Beach, Florida, shall be repealed in its entirety. ,~ ORD. NO. 47-07 > , « ,~ ~ : Section 6. That Section 2.4.3, "Submission Requirements", Subsection (K), "Fees", of the Land Development Regulations of the City of Delray Beach, Florida, shall be amended to read as follows: (K) Fees: Processing fees shall be collected for development applications. The fees shall be as established herein and as modified by ordinance of the City Commission. (1) Development Applications: The following fees shall be charged for development applications. All fees are cumulative and separate unless otherwise indicated. Combined applications shall provide multiple fees. (p) Formal interpretation by the Board of Adjustment $ 60 (per item) $ 60 (t) Hearing before the Board of Adjustment $ 60 (per item) $ 60 Section 7. That Section 7.1.3, "Building Code", Subsection (A), of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 7.1.3 Building Code: (A) Adopted by Reference: The 2001 Florida Building Code, as amended, and the amendments to the 2001 Florida Building Code as adopted by Palm Beach County are hereby 7 ORD. NO. 47-07 adopted and incorporated as if set forth herein, except as amended in Section 7.1.2(B) of this Article. This Article also adopts the 1999 Windborne Debris Impact Standard (SSTD 12-99). If a later edition of this code or subsequent amendments are made to the applicable minimum code, then those revisions or amendments shall automatically become the adopted code under this chapter. (1) Appeals concerning interpretation or administration of the provisions of this chapter shall be heard by the Board of Adjustment. Section 8. That Section 7.8.9, "Investigation; Notice", Subsection (A)(5), of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 7.8.9 Investigation; Notice: (A) The Chief Building Official or his designee shall cause a title search to be made of the affected property to determine the names of all persons having an interest in the property. The Chief Building Official or his designee shall then prepare and issue a Notice of Unsafe Building/Structure directed to the owner of record and all persons having a legal interest in the property, including all known tenants. The notice shall contain, but not be limited to, the following information: (1) The street address and legal description of the building, structure, or premise, as disclosed by the title search and/or County or City records. (2) A statement indicating that the building or structure has been declared unsafe by the Chief Building Official or his designee and a detailed report documenting the conditions determined to have rendered the building or structure or portion thereof unsafe under the provisions of this chapter. (3) The action required to be taken as determined by the Chief Building Official or_his designee. (a) The notice shall require that all necessary permits be secured and the repair work be commenced within 60 days from the date of service of the Notice of Unsafe Building/Structure, and continued to completion within 6 months from the date the permits are available for issuance. The notice shall also set forth the provisions of Section 7.8.4 of this chapter. (b) If the building or structure is to be vacated, the notice shall indicate the time within which vacation is to be completed. 8 ORD. NO. 47-07 (c) If emergency action was taken by the Chief Building Official or his designee pursuant to 7.8.12(C), the notice shall state the emergency action taken and any costs incurred. (4) The notice shall state what action shall be taken by the City in the event that repairs are not made in accordance with the directions in the Notice of Unsafe Building/Structure. The Chief Building Official or his designee may in that case bring the matter before the Code Enforcement Board or order the building to be vacated and demolished or boarded up in accordance with the standards set forth in Section 7.8.12 of this chapter. (5) A statement advising that any person having a legal interest in the property may appeal the finding of the Chief Building Official or his designee to the Board of Adjustment and that the appeal shall be in writing in the form specified in Section 7.8.14 and 7.8.16 of this Chapter, and must be received by the Chief Building Official or his designee no later than thirty (30) days from the date of service of the Notice of Unsafe Building/Structure and that failure to deliver an appeal in the correct form in the time specified will constitute a waiver of all rights to an administrative hearing. Section 9. That Section 7.8.12, "Standards for Determining Action to be Taken by Building Official", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 7.8.12 Standards for Determining Action to be Taken by Building Official: The following actions shall be taken by the Chief Building Official or his designee when ordering the repair, vacation, demolition or boarding up of an unsafe building or structure or portion thereof (A) If the building or structure poses an immediate hazard to the life or to the safety of the occupant or user thereof, or to the neighborhood, or to the public, or to the property of others, it shall be ordered immediately vacated. Additionally, where the building is not repaired in the time permitted, it will be ordered vacated and demolished, in accordance with the general guidelines in this section. (B) The building or structure will be ordered demolished when the condition of the building structure or portion thereof is sufficiently unsanitary, unsafe, unsecured, unguarded or detrimental to neighboring properties due to lack of completion, upkeep or exterior maintenance and where the required repairs are not performed within the time prescribed in the Notice of Unsafe Building/Structure or by order of the Board of Adjustment, and where the continued existence of the structure poses a hazard to the health or safety of the public or the occupants or users of the effected building or to the property of others. This applies even if the building is secured against entry and where the building is 9 ORD. NO. 47-07 sufficiently damaged, unsound, unsafe, unsanitary or detrimental to property values in the vicinity due to incomplete condition or lack of maintenance and upkeep. (C) In certain cases where the Chief Building Official or his designee, based upon his own experience and knowledge, or upon the advice of fire officials, determines that an immediate peril exists and that certain preventative action must be taken immediately without notice or tide search to prevent injury to occupants, neighbors or the public or destruction of the property of neighbors or the public, the Chief Building Official or his designee may order immediate preventative actions which may include, but shall not be limited to, vacating the property, demolition, erecting fences or other barricades, boarding up, ordering the disconnection of power and water supplies and the City may assess the costs of such action as alien upon the property in accordance with this chapter. In the aforementioned cases, a Notice of Unsafe Building/Structure shall be served after preventative action is taken in the same manner as when action is taken after service. An appeal to the Board of Adjustment based upon an emergency action is proper only as it relates to costs incurred by the City, providing such appeal is received in the form prescribed by Sections 7.8.9, 7.8.14, and 7.8.16, and is received by the Chief Building Official no later than 30 days after service of the Notice of Unsafe Building/Structure. (D) The Chief Building Official or his designee shall have the authority to approve one extension of time to complete repairs to make a building or structure safe or to complete demolition. Such extension shall not exceed 60 days from the original expiration date fox repair or demolition. The extension shall only be granted where the Chief Building Official or his designee determines that a good faith effort is being made to correct the unsafe condition, and that the extension will not unreasonably endanger the public. The building official may require that premises be guarded by fencing, barricading or other means until all repairs are made or demolition is completed. Section 10. That Section 7.8.13, "Procedural Matters, Board of Construction Appeals", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby repealed in its entirety: 10 ORD. NO. 47-07 > > > > ~t~t&~-~9~438£( . 11 ORD. NO. 47-07 . ~ xcfi~et~s: Section 11. That Section 7.8.14, "Appeals, Generally, Board of Construction Appeals", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 7.8.14 Appeals, Generally; Board of Adjustment: (A) Appeals to the Board of Adjustment may be taken by any person aggrieved, or by any officer or bureau of the governing body of the City, affected by any decision of the Chief Building Official concerning interpretation, administration, or enforcement of the following provisions of the Land Development Regulations: (1) Building Regulations: Article 7.1 except Sections 7.1.5 through 7.1.7 (2) Gas Code: Article 7.3 (3) Mechanical Code: Article 7.5 (4) Plumbing Code: Article 7.6 (5) Electrical Code: Article 7.2 (6) Housing Code: Article 7.4 (7) Unsafe Building/Structure: Article 7.8 (8) Moving Buildings: Article 7.10 (B) It is the intent of this subchapter that all questions of interpretation, administration, and enforcement shall first be presented to the Chief Building Official. Questions shall be presented to the Board of Adjustment only as an 12 ORD. NO. 47-07 appeal of the Chief Building Official's determination. Appeals shall be filed in writing via certified U.S. Mail return receipt requested, and received by the Chief Building Official no later than 30 days after receipt of a written decision from the Chief Building Official except as specified in 7.8.9. The form of the appeal is as specified in 7.8.16. The Chief Building Official shall forth with transmit to the Board all papers constituting the record on which the appeal is based. Section 12. That Section 7.8.15, "Decisions, Generally", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 7.8.15 Decisions, Generally: In exercising its powers, the Board of E~ ~eals Adjustment, so long as the action is in conformity with the terms of existing ordinances, may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make the order, requirement, decision, or determination as should be made, and to that end shall have powers of the Chief Building Official from whom the appeal is taken. Section 13. That Section 7.8.16, "Appeals, Authorized Form", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 7.8.16 Appeals, Authorized Form: (A) For all authorized matters other than Unsafe Building/ Structure, any person or persons who have an interest adversely impacted by the Chief Building Official's decision may file an appeal. (B) For Unsafe Building/Structures, any person entitled to service in accordance with the provisions of Section 7.8.9 may appeal any action of the Chief Building Official or his designee. (C) Appeals must be in the form described below: (1) Identification of the land, and building or structure by street address and/or legal description, as appropriate. (2) A statement identifying the legal interest of the appellant or the interest of the appellant adversely impacted by the Chief Building Official's decision. (3) A statement identifying specific portions or sections of the Notice of Unsafe Building/Structure or written decision of the Chief Building Official which are being appealed. 13 ORD. NO. 47-07 (4) A statement detailing the issues on which the appellant desires to be heard in relation to (3) above. (5) The legal signature of the appellant(s) and his official mailing address(es). (D) Upon receipt of an appeal, the Board of Adjustment shall fix a date, time, and location for the hearing of the appeal. The hearing date shall not be more than 30 days from the date the appeal was received by the Chief Building Official unless the appellant agrees to a later date or the City demonstrates good cause (E) Waiver of Appeal: All appeals must be received by the Chief Building Official no later than 30 days from the date of service the Notice of Unsafe Building/Structure or 30 days after receipt of the Chief Building Official's written decision which is appealed. Failure to appeal within the time period specified shall constitute a waiver and shall make_the decision of the Building Official a final decision or order. Section 14. That Section 7.8.17, "Hearing; Failure to Appear at Hearing, Board of Construction of Appeals", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 7.18.17 Hearing; Failure to Appear at Hearing, Board of is Adjustment: (A) Scope of hearing: (1) The hearing shall offer the appellant(s) reasonable opportunity to be heard on only those specific matters or issues raised in his written appeal. Other persons having a legally cognizable interest in the property but who did not register a written appeal may be heard at the Board of 'Adjustment's discretion on only those matters or issues raised by the appellant on his appeal and only to the extent that they affect the legally cognizable right of the person seeking to intervene in the appeal. (2) The Chief Building Official or his designee shall offer relevant testimony to the Board and/or the Chief Building Official may call others to testify who may offer relevant testimony. (3) The appellant or other person with a legally cognizable interest may appear at the hearing in person or through his attorney or other designated representative. (4) The Board, in hearing appeals under this chapter, shall determine whether the decision of the Chief Building Official or his designee as to the unsafe condition of 14 ORD. NO. 47-07 the structure or the remedial action required or his interpretation, administration or enforcement of relevant `matters, as related to those matters raised by the appellant, is appropriate under the guidelines of this chapter. With regard to emergency actions, the Board's sole determination shall be to determine whether the costs incurred were reasonably related to the action undertaken. (B) The failure of any person to appear at the hearing set by the Board of Adjustment without permission from the Board shall constitute a waiver of his right to an administrative hearing on the Notice of Unsafe Building/Structure or other matter appealed. The Board of Adjustment may, for good cause shown, excuse the failure to appear and set a new hearing date. Section 15. That Section 7.8.18, "Rules of Procedure for Hearing Appeals, Board of Construction of Appeals", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 7.8.18 Rules of Procedure for Hearing Appeals, Board of ~4gpealg Adjustment: (A) Reasonable Dispatch: The Board of Adjustment shall proceed with reasonable dispatch to conclude any matter before it. (B) Form of Hearing Notice to Appellant(s): (1) The Hearing Notice shall include, but not be limited to, the following information: (a) The date, time, and place of the hearing; (b) The legal description and/or address of the subject property, as applicable; (c) A statement that persons may be represented by counsel; and (d) A statement that appellants may present all relevant testimony on those issues which they intend to raise in accordance with their appeal request as addressed to the Chief Building Official. (C) Procedures for Hearing: 15 ORD. NO. 47-07 (1) The Hearing Notice shall be served personally or by certified mail, return receipt requested, at least 7 days prior to the hearing date unless the appellant waives such requirement. (2) The Board of Adjustment may grant a continuance for good cause. (3) When the hearing is scheduled, the Board of Adjustment shall: (a) Hear from the Chief Building Official or his designees or others who may offer relevant testimony as to and as applicable to: (i) The Notice of Unsafe Building/Structure and all attachments thereto or other matters being appealed. (ii) Proof of service of the Notice of Unsafe Building/Structure on the owner of record and on any person determined from official public records to have a legal interest in the property or proof of service or receipt by the appellant(s) of any other written decision which is being appealed. (iii) The time of posting the Notice of Unsafe Building/Structure, including time to vacate, if any, and the location of the notices on the building or structure. (iv) The particulars of the defects and conditions determined to have rendered the building or structure or portion thereof unsafe under the provisions of this chapter, with photographs as necessary. (v) The recommended corrective actions to be taken and the reasons for the recommendations. (vi) Corrective actions, if any, already undertaken. (vii) The reasons and bases supporting the written decision made by the Chief Building Official which is being appealed. (b) Hear from other interested parties present in accordance with requirements of this chapter. 16 ORD. N0.47-07 (4) Evidence: (a) The Hearing before the Board of Adjustment shall not be required to be conducted in accordance with the technical rules relating to evidence and testimony. (b) In any proceedings under this chapter any member of the Board shall have the power to administer oaths and affirmations and to certify official acts. (c) Oral evidence shall be taken only on oath or affirmation. (d) Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence. The further use of hearsay evidence shall be limited to that which would be admissible in civil court. (e) Relevant evidence shall be admitted if it is the type on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of evidence over objection in civil courts. (5) The Board of Adjustment may inspect any building, structure or portion thereof involved in the appeal during the course of the hearing, provided the following are complied with: (a) Notice of an inspection is given to the appellant prior to the inspection; (b) The appellant is allowed to be present during the inspection; and (c) The Board members conducting the inspection state for the record, upon completion of their inspection, the conditions observed and any conclusions drawn therefrom. (6) When an appeal is heard before the Board itself, any member who does not hear the evidence presented shall not vote or take part in the decision. 17 ORD. NO. 47-07 (7) The Board of Adjustment may be provided independent counsel, including counsel from the City Attorney's office, to advise it during the course of an appeal hearing. (D) Decision of the Board: (1) The Board, if requested, shall determine whether the finding of the Chief Building Official or his designee that the building or structure is unsafe is proper under the guidelines of this chapter, and whether the mandated corrective action is necessary to render the building safe under the guidelines of this chapter. In cases where demolition has been ordered if repairs are not made, the Board shall, if requested, determine that demolition is proper. The Board may uphold the determination of the Chief Building Official or his designee, may send the matter back for further investigation and review by the Chief Building Official or his designee, or may make a finding that the condition complained of by the Chief Building Official or his designee does not render the building unsafe within the guidelines of this chapter, or that the corrective_action required by the Chief Building Official or his designee is beyond what is required under this chapter to render the building safe. As to any other matter or appeal, the Board may affirm, deny or modify the written decision of the Chief Building Official in accordance with codes and ordinances adopted by the City. (2) The Board shall issue its written decision within 15 working days of the conclusion of the hearing. The decision shall be in writing and shall set forth the evidence presented and the findings of the Board. The effective date of the Board's final decision shall be the date of the written decision. The Board may grant one and only one extension of the time specified for making repairs and that extension may not exceed 60 days from the date of the Board's written decision to grant an extension. The Board may require the appellant to take actions to ensure the safety of the public or occupants during the extension period. (E) Recourse: If the appellant or the City is aggrieved by the decision of the Board, nothing in this chapter shall be construed to deprive him or the City of seeking redress in a court of competent jurisdiction. The appeal must be filed within 30 days from the effective date of the Board's final written decision and shall constitute a stay of any enforcement by the Chief Building Official or his designee except an order to vacate which was unappealed or upheld by the Board. Section 16. That Section 7.8.19, "Staying of Notice Under Appeal to Board of Construction Appeals", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows: 18 ORD. NO. 47-07 Section 7.8.19 Staying of Notice Under Appeal to Board of Adjustment: (A) As to an order to vacate issued in accordance with Section 7.8.9(3)(a) or 7.8.12(C) of this chapter, enforcement of any notice issued by the Chief Building Official or his designee under the provisions of this chapter shall be held in abeyance during the course of an appeal. In the event that an order to vacate was issued pursuant to the aforementioned sections of this chapter, the Chief Building Official shall certify in writing as soon as practicable after the notice of appeal has been filed that, in his opinion, a stay of enforcement of an order to vacate would cause imminent peril to the life or safety of natural persons, or the property of persons other than the appellant. The certification shall set forth in detail those conditions causing the peril. An appellant desiring to challenge the order to vacate may request an emergency hearing of the Board of Adjustment. The hearing shall be held within 72 hours of the appellant's request. (B) As to other matters under appeal, an appeal stays all proceedings in furtherance of the action appealed from, unless the Chief Building Official from whom the appeal is taken certifies to the Board of Adjustment after the Notice of Appeal is filed with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In this case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Adjustment at an emergency hearing of the Board as requested by the appellant, as noted above, or by a court of competent jurisdiction. Section 17. That Section 7.8.20, "Failure to Comply with Final Order of Decision", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 7.8.20 Failure to Comply with Final Order or Decision: (A) Any person who, after the order or decision of the Chief Building Official or his designee or the decision of the Board of Adjustment becomes final, fails or refuses to act in accord with the direction of that order shall be in violation of this chapter and may be prosecuted in accordance with Chapter 37 of the Code of Ordinances of the City or the City may seek relief through a court of competent jurisdiction. (B) Alternatively, where persons fail to comply with the final order of the Chief Building Official or his designee or the Board of Adjustment, the Chief Building Official will require the building to be immediately vacated and demolished or boarded up as provided in Section 7.8.12. Except in emergency situations, the Chief Building Official or his designee shall mail a Final Notice by certified and first class mail 15 days prior to demolition 19 ORD. NO. 47-07 or boarding up to all persons who were required to receive Notice of Unsafe Building/Structure and shall post the Final Notice on the effected building/structure. The Final Notice shall state: (1) That the building or structure has been determined to be unsafe by a final order of the Chief Building Official or Board of ~tie~exls Adjustment. (2) That repairs were not effected as required. (3) That all persons having a legally cognizable interest were served with notice that the failure to make the required repairs would result in an order to vacate and/or to demolish or to board-up the building. (4) That the building must be vacated immediately, if it has not already been vacated. (5) Advising that the building shall be demolished or boarded up, and stating an approximate date of demolition or boarding up. (6) The approximate costs of boarding up or demolition and that such costs, if not paid, shall be charged as a lien against the property and that other costs incurred will be added to the total cost along with a 10% administrative fee. (C) The Chief Building Official shall also execute an Affidavit II to be included with the above Final Notice which shall state that the continued existence of the structure creates a danger to the health, safety, or welfare of the public, or is a danger or detriment to the property of the public, along with the reasons therefor, and the factual support for those reasons. (D) No person shall obstruct or interfere with the implementation of any action required by the Final Notice of the Chief Building Official, his designee or the Board of Adjustment. Any person found interfering with or obstructing such actions shall be in violation of this chapter and shall be prosecuted as provided in Section 7.8.22. (E) Performance of Work: The demolition or board-up of an unsafe building as required in the Final Notice of the Chief Building Official or the final decision by the Board of Adjustment shall be performed in an expeditious and workmanlike manner. Section 18. That Section 7.8.21, "Recovery of Cost of Demolition; Liens", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 7.8.21 Recovery of Cost of Demolition; Liens: 20 ORD. NO. 47-07 (A) Whenever the Chief Building Official or his designee is required to take emergency action as described in Section 7.8.12(C) or where compliance with a Final Notice is effected by the City, the City administration is authorized and directed to keep an accurate account of all expenses incurred, including but not limited to photographs, recording notices and affidavits, demolition, vacation, barricading, boarding-up, title searches, mailings, asbestos inspections, septic tank emptying, fencing, asbestos removal, utility disconnections, legal notice advertising or any other expenses necessitated by the demolition or board-up of the building/structure, and based upon same certify the cost involved for that work with respect to each parcel of property. The City shall also add to the total of such costs a 10% administrative charge to cover the expense of administering and inspecting the work performed, overhead, and other contingent expenses. The cost of advertising shall be added to the total costs as a separate expense. (B) If the City has the condition abated and payment is not received within 30 days after the mailing of an invoice for the appropriate expenses incurred together with administrative costs, an invoice requesting payment of the total costs and administrative charges shall be sent to the last known address of the record owner. In the event the invoice remains fully or partially unpaid 30 days after the date of mailing the invoice, the cost shall be reported by the City Manager to the City Commission. Thereupon the City Commission shall, by resolution, assess that cost against the parcel. The resolution shall describe the land and show the cost of effecting compliance, whether by demolition and removal or otherwise, actually incurred by the City and the additional 10% administrative expenses. The assessment shall also include costs of collection and reasonable attorney fees, and shall be legal, valid, and binding obligations against the subject property. The resolution shall become effective 30 days from the date of adoption, and the assessment contained therein shall become due and payable no later than 30 days after the mailing date of the Notice of Assessment, after which interest shall accrue at the rate of 8% per annum on any unpaid portion. (C) The City shall send an invoice for the total amount due, a copy of the Notice of Assessment along with a copy of the Commission resolution, to the last known address of the record owner. Service shall be by personal delivery or by certified mail, postage prepaid, return receipt requested. In the event that the assessment remains fully or partially unpaid after 30 days of the mailing date or personal delivery of the Notice of Assessment, the City shall cause to be recorded rn the official records of the County, against those properties for which payment in full has not been received, an affidavit certifying: that a resolution assessing those costs against the subject property was passed by the City Commission; the amount remaining unpaid including recording costs and any additional administrative costs authorized by City policies; the date the resolution was passed and the number of the resolution; that the assessment remains unpaid as of the date of the affidavit; that interest in the amount of 8% per annum of the unpaid balance shall accrue; and that the affidavit is recorded by the City pursuant to this chapter. In the event payment in full with interest accrued is received, the City shall cause a 21 ORD. NO. 47-07 satisfaction for such assessment to be recorded. The Notice of Assessment resolution shall be in substantially the following form: CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT DATE TO: ADDRESS: PROPERTY: You, as the record owner of, or holder of an interest in, the above described property are hereby advised that a cost of by resolution of the City Commission of the City of Delray Beach, Florida, dated 19_, has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described property. You were given notice on that the Chief Building Official had determined that abuilding/structure located on the above described property was unsafe. You were advised in that_notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the City if you failed to act. You failed to appeal the decision of the Chief Building Official to the Board of E ~ Adjustment although you were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Building Official to the Board of Adjustment. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Adjustment within a stated period of time. You failed to take the action as required by the order of the Board of Adjustment. You appealed the decision of the Building Official to the Board of Adjustment on The Board of ~~ Adjustment upheld the decision of the Building Official. 22 ORD. NO. 47-07 The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on at a cost of which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional administrative and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above-described property. THE CITY MAY ENFORCE THE ASSESSMENTS BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISSION City Clerk (D) The City may enforce the assessments by either an action at law or foreclosure of the lien, which shall be foreclosed in the same manner as mortgages are foreclosed under state law. In either type of action, the City shall be entitled to interest at the rate of 8% from the date of assessment, collection costs, and reasonable attorney's fees. Such liens shall be on a parity with general City taxes and shall have priority over all other liens and encumbrances, including mortgages. Section 19. That Section 7.8.22, "Violations; Providing fox Independent Judicial Proceeding", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 7.8.22 Violations; Providing for Independent Judicial Proceeding: (A) Any person or his agent, who shall violate a provision of this chapter or fail to comply therewith, including orders and findings of the Board of Adjustment, may be prosecuted and punished in accordance with Chapter 37 of the City's Code of Ordinances. Each person shall be deemed guilty of a separate offense fox each and every day 23 ORD. NO. 47-07 or portion thereof during which any violation is committed or continued. The administration may alternatively seek enforcement in a court of competent (B) Any person, firm or corporation who violates any provision of this chapter for which another penalty is not specifically provided shall, upon conviction, be subject to a fine not exceeding $500 or imprisonment for a term not exceeding 30 days or both. Each day any violation shall continue to exist shall constitute a separate offense. (C) All remedies and procedures in this chapter are not exclusive and shall not prevent the City from instigating an independent legal action in a court of competent jurisdiction. Section 20. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 21. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 22. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of 2007. ATTEST: CITY CLERK First Reading Second Reading MAYOR 24 ORD. NO. 47-07 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: SEPTEMBER 17, 2007 AGENDA NO: IV. E AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING SECTION 1.4.1, ARTICLE 2.2.1, SECTION 2.2.4, 2.2.5, 2.4.3, 7.1.3, 7.8.9, 7.8.12, 7.8.14, 7.8.15, 7.8.16, 7.8.17, 7.8.18, 7.8.19, 7.8.20, 7.8.21, AND 7.8.22 TO SUBSTITUTE "BOARD OF ADJUSTMENT" FOR "BOARD OF CONSTRUCTION APPEALS". ~~~~~-. ; spa ,,. .r.-;,_ `ITEM BEFORE~THE BOARD ; The item before the Board is that of making a recommendation to the City Commission-regarding a City=initiated amendment to the Land Development Regulations (LDR) Section 2.2.4 and 2:2.5 to amend the LDR Section 2.2.4 pertaining to the Board of Adjustment and repealing the LDR Section 2.2.5 relating to the Board of Construction Appeals to combine both sections to create. a new combined Board. Additional changes are to be made to other sections and articles reference above to remove references made to "Board of Construction Appeals". Pursuant to .Section 1.1.6, an amendment to the texf of the Land Development: Regulations n1aX not be made until a recommendation is obtained from the Planning and Zoning .Board...- .. ~~~ ,, CKGR UNDIANALI~SIS ~ ~. E,f'. - ~. ~f At the May 8, 2007 City Commission workshop meeting, the City Commission directed staff to review the validity of our current advisory Boards; and to determine whether Commission liaisons needed- to be assigned and how liaisons would work with the Boards. A review has been conducted and one recommendation to come from that review is that the Board of Construction Appeals and the Board of Adjustment be combined. Filling the specialized positions required ;by the two separate Boards has proven difficult. This ordinance has been prepared to create a new' combined Board. REQUIRED FINDINGS LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Comprehensive Plan Policies: The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no applicable goals, objectives or policies noted. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them: IV. E. Planning and Zoning Board Meeting, September 17, 2007 LDR Amendment -Combining the BOA and BOCA ;,.;.: - ~ ..;:; '; ;',;' ~ ~REVIEW'BY OTHERS:; Courtesy Notices: Courtesy notices were provided to the following associations: ^ Neighborhood Advisory Council ^ Chamber of Commerce Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. "rASSESSMENT AND'CONCLUSION ` .. ' The purpose of this City-initiated LDR text amendment is to eliminate the Board of Construction Appeals and to expand the authority of the Board of Adjustment to include those enforcement areas .previously allocated to the Board of Construction Appeals. This LDR text amendment is consistent. with the Comprehensive Plan and positive findings can be made with respect..to LDR Section 2.4.5(M) (5). ,y.~ ,'RECOMMENl7ED`4CTION :~ ,;'~'; °: "~~~ "'~ ; Move a recommendation of approval. to the City Commission for aCity-initiated amendment to the Land Development Regulations (LDR), amending LDR Section 1.4.1, Article 2.2, Sections 2:2.1, 2.2.4,2.2.5,2.4.3,7.1.3,7.8.9,7.8.12,7.8.14,7.8.15,7.8.16,7.8.17,7.8.18,7.8.19,7.8.20,..7.8.21. and 7.8.22 to substitute `Board of adjustment" for "Board of Construction Appeals" by adopting:;~he findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). Attachment: ^ Proposed Ordinance 2