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01-06-04 Agenda Reg
City of Delray Beach Regular Commission Meeting Tuesday, January. 6. 2004 Regular Meeting 6:00 p.m. Public Hearings ?:00 p.m. Commiasion Chambers Delray Beach City Hall 100 NW lat Avenue Delray Beach, Florida 33~'l. Phone: (561) 243-7000 Fax: (561) 243-3774 RUL~.~ POR PUBLIC PARTICIPATION 1. PUBLIC COMMBNT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be Hmited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. 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. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any offficial agenda item under these sections. 2. 81GN IN SHI~ET: 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. ADDl~,881NG THE COMMIBBION: 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. APPI~-LLATI~ 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. The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Randolph at 243- 7127 (voice) or 243-7199 ('IT)D), 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meefines in the comrmSsion Chambers. 2. 3. 4. 5. ROLL CALL, INVOCATION. PLEDGE OF Al.l .EGIANCE TO THE FLAG. AGENDA APPROVAL. APPROVAL OF MINUTES: December 2, 2003 - Regmlur Meeting December 9, 2003 - Regnl~r Meeting PROCLAMATIONS: · Martin Luther King, Jr. Day -January 19, 2004 PRESENTATIONS: A. 2003 City Golf Championship Awards - Sandra Eriksson, Director of Golf CONSENT AGENDA: City Manager Recommends Approval. FINAL SUBDIVISION PLAT APPROVAL/PORTA AL MARE; Approve the subdivision plat for Porta al Mare, located on the west side of the 100 Block of N.E. 6e' FINAL BOUNDARY PLAT APPROVAL/MERIDIAN REPLAT; Approve the boundary plat for The Meridian Replat located on the east side of the 300 Block of S.E. 6m Avenue. ACCEPTANCE OF EASEMENT DEED AND AGREEMENT FOR SIDEWALK IMPROVEMENTS/JOHN REMUS SERVICES: Approve and accept a five (5) foot easement deed and approve a 151.67 foot sidewalk deferral agreement between the City and John Remus Services for S.E. 2"d Avenue (southwest comer of S.E. 2"d Street and S.E. 2"d Avenue). RESOLUTION NO. 3-04/ABANDONMENT OF DRAINAGE EASEMENT: Approve the abandonment of a 12 foot wade drainage easement within the plat of Linton Center (known as Lakeview Apartments), located on the east side of S.W. 10e' Avenue, south of Linton Boulevard. RESOLUTION NO. 4-04: Approve Resolution No. 4-04 assessing costs for abatement action required to remove nuisances on nine (9) properties throughout the City. RESOLUTION NO. 1-04: Approve Resolution No. 1-04 urging members of the Florida Legislature to support municipal issues during the 2004 Legislative Session. 01-06-2004 RESOLUTION NO. 2-04/ICMA 457 DEFERRED COMPENSATION PLAN: Approve Resolution No. 2-04 adopting the amended and restated Plan and Trust document for the ICMA Ret~ement Corporation Section 457 Deferred Compensation Plan effective January 1, 2004, which reflects changes in the law as a result of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA). SERVICE AUTHORIZATION NO. 9.1/CH2M HILL. INC.: Approve Service Authorization No. 9.1 to CH2M HILL, Inc. in the amount of $19,500.00 for additional professional engineering senfices related to the water use permit application and ground water modeling project. Funding is available from 442-5178-536-31.30 (Engineering/Architectural). CHANGE ORDER NO. 1/FINAL PAYMENT/R.PM GENERAL CONTRACTORS. INC.: Approve Change Order No. 1 in the amount of $2,592.95, and final payment in the amount of $10,937.51 to RPM General Contractors, Inc. for completion of the Community Teen Center Skate Park Project. Funding is avaihble from 117-6111-572-63.40 (Recreation Impact Fees/Recreational Improvements). CONTRACT ADDITION/TLC DIVERSIFIED. INC.: Approve a Contract Addition (C.O. No. 1) in the amount of $148,400.00 to the Rehabilitation of Lift Stations 19, 57, and 80 Project to include rehal~ditation of Lift Stations 27 and 33. Funding is available from 442-5178-536-61.83 (Lift Station Conversion to Submersible). CONTRACT CLOSEOUT/PALM BEACH COUNTY JOINT PARTICIPATION AGREEMENT (LAKE IDA ROAD WIDENING); Approve the joint participation agreement closeout with Palm Beach County, the total value of work completed is $865,900.00 from the original agreement of $948,431.50, for utility upgrades and relocation associated with the Lake Ida Road Widening project. A balance of $82,531.50 will be liquidated from P.O. #596438 and residual funds reverting to 441-5161-536-63.78 (Chatelane Lift Station), 441-5181-536-69.21 (Barwick/Lake Ida Road Force Main), and 442-5178-536-65.18 (Lake Ida Road Utility Relocations). CANCEIJ.&TION OF CONTRACT (COLE INDUSTRIAL & TECHNICAL SUPPLY. INC.)/AWARD OF CONTRACT (FERGUSON UNDERGROUND /HUGHES SUPPLY. INC.): Approve cancellation of the contract with Cole Industrial & Technical Supply, Inc. for two (2) pipe fitting and accessory items due to withdrawal of bid; and award of contracts to Ferguson Underground and Hughes Supply, Inc., second lowest bidders, for the items. Funding is available from various depai~i.ental operating budgets. GRANT CONSULTING AGREEMENT/LANGTON ASSOCIATES: Approve a smartGRANTS Consulting Contract between the City of Delray Beach and Langton Associates for grant writing services for a term of one (1) year. 01-06-2004 SPECIAL EVENT REOUEST/CINCO DE MAYO FIESTA; Approve a special event request to allow the Chaco De Mayo Fiesta to be held Saturday, May 1, 2004, from 11:00 a.m. until 10:00 p.m. at Old School Square, granting a temporary use permit per LDR Section 2.4.6(8) for the closure of NE 1't Avenue on the north side of the grounds of Old School Square to the loading gate area, and staff support for traffic control and security, trash removal, barricade set up, signage and waiver of LDR Section 4.6.7 (D)(3)0)(ii) to allow the installation of event (xgnage on April 21, 2004; contLngent upon sponsor providing a hold harmless agreement, a certificate of liability insurance, and liquor liability insurance with conditions for serving alcoholic beverages and site fenc'mg. SPECIAL EVENT REOUEST/EAST END VOI.I.~.YBALL TOURNAMENT: Approve a request from East End Volleyball for the East End Volleyball Tournament to be held at the municipal beach on March 6 and 7, 2004. ACCEPTANCE OF COUNTY PARCELS: Consider approval and acceptance of seven (7) vacant surplus parcels of land from Palm Beach County at no charge to the City acquired by Palm Beach County through tax deed. REVIEW OF APP~LE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 8, 2003 through January 2, 2004. AWARD OF BIDS AND CONTRAGT$: Contract award to Beck's Towing & Recovery with annual franchise fees to be paid to the City ha the amount of $141,250.00 for wrecker/towhag services for the Police Depxttt~sent. Purchase award to the Dell Computer Corporation ha the amount of $16,938.96 via the State of Florida Contract #250-000-03-1 for the purchase of twelve (12) Dell OptiPlex desktop replacement terminals for the Environmental Services Department. Funding is available from 442-5178-536-64.11 (Computer Equipment). Purchase award to Bermington Carpet & Tile ha the amount of $25,420.00 for replacement carpeting for the Delray Beach Municipal Golf Course Clubhouse. Funding is available from 445-4761-572-46.90 (Delray Beach Municipal Golf Course Fund/Other Repair/Maintenance Costs) and 445-4715-572-46.10 (Delray Beach Municipal Golf Course Fund/Building Maintenance). Contract award to Hydro Pumps, Inc. ha the amount of $17,806.25 for miscellaneous repairs on four (4) production well pumps and motors. Funding is available from 442-5178-536-46.90 (Other Repair and Maintenance). Contract award to Chaz Equipment ha the amount of $25,254.00 via Annual Contract No. 2002-37 for cementitious lining of wet wells for Lift Stations 27 and 33. Funding is available from 442-5178-536-61.83 (Lift Station Conversion to Submersible). Purchase award in the amount of $20,639.00 via the Florida Sheriff's Association Contract #03-11-0825, Specification #3 for the purchase of a 2004 Ford Crown Victoria police vehicle. Funding is available from 501-3312-591- 64.20 (Vehicle Replacement Fund). REGULAR AGENDA: AMENDMENT NO, 1/MATCH POINT. INC.: Consider approval of Amendment No. 1 to the amended and restated agreement between the City and Match Po'mt, Inc. ADULT ARCADES; Consider in/flaring a moratorium process regarding "Adult Arcades". CONDITIONAL USE REOUEST/SPINNERS ARCADE: Consider a request for conditional use approval to allow the establishment of a coin operated amusement game facility to be known as Spinners Arcade to occupy three (3) bays within the BocaRay Plaza, (4900 Lmton Boulevard, Suite #33) located at the southeast comer of Linton Boulevard and Military Trail. (Quasi-Judicial Hearing) CONDITIONAL USE REQUEST/MONUMENT AND ORNAMENTAL STONE CUTTING FACILITY: Consider a request for conditional use approval to allow the establishment of a monument and ornamental stone cutting facility, located on the west side of Congress Avenue (within the Congress Auto Center) approximately 2,300 feet north of West Atlantic Avenue. (Qnasi-Jndicial Heatit~g) REQUEST TO REDUCE LIEN$/DURANTE REALTY: Consider a request from Durante Realty (on behalf of new buyer) to waive the interest and administrative fees totaling $6,236.21 assessed for abating nuisances on property located at 315 S.W. 3~ Street. Durante Realty is prepared to pay the City's out-of-pocket expenses in the amount of $8,643.12. Staff recommends approval. PROPOSAL FOR SETTLEMENT IN CLARA OUTRAM v. CITY OF DELRAY BEACH: Consider a Proposal for Settlement in the amount of $37,499.99 in Clara Outram v. City of Delray Beach. Staff recommendation is denial. PROPOSAL FOR SETTLEMENT/ENVIRONMENTAL PROTECTION AGENCY (EPA): Consider a Proposal for Settlement in the amount of $3,370.40 ($2,527.80 to be paid to the EPA and $842.60 to be paid to the City of Fort Lauderdale) to be released from the lawsuit as a Potentially Responsible Party (PRP). Staff recommendation is acceptance. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint three (3) regular members and one (1) alternate member to the Code Enforcement Board for a three (3) year term ending January 14, 2007. Based upon the rotation system, the appo'mtments vddl be made by Commissioner Costin (Seat #1), Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), and Commissioner McCarthy (Seat #4). O1-06-2004 10. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) member to the Neighborhood Advisory Council for Zone One for an unexpired term ending October 31, 2005. Based upon the rotation system, the appointment w'dl be made by Commissioner Levinson (Seat #3). APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1) regular member to the Board of Adjustment for an unexpired term ending August 31, 2004. Based upon the rotation system, the app&mtment will be made by Commissioner McCarthy (Seat #4). APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint four (4) members to the Parking Management Advisory Board for various representations for a term ending January 31, 2006 and one (1) Citizen-at-Large for an unexpired term ending January 31, 2005. Based upon the rotation system, the appointments will be made by Commissioner McCarthy (Seat #4), Mayor Perlman (Seat #5), Commissioner Costm (Seat #1), Commissioner Archer (Seat #2), and Commissioner Levinson (Seat #3). PUBLIC HEARINGS: ORDINANCE NO. 47-03: An ordinance rezoning from R-l-AA (Single Family Residential) to RM-8 (Multiple Family Residential-Medium Density-8 dwelling units per acre) for a 1.36 acre parcel of land known as Simmons Cay located on the west side of State Road A-DA (Ocean Boulevard) approximately 140 feet south of Vista Del Mar Drive. (Quasi-Judicial Hearing) ORDINANCE NO. 20-03 (ADOPTION HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2005-02): Consider on second reading an ordinance adopting Comprehensive Plan Amendment 2003-02 and associated Future Land Use Map (FLUM) amendments, Amendment 2003-02 includes: 1. Redevelopment Plan for the Wallace Drive Industrial Area. 2. Amendments to the Text of the Comprehensive Plan include: a) Modification of Future Land Use Element Policy C-2.3 to reflect adoption of a Redevelopment Plan for Redevelopment Area #2 (Wallace Drive Industrial Area). b) Creation of Future Land Use Element Policy C-1.7 to reflect completion of a Neighborhood Redevelopment Plan for the Southwest Area. 3. Amendments to the Future Land Use Map include: a) Future Land Use Map Amendment from TRN (Transitional) in part and OS-C (Open Space-Conservation) in part to MD (Medium Density Residential 5-12 du/ac) for a 0.509 acre portion of the Delmy Harbor Club Condominium Development, located on the east side of U.S. Highway 1, approximately 650' south of S.E. 10~ Street. 01-06-2004 City initiated Future Land Use Map Amendment for approximately 45.5 acres from RDA-2 (Redevelopment Area #2) to CMR (Commerce) in part, IND (Industrial) in part and CF-C (Community Facilities- Churches) in part for the Wallace Drive Redevelopment Area. City initiated Future Land Use Map Amendment from MD (Medium Density Residential 5-12 du/ac) to GC (General Commercial) for the following areas pursuant to the adopted Southwest Area Neighborhood Redevelopment Plan: i. South of West Atlantic Avenue and north of S.W. 1st Street, between S.W. 8t~ Avenue and S.W. 12e~ Avenue ii. East and west sides of S.W. 5e~ Avenue, south of S.W. 1" Street iii. Northwest comer of S.W. 1st Street and S.W. 4~' Avenue ORDINANCE NO. 48-03: An ordinance rezoning from POD (Professional Office District) in part and CD (Conservation District) in part to RM (Medium Density Residential) for a 0.509 acre portion of the Delray Harbor Club Condominium Development located on the east side of U.S. Highway No. 1, approximately 650 feet south of S.E. 10t~ Street. (Quasi-JudicialHead~g) ORDINANCE NO. 49-03: An ordinance rezoning from R-1-A (Single Family Residential) to LI (Light Industrial) for parcels of land located on the east side of Wallace Drive, south of S.W. lffh Street; and, rezonmg from I (Industrial) to MIC (Mixed Industrial and Commercial) for two parcels of land located 100 feet east of Tangelo Terrace, between Pcfmsettia Drive and Georgia Street in conjunction with the Wallace Drive Redevelopment Plan. (QnaM-Jndicial Hearing) ORDINANCE NO. 50'03; An ordinance rezoning from RM (Medium Density Residential) to GC (General Commercial) for the folloxx;mg areas pursuant to the adopted Southwest Area Neighborhood Redevelopment Plan: 1. South of West Atlantic Avenue, north of S.W. 1s~ Street, between S.W. 8t~ Avenue and S.W. 12e~ Avenue. 2. East and west sides ofS.W. 5~' Avenue, south of S.W. 1*t Street. 3. Northwest comer ofS.W. 1st Street and S.W. 4e~ Avenue. ( Quasi-Judicial Heating) ORDINANCE NO. 1-04 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending Land Development Regulations Section 4.4.26 LI (Light Industrial) District and Article 4.5 "Overlay and Envitoumental Management Districts" relating to the Wallace Drive Area Redevelopment Plan. If passed, a second public hearing will be scheduled for February 3, 2004. 01-06-2004 11. 12. ORDINANCE NO. 3-04 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending the Land Development Regulations Appendix A "Definitions" to amend the definition of adult entertainment establishment to provide for the inclusion of Adult Novelty Stores and to provide a definition of Adult Novelty Stores. If passed, a second public hearing will be scheduled for February 3, 2004. RESOLUTION NO. 79-03: Consider approval of Resolution No. 79-03 authorizing the City to sell property known as the current library site, Contract for Sale and Purchase between the City and the Delray Beach Community Redevelopment Agency (CRA), and Acceptance of the Tripartite and Interlocal Agreement and Amendment No. 1 and Amendment No. 2. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FO! .I.OWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. FIRST READINGS: ORDINANCE NO. 2-04; Privately initiated Future Land Use Map (FLUM) Amendment from CMR (Commerce) in part and GC (General Commercial) in part, to CMR (Commerce) and rezoning from MIC (Mixed Industrial and Commercial) in part and GC (General Commercial) in part, to MIC (Mixed Industrial and Commercial) for a 1.80 acre parcel of land known as Delray Depot (formerly the Train Station Depot site), located at the northwest comer of West Atlantic Avenue and 1-95. If passed, a quasi- judicial public hearing will be scheduled for February 3, 2004. ORDINANCE NO. 5-04: An ordinance rezoning from A (Agricultural) to RM-8 (Medium Density Residential-8 dwelling units per acre) for a 1.69 acre parcel of land for Highland Grove Estates located on the north side of Old Germantown Road approximately 1,115 feet west of Homewood Boulevard. If passed, a quasi-judicial public hearing will be scheduled for February 3, 2004. ORDINANCE NO, 7'04: An ordinance rezoning from POC (Planned Office Center) to RM-11 (Multiple Family Residential-Medium Density-I 1 dwelling units per acre) for a 5.04 acre parcel of land to be known as Atlantic Palms located on the south side of West Atlantic Avenue, approximately 140 feet east of Whatley Road. If passed, a quasi- judicial public hearing will be scheduled for February 3, 2004. ORDINANCE NO. 6-04: An ordinance mending Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the Code of Ordinances to adjust the fee schedule for emergency medical transportation in accordance with the National American Fee Schedule. If passed, a public hearing will be scheduled for February 3, 2004. O1-06-2004 ORDINANCE NO. 4-04: An ordinance amending the Land Development Regulations Appendix A "Definitions" repealing the definitions for Residential and Non-Residential Alcohol and Drug Abuse Treatment Facility and enacting new definitions for Residential and Non-Residential Licensed Service Provider and amending Sections 4.3.3(D), 4.4.6, 4.4.9, 4.4.13, 4.4.16, 4.4.17, 4.4.21, 4.4.24, and 4.6.9 to reflect the change in terminology. If passed, a public hearing will be scheduled for February 3, 2004. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission PO8TED: JANUARY 2, 2004 O1-06-2004 DECEMBER 2~ 2003 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, December 2, 2003. 1. Roll call showed: Present- Commissioner Patricia Archer Commissioner Bob Costin Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - None Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Terrill Pyburn, Assistant City Attorney Barbara Garito, City Clerk Church. The opening prayer was delivered by Dr. Russell Comett with First Baptist The Pledge of Allegiance to the flag of the United States of America was given. AGENDA APPROVAL: Mayor Perlman noted there is a modified contract for Item 10.C., Contract for Sale and Purchase of Propertw/Montere¥ House. The City Attorney requested that Item 9.D., Amendment No. I/Sale and Purchase Contract be pulled from the Regular Agenda and moved to December 9, 2003. The City Manager requested that Item 8.G., Hammock Reserve Homeowners'AssociationTraffic Enforcement Agreement be removed from the Consent Agenda. Mr. Costin moved to approve the Agenda as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. -1- 12/02/03 5_. APPROVAL OF MINUTES: Mr. Levinson moved to approve the Minutes of the Regular Meeting of November 18, 2003, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. PROCLAMATIONS: 6oAo Calling for a Special Election to be held on January 20~ 2004 Mayor Perlman read a proclamation hereby calling for a Special Election to be held on Tuesday, January 20, 2004, between the hours of 7:00 a.m. and 7:00 p.m. with all the precincts and polling places in the City of Delray Beach as designated by the Supervisor of Elections for Palm Beach County. Mrs. Archer moved to adopt the proclamation calling for a Special Election to be held on Tuesday, January 20, 2004, between the hours of 7:00 a.m. and 7:00 p.m., seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 6oB° National HIV/AIDS Awareness Week - December 1-7~ 2003 Mayor Perlman read and presented a proclamation hereby proclaiming the week of December 1-7, 2003 as HIV/AIDS Awareness Week. Renaut Pierre-Louis came forward to accept the proclamation. PRESENTATIONS: 7oAo Government Finance Officers Association - Certificate of Achievement for Excellence in Financial Reportin~ Mayor Perlman presented a plaque to Joe Safford, Director of Finance, for receiving the Government Finance Officers Association - Certificate of Achievement for Excellence in Financial Reporting Award for the 20th consecutive year. Joe Safford, Director of Finance, accepted the award on behalf of the Finance Department staff and gave special recognition to the following individuals who help compile the financial report: Milena Walinski, Assistant Finance Director Becky O'Connor, Treasurer Mary Ann Young, Accountant II Lisa Herrmann, Budget Analyst Maureen Owens, Accountant II Dolores Egan, Accounting Assistant -2- 12/02/03 CONSENT AGENDA: City Manager Recommends Approval. APPROVAL OF POLL WORKERS FOR THE SPECIAL ELECTION: Approval of the poll workers for the Special Election to be held on January 20, 2004. 8.B. AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO HANDLE/ CANVASS ABSENTEE AND PROVISIONAL BALLOTS AND REPRESENT THE CITY AT LOGIC AND ACCURACY TESTS FOR THE SPECIAL ELECTION: Authorize the Palm Beach County Supervisor of Elections to handle and canvass the City's absentee and provisional ballots for the January 20, 2004 Special Election, and represent the City at the requisite Logic and Accuracy tests. 8.C. ACCESS EASEMENT AGREEMENT/JOHN D. ROOF: Approve an access easement agreement that allows the public to use a driveway adjacent to Mr. John D. Roof's property located on the west side of S.W. l0th Avenue between S.W. l0th Street and Wallace Drive to access a convenience store. 8.D. CHANGE ORDER NO. I/FINAL PAYMENT/CHAZ EQUIPMENT COMPANY~ INC.: Approve Change Order No. 1 in the amount of $5,989.40, and final payment in the amount of $19,385.10 to Chaz Equipment Company, Inc. for the Rye Lane, Enfield Road, and Lake Terrace Water Main and Raw Water Supply Common Header Pipe Project. Funding is available from 442-5178-536-65.82 (Water/Sewer Renewal and Replacement Fund/Raw Water Manifold). 8.E. CHANGE ORDER NO. 1/FINAL PAYMENT/CHAZ EQUIPMENT COMPANY~ INC.: Approve Change Order No. 1 in the amount of $2,463.25, and final payment in the amount of $10,551.50 to Chaz Equipment Company, Inc. for S.W. 7th Street Roadway and Sewer Improvements Project. Funding is available from 441-5161-536-63.90 (Water/Sewer Fund/Other Improvements). 8.F. CHANGE ORDER NO. 2/FINAL PAYMENT/MANCON, INC.: Approve Change Order No. 2 in the amount of $7,621.00, and final payment in the amount of $150,705.73 to Mancon, Inc. for the Lift Station No. 6 Force Main System Improvements Project. Funding is available from 442-5178-536-63.50 (Water/Sewer Renewal and Replacement Fund/Water Mains). 8oG. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 8.H. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve and endorse the Art & Jazz on the Avenue scheduled for January 29, 2004 from 6:00 p.m. to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(}t) for the closure of Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic Avenue to N.E. 1st Street, N.E. 2nd Avenue from Atlantic Avenue to N.E. 2nd Street, and authorize staff support for security and traffic control, banner hanging and removal, barricade set-up/removal, trash removal and clean up, and use/set-up of City stages. -3- 12/02/03 8.I~ REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period November 17, 2003 through November 26, 2003. 8.Jo AWARD OF BIDS AND CONTRACTS: 1. Contract award to DiLoreto & Sons Vending, Inc. for snack vending machine service at various locations within the City. Ms. McCarthy moved to approve the Consent Agenda as amended, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA: 9.A. REQUEST FOR IN-LIEU PARKING SPACES/PINEAPPLE GROVE BUILDING: Consider a request by Pineapple Grove Building for the purchase of four (4) in- lieu parking spaces in the amount of $24,000.00 and the construction of ten (10) on-street parking spaces in the adjacent rights-of-way. Pineapple Grove Building is located on the west side of N.E. 2"d Avenue (Pineapple Grove Way) north of N.E. 2nd Street. (Quasi-Judicial Hearing) Mayor Perlman read into the record the City of Delray Beach procedures for conducting a Quasi-Judicial Heating for this item. The City Clerk swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. Mr. Levinson stated he spoke with Scott Porten, Morgan Russell, Michael Weiner, and Scott Aronson. Ms. McCarthy stated she spoke with Michael Weiner. Mr. Costin stated he spoke with Michael Weiner. Mayor Perlman stated he spoke with Scott Porten, Michael Weiner, Morgan Russell, and Gary Eliopoulos. Mrs. Archer stated she spoke with Michael Weiner in addition to all the others she spoke to before. Jeff Costello, Assistant Planning Director, entered the Planning and Zoning project file #2003-342 into the record. Jeff Costello, Assistant Planning Director, stated this project involves property on the west side of Pineapple Grove Way between N.E. 2nd Street and N.E. 3~d Street. The proposal involves a mixed use development containing 40 residential units, approximately 14,000 square feet of retail space and two (2) restaurants totaling approximately 2,300 square feet. Pursuant to LDR Section 4.6.9(C)(8)(a) Shared Parking the development requires 151 parking spaces. The proposed site plan provides 147 on-site parking spaces. Therefore, pursuant to LDR Section 4.6.9(E)(3)(b)(3) the applicant is requesting the purchase of four (4) in- ~4- 12/02/03 lieu parking spaces at a cost of $6,000 each, totaling $24,000. Pursuant to LDR Section 4.6.9(E)(3)(e) the applicant proposes to construct ten (10) on-street parking spaces in the adjacent rights-of-way resulting in a total of seven (7) new public parking spaces. The construction of seven (7) new on-street parking spaces will benefit the surrounding area and will be available for use by the general public. Staff recommends approval. Mr. Costello stated the project has been modified since its initial submission. It is noted that City staff and the CRA felt it very important to provide some restaurant space along this corridor and therefore the applicant accommodated the two (2) small scale restaurants. Michael Weiner, representing the applicant, entered into the record the power point presentation slides and stated he agrees with the Planning and Zoning staff report. Mr. Weiner stated the applicant is requesting four (4) in-lieu parking spaces. Mayor Perlman stated if anyone from the public would like to address the Commission regarding the request for in-lieu parking spaces to come forward at this time. No one fi'om the public came forward to address the Commission. Mr. Levinson moved to approve the request fi'om Pineapple Grove Building for the purchase of four (4) in-lieu parking spaces and the construction of ten (10) on-street parking spaces in the adjacent rights-of-way, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.B. REQUEST TO REDUCE LIENS/THOMAS: Consider a request from Mr. James Thomas to waive the interest and administrative fees totaling $1,338.29 assessed for abating nuisances on property located at 40 S.W. 6th Avenue. Mr. Thomas is prepared to pay the City's out-of-pocket expenses in the amount of $3,030.86. Staff recommends approval. Lula Butler, Director of Community Improvement, stated this is a request from Mr. James Thomas, a private investor to release a portion of the liens assessed from demolishing an unsafe structure to the property addressed at 40 S.W. 6th Avenue. Mr. Thomas acquired this lot through a tax certificate at a cost of $9,200. The total amount of the lien is $4,369.15 and the amount Mr. Thomas is eligible for reduction is $1,338.29. Mrs. Butler stated staff recommends approval of the request because his intent for the use of the property is consistent with the City's lien policy. In addition, Mrs. Butler stated staff recommends that the City's out-of-pocket costs be paid within thirty (30) days and staff will release the reduction upon the building permit being submitted. Mr. Costin moved to approve the request to reduce the amount of outstanding liens assessed to property located at 40 S.W. 6th Avenue to be paid within thirty (30) days of City Commission approval, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. -5- 12/02/03 9.C. MACARTHUR FOUNDATION/GRANT AGREEMENT: Consider approval of an agreement between the City of Delray Beach and the MacArthur Foundation for a two (2) year grant in the amount of $150,000 in support of thc Southwest Area Neighborhood Redevelopment Plan. At this point, Mrs. Archer left the dais. Lula Butler, Director of Community Improvement, stated staff recommends approval of the agreement between the City and MacArthur Foundation for a two year grant in the amount of $150,000. Mrs. Butler stated the grant will be paid to the City in the amount of $75,000 per year and the grant period is from December 1, 2003 through November 30, 2005. Mrs. Butler stated staff will come back to the Commission with the implementation task and proposed budget amendments based upon what staff feels will be the best use of the dollars. Prior to the vote, Mayor Perlman thanked Mrs. Butler for her help with this grant agreement. Mr. Levinson asked when staff anticipates this will come back to Commission with a proposed budget. In response, Mrs. Butler stated staff will come back to Commission with a proposed budget sometime in January. Ms. McCarthy moved to approve the agreement between the City of Delray Beach and the MacArthur Foundation for a two (2) year grant in the amount of $150,000, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 4 to 0 vote. 9.D. AMENDMENT NO. 1/SALE AND PURCHASE CONTRACT: Consider approval of Amendment No. 1 to the Sale and Purchase Contract between the City and D.R. Horton, Inc. providing for Construction Management Services for the public park at no cost to the City and for early payment of park impact fees by D.R. Horton. This item has been pulled from the agenda and moved to December 9, 2003. 9.E. PARKING LICENSE AGREEMENTS: Consider approval of recommended modifications to Section 4 "Payment for Parking Queue Spaces", Section 9 "Compliance with Laws", and Section 14 "Penalties for Violations/Termination" of the parking license agreements. At this point, Mrs. Archer returned to the dais. Scott Aronson, Parking Management Specialist, stated at its meeting of October 22, 2002 the Parking Management Advisory Board recommended a common expiration date for all Valet Parking License Agreements which are now scheduled to expire on December 31, 2003. Prior to their renewal, staff recommended some modifications to those agreements which are outlined in the staff report. Mr. Aronson stated additional revised recommendations are also being provided to the Commission this evening. He stated the Parking Management Advisory Board recommends an increase in fees from $50.00 to $75.00 per parking queue space per month 12/02/03 and revisions to Section 9 & Section 14 of the agreement. Subsequently, there has been some dialogue between the City and restaurateurs concerning revisions to Section 9 and Section 14 of the agreement regarding some of the changes pertaining to the accountability for the traffic laws, etc. Mr. Aronson stated staffwould like to extend the contract for sixty (60) days and come back with new recommendations. Mr. Costin suggested a lesser fee increase. Mrs. Archer suggested that the rate be increased $10.00 this year and $10.00 next year so that there would be less of an impact particularly for the restaurants and tourists. Mrs. Archer stated she would be in favor of a tiered increase over a two year period. Mr. Levinson moved to approve to continue the current agreement extending it for sixty (60) days and send it back to the Parking Management Board for a comprehensive review, seconded by Mr. Costin. Prior to the vote, Ms. McCarthy commented about the history of the parking queues and stated she concurs with comments expressed by the Commission and strongly supports the motion without changing any fees until they make the determination as to what the increase will actually be. Ms. McCarthy stated she feels this is a service to people who come to Delray and spend their money at businesses. Mayor Perlman stated he received an email from one of the license holders today who suggested if fees were to be increased that it be passed along to the consumer. Scott Aronson, Parking Management Specialist stated there is no mechanism in place that prevents the valet queues from charging whatever rates they charge. Mayor Perlman suggested having an annual review of the parking license agreements. Ms. McCarthy stated she would like this to go back to the Parking Management Board and asked if it is possible that if someone valets parks with a restaurant that they may not be using that particular restaurant or business but using the service in order to use businesses along the Avenue? Mr. Aronson stated the entire valet queues are open to the general public and cannot use the valet queues exclusively for the license holder. Mr. Levinson restated his motion as follows: Mr. Levinson moved to approve to not make any changes to the current agreement however extend it for sixty (60) days and ask the Parking Management Advisory Board to review the rate as well as Section 9 & Section 14 and report back to the City Commission with a recommendation, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.F. BOCA RATON AIRPORT AUTItORITY: Provide direction regarding the Boca Raton Airport Authority's revision of the By-Laws of its Aviation Advisory Committee (AAC) and Noise Compatibility Committee (NCC). -7- 12/02/03 Mayor Perlman stated Mr. Ken Day, Airport Manager and Mr. Bill Schwartz, Chairman, AAC are recommending that the Aviation Advisory Committee (AAC) & the Noise Compatibility Committee (NCC) be combined to form a single advisory committee with nine members. The proposed composition of the new committee is five members, the same as the current AAC, with an additional four members, each representing the businesses and residential interests of quadrants around the airport. Mayor Perlman stated the Boca Raton Airport Authority is looking for a recommendation(s) from the City of Delray Beach by December 5, 2003. Mrs. Archer moved to follow the Boca Raton Airport Authority's recommendation to have the AAC & NCC committees combined to form a single advisory committee with nine members as indicated in their letter, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9,Go PROPOSAL FOR SETTLEMENT IN SYMBION CORPORATION v. CITY OF DELRAY BEACH: Consider a Proposal for Settlement in the amount of $20,000.00 in Symbion Corporation v. City of Delray Beach. Staff recommends acceptance. The City Attorney stated staff recommends acceptance of the proposal for settlement in the amount of $20,000 plus project work. Mr. Costin moved to approve the proposal for settlement in the amount of $20,000 in Symbion Corporation v. City of Delray Beach, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.H. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint one (1) regular member to the Nuisance Abatement Board for an unexpired term ending March 31, 2005. Based upon the rotation system, the appointment will be made by Commissioner Levinson (Seat #3). Mr. Levinson moved to appoint John Hart as a regular member to the Nuisance Abatement Board for an unexpired term ending March 31, 2005, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. Mayor Perlman stated he invited Lieutenant Mike Wise from the Fire-Rescue Department to attend the meeting this evening to say a few words about retired Captain Ray Gemer. Lieutenant Mike Wise~ 10290 Brookville Lane~ Boca Raton, representing the Delray Beach Fire-Rescue Department and the Professional Firefighters and Paramedics of Delray Beach, announced on November 26, 2003 retired Delray Beach Fire Captain Ray Gemer passed away at Bethesda Hospital. Captain Gemer was a fifteen year veteran with the Delray Beach Fire-Rescue Department and approximately a fifty year resident of Delray Beach. Mr. 12/02/03 Gerner was active in the community and lobbied and campaigned for firefighter benefits through the State legislature and was successful in getting certain bills passed. Lieutenant Wise stated the funeral service was held this morning at the First Baptist Church in Delray Beach and the church was filled with community members who recognized the sacrifice, dedication, and commitment that Ray Gemer demonstrated his entire life. At this point, the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 47-03: An ordinance rezoning from R-I-AA (Single Family Residential) to RM-8 (Multiple Family Residential-Medium Density-8 dwelling units p~ acre) for a 1.36 acre parcel of land known as Simmons Cay located on the west side of State Road A- 1-A (Ocean Boulevard) approximately 140 feet south of Vista Del Mar Drive. If passed, a quasi- judicial public hearing will be scheduled for January 6, 2004. The caption of Ordinance No. 47-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-l-AA (SINGLE FAMILY RESIDENTIAL) DISTRICT TO RM-8 (MEDIUM DENSITY RESIDENTIAL-8 DWELLING UNITS PER ACRE) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE WEST SIDE OF STATE ROAD A-1-A (OCEAN BOULEVARD), APPROXIMATELY 140 FEET SOUTH OF VISTA DEL MAR DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2003"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 47-03 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Jeff Costello, Assistant Planning Director, stated the proposal involves property on the west side of Ocean Boulevard North of Atlantic Avenue. At its meeting of November 17, 2003, the Planning and Zoning Board held a public heating in conjunction with the request. There was public testimony both in support of and in opposition of the request. Most of the support from the Beach Property Owners' related to the density and they felt it was appropriate. The Vista Del Mar residents felt that 5-6 units per acre would be reasonable. After reviewing the staff report and discussing the proposal, the Board voted 6-0 (Kenneth Peltzie absent) to recommend approval of the rezoning request fi.om R-l-AA to RM-8 based on positive findings with respect to Chapter 3, LDR Section 3.2.2 -9- 12/02/03 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan, based on a finding that the proposed density is appropriate based upon the Future Land Use Map designations of the surrounding properties as well as the prevailing development pattern of the surrounding area. Mr. Costin moved to approve Ordinance No. 47-03 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11.B. Comments and Inquiries on Non-Agenda Items from the Public. ll.B.1. Jayne King, 3400 Place Valenca¥~ Delray Beach, (President of Progressive Residents of Deira¥), announced that PROD will be celebrating its 20TM Anniversary in October. Mrs. King stated in the spirit of Spencer Pompey, PROD has been standing on the side of what is right for the residents of the city. Mrs. King stated PROD has advocated lower building heights, lower density, historic preservation, maintaining the Village-By-The-Sea atmosphere, more black representation, and the Delray Beach Cultural Loop which the Commission supports as well. On behalf of PROD, Mrs. King asked for an apology for insulting statements that were publicly made about a progressive organization of residents at the October 18, 2003 City Commission meeting, both in writing within 48 hours and at this City Commission meeting. Mayor Perlman stated the Cultural Loop was very enjoyable and he and Commissioner Costin had the opportunity to ride the trolley with Mrs. Pompey and commented he learned a tremendous amount of history. ll.B.2. Jean Beer, 2145 S.W. 26th Terrace~ Delra¥ Beach, stated she has spent over twenty years with everything from visioning to the Comprehensive Plan to the Boards trying to make this a better city. Mrs. Beer stated not any member of this Commission has been active in PROD nor has any member been active in the President's Council. Mrs. Beer stated another Commission started the neighborhood associations by hiring a neighborhood specialist and this idea came from members of the President's Council who were concerned about the quality of the neighborhoods. With regard to organizations, Mrs. Beer suggested the Commission educate themselves as to the organizations purpose, what these organizations have achieved, and why. ll.B.3. Jim Smith, 1225 S. Ocean Boulevard, Delra¥ Beach~ strongly supports building a parking facility at Old School Square and urged every Delray Beach resident to vote "Yes" on the upcoming Bond Issue. In addition, Mr. Smith encouraged the Commission to immediately install parking meters downtown west of the lntracoastal. Mr. Smith stated he feels this will bring in several thousands of dollars in revenue each year for the city and will level the playing field for businesses east of the Intracoastal to help alleviate the parking shortage until the new parking facility is able to open its doors. Mr. Smith suggested that the new parking facility not just be a standard parking garage but instead that it be designed as an inter-modal transportation facility and he volunteered to help the Commission achieve this objective. Mr. Smith stated he feels the City of Delray Beach is fortunate to have one of the world's foremost inter-modal -10- 1~02~3 experts working nearby at Florida Atlantic University (FAU) and asked for the opportunity to convince him and his students to design a world-class inter-modal facility here in Delray Beach. Mayor Perlman stated he spoke with Senator Ron Klein yesterday and talked about the possibility of using the FEC railway as a passenger transportation system. Mayor Perlman stated the cost would be $800,000,000 for the right to use the tracks. ll.B.4. Terrence Rothman (homeless), stated meetings between government and organizations should facilitate addressing issues of a delicate and complicated nature constructively and routinely. Mr. Rothman feels thc freedom of religion means more than just attending church, but rather it implies whether Police and local government can appoint themselves rulers over which religious beliefs are acceptable. Mr. Rothman stated this has been violated and he feels it is a serious infringement upon his liberty. Mr. Rothman stated the independence of church and the constitutional rights of citizens are being jeopardized by repeated Police action and requested the support of the City Commission in this matter. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Heatings portion of the agenda. 10~ PUBLIC HEARINGS: 10.A. ORDINANCE NO. 43-03 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Chapter 4, "Zoning Regulations", of the Land Development Regulations, Section 4.3.3(AA) "Adult Entertainment Establishments" to amend the distance limitation between any adult entertainment establishment and alcoholic beverage establishment. Prior to consideration of passage of this ordinance on Second and F1NAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 43-03 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 CHAPTER FOUR, "ZONING REGULATIONS"; SECTION 4.3.3(AA), "ADULT ENTERTAINMENT ESTABLISHMENTS", 1N ORDER TO AMEND THE DISTANCE LIMITATION BETWEEN ALCOHOLIC BEVERAGE ESTABLISHMENTS AND ADULT ENTERTAINMENT ESTABLISHMENTS IN ORDER TO PROVIDE FOR A DISTANCE OF TWO HUNDRED (200) FEET BETWEEN ANY ALCOHOLIC BEVERAGE ESTABLISHMENT AND ANY ADULT ENTERTAINMENT ESTABLISHMENT; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE (The official copy of Ordinance No. 43-03 is on file in the City Clerk's office.) -11- 12/02/03 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Jeff Costello, Assistant Planning Director, stated at its meeting of October 20, 2003, the Planning and Zoning Board recommended approval of an LDR amendment regarding distance limitations between alcoholic beverage establishments and adult entertainment. The amendment included changing the distance limitation between alcoholic beverage establishments and any adult entertainment establishment from 750 feet to 200 feet. Staffrecommends approval of the ordinance amending LDR Section 4.3.3(AA) (Adult Entertainment Establishments), based upon positive findings with LDR Section 2.4.5(M). Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 43-03, the public heating was closed. Mrs. Archer moved to adopt Ordinance No. 43-03 on Second Reading/Second Public Hearing, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 44-03 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Chapter 113, "Alcoholic Beverages", of the City Code of Ordinances, Section 113.20 "Prohibition of Nudity, Partial Nudity and Sexual Conduct at Alcoholic Beverage Establishments" to change distance limitations and include Stand Alone Bars. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 44-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AMENDING CHAPTER ll3, "ALCOHOLIC BEVERAGES", SECTION 113.20, "PROHiBITION OF NUDITY, PARTIAL NUDITY, SEXUAL CONDUCT AT ALCOHOLIC BEVERAGE ESTABLISHMENTS", SUBSECTION (A) "DEFINITIONS", IN ORDER TO PROVIDE FOR THE INCLUSION OF STAND ALONE BARS IN THE DEFINITION OF ALCOHOLIC BEVERAGE ESTABLISHMENT; AMENDING SUBSECTION (C) IN ORDER TO PROVIDE FOR A DISTANCE OF TWO HUNDRED (200) FEET BETWEEN ANY ALCOHOLIC BEVERAGE ESTABLISHMENT AND ANY ESTABLISHMENT PERMITTING NUDITY; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. -12- 12/02/03 (The official copy of Ordinance No. 44-03 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Ten-ill Pyburn, Assistant City Attorney, stated for clarification staff did include some additional case law and updated studies in both this ordinance and Ordinance No. 43-03. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 44-03, the public hearing was closed. Ms. McCarthy moved to adopt Ordinance No. 44-03 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 10.C. CONTRACT FOR SALE AND PURCHASE OF PROPERTY/MONTEREY HOUSE: Consider approval of contract to sell City owned property, the Monterey House and certain Block 60 parking condominium spaces and Contract for Sale and Purchase between the City and the Community Redevelopment Agency (CRA) in the amount of $700,000.00. Mayor Perlman declared a conflict of interest and passed the gavel to Vice Mayor Levinson. The City Attorney stated the CRA Board made some amendments to the original contract and those amendments are contained in the supplemental materials provided this evening to the Commission. The City Attorney stated the change was some additional responsibility on part of the City of Delray Beach to pay for damages that may occur because of termite damages up to 2% and other repairs up to 3%. In addition, the City Attorney stated there is also a request that the City of Delray Beach pay all or a part of $55,000 for the purpose of renovating the interior of the bungalow located on the Cason Cottage site. The City Attorney stated the terms of the contract are fairly standard. The City Attorney explained the Commission would have to decide to either accept the amended contract or the original contract or a combination thereof. Also, as a separate matter, the City Attorney stated the Commission would have to address the $55,000 request for participation. Diane Colonna, Executive Director of the CRA, stated with regard to the repair, the CRA Board expressed concern about the exterior of the building and there appears to be some damage or rotting. With regard to the interior renovations, the CRA Board felt this property is owned by the City of Delray Beach and the CRA recently awarded a $50,000 grant to improve the exterior of that building and now $55,000 is needed to improve the interior. Ms. Colonna stated the CRA Board thought with the proceeds from the sale the City of Delray Beach may want to participate in some of the costs. -13- 12/02/03 The City Manager stated he would be more comfortable with a provision that this be inspected and determine what repairs, if any, are necessary. The City Manager continued to state under the lease there are some funds which have been accumulated for maintenance of the property which may or may not be sufficient to take care of this. Furthermore, the City Manager stated he does feel better about taking care of any problems of that nature versus helping with the moving expense. The City Manager stated the timing of the move is primarily for the benefit of the CRA. Secondly, the City Manager stated although the City of Delray Beach will own the building adjacent to the Cason Cottage he does not foresee that the City will ever have the beneficial use of the building whereas the Monterey House will eventually resolve and it will come to the City. The City Manager recommends doing the repairs and not the moving costs. Vice Mayor Levinson stated with regard to Section N (Inspection, Repair and Maintenance) on the amendment to the agreement there is the provision for the inspection period and a traditional real estate setting a walk-through for the buyer. The current agreement as proposed by the CRA would allow them to extract themselves from the arrangement if they found the costs associated with the repairs and maintenance to be excessive. Vice Mayor Levinson stated it would also allow the CRA to come back to the City of Delray Beach and negotiate. The City Attorney stated this would also pertain to Section D (Termites) as well. Ms. McCarthy stated she is under the impression that the contract price is the appraised price as well and believes the Commission received more of a residential contract versus a commercial contract. Ms. McCarthy stated the 2-3% is normal for residential and is not necessarily normal for commercial transactions of this nature. Ms. McCarthy supports an "as is" contract with their ten (10) day right to inspection which was the first contract the Commission received and she would not be supportive of the 2-3% as in residential. Mrs. Archer concurred with comments expressed by Commissioner McCarthy. Vice Mayor Levinson declared the public hearing open. There being no one who wished to address the Commission regarding the contract for sale and purchase for the Monterey House, the public heating was closed. With regard to the $55,000 interior renovation costs, Mr. Costin asked Ms. Colonna if this will complete the renovations to the Bungalow. In response, Ms. Colonna stated this was reviewed by an architect and a contractor and this is the estimate they came up with. Vice Mayor Levinson asked Ms. Colonna if she is aware of what the Historical Society has committed to the project. Brief discussion between Ms. Colonna and the Commission followed. The City Manager stated the Historical Society anticipated raising this money over a period of a year or two but the CRA needs to move sooner than that. Ms. Colonna stated the Historical Society has put money into the structure because the original facade agreement -14- 12/02/03 only covered exterior and there were other expenses incurred. Ms. Colonna stated the Historical Society has exceeded those expenses and have put some of their own money into it. Ms. Colonna stated the CRA has already agreed to the additional $55,000. Vice Mayor Levinson asked the City Manager if there are any funds remaining in the grants category. In response, the City Manager stated there may potentially be some funds available. Mrs. Archer stated if there is money leftover in the grants fund that the City could contribute, she would be in favor of doing so. However, Mrs. Archer stated she does not wish to participate in this particular instance in much more than this. Ms. McCarthy stated if there is grant funding for community associations and for the citizens she would not support taking those grant funds and putting them into this rehabilitation. It was the consensus of the Commission to direct the CRA to obtain more information and return to the Commission with this information at a later date. Ms. McCarthy moved to approve the original agreement which includes the "as is" clause for the sale and purchase of the Monterey House in the amount of $700,000.00 with the right to inspection; and, direct the CRA to obtain more information and return to the Commission at a later date, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission continued Item ll.B. Comments and Inquiries on Non-Agenda Items from the Public. ll.B.5. Virginia Snyder~ 38 S. Swinton Avenue~ Delra¥ Beach~ made reference to a comment expressed by former Mayor Doak Campbell from 1988/89 about S. Swinton Avenue. Mrs. Snynder stated at that time she owned property on S. Swinton Avenue and it was the oldest north/south street in town and she had the belief that it would improve. Mrs. Snyder stated she lobbied for a park at the intersection of Swinton and S.W. l0th Street, and now there is a nice park. Mrs. Snyder stated she had complained some time ago about the grass being torn up by people parking in this area and noted the City Manager had "No Parking Signs" put up along the street which stopped people from parking on the grass temporarily. Mrs. Snyder stated the "No Parking Signs" are now being removed. Mrs. Snyder stated she has witnessed some City vehicles parking under the trees and requested something be done about this so that these vehicles do not park on the grass. Secondly, Mrs. Snyder commented about the boarded up house North Swinton Avenue (third house North of Doc's). Mrs. Snyder stated this house is an eyesore and has been boarded up for many years as like the two-story house at the south end of Swinton Avenue. Mrs. Snyder inquired as to how many years this can be allowed to go on and she feels this is detrimental to the value of the surrounding properties. -15- 12/02/03 ll.B.6. Owen Murphy, 1000 Ocean Terrace - Unit "C", Delray Beach, commented about thc fluoridation of Dclray Beach's water supply and hc feels it is not a good policy. Mr. Murphy stated there arc many toxic chemicals today that arc in foods, drinks, personal products, cleansing products, and pharmaceutical products. In thc past, Mr. Murphy stated thc rationale was that fluoride is a drug that will prevent cavities in children between thc ages of 6-12 and he feels this is the only good thing about fluoridation. Mr. Murphy stated there arc many chemicals that are toxic and hc feels there are too many risks involved by putting fluoride into the water and urged the Commission to stop putting fluoride into the water. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager. With regard to Mrs. Archer reporting about some parking meters not working properly, the City Manager stated the meters are showing their age. The City Manager stated the Public Works Parking Meter Technician collects revenue on Mondays and Fridays and checks the meters for proper operation during these collections. The meters reported by Mrs. Archer should now be working properly. The City Manager stated if anyone hears of a problem, it is helpful to staff to know the meter number and a person's name and telephone number. The City Manager stated staff is aware that the entire system needs to be replaced, and therefore has been looking at various systems available to replace them. Mrs. Archer asked how the City will handle citizens who have received parking tickets based on inappropriate operations of parking meters. In response, the City Manager stated staff will void the ticket. Mrs. Archer suggested that there be some way to inform thc public of this information. 13.B. City Attorney. The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission. 13.C.1. Commissioner Archer Mrs. Archer stated she has had some inquiries with regard to parade security for the upcoming holiday parade. Mrs. Archer stated there is little enfomement and everything slows down and the people move in from the side of the street (from beyond the barriers) and the floats slow down. Mrs. Archer expressed concern for the safety of the children who are walking with some of the vehicles and asked if there is anything staff can do particularly during the second half of the parade to make sure that the barriers are maintained in the last 2-3 blocks of the parade. Secondly, Mrs. Archer stated she missed the Cultural Loop because she was out o f town. -16- 12/02/03 With regard to the comments by Mrs. Beer about PROD membership, Mrs. Archer stated she has missed the last two meetings, but she has been attending regularly as her schedule permits for the last 6-7 years. Mrs. Archer stated she is very excited about having filed for re-election today. Mrs. Archer stated we have made some great strides in Delray Beach and she would like to be sure that we continue positive efforts moving forward. Mrs. Archer continued to state she takes the trust that the residents have placed in her very seriously and she would like to remain committed to protecting the unique quality of life in the All-America City and she is proud to serve. Mrs. Archer stated she had the opportunity to go on Haitian Radio and commented that the discussion revolved entirely around the new Bond Issue, which was well received and since this is the last show on the Haitian Radio, there was some call in comments from people on how they would like to see it continue. 13.C.2. Commissioner Costin Mr. Costin stated he had a good time at the Cultural Loop and commented he too was on the first trolley with Mrs. Pompey. Mr. Costin commented Mrs. Pompey appeared to be quite proud of the accomplishments of the Cultural Loop. Mr. Costin stated the Cultural Loop was a very fine achievement for Delray Beach and was a very successful event. Secondly, Mr. Costin stated on Thanksgiving Day he had the opportunity to help serve some less fortunate people at Jimmy's Stone Crab. Mr. Costin stated he finds it quite admirable of the owner (Jimmy Story) to open his restaurant on one of the busiest days in the restaurant year and serve the less fortunate out of the goodness of his heart. Mr. Costin stated if anyone has the opportunity, to make it a point to thank Jimmy Story. Mr. Costin stated he had the opportunity to attend the Tree Lighting Ceremony and commented that Christmas really is for children of all ages. 13.C.3. Commissioner McCarthy Ms. McCarthy echoed sentiments regarding the Cultural Loop and stated it was an amazing event with a lot of effort on the parts of many people. Ms. McCarthy thanked PROD for their volunteerism and their participation in something that was so worthy. Secondly, Ms. McCarthy stated she missed the Tree Lighting Ceremony this year because she was with her granddaughter in Atlanta, Georgia. Ms. McCarthy stated on Thanksgiving Day she routinely helps with serving dinners at Pompey Park Recreation Center. Ms. McCarthy stated she called before leaving town just to make sure everything was in order. -17- 12/02/03 13.C.4. Commissioner Levinson Mr. Levinson announced the unfortunate passing of Dean Ellis' brother. Secondly, Mr. Levinson complimented Ivan Ladizinsky, Public Information Officer, on the "News for Neighborhoods". Mr. Levinson feels the addition of pictures, and being able to download it on the web and the fact of it being mailed out to people is really beneficial. Mr. Levinson commented about the new water bills and stated many people have approached him informing him the water bills are readable and easy to see. Mr. Levinson commented about an article about a member of the Fire Department and stated members of the Fire Department joined the Commission at Jimmy's Stone Crab. Mr. Levinson echoed comments expressed by Mr. Costin about anyone who has the opportunity to thank Jimmy Story to please do so. Mr. Levinson stated he and the Mayor spent a full day with Office Depot who also deserves a great amount of credit for delivering 1,000 turkeys to the community. Mr. Levinson stated in addition to the Tree Lighting Ceremony where Office Depot participated, one of the deliveries was for 300-400 turkeys for the Straghn Thanksgiving Dinner at Pompey Park. Mr. Levinson commented about the Tree Lighting Ceremony and stated the weather was perfect. He stated approximately 30 people approached him letting him know how excited they are about the Bond Issue. With regard to garbage cans and garbage along Atlantic Avenue, Mr. Levinson stated on Saturday morning when he walked down to the Green Market around 10:00 a.m., the garbage cans had not been picked up from the night before. Mr. Levinson stated the garbage cans overflow and there is no room for additional garbage to go. Mr. Levinson suggested that staff temporarily place cardboard cans along Atlantic Avenue until they can obtain additional garbage cans. Mr. Levinson commented about the street lights and stated there may need to be some methodology by which staff targets those lights that are out. Mr. Levinson stated at some comers where a street light is not working, it is difficult to make a right or left turn and he is concerned about the safety and security of walkers as well. The City Manager commented the rate assumes a certain percentage of the outage; however, this generally exceeds that percentage. 13.C.5. Mayor Perlman Mayor Perlman stated the Police Chief has asked him to announce that the street lights will be out along West Atlantic Avenue throughout the Holiday Season because of the construction on the interstate. Mayor Perlman stated he is not sure whether this is a Florida Department of Transportation (FDOT) issue or a Florida Power & Light (FP&L) issue because he has not received any calls back from them yet and stated the Police Chief is very concerned. -18- 12/02/03 Secondly, Mayor Perlman commented about the Thanksgiving Dinner and would like to formally recognize Mr. Story because he feels what he did is extraordinary. Mayor Perlman commented about the 1,000 turkeys donated by Office Depot to needy residents of Delray Beach including Carver Estates. Mayor Perlman stated although Office Depot is vacating their Delray Beach Headquarters, their commitment to the community, he believes, will stay. Mayor Perlman applauded Marjorie Ferrer, Dowtown Coordinator, for getting Office Depot to contribute. Mayor Perlman commented about a few local authors in town and stated he bought McCall Rosenthal's book at the Historical Society Breakfast and recommends the book to everyone. In addition, Mayor Perlman stated Sandy Simon wrote a book regarding the history of Highland Beach. Mayor Perlman stated the crowd for the Tree Lighting Ceremony was the best ever. Mrs. Archer suggested exploring the possibility of closed cimuit television with a screen so that the Tree Lighting Ceremony can be seen down Atlantic Avenue. Mayor Perlman feels this is a very good idea and commented that Office Depot is interested in entering a balloon float in the Macy's Thanksgiving Day Parade and they want their float to be a replica of the Delray Beach 100 foot tree. Mayor Perlman stated thc Legislation Delegation was at Old School Square last week and commented he was able to discuss the Old School Square grant that the City hopes to send to the State and ask them for support this year (Article V funding and the Community Redevelopment Agency Legislation). Mayor Perlman announced that there is a middle school meeting at Pine Grove Elementary School tomorrow evening at 7:00 p.m. to discuss various options that are available for elementary school students going on to middle school. Mayor Perlman also commented about the new Hi-Tech Middle School that is being built in hopes to help provide some relief of overcrowding at Carver Middle School. Mrs. Archer announced the Education Board voted to support the inclusion of relief for Carver. However, Mrs. Archer stated the Board's primary concern was that they not jeopardize any building of the potential new Middle School of the Arts for the old Atlantic High School site. For the benefit of the Commission and the public, Mayor Perlman stated he would like to make a clarification contrary to what may have been seen in newspapers and emphasized PROD has not yet taken a position on the Bond Issue. Mayor Perlman stated Bill Schwartz assured him that PROD will look at the four questions and not make a decision until they have all the information. Mayor Perlman stated there has not been an official position although there have been quotes seen in the newspapers that they may have been reacting to. Furthermore, -19- 12/02/03 Mayor Perlman stated he emailed the President of PROD asking if they would like to take a position and meet with the Commission so that they can discuss this matter further. There being no further business, Mayor Perlman declared the meeting adjourned at 8:00 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on December 2, 2003, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. -20- 12/02/03 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS Perlman, Jeffrey Z. 971Delra¥ Lakes Drive Delray Beach, Florida COUNTY 33444 Palm Beach 12/02/03 Delray Beach City Commission City of Delray Beach WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who am 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 mason, please pay close attention to the instructions on this form before comptoting the mveme side and tiling 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 pdvata gain or loss. Each elected or appointed local officer also is prohibited f~om 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 (inciuding 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 o~-acre, one-vote basis are not prohibited from voting in that For purposes of this law, a 'relative' includes only the officer's father, mother, son, daughter, husband, wife, Ixother, sister, father-in-law, mofher4n-law, son-in-taw, and daughtor-in-lew. A 'business assodate" means any person or entity engaged in or carrying on a business enterpdse with the oftiser es a partner, joint venturer, couwner of property, or coAoorete shareholder (where the shares of the corporation are nof listed on any national or reginnal stock exchange). ELECTED OFFICERS: In eddltion to abstaining fi'om voting in the situations described above, you must disctoea the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on whirl1 you WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responaible for recording the rain- urea of the meatlng, who should Incorporate the form in the minutas. APPOINTED OFFICERS: Although you must abstain from voting in the situations desedbed above, you othenvlse may participate in these matters. However, you must dleca3se 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 dlrantion. IF YOU INTEND TO MAKE ANY ATrEMPT 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 attom~to influence the decision) with the parson responsible for re(x~'dlng the mtnuto~ of the meeting, who will incoqx:xate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE t APPOINTED OFFICERS (continued) · A ~ of ~te [o~m must be provided immediately to the ottmr members of the agency. · The form must be read publ~y 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 disctoea orally the nature of your conflict in the measure before pa~cipeting. · You must comp~eto 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 ether members of the agency, ~nd the form must be read publicJy at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Jeffrey Z. Perlman , hereby disctose that on December 2, (a) A measure c~me or will come bef~e my ~ency w~ic~ (check one) __ inured to my special private gain or loss; ~ Inured to the special gain or ~ of my business associate, i inurad to the spectol gain or kms of my raiatlve, Diane Colozma __ Inured to the special gain or loss of whom I am retained; or __ inut*ed to Ura special gain or inss of ia the parent organtzstkm or subsidiary of a pdn~pal which has retained me. (b) The measure before my agency and the nature of my ceelficling interest in the measure Is as follows: ,20 03 : Diane Colonna, my wife, is director of the Comuntty Redevelopment Agency (CRA). I have a conflict voting on items that directly affect the Co~nunity Redevelopment Agency. 12/02/03 Da~ F#ed 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. t/2000 PAGE 2 DECEMBER 9~ 2003 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, December 9, 2003. 1. Roll call showed: Present - Commissioner Patricia Archer (arrived 6:05 p.m.) Commissioner Bob Costin Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Brian Shutt, Assistant City Attorney Barbara Garito, City Clerk 2. The opening prayer was delivered by Rabbi Suzanne Carter, Chief Chaplain for the Delray Beach Police and Fire-Rescue Department. The Pledge of Allegiance to the flag of the United States of America was given. AGENDA APPROVAL Mayor Perlman stated Item 9.A., Amendment No. 1/Sale and Purchase Contract has been removed from the Regular Agenda. Mr. Levinson stated he would like to add Item 7.E. Video Game which relates to the killing of certain ethnic groups. In addition, Mr. Levinson requested that Item 9.M. Mayor's Salary Survey be removed from the agenda because the original intent was that this be for the entire Commission not just the Mayor. Mayor Perlman noted additional information for Item 7.C., Public Arts Needs Assessment, Item 9.D., Contract RenewaFLangton Associates, and Item 9.G., Bus Shelters/DayTech Manufacturing, Inc. Ms. McCarthy moved to approve the Agenda as amended, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. -1- 12/09/03 5. APPROVAL OF MINUTES: None. PROCLAMATIONS: None. 7. PRESENTATIONS: 7oAo Team Recognizing and Commending the Delra¥ Beach Fire Rescue Competition Kerry Koen, Fire Chief, introduced the City staff who two months ago went to Canada to compete in an International Operations Challenge event and is proud to announce that they have made it to the finals which is an awesome feat and represented the City of Delray Beach well. Lieutenant Mike Wise gave a brief overview of the events the Delray Beach Fire Rescue Competition Team endured during competing and on behalf of the team extended appreciation for the support of the Commission. 7oao United Way of Palm Beach County- Scott Badesch Scott Badesch, President of United Way of Palm Beach County, stated he is here to discuss a possible partnership United Way would like to explore with the City of Delray Beach. Olivio Cerano, Executive Vice President with United Way of Palm Beach County, stated the concept of the partnership is based on two areas. Mr. Cerano stated one concern of the United Way is they are funding a number of organizations that are doing great work; however, some of these organizations may not have the capacity to do what is right in terms of administration. Mr. Cerano stated the second concern is the understanding that the community is characterized by a sense of place demonstrated by the merchants and businesses that have invested a great deal of their energy in making this a better place. Mr. Cerano stated the concept of the partnership will seek several objectives but will mainly monitor and coordinate the review of funding requests the city receives in terms of allocation of dollars to human service organizations. Mr. Cerano stated United Way has multiple organizations that through a coordinated effort can help to reduce duplication of services and provide assistance with expertise. Jeff Cohen, Attorney, commented about the Child Care Center and stated this has grown to encompass far greater social services. Mr. Cohen suggested that the dollars go to where they are needed most. -2- 12/09/03 Mr. Badesch stated there is potential ability to raise money that people would like to see stay in Delray for human services. Mr. Badesch stated Mr. Cohen has suggested developing a concept called "Dollars for Delray" whereby donations would stay in Delray Beach for Delray Beach residents. It was the consensus of the Commission to proceed to work with the United Way. Public Arts Needs Assessment - Glen Weiss Glen Weiss, representing the Delray Beach Public Art Implementation Committee, gave a brief overview of the Public Arts Needs Assessment. Sarah Wilkenson, member of the Public Art Implementation Committee, gave a brief overview of the Master Plan. Carolyn Pendelton-Parker, member Public Art Implementation Committee, requested Commission approval for the following six (6) items: To approve the Master Plan process as outlined by the Committee To reauthorize the loan of $15,600 Extend the Implementation Committee through June 2004 Appoint a new Committee Chair Appoint two (2) new Committee members Empower the Implementation Committee to assist the City of Delray Beach with public art projects that may improve the ongoing city construction After brief discussion, it was the consensus of the Commission to approve all six (6) items as recommended by the Public Art Implementation Committee. Residential Design Guidelines - Beach Property Owners' Association Cary Glickstein, Trustee of the Beach Property Owners' Association (BPOA), expressed concern over the single family homes in the beach area being torn down and rebuilt in a manner that is generating frustration for many beach area residents. Mr. Glickstein briefly discussed the residential design guidelines. Hank Schakowsky, Urban Design Studios, briefly discussed the residential design guidelines. Mayor Perlman commended the effort of the BPOA. After brief discussion, it was the consensus of the Commission to authorize the Beach Property Owners' Association to move forward with staff support. -3- 12/09/03 7.E. Video Game -Jon Levinson Commissioner Levinson stated he has become aware of a video game which advocates the killing of two particular ethnic groups (Haitians and Cubans) called Grand Theft Auto Vice City. Commissioner Levinson stated since Delray Beach has a significant Haitian population and some Cuban population he suggested sending a letter to Sony, Rock Star Video Games, and some of the larger retailers asking them to cease from the distribution of sale and the creation of these types of video games in the future. Mrs. Archer stated she too supports and also suggested that this same letter be sent to the Legislature as well. After brief discussion, it was the consensus of the Commission to support having Mayor Perlman write a letter to Sony, Rock Star Video Games, the Legislature and some of the larger retailers asking them to cease from the distribution of sale and the creation of these types of video games in the future. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RESOLUTION NO. 80-03: Approve Resolution No. 80-03 assessing costs for abatement action required for the emergency board-up of an unsafe structure located at 638 N.W. 53rd Avenue. The caption of Resolution No. 80-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy of Resolution No. 80-03 is on file in the City Clerk's Office.) 8.B. ACCEPTANCE OF A RIGHT-OF-WAY DEED/ST. PAUL'S A.M.E. CHURCH: Approve and accept a right-of-way deed for N.W. 5t~ Avenue in conjunction with -4- 12/09/03 the construction of an off-site parking lot for St. Paul's A.M.E. Church, located at 119 N.W. 5th Avenue. 8.C. UTILITY IMPROVEMENT AGREEMENT/PORTA AL MARE~ L.L.C.: Approve a utility agreement between the City and Porta al Mare, L.L.C. in thc amount of $12,120.00 for thc installation of 132 feet of new water main in thc alley that runs north of N.E. 1st Street between northbound and southbound Federal Highway. Funding is available from 442- 5178-536-63.50 (Water Main Upgrades). 8.D. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB- RECIPIENT FUNDING AGREEMENTS: Approve and authorize the execution of funding agreements with six (6) sub-recipients (Alpha Time Children's Center, Community Child Care Center, Mad Dads of Greater Delray Beach d/b/a Village Foundation, Palm Beach County Resource Center, Inc., Roots Cultural Festival, Inc., and Urban League of Palm Beach County, Inc.) under the Community Development Block Grant (CDBG) program for FY 2003-2004, with the total fimding in the amount of $122,000.00 from various accounts within the CDBG fund. 8.E. SPECIAL EVENT REQUEST/HOWARD ALAN 15th ANNUAL DOWNTOWN ART FESTIVAL: Approve a special event request for the 15th Annual Downtown Art Festival sponsored by Howard Alan Events, Ltd. to be held on January 17 and 18, 2004, granting a temporary use permit per LDR Section 2.4.6(H) for street closure of Atlantic Avenue, east ofN.E./S.E. 6th Avenue east to Salina, and Vittoro's parking lot for vendor parking; authorize staff to apply for the FDOT street closure permit; authorize staff support for security and traffic control, and permit an event sign to be erected on Atlantic Avenue just east of 1-95 one week prior to the event with the sponsor paying all overtime costs; contingent on sponsor providing a certificate of liability insurance. 8.F. SPECIAL EVENT REQUEST/FIRST NIGHT 2004: Approve a special event request to hold the 7t~ Annual First Night event on December 31, 2003 from 4:00 p.m. to midnight, granting a temporary use permit per LDR Section 2.4.6(H) for the use and street closures of City rights-of-way and facilities as requested, to waive LDR's section 4.6.7(D)(3)(j)(ii) to allow event signage to be placed no earlier than December 15, 2003, and authorize staff support for security and traffic control, signage construction and installation, barricade set-up/removal, trash removal and clean up, and use/set-up of City stages as needed at no charge. 8oGo CONTRACT ADDITION/MORA ENGINEERING CONTRACTORS~ INC.: Approve Contract Addition No. 1 to the Reclaimed Water Main Construction, West Side of E-4 Canal Project in the amount of $36,985.64 to Mora Engineering Contractors, Inc. for the quantity adjustments to the original contract. Funding is available from 441-5181-536-63.95 (Connection Fees). 8oHo REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 1, 2003 through December 5, 2003. -5- 12/09/03 8.I~ AWARD OF BIDS AND CONTRACTS: 1. Contract award to Insituform Technologies, Inc. in the mount of $480,233.50 via the 2003 City of Lake Worth Contract, the Town of Palm Beach Contract (RFP #2003-13), and the 2003-04 Manatee County Contract (RFP #00-6019FL) for trenchless sanitary sewer rehabilitation of 5,309 feet of gravity sewer (Systems 16 and 17/Barrier Island). Funding is available from 442-5178-536-63.51 (Sewer Mains). 2. Purchase award to Turner Outdoor Equipment in the amount of $15,840.72 via the Orange County School Board Contract #02-03-11VH for one (1) John Deere Model #5105 Tractor for the Delray Beach Golf Course. Funding is available from 445-4761-572-64.90 (Delray Beach Municipal Golf Course Fund/Other Machinery/Equipment). Mr. Costin moved to approve the Consent Agenda, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:45 p.m. the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the Public. ll.B.1. Jim Smith, 1225 S. Ocean Boulevard, Delra¥ Beach, stated at the Beach Property Owners' Association meeting last week Mayor Perlman expressed his wish for a pedestrian friendly Delray Beach and Ocean Boulevard. Mr. Smith stated previously in their Master Plans both the Metropolitan Planning Organization (MPO) of Palm Beach County and the Delray Beach Pedestrian/Bicycle Task Team recommended that Ocean Boulevard become a pedestrian and bicycle route. Mr. Smith stated this will not happen if the current Florida Department of Transportation (FDOT) plan is approved because that plan will leave the same four sidewalk gaps (two on each side of Ocean Boulevard north and south of Atlantic Avenue). Mr. Smith urged the Commission to ask the Florida Department of Transportation to fill in these sidewalk gaps to use the full extent of the right-of-way if necessary and use the rest of the available right-of-way for bicycle lanes. The City will also need to help by acquiring approximately 50 feet of right-of-way on the northwest comer of Casuarina and A IA. Secondly, Mr. Smith stated in his opinion the City of Delray Beach will be more bicycle friendly, people friendly, and pedestrian friendly by voting "Yes" for the Bond issue which will lay the ground work for building an inter-modal transportation facility at Old School Square. ll.B.2. Javne King. 3400 Place Valencay, Delra¥ Beach (President of Progressive Residents of Delra¥), stated PROD is a hard working group that cares about the residents and the future of Delray in addition to offering a voice to all citizens. Mrs. King suggested that there be more ethnic diversity representing the Neighborhood Advisory Council (NAC). Mrs. King feels it is expected at all times that the conduct of public officials be professional and commented -6- 12/09/03 PROD looks forward to working with the Commission in order to assist in accomplishing a good future for Delray Beach. 11.B.3. Lisa Schuchert~ 2702 Peer Lane~ Delra¥ Beach (resident of Imperial Villas), reiterated concerns over the roofing project currently taking place at the Imperial Villas condominium. Mrs. Schuchert stated she is having difficulty understanding why the roofing company is still working if a "stop order" was issued. Mrs. Schuchert urged the Commission to protect the homeowners' and asked for guidance from the Commission. The City Manager stated it was his understanding that when the roofing contractor started back working again, he started working according to code and if this is not the case, then he will inquire about it further. Mrs. Schuchert stated there were no permits for the flat roofs and she was told in order for these to be done to code, the old flat roof has to be torn off and commented homeowners' are reporting that these flat roofs are being covered over instead of being tom off. At this point, the Commission moved to Item 11.A., City Manager's response to prior public comments and inquiries. ll.A. City Manager. The City Manager had no response to prior public comments and inquiries. At this point, the Commission moved to Item 9, the Regular Agenda. REGULAR AGENDA: 9.A. AMENDMENT NO. 1/SALE AND PURCHASE CONTRACT: Consider approval of Amendment No. 1 to the Sale and Purchase Contract between the City and D.R. Horton, Inc. providing for construction management services for the public park at no cost to the City and for early payment of park impact fees by D.R. Horton. This item has been pulled from the agenda. 9.ao AMENDED AND RESTATED UTILITY AGREEMENT/CITY CENTER DEVELOPMENT~ L.L.C.: Consider approval of the amended and restated utility agreement for Ocean City Lofts between the City and City Center Development, L.L.C. to allow for the installation of utility improvements (sanitary sewer, drainage, and reclaimed water) on N.E. 4th Avenue. Mr. Levinson declared a conflict of interest with this item, and left the dais. Brian Shutt, Assistant City Attorney, stated since the November 11, 2003 City Commission meeting the cost estimate has been revised to perform this work. In addition, Mr. Shutt stated staff has reviewed the agreement and clarified the warranty bond provisions to better -7- 12/09/03 state what would be required of the developer. Mrs. Archer moved to approve the amended and restated utility agreement/City Center Development, L.L.C., seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 9.C. BONUS PAYMENT TO JCD SPORTS GROUP: Consider approval of FY 2003 bonus payment to JCD Sports Group for golf operations in the amount of $18,000.00 and for Tennis Center operations in the amount of $5,500.00. Funding is available from 445-4711- 572-34.90 (Delray Beach Municipal Golf Course Fund/Other Contractual Services), 446-4711- 572-34.90 (Lakeview Golf Course/Other Contractual Services), and 001-4215-575-34.90 (General Fund/Other Contractual Services). Robert A. Barcinski, Assistant City Manager, stated this is a request for the Commission to consider a bonus payment to JCD Sports Group, Inc. for golf and tennis operations for fiscal year 2003. JCD Sports Group, Inc. is requesting a 12.5% bonus and staff recommends an increase of no more than 11% for both golf and tennis operations. Mr. Levinson suggested that the Commission review the criteria for next year. Mr. Barcinski stated the staff did an outstanding job with regard to the maintenance side following up with the contractor. Ms. McCarthy stated it is quite outstanding that even with the significant interruption the golf course has had this year they were still be able to make these projections. Prior to the vote, Mayor Perlman stated he hears many nice things about the banquet facility and the staff particularly Beth. Mrs. Archer concurred with Mayor Perlman that Beth does an outstanding job. Mr. Levinson moved to approve staff's recommendation of an 11% bonus payment to JCD Sports Group, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.D. CONTRACT RENEWAL/LANGTON ASSOCIATES: Provide direction regarding the renewal of the consulting agreement between the City of Delray Beach and Langton Associates for grant writing services for a term &one (1) year. The City Manager stated for the last three years the city has had a contract with Langton Associates for writing and assisting with grant applications. The City Manager stated the current contract has not produced the kind of results staff had hoped it would. However, the City Manager stated there are two grants the city currently needs assistance; the Florida Communities Trust grant for the expansion of Old School Square and South Federal Highway Appropriation Grant. He further explained that there are a few others options Langton Associates offers, one being a "project by project" arrangement and runs approximately $10,000- -8- 12/09/03 $12,000 per applicant if staff is available. The other option offer is a "Smart Grant" service where they inform people of the grants available and the deadline for applications at a cost of approximately $30,000. The City Manager suggested this year instead of the city renewing the retainer to go with the "Smart Grant" at a cost of $30,000 which would cover 3-4 grant applications. The City Manager stated staff is seeking direction fi.om the Commission and if they would like to go with this type of contract then staff will present it at the next meeting. Mayor Perlman asked if the $30,000 a year proposal would include the Florida Communities Trust work and the City Manager responded by stating this would include both the Florida Communities Trust and South Federal Highway Appropriation Grant. Brief discussion followed by the Commission with regard to EC1VIS.com. Marie Horenburger, representing Langton Associates, stated the 'Smart Grant" Program includes preparation and submission of up to four grant applications per year but does no needs analysis of the city. With regard to ECIVIS.com, Mrs. Horenburger stated a couple of cities in Palm Beach County have gone to ECIVIS and she referenced grants and their ranking as listed in the Langton Associates report. She stated some grants were not funded because the legislature cut the budgets and Langton Associates works closely with the city lobbyist and people who develop the programs and award the grants. Mayor Perlman stated he envisioned the grant writer would do above and beyond staff's capability because this is not staff's specialty. However, the city is not currently receiving fi.om Langton Associates. Mayor Perlman expressed his disappointment and stated this has caused a real disconnect between Langton Associates and the city. Mayor Perlman stated part of the issue is Langton Associates is located in Jacksonville and feels it is hard for them to know what is happening here in Delray Beach. Mrs. Horenburger stated the larger value Langton Associates offers is they work very closely with agencies in Tallahasee on a regular basis. Ms. McCarthy stated she would like to tentatively support this until after the City Manager and City Attorney have reviewed the new contract. It was the consensus of the Commission to proceed with option #2; "Smart Grant". 9oEo TRIPARTITE AND INTERLOCAL AGREEMENT/AMENDMENTS NO. 1 AND NO. 2/DELRAY BEACH LIBRARY: Provide direction on whether to proceed based on the appraisal information received by the parties. Mayor Perlman declared a conflict of interest and passed the gavel to Vice Mayor Levinson. The City Attorney stated the agreements provide that the Commission has the ability to get out of the contract if they are not happy with the appraisals for either the new library site or the current library site and to formally approve at least a concept. The City 12/09/03 Attorney stated the new library site was appraised at $1.7 million and the current library site was appraised at $1.6 million. The City Attorney stated if the market value for the current site exceeds the $1.7 million plus associated costs then it will go to the City. Ms. McCarthy stated she is in favor of not opting out of the agreement. Mrs. Archer and Mr. Costin stated they will support as well. Mr. Costin moved to proceed to move forward with the process based on the appraisal information received and to not "opt out" of the agreement, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 9.F. ENGINEERING CONSULTING AGREEMENTS: Consider approval of seven (7) Engineering Consultant Agreements between the City and CH2M Hill; Eckler Engineering; Hazen & Sawyer, PC; Kimley-Horn & Associates; Lawson, Noble & Webb; Mathews Consulting, Inc.; and McMahon & Associates for engineering consulting services. At this point, Mayor Perlman returned to the dais. Richard Hasko, Director of Environmental Services, stated this item is a request for approval of a total of seven (7) Engineering Consultant Agreements. Mr. Hasko stated the terms of the contracts are between 3-5 years because that ties in to the length of the Capital Improvement Plan (CB?). Ms. McCarthy asked if Eckler Engineering is included in the top five (5) and why. In response, Mr. Hasko stated Eckler Engineering is included in the Environmental category and noted five of the seven consultants that staff is recommending qualified not only in the general and civil category but in all the other categories as well. Mr. Costin asked which engineering consulting firm is new that was not on the list from the previous contract. In response, Mr. Hasko stated Hazen & Sawyer, and McMahon & Associates are the only two that the City does not have existing contracts. With regard to the rating categories, Mr. Costin asked why staff is rating the "Experience with Delray" category so high. In response, Mr. Hasko stated the first and foremost priority is qualifications and experience. Mr. Hasko stated proximity to Delray is important to staff because in the past staff has worked with consulting firms that perhaps had small branch offices or no branch offices at all and this made project coordination extremely difficult in addition to causing problems with projects. Mr. Hasko explained that the "Experience with Delray" category goes up to a 15 point value and gives consultants who have worked with Delray and also consultants who have applied who staff has experience with them while they were doing private consulting work for things that were happening in town. Mr. Hasko stated staff's goal is to try and retain a set of consultants that gives a variety or diversity of levels of expertise in addition to providing a high quality consulting service. Mr. Hasko stated this category can either work for or against a consulting firm as well. -10- 12/09/03 Mr. Levinson stated 45 of the 100 points in his opinion as a policy maker address things which are not as relevant as other things which he feels are relevant to the City of Delray Beach. Mr. Levinson stated he does not agree that the proximity issue is important. Secondly, with regard to the "Experience with Delray" factor, Mr. Levinson stated he is interested in people who have good experience with government. Mr. Levinson stated he is extremely troubled by the "other" category because this is the wrong thing to do in an RFP since then there is no criteria. In addition, Mr. Levinson stated he is also troubled by the references. Mr. Levinson stated he agrees this should remain at five (5) firms and review it at the end of three years. Mr. Levinson suggested that the Commission set the priorities of the criteria. Mrs. Archer concurred with Mr. Levinson and stated she would like to see a mom objective evaluation of the point system and how it is accounted for with regard to the ranking. Mrs. Archer stated she would also like to see this redone and she does not see any reason why the City should not use an outside source to do this. Mr. Levinson suggested that the Commission identify the criteria they want and assign the point values and re-bid the RFP and direct staff to bring back to the Commission at the Workshop meeting in January. Ms. McCarthy stated she too is concerned with the references as well. In addition, Ms. McCarthy stated during the past fiscal year there have been many concerns expressed in general about the bid process and bid results. She suggested that something be done to make the process more uniform. It was the consensus of the Commission to review the criteria for the bid process at a future meeting. 9.G. BUS SHELTERS/DAYTECH MANUFACTURING~ INC.: Consider approval of a contract between the City of Dclray Beach and Daytech Manufacturing in the mount of $454,114.00 for the manufacture, delivery, construction and installation of forty-seven (47) bus shelters. Scott Aronson, Parking Management Specialist, stated the City of Delray Beach advertised a RFP 2003-56 for the design, construction, and installation of bus shelters throughout the city. A selection committee was formed to rate and rank the responses. A rating sheet was created utilizing a point system (100 max. total). Staff felt that design elements were the most significant component of the project and therefore assess it the highest point value followed by cost and timeframe. Although the price quoted by Daytech Manufacturing was higher than that quoted in LNI Custom Manufacturing, the aesthetic qualities of the Daytech shelter, which include decorative trimmed clear tempered glass panels, were incomparable to the perforated metal screen panels offered by LNI. Additionally, a public safety concern was raised with regards to limited visibility created by the perforated metal paneling. -11- 12/09/03 Mr. Aronson stated the committee used the solar lighting option in their review concluding that the higher up front cost for the solar lighting offset the costs of providing electricity to each shelter. Mr. Aronson stated a letter was received today from Mr. Watterson with LNI Custom Manufacturing and after review staff recommends approval of awarding the bid to Daytech Manufacturing. Mr. Aronson stated a formal contract will be brought forward for Commission approval at the meeting of January 13, 2004. Mr. Costin expressed concern over the integrity of the glass and stated he noticed the panels are tempered glass. Mr. Costin asked if staff has looked into other options. Mr. Aronson suggested placing some type of film or tint over the glass in an effort to protect it somewhat. Mr. Costin stated he concurs with Mr. Aronson's suggestion regarding the option of placing some kind of film or tint over the glass may be something worth looking into. Mr. Levinson stated the bus shelters look great. Mayor Perlman inquired about the bid protest procedures and the City Attorney stated bid protest procedures requires a response within five (5) days of opening which was not met by LNI Custom Manufacturing. Mrs. Archer moved to approve the bid award in the amount of $454,114.00 to Daytech Mfg. for the installation of 47 bus shelters, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.H. MIDDLE SCHOOL 98-GG: Provide direction regarding a proposed resolution supporting a school of choice for Middle School 98-GG. Lula Butler, Director of Community Improvement, stated this item before Commission is consideration of a resolution for Middle School 98-GG located in Boca Raton within the old 1BM complex. Mrs. Butler stated Middle School 98-GG is scheduled to be open in 2004 and have a student body capacity of 1,300 and will be a High Tech Middle School. Mrs. Butler stated the Palm Beach County School District will be considering whether or not the school is going to be a school of "boundaries" or an "open choice school". The District had anticipated that this school would contain boundaries for 800 students and 500 students were to be selected by a lottery system serving students from Lantana Road to the southern boundaries of Palm Beach County. The City of Boca Raton sent a Resolution to the District encouraging the District to designate Middle School 98-GG a school of "open choice" not boundaries. Staff recommends supporting an "open choice school" with a priority zone for Delray Beach students that mirrors that of the boundaries proposed in Boundary Study GG-4 to include approximately 300 Delray Beach students. Ms. McCarthy asked what is meant by assigns priority seating of 300 students? In response, Mrs. Butler stated students from Delray Beach will be able to apply and there is a preference assigned for the first 300 Delray Beach applications. Ms. McCarthy asked what some - 12- 12/09/03 of the other criteria besides location when applying to a school? In response, Mrs. Butler stated if this is a school of choice, there would be no other criteria that the student would have to meet to get into the school. Mayor Perlman stated he spoke to Carole Shetler, Area Superintendent for the Palm Beach County School District, who expressed concern that she would like to see overcrowding at Carver Middle School relieved and she is also concerned about the International Baccalaureate (IB) Program at Atlantic High School and the Middle Year's International Baccalaureate (IB) Program at Carver Middle School. Mayor Perlman stated Mrs. Shetler implied if an "open choice school" is allowed it would hurt these two programs because the pool of applicants. Mayor Peflman stated Mrs. Shetler feels instead of students going to the Carver Middle Year's IB Program they would maybe opt to go to the technology school and would be less apt to apply to the IB Program at Atlantic High School. Mr. Levinson stated this is a very unique school because it is not a traditional School of Choice and explained a teacher academy will be located at this school. Mr. Levinson stated every class will be potentially used for teaching techniques not just within this school but the Palm Beach County School District like to sell these services as training for other districts around the country. Mr. Levinson stated he supports a School of Choice because he feels it provides another opportunity for students to have a different kind of experience available to them other than if they were zoned there they would have to choose technology. Mr. Levinson stated if it is a School of Choice students can choose technology or once the Middle School of the Arts is complete then they could choose the Arts. Ms. McCarthy stated she is not in favor of the "open choice school" for this particular school but instead supports the "boundaries". Ms. McCarthy stated the boundaries would guarantee students from Delray Beach will be part of this process and seeing that it is a study process. Ms. McCarthy stated the new technology school is such an imperative indication of the future of society she feels these children would benefit quite a bit and the boundary guarantees Delray Beach students would have participation in the school. Mrs. Butler stated she feels there will be a lot of interest from Delray Beach students for this school. Mrs. Butler stated one of the things staff thought about putting in place with the open choice school would be providing workshops and facilitate parents of the application process and how to complete the applications to make sure for those who choose would have the opportunity. Ms. McCarthy stated she is under the impression that ifa student is assigned to a school by boundary and a parent has concerns and does not want their child to attend that school especially if they are in any special programs in another school that the parent has the right to go to the School Board and to make another application to opt the child out of the school. Mr. Levinson stated with Carver being ovemrowded someone could not opt to go back into Carver. -13- 12/09/03 Mayor Perlman stated he too shares the concerns expressed by Commissioner McCarthy. Mayor Perlman stated his goal would be to relieve overcrowding at Carver Middle School and stated the city should provide as much support and marketing of this opportunity to local students and assist parents so that students have the opportunity and know how to apply. Mrs. Archer stated this school is a unique experience and insists the city provide the maximum amount of information and assistance to any parent who wants to apply and supports a school of choice. Mayor Perlman stated to his knowledge at this point there has not been a high degree of marketing occurring in the Delray Beach schools. Mrs. Butler stated Deborah Johnson, who is going to be the Principal at Middle School 98-GG announced she has been marketing this school to different communities and believes there has not been a lot of marketing in Delray Beach. With regard to the boundary situation, Ms. McCarthy asked how many students will be attending the school. Mrs. Butler stated around 300 students would be attending the school. Mrs. Butler stated with regard to the choice school the city is asking for 300 students as well. Ms. McCarthy asked what happens if more than 300 students apply. Janet Meeks, Education Coordinator, stated anyone over the 300 students would go into a lottery system. Ms. McCarthy inquired if they are limited to only 300 applicants. Mrs. Meeks stated her assumption is that since the school was set up for 800 students to relieve overcrowding at other schools that they would apply priority zones for all those schools first and leave the additional 500 seats open for the public-at-large which would be done on a lottery system. Mrs. Meeks stated this school was set up to relieve three middle schools in the area. Ms. McCarthy moved to support Resolution No. 81-03 supporting "Boundary" Study GG-4 for Middle School 98-GG located in Boca Raton, Florida, that also serves students of Delray Beach, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - No; Mr. Levinson - No; Ms. McCarthy - Yes; Mayor Perlman - No; Mr. Costin - No. Said motion FAILED with a 4 to 1 vote. Brief discussion between the Commissioners followed. Mr. Levinson moved to approve Resolution No. 81-03 supporting a "School of Choice" with a priority zone for Middle School 98-GG located in Boca Raton, Florida, that also serves students of Delray Beach with the caveat to direct staff to provide active daily participation with parents from Elementary 5th graders as well as the existing middle school to market and assist them in completing the application, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - No; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 1 vote, Ms. McCarthy dissenting. 9.[~ CDBG CONSOLIDATED ANNUAL PERFORMANCE AND APPRAISAl, REPORT (CAPER): Consider approval of the Community Development Block Grant (CDBG) Consolidated Annual Performance and Appraisal Report (CAPER) for FY 2003 as required by - 14- 12/09/03 the U.S. Department of Housing and Urban Development. Lula Butler, Director of Community Improvement, stated this item is required under the City's federal regulations governing the use of the Community Development Block Grant (CDBG) dollars and the Community Development Block Grant Consolidated Annual Performance and Appraisal Report (CAPER) is required to be submitted to HUD by the end of the fiscal year. Mrs. Butler stated this is also required to be advertised. Mrs. Butler stated she is pleased to announce that they spent over $900,000 on various activities and 100% of their expenditures benefited low to moderate income households. Mr. Costin stated he is very impressed with the accomplishments and commended staff for a great job. Mrs. Butler commended Kendra Graham, Community Development Administrator, for exceeding all of her goals in each category. Mrs. Archer noted a typographical error on the cover of the report and stated the word "Appraisal" should read "Evaluation". Mrs. Archer moved to approve the Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER) for fiscal year 2003, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9,Jo PROPOSAL FOR SETTLEMENT IN FLORIDA BLACKTOP v. CITY OF DELRAY BEACH: Consider a Proposal for Settlement in the mount of $550,000.00 in Florida Blacktop v. City of Delray Beach. Staffrecommendation is denial. Mr. Costin moved to approve the proposal for settlement in Florida Blacktop v. the City of Delray Beach, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Peflman - No; Mr. Costin - No; Mrs. Archer - No; Mr. Levinson - No; Ms. McCarthy - No. Said motion to approve the settlement was DENIED with a 5 to 0 vote. 9.K. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint one (1) member to the Parking Management Advisory Board to represent the Atlantic Avenue Corridor between Swinton Avenue and Interstate 95 for an unexpired term ending January 31, 2004. Based upon the rotation system, the appointment will be made by Commissioner Levinson (Seat #3). Mr. Levinson moved to appoint Vanessa Grant as a member to the Parking Management Advisory Board for an unexpired term ending January 31, 2004, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. -15- 12/09/03 9.L. BOYS AND GIRLS CLUB/REQUEST WAIVER: Consider a request from thc Boys and Girls Club to waive the January 1, 2004 requirement for a building permit in Section 1.03 of the lease between the City and the Boys and Girls Club. Robert A. Barcinski, Assistant City Manager, stated this request by Mary O'Connor, President and CEO is to waive the January 1, 2004 building permit date requirement for the Boys and Girls Club property. Mr. Barcinski stated the Boys and Girls Club received a large donation a few weeks ago and they will be able to proceed, however, will not be able to meet the January 1, 2004 requirement. The City Attorney stated for clarification the only date being waived is the building permit date. Mr. Levinson stated it would be nice for the City to write a letter to the donor thanking them for the donation. Mr. Levinson moved to approve the request from the Boys and Girls Club to waive the date of January 1, 2004 and change it to July 1, 2004, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 9.M. MAYOR SALARY SURVEY: Provide direction regarding a possible increase to the Mayor's salary. This item has been removed from the agenda. At this point, the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 48-03: An ordinance rezoning from POD (Professional Office District) and CD (Conservation District) to RM (Medium Density Residential) for a 0.509 acre portion of the Delray Harbor Club Condominium Development located on the east side of U.S. Highway No. 1, approximately 650 feet south of S.E. l0th Street. If passed, a quasi-judicial public hearing will be scheduled for January 6, 2004. The caption of Ordinance No. 48-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POD (PROFESSIONAL AND OFFICE) DISTRICT IN PART, AND CD (CONSERVATION) DISTRICT IN PART TO RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE EAST SIDE OF U.S. HIGHWAY NO. 1, APPROXIMATELY 650 -16- 12/09/03 FEET SOUTH OF SE 10m STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL, 2003"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 48-03 is on file in the City Clerk's Office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated these are these are the rezoning associated with the Future Land Use Map Amendment Comprehensive Plan Amendment 2003-02 that was sent to the Florida Department of Community Affairs (DCA). The Planning and Zoning Board considered both of them concurrently and staff held the rezoning actions that were associated with those land use actions until this time, the second reading of the rezoning ordinance will occur at the same meting as the adoption of the Comprehensive Plan amendment. Mr. Dorling stated this is a rezoning from POD (Professional and Office District) in part and CD (Conservation District) in part to RM (Multiple Family Residential) to accommodate changes that the Delray Harbor Club proposes. At its meeting of July 21, 2003, the Planning and Zoning Board held a public hearing in conjunction with the rezoning and FLUM amendment requests. After reviewing the proposal, the Board unanimously voted 4-0 (Sowards stepped down; Woehlkens and Morris absent) to recommend that the requests be approved based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. Mr. Costin moved to approve Ordinance No. 48-03 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 49-03: An ordinance rezoning from R-1-A (Single Family Residential) to LI (Light Industrial) for parcels of land located on the east side of Wallace Drive, south of S.W. l0th Street; and, rezoning from I (Industrial) to MIC (Mixed Industrial and Commercial) for two parcels of land located 100 feet east of Tangelo Terrace, between Poinsettia Drive and Georgia Street in conjunction with the Wallace Drive Redevelopment Plan. If passed, a quasi-judicial public hearing will be scheduled for January 6, 2004. The caption of Ordinance No. 49-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZON1NG AND PLACING CERTAIN PARCELS OF LAND, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT TO LI (LIGHT INDUSTRIAL) DISTRICT; AND, FROM I -17- 12/09/03 (INDUSTRIAL) DISTRICT TO MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT; ALL REQUIRED TO IMPLEMENT THE WALLACE DRIVE REDEVELOPMENT PLAN; SAID PARCELS OF LAND LOCATED ON THE SOUTH SIDE OF SW l0TM STREET, BETWEEN WALLACE DRIVE AND SW 9TM AVENUE; AND, WEST OF LIME LANE, BETWEEN GEORGIA STREET AND POINSETTIA DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2003"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTiVE DATE. (The official copy of Ordinance No. 49-03 is on file in the City Clerk's Office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated these zoning changes are similar to the previous ones with respect to their association with the Future Land Map amendments that were considered by the Commission and transmitted to the Florida Department of Community Affairs (DCA) earlier this year. The associated FLUM amendments are scheduled for second reading for the January 6, 2004 City Commission meeting. At its meeting of July 21, 2003, the Planning and Zoning Board held a public hearing in conjunction with the FLUM amendment and Rezoning requests. There was public testimony in opposition related to concerns about the overlay district. After reviewing the staff report and discussing the proposal, the Board unanimously voted 5-0 (Woehlkens and Morris absent) to recommend that the FLUM Amendment and Rezoning requests be approved, based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions, LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. Mr. Dorling stated some of those LI (Light Industrial) parcels do not meet the minimum criteria under the LI (Light Industrial) District with respect to the lot size and noted this will be addressed at the second reading of the Future Land Use Map amendment and rezoning ordinances. Mr. Costin moved to approve Ordinance No. 49-03 on FIRST Reading, seconded by Mrs. Amher. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. $0-03: An ordinance rezoning fi.om RM (Medium Density Residential) to GC (General Commercial) for the following areas pursuant to the adopted Southwest Area Neighborhood Redevelopment Plan: ~h Avenue and S.W. 12th Avenue. 2. East and west sides of S.W. 5th Avenue, south ofS.W. 1st Street. 3. Northwest comer ofS.W. 1st Street and S.W. 4th Avenue. South of West Atlantic Avenue, north of N.W. 1st Street, between S.W. -18- 12/09/03 If passed, a quasi-judicial public heating will be scheduled for January 6, 2004. The caption of Ordinance No. 50-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZON1NG AND PLACING CERTAIN PARCELS OF LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT; ALL AS REQUIRED TO IMPLEMENT THE SOUTHWEST NEIGHBORHOOD REDEVELOPMENT PLAN; SAID PARCELS OF LAND LOCATED SOUTH OF WEST ATLANTIC AVENUE (AND NORTH OF NW 1sT STREET) BETWEEN SW 8TM AVENUE AND SW 12TM AVENUE; EAST AND WEST SIDES OF SW 5TM AVENUE, SOUTH OF SW 1s'r STREET; AND, THE NORTHWEST CORNER OF SW 1sT STREET AND SW 4TM AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2003"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 50-03 is on file in the City Clerk's Office.) The City Attorney read the caption of the ordinance. Paul Doffing, Director of Planning and Zoning, stated these rezoning actions are also those which are associated with the Comprehensive Plan Amendment 2003-02. At its meeting of July 21, 2003, the Planning and Zoning Board held a public heating in conjunction with the FLUM amendments and Rezoning. Public testimony was provided both in support of and in opposition to the requests. The testimony in opposition to the request primarily related to concerns over displacement of residents as a result of redevelopment. Mr. Doffing stated staff recommends approval and noted that the second reading will be on January 6, 2004 for the land use. Ms. McCarthy inquired placing the new zoning on these residential structures about what happens if an owner sells their home? In response, Mr. Doffing stated they would be allowed to continue in perpetuity until the structure is vacant for more than six months then it would become non-conforming and could not be reestablished. Mr. Doffing stated it could be sold and occupied as a single family home or sold and redeveloped consistent with the GC (General Commercial) district. Ms. McCarthy asked these parcels which are being displayed for the new zoning has staff looked to see if they are owned by the CRA? Mr. Doffing stated he does not know; however, staff can look into this and get a response by second reading. -19- 12/09/03 Mr. Levinson moved to approve Ordinance No. 50-03 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - No. Said motion passed with a 4 to 1 vote, Commissioner McCarthy dissenting. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Item. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. CiWManager. The City Manager suggested closing City Hall on Friday, December 26, 2003 and encouraged employees to take vacation time. The Commission concurred with the City Manager's suggestion to close City Hall and Administrative Offices on December 26, 2003. 13.B. City Attorney. The City Attorney had no comments or inquiries on non-agenda items. 13.C. 13.C.1. Ci,ty Commission. Vice Mayor Levinson Mr. Levinson stated the grand opening of the Skate Park was a huge success and it is working out very well. Mr. Levinson stated Island Water Sports and Skate U.S.A. participated and gave away many nice gifts at the grand opening. Mr. Levinson suggested that staff write a letter to thank them for their participation at the grand opening. Secondly, Mr. Levinson announced the Neighborhood Advisory Council (NAC) had its first meeting last night and stated it was exciting to see all the eager people in attendance. Mr. Levinson stated he read an article in the newspaper that 1-95 at Linton Boulevard is going to be closed for an additional month due to rain delays. Mr. Levinson suggested that staff write a letter to Florida Department of Transportation in an attempt to possibly expedite the work. Mr. Levinson stated it was anticipated that this project would be complete by now and he feels people should not be inconvenienced any longer than necessary. 13.C.2. Commissioner Costin Mr. Costin echoed comments expressed by Mr. Levinson regarding the Skate Park and Linton Boulevard. Secondly, Mr. Costin stated he enjoyed the day in Belle Glade and commented it was a nice experience. - 20 - 12/09/03 13.C.3. Commissioner McCarthy Ms. McCarthy had no comments or inquires on non-agenda items. 13.C.4. Commissioner Archer Mrs. Archer stated she had a wonderful time at the grand opening of the Skate Park. Secondly, Mrs. Archer stated this had been a particularly bad week for her because she missed the day in Belle Glade, the Neighborhood Advisory Council (NAC) meeting, and the Beach Property Owners' Association (BPOA) meeting due to work commitments. Mrs. Archer inquired about the Bond issue. The City Manager gave her a brief update and advised that after the 1st of the year marketing activity and literature will be mailed to residents. 13.C.5. Mayor Perlman Mayor Perlman stated at the Beach Property Owners' Association (BPOA) meeting a few concerns were brought up regarding the horn on the Atlantic Bridge aggravating the residents of Barr Terrace. Mayor Perlman asked staff to follow up with the Coast Guard on this. The City Manager stated staff will follow up with Florida Department of Transportation first and then go from there. Secondly, Mayor Perlman feels the Skate Park will transform the Teen Center and will help bring more activity there. Mayor Perlman indicated that he suggested to the Vice President of the Delray Beach Youth Council that they set up a vending window and sell water, etc. to help raise money. With regard to the Bond issue, Mayor Perlman stated there were a lot of people the Commission was able to talk to at the Skate Park and commented some of these people are the parents who utilize the parks. Mayor Perlman stated there is a lot of word of mouth right now regarding the Bond issue and there will be a lot more activity after the first of the year. Mayor Perlman announced "Scrooge" will be playing at the Delray Beach Playhouse through December 21st. Mayor Perlman stated this particular production has children from Banyan Creek Elementary School, Spady Elementary School and Plumosa Elementary School along with local actors who live in Delray Beach. Mayor Perlman encouraged everyone to attend and commented it is a great night of entertainment for all ages. Mayor Perlman stated he attended the Seacrest/Del-Ida party on Sunday and received some very positive comments about the general direction of the city and the look of that particular neighborhood. Mayor Perlman stated there were some new people in town who were -21 - 12/09/03 at the party who had come to Delray Beach and looked through the area and downloaded the Master Plan from the City's website. Mayor Perlman continued to state they were so impressed by what has gone on in the city that they came back to Delray as a result. Mayor Perlman stated he heard this again yesterday from a realtor who is moving from Boca to "The Meridian" because he read the Master Plan and thought Delray Beach would be a great place to invest. Mayor Perlman stated the Neighborhood Advisory Council (NAC) meeting was terrific and noted he too would like to see a little more diversity as the city moves forward. However, Mayor Perlman stated he is convinced the entire city is being represented based on the geographic assignments of members. Mayor Perlman commended Janet Meeks, Education Coordinator and Lula Butler, Director of Community Improvement for a great job. Mayor Perlman stated he received a letter from Bonnie Dearborn with the State Historical Society asking for moving expenses for her headquarters on Swinton Avenue. and noted she would like a response as soon as possible. Mayor Perlman stated the original idea was to accommodate her in that building and share the facility. However, Mayor Perlman stated she did not want any part of this. It was the consensus of the Commission not to assist with moving costs. Mayor Perlman commented about the Watershed Rehabilitation Facility and stated he has received many calls from people alleging the facility is going beyond their scope and performing medical treatments. Mrs. Archer stated she will be meeting on Friday with the man who is with the sober residents' society and will inquire as to what is going on at the Watershed facility. Mayor Perlman suggested that the Commission have an Annual Employee Appreciation Holiday Lunch for all City employees with the date and time to be announced. The Commissioners were in agreement. Mayor Perlman wished everyone a happy, healthy, and safe holiday season. There being no further business, Mayor Perlman declared the meeting adjourned at 10:00 p.m. City Clerk - 22 - 12/09/03 ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on December 9, 2003, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. - 23 - 12/09/03 FORM 86 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME~IRST NAME--MIDDLE NAME 943 Evergreen Drive Delray Beach Palm Beach DATE ON W~ICH VOTE OCCURRED 12/9/03 NAME OF BOARD, COUNCIl.. COMMISSION AIJTHORITY. OR COMMITTEE Delray Beach City Commission Delray Beach WHO MUST FILE FORM 86 This fon'n is for use by any pemon serving at the County, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who ars presented with a voting conflict of interest under Section 112.3143, Flodda Statutes. Your resoonsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reveme side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, o~ 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 iocel officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a prtr~cipal (other than a government agency) by whom he or she is retained lincluding 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-vota basis are not prohibited from voting in that capacity. For purposes of this law. a 'relative" inciudes onty the officer's father, mother, son. daughter, husband, wife, brother, sister, father-in-law, mother-imlaw, son-in-law, and daughter-in-law· A 'business associate" means any person or entity engaged in or carrying on a business enterorise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS b~ completing and filing this form with the person responsiole for reco~ing 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 othervase may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY A'ITEMPT 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 recon:ling the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 86 - EFF. 1/2000 PAGE1 APPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members of ~ 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 orelty the nature of your conflict in the measdre before participating. · You must complete the form and file it within 15 days after the v~e occurs with the parson responsible for mourdtng the minutes of the mee~ng, 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 reed publicly at,he next meeting after the form is filed. DISCLOSURE_OF LOCAL OFFICER°S INTEREST Jon R, Levinson . .herebydisctosethatou 12/9/03 (a) A measure came or will come before my agency which (check one) X inured to my special private gain or loss; __ inured to the special gain or loss of my business associate, . -- inured to the special gain or loss of my reletive, inured to the special gain or loss of wha3m 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 ~s as follows: I, or a member of my family, may be a unit owner in the Ocean City Lofts Development. Da,, Fi,ed . : ER O S S O LORIDA STA~S {112~317, A FAIRE TO ~ ~E A~ REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF' HE FOLLOWING: IMP~CHMENT, CE FORM 8B - EFF. 1/2000 PAGE 2 FORM 86 MEMORANDUM OF VOTING CONFLICT FOR AND cOuNTY MUNICIPAL,' OTHER LOCAL PUBLIC OFFICERS LAST NAME--FIRST NAME-~MIDOLE NAME Perlman, Jeffrey L. 971 Delrav Lakes Drive 12/9/03 NAME OF BOARD. COUNCIl., COMMISSION. AVTHORII~. OR EOMMITrEE Delray Beach City Commission Delray Beach WHO MUST FILE FORM 86 This form is for use by any pemon serving at the county, city, or other local level of government o~ an appointed or elected board, council, commission, authority, or committee. It applies equatly to members of advisory and non-advisory bodies who are presented wffh a voting conflict of interest under Section 112.3143. Flonda Statutes. Your responsibilities Jnder the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and tiling the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipel~ or other local public office MUST ABSTAIN from voting on a measure which inures to his or her soecial pdvate 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 then a government agency) by whom he or she is retained [including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special pdvate 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" indudes only the officer's father, mother, son, daughter, husband, wife, brother sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate' means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this 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 disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in wrfting 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, wflo will inco~oorate the form in the minutes. (Continued on other side) CE FORM 86 - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) · A Copy of the form must be provided immediately to the other members of the agency. The form must be read publicly at the next meeting after the form is tiled. IF YOU MAKE NO A'?FEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You must dis~leoe orally the nature of your conflict in the measQra before participating. · You must complete the form and file jt within 15 days after the vote occurs with the bemon responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A Copy of the form must be provided imrnediateiy to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSUREOFLOCAL OFFICER'S INTEREST I, Jeffrey L. Perlman ,heraby~sc~sethaton 12/9/03 (a) A~eaeure came or will come before my agency which (check one) __~'~inured to my special private gain er leos: __ inured to the special gain or loss of my business associate, __ inured to the special gain or loss of my relative. inured to the special gain or loss of whom I am retained; or · inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: ,20 : , which Diane Colonna, my wife, is Director of theCommunity Redevelopment Agency (CRA) I have a conflict voting on items that directly affect the CRA. Date Filed .CT,CE: u"DER ;ROV, S,O"S OF STA '"SF;IL"RE TO MAKE A"V REOU,RED'o'SC'osUR" CONSTiTuTEs GROUNDS FOR AND MAy BE PUNISHED nY ONE OR MORE aF THE FOLLOWING: IMPEACHMENT, REMOVAL OR suSpENSION FROM OFFICE OR EMPLOYMENT. DEMOTION, REDUCTION IN sALARY, REPRIMAND, ORA cIVIL PEI;,IALTY NOT TO EXCEED $10,000. CE FORM 88- EFF. 1/2000 PAGE 2 WHEREAS, Martin Luther King, Jr. was born on January 15, 1929, in Atlanta, Georgia, and dedicated his life to all Americans being able to enjoy the freedom guaranteed every citizen under the United States Constitution; and WHEREAS, January 19, 2004, will be observed as Martin Luther King, Jr. Day in honor of the memory and ideals of Dr. King; and WHEREAS, Martin Luther King, Jr. labored tirelessly to obtain equality of opportunity for all Americans; and WHEREAS, Dr. King was instrumental in the advancement of equality for all Americans; and WHEREAS, January 19~h should serve as a reminder to each of us of the sacrifices made by some Americans in order to secure the dghts of all Americans. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim January 19, 2004 as MARTIN LUTHER KING, JR. DAY in the City of Delray Beach, and urge all citizens to reflect upon the efforts and sacrifices made by Dr. King on behalf of all Americans and join in the celebration of his contributions to the struggle for peace and freedom for our nation and throughout the world. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Flodda, to be affixed this 6th day of January, 2004. JEFF PERLMAN MAYOR DFLRAY BEACH 1993 2001 The Board of Directors for the Dr. Martin Luther lSng, Jr. National Holiday Ce~braaen DATE: December 28, 2003 DEC 30EB B Luther King,Jr TO ; Mayor Jeff Perlman 100 N.W. 1st Avenue Delray Beach, FI 33444 FROM: Lillie M. Strainge, Chairperson Board of Directors for the Dr. Martin National Holiday Celebration RE : Request for a proclamationissued by the Mayor in handa of the 2004 Dr, King,Jr. Holiday Please let me know the date and in a City C~ssi~meeting. '~~,Chairperson 27~_5196ziZwork) - 278-4136 (home) time the proclamation will be read Keep the Dream Alive Delray Beach Golf Club To: DAVE HARDEN, CITY MANAGER Date: December lg, 2003 Re: CITY GOLF CHAMPIONSHIP - PRESENTATION OF TUESDAY, JANUARY 6, 2004/CITY COMMISSION CHAMBERS CITY' CHAMPIONS -146, 73, 73, CASEY JORGENSON, 2003 MEN'S, BOCA RATON -146,73, 73 NORA PHILLIPS*, 2003 WOMEN'S (*THIRD CONSECUTIVE DEFENSE OF TITLE ) OTHER CHAMPION FLIGHT WINNERS: -TIM WELDON, 157, MEN'S FIRST, DELRAY BEACH -JOE VASSALOTTI, 167, MEN'S SECOND, WEST PALM BEACH -JIM BOUNDS,** 74, MEN'S SENIOR CHAMPIONSHIP, BOYNTON BEACH -STEVE MCFARUNG, 77, MEN'S SENIOR FIRST, DELRAY BEACH -ALDO BUTERA~ 74~ (AGE 71), MEN'S SUPER SENIOR, BOYNTON BEACH **Won, at second playoff hole (par, par) -WANDA GOODLEAF, 177, INOMEN'S SENIOR, DELRAY BEACH · Page2 Memo to: Dave Harden RECEIVED 1 2003 CITY MANAGE Delray Beach Golf Club 2200 Highland Avenue Delray Beach, FL 33445-8710 56~ 243 7380 Ext. 238 F:561.243.7386 i Email: sandolli@adelDhia.net From: Sandra Eriksson December 18, 2003 RE: Presentation of City Golf Championship Awards Commission Meeting, Tuesday, January 6, 2004 I would like to request being placed on the agenda for the above meeting in order to present the flight winners their awards for the 2003 City Golf Championship. I will assume that we will be placed at the beginning of the agenda unless otherwise contacted. Thank you. Wishing you and your staff a very happy holiday season and a healthy new year. Attachment: Award winners 2003 City Golf Championship MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~/~ - REGULAR MEETING _IANUARY 6. 2004 FINAL PLAT APPROVAL/PORTA AL MARE JANUARY 2, 2004 This is before the Commission to approve the final subdivision plat for Porta al Mare. The property is a replat of Lots 15, 16, 17, and 18, Block 107, (less the easterly five (5) feet and the westerly two (2) feet, located on the west side of the 100 Block of N.E. 6e~ Avenue. AH technical and staff comments have been addressed and the plat is ready for approval. Recommend approval of the final subdivision pht for Porta al Mare. S:\City Clerk\agenda memo~\Final Plat. Porta al Mare. Ol.06.04 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Randal L. Krejcarek, PE 30 Dec 2003 Porta al Mare Plat Agenda Request The attached agenda request is for Commission approval of the Porta al Mare Plat. This property is a replat of Lots 15, 15, 17, and 18, Block 107, less the easterly 5 feet and less the westerly 2 feet, Plat Town of Linton, Plat Book 1, Page 3. This property is located on the west side of 100 Block of NE 6th Avenue. Enclosed is a location map and a reduced copy of the plat. This project is a 20 unit town house development and received Planning and Zoning approval on 21 July 2003. If this meets with your approval, please place it on the 06 Jan 2004 Commission Agenda for approval. Thanks! enc cc TAC file S:~EngAdmin~TAC~Porta Al Mare~2OO4 jan 06 agenda memo,doc N.E+ 2ND ATLANTIC AVENUE ST¸ CITY of DELRAY BEACH ENVIFIONMENTAL 8EFNlCE8 DEPAF/lMENT LOCATION MAP PORTA AL MARE, P.U.D. 00-000 Z Date: 22 Dec 2003 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: X Consent Agenda Regular Agenda Workshop Agenda Special Agenda When: 06 Jan 2004 Description of Agenda Item (who, what, where, how much): Request for Commission approval of the Porta al Mare Plat. This property is a replat of Lots 15, 15, 17, and 18, Block 107, less the easterly 5 feet and less the westerly 2 feet, Plat Town of Linton, Plat Book 1, Page 3. This property is located on the west side of 100 Block of NE 6th Avenue. Enclosed is a location map and a reduced copy of the plat. This project is a 20 unit town house development and received Site Plan approval on Staff Recommendati. on: Approv~ Department Head Signature: ( ~/~J~ ~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: N.A. Account Number Description Account Balance: Funding Alternatives: City Manager Review: for Agenda: ~/No Initials: Approved Hold Until: (if applicable) Agenda Coordinator Review: Received: S:\EngAdmin\TAC\Porta A1 Mare\2004 jan 06 agenda.doc MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ ~> - REGULAR MEETING _IANUARY 6. 2004 FINAL PLAT APPROVAL/MERIDIAN REPLAT JANUARY 2, 2004 This is before the Commission to approve the final boundary plat for The Meridian Replat. The plat is a replat of The Meridian. The property is located on the east side of the 300 Block of S.E. 6m Avenue. All technical and staff comments have been addressed and the plat is ready for approval. Recommend approval of the final boundary plat for The Meridian Replat. S:\City Clerk\agenda memos\Final Plat. Meridian.01.06.04 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Randal L. Krejcarek, PE ~~ 30 Dec 2003 The Meridian Re-Plat Agenda Request The attached agenda request is for Commission approval of the Meridian Re-Plat. This property is a replat of the Meridian, according to the plat thereof recorded in Plat Book 98, pages 92 through 93 of the public records of Palm Beach County, Florida, in fractional Section 16, Township 46 South, Range 43 East, C[~ of Delray Beach. This property is located on the east side of the 300 Block of SE 6 Avenue. Enclosed is a location map and a reduced copy of the plat. This is a boundary plat therefore no additional approvals are required. If this meets with your approval, please place it on the 06 Jan 2004 Commission Agenda for approval. Thanks! enc cc TAC file S,'~EngAdmin~ TA C~Meddian~2OO4 jan 06 agenda memo,doc ATLANTIC 2ND 5RD 4TH ST. ST. ST. 0 81' MERIDIAN REPLAT CASL 12/30/2003 14:29 9547767608 PAGE 03 12/30/2003 14:29 9547767608 PAGE 02 Date: 30 Dec 2003 AGENDA ITEM NUMBER: ~_~) AGENDA REQUEST Request to be placed on: X Consent Agenda Regular Agenda Workshop Agenda Special Agenda When: 06 Jan 2004 Description of Agenda Item (who, what, where, how much): Request for Commission agenda request is for Commission approval of the Meridian Re-Plat. This property is a replat of the Meridian, according to the plat thereof recorded in Plat Book 98, pages 92 through 93 of the public records of Palm Beach County, Florida, in fractional Section 16, Township 46 South, Range 43 East, City of Delray Beach. This property is located on the east side of the 300 Block of SE 6th Avenue. Enclosed is a location map and a reduced copy of the plat. This is a boundary plat therefore no additional approvals are required. Staff Recommendation: Approvo~t~ . Department Head S~gnature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: N.A. Account Number Description Account Balance: Funding Alternatives: City Manager Review: for Agenda: ~/No Initials: Approved Hold Until: (if applicable) Agenda Coordinator Review: Received: S:\EngAdmin\TAC\Meridian\2004 jan 06 agenda.doc TO: THRU: FROM: SUBJECT: DAVID T. HARD EN,,.C'"I'I'I'I'I'I~Y~N~EI~ JEFFREY A. COSTELLO, ASSISTANT PLANNING DIRECT~ MEETING OF JANUARY 6, 2004 ~CONSENT AGENDA** ACCEPTANCE OF AN EASEMENT DEED AND AGREEMENT FOR SIDEWALK IMPROVEMENTS FOR JOHN REMUS SERVICES. The action requested of the City Commission is that of acceptance of a 5' sidewalk easement deed and an agreement between the City and John Remus Services to allow the deferral of a portion of required sidewalk improvements along SE 2"d Avenue associated with the construction of a 9-space parking lot. The subject property is located at the southwest corner of SE 2nd Street and SE 2"d Avenue, within the CBD-RC (Central Business District - Railroad Corridor) zoning district. At its meeting of August 27, 2003, the Site Plan Review and Appearance Board (SPRAB) approved the site plan for a new 9-space parking lot and associated landscaping with the condition that a 5' right-of-way dedication be provided along SE 2"0 Avenue prior to issuance of a building permit. In conjunction with the site plan, the Board approved deferral of the installation of the required sidewalk along SE 2nd Avenue provided that the owner enters into an Agreement/Covenant acceptable to the City Attorney to install the sidewalk when required by the City. The property owner has concerns that by dedicating the right-of-way, the warehouse at the southeast corner of the site will no longer comply with the 10' building setback requirement along SE 2"d Avenue, and felt it was inappropriate to install the sidewalk the entire length of the property (along SE 2nd Ave) in conjunction with this proposal. The Development Services Management Group (DSMG), which is comprised of the City Manager and Department Heads involved with development review, determined that a 5' sidewalk easement (293.19') could be accepted in lieu of the dedication, the sidewalk should only be installed along the north half of the property (141.52'), adjacent to the proposed parking lot at this time, and supported deferral of the balance (151.67'). The installation of sidewalks and provision of pedestrian connections are important elements of the adopted Downtown Delray Beach Master Plan, the City's Comprehensive Plan and the draft of the Osceola Park Redevelopment Plan. It is noted that under the direction of the City Commission, sidewalk deferral agreements are no longer being accepted. However, the deferral for the south portion of the sidewalk is appropriate as the proposed improvements are limited to the north half of the property and does not involve significant modifications to or redevelopment of the entire property. The attached sidewalk deferral agreement shall run with the land and be binding on the parties' heirs, assigns and successors. The City Attorney's office has reviewed and approved the attached easement deed and agreement as to form and sufficiency. The applicant agrees with staff's recommendation and has submitted the Consent Agenda Form. By motion, accept the 5' sidewalk easement deed and approve the sidewalk deferral agreement for John Remus Services for the south 151.67' of sidewalk. Attachments: 5' Sidewalk Easement Deed, Sidewalk Deferral Agreement & Location Map (~ ~ COMMUNIT1 CENTER LANTIC S.W. 1ST ST. S,W. 2ND ST. S.W, 3RD S.W. 4TH ST. DRUG ABUSE FOUNDANON OF PALM BEACH COUNTY CITY OF DELRAY BEACH PUBLIC WORKS COMPLEX S.W. 6TH ST. S.E. 2ND AVENUE ST. ST. s.e. 3RD ST. JOHN REMUS SERVICES CITY COMMISSION DOCUMENT MAP 114 & 240 S.E. 2ND ST. SUBJECT ~ SUPPLEMENTAL DATA FOR INFORMA TONAL PURFOSES ONL ~ TRACT:#65.02 j W~ ~E ABANDONMENT OF A PORTION OF A 12-FOOT WIDE DRAINAGE EASEMENT WITHIN THE PLAT OF LINTON CENTER (NOW LAKEVlEW APARTMENTS), LOCATED ON THE EAST SIDE OF S.W. 10TM AVENUE, SOUTH OF LINTON BOULEVARD. The request involves abandoning a portion of a 12' wide drainage easement located on the plat of Linton Center, now known as Lakeview Apartments plat (a.k.a. Lincoln Park development). This development is located on the east side of S.W. 10t~ Avenue, south of Linton Boulevard. The subject easement was originally dedicated as a drainage easement on the plat of Linton Center (Plat Book 39, Pages 8-9) for maintenance of drainage facilities and for ingress-egress purposes. The plat of Linton Center was recorded on January 15, 1980. On October 27, 1981, the plat of Linton Center was replatted by the plat of Lavers North and a new drainage easement was dedicated as a replacement. The new drainage easement was revised to fit/accommodate the site plan changes associated with the Lavers North development. With the development of Lavers North, a five-story building was constructed over a portion of the odginal 12' drainage easement. The entire area was once again replatted with the recordation of the plat of Lakeview Apartments (Plat Book 99, Pages 131-134) on July 31, 2003 and only the replacement easement was carried over and shown on the new plat. The entire development was recently acquired by RAM Development and concerns were raised as to whether the original easement, dedicated on the plat of Linton Center, still exist even though the property was replatted by the plat of Lavers North and Lakeview Apartments. Although easements that are knowingly omitted from replats are considered abandoned, the applicants attorneys have recommended that the official abandonment process be undertaken. Pursuant to LDR Section 2.4.6 (P) (5) the following finding must be made prior the City Commission granting an abandonment: The abandonment will not result in the detriment for the provision of utility services to the adjacent properties or the general area. The City's Environmental Services Department (water & sewer service), Florida Public Utilities Company (gas service), Florida Power & Light, BellSouth, and Adelphia Cable have reviewed the request and did not locate any facilities within the original easement area; therefore, they have no objection to the abandonment. The request currently before the City Commission is to formally abandon a portion of this drainage easement through special instrument (City Resolution) in order to satisfy any concerns about the status of the easement. By motion, approve the abandonment of a portion of the 12' wide drainage easement; located on the plat of Linton Center (now Lakeview Apartments), based upon positive findings with respect to LDR Section 2.4.6(P)(5), Abandonment of Public Easements. MAROONE ~ SOU THRIDGE o VILLAGE ~- $OUTHRIDGE DODGE ~ CONDO ~ CONDO LIN TON BOULEVARD I ! LINTON INTERNA TIC ~NAL PLAZA ~ - ABANDONMENT - ~ o[~A~ ~[Ac., ~ PORTION OF A 12' WIDE D~GE ~SEME~ RESOLUTION NO. 0~-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF A 12' WIDE DRAINAGE EASEMENT LOCATED ON THE PLAT OF LINTON CENTER (NOW LAKEVIEW APARTMENTS), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A". WHEREAS, the City of Deltay Beach, Florida, received an application for abandonment of a portion of a 12' wide drainage easement located on the plat of Linton Center (Plat Book 39, Pages 8-9), now known as Lakeview Apartments (Plat Book 99, Pages 131-134); and WHEREAS, the application for abandonment of said easement was processed pursuant to Section 2.4.6(P), "Abandonment of Public Easements", of the Land Development Regulations of the City of Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6(P)(3)(c), the application was forwarded to the City Commission with the recommendation that the abandonment be approved, based upon positive findings; and WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR Section 2.4.6(P)(5), finds that the abandonment will not result in detriment for the provision of utility services to adjacent properties or the general area, that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said easement, as more particularly described in Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOI.I.OWS: Section 1. That the foregcfmg recitals are hereby incorporated herein by this Section 2. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, more particularly described in Exhibit "A": PASSED AND ADOPTED in regular session on this the ~ 2004. day of MAYOR ATI'EST: City Clerk 2 RESOLUTION NO. 3-04 EXHIBIT "A" LEGAL DESCRIPTION: A portion of Trocts 'B', 'C' end 'D' of LAKE'ViEW APARTMENTS occordlng to the Ptot thereof, os recorded in Plot Book 99, et Poges 131 thru 134 of the Public Records of Pelto ~eoch County, Florido. being more porBculorly described os follows: Commence et the most Southerly Southeost corner of sold Troct "C' of sold LAKEVlEW APARTMENTS; thence North 21'00'00' Eost olong the Southeosterly exterior boundory llne of so;d Troct 'C" for 518.48 feet; thence North 84'07*58~ Eost olong the Southerly exterior boundo~y line of sold Troct 'C' for 2.3.92 feet to the Point of Beginning of the hereinofter described 40.00 foot wide drolnoge eosement to be vecoted; thence North 03°4B'21~ West olong the centerllne of sold 40.00 foot wide dro~noge eosement to be vocoted os shown on the Plot of LINTON CENTER occordlng to the Plot thereof, os recorded in Plot Book .39 et Poges 8 end 9 of sold Public Records of Pelto Beech County. Florldo, for 55.50 feet to the Point of TermlnoBon of sold 40.00 foot wide drolnoge eosement to be vocoted else being the Point of Beginning of the herelnofter described 12.00 foot wide droinoge eosement to be vocoted; thence Nodch 65'22'06' West olong the centerline of sold 12.00 foot wide dro;noge eosement to be vocoted os shown on sold Plot of LINTON CENTER for 505.71 feet to o point on the Northwesterly exterior boundory llne of sold Troct #0# else being the Soutbeosterly rlght-of-woy llne of Southwest 10th Avenue os shown on sold Plot of LAKE%qEW APARTMENTS being the Point of Termlnotion of so;d 12.00 foot wide drolnoge eosement to be SURVEYOR'S NOTES: SURVEYOR'S CERTIFICATION: FORTIN, ~NC., LB3653 DRAINAGE EASEMENT VAOATION "D..,.. Dy OCEJR ¢ DESCRIPTION. NOTES & CERTIFICATION ) ~,,~e 9/26/05 c,,~. so. 03,.9. FORTIN, LEAVY, S KILES, INC. s**~e NONE Ref. Dwg. 2098--086-- 1 CONSULTING ENGINEERS, SLrp. vEYORS & MAPPERS Job. No. 031494 EXHIBIT "A" NORTH 1/4 CORNER ~ TNORTH LINE OF 4 SECTION 29-46-45 ~ \SECTION 29-46- -- -- -~LINTON BOULEVARD DRAINAGE ~ EASEMENT ~ , ~11/ / , P/ll .; .-, ~_ / ~ ~,~ x~k ~ ~ -~ . LOCATION MAP DRAINAGE EASEMENT VACATION Drawn By DCFJR ~ LOCATION MAP ~ Da~e 9/26/0~ Dad. No. 031494 FORT~, LEA~, S ~ES, ~C. s~.~. NOT TO S~LE 2098-086-1 CONS~G j~jjJ L E a E N O TRACT"C" ~--~ / ST. TROPEZ AT DEL~Y B~CH ~ ~ ~ / P.B. ~, PGS. ~, 49 PBCR ~ / G~APH[C SCA~ POINT OF COMMENCEMENT MOST SOU~ERLY SOUTHEAST CORNER OF TRACT "C" / ( IN ~E~ ) //DRAINAGE EASEMENT VACATION MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~- REGULAR MEETING OF JANUARY 6, 2004 RESOLUTION NO. 4-04 JANUARY 2, 2004 This is a resolution assessing costs for abatement action required to remove nuisances on nine (9) properties throughout the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 4-04. AgmemoCE.Res No 4-04 RESOLUTION NO. 4-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property; and, WHEREAS, the property owner(s) n~med in the llst attached hereto and made a part hereof did fall and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Administration or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the llst attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Co~m{esion a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved~ and, WHEREAS, the City Comm/ssion of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY TH~ CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS= Section 1. That assessments in the individual ~mounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and mede a part hereof, are hereby levied against the parcel(s) of land described in said report and in the ~mount{s) indicated thereon. Said assessments so levled shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the s~me nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to imediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Co---4ssion of the City of Delray Beach on the has levied an assessment against said property for the cost of ebatament of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall he mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty {30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording 2 Res. No. 4-04 of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs includin~ a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the ~ay of · 2004. MAYOR ATTEST: City Clerk 3 Rcs. No. 4-04 COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT OSCEOLA PARK, W 63.36 FT OF LOTS 28, 29 & 30, BLOCK 7, PB 3, P 2, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (629 SE 2ND AVENUE) PC Cf 12 43 46 21 01 007 0281 BEN & IRIS D. HAMMETT CUSTOMER ID # 6256 2996 BYINGTON CIRCLE TALLAHASSEE, FL 32303-2504 $ 31.00 $ 55.00 ADMFEE DELRAY BEACH HIGHLANDS SECTION 1, LOT 24, BLOCK 2, PB 26, P 209, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (2043 SW 13TH STREET) TERESA A. DIAZ PC Cf 12 43 46 19 02 002 0240 2043 S.W. 13TH STREET CUSTOMER ID # 10277 DELRAY BEACH, FL 33445 $ 31.00 $ 55.00 ADM FEE DELRAY BEACH ESPLANADE, LOT 12, PB 18, P 39 LOT 12, PB 18, P 39, PUBLIC RECORDS OF PALM BEACH COUNTY, FL M. CHALAL & (1007 N. VISTA DEL MAR DRIVE) JOSEPH & GRAFF CHALAL PC Cf 12 43 46 16 18 000 0120 6024 LELAC ROAD CUSTOMER ID Cf 10278 BOCA RATON, FL 33496 $ 55.25 $ 55.00 ADM FEE DELRAY SHORES 1ST ADDITION, LOT 18, BLOCK 15, PB 24, P 232, PUBLIC RECORDS OF PALM BEACH COUNTY, FL SECRETARY OF HOUSING & (2655 DORSON WAY) URBAN DEVELOPMENT PC Cf 12 43 46 07 02 015 0180 909 S.E. 1 ST AVENUE # 500 CUSTOMER ID # 8389 MIAMI, FL 33131 $ 68.50 $ 55.00 ADM FEE DEL IDA PARK, LOT 20, BLOCK 13, (DEL-IDA PARK HISTORIC DISTRICT) PB 9, P 52, BERNARD JUROVIESKY & PUBLIC RECORDS OF PALM BEACH COUNTY, FL KIMBERLY JUROVIESKY (609 N.E. 3RD AVENUE) 7313 ANDORRA PLACE PC Cf 12 43 46 09 29 013 0200 BOCA RATON, FL 33433 CUSTOMER ID Cf 10146 $ 48.50 $ 55.00 ADM FEE 4 COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER THE CODE OF ORDINANCE TOWN OF DELRAY, LOT 3, BLOCK 47, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL ROBERT G. ALLEN & 206 SW 2ND AVENUE) PATRIClA ALLEN PC # 12 43 46 16 01 047 0030 206 SW 2ND AVENUE ;USTOMER ID # 60 DELRAY BEACH, FL 33444 $ 57.50 $ 55.00 ^DM FEE TOWN OF DELRAY, S 66 FT OF N 186.51 FT OF W 135 FT OF BLOCK 123, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 133 N.E. 7TH AVENUE) PC # 12 43 46 16 01 123 0010 BARBARA DOOLEY CUSTOMER ID # 10019 133 N.E. 7TH AVENUE DELRAY BEACH, FL 33483 $ 55.25 $ 55.00 ADM FEE SEC 17-46-43, S 50 FT OF W 135 FT (LESS W 25 FT RD R/W) OF S 1/2 OF N 1/2 OF LOT 6, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 1119 N.W. 1 ST STREET) ETHEL SCOTT ESTATE PC # 12 43 46 17 42 006 0090 77 2ND STREET CUSTOMER ID # 92 CANANDAIGU~ NY 14425 $ 70.75 $ 55.00 ADM FEE LINNS ADDITION TO OSCEOLA PARK, DELRAY LOTS 22 &23, BLOCK 95, PB 1, P 133, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 238 SE 4TH AVENUE - VACANT LOT SO OF 238) FREDERICK HOFFMAN PC # 12 43 46 16 04 095 0220 498 HARDWOOD PLACE CUSTOMER ID # 553 BOCA RATON, FL 33431-6574 $ 42.00 $ 55.00 ADM FEE VIOLATION IS: SECTION 100-01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS, DECLARED NUISANCE. I I 5 RESOLUTION NO. 1-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DRLRAY BEACH, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING MUNICIPAL ISSUES DURING THE 2004 LEGISLATIVE SESSION. WHEREAS, legislation passed (HB l13A) during the 2003 Special Session "A" that is the implementation of Article V, a 1998 constitutional amendment, that requires the state to fund the county court system; and WHEREAS, HB l13A prohibits state attorneys from appearing in county courts for the purpose of prosecuting munidpal ordinances; and WHEREAS, the bill also prohibits a mun/dpality from contracting with a state attorney for the prosecution of munidpal ordinances, and public defenders will not be allowed to represent indigents charged with ordinance violarions; and WHEREAS, HB l13A requires a filing fee of $200 for each code or ordinance violation; and WHEREAS several dries carry out code enforcement through a dtarion process, which is filed through the county court system; and WHEREAS many of the fines for these dtarions are less than half of the proposed $200 filing fee, which would make the dtafion process ineffective for code enforcement activities; and WHEREAS the intent of the Munidpal Revenue Sharing hold harmless provision in HB 113A was to not reduce any revenues currently shared with munidpalities; and WHEREAS dean drinking water is a predous resource that must be adequately planned for to meet the needs of future growth in Florida; and WHEREAS dries are implementing several irmovarive methods to assure an adequate supply of drinking water is available for its dtizens; and WHEREAS efforts were made during the 2003 legislative session to mandate that dries establish water conservation rote structures, impose drought rates, require submetering in apartment buildings or condos, mandate statewide irrigarion standards, implement "informative bilYmg", and meter reclaimed water; and WHEREAS, municipalities would be negatively impacted by legislation mandating conservation measures on a "one size fits all" approach and many of the conservation measures being considered had no demonstrable conservation benefit but will be very expensive to implement; and WHEREAS, the geographic emphasis and restrictive nature of Florida's current annexation policy has negatively impacted Florida's municipalities by inhibiting thek economic vitality, creating inefficient service delivery and subsidizing urban sprawl; and WHEREAS, the current law has actually made it more difficult for municipalities to provide municipal services in the urbanizing areas in comparison to counties and special districts; and WHEREAS, Florida's tremendous population growth and inflexible annexation policies cause disruption in historical service delivery responsibilities and result in a continuous conflict and inefficiencies in the financing and delivery of many local public services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, THAT: Section 1. The City of Delray Beach urges Governor Jeb Bush and members of the Florida Legislature to support legislation that: Preserves the authority of individual local governments to determine and implement the specific water conservation measures required under a water use permit, and which preserves a local government's control over reclaimed water that is created by the local government. Section 2. The City of Delray Beach urges Governor Jeb Bush and members of the Florida Legislature to support legislation that: Allows municipalities to contract for the services of public defenders and state attorneys to enforce local ordinances; and Eliminates the fee schedules for the enforcement of municipal code or ordinance viohtions. Provides a modification of the distribution formula for revenues transferred from the Half- Cent Sales Tax Program to the Revenue Sharing Trust Fund for Municipalities. Section 3. The City of Delray Beach urges Governor Jeb Bush and members of the Florida Legislature to support legislation that: 2 RES. NO. 1-04 Strengthens the ability of municipalities to eliminate all enclaves regardless of size or use, and provides reasonable procedures m expeditiously annex areas that are contiguous to their bonndades. Section 4. That a copy of this resolution shall be provided to Governor Jeb Bush, Senate President Jim King, House Speaker Johnnie Byrd and members of the Florida Legislature. PASSED AND ADOPTED this day of ~ 2004. MAYOR ATI'I~ST: City Clerk 3 RES. NO. 1-04 Memorandum LEAGUE OF CITIES INC. To: From: Date: Re: Members of Florida League of Cities, Inc. Dottie Reeder, President Mayor, City of Seminole December 10, 2003 Request for Resolution At the recent Florida League of Cities' Legislative Conference last month, the FLC Board of Directors adopted a new initiative to enhance the Legislature's awareness of the League's priority issues. This new plan calls on each of Florida's 408 cities to adopt a resolution that supports the League's key priority issues. These key issues that were recently adopted by the :League-membership, at recent Legislative Conference address three main areas: · Making revisions to the Article V bill dealing with prosecution of municipal ordinance violations; · Legislation that promotes water conservation incentives for Florida's cities; and · Annexation Reform, particularly relating to annexing enclaves Enclosed is a draft resolution that we are asking your city to adopt at the next available council/commission meeting. We would then like you to send copies of that resolution to Governor Jeb Bush, Senate President, Jim King, Speaker of the House, Johnnie Byrd, your House and Senate members and a copy to the Florida League of Cities no later than Friday, February 6, 2004. Also enclosed, is a list of addresses for the Governor, Senate President; Speaker of the House and a House' and Senate directory with addresses for your legislators. Should you have any questions or require additional information, please contact John Thomas at the Florida League of Cities at (800) 342-8112. Thank you for your assistance. Enclosu res 301 South Bronough Street · Post Office Box 1757 · Tallahassee, FL 32302-1757 Telephone (850) 222-9684 , Suncom 278-5331 , Fax (850) 222-3806 * Internet:http://fcn.state.fLus/flc/ Please send a copy of your City's resolution to the following no later than Friday, February 6, 2004: The Honorable Jeb Bush Governor, State of Florida Plaza Level 05, The Capitol 400 South Monroe Street Tallahassee, Florida 32399-0001 Phone: (850) 488-4441 Fax: (850) 487-0801 The Honorable Jim King President of the Senate Suite 409, The Capitol 404 South Monroe Street Tallahassee, Florida 32399-1100 Phone: (850) 487-5030 Fax: (850) 487-5368 /ne Honorable Jonnnle ~yra, Jr. ~" -" - ...... Speaker of the House of Representatives Suite 420, The Capitol 402 South Monroe Street Tallahassee, Florida 32399-1300 Phone: (850) 488-0807 Fax: (850) 488-1456 Your House and Senate Members see attached directories for mailing information Jenny Anderson, Legislative Assistant Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, Florida 32302-1757 Phone: (800) 342-8112, extension 119 Fax: (850) 222-3806 DRAFT RESOLUTION FOR FLC LEGISLATIVE PRIORITIES Please provide copies of your adopted resolution to the Governor, Senate President, Speaker of the House, House and Senate Members of your legislative district(s) and to the FLC no later than Friday, February 6, 2004. A RESOLUTION OF THE CiTY OF URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING MUNICIPAL ISSUES DURING THE 2004 LEGISLATIVE SESSION WHEREAS, legislation passed (HB 113A) during the 2003 Special Session "A" that is the implementation of Article V, a 1998 constitutional amendment, that requires the state to fund the county court system; and WHEREAS, HB 113A prohibits state attorneys from appearing in county courts for the purpose of prosecuting municipal ordinances; and WHEREAS, the bill also prohibits a mumc~pality from contracting with a state attorney for the prosecution of municipal ordinances, and public defenders will not be allowed to represent indigents charged with ordinance violations; and WHEREAS, HB 113A requires a filing fee pf $200 for each code ordinance violation; and ' -' '~ ~ -- ~ ' '~ ........ ;'~' :' -'-~ :- - WHEREAS several cities enforce code enforcement through a citation process, which are filed through the county court system; and WHEREAS, many of the fines for these citations are less than half of the proposed $200 filing fee, which would make the citation process ineffective for code enforcement activities; and WHEREAS, the intent of the Municipal Revenue Sharing hold harmless prowsion in HB 113A was intended to not reduce any revenues currently shared with municipalities; and WHEREAS, clean drinking water is a precious resource that must be adequately planned for to meet the needs of future growth in Flodda; and WHEREAS cities are implementing several innovative methods to assure an adequate supply of drinking water is available for its citizens; and WHEREAS efforts were made during the 2003 legislative session to mandate that cities establish water conservation rate structures impose drought rates, require submetering in apartment buildings or condos, mandate statewide irrigation standards, implement "informative billing", and meter reclaimed water; and WHEREAS, municipalities would be negatively impacted by legislation mandating conservation measures on a "one size fits all" approach and many of the conservation measures being considered had no demonstrable conservation benefit but will be very expensive to implement; and WHEREAS, the geographic emphasis and restrictive nature of Florida's current annexation policy has negatively impacted Florida's municipalities by inhibiting their economic vitality, creating inefficient service delivery and sub'sidizing urban sprawl; and WHEREAS, the current laW has actually made it more difficult for municipalities to provide municipal services in the urbanizing areas in companson to counties and special districts; and WHEREAS, Florida's tremendous population growth and inflexible annexation policies causes disruption in historical service delivery responsibilities and results in a continuous conflict and inefficiencies in the financing and delivery of many local public services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF Section 1. That the City of . urges Govemor Job Bush and members of the Florida Legislature to support legislation that: =determine measures required under a water use permit, and which preserves a local government's control over reclaimed water that is created by the local government Section 2. That the City of urges G0vemor Jeb Bush and members of the Florida Legislature to support legislation that: Allows municipalities to contract for the services of public defenders andstate attorneys to enforce local ordinances; and Eliminates the fee schedules for the enforcement of municipal code or ordinance violations. Provides a modification of the distribution formula for revenues transferred from the Half-Cent Sales Tax Program to the Revenue Sharing Trust Fund for Municipalities. Section 3. That the City of urges Governor Jeb Bush and members of theFlorida Legislature to support ~egislation that: Strengthens the ability of municipalities to eliminate all enclaves regardless of size or use, and provides reasonable procedures t.o expeditiously annex areas that are contiguous to their boundaries. Section 4. That a copy ofthis resolution shall be provided to Govemor Jeb Bush, Senate President Jim King, House Speaker Johnnie Byrd and members of the Florida Legislature. PASSED AND ADOPTED by the City of 2003 or 2004. , this __th Day of [ITY JIF I]ELAflY BEflrH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 DATE: TO: MEMORANDUM December 16, 2003 City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Resolution Adopting the Amended and Restated Plan and Trust Documents for the ICMA 457 Plan Certain changes have been made to the ICMA 457 Deferred Compensation Plan, reflecting changes in the law, as a result of the adoption of recently finalized 457 regulations adopted pursuant to the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA). Attached, for your information, is a chart explaining the regulatory changes. Also attached is a Resolution adopting the Restated Plan and Trust Document which is attached as Appendix "A" to the Resolution and incorporated therein. By copy to David Harden, City Manager, please place this Resolution on the January 6, 2004 consent agenda for approval. Once approved, the City's revised Declaration of Trust shall automatically be deemed implemented by the City. Please call if you have any questions. Cc: David Harden; C'~y Mam~jer Barbara Gadto, City Clerk Joe Safford, Finance Director Glenda Rivera, Payroll Administrator RESOLUTION NO. 2-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING THE AMENDED AND RESTATED PLAN AND TRUST DOCUMENT FOR THE ICMA RETIREMENT CORPORATION SECTION 457 DEFERRED COMPENSATION PLAN EFFECTIVE JANUARY 1, 2004; PROVIDING THAT THE ASSETS OF THE PLAN SHALL BE HELD IN TRUST FOR THE EXCLUSIVE BENEFIT OF PLAN PARTICIPATES AND THEIR BENEFICIARIES; PROVIDING THAT THE PLAN WILL NOT PERMIT LOANS; PROVIDIING AN EFFECTIVE DATE. WHEREAS, the City of Dekay Beach has previously established and maintains a deferred compensation plan for certain of its employees which is administered by the ICMA Retirement Corporation ICMA-RC); and, WHEREAS, the City's deferred compensation plan benefits the City and its employees by providing reasonable retirement security for employees and increased flexibility in the City's personnel management system, and by assisting in the attraction and retention of competent personnel; and, WHEREAS, the ICMA-RC is using a negative election process wherein no notification is necessary to ICMA-RC to take advantage of changes in the law; and, WHEREAS, however, the City for its own record keeping seeks to adopt this resolution which adopts the amended and restated plan; and, WHEREAS, amendments to the U.S. Internal Revenue Code have been enacted that require changes to the structure of and allow enhancements of the benefits of the deferred compensation plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLOR1DA, AS FOLLOWS: Section 1. That the City hereby amends and adopts the restated ICMA Retirement Corporation Deferred Compensation Plan and Trust (the "Plan"), attached hereto and made a part hereof as Appendix Section 2. That the assets of the Plan shall be held in trust, with the City serving as Trustee, for the exclusive benefit of the Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose. The City hereby agrees to serve as trustee under the Plan. The Tmstee's beneficial ownership of Plan assets held in the Vantage Trust shall be held for the further exclusive benefit of the Plan participants and their beneficiaries. Section 3. That the Plan will not permit loans to participants. PASSED AND ADOPTED in regular session on this the day of January, 2004. ATTEST: MAYOR City Clerk 2 RES. NO. 2-04 Deferred Compensation Plan &TRUST ICM )N The ~, 1972 DEFERRED COMPENSATION PLAN & TRUST As Amended and Restated Effective January 1, 2001 Article I. Purpose The Employer hereby establishes the Employer's Deferred Compensation Plan and Trust, hereafter referred to as the "Plan." The Plan consists of the provisions set forth in this document. The primary purpose of this Plan is to provide retirement income and other deferred benefits to the Employ- ees of the Employer and the Employees' Beneficiaries in accordance with the provisions of Section 457 of the Internal Revenue Code of 1986, as amended (the "Code"). This Hah shall be an agreement solely between the Employer and partidpating Employees. The Plan and Trust forming a part hereof are established and shall be maintained for the exclusive benefit of Participants and their Beneficiaries. No part of the corpus or income of the Trust shall revert to the Employer or be used for or diverted to purposes other than the exdusive benefit of Participants and their Beneficiaries. Article II. Definitions 2.01 Account: The bookkeeping account maintained for each Participant reflecting the cumulative amount of the Participant's Deferred Compensation, including any income, gains, losses, or increases or decreases in market value attributable to the Employer's investment of the Participant's Deferred Compensation, and further reflecting any distributions to the Participant or the Participant's Beneficiary and any fees or expenses charged against such Participant's Deferred Compensation. 2.02 Aecoum:,*g Date: Each business day that the New York Stock Exchange is open for trading, as pro- vided in Section 6.06 for valuing the Trust's assets. 2.03 Administrator:. The person or persons named to carry out certain nondiscretionary administrative functions under the Plan, as hereinafter described. The Employer may remove any person as Administrator upon 60 days' advance notice in writing to such person, in which case the Employer sh~ name another person or persons to act as Administrator. The Administrator may resign upon 60 days' advance notice in writing to the Employer, in which case the Employer shall name another person or persons to act as Admin- istrator. 2.04 Automatic Distribution Date: Prior to January 1, 2002, "Automatic Distribution Date" m~ans the 60th day of the calendar year after the Plan Year of the Participant's Retirement or any other date permitted under the regulations promulgated under Code section 457. On and after January 1, 2002, "Automatic Disttibution Date" means April 1 of the calendar year after the Plan Year the Participant attains age 70-1/2 or, if later, has a Severance Event. 2.05 Beneficiary: The person or persons designated by the Participant in his or her Joinder Agreement who shall receive any benefits payable hereunder in the event of the Participant's death. In the event that the Participant names two or more Beneficiaries, each Beneficiary shall be entided to equal shares of the benefits payable at the Partidpant's death, unless otherwise provided in the Partidpant's Joinder Agreement. If no beneficiary is designated in the Joinder Agreements if the Designated Beneficiary predeceases the Participant, or if the designated Beneficiary does not survive the Participant for a period of fifteen (15) days, then the estate of the Participant shall be the Beneficiary. If a married Participant resides in a community or marital property state, the Participant shall be responsible for obtaining appropriate consent of his or her spouse in the event the Participant designates someone other than his or her spouse as Beneficiary. 2.06 Deferred Compensation: The mount of Normal Compensation otherwise payable to the Participant which the Participant and the Employer mutually agree to defer hereunder, any amount credited to a Partici- pant's Account by reason of a transfer under Section 6.09, a rollover under Section 6.10, or any other amount which the Employer agrees to credit to a Participant's Account. 2.07 Dollar l.lmitation: The applicable dollar amount within the meaning of Section 457(b)(2)(A) of the Code, as adjusted for the cost-of-living in accordance with Section 457(e)(15) of the Code. 2.08 Employee: .Any individual who provides services for the Employer, whether as an employee of the Employer or as an independent contractor, and who has been designated by the Employer as eligible to participate in the Plan. 2.09 Employen , which is a political subdivision, agency or instrumentality of the [State/Commonwealth] of _, within the meaning of Section 414(d) of the Code and Section 3(32) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"). 2.10 457 Catch-Up Dollar Limitation: Prior to January 1, 2002, "457 Catch-Up Dollar Limitation" means $15,000. On and afrer January 1, 2002, "457 Catch-Up Dollar Limitation" means twice the Dollar Limitation. 2.11 Includible Compensation: The amount of an Employee's compensation from the Employer for a taxable year that is attributable to services performed for the Employer and that is includible in the Employ- ee's gross income for the taxable year for federal income tax purposes as defined in Section 457(e)(5) of the Code; such term does not include any amount excludable from gross income under this Plan or any other plan described in Section 457(b) of the Code or any other amount excludable from gross income for federal income tax purposes. Indudible Compensation shall be determined without regard to any community property laws. 2.12 Joinder Agreement: An agreement entered into between an Employee and the Employer, induding any amendments or modifications thereof. Such agreement shall fix the amount of Deferred Compensation, specify a preference among the investment alternatives designated by the Employer, designate the Employee's Beneficiary or Beneficiaries, and incorporate the terms, conditions, and provisions of the Plan by reference. 2.13 Normal Compensation: The amount of Compensation which would be payable to a Participant by the Employer for a taxable year if no Joinder Agreement were in effect to defer compensation under this Plan. 2.14 Normal l.:m;tatiom The maximum amount of Deferred Compensation for any Participant for any taxable year (other than amounts referred to in Sections 6.09 and 6.10). 2.15 Normal Retirement Age: Age 70-1/2, unless the Participant has elected an alternate Normal Retire- ment Age by written instrument delivered to the Administrator prior to a Severance Event. A Participant's Normal Retirement Age determines the period during which a Participant may utilize the 457 Catch-Up Dollar Limitation of Section 5.02(b) hereunder. Once a Participant has to any extent utilized the catch-up limitation of Section 5.02(b), his Normal Retirement Age may not be changed. A Participant's alternate Normal Retirement Age may not be earlier than the earliest date that the Participant will become eligible to retire and receive unreduced retirement benefits under the Employer's basic retire- ment plan covering the Participant and may not be later than the date the Participant will attain age 70-1/2. Ifa Participant continues employment after attaining age 70-1/2, not having previously elected alternate Normal Retirement Age, the Participant's alternate Normal Retirement Age shall not be later than the mandatory retirement age, if any, established by the Employer, or the age at which the Participant actually has a Severance Event if the Employer has no mandatory retirement age. If the Participant will not become eligible to receive benefits under a basic retirement plan maintained by the Employer, the Participant's alternate Normal Retirement Age may not be earlier than age 55 and may not be later than age ,70-1/2. 2.16 Participant: Any Employee who has joined the Plan pursuant to the requirements ofArtide 1M. 2.17 Percentage Limltadom Prior to January 1, 2002, the Percentage Limitation means 33 1/3 percent of the participant's Includible Compensation for the taxable year, which will ordinarily be equivalent to the lesser of the Dollar Limitation in effect for the taxable year or 25 percent of the Participant's Normal Com- pensation. After December 31, 2001, the Percentage Limitation means 100 percent of the participant's Includible Compensation for the taxable year, which will ordinarily be equivalent to the lesser of the Dollar Limitation in effect for the taxable year or 50 percent of the Participant's Normal Compensation. 2.18 Plan Year: The calendar year. 2.19 Retirement: The first date upon which both of the following shall have occurred with respect to a participant: Severance.[e~vent and attainment of age 65. 2.20 Severance Event: Prior to January 1, 2002, severance of the Participant's employment with the Em- ployer that constitutes a "separation from service" within the meaning of Section 402(e)(4)(D)(iii) of the Code. After December 31, 2001, a Severance Event means a severance of the Participant's employment with the Employer within the meaning of Section 457(d) ( 1 ) (A)(ii) of the Code. In general, a Participant shall be deemed to have experienced a Severance Event for purposes of this Plan when, in accordance with the established practices of the Employer, the employment relationship is consid- ered to have actually terminated. In the case of a Participant who is an independent contractor of the Em- ployer, a Severance Event shall be deemed to have occurred when the Participant's contract under which services are performed has completely expired and terminated, there is no foreseeable possibility that the Employer will renew the contract or enter into a new contract for the Participant's services, and it is not anticipated that the Participant will become an Employee of the Employer, or such other events as may be permitted under the Code. 2.21 Trust: The Trust created under Article VI of the Plan which shall consist of all compensation deferred under the Plan, plus any income and gains thereon, less any losses, expenses and distributions to Participants and Beneficiaries. Article HI. S*dministration 3.01 Duties of the Employer:. The Employer shall have the authority to make all discretionary decisions affecting the rights or benefits of Participants which may be required in the administration of this Plan. The Employer's decisions shall be afforded the maximum deference permitted by applicable law. 3.02 Duties of Adm~nistraton The Administrator, as agent for the Employer, shall perform nondiscretionary administrative functions in connection with the Plan, induding the maintenance of Par- ddpants' Accounts, the provision of periodic reports of the status of each Account, and the disbursement of benefits on behalf of the Employer in accordance with the provisions of this Plan. Article I~. Participation in the Plan 4.01 Initial Participation: An Employee may become a Participant by entering into a Joinder Agreement prior to the beginning of the calendar month in which the Joinder Agreement is to become effective to defer compensation not yet earned, or such other date as may be permitted under the Code. 4,02 Amendment of Joinder Agreement: A Participant may amend an executed Joinder Agreement to change the amount of Normal Compensation not yet earned which is to be deferred (including the reduc- tion of such future deferrals to zero). Such amendment shall become effective as of the beginning of the calendar month commencing after the date the amendment is executed, or such oth~ff date as may be per- mitted under the Code. A Participant may at any time amend his or her Joinder Agreement to change the designated Beneficiary, and such amendment shall become effective immediately. ArtideV. Limitadons on Deferrals 5.01 Normal IAmitafion: Except as provided in Section 5.02, the maximum amount of Deferred Com- pensation for any Participant for any taxable year, shall not exceed the lesser of the Dollar Limitation or the Percentage Limitation. 5.02 Catch-Up 1 .im}tatioli$: (a) Catch-up Contributions for Participants Age 50 and Over: A Participant who has attained the age of 50 before the dose of the Plan Year, and with respect to whom no other elective deferrals may'be made to the Plan for the Plan Year by reason of the Normal Limitation of Section 5.01, ?~nay enter into a Joinder Agreement to make dective deferrals in addition to those permitted by the Normal Limitation in an amount not to exceed the lesser of (1) the applicable dollar amount as defined in Section 414(v)(2)(B) of the Code, as adjusted for the cost-of-living in accordance with Section 414(v)(2)(C) of the Code, or (2) the excess (if any) of(i) the Paxticipant's compen- sation (as defined in Section 415(c)(3) of the Code) for the year, over (ii) any other elective deferrals of the Participant for such year which are made without regard to this Section 5.02(a). An additional contribution made pursuant to this Section 5.02(a) shall not, with respect to the year in which the contribution is made, be subject to any otherwise applicable limitation con- tained in Section 5.01 above, or be taken into account in applying such limitation to other contributions or benefits under the Plan or any other plan. This Section 5.02(a) shall not apply in any year to which Section 5.02(b) applies. The provisions of this Section 5.02(a) of the Plan shall only apply on and after January 1, 2002. ,(b), Last Three Years Catch-up Contribution: For each of the last three (3) taxable years for a Partici- pant ending before his or her attainment of Normal Retirement Age, the maximum amount of Deferred Compensation shall be the lesser of.' (1) the 457 Catch-Up Dollar Limitation, or (2) the sum of (i) the Normal Limitation for the taxable year, and (ii) the Normal Limitation for each prior taxable year of the Participant commencing after 1978 less the amount of the Partici- pant's Deferred Compensation for such prior taxable years. A prior taxable year shall be taken into account under the preceding sentence only if (x) the Participant was eligible to participate in the Plan for such year (or in any other eligible deferred compensation plan established under Section 457(b) of the Code which is properly taken into account pursuant to regulations under Section 457), and (y) compensation (if any) deferred under the Plan (or such other plan) was subject to the Normal Limitation. 5.023 Other Plans: Notwithstanding any provision of the Plan to the contrary, th~ amount excludible from a Parfidpant's gross income under this Plan or any other digible deferred compensation plan under Section 457(b) of the Code shall not exceed the limits set forth in Sections 457(b) and 414(v) of the Code. Prior to January 1, 2002, the limits under Section 457(b) of the Code described in the first sentence of this Section 5.03 shall be further reduced by any amount excluded from gross income under Sections 401 (k), 402(e)(3), 402(h)(1)(B), and 403(b) of the Code, or any amount with respect to which a deduction is allowable by reason of a contribution to an organization described in Section 501(c)(18) of the Code. Artlde VI. Tn~st and Investment of Accotmts 6.01 Investment of Deferred Compensation: A Trust is hereby created to hold all the assets of the Plan for the exclusive benefit of Participants and Beneficiaries, except that expenses and taxes may be paid from the Trust as provided in Section 6.03. The trustee shall be the Employer or such other person that agrees to act in that capacity hereunder. 6.02 Investment Powers: The trustee or the Administrator, acting as agent for the trustee, shall have the powers listed in this Section with respect to investment of Trust assets, except to the extent that the invest- ment of Trust assets is directed by Participants, pursuant to Section 6.05. (a) To invest and reinvest the Trust without distinction between principal and income in common or preferred stocks, shares of regulated investment companies and other mutual funds, bonds, loans, notes, debentures, certificates of deposit, contracts w!th insurance companies induding but not limited to insurance, individual or group annuity, deposit administration, guaranteed interest contracts, and deposits at reasonable rates of interest at banking institutions induding but not limited to savings accounts and certificates of deposit. Assets of the Trust may be invested in securities that involve a higher degree of risk than investments that have demonstrated their investment performance over an extended period of time. (b) To invest and reinvest all or any part of the assets of the Trust in any common, collective or commingled trust fund that is maintained by a bank or other institution and that is available to Employee plans described under Sections 457 or 401 of the Code, or any successor provisions thereto, and during the period of time that an investment through any such medium shall exist, to the extent of participation of the Plans the dedaration of trust of such commonly collective, or commingled trust fund shall constitute a part of this Plan. (c) To invest and reinvest all or any part of the assets of the Trust in any group annuity, deposit administration or guaranteed interest contract issued by an insurance company or other financial institution on a commingled or collective basis with the assets of any other 457 plan or trust qualified under Section 401(a) of the Code or any other plan described in Section 401(a)(24) of the Code, and such contract may be held or issued in the name of the Administrator, or such custodian as the Administrator may appoint, as agent and nominee for the Employer. During the period that an investment through any such contract shall exist, to the extent of participation of the Plan, the terms and conditions of such contract shall constitute a part of the Plan. (d) To hold cash awaiting investment and to keep such portion of the Trust in cash or cash balances, without liability for interest, in such amounts as may from rime to time be deemed to be reason- able and necessary to meet obligations under the Plan or otherwise to be in the best interests of the Plan. (e) To hold, to authorize the holding of, and to register any investment to the Trust in the name of the Plan, the Employer, or any nominee or agent of any of the foregoing, including the Adminis- trator, or in hearer form, to deposit or arrange for the deposit of secutities in a qualified central depository even though, when so deposited, such securities may be merged and held in hulk in the name of the nominee of such depository with other secutities deposited therein by any other person, and to organize corporations or trusts under the laws of any jurisdiction for the purpose of acquiring or holding tide to any property for the Trust, all with or without the addition of words or other action to indicate that property is held in a fiduciary or representative capacity but the books and records of the Plan shall at all times show that all such investments are part of the Trust. (f) Upon such terms as may be deemed advisable by the Employer or the Administrator, as the case may be, for the protection of the interests of the Plan or for the preservation of the value of an investment, to exercise and enforce by suit for legal or equitable remedies or by other action, or to waive any right or claim on behalf of the Plan or any default in any obligation owing to the Plan, to renew, extend the time for payment of, agree to a reduction in the rate of interest on, or agree to any other modification or change in the terms of any obligation owing to the Plan, to settle, compromise, adjust, or submit to arbitration any claim or right in favor of or against the Plans to exercise and enforce any and all rights of foredosure, bid for property in foreclosure, and take a deed in lieu of foredosure with or without paying consideration therefor, to commence or defend suits or other legal proceedings whenever any interest of the Plan requires it, and to represent the Plan in all suits or legal proceedings in any court of law or equity or before any body or tribunal. (g) To employ suitable consultants, depositories, agents, and legal counsel on behalf of the Plan. (h) To open and maintain any bank account or accounts in the name of the Plan, the Employer, or any nominee or agent of the foregoing, including the Administrator, in any bank or banks. (i) TO do any and all other acts that may be deemed necessary to carry out any of the powers set forth herein. 6.03 Taxes and Expenses: All taxes of any and all kinds whatsoever that may be levied or assessed under existing or future laws upon the Plan, or in respect to the Trust, or the income thereof, and all commissions or acquisitions or dispositions of securities and similar expenses of investment and reinvestment of the Trust, shall be paid from the Trust. Such reasonable'compensation of the Administrator, as may be agreed upon from rime to time by the Employer and the Administrator, and reimbursement for reasonable expenses incurred by the Administrator in performance of its duties hereunder (including but not limited to fees for legal, accounting, investment and custodial services) shall also be paid from the Trust. 6.04 Payment of Benefits: The payment of benefits from the Trust in accordance with the terms of the Plan may be made by the Administrator, or by any custodian or other person so authorized by the Employer to make such disbursement. The Administrator, custodian or other person shall not be liable with respect to any distribution of Trust assets made at the direction of the Employer. 6.05 Investment Funds: In accordance with uniform and nondiscriminatory rules established by the Employer and the Administrator, the Participant may direct his or her Accounts to be invested in one (1) or more investment funds available under the Plan; provided, however, that the Participant's investment direc- tions shall not violate any investment restrictions established by the Employer. Neither the Employer, the Administrator, nor any other person shall be liable for any losses incurred by virtue of following such direc- tions or with any reasonable administrative delay in implementing such directions. 6.06 Valuation of Accounts: As of each Accounting Date, the Plan assets held in each investment fund offered shall be valued at fair market value and the investment income and gains or losses for each fund shall be determined. Such investment income and gains or losses shall be allocated proportionately among all Account balances on a fund-by-fund basis. The allocation shall be in the proportion that each such Account balance as of the immediately preceding Accounting Date bears to the total of all such Account balances as of that Accounting Date. For purposes of this Article, all Account balances include the Account balances of all Participants and Beneficiaries. 6.07 Participant Loan Account: Participant Loan Accounts shall be invested in accordance with Section 8.03 of the Plan. Such Accounts shall not share in any investment income and gains or losses of the invest- ment funds described in Sections 6.05 and 6.06. 6.08 Crediting of Accounts: The Participant's Account shall reflect the amount and value of the invest- ments or other property obtained by the Employer through the investment of the Participant's Deferred Compensation pursuant to Sections 6.05 and 6.06. It is anticipated that the Employer's investments with respect to a Participant will conform to the investment preference specified in the Partidpant's Joinder Agreement, but nothing herein shall be construed to require the Employer to make any particular invest- ment ora Participant's Deferred Compensation. Each Participant shall receive periodic reports, not less frequently than annually; showing the then current value of his or her Account. 6.09 Transfers: (a) Incoming Transfers: A transfer may be accepted from an eligible deferred compensation plan maintained by another employer and credited to a Participant's Account under the Plan if (i) the Participant has had a Severance Event with that employer and become an Employee of the Employer, and (ii) the other employer's plan provides that such transfer will be made. The Employer may require such documentation from the predecessor plan as it deems necessary to effectuate the transfer in accordance with Section 457(e)(10) of the Code, to confirm that such plan is an eligible deferred compensation plan within the meaning of Section 457(b) of the 7 Code, and to assure that transfers are provided for under such plan. The Employer may refuse m accept a transfer in the form of assets other than cash, unless the Employer and the Administra- tor agree to hold such other assets under the Plan. Any such transferred amount shall not be treated as a deferral subject to the limitations of Article V, except that, for purposes of applying the limitations of Sections 5.01 and 5.02, an amount deferred during any taxable year under the plan from which the transfer is accepted shall be treated as if it has been deferred under this Plan during such taxable year and compensation paid by the transferor employer shall be treated as if it had been paid by the Employer. (b) Outgoing Transfers: An amount may be transferred to an eligible deferred compensation plan , maintained by another employer, and charged to a Participant's Account under this Plan, if (i) the Participant has a Severance Event with the Employer and becomes an employee of the other employer, (ii) the other employer's plan provides that such transfer will be accepted, and (iii) the Participant and the employers have signed such agreements as are necessary to assure that the Employer's liability to pay benefits to the Participant has been discharged and assumed by the other employer. The Employer may require such documentation from the other plan as it deems necessary to effectuate the transfer, to confirm that such plan is an eligible deferred compensation plan within the meaning of Section 457(b) of the Code, and to assure that transfers are provided for under such plan. Such transfers shall be made only under such circumstances as are permit- ted under Section 457 of the Code and the regulations thereunder. 6.10 Eligible Rollover Distributions: (a) Effective Date: This Section 6.10 is effective January 1, 2002. (b) Incoming Rollovers: An eligible rollover distribution may be accepted from an eligible retire- ment plan maintained by another employer and credited to a Participant's Account under the Plan. The Employer may require such documentation from the distributing plan as it deems necessary to effectuate the rollover in accordance with Section 402 of the Code and m confirm that such plan is an eligible retirement plan within the meaning of Section 402(c)(8)(B) of the Code. The Plan shall separately account for eligible rollover distributions from any eligible retirement plan that is not an eligible deferred compensation plan described in Section 457(b) of the Code maintained by an eligible governmental employer described in Section 457(e)(1)(A) of Code. Outgoing Rollovers: Notwithstanding any provision of the Plan to the contrary that would otherwise limit a distributee's election under this Section, a distributee may elect, at the time and in the manner prescribed by the Administrator, to have any portion of an eligible rollover distri- bution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. (d) Definitions: (1) Eligible Rollover Distribution: An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of sub- stantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the 8 distributee and the distributee~s designated beneficiary, or for a specified period often years or more; any distribution to the extent such distribution is required under Sec- tions 401 (a)(9) and 457(d)(2) of the Code; and any distribution made as a result of an unforeseeable emergerlcy of the employee. For purposes ofdistriburions from other eligible retirement plans rolled over into this Plan, the term eligible rollover distribu- tion shall not indude the portion of any distribution that is not includible in gross income (determined without regard to the exclusion 'for net unrealized appreciation with respect to employer securities). (2) Eligible Retirement Plan: An eligible retirement plan is an individual retirement account described in Section 408(a) of the Code, an individual retirement annuity described in Section 408(b) of the Code, an annuity plan described in Sections 403(a) or 403(b) of the Code, a qualified trust described in Section 401 (a) of the ~ode, or an eligible deferred compensation plan described in Section 457(b) of the/Code which is maintained by an eligible governmental employer described in Section 457(e)(1)(A) of the Code, that accepts the distributee's eligible rollover distribution. (3) Distributee: A dlstributee indudes an employee or former employee. In addition, the employee's or former employee's surviving spouse and the employee's or former em- ployee's spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in Section 414(p) of the Code, are distributees with regard to the interest of the spouse or former spouse. (4) Direct Rotlover: A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee. 6.11 Trustee-to-Trust.,e~ Transfers to Purchase Permissive Service Credit: All or a portion of a Partici- pant's Account may be-~;~ansferred direcdy to the trustee of a defined benefit governmental plan (as defined in Section 414(d) of the Code) if such transfer is (A) for the purchase of permissive service credit (as defined in Section 415(n)(3)(A) of the Code) under such plan, or (B) a repayment to which Section 415 of the Code does not apply by reason of subsection (k)(3) thereof, within the meaning of Section 457(e)(17) of the Code. 6.12 Treatment of Distributious of Amounts Previously Rolled Over From 401(a) and 403(b) Hans and IRAs. For purposes of Section 72(t) of the Code, a distribution from this Plan shall be treated as a ~ distribution from a qualified retirement plan described in Section 4974(c)(1 ) of the Code to the extent that such distribution is attributable to an amount transferred to an eligible deferred compensation plan from a qualified retirement plan (as defined in Section 4974(c) of the Code). 6.13 Deemed IRAs: Effective for Plan Years beginning after December 31, 2002, the Employer may elect to allow Employees to make voluntary employee contribudous to a separate account or annuity established under the Plan that complies with the requirements of Code section 408(q) and any regulations promul- gated thereunder. Such accounts or annuities shall meet the applicable requirements of Code sections 408 or 408A and shall be treated as an individual retirement plan that is not part of the Plan. 6.14 Employer Liability: In no event shall the Employer's liability m pay benefits to a Participant under this Plan exceed the value of the amounts credited to the Participant's Account; neither the Employer nor the Administrator shall be liable for losses arising from depreciation or shrinkage in the value of any invest- ments acquired under this Plan. Artlde VII. Benefits 7.01 Retirement Benefits and Election on Severance Evenu (a) General Rule: Except as otherwise provided in this Article VII, the distribution of a Participant's Account shall commence as of a Participant's Automatic Distribution Date, and the distriburion of such benefits shall be made in accordance with one of the payment options described in Section 7.02. Notwithstanding the foregoing, but subject to the following paragraphs of this Section 7.01, the Participant may elect following a Severance Event to have the distribution of benefits commence on a fixed determinable date other than that described in the preceding sentence, but not later than April I of the year following the year of the Participant's Retirement or attainment of age 70-1/2, whichever is later. Prior to January 1, 2002, an election made pursuant to the preceding sentenc~e shall not be valid unless such elecrion is made not less than 30 days'prior to the date that the distribution of a Participant's Account would otherwise com- mence. (b) Additional Delay in Distribution: Prior to January 1, 2002, the Participant may elect to defer the commencement of distribution of benefits to a fixed determinable date later than the date provided in Section 7.01(a), but not later than April 1 of the year following the year of the Participant's retirement or attainment of age 70 1/2, whichever is later, provided, however, that (a) such decrion is made after the 61st day following the Participant's Severance Event and before commencement of distributions, (b) the Participant may make only one (1) such election, and (c) such election is made not less than 30 days prior to the date the distribution of a Participant's Account would otherwise commence. On or after January 1, 2002, the Participant's right to change his or her election with respect to commencement of the distribution of benefits shall not be restrained by this Section 7.01. Notwithstanding the foregoing, the Administrator, in order to ensure the orderly administration of this provision, may establish a deadline after which such election to defer the commencement of distribution of benefits shall not be allowed. Loans: Notwithstanding the foregoing provisions of this Section 7.01, no election to defer the commencement of benefits after a Severance Event shall operate to defer the distribution of any amount in the Participant's Loan Account in the event of a default of the Participant's loan. 7.02 Payment Opdon~: As provided in Sections 7.01, 7.04 and 7.05, a Participant may elect to have value of the Participant's Account distributed in accordance with one of the following payment options, provided that such option is consistent with the limitations set forth in Section 7.03. (a) Equal monthly, quarterly, semi-annual or annual payments in an amount chosen by the Partici- pant, continuing until his or her Account is exhausted; (b) One lump-sum payment; (c) Approximately equal monthly, quarterly, semi-annual or annual payments, calculated to con- tinue for a period certain chosen by the Participant. (d) Annual Payments equal to the minimum distriburions required under Section 401 (a)(9) of the Code, including the inddental death benefit requirements of Section 401 (a)(9)(G), over the life expectancy of the Participant or over the life expectancies of the Participant and his or her Beneficiary. 10 (e) Payments equal to payments made by the issuer ora retirement annuity policy acquired by the Employer. (f) A split distribution under whicl~ payments under options (a), (b), (c) or (e) commence or are made at the same time, as elected by the Participant under Section 7.01, provided that all payments commence (or are made) by the latest benefit commencement date under Section 7.01. (g) Any other payment option elected by the Participant and agreed to by the Employer and Ad- ministrator. A Participant's selection of a payment option made after December 31, 1995, under Subsections (a), (c), or (g) above may include the selection of an automatic annual cost-of-living increase. Such increase~'~will be based on the rise in the Consumer Price Index for All Urban Consumers (CPI-U) from the third quarter of the last year in which a cost-of-living increase was provided to the third quarter of the current year. Any increase will be made in periodic payment checks beginning the following January. If, prior to January I, 2002, a Participant made a timely election of a payment date but failed to spedfy a payment option or failed to make a timely election of both payment date and option, and as a result, was defaulted to benefit commencement at age 65, or such other date as the Participant may have specified, benefits shall be paid annually in the amount of $100 per year commencing at age 65 or the date specified by the Participant until the Participant reaches age 70-1/2. When the Participant reaches age 70-1/2, payments shall be made in accordance with Code section 401(a)(9) and the regulations thereunder. 7.03 Limitation on Options: No payment option may be selected by a Participant under subsections 7.02(a) or (c) unless the amount of any installment is not less than $100. No payment option may be selected by a Participant.under Sections 7.02, 7.04, or 7.05 unless it satisfies the requirements of Sections 401 (a)(9) and 457(d)(25'of the Code, induding that payments commencing before the death of the Partial- pant shall satisfy the inddental death benefit requirements under Section 401 (a)(9)(G). 7.04 Post-Retirement Death Benefits: (a) Should the Participant die after he/she has begun to receive benefits under a payment option, the remaining payments, if any, under the payment option shall continue until the Administrator receives notice of the Participant's death. Upon notification of the Participant's death, benefits shall be payable to the Participant's Beneficiary commencing not later than December 31 of the year following the year of the Participant's death, provided that the Beneficiary may elect to begin benefits eadier than that date. (b) If the Beneficiary has not attained age 80 at the time payments commence, he or she may elect to receive payments in a single lump-sum payment or in equal or approximately equal monthly, quarterly, semi-annual or annual payments continuing over a period not to exceed ten years from the first payment. The Beneficiary also may elect to receive a partial lump-sum payment fol- lowed by monthly, quarterly, semi-annual or annual installments, provided that all payments are made within a period often years from the initial payment. In the event that the Beneficiary is age 80 or over, the remaining balance in the Participant's account will be paid to the Beneficiary in a single lump sum. 11 (c) In the event that the Beneficiary dies before the payment of death benefits has commenced or been completed, the remaining value of the Partidpant's Account shall be paid to the estate of the Beneficiary in a lump sum. In the event that the Participant's estate is the Beneficiary, payment shall be made to the estate in a lump sum. 7.05 Pre-Retirement Death Benefits: (a) Should the Participant die before he or she has begun to receive the benefits provided by Section 7.01, the value of the Participant's Account shall be payable to the Beneficiary commencing not later than December 31 of the year following the year of the Participant's death, provided that the Beneficiary may elect to begin benefits earlier than that date. If the Beneficiary has not attained age 80 at the time payments commence, he or she may elect to receive payments in a single lump'-sum payment or in equal or approximately equal monthly, quarterly, semi-annual or annual payments continuing over a period not to exceed ten years from the first payment. The Beneficiary also may elect to receive a partial lump-sum payment followed by monthly, quarterly, semi-annual or annual installments, provided that all payments are made within a period often years from the initial payment. In the event that the Beneficiary is age 80 or over, the remaining balance in the Participant's account will be paid to the Beneficiary in a single lump sum. In the event that the Beneficiary dies before the payment of death benefits has commenced or been completed, the remaining value of the Participant's Account shall be paid to the estate of the Beneficiary in a lump sum. In the event that the Participant's estate is the Beneficiary, payment shall be made to the estate in a lump sum. 7.06 Unforeseeable Emergencies: (a) In the event an unforeseeable emergency occurs, a Participant may apply to the Employer to receive that part of the value of his or her Account that is reasonably needed to satisfy the emer- gency need. If such an application is approved by the Employer, the Participant shall be paid only such amount as the Employer deems necessary to meet the emergency need, but payment shall not be made to the extent that the financial hardship may be relieved through cessation of deferral under the Plan, insurance or other reimbursement, or liquidation of other assets to the extent such liquidation would not itsdf cause severe financial hardship. (b) An unforeseeable emergency shall be deemed to involve only drcumstances of severe financial hardship to the Participant resulting from a sudden unexpected illness, accident, or disability of the Participant or of a dependent (as defined in Section 152(a) of the Code) of the Participant, loss of the Participant's property due to casualty, or other similar and extraordinary unforeseeable circumstances arising as a result of events beyond the control of the Participant. The need to send a Participant's child to college or to purchase a new home shall not be considered unforesee- able emergencies. The determination as to whether such an unforeseeable emergency exists shall be based on the merits of each individual case. 7.07 De Minimis Accounts: Notwithstanding the foregoing provisions of this Attide, prior to January 1, 2002, if the value of a Participant's Account does not exceed the dollar limit under Section 411 (a)(11) (A) of the Code as described in Section 457(e)(9)(A) of the Code and (a) no amount has been deferred under the 12 Plan with respect to~e Partiei~t d~ng the;2,yeax period ending on the date of the distribution and (b) there has been no prior diitribud0~ under the Plan to the Participant pursuant to this Section 7.07, the Participant may elect to redeive or th~ E~p,t0yer may inVOlUntarily distribute the participant's entire Account without the consent of the Participant. Such distribution shall be made in a lump sum; On or after January 1, 2002, ifthe value of a Participant's Account is less than $1,000, the Participant's Account shall be paid to the Participant in a single lump sum distribution, provided that (a) no amount has been deferred under the Plan with respect to the Participant during the 2-year period ending on the date of the distribution and (b) there has been no prior distribution under the Plan to the Participant pursuant to this Section 7.07. If the value of the Participant's Account is at least $1,000 but not more than the dollar limit Under Code Section 411 (a)(11)(A) and (a) no amount has been defer/~ed under the Plan with respect to the Participant during the 2-year period ending on the date of the distribution and (b) there has been no prior distribution under the Plan to the Participant pursuant to this Section 7.07, the Participan/t may elect to receive his or her entire Account. Such distribution shall be made in a lump sum. ~ Article WII- Loans to Participants 8.01 Availability of Loans to Participant~: The Employer may elect to make loans available to Participants in this Plan. If the Employer has elected to make loans available to Participants, a Participant may apply for a loan from the Plan subject to the limitations and other provisions of this Article. (b) The Employer shall establish written gulddines governing the granting of loans, provided that such guidelines are approved by the Administrator and are not inconsistent with the provisions of this Article, and that loans axe made available to all Participants on a reasonably equivalent basis. '~.~.~ 8.02 Terms and Conditions of Loans to Participants: Any~loan by the Plan to a Participant under Section 8.01 of the Plan shall satisfy the following requirements: (a} Availability. Loans shall be made available to all Participants on a reasonably equivalent basis. (b) Interest Rate. Loans must be adequately secured and bear a reasonable interest rate. (c) Loan Limit. No Participant loan shall exceed the present value of the Participant's Account. Foreclosure. In the event of default on any installment payment, the outstanding balance of the loan shall be a deemed distribution. In such event, an actual distribution of a plan loan offset amount will not occur until a distributable event occurs in the Plan. (e) Reduction of Account. Notwithstanding any other provision of this Plan, the portion of the Participant's Account balance used as a security interest held by the Plan by reason of a loan outstanding to the Participant shall be taken into account for purposes of determining the amount of the Account balance payable at the time of death or distribution, but only if the reduction is used as repayment of the loan. 13 (f) Amount of Loan. At the time the loan is made, the principal mount of the loan plus the out- standing balance (principal plus accrued interest) due on any other outstanding loans m the Participant from the Plan and from all other plans of the Employer that are qualified employer plans under Section 72(p)(4) of the Code shall not exceed the lesser of.' (1) $50,000, reduced by the excess (if any) of (a) The highest outstanding balance of loans from the Plan during the one (1) year period ending on the day before the date on which the loan is made, over (b) The outstanding balance of loans from the Plan on the date on which such loan is made; or (2) One-half of the value of the Partidpant's interest in all of his or her Accounts under this Plan. (g) Application for Loan. The Participant must give the Employer adequate written notice, as determined by the Employer, of the amount and desired time for receiving a loan. No more than one (1) loan may be made by the Plan to a Participant's in any calendar year. No loan shall be approved if an existing loan from the Plan to the Participant is in default to any extent. (h) Length of Loan. Any loan issued shall require the Parddpant to repay the loan in substantially equal installments of principal and interest, at least monthly, over a period that does not exceed five (5) years from the date of the loan; provided, however, that if the proceeds of the loan are applied by the Participant to acquire any dwelling unit that is to be used within a reasonable time (determined at the time of the loan is made) after the loan is made as the principal residence of the Participant, the five (5) year limit shall not apply. In this event, the period of repayment shall not exceed a reasonable period determined by the Employer. Principal installments and interest payments otherwise due may be suspended for up to one (1) year during an authorized leave of absence, if the promissory note so provides, but not beyond the original term permitted under this subsection (h), with a revised payment schedule (within such term) instituted at the end of such period of suspension. (i) Prepayment. The Participant shall be permitted to repay the loan in whole or in part at any time prior to maturity, without penalty. (j) Promissory Note. The loan shall be evidenced by a promissory note executed by the Participant and delivered to the Employer, and shall bear interest at a reasonable rate determined by the Employer. (k) Security. The loan shall be secured by an assignment of the participant's right, title and interest in and to his or her Account. (1) Assignment or Pledge. For the purposes of paragraphs (f) and (g), assignment or pledge of any portion of the Participant's interest in the Plan and a loan, pledge, or assignment with respect to any insurance contract purchased under the Plan, will be treated as a loan. 14 (m) Other Terms and Conditions. The Employer shall fix such other terms and conditions of the loan as it deems necessary to comply with legal requirements, to maintain the qualification of the Plan and Trust under Section 457 of the Code, or to prevent the treatment of the loan for tax purposes as a distribution to the Participant. The Employer, in its discretion for any reason, may also fix other terms and conditions of the loan, indud- ing, but not limited to, the provision of grace periods following an event of default, not inconsistent with the provisions of this Article and Section 72(p) of the Code, and any applicable regulations thereunder. 8.03 Participant Loan Accounts: (a) Upon approval of a loan to a Participant by the Employer, an amount not in excess of the loan s all be transferred from the Paruc~pant s other ~nvestment fund(s), described In Sect2on 6.05 of the Plan, to the Participant's Loan Account as of the Accounting Date immediat~ely p" receding the agreed upon date on which the loan is to be made. (b) The assets of a Participant's Loan Account may be invested and reinvested only in promissory notes received by the Plan from the Participant as consideration for a loan permitted by Section 8.01 of the Plan or in cash. Uninvested cash balances in a Participant's Loan Account shall not bear interest. Neither the Employer, the Administrator, nor any other person shall be liable for any loss, or by reason of any breach, that results from the Participant's exercise of such control. (c) Repayment of principal and payment of interest shall be made by payroll deduction or, where repayment cannot be made by payroll deduction, by check, and shall be invested in one (1) or more other investment funds, in accordance with Section 6.05 of the Plan, as of the next Ac- counting Date after payment thereof to the Trust. The amount so invested shall be deducted from the Participant's Loan Account. (d) The Employer shall have the authority to establish other reasonable rules, not inconsistent with the provisions of the Plan, governing the establishment and maintenance of Participant Loan Accounts. Arfide IX. Non-Assignability 9.01 In General: Except as provided in Artide VIII and Section 9.02, no Participant or Beneficiary shall have any fight to commute, sell, assign, pledge, transfer or otherwise convey or encumber the right to receive any payments hereunder, which payments and rights are expressly declared to be non-assignable and non- transferable. 9.02 Domestic Relations Orders: (a) Allowance of Transfers: To the extent required under a final judgment, decree, or order (includ- ing approval of a property settlement agreement) that (i) relates to the provision of child support, alimony payments, or marital property rights and (ii) is made pursuant to a state domestic relations law, any portion of a Participant's Account may be paid or set aside for payment to a spouse, former spouse, child, or other dependent of the Participant. Where necessary to carry out the terms of such an order, a separate Account shall be established with respect to the spouse, former spouse, or child who shall be entided to make investment selections with respect thereto (b) (c) in the same manner as the Participant; any amount so set aside for a spouse, former spouse, or child shall be paid out in a lump sum at the earliest date that benefits may be paid to the Partici- pant, unless the order directs a different time or form of payment. Nothing in this Section shall be construed to authorize any amount to be distributed under the Plan at a time or in a form that is not permitted under Section 457(b) of the Code. Any payment made to a person pursu- ant to this Section shall be reduced by any required income tax withholding. Release from Liability to Participant: The Employe?s liability to pay benefits to a participant shall be reduced to the extent that amounts have been paid or set aside for payment to a spouse, former spouse, or child pUrSuant to paragraph (a) of the Section. No such transfer shall be effectuated unless the Employer or Administrator has been provided with satisfactory evidence that the Employer and the Administrator are released from any further daim by the Participant with respect to such amounts. Thi Participant shall be deemed to have released the Employer and the Administrator from any claim with respect to such amounts, in any case in which (i) the Employer or Administrator has been served with legal process or otherwise joined in a proceed- ing relating to such transfer, (ii) the Participant has been notified of the pendency of such pro- ceeding in the manner prescribed by the law of the jurisdiction in which the proceeding is pend- ing for service of process in such action or by mail from the Employer or Administrator to the Participant's last known mailing address, and (iii) the Participant fails to obtain an order of the court in the proceeding relieving the Employer or Administrator from the obligation to comply with the judgment, decree, or order. Participation in Legal Proceedings: The Employer and Administrator shall not be obligated to defend against or set aside any judgement, decree, or order described in paragraph (a) or any legal order relating to the garnishment of a Participant's benefits, unless the full expense of such legal action is borne by the Participant. In the event that the Participant's action (or inaction) nonetheless causes the Employer or Administrator to incur such expense, the amount of the expense may be charged against the Participant's Account and thereby reduce the Employer's obligation to pay benefits to the Participant. In the course of any proceeding relating to divorce, separation, or child support, the Employer and Administrator shall be authorized to disclose information relating to the Participant's Account to the Participant's spouse, former spouse, dependent, or child (induding the legal representatives of the spouse, former spouse, or child), or tO a court. Article X. Relationship to other plan~ and Employment Agreements This Plan serves in addition to any other retirement, pension, or benefit plan or system presently in existence or hereinafter established for the benefit of the Employer's employees, and participation hereunder shall not affect benefits receivable under any such plan or system. Nothing contained in this Plan shall be deemed to constitute an employment contract or agreement between any Participant and the Employer or to give any Participant the right to be retained in the employ of the Employer. Nor shall anything herein be construed to modify the terms of any employment contract or agreement between a Participant and the Employer. Article XI. Amendment or Termination of Plan The Employer may at any time amend this Plan provided that it transmits such amendment in writing to the Administrator at least 30 days prior to th~ effective date of the amendment. The coment of the Admin- istrator shall not be required in order for such amendment to become effective, but the Administrator shall be under no obligation to continue acting as Administrator hereunder if it disapproves of such amendment. The Employer may at any time terminate this Plan. The Administrator maY at anytime pmp°se an amendment to the Plan by an instrument in writing trans- mitred to the Employer at least 30days before the effective date of the amendment. Such amendment shall become effective unless, within such 30-day period, the Employer notifies the Administrator in writing that it disapproves such amendment, in which case such amendment shall not become effective. In the event of such disapproval, the Administrator shall be under no obligation to continue acting as Administrator here- under. Except as may be required to maintain the status of the Plan as an eligible deferred compensation plan under Section 457(b) of the Code or to comply with other applicable laws, no amendment or termination of the Plan shall divest any Participant of any rights with respect to compensation deferred before the date of the amendment or termination. Article XII. Applicable Law This Plan and Trust shall be construed under the laws of the state where the Employer is located and is established with the intent that it meet the requirements of an "eligible deferred compensation plan" under Section 457(b) of the Code, as amended. The provisions of this Plan and Trust shall be interpreted wherever possible in conformity with the requirements of that Section of the Code. In addition, notwithstafi~ding any provision of the Plan to the contrary, the Plan shall be administered in compliance with the requirements of Code Section 414(u). Article XIII. Gender and Number The masculine pronoun, whenever used herein, shall include the feminine pronoun, and the singular shall include the plural, except where the context requires otherwise. 18 ICMA RETIREMENT CORPORATION DECLARATION OF TRUST ICMA RETIREMENT CORPORATION The public service Vantagepoint® since 1972 DECLARATION OF TRUST This Declaration of Trust (the "Group Trust Agreement") is made as of the 19th day of Ma~ 2001, by VantageTrust Company, which declares itself to be the sole Trustee of the trust hereby created. WHEREAS, the ICMA Retirement Trust was created as a vehicle for the commingling of the assets of governmental plans and governmental units described in Section 818(a)(6) of the Internal Revenue Code of 1986, as amended, pursuant to a Declaration of Trust dated October 4, 1982; as subsequently amended, a copy of which is attached hereto and incorporated by reference as set out below (the "ICMA Dedaration~); and WHEREAS, the trust created hereunder (the "Group Trust") is intended to meet the requirements of Rev- enue Ruling 81-100, 1981-1 C.B. 326, and is established as a common trust fund within the meaning of Section 391:1 of Tide 35 of the New Hampshire Revised Statutes Annotated, to accept and hold for invest- ment purposes the assets of the Deferred Compensation and Qualified Plans held by and through the lC/vIA Retirement Trust. NOW, THEREFORE, the Group Trust is created by the execution of this Dedaration of Trust by the Trustee and is established with respect to each Deferred Compensation and Qualified Plan by the transfer to the Trustee of such Plan's assets in the ICMA Retirement Trust, by the Trustees thereof, in accord with the following provisions: Incorporation of ICMA Declaration by Reference; ICMA By-Laws. Except as otherwise provided in this Group Trust Agreement, and to the extent not inconsistent herewith, all provi- sions of the ICMA Declaration are incorporated herein by reference and made a part hereof, to be read by substituting the Group Trust for the Retirement Trust and the Trustee for the Board of Trustees referenced therein. In this respect, unless the context dearly indicates otherwise, all capitalized terms used herein and defined in the ICMA Dedaration have the meanings assigned to them in the ICMA Declaration. In addition, the By-Laws of the ICMA Retirement Trust, as the same may be amended from time-to-time, are adopted as the By-Laws of the Group Trust to the extent not inconsistent with the terms of this Group Trust Agreement. Notwithstanding the foregoing, the terms of the ICMA Declaration and By-Laws are further modified with respect to the Group Trust created hereunder, as follows: (a) any reporting, distribution, or other obligation of the Group Trust vis-i-vis any Deferred Compensation Plan, Qualified Plan, Public Employer, Public Employer Trustee, or Employer Trust shall be deemed satisfied to the extent that such obligation is undertaken by the ICMA Retirement Trust (in which case the obligation of the Group Trust shall run to the ICMA Retirement Trust); and (b) all provisions dealing with the number, qualification, dection, term and nomination of Trustees shall not appl5 and all other provisions relating to trustees (including, but not limited to, resignation and removal) shall be interpreted in a manner consistent with the appointment ora single corporate trustee. 20 2. Compliance with Revenue Procedure 8t-100. The requirements of Revenue Procedure 81- 100 are applicable to the Group Trust as follows: (a) Pursuant to the termi'of this Group Trust Agreement and Article X of the By-Laws, investment in the Group Trust is limited to assets of Deferred Compensation and Qualified Plans, investing through the ICMA Retirement Trust. (b) Pursuant to the By-Laws, the Group Trust is adopted as a part of each Qualified Plan that invests herein through the lC/VIA Retirement Trust. (c) In accord with the By-Laws, that part of the Group Trust's corpus or income which equitably belongs to any Deferred Compensation and Qualified Plan may not be used for or diverted to any purposes other than for the exclusive benefit of the Plan's employees or their beneficiaries who are entitled to benefits under such PM- (d) In accord with the By-Laws, no Deferred Compensation Plan or Qualified Plan may assign any or part of its equity or interest in the Group Trust, and any purported assignment of such equity or interest shall be void. 3. Governing Law. Except as otherwise required by federal, state or local law, this Declaration of Trust (induding the ICMA Declaration to the extent incorporated herein) and the Group Trust created hereunder shall be construed and determined in accordance with applicable laws of the State of New Hampshire. 4. Judicial Proceedings. The Trustee may at any time initiate an action or proceeding in the appro- priate state or federal courts within or outside the state of New Hampshire for the setdement of its accounts or for the determination of any question of construction which may arise or for instructions. IN ~/ITNESS WHEREOF, the Trustee has executed this Declaration of Trust as of the day and year first above written. VANTAGETRUST COMPANY Name: Paul E Gallagher Title: Assistant Secretary 777 North Capitol Street. NE Washington, DC 20002-424~ FAX 1-202-962-4601 Toll Free 1-800-669-7400 En Espafiol game al 1-800-669-8216 Intemet: http://wwwJcmarc.org lX/ovember 2003 D~.r Employer: The ICMA Retirement Corporation (ICMA-RC) is providing you this package of materials to help you implement the final reguladous governing Section 457 deferred compensation plans that were recendy issued by the Internal Revenue Service. In most cases, these provi- sions a~e effective retroactively to January 1, 2002, as specified by the regulations.* For the vast majority of ICMA-RC's participating employers, no formal action will be required and these new 457 plan provisions will automatically be implemented. As your 457 deferred compensation plan provider, ICMA-RC will take care of the majority of additional administrative tasks associated with the recently finalized regulations, to the extent this is feasible. This will include updating forms, brochures, and our VantageLink website. Included in this package is the new ICMA-RC 457 deferred compensation plan document. We have designed the plan to be the must flexible allowed under .the law. ICMA-RC is using a "negative election" process for adoption of the regulatory changes. Under this process, you are given 30 business days from the date this packet was mailed to review the materials in the packet - including the ICMA-RC model deferred compensation plan document. If you deride to use the ICMA-RC model deferred compensation plan document you will not have to notifi/ICMA-RC, and the changes will be considered automatically adopted into your plan 30 days from the postmark date on this packet. Note:. If you wish to make changes to an aspect of your 457 plan that cannot be accommodated by this Section 457 Regulatory Implemen- tation Packet, for example, by adding a loan provision, please contact Employer Services at 1-800-326-7272. ICMA-RC also used a negative election process for the amendment of our 457 plan document following the enactment of the Economic Growth and Tax Relief Reconciliation Act of2001 (~EGTRRA'). Over ninety-five percent of our 457 employers were able to use the negative election, did not have to notify ICMA-RC, and the EGTRRA law changes were automatically implemented in their 457 plans. A similar result is expected with the implementation of the 457 regulations If you do not plan to adopt the ICMA-RC model · ICMA-RC and forward a copy of your revised plan document to us. ICMA-RC will perform an operational review tt to ensure that we can administer your plan in accordance with your intentions. See Attachment D for more il : of ICMA-RC's easy plan adoption process, you may wish to at this time. To determine what oudined bdow: document, we suggest you follow the three-step process Step e before the federal on the adopdon of the recendy regarding your jutisdiction's (continued on back) ~ecutifies am d'mtributed by ICMA-RCSen~icea, LLC_a broker-dealer affiliate of ICMA-RC. member NASD/SIPC. 777 North Capitol Street, NE Washington, DC 20002-4240 FAX 1-202-962-4601 Toll Free 1-800-669-7400 Eft Espafiol flame al 1 ~80~9-8216 Internet: h rt p://www.icmarc.org November 2003 Dear Employer: The ICMA Retirement Corporation (ICMA-RC) is providing you this package of materlals to help you implement the final regulations governing Section 457 deferred compensation plans that were recently issued by the Internal Revenue Service. In most cases, these provi- sions are effective retroactively to January 1, 2002, as specified by the regulations.* For the vast majority of ICMA-RC's participating employers, no formal action will be required and these new 457 plan provisions wilt automatically be implemented. As your 457 deferred compensation plan provider, ICMA-RC will take care of the majodty of additional administrative tasks associated with the recently finalized regulations, to the extent this is ftmsible. This will indude updating forms, brochures, and our VantageLink website. Included in this package is the new ICMA-RC 457 deferred compensation plan document. We have designed the plan to be the most flexible allowed under the law. ICMA-RC is using a "negative election" process for adoption of the regulatory changes. Under this process, you are given 30 business days from the date this packet was mailed to review the materials in the packet - including the ICMA-RC model deferred compensation plan document. If you decide to use the ICMA-RC model deferred compensation plan document you will not have to notify ICMA-RC, and the I changes will be considered automatically adopted into your plan 30 days from the postmark date on this packet. I I Note: If you wish to make changes to an aspect of your 457 plan that cannot be accommodated by this Section 457 Regulatory Implemen- tation Packet, for example, by adding a loan provision, please contact Employer Services at 1-800-326-7272. ICMA-RC also used a negative election proce.ts for the amendment of our 457 plan document following the enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001 ("EGTRRA'). Over ninety-five percent of our 457 employers were able to use the negative election, did not have to notify ICMA-RC, and the EGTRRA law changes were automatically implemented in their 457 plans. A similar result is expected with the implementation of the 457 regulations. will hav ICMA-RC model perform an o Attachment D may wish To determine what action, outhned below: Step 57 r%~ations and other post-EGTRRA changes. If you do not plan to adopt the · ICMA-RC and forward a copy of your revised plan document to us. ICMA-RC will your plan in accordance with your intentions. See o take aSvantage of ICMA-RC's easy plan adoption process, you document, we suggest you follow the three-step process e before the federal or local restrictions on the adoption of the recently .' of information regarding your jurisdiction's (continued on back) IVantagepoint securities are distributed by ICMA-RC Services, LLC., a broker-dealer affiliate of ICMA-RC, member NASD/SIPC. St~ 3: Determine whether any formal action is required to amend your plan to implement the 457 regulations, depending upon the procedures you must follow. If you adopt the ICMA-RC model document, you will not need to noti~ us. In addition tothe plan document, ICMA-RC has developed additional materials to assist you in implementing the changes under the new regulations. This material is enclosed and contains information that you can use for your internal review of how the new rules will impact your plan and your employees. (See Table of Contents.) Again, note that no notification to ICMA-RC is required if you adopt our modal document. For your convenience, a postage-paid return envelope is endnsed for any documents you need to return to ICMA-RC. We believe that this comprehensive package will address the vast majority of questions associated with implementing the regulations and put you in a favorable position to adopt the new provisions. ICMA-RC's Employer Services Unit is always available to speak to you about your specific concerns. Please call us at 1-800-326-7272. Sincerdy, Jerry Backenstoe Vice President Investor Services * How~, ~r taxableyears beginning after December 31, 2001 and b~bre January 1, 2004, a plan will not,il to be an eli~ble plan if it is operated in accordance with a reasonable, good faith interpretation of Internal Revenue Code Section 457(b). 2 TABLE OF CONTENTS Page .~/~_ ,-h m~t A An overview of the recendy finalized 457 regulations, a r~ference to the appropriate ICMA-RC plan document section, the purpose of the provision, and a summary of additional administrative tasks you can expect as a result of the new regulations ........................................................................................................ 5 fllltaehm~nt B An analysis of the suggested implementation steps required to adopt the 457 regulatory changes ........................ 15 At~rhment C An easy-to-follow chart to help guide you to the correct action if formal action is required for adoption of the revised plan document. Suggested resolutions and suggested affirmative statements of plan amendment are included, which you can use if formal action is required ............................................................ 17 Attachment D A response form for employers opting either to use the ICMA-RC model plan document with modifications or their own individually designed plan document .............................................................................................. 27 4 ~ ~o lO 12 13 14 ATTACHMENT B: 457 REGULATORY CHANGES SUGGESTED IMPI.EMENTATION STEPS The)$llowing three steps can be )3llowed to simplij~ your implementation of the 457 regulatory changes. Step 1: Review the new ICMA-RC 457 model deferred compensation plan document. (See accompanying booklet.) If you currently use the ICMA-RC Section 457 deferred compensation plan document, you will find the language necessary for you to adopt the 457 regulations already incorporated in the amended plan document. Using the ICMA-RC plan document will make your implementation of the regulations straightforward. If you do not use the 457 plan document, but use your own plan document, please refer to Attachment D for instructions and additional information. ICMA-RC will submit the revised 457 model plan document to the Internal Revenue Service (IRS) through a participating employer, to obtain a private letter ruling. ICMA-RC will be operating under the new "interim" plan document until the private letter ruling is obtained. This will ensure that you and your participants can take immediate advantage of the 457 regulations. Normally, ICMA-RC would not begin operating under a 457 plan document until a favorable private letter ruling is received from the IRS, which could take as long as a year. However, because the existing plan document generally was amended simply to conform to the new 457 regulations, ICM2k-RC is comfortable operating under this amended plan document. ICMA-RC will inform you when the private letter ruling is obtained. Step 2: Consult with legal counsel to determine whether any state or local law~ or regulations must change before the federal section 457 regulations may be adopted. [This step will not apply for the majority of employers.] While ICMA-RC is not aware of any state statutes, regulations or local ordinances that conflict with the provisions of the recently finalized 457 regulations, you may want to consult your legal counsel. He or she may wish to review the state or local government's laws or regula- tions governing your deferred compensation plan. If you are an employer with a state and/or local law issue, a sample resolution and statement of afflrmative action are provided for your use, if required (see Attachment C). These documents were prepared to allow you to adopt the 457 regulations now, pending enactment of any required state or local statutory or regulatory amendments permitting the changes. See Step 3 below for forther information. Step 3: Determine whether formal action is required to amend you~ plan to implement the 457 regulations, depending upon the procedures you must follow. If you adopt the ICMA-RC 457 model deferred compensation plan document, you will not need to notify ICMA-RC. Under the provisions of ICMA-RC's prior 457 plan document (Article XI), the amendments contained in the new revised plan document are deemed to be adopted by you unless you notify ICMA-RC within 30 days of the postmark date on this plan implementation package. In this situation, the changes are considered implemented automatically and employers do not need to notify ICMA-RC. Please retain the new plan document as well as a copy of the previous plan document. Employers that wish to either revise the ICMA-RC model plan document or use an individually designed plan document shouM refer to Attachment D for instructions and information. However, you may wish to consult with legal counsel to determine if formal employer action is necessary. Some state or local statutes may require the passage of a council resolution. Others may simply require an affirmative statement of plan amendment. Attachment C contains two suggested resolutions and two suggested affirmative statements of plan amend- ment to accommodate your particular situation. Note that if you intend to adopt the ICMA-RC 457 model deferred compensation plan document, you do nor need to provide ICMA-RC with a copy of your resolution or affirmative statement. These documents are for your internal records only. The following chart (Attachment C) will assist you in determining the appropriate formal action, if any, necessary to adopt changes to your 457 plan. If, after reading the chart, you have any questions about implementing the regulatory changes or the plan amendment process, please call our Employer Services Unit at 1-800-326-7272. 15 ATTACHMENT C: RECOMMENDED ACTIONS FOR AMENDING YOUR 457 PLAN Are you adopting the ICMA-RC model 457 plan document? Yes Do you have any state and/or local law~ that conflict with the 457 regulaco~r changes? No What formal action are you ~luh~l to take by state or local law to amend your 457 plan? None Yes No Affirmative statement Execute Affirmative Statement A of amendment (Attachment C1) for your files only. * Yes No Passage of council Execute Resolution A (Attachment resolution C2) for your files only.* If you have any questions about implementing the 457 regulatory changes or the plan amendment process, please call ICMA-RC's Em- ployer Services Unit at 1-800-326-7272. * Your plan will be considered adopted 30 days from the postmark date on this pocket. 17 18 ATTACHMENT CI: SUGGESTED AFFIRMATIVE STATEMENT A FOR AMENDING A DEFERRED COMPENSATION PLAN Name of Employer. State: Plan Number. As a duly authorized agent of the above named Employer, I hereby AMEND and restate the Employer s deferred compensanon p an (the "Plan") in the form off.. (Select one) [~l The ICMA Retirement Corporation Deferred Compensation Plan and Trust O The Plan and Trust provided by the Employer (executed copy attached hereto) SPECIFY that the assets of the Plan shall be held in trust, with the Employer serving as trustee ( Trustee ), for the exclusive benefit of Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose. Indicia of the Employer's beneficial ownership of Plan assets held in VantageTrust further shall be held for the exclusive benefit of the Plan participants and their beneficiaries; AND AFFIRM that the Employer hereby agrees to serve as Trustee under the Plan. (Tide of Designated Agent) (Signature) If you adopt the ICMA-RC 457 model plan document without changes, there is no need to mail this afflrmadve statement to ICMA-RC. If you adopt your own individually designed plan docmnent, mail this executed ~irmative statement in the enclosed postage-paid envelope or to: 1CMA Retirement Corporation Attention: New Business Analyst 777 North Capitol Street NE Washington, DC 200024240 19 20 ATTACHMENT C2: SUGGESTED RESOLUTION A FOR A LEGISLATIVE BODY RELATING TO AMENDING A DEFFERED COMPENSATION PLAN Name of Employer: State: Plan Number:. 3 0 Resolution of the above named Employer ("Employer") WHEREAS, the Employer has employees rendering valuable service, s; and WHEREAS, the Employer has established a deferred compensation plan for such employees that serves the interest of the Employer by enabling ir to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the Employer has determined that the continuance of the deferred compensation plan will serve these objectives; and WHEREAS, amendments to the Internal Revenue Code have been enacted that require changes to the structure of and allow enhancements of the benefits of the deferred compensation plan: NOW THEREFORE BE IT RESOLVED that the Employer hereby amends and restates the deferred compensation plan (the "Plan") in the form of: (Select one) The ICMA Retirement Corporation Deferred Compensation Plan and Trust The Plan and Trust provided by the Employer (executed copy attached hereto) BE IT FURTHER RESOLVED that the assets of the Plan shall be held in trust, with the Employer serving as trustee ("Trustee"), for the exclusive benefit of Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose. Indicia of the Trustee's beneficial ownership of Plan assets held in VantageTrust further shall be held for the exdusive benefit of the Plan participants and their beneficiaries; BE IT FURTHER RESOLVED that the employer hereby agrees to serve as Trustee under the Plan. I, , Clerk of the (City, County, etc.) of hereby certify that the foregoing resolution, proposed by (council Member, Trustee, etc.) passed and adopted in the (Council, Board, etc.) at a regular meeting thereof assembled this __ day of following vote: of the (City, County, etc.) of ,20 ,do , was duly ,bythe AYES: NAYS: ABSENT: (s~) Clerk of the (City, County, etc.) If you adopt the ICMA-RC 457 modal plan document without changes, there is no need to mail this resolution to ICMA-RC. If you adopt yottr own individually designed plan document, mail this executed resolution in the enclosed postage-paid envelope or to: ICMA Retirement Corpuradon Attention: New Business Analyst 777 North Capitol Street NE Washington, DC 20002-4240 21 22 ATTACHMENT C3: SUGGESTED AFFIRMATIVE STATEMENT B FOR AMENDING A DEFERRED COMPENSATION PLAN To be used by employers in fltrisdictions requiring amendments to state or local law Name of Eanployer: State: Plan Number: 3 0 .~s a duly authorized agent of the above named Employer, I hereby AMEND and restate the Employer's deferred compensation plan (the "Plan") in the form of: (Select one) The ICMA Retirement Corporation Deferred Compensation Plan and Trust The Phm and Trust provided by the Employer (executed copy attached hereto) Not~vithstanding the tbregoing, Plan provisions shall become effective once the appropriate body makes the necessary statutory or regula- toD- amendments permitting the provisions. SPECIFY that the assets of the Plan shal be held tn trust, w~th the Employer serving as trustee ( Trustee ), for exclusive benefit of the Plan participants and their beneficiaries, and the assets sball not be diverted to any other purpose. Indicia of the Employer's beneficial ownership of Plan assets held in VantageTrust further shall be held for the exclusive benefit of the Plan participants and their beneficiaries; AND AFFIRM that the Employer hereby agrees to serve as Trustee under the Plan. Date (Title of Designated Agent) (Signature) If you adopt the ICMA-RC 457 model plan document without changes, there is no need to mail this affirmative statement to ICMA-RC. If you adopt your own individually designed plan document, mail this al~rmative statement in the enclosed postage-paid envelope or to: ICMA Retirement Corporation Attention: New Business Analyst 777 North Capitol Street NE Washington, DC 20002-4240 23 24 ATTACHMENT CA: SUGGESTED RESOLUTION B FOR A LEGISLATIVE BODY REIAT1NG TO AMENDING A DEFERRED COMPENSATION PLAN To be used by employers in jurisdictiom requiring amendments to state or local law or regulatiom Name of Employer:. State: Plan Numl~r. 3 0 Resolution of the above named Employer ("Employer") WHEREAS, the Employer has employees rendering valuable services; and WHEREAS, the Employer has established a deferred compensation plan for such employees that serves the interest of the Employer by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the Employer has determined that the continuance of the deferred compensation plan will serve these objectives; and WHEREAS, amendments to the Internal Revenue Code have been enacted that require changes to the structure of and allow enhancements of the benefits of the deferred compensation plan: NOWTHEREFORE BE IT RESOLVED that the Employer hereby axnends and restates the deferred compensation plan (the "Plan") in the form of: (Select one) I~ The ICMA Retirement Corporation Deferred Compensation Plan and Trust [~l The Plan and Trust provided by the Employer (executed copy attached hereto) Notwithstanding the foregoing, Plan provisions shall become effective once the appropriate body makes the necessary statutory or regula- tory amendments permitting the provisions. BE IT FURTHER RESOLVED that the assets of the Plan shall be held in trust, with the Employer serving as trustee (~Trustee'), for the exclusive benefit of Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose. Indicia of the Trustee's beneficial ownership of Plan assets held in VantageTrust further shall be held for the exclusive benefit of the Plan partidpants and their beneficiaries. BE IT FURTHER RESOLVED that the employer hereby agrees to serve as Trustee under the Plan. I, , Clerk of the (City, County, etc.) of ' , do hereby certify that the foregoing resolution, proposed by (Council Member, Trustee, etc.) , was duly passed and adopted in the (Council, Board, etc.) of the (City, County, etc.) of at a regular meeting thereof assembled this day of ,20 by the following vote: AYES: NAYS: ABSENT: (Seal) Clerk of the (City, County, etc.) If you adopt the ICMA-RC 457 model plan docttment without changes, these is no need to marl this resohidon to ICMA-RC. If you adopt your own individually designed plan doctunent, mail this executed resolution in the enclosed postage-paid envelope or to: ICMA Retirement Corporation Attention: New Business Analyst 777 North Capitol Street NE Washington, DC 20002-4240 25 26 AT'FACHMENT D: STATEMENT OF INTENT AND ADDITIONAL INFORMATION FOR EMPLOYERS NOT ADOPTING THE ICMA-RC MODEL PLAN DOCUMENT Employers that choose to provide their own individually designed plan document, or to use the ICMA-RC model plan document with revisiom, must follow these steps: 1 2. 3. Amend your plan document to conform, to the 457 regulations. You may wish to use the mended language in the ICMA-RC plan document as a model. See Attachment A for references to the appropriate ICMA-RC plan document sections. Determine if formal action is required to adopt your revised document. You may use the suggested resolutions or alqfirmative statements found in Attachment C if formal action is required. Return the following items to ICMA-RC in the endosed postage-paid envelope (or to: ICMA Retirement Corporation, Attention: New Business Analyst, 777 North Capitol Street NE, Washington, DC 20002-4240) within 30 days from the postmark date on this package: · Completed Statement of Intent (see following pages) · Copy of executed resolution or a~rmative statement (if requited) · Copy of your amended plan document. If your revised plan document is not yet available, please return the Statement of Intent immediately, and send the remaining items as soon as administratively feasible. Note that your plan must be in good faith ~ with the new regulations effective January 1, 2002 as prescribed in the regula- tious, even if your plan document is not revised as of that date. Your plan document should be amended as soon as possible. ICMA-RC will perform an operational review of your plan document to ensure that we are able to administer it in accordance with your inten- tions. A Letter of Plan Acceptance will be returned to you ~frer our review. Note that ICMA-RC cannot take responsibility for determining whether or not your amended document fully complies with the 457 regulations or if it meets all of the requirements for 457 plans. You are responsible for ensuring your plan meets these requirements. ADDITIONAL INFORMATION Employers that do not correnfly u~e the ICMA-RC 457 mod~l plan document may want to consider converting to the ICMA-RC model plan document~ You will find that ming the model plan document makes adopting the new law changes easier. In additiom · The ICMA-RC plan document is designed to provide employers and participants with as much flexibility as possible within IRS guidelines. · Adopting the ICMA-RC plan document releases you from the burden and cost of continually reviewing and revising your plan document in response m changes in the Internal Revenue Code (IRC) and related regulations. ICMA-RC maintains the document in compliance with all IRC and regulatory requirements. · ICMA-RC always seeks a favorable private letter ruling from the Internal Revenue Service for the ICMA-RC 457 model plan document. This is important became a plan deemed ineligible by the IRS could result in a significant tax liability to all plan participants. (Please see Attachment B for additional information on the status of our private letter ruling.) · As a result of the 457 regulatory changes, 457 plan documents became even more similar thus further negating the need for multiple plan documents. Prior to EGTRRA, some employers with multiple providers maintained multiple plan documents to allow their plan participants the flexibility to elect a separate beginning payment date under each of these plan documents. Under current law, there is no need to maintain two plan documents to allow this additional flexibility. Information on adopting the ICMA-RC 457 model plan document is available from our Employer Services Unit by calling mll-froe 1-800-326- 7272. Employers using MULTIPLE PLAN PROVIDERS are responsible for determining whether they axe required to amend and restate the plan docuntent for each provider's plan. Many employers with multiple providers consider these providers to be part of one 457 plan. In this case, only one plan document is required, and only this plan document must be amended for the regulatory changes. If you consider multiple plan providers as providing separate 457 plans, you must amend and restate the plan document for each provider. You may wish so consult your legal counsel regarding this situation. If you have muldple plans, you may also wish to consider consolidating all of your plans under the ICMA-RC model plan document. It should be noted that during the implementation of EGTRRA, many of our participating employers stopped using their own plan document or their other 457 plan provider's plan document and decided it was easier to consolidate under the ICMA-RC 457 plan document. 27 STATEMENT OF INTENT INSTRUCTIONS FOR EMPLOYERS NOT ADOPTING THE ICMA-RC MODEL PLAN DOCUMENT · You must complete and return this Statement of Intent to ICMA-RC no later than 30 days from the postmark date on this package if your 457 deferred compensation plan document differs from ICMA-RC's model deferred compensation plan docu- ment. Examples are, if · you are adopting the ICMA-RC model document, but have revised one or more provisions or · you are developing your own individually designed plan docttment. · If you do not return this form to ICMA-RC, we will assume you are adopting the ICMA-RC model plan document. · Please attach the following documents to this Statement of Intent prior to mailing to ICMA-RC: 1 a copy of your executed resolution or statement of afiqrmative action, if required by your jurisdiction; 2. a copy of your plan document, updated for the regulatory changes outlined in this 457 Regulatory Changes Implementation Package (see Attachment A). If your plan document is not yet available, please forward it as soon as possible. Until we receive a copy of your plan document, we will administer your plan as directed by you on the Statement of Intent. Note that your plan must be in good faith opera- tional compliance with the final 457 regulations effective January 1, 2002, even though your plan document was not revised as of that date. Your plan document should be amended as soon as possible. ICMA-RC will perform an operational review of your plan document to ensure that we can administer it in accordance with your inten- tions. · Please keep a copy of this Statement of Intent for your records. The completed Statement of Intent and attachments should be mailed in the enclosed postage-paid envelope, or to: ICMA Retirement Corporation Attention: New Business Analyst 777 North Capitol Street NE Washington, DC 200024240 28 Name of Employer:. I. Employer Intentions Check one: STATEMENT OF INTENT SUMMARY OF CHANGES TO AN INDMDU~,I ]Y DESIGNED PLAN PAGE 1 State: Plan Number: ~ 0 [~ The employer is adopting (or intends to adopt) the ICMA-RC 457 deferred compensation plan document with revisions to certain provisions. [~ The employer is adopting (or intends to adopt) an individually designed plan document which has been updated m incorpo- rate the revised 457 regulations. II. Employer Instructions Regarding Plan Administration Check one: [~ The employer imtructs ICMA-RC to administer this plan in accordance with this statement ofintent. [~ The employer instructs ICMA-RC to administer this plan as if the employer had adopted the ICMA-RC model plan docu- If neither alternative is checked, ICMA-RC will administer your plan as if you had adopted the ICMA-RC model plan document. III. Summary of Optional Provisions Please indicate the options you have chosen. Please note that a choice of"Will" for these items conforms to the options in the ICMA-RC model plan document. See Attachment A for a summary of the regulatory provisions related to these options. 1)Deemed or Sidecar IRA: The Plan [~l Will [~ Will Not offer a Sidecar IRA program. (See Attachment A for details.) 2)Terminated Plan Participants: The Plan [~ Will [~[ ~(/'lll Not allow terminated participants to consolidate other retirement plan assets including IRAs in the Plan. (See Attachment A for details.) 3) Please speci~ any other significant differences between your plan and ICMA-RC's revised model plan (See Attachment A for a summary of the ICMA-RC model document's provisions). I~. Attachraents Attach the following documents, prior to returning the Statement of Intent to ICMA-RC: [~ Copy of executed resolution or affi. rmafive statement (see Attachment C) [~ Copy of amended plan document If your revised plan document is not yet available, please forward it as soon as possible. 29 Name of Employer:_ V. Employer Signature Narlle Signature Title Date STATEMENT OF INTENT (CONTINUED) SUMMARY OF CHANGES TO AN INDIVIDU^I IY DESIGNED PLAN PAGE 2 State: Plan Number.- ~ 0 Telephone number Email The completed Statement o£ Intent and attachments should be mailed in the enclosed postage-paid envelope, or to: ICMA Redrement Corporation Attendon: New Business Analyst 777 North Capitol Street NE Washington, DC 200024240 30 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ - REGULAR MEETING OF JANUARY 6. 2004 SERVICE AUTHORIZATION #9.1/CH2M HILL. INC. JANUARY 2, 2004 This is before the City Commission to approve Service Authorization #9.1 to CH2M HILL, Inc. in the amount of $19,500.00 for additional professional engineering services related to the water use permit application and ground water modeling project. Funding is available from 442-5178-536-31.30 (Engineering/Architectural). Recommend approval of Service Authorization #9.1 with CH2M Hill, Inc. for additional professional engineering services related to the water use permit application and ground water modeling project. S:\City Clerk\agenda memos\ServiceAuth.#9.1CH2MHilI.01.06.04 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M www. mydelraFbeach.com TO: FROM: DATE: David T. Harden City Manager C. Danvers Beatty, P.F~~ Deputy Director of Pub~ October 29, 2002 SUBJECT: Water Use Permit Application and Ground Water Modeling Project Number 2003-017 Attached is an Agenda Request and related information for Service Authorization No. 9.1 to CH2MHILL for professional engineering services related to the subject project. In October of 2002 Service Authorization No. 9 to CH2MHILL was approved for water use permit renewal and ground water modeling. This task was completed and submitted to SFWMD in July of 2003. In August of 2003 SFWMD responded with a request for additional information (RAI). In order to properly respond to the RAI additional population demand projections as well as more detailed ground water modeling are required. Service Authorization No. 9.1 includes the additional work required to respond to the first RAI as well as anticipated services which may result from future RAI's. The total amount of Service Authorization No. 9.1 is $19,500.00 and funding is available from Account #442-5178-536.31.30 Engineering / Architectural (budget transfer is attached). Please place this item on the January 6, 2004 Agenda for consideration by City Commission. CC: Richard C. Hasko, P.E., Director of Environmental Services John Bullard, Manager of Water Treatment Plant City Clerk Agenda File S:~EngAdmin~Proj ects~2003~2003 -017\OFFIClAL~Agenda memo122903.doc Service Authorization No. 9.1 to the Agreement to Furnish Professional Services Dated July 6, 1999, Between the City of Delray Beach, Florida and CH2M HILL, Inc. City P.O. Number: City Project Number 2003-017 Title: Amendment to Water Uae Permit Application and Groundwater Modeling Category of Work: Professional Engineering Services - Permitting General This SERVICE AUTHORIZATION AMENDMENT shall modify the professional service agreement referenced above and shall become part of that AGREEMENT as if written there in full. Changes in the indicated Scope of Services will be subject to renegotiation and imple- mented through an Amendment to this agreement. Introduction The City of Delray Beach (CITY) received a Water Use Permit (WUP) from the South Florida Water Management District (SFWMD) on January 14,1999. The CITY was issued a permit with an annual allocation of 5,810 million gallons (MG) or 15.92 million gallons per day (mgd) and a maximum day allocation of 21.08 mgd. The permit expires in January 2004. CH2M HILL prepared the WUP application on behalf of the CITY and was submitted to the SFWMD in July 2003. As part of the application, the CITY made a request for an average day demand allocation of 20.54 mgd, and a maximum day allocation of 25.34 mgd. Duration of the permit was through for 10 years through the year 2013. As part of the original scope of services, an application was to be prepared that included the population and per capita demand estimates provided by the City's Planning Depa~'httent. However, after extensive review and discussion with the CITY, it was agreed that more detailed analysis was required. This included reassessment of the population and per capita demand projections, assessment of the distribution of demands throughout the City between residential, commercial, irrigation and public uses, and an analysis of the future impacts of reclaimed water use in the City. Also, additional groundwater modeling simulations were required conducted to be conducted after the projected demands were determined. In August 2003, the SFWMD responded to the application with a Request for Additional Information (RAI), seeking additional information from the City. A follow up meeting was held with the CITY and SFWMD to discuss their comments and develop a strategy for the path forward in responding to their comments. It was agreed that a letter with responses to some of the comments would be prepared and submitted to SFWMD, along with a request for a 90-day time extension. This time extension would allow time for SFWMD to complete some planned sensitivity modeling analysis to determine if increases in the 2005 allocations, projected in the Lower East Coast (LEC) Regional Water Supply Plan, would have any effect on the impact to the performance measures for Everglades Restoration. Results from the modeling are expected in November 2003, and its may have a favorable impact on the CITY and its future allocations. On November 6, 2003, CH2M HILL submitted a request for a 90-day time extension to the SFWMD for all items in the RAI. This, along with the above additional population, per capita and demand analyses, combined with a number of meetings with the CITY and SFWMD, has caused the contingency for responses to SFWMD's request for information in the pervious Service Authorization to be depleted. This Service Authorization Amendment, therefore, wi]i authorize CH2~ HILL to conduct additional work on the WUP application and future responses for additional information. Scope of Services Task I - Additional Application Preparation and Response to Request for Additional Information (August 8, 2003) After the Water Use Permit application was prepared in accordance with the original scope of work, the CITY requested that CH2M HILL reexamine the population projections. This included reassessment of the population and per capita demand projections, assessment of the distribution of demands throughout the City between residential, commerdal, irrigation and public uses, and an analysis of the future impacts of reclaimed water use in the City. Also, additional groundwater modeling simulations were required conducted to be con- ducted after the projected demands were determined. Therefore, a portion of this task is dedicated to addressing those out of scope items. In addition, CH2M HILL will assist the City in responding to the SFWMD's letter of August 8, 2003. The RAI items include: · Revised per capita use rate calculations (PAl No. 1), CH2M HILL will revise the City's per capita demand projections as requested by the SFWMD. Revised groundwater modeling (PAl No. 2), Revisions to the per capita demands will result in new demand projections, which will require additional groundwater modeling. CH2M HILL will modify the current model to simulate a cumulative, 90-day, no recharge, maximum-month pumping under the revised demands. Assessment of Minimum Flow and Level 0VIFL) impacts (RAI No. 3), The SFWMD is currently conducting additional modeling with its South Florida Water Management Model (SFWMM) to investigate the impacts of increased wellfield withdrawals on MFL triggers. CH2M HILL will review the modeling results presented by the SFWMD and assess the impacts of the City's requested {]:B310036961376.00C~ 17(X)02 2 allocation on MFL triggers. If additional modeling is required, a modification to this Service Authorization Amendment will be required. ASR well operation (RAI No. 4), and CH2M HILL will work with City staff to develop an appropriate response to this RAI item. This response will require a seasonal demand analysis of flows from the CITY's WTP. · Permit duration and Sources of Limited Availability (RAI No. 5). CH2M HILL will develop a response to this item based on the modeling results presented by the SFWMD. If additional modeling is required, a modification to this Service Authorization Amendment will be required. CH2M HILL will prepare a letter response to the SFWMD that addresses the five RAI items. A draft copy will be provided to the City for review and comment prior to its submittal to SFWMD. This task will be performed on a lump-sum basis. Task 2- Subsequent Request for Additional Information Responses It is anticipated that the SFWMD may submit additional RAIs to the City. This task has been established to cover this eventuality. Given the uncertainty involved in the number, contents, and work required to respond to the RAIs, this task will be authorized on time- and-materials basis, with a not-to-exceed fee. Also, this task assumes that any additional modeling required would be analytical on nature, similar to what has submitted thus far. If more extensive 3-dimensional numerical modeling (i.e., MODFLOW) is required, a modification to this Service Authorization Amendment will be required. Deliverables The following deliverables will be included as part of this authorization: Task Draft Deliverable Final Deliverable Task 1 -Request for Additional Information (August 8, 2003) Response Task 2-Subsequent Request for Additional Information Responses 3 coptes of RAI Response 3 copies of RAI Response 3 copies of RAI response 3 copies of each RAI response 0~6310036961376.D0~170002 3 Schedule CH2M HILL will commence work on the Scope of Services described herein upon receipt of a fully executed copy of this Specific Authorization from the City, which will serve as the notice to proceed. The following summarizes the proposed schedule. Time of Completion (weeks from dote of notice to proceed [NTP]) Task 8tart Finish Task 1 - Request for Additional Information (August 8, 2003) Response Task 2 - Subsequent Request for Additional Information Responses At NTP On or before February 4, 2004. Upon receipt of subsequent RAIs 30 days after receipt of each RAI Assumptions This scope of services was based on the following assumptions: If the CITY authorizes Task ~, CH2M HILL will attend one meeting with the City and one meeting with the SFWMD in association with each subsequent PAl received from the SFWMD. It is assumed that the results of the modeling being conducted by the SFWMD will be presented such that it can readily be ascertained whether increased withdrawals from Delray Beach are likely result in adverse MFL impacts. If additional modeling will be required to interpret the SFWMD's results, or if the impact associated with the increased withdrawals cannot be readily ascertained, a modification to this Service Authorization Amendment will be required. If the SFWMD does not release the results of its model runs prior to January 16, 2004, CH2M HILL will respond to RAI items 3 and 5 with a request for additional time to respond to these items. Compensation to the CONSULTANT Compensation for professional consulting engineering services as described herein is estimated at $19,500. Compensation for Task 1 shall be on a lump sum basis in accordance with Article VII.A.1 of the AGREEMENT. Tasks 2 will be performed on a time and materials basis, with a not cost not to exceed $10,000. Ta~k Deliverable Compenaatlon Task I - Request for Addl~onal Info~mallon (August 8, 2003) Response Task 2 - Sut~u~quent Request for Additional Information Req~onses D~t (85%) $8,000 Final (100%) $1,500 TBD $10,000 Total $19,500 Exhibit A attached presents a breakdown of the estimated labor and expense charges per the Agreement. This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: CH2M HILL, INC. (Corporate Se;d)- ,.-? . __ ~, "/f Date: '~' ,~r,.~/~ Be~in Bea~det ' (da~ Jeff Perlman Mayor Vis, President and Area Manager Wi ss Attest: ~TATE OF FLORIDA COUNTY OF BROWARD Approved as to Legal Sufficiency and Form The foregoing instrument was acknowledged before me this t ( day of December 2003, by Bevin Beaudet, Vice President and Area Manager, CH2M HILL HILL, Inc., a Florida corporation, on behalf of the corporation. He is per~-~ known to me and (did/did not) Dor~thy"G~o~rothy L. Guram 5tare or Plonoa "~'~'" AU.n~ n~,a ?hru Bonding Co, Ine (Seal) . C4~9310036961376'00~170(X)2 5 No. Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda AGENDA REQUEST Agenda Item ~'~A Date: December 29, 2003 When: January 6, 2004 Description of item (who, what, where, how much): Staff requests Commission approval of Service Authorization No. 9.1 to CH2MHILL for additional professional services relating to consumptive water use~ permitting and ground water modeling. The total amount of Service Authorization No. 9.1 is $19,500.00 and funding is available from Account # 442-5178-536-31.30, Engineering / Architectural. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of Service Authorization No. 9.1 for CH2MHILL in the ~m~ a2~fnSt lh9e'a5~ s~ ~:tur e: ~~. ~-~ ,2-2-~ - ~3 Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable):_ Budget Director Review (refllJ~d on all items involving expqndi)ure 9f fund. s):_ . . f_ ~ Funding available_~(~/~6Ofi/fa a~:v/Z~v( ~oCOa 77~-/C~Ta~nlicable Funding altematives (' PP ' ) Account No. & Description Account Balance City Manager Review: for Approved agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S AEngAdmin~Pr ojects~003~20034) 17~OFF1ClAL~AgendaReq- 122903.do¢ MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # 't~ CHANGE ORDER NO. CONTRACTORS. INC. - REGULAR MEETING OF JANUARY 6. 2004 1/FINAL PAYMENT/RPM GENERAL JANUARY 2, 2004 This is before the City Commission to approve Change Order No. 1 in the net add amount of $2,592.95, and final payment in the amount of $10,937.51 to RPM General Contractors, Inc. for completion of the Community Teen Center Skate Park Project. Gametime will reimburse the city $7,921.04 for repair of damage caused by their personnel. Funding is available from 117-6111-572-63.40 (Recreation Impact Fees/Recreational Improvements). Recommend approval of Change Order No. 1 and final payment to RPM General Contractors, Inc. for completion of the Community Teen Center Skate Park Project. S:\City Clerk\agenda memos\Final Payment. RPM General Contractors.01.06.04 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: SUBJECT: DATE: www. mydelraybeach.com DAVID HARDEN, City Manager VICTOR MAJTEN ,Y~Cot~snstruction Manager COMMUNITY TEEN CENTER SKATE PARK, (P/N 2001-023) DECEMBER 18, 2003 Attached is an Agenda Request for City Commission to approve a net add Change Order #1/ Final, in the amount of $2,592.95, and final payment in the amount of $10,937.51 to RPM General Contractors, Inc. for completion of the Community Teen Center Skate Park project (PN 2001-023). All changes for the project are itemized on the attached Exhibit A to Change Order #1, Final. The project is complete and all warranty documentation has been received. Staff recommends the City Commission approve Change Order #1/Final in the amount of $2,592.95 and final payment in the amount of $10,937.51 to RPM General Contractors, Inc. for the completion of the Community Teen Center Skate Park project. Funding is from account 117-6111-572-63.40, Recreation Impact Fees/Recreational Improvements. A Contractor Evaluation is also attached. cc: Richard Hasko; Director of ESD Rafael Ballestero; Dep. Director of Construction Joe Weldon; Director of Parks and Recreation Rich Connell; Assistant Dir. of Parks and Recreation City Clerk's Office Agenda File 01/06/04 File 2001-023(A) S:~EngAdminqh-ojccts~2001~2001-023\CONSTRCT~agd mcm CO 1 Fin 01.06.04.doc CHANGE NO. PROJECT TITLE: TO CONTRACTOR: CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT l(Final) PROJECTNO. 2001-023 DATE: Community Teen Center Skate Park RPM General Contractors, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION Complete changes to project per the attached schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT INCREASE THIS CHANGE ORDER 1.6 % TOTAL PER CENT INCREASE TO DATE 1.6 % $163,561.20 $o.oo $163,5~1.20 $2,592.95 $166,154.15 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. RFM General Contractors, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account 117-6111-572-63.40 ($2,592.95). DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: for Environmental Services APPROVED: By: ATTEST: By: Mayor City Attorney City Clerk SSEngAdmin~rojects~200 IL2001-023\CONSTRCT~COI Final doc -01.06.04.doc Community Teen Center Skate Park PIN 2001-023 Change Order #11Final Schedule A RPM General Contractors Contract To date ITEM I EXTENDED QNTY EXTENDED NO. ITEM DESCRIPTION UNIT UNIT PRICE QNTY PRICE PRICE I New Skate Park Feature; slab, fencing, & LS $65,000.00 1 $65,000.00 1.000 $65,000.00 ............. .a..w_n!.n.~ .s: ................................................................................................................................................................ 2 New Dumpster Enclosure LS $4,500.00 1 $4,500.00 1.000 $4,500.00 3 Landscape LS N/A 1 NA I N/A 4 Tree Removal/Root Removal LS $2,100.00 1 $2,100.00 1.000 $2,100.00 .... ~' .... Site Lighting LS $40,600.00 .......... 6A Type 'C' Inlet Boxes EA $1,750.00 2 $3,500.00 2 $3,500.00 6B Type 'E' Inlet Boxes EA $2,050.00 I $2,050.00 I $2,050.00 6C Exfiltration trench, 15" HDPE Pipe LF $65.25 164 $10,701.00 164 $10,701.00 6D Grade and Sod Swale SY $38.30 350 $13,405.00 350 $13,405.00 6E Type 'D' Curb LF $10.00 20 $200.00 20 $200.00 6F Concrete Sidewalk SF $25.00 120 $3,000.00 120 $3,000.00 6G Concrete Pads for Bleachers SF $4.16 720 $2,995.20 720 $2,995.20 6H Concrete Flume EA $500.00 1 $500.00 I $500.00 7* Contingency Allowance LS $15,000.00 1 $15,000.00 0 $0.00 .... .s. ....... j.n..d.t .m.,. ! .~ .a.t .Lo.,' ......................................... .L..S. ......... J j.0...0..0. ............... j ..................... .Si_0.._0. 0. .......... ! ..................... .$..10.:9. 0... TOTAL Base Bid $163,561.20 $148,561.20 * Contingency Allowance 7.11 Increase concrete slab thickness from 4" to 5". LS $2,865.49 0 $0.00 I $2,865.49 7.12 Regradc slab per equipment suppliers ...... ~' ........~'1','~ ~'1'.'~ }' ............. il' ........................................................ $0.00 1 specifications (Gamctime). "'~¥ ' ' ' ~['~ ~ '~v'~[; ~"~'~ 'i~r} ~'~[i J n' ]i~'s~ ,' ~] ['~ '~'~] ........ i~§' ........ ~'~'t'.'gi ...............il' ..................... '~ ~' ............................. 1 flush lines in Community Center; sewer lateral collapse. 7.42 Electric site lighting (conduit) repairs; re- LS $5,163.36 0 $0.00 1 $5,163.36 digging, re-compaction, and re-grading of skate subgrade/footer; work required as a result of sewer lateral collapse. TOTAL Contingency, items 7.11 to 7.42 $0.00 $9,671.91 City of Delmy Beach Community Skate Park, P/N 2001-023 Page P 1 of 2 Community Teen Center Skate Park PiN 2001-023 Change Order #11Final Schedule A 7.~ Pressure clean slab to apply 2 coats sealer to LS $2~086.72 0 $0.00 1 $6,727,37 correct demages from equipment installers. Reimbursed by Gametime. 7.~ Repair chain fencing to correct damages from LS $1,193.67 0 $0.00 I $1,193.67 equipment installers. Reimbursed by Gametime. TOT/IL Damage Claims, items 7.5 to 7.6 $0.00 $7,921.04 (to be reimbursed by Gametime) Original Contract $163,561.20 Previous Chan,qes $0.00 Contract approved to date $163,561.20 Actual Contract to date $166,154.15 Change Order #1 $2,592.95 City of Delray Beach Community Skate Park, P/N 2001-023 Page P2of2 AGENDA REQUEST ~,, ...-~... Agenda Item No. ~ Date: December 18, 2003 Request to be placed on: X __ Regular Agenda Special Agenda __ Workshop Agenda When: January 6, 2004 Description of item (who, what, where, how much): Approve net add Change Order #1/Final in the amount of $2,592.95 and final payment in the amount of $10,937.51 to RPM General Contractors, Inc. for completion of the Community Teen Center Skate Park project (PN 20_.01-053). All.changes for th~ Fdfiding is avail~able from account 117-6111-572-63.40, Recreation Impact Fees/Recreational Improvements. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recomm.e,Q.ds the City Commission approve Change Order #1/Final and Final Payment to RPM General Contractgf's, Jhc. ~ . ~ ./~ Department head signature: L<~/]~ E _~7~--_~ /Z-_l,~-t~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (re,.quk~ed on all items involving expenditure of funds): Funding available: E~:.~O Funding alternatives~if appli~ Account No. & Description See Above Account Balance//'7~///, City Manager Review: Approved for agenda: ~/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S:\EngAdmin\Projects~001~2001-023\CONSTRCT~Agd req CO I Fin 01.06.04.doc MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ - REGULAR MEETING OF _IANUARY 6. 2004 CONTRACT ADDITION (C.O. #1)/TLC DIVERSIFIED. INC. JANUARY 2, 2004 This is before the City Commission to approve a contract addition (C.O. gl) in the amount of $148,400.00 to the Rehabilitation of Lift Stations 19, 57, and 80 Project to include rehabilitation of Lift Stations 27 and 33. Funding is available from 442-5178-536-61.83 (Lift Station Conversion to Submersible). Recorrmaend approval of the contract addition (C.O. #1) with TLC Diversified, Inc. for the rehabilitation of Lift Stations 27 and 33. S:\City Clerk\agenda memos\Contract Addifior~TLC Diversified.01.06.04 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FRO M: DATE: SUBJECT: David T. Harden City Manager C. Danvers Beatty, P.~.~ Deputy Director of Pttl~tilities December 29, 2003 Rehabilitation of Lift Stations 19, 57 and 80 Contract Addition, Change Order No. 1 Rehabilitation of LS 27 & 33 Project Number 2003-016 Attached is an Agenda Request and Location Map for construction of the subject project. T.L.C. Diversified, Inc. is the contractor for the rehabilitation of lift stations 19, 57 & 80 and they have agreed to extend their unit price for the rehabilitation of lift stations 27 & 33 (see attached letter). Based on their performance on the previous lift stations, we are recommending award of a contract addition to T.L.C. Diversified, Inc. in the total mount of $148.400.00. Funding for this project is available from Account # 442-5178-536-61.83 (Lift Station Conversion to Submersible) budget transfer is attached. Please place this item on the January 6, 2004 Agenda for consideration by City Commission. Attachments CC: Richard C. Hasko, P.E., Director of Environmental Services Bob Bullard, Maintenance Manager City Clerk Agenda File SSEngAdminXProjects~2003~2003-016\OFFlCIAL~agenda m~rao 122903.doc Nov.25. 2003 3:llPM T L C DIVERSIFIED No,5711 P. 2 U~ C~S3~63 · GENERAL CONTRACTING GROUP Nowmbo- 25, 2003 Diversifie nc. · ENVIRONMENTAL CONSTRUCTION GROUP · UNDERGROUND UTILITIES GROUP ~n-. C. Danve~ Bcatt7 City of Delray Beach, Florid~ 434 S. Swin~n Awnue DelrayBe~.~ FL 33444 R~habilflationofLS# 19,57,~$0 TLC Proj~:~'t #: 034)9 Subjock LS # 27 & 33, Per our con~rsation we will hold Ibc unix ix'ices to rchabilitat~ LS # 27 ,~ 33. Bo~ds & I~ura~ Mobilizmioa Demobilization LS #27 Rehabilila~io~ LS #33 Rehabilitafio~ Grand Tot~! 4,0OO.OO 5,666,00 2,952.00 67,891,00 67.891,00 148,400,00 Pk:~e l~t us lmow at your earliest eo~ve~i~c~, so ~hat w~ m~y schedule this work. Should you b~ve any quosfioas cm~.erning this nmtter plca~ foci free ~o co~ct ~ at my office. Sincerely, TLC Diw~tfic~ Inc. c~: /ob Fi~ EAST COAST * 7233 SOUTHERN BOULEVARD * B-1 * WEST PALM BEACH * FL 33413 * 561-478-2025 * FAX 561-478-7189 MAIN OFFICE - 2719 17TH STREET EAST · PALM~-TTO - FL 34221 · 941-722.0621 * FAX 94t-722-1382 LUMBER CO. // ~ X w~ ~ ~ L" ~.o. [ ,j // q ~ McEWEN CONGRESS [ ff PARK //,~;C LUMBER ~ LAKE ~ ~ TRACT 'B' ) ~ME~ ~8 ~~ LIFT STA~ON L.S. 27 REHABILITA~ON ~o~*p LS 27 SOUTH DELRAY SHOPPING CENTER TROPIC ISLE DR. SITE J 0 Z CANAL C-15 "' LILAC DRIVE LOCATION MAP D^~:~2-~-~ LIFT STATION 33 REHABILITATION gs 35 2005-016 1 OF 1 AGENDA REQUEST No. Request to be placed on: X Regular Agenda __ Special Agenda __ Workshop Agenda Agenda Item ~' Date: December 29, 2003 When: January 06~ 2004 Description of item (who, what, where, how much): Staffrequests Commission Approval of a contract addition to T.L.C. Diversified, Inc. for Rehabilitation of Lift Stations 27, and 33 in the amount of $148,400.00. This contract addition is based on the unit price for lift station rehabilitation. Total contract addition will be $148,400.00 with funding from Account # 442-5178-536-61.83 (Lift Station Conversion to Submersible). ORDINANCE/RESOLUTION REQUIRED: YES/N._Q_O DRAFT ATTACHED YES/N.__QO Recommendation: Staffrecommends approval of a contract addition to T.L.C. Diversified, Inc. Department head signature: - I ~-- L~ - O ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (re~l~t on all items involving exp~mdjture of funds.): £~ Funding avallable.~?~/O bIy/'/~ tg.f~/-~( t~.~ ~ ~ Funding alternatives _(if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: ~/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Acfion: Approved/Disapproved S:~EngAdmin~Projects~2003~20034) 16\OFFICIAL~AgendaReq- 122903.d~c MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ ~N~ - REGULAR MEETING OF JANUARY 6. 2004 CONTRACT CLOSEOUT/PALM BEACH COUNTY JOINT PARTICIPATION AGREEMENT JANUARY 2, 2004 This is before the City Commission to approve the joint participation agreement closeout with Palm Beach County, the total value of work completed is $865,900.00 from the original agreement of $948,431.50, for utility upgrades and relocation associated with the Lake Ida Road Widening project. A balance of $82,531.50 will be liquidated from P.O. ~596438 and residual funds reverting to 441- 5161-536-63.78 (Chatelane Lift Station), 441-5181~536-69.21 (Barwick/Lake Ida Road Force Main), and 442-5178-536-65.18 (Lake Ida Road Utility Relocations). The project has been reviewed by staff and has been satisfactorily completed and all invoices paid. Recommend approval of the contract doseout of the Joint Participation Agreement with Palm Beach County for utility upgrades and relocations associated with the Lake Ida Road Widening Project and recove~ of the $82,531.50 left over balance. S:\City Clerk\agenda mew~s\Contract Closeout JPA.Palm Beach County.01.06.04 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: SUBJECT: DATE: www. mydelraybeach.com David Harden, ~Manager Victor Majtenyi, Uonstruction Manager LAKE IDA ROAD WIDENING PROJECT (P/N 1999-017) December 18, 2003 Attached is an Agenda Request to finalize and closing out the Joint Participation Agreement between the City of Delray Beach and Palm Beach County for utility upgrades and relocation associated with the Lake Ida Road Widening project (P/N 1999-017). The agreement was approved by City Commission on April 3, 2001, in the amount of $948,431.50. The project is complete and accepted by the City with final payment made to Palm Beach County. Due to plus/minus quantity adjustments, the total value of work actually completed is $865,900.00. A balance of $82,531.50 is to be liquidated form P.O.# 596438. Residual funds to be liquidated from P.O.# 596438 and transferred to their respective accounts as follows: 442-5178-536-65.18 441-5161-536-63.78 441-5181-536-69.21 TOTAL Lake Ida Road Utility Relocations Chatelane Lift Station Barwick/Lake Ida Road Force Main ($19,115.19) ($17,968.40) ($45,447.91) $82,531.50 Richard Hasko; Director of ESD Dan Beatty; Dep. Dir. of Public Utilities Rafael Ballestem, Dep. Dir. of Construction City Clerks Office Agenda File 01/06/04 File 1999-017(A) S:\EngAdmin\Projects\ 1999\99-017XOFF1CIAL~Joint Part - Closeout Memo 01.06.04.doc PAlm Beach County Board of Count~ Commbsloflex~ J~ff ~ons ~n H. N~well December 9, 2003 City of Delray Beach Environmental Services Dept. 434 South Swinton Avenue Delray Beach, Florida 33444 Attention: C. Da-~vers Beatty, P.E. DeDuty Director of Public Utilities Utility Reimbursement Agreement Lake Ida from Military to Congress Gentlemen: Please be notified that all billings to the City of Delray Beach on this project are final. The last invoice for $9,886.18 sent to you on November 4, 2003 and received on Noveraber 18, 2003 related to the final Day application. Sincerely, Robert D. Ward, Fiscal Manager I Administrative Services AGENDA REQUEST Agenda Item No. Date: December 18, 2003 Request to be placed on: X __ Regular Agenda Special Agenda __ Workshop Agenda When: January 6, 2004 Description of item (who, what, where, how much): Approve closeout and completion of the Lake Ida Road Widening project (P/N 1999-017), and terminate the Joint Participation Agreement between the City of Delray Beach and Palm Beach County for utility upgrades and relocations associated with the project. The project is complete and accepted by the City with final payment made to Palm Beach County. With plus/minus quantity adjustments, the total value of work actually completed is $865,900.00 from the original agreement of $948,431.50. A balance of $82,531.50 is to be liquidated form P.O.# 596438. Residual funds to be liquidated from P.O.#596438 to accounts 441-5161-536-63.78, 441-5181-536-69.21, and 442-5178-536-65.18. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends the City Commission closeout and terminate the Joint Participation Agreement with Palm Beach County for utility upgrades.and relocations associated with the Lake Ida R°ad Wide nin g pr°ject ( PIN 19~/(~1~ 7.) ~,,..~3r~. ,~ Department head signature: ~ ~ ~. -~/_) ~ ! ~-~p--c,-5 Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable): Account No. & Description See Above Account Balance ~ n ~,, ,~ ~'c.~ .~ a [~ n~'C~ City Manager Review: Approved for agenda: ~NO ~o~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Approved/Disapproved Action: S:\EngAdmin\Projects\1999\99-017\OFFIClAL~Joint Part - Closeout Agd req 01.06.04.doc MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~L._ - REGULAR MEETING OF JANUARY 6, 2004 CANCEIJ.&TION OF CONTRACT (COLE INDUSTRIAL & TECHNICAL SUPPLY. INC.) JANUARY 2, 2004 On October 21, 2003, the City Commission approved a bid award to Cole Industrial & Technical Supply, Inc. for furnishing pipe fittings and accessories. On December 16, 2003, Cole Industrial & Technical Supply, Inc. notified the City requesting withdrawal of their bid award based on the small award amount of two items. Staff is recommending cancellation of the contract with Cole Industrial & Technical Supply, Inc. and authorization for staff to re-award these items to second lowest bidders, Ferguson Underground and Hughes Supply, Inc. Funding is available from various departmental operating budgets. Recommend approval of the contract cancellation with Cole Industrial & Technical Supply, Inc. and the re-award to Ferguson Underground and Hughes Supply, Inc. for furnishing pipe fittings and accessories. S:\City Clerkagenda memos\Contract Cmacegation Cole Industrial 01.06.04 MEMORANDUM TO: FROM: THROUGH: DATE: SUBJECT: David Harden, City Manager Jacklyn Rooney, Purchasing Manager ~ Joseph Saffor~tnce Director December 22, 2003 DOCUMENTATION - CITY COMMISSION MEETING JANUARY 06, 2004 - CANCELLATION OF CONTRACT WITH COLE INDUSTRAIL FOR BID #2003-52 - PI]?E FITTINGS AND ACCESSORIES - ANNUAL CONTRACT Item Before Commission: City Commission is requested to cancel the award to Cole Industrial for items awarded to them at the City Commission meeting of October 21, 2003 and authorize staff to reward these items to second low bidders. Background: City Commission at their meeting of October 21, 2003, awarded Bid #2003-52, Pipe Fittings and Accessories, Annual Contract, to various vendors. Cole Industrial was awarded two items in Group #16 - Miscellaneous Items. An award letter and contract for signature was mailed to vendor on October 22, 2003. Cole IndustTial has submitted a facsimile transmittal dated December 16, 2003 requesting withdrawing of their bid award based on the small award amount of just two items in this miscellaneous group (copy of facsimile attached). Recommendation: Staff recommends the cancellation of the award to Cole Industrial and approval to award these items to next low bidders for each item (Ferguson Underground for Item #206 and Hughes Supply Inc. for item #211). The total estimated annual increase for these items would be less than $100 per vendor. Funding from various departments operating budgets. Attachments: Award Letter to Cole Industrial Fax Received from Cole Industrial SUPPLY. 1510 31" STREET TAMPA, FL 33605 PHONE: 813-854-5655 FAX: 813-814-1755 WWW.COLEINDUSTRIAL.COM FACSIMILE TRANSMITTAL SHEET TO: TOTAL NO, OF PAGP~ I~I(~ING COVER: URGENT [] FOIl. REVIEW [] PLEASE COMMENT ~PLEASE REPLY [] PLEASE RECYCLE AGENDAITEM NUMBER: AGENDA REQUEST Requesttobeplacedon:Janua~06,2003 XX Consent Agenda - Description of agenda item: Special Agenda Date: December 22, 2003 __ Workshop Agenda Cancellation of contract award to Cole Industrial for items awarded to them by City Commission on October 21,2003 for the annual contract for furnishing pipe fittings and accessories per Bid #2003-52 and re-award these items to the next Iow bidders, Ferguson Underground and Hughes supply. The total estimated annual increase for Ferguson Underground and Hughes Supply would be less that $100 per vendor. Funding from various departments operating budgets. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Department Head Signature:~ Determination of Consistency witl'~mprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes No Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda~ ~ No Hold Until: Agenda Coordinator Review: Received: (if applicable) December 10, 2003 LANGTON Associates RECEIVED DEC 1 5 2003 CITY MANAGER Mr. David T. Harden City Manager City of Delray Beach 100 N.W. 1st Street Delray Beach, Florida 33~.~.~. RE: Grant Consulting Contract Renewal Dear Mr. Harden: Marie Horenburger has conveyed the discussion at the City Commission's meeting last night to me. We are pleased to continue to provide service to the City of Delray Beach through a smartGRANTS contract. I have enclosed a draft contract for your review. This product has several different components. One component is a weekly e-mail sent to staff notifying them of all federal, state, and foundation deadlines announced in the last week. We will begin providing this information to Department Directors and other staff we have assisted over the last three years immediately. Additionally, we provide limited grant writing services - up to a maximum of 4 applications based on the complexity of those applications. I will need direction from you quickly in whether you want us to assist staff with the Emergency Management grants due February 10. We have continued to provide service to the City of Delray Beach after our contract expired on October 31, 2003. For this reason we would appreciate your consideration on being paid at that contract rate ($5,208.33) for the month of November. Because the Commission has indicated their intention we will bill for the month of December at the new rate of $30,000 per annum ($2,500 monthly). Thank you for your consideration in this matter. Sincerely, Mike Langton President 1 t 8 West Adams Street, Suite 700 "Jacksonville, FL 32202" (904) 598-1368 * (904) 598-1837 Fax * mlangton@langtoncounsulting.com CONSULTING AGREEMENT This consulting agreement made on this day of November, by and between Langton Associates, Inc., hereinafier referred to as "Langton", and Delray Beach, hereinatler referred to as "Client" under the following terms and conditions: RECITALS 1. Langton agrees to provide professional consulting services to Client for the term of 12 months, commencing November 1, 2003, and ending October 31, 2004. Langton agrees to exercise its best efforts to obtain governmental grants and benefits for client. It is understood, however, that Langton cannot guarantee results that any certain amount of funds will be obtained for Client. 2. Pursuant to this agreement Langton agrees to provide specific services as follows: Ao Grant Development and Professional Packing for up to 4 grants; Prepare and deliver a Weekly E-mail Grants Alert; and Perform Personalized Grant Research and Consultation. Optional Service: Additional grants will be prepared at Client request for an additional fee. 3. In exchange for Langton performing these services as established herein and devoting agency time, Client agrees to pay Langton the sum of $30,000 to be paid in twelve (12) equal installments of $2,500.00 per month. 'Client agrees that payment herein shall be made monthly by the 10th day of the following month after the invoice rendered by Langton. 4. Langton agrees to devote the necessary time and performance of duties for Client, and shall report to the City or its designee on all matters concerning this agreement and the discharge of its scope of services. Inasmuch as the professional services rendered are of a subjective nature subject to differences of opinion, mutual confidence and respect are necessary. Accordingly, this contract can be terminated by either party without cause upon giving of a thirty (30) day notice as follows: As to Langton: 118 West Adams Street, Suite 700 Jacksonville, Florida 32202 As to DELRAY BEACH: David Harden City Manager 100 N.W. Ia Street Delray Beach, Florida 33444 In the event of a contract termination, Client's responsible to pay Langton fees and expenses will be limited to the period up to the termination date. All work products prepared by Langton in behalf of the Client will be determined to be Client property. 5. Client agrees to pay all the expenses of Langton in conjunction with his services directly relating to Client. This shall include, but not be limited to, travel expenses (other than between Jacksonville and Client), which shall be air expense on coach flights, car rental, hotel (at commercial rates), and food (maximum of $25.00 per day). Langton will submit the invoice for these expenses which shall be paid together with the salary by the next month. If desired, Client can require a prior approval for travel expenses to be incurred by Langton. If Client so desires, such request shall be made in writing separate from this agreement. The notice shall require Langton to notify Client fifteen (15) days in advance of necessary travel expenses, unless said time is waived in a particular case. 6. Extension of Agreement. This Agreement maybe extended on an optional basis at the end of the term for two (2), one (1) year periods upon mutual agreement of the parties. WHERETO, the parties have set their hands and seal effective this day of December, 2003. ATTEST: LANGTON ASSOCIATES, INC. By:. Michael Langton, President ATTEST: CITY OF DELRAY BEACH By: Jeff Perlman, Mayor Approved as to Form: DATE: £1T¥ OF I ELRI:I¥ BEI:I£H Ali-America City 1993 2001 100 N W Is[AVENUE DELF~AY BEACH FLORIDA 33444 MEMORANDUM TO: David T. Harden, City Manager ~Robert A. Barcinski, Assistant City Manager FROM: SUBJECT: Agenda Item ti ~ City Commission Meeting January 6, 2004 Approval Special Event - Cinco De Mayo Fiesta DATE: December 15, 2003 ACTION City Commission is requested to endorse the Cinco De Mayo Fiesta to be held on Saturday, May 1, 2004, from 11:00 a.m. - 10:00 p.m. at Old School Square to grant a temporary use permit per LDR Section 2.4.6(H) for the closure of NE 1st Avenue on the north side of the grounds of Old School Square to the loading gate area and to authorize staff support for security, trash removal, signage, and to consider a waiver of LDR's Section 4.6.7 (D)(3)(j)(ii) to allow the installation of event signage on April 21st. BACKGROUND Attached is an event permit received from Ms. Janie Rameriz, Chairperson of the Fiesta. Cinco De Mayo celebrates the date Mexican soldiers defeated the French at Puebla Mexico. This celebration is a party that represents freedom and liberty. The committee is composed of Hispanic residents of our City. The event will be held on the Old School Square site, and they are requesting partial closure of NE 1st Street. The committee will be responsible for event lnanagement, liability insurance, vendor approval, site set up, and fencing. This event was held last year, and overtime costs were about $2,987. Last years attendance was approximately 2,000 people; therefore the Fire Department EMS services are not required. The estimated overtime cost is $3,560. Attached is a copy of the event budget and site plan. Since alcohol beverages will be sold and they will be charging admission, the site will be secured to contain alcohol consumption on site. Barricades set up can be done on regular time. We also would require that all alcoholic beverages be served in paper or plastic cups, no bottles. Per event policies and procedures there is no charge for the first $5,000 of City costs. 561/243 7000 THE EFFORT ALWAYS MATTERS on Recycled Paper Printed Cinco De Mayo Fiesta December 15, 2003 Page #2 RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit for the closure of the north end of NE 1st Avenue, staff support for traffic control and security, barricade set up, signage and waiver of LDR's to allow signage installation April 21st. Approval to be contingent on the receipt of a hold harmless agreement and receipt of the certificate of liability insurance and liquor liability insurance as well as the conditions for serving alcoholic beverages and site fencing. RAB:tas Doc:Agenda Cinco de Mayo 2004 City of Delray Beach Special Event Permit Application PLEASE PRINT EventName/-I'itle:~//v'ff/t~ /"DE' ;}q~,'~.~z9 ~/,~ ..%t~ EventDate(s): ~J.~a.~ j,~__.~4- ~?0~)~/ Event Time(s): Event Sponsor/Producer: Event ContacffCoordinator: Name: ~ Address: Telephone Number: ~G.9 ~ q 6 Cellular Number: Event Description/Purpose: Sponsor Category (please check)City [] Non-Profit/Charitable m/Private [] Co-Sponsor- Non-Profit/Private [] (If Non-profit attach proof of 50fc(3) or (d)) Event.~ocat,o? (Descr, ibe ar,ea boundaries of event/lo:ation): Site plan attached (Site plan required for entire event site) Event budget attached (Required for all events) yes 1// no yes I/ no Serving or selling alcoholic beverages yes I/ no (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) ! / Event certificate of insurance attached yes ~ no (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music (Waiver required) Requesting Police assistance (traffic control/security) yes yes, Will supplement with private security (If yes, need plan attached) yes. Requesting Emergency Medical assistance yes. Requesting barricade assistance yes ~ Requesting trash removal/clean up assistance yes Requesting trash boxes and liners yes no no no no no no no Requesting stage use (If yes, check type) Large stage covered [] Half small stage [] Requesting signage Type: Event sign .~/ yes¸ no Largestage no cover [] Smallstage [] yes V/'' no Directional signs Banner hanging Indicate dates required I~ ~; L ~3 ! ~ (Waiver required if more than one (f) week ~rior t6 event) Food and beverage vendors If yes, approximate number Health Department approval Other vendors Tents yes I/ no yes ~ no yes ~ no yes ~ no (If yes, tent permits and fire inspections maybe needed) Will the event include amusement rides yes no (If yes, type and location and copy of liability insurance required) Will the event be gated (Show on-site map) yes i//'' no Will there be fireworks or other pyrotechnics yes (If yes, contact Fire Marshall) no Will there be cooking with compressed gas (If yes, contact Fire Marshall) yes ~// no 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 restroom needs) there be a charge for the evert~o~?O (If yes, indicate ticket prices) yes 1// no Is reserved parking requested (If yes, indicate locations) yes no ~ ~Event Co ntractor/Coord~[ato~ Please print: 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 Only1 Date Received Application fee received Site map ~'~ ~ Budget. ~,~ ~ Certificate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 501c(3) or (d) ~ or letter ~' Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval Hispano-Latino Culturnl Alliance, Inc. Cinco De Mayo Fiesta 1114 Southwest 8th Avenue Delray Beach, FI.33444 The purpose for the fiesta is Delray Beach Loves to celebrate diverse cultural. Well, it was time the Hispanic community celebrated one of our favorite holidays: Cinco De Mayo which will take place on the grounds of Old School Square, Saturday May 1st., 2004. A fiesta means music, dances, lots of mexican food and of course hot dogs and other foods. This will be an Opportunity for the Hi.~panics to get better acquainted with all of Delray. I believe in Unity with all of our friends and neighbors. Delray's Cinco De Mayo Fiesta will honor the triumph of Mexico over the French military invaders on May 5, 1862The city of Puebla, in the state oftbe same name has important roles in Mexico's history. The celebration of the Cinco De Mayo is the 3rd in importance in Mexico after the Independence Day on September 16th and the November 20th,Revolution Day. The Cinco De Mayo, however, is the biggest Mexican celebration in the United States. ThankY. ou ~ , ~mi~rez~ ~ Income CINCO DE MAYO FIESTA MAY 1ST,2004 Budget Projections Expenses Admission(I,500 x $2) Concession T-Shirts Vendors Bingo Subtotal Sponsorships corporate/private in-kind Subtotal $3,000 Production $4,300 $ 250 $1,500 250 $9,300 $4,000 6,000 $10,000 Site Rental $1,250 Fencing 2,000 Beer/soda&supplies 1,600 T-Shirts 850 Volunteer hospitality 300 Equipment rental 750 Security 1200 Subtotal $7,900 Talent/Entertainment D.Jd Band fee $3,500 Children's activities 850 Decorations 100 Donations 250 Total $19,300 Subtotal $4,700 Marketing Newsprint $4,000 Radio 1,250 Printing 250 Scholarships 1,000 Subtotal $6,500 Overhead Liability Insurance $1,962.00 Licensing 200 Office Supplies 150 Meeting Expense 100 Accounting 500 Subtotal $2,912.00 Total $22,012 Differenc~ ($2,712) 5O $0-00-225332"85C This certifies that JLcr '- nsumer's Certificate of Exempt ior;"il I~ued Pursuant Io Chapter 212. Florida Statutee j- 01/22/03 iT' 01/22108 '~l~ective Date Expiration Date DR-14 R 01!02 1 50~t1c) t3) ORGANIZATION ] HISPANO LATINO CULTURAL ALLIANCE INC 1114 SWeTH AVE DELRAY BEACH FL 33444 is exempt from the payment of Florida sales and use tax on real property rented, transient rental property rente~, teng.ble perscnal property purchased or rented, or services purchased. j 'Important Information for Exempt Organizations DR-lC R. 01/02 2. 3. 4, You must provide all vendors and suppliers with an exemption certificate before making tax-exempt purchases. See Rule 12A-1,039~ Florida Administrative Code (FAC), Your Consumer's Certificate of Exemption is to be used soleiy by your organization for your organization's customary nonprofit activities. Purchases made by an individual on behalf of the organization are taxable, even if the individual will be reimbursed by the organization, Th;s exemption applies only to purchases your organization makes. The sale or lease to others by your organization of tangible personal property, sleeping accommodations or other rea~ property is taxabie. Your organization must register, and collect and remit sales and use tax on such taxable transactions. Note: Churches are exempt from this requirement except when they are the lessor of real property (Rule 12A-1,070, FAC). It is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no circumstances should this certificate be used for the personal benefit of any individual Violators will be liable for payment of the sales tax plus a penalty of 200% of the tax, and may be subject to conviction of a third degree felony. Any violation will necessitate the revocabon of this certificate. If you have questions regarding your exemption certificate, please contact the Exemption Unit of Central Registration at 850-487-4130. The ma!ling address is 5050 West Tennessee Street. Ta[lahassee, FL 32399-0100. MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM SPECIAL EVENT TOURNAMENT - REGULAR MEETING OF _IANUARY 6. 2004 REOUEST/EAST END VOLLEYB.AI.I. JANUARY 2, 2004 This is before the Commission to approve a request from East End Volleyball for special event approval to allow the East End Volleyball Tournament to be held at the municipal beach on March 6 and 7, 2004. Details axe outlined in the attached memorandum from Mr. Weldon. We have hosted volleyball tournaments sponsored by various marketing groups on our municipal beach and it has been very successful. Recommend approval of the special event request for the East End Volleyball Tournament. S:\City Clerk\agenda memos\East End. Volleyball.01.06.04 £1TY OF I)ELAAY BE;Ifil DELRAY BEACH AII-Amedca City 1993 100 N.W, 1st AVENUE, DELRAY BEACH, FLORIDA 33444. 561/243-7000 MEMORANDUM TO: FROM: SUBJECT: DATE: David Harden City Manager Joe Weldon Director of Parks and Recreation East End Volleyball Tournament - March 6 and 7, December 30, 2003 2004 Attached please find a request from Richard Heiles of East End Volleyball to hold a volleyball tournament on our beach on March 6 and 7, 2004. East End Volleyball is requesting the following: 1.) Set up of 20 courts on Friday, March 5~n and broken down on Sunday, March 7~h on the beach adjacent to Sandoway Park. 2.) A $5.00 parking fee per car per day with restricted parking at Sandoway Park for players. Our Ocean Rescue staff collects this money and deposits it in their competition fund. 3.) All cleanup during and after the event will be provided by their staff. 4.) They are requesting signage for 10 sponsors for advertising, one of which is Corona Light. 5.) They will provide us with a certificate of insurance, naming the City of Delray Beach as additional insured with a minimum of $1,000,000 liability. 6.) They will donate $1,000 to the Ocean Lifeguard competition fund. We had a successful volleyball tournament on our beach with them last year. I recommend approval for this event, and request you place it on the January 6, 2004 agenda for City Commission consideration. THE EFFORT ALWAYS MATTERS Please review and advise. Di~tor of Parks a Recreation Attachment cc: Rich Connell Assistant Director of Parks and Recreation Bob Taylor Ocean Rescue Superintendent Carolanne Kucmerowski Agenda Coordinator JW:cp Ref:eastendvb Box 49 Hampton Bays, NY ttg46 eevb~/-2000,=om w~w.eev~.n~t ~-~97 Fax: ~-728~78 1~22~3 Joe Weldon Parks and Recreation Department 50 NW 1st Ave. Delray Beach, FL 33444 Fax: 561-243-7268 Dear Mr. Weldon, Bob Taylor asked that I send you this letter with specific details about the beach volleyball tournament that EEVB has requested to run on March 6-7, 2003. The tournament will be for men, women and coed doubles teams held on 20 courts. The tournament will be set up on Friday, March 5 and broken down Sunday March 7. The following companies will sponsor the event: 1. Corona Light 2. Wilson Sporting Goods 3. Southwest Airlines 4. Native Eyewear 5. WearEver Beach Chairs 6. Sixpak Volleygear 7. Atlantic City Hilton Casino 8. Park& Sun Sports 9. Spike Nashbar 10. Glamour Magazine All of these sponsors will have some signs at the event. The signs will mostly be 30" high by 8' long with a PVC pipe frame. They will be hammered into the sand and also serve as ball stops between the courts. Some of the signs will be hung up on the eight 10' x 10 canopies around center court. The tournament will be located at the same area of the beach as in 2003. I understand that players will have to pay a parking fee. EEVB will send a $1,000 check to cover the fee for using the beach. Please feel f~ee to contact me if you have any other questions or need any additional information. Sincerely, Richard Heiles DEC-22-~3 MON 12:~..~PM T[~: Page 1 of 1 Pierpont, Carole From: Connell, Richard Sent: Tuesday, December 30, 2003 1:59 PM To: Pierpont, Carole Subject: FYI: Tournament application items ..... Original Message ..... From: Taylor, Bob Sent: Tuesday, December 30, 2003 1:15 PM To: Connell, Richard Cc: Weldon, Joseph Subject: FW: Tournament application items Here are the specifics that were requested of East End and Richard Heiles. Bob Taylor Superintendent Delray Beach Ocean Rescue 561-243-7352 ..... Original Message ..... From: Rich Heiles [mailto:eevb@i-2000.com] Sent: Tuesday, December 30, 2003 12:57 PM To: Taylor, Bob Subject: Tournament application items Bob, Here is a list of items to clarify my earlier letter requesting use of the beach for a volleyball tournament: 1. The requested site is the beach just south of the S-3 Lifeguard Tower. 2. EEVB staff will clean up the beach during and at the conclusion of the tournament. 3. We do not need access to the beach for any vehicles. 4. We will not need any overnight parking for our vehicles. 5. I realize that players will be charged a $5 parking fee if they use the Sandaway parking lot. Please let me know if you need any additional info for the permit. Thanks for your help. Richard Heiles East End Volleyball 631-728-0397 eevb~,i-2000.com www.eevb.net 12/30/2003 Date: Dec. 30. 2003 Request to be placed on: Consent Agenda When: January 6~ AGENDA ITEM NUMBER: AGENDA REQUEST x Regular Agenda 2004 Workshop Agenda Special Agenda Description of Agenda Item (who, what, where, how much): Request approval to host East End VolleybaLl Tournament March 6 and 7, 2004 on our municipal beach using 20 courts on the beach near Sandoway Park. They will donate $1,000 to our Lifeguard Competition Fu~d and the $5 parking fee per car per day will also be deposited in this fund. Department Head Signature: City Attorney Revie~Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: Yes / No Initials: Hold Until: Agenda Coordinator Review: Received: £1TY DF DELRI:IY BEI:IrH DELRAY BEACH Ali-America City 1993 2001 100 NW 1st AVENUE MEMORANDUM DELRAY BEACH, FLORIDA 33444 561/243-7000 TO: FROM: David T. Harden, City Manager ~i~obert A. Barcinski, Assistant City Manager DATE: SUBJECT: December 15, 2003 AGENDA ITEM ~ CITY COMMISSION MEETING JANUARY 6~ 2004 ACCEPTANCE OF SEVEN (7) SURPLUS PARCELS ACTION City Commission is being requested to accept seven (7) vacant surplus parcels from Palm Beach County at no charge to the City that the County acquired by tax deed. BACKGROUND I have received from the County a letter and back up material offering to the City seven (7) surplus vacant parcels that were acquired by tax deeds in accordance with Florida statutes. Attached is the letter and back up material received. Staff has reviewed the need and possible use of these parcels. Staff has indicated that all parcels can be used for our Housing Renaissance Program Per statutes, all liens against the property and tax certificates against the property have been canceled and the properties have been deeded to the County. U:~AGENDA~Agenda Item 010604 Surplus Parcels.doc THE EFFORT ALWAYS MATTERS on Recycled Paper SUBJECT: AGENDA ITEM CITY COMMISSION MEETING JANUARY 6~ 2004 ACCEPTANCE OF SEVEN (7) SURPLUS PARCELS December 15, 2003 Page 2 RECOMMENDATION Staff recommends acceptance of the seven (7) vacant surplus parcels being offered by Palm Beach County. RAB/tas Attachments File:u:sweeney/agenda Doc:Agenda Item 010604 Surplus Parcels 11/12/2003 16:00 FAX 5612330210 PBC PROPERTY & REAL EST ~001 Iqellitlel Development & Opera, ohs Del~rtment Pn~ & Rea~ Estate Man~lement DMslon We~t Palm B~ch, Fl. 33406-1648 Pnlm B~ch County Bored of County Comml~ionem Kamn T. Marcus, Clair Tony Masi~o~l, ~ C~alrman J~ff Kaons Warren H. Newell Me~ MoCa~y Burr Anronson Addle Greene County Administrator Rd~e~ Weteman FACILITIES DEVELOPMENT AND OPERATIONS PROPERTY & REAL ESTATE MANAGEMENT DMSION Telephone: Fax: DATE: TO: (561) 233-0288 / Suncoat 274-0288 (561) 233-0210 / Suncom 274-0210 FACSIFm.~ TRANSMi'r~'AL COVER SHEET November 12, 2003 Robort A, Barcimki, Assistant Gity Ma.~ger Ci~ of Delray B~awh $61-243-7199 (Dclray Beach, FL) FROM: Steven K. Schlamp Property Sl~'cialist Number of pages including cover sheet: Three (3) Bob, Palm Beach County would ILke to convey to the City of De[ray Beach seven (7) vacant parcels at no charge that the County acquired by tax deeds, A brief description of the parcels is on the attached 5nmmnry sheet and a map is also attached showing the location of each parcel. What we require in order to convey these parcels to you is a letter requesting same on Delray Beach's letterhead. The letter should be from you and should: (1) Bc addressed to Mi'. Ross Herin~ D/rector, Property & Real Estate Management (address on top left of this tax). (2) Reference the parcels to be conveyed. As there arc numerous parcels, it may be easier to simply reference the "Preliminary Disposition Summary Sbee~ - FaU 2003". (3) Reference what Delray Beach plans on doing with the parcels (.preferably using them for affordable housing needs, but ii' the parcels are too small, then they will be used for community improvements, recreation, beautification, Be adviscdthat, per Florida Statutes 270.11, ~ha County will not release mineral and l;~'troleul~ fights but will release entry and ~xploratiun rights. Should you have any questions, do not hesitate to contact me at (561) 233-0239. Thank you. cc: Samara 7. Cooper, Assistant Dkcotor (w/aitach.) Riolmrd C. Bogarin, Manager, Pro~ty Management (w/~ch.) O:~op~y ~ 8~l]o~po~llio~s~DelmyBea~h.FgllO0~F~x.B~Bsmi~kl,R~.I 112o3.dae LAKE IDA S.D. SPADY ELEMEN TAR Y SCHOOL MARTIN ATLANTIC 3RD LUTHER IST ST. KING JR, DRIVE FIRE STATION NO. I AVEN TENNIS STADIUM POLICE SOUTH COMPLEX COUNTY COURT HOUSE PARCEL #1 PRELIMINARY DISPOSITION SUMMAR~ 511 N.W. 2ND STREET SUBJECT AREA SUPPLEMENTAL DATA APPROXIMATE ACREAGE : 0,17 ABRIDGED LEGAL DESCRIPTION: TOWN OF DELF~Y E 50 FT. OF W 150 FT. OF S. 150 FT. OF BLK 18 ZONING: R-I~A (SINGLE FAMILY RESIDENTIAL) FLUM: LD (LOW DENSITY RESIDENTIAL, 0-5 UNITS/ACRE) EXISTING LAND USAGE: VACANT WITHIN TRAFFIC ANALYSIS ZONE: :~559 WITHIN CENSUS TRACT: ~7.00 ACQUIRED B"~' TAX DEED ASSESSED VALUE: $9,240 BOOK/PAGE NUMBER: MONTH/YEAR OF S j < COMMUNITY < FIRE CENTER STATION ~ ~, TENNIS ATLANTIC AVENUE COURT -- HOUSE S.W, 2ND ST. , MERRI TT ~ I oF ~ PALM BEACH COUNTY CITY OF DELRAY BEACH PUBLIC WORKS COMPLEX WA TER TREA TMEN T PLANT z S.W. 6~ ST, PARCEL #2 PRELIMINARY DISPOSITION SUMMARY XXX S.W. 2ND STREET SUPPLEMENTAL DATA APPROXIMATE ACREAGE : 0.12 ABRIDGED LEGAL DESCRIPTION: TOWN OF DELRAY W 35 FT. OF E. 135 FT. OF N, 100 FT. & S. 50 FT. OF N. 100 FT. OF E 35.5 FT. OF W. 135.5 FT. OF BLK 31 ZONING: R-I ~ (SINGLE FAMILY RESIDENTIAL) FLUM: LD (LOW DENSITY RESIDENTIAL, 0-5 UNITS/ACRE) EXISTING LAND USAGE: VACANT WITHIN TRAFFIC ANAL 'ISIS WITHIN CENSUS TRACT: ~68,02 ACQUIRED B~' TAX DEED ASSESSED VALUE: $7,920 BOOK/PAGE NUMBER: 14351 / 76 MONTH/YEAR OF S N.W. 3RD ST. POMPEY PARK N.W, 2ND L I F PARCEL #3 PRELIMINARY DISPOSITION SUMMAR~ 46 N.W. 12TH AVENUE SUBJECT AREA SUPPLEMENTAL DA TA APPROXIMATE ACREAGE: 0,16 ABRIDGED LEGAL DESCRIPTION: ATLANTIC PARK GARDENS, DELRAY LOT 28 BLK 1 ZONING: R~I-A (SINGLE FAMILY RESIDENTIAL) FLUM: LD (LOW DENSITY RESIDENTIAL, 0-5 UNITS/ACRE) EXISTING LAND USAGE: VACANT S N.W. SRD ST. POMPEY PARK N.W. 2ND 1ST I ~ ATLANTIC AVE. V GA TEWA / S2N. 1ST ST. PARCEL ~4 PRELIMINARY DISPOSITION SUMMARY XXX S.W. 13TH AVENUE SUBJECT AREA SUPPLEMENTAL DATA ST. ATLANTIC GA TE WA Y MINI PARKS u~ S.W. 1ST 2ND DELRA Y FULL SERVICE CENTER 3RD AVE. ST, S.W. PARCEL fi5 PRELIMINARY DISPOSITION SUMMARY 142 S.W. 11TH AVENUE SUBJECT AREA SUPPLEMENTAL DATA APPROXIMATE ACREAGE : 046 ABRIDGED LEGAL DESCRIPTION: ATLANTIC GARDENS DELRAY LOT 23 BLK 6 ZONliVG: RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSIT~ FLUM: MD (MEDIUM DENSITY RESIDENTIAL, 5-12 UNITS/ACRE S NI NN ½N ATLANTIC AVENUE III 1 ST 3RD S.W. 3RD CT. CIRCLE NORTH HAITIAN CA THOLIC CHURCH PARCEL #6 PRE£/M/NARY DISPOSITION SUMMARY 119 S.W. 9TH AVENUE SUBJECT AREA SUPPLEMENTAL DATA PCN#: 12~3~6-17-38q300q3290 APPROXIMATE ACREAGE: 0,15 ABRIDGED LEGAL DESCRIPTION: LINCOLN PARK, DELRAY LOT 29 ZONING: RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSIT~ FLUM: MD (MEDIUM DENSITY RESIDENTIAL, 5-12 UNITS/ACRE EX/STING LAND USAGE: VACANT WITHIN TRAFFIC ANALYSIS ZONE: ~ WITHIN CENSUS TRACT: #68.01 ACQUIRED BY: TAX DEED ASSESSED VALUE: $13,860 BOOK/PAGE NUMBER: 15777 11833 MONTH/YEAR OR RECORDtNG: 08/2003 PLANNING S PINE GROVE ELEMENTARY SCHOOL FALL RIDGE 1 0TH II OF DELRA Y GULF STREAM COMMERCIAL CENTRE LINTON TRUSS COUNTY SECURITY SELF STORAGE STREET ONE LINTON BL VD. PARCEL #7 PRELIMINARY DISPOSITION SUMMAR~ 1015 S.W. 2ND AVENUE (MANGO DRIVE) SUBJECT AREA SUPPLEMENTAL DA TA FOR INFORMA 770NAL pURFOSE$ ONLy APPROXIMATE ACREAGE: 0.12 ABRIDGED LEGAL DESCRIPTION: SUNSET PARK DELRAY LOT 51 ZONING: R-1-A (SINGLE FAMILY RESIDENTIAL) FLUM: LD (LOW DENSIT~ RESIDENTIAL, ~5 UNITS/ACRE) EX~STING LAND USAGE; VACANT WITHIN TRAFFIC ANALYSIS WITHIN CENSUS TRACT: ~8.01 ACQUIRED BY: TAX DEED ASSESSED VALUE: $9,240 BOOK/PAGE NUMBER; 15666 / 732 MONTH/YEAR OF S LINTON --BOULEVARD MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # '~ (~ - REGULAR MEETING JANUARY 6. 2004 REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: JANUARY 2, 2004 Attached is the Report of Appealable Land Use Items for the period December 8, 2003 through January 2, 2004. It informs the Commission of the various land use actions taken by the designated boards that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. S~ \City Clerk\agenda memo~ \apagmem. O 1.06.04 TO: THRU: FROM: SUBJECT: DAWp .ARDE C TY MA.AGER PAUL DORLING, I~IRE~TOR OF PLANNING AND ZONING pSMIN ALLEN, PLANNER 'MEETING OF JANUARY 6, 2004 *CONSENTAGENDA* REPORT OF APPEALABLE LAND USE ITEMS DECEMBER 8, 2003 THRU JANUARY 2, 2004 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of December 8, 2003 through January 2, 2004. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. No appealable items were considered by the Planning and Zoning Board. The following items will be forwarded to the City Commission for action: Recommended approval (6 to 0, Mark Krall absent), of a Future Land Use Map Amendment from CMR (Commerce) in part and GC (General Commemial) in part, to CMR (Commerce) and rezoning from MIC (Mixed Industrial and Commemial) in part and GC (General Commemial) in part, to MIC (Mixed Industrial and Commemial) for a parcel of land known as Delray Depot (formerly the Train Station Depot site), located at the northwest corner of West Atlantic Avenue and 1-95. · Recommended approval (6 to 0), of a rezoning from A (Agricultural) to RM-8 (Medium Density Residential with a density suffix of 8 units per acre) for Highland Grove City Commission Documentation Appealable Items Meeting of January 6, 2004 Page 2 Estates, located on the north side of Old Germantown Road, approximately 1,115 feet west of Homewood Boulevard. Recommended approval (6 to 0), of a conditional use request to allow the establishment of a monument and ornamental stone cutting facility, within Congress Auto Center, located on the west side of Congress Avenue, approximately 2,300 feet north of West Atlantic Avenue. Recommended approval (5 to 0, Joseph Pike left the meeting), of a conditional use request to allow the establishment of a coin operated amusement game facility to be known as Spinners Arcade to occupy three bays within the BocaRay Plaza, which is located at the southeast corner of Linton Boulevard and Military Trail. Recommended approval (5 to 0), of an amendment to the Land Development Regulations Section 4.4.26 LI (Light Industrial) District and Section 4.5 "Overlay and Environmental Management Districts" relating to the Wallace Drive Area Redevelopment Plan. Recommended approval (5 to 0), of an amendment to the Land Development Regulations Appendix A "Definitions" to amend the definition of adult entertainment establishment to provide for the inclusion of adult novelty stores and to provide a definition of adult novelty stores. Recommended approval (5 to 0), of an amendment to the Land Development Regulations Appendix A "Definitions" repealing the definitions for residential and non- residential alcohol and drug abuse treatment facility and enacting new definitions for residential and non-residential licensed service provider and amending Sections 4.3.3(D), 4.4.6, 4.4.9, 4.4.13, 4.4.16, 4.4.17, 4.4.21, 4.4.24, and 4.6.9 to reflect the change in terminology. · Made recommendations (5 to 0), on the ORC (Objections Recommendations and Comments) Report regarding Comprehensive Plan Amendment 2003-2. A. Approved with condition (5 to 0, Nancy Stewart and Mayer Abbo absent), a request for a color change for Rustic Rooster, Inc. an existing commemial building located at the northwest corner of the CSX Railway and West Atlantic Avenue (1701 West Atlantic Avenue). B. Approved with condition (5 to 0), a request for a color change for Citgo Gas Station, th located at the southwest corner of NE 5 Avenue (southbound Federal Highway) and NE 4th Street (398 NE 5th Avenue). City Commission Documentation Appealable Items Meeting of January 6, 2004 Page 3 C. Approved (5 to 0), a request for a color change for British Petroleum Gas Station, located at the northeast corner of West Atlantic Avenue and NW 8th Avenue (725 West Atlantic Avenue. D. Approved (5 to 0), a Class I site plan modification associated with an architectural elevation change for the construction of a 652 sq. ft. building addition for Copenhagen Restaurant, located on the east side of NE 6th Avenue (northbound Federal Highway), north of NE 1St Street (115 NE 6th Avenue). E. Approved (5 to 0), a Class I site plan modification associated with fa(;ade improvements for La Bamba Restaurant, located on the north side of West Atlantic Avenue, west of Hamlet Drive (4285 West Atlantic Avenue). F. Granted (5 to 0), an eighteen month extension (expiring June 20, 2005), for Tropic Isles Townhomes, located at the northwest corner of Frederick Boulevard and Avenue H. Approved (5 to 0), a request to reconsider two conditions of approval relating to the architectural elevations for Bexley Park, a proposed traditional residential development containing 254 units, located at the northeast corner of South Military Trail and Canal L- 31. H. Approved with conditions (4 to 0, Dan Carter stepped down), a Class V site plan, landscape plan and architectural elevation plan associated with the conversion of a single-family dwelling to commercial use and construction of a 1,542 sq. ft. building addition for 1030 Wallace Drive, located on the west side of Wallace Drive, approximately 365 feet south of SW l0th Street. Concurrently, the Board approved an internal adjustment reducing the depth of the required dead-end parking tier maneuvering area from 6' to 4'. Also, the Board approved the following waivers: · Reduced the depth of the required landscape buffer from 10' to 5' for the installation of a compact parking space. Reduced the required width of the landscape buffer along the west side of the parking area from 5' to 1' along the south side of the parking area and from 5' to 2'6" along the south side of the parking area. Approved with conditions (4 to 0, Dan Carter stepped down), a Class V site plan, landscape plan and architectural elevation plan associated with the construction of a 4- story self service storage facility with accessory office, retail and wholesale/storage floor area for Safe and Secure, located on the west side of North Federal Highway, approximately 890 feet south of Gulfstream Boulevard. 1. Approved with conditions (5 to 0, Randy Schatz and Rhonda Sexton absent), a Class ¥ site plan, landscape plan, architectural elevation and Certificate of Appropriateness City Commission Documentation Appealable Items Meeting of January 6, 2004 Page 4 associated with the conversion of a non-contributing duplex to an office for International Materials, located on the west side of NE 3rd Avenue, approximately 287 feet south of George Bush Boulevard (710-712 NE 3rd Avenue). Concurrently, the Board approved a waiver reducing the landscape strip on the west, north and south property lines adjacent to the parking area from 5' to 4'. Also, the Board granted an internal adjustment reducing the one-way drive aisle along the west property line from 12' to 11 '. Approved (5 to 0), a request for a Certificate of Appropriateness associated with the installation of vinyl awnings, relocation of a/c units and color change for Brisa Atlantica, located on the east side of SE 7th Avenue, south of East Atlantic Avenue (9 SE 7th Avenue). Approved (5 to 0), a request for a Certificate of Appropriateness associated with the demolition of a non-contributing_ building and on a 4 to 0 vote the construction of a single family residence at 325 SE 7'" Avenue (east side of SE 7th Avenue, south of SE 3rd Street). Approved (4 to 0), a request for a Certificate of Appropriateness associated with the installation of an awning for the Blue Anchor, located at the southeast corner of East Atlantic Avenue and Palm Square (802 East Atlantic Avenue). 5. Approved (4 to 0), a request for a Certificate of Appropriateness associated with the installation of awnings for Old School Square Bread Company, located on the south side of East Atlantic Avenue, west of the Intracoastal Waterway (814 East Atlantic Avenue). By motion, receive and file this report. Attachment: Location Map. CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - January 6, 2004 S.W. 2NDST S.P.R.A.B.: A. RUSTIC ROOSTER, INC. B. CITGO GAS STATION C. BRITISH PETROLEUM GAS STATION O. COPENHAGEN RESTAURANT E. LA BAMBA RESTAURANT F. TROPIC ISLES TOWNHOMES G. BEXLE¥ PARK H. 1030 WALLACE DRIVE I. SAFE & SECURE H.P.B.: 'L INTERNATIONAL MA TERIALS 2. BRISA A TLANTICA 3. 325S. E. 7THAVENUE 4. BLUE ANCHOR 5. OLD SCHOOL SQUARE BREAD COMPANY CI3Y LIMITS CITY OF DELRAyBEACH, FL PLANNING & ZONING DEPARTMENT 2OO4 - - DIGITAL BASE.MAPPING SYSTEM.. D M TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # '~ ~ - REGULAR MEETING OF JANUARY 6. 2004 AWARD OF BIDS AND CONTRACTS JANUARY 2, 2004 This is before the City Commission to approve the award of the following bids: Contract award to Beck's Towing & Recovery with annual franchise fees to be paid to the City in the mount of $141,250.00 for wrecker/towing services for the Police Depa~U,~ent. Purchase award to the Dell Computer Corporation in the amount of $16,938.96 via the State of Florida Contract #250-000-03-1 for the purchase of twelve (12) Dell OptiPlex desktop replacement terminals for the Environmental Services Department. Funding is available from 442-5178-536-64.11 (Computer Equipment). Purchase award to Bennington Carpet & Tile in the amount of $25,420.00 for replacement carpeting for the Delray Beach Municipal Golf Course Clubhouse. Funding is av, il~ble from 445-4761-572-46.90 (Delray Beach Municipal Golf Course Fund/Other Repair/Maintenance Costs) and 445-4715-572-46.10 (Delray Beach Municipal Golf Course Fund/Building Maintenance). Contract award to Hydro Pumps, Inc. in the amount of $17,806.25 for miscellaneous repairs on four (4) production well pumps and motors. Funding is available from 442-5178-536-46.90 (Other Repair and Maintenance). Contract award to Chaz Equipment in the amount of $25,254.00 via Annual Contract No. 2002-37 for cementitious lining of wet wells for Lift Stations 27 and 33. Funding is available from 442-5178-536-61.83 (Lift Station Conversion to Submersible). Purchase award in the amount of $20,639.00 via the Florida Sheriff's Association Contract #03-11-0825, Specification #3 for the purchase of a 2004 Ford Crown Victoria police vehicle. Funding is awil,ble from 501-3312-591-64.20 (Vehicle Replacement Fund). Recommend approval of the above bids and purchases. S:\City Clerk\agenda memo\Bid Memo,01,06.04 MEMORANDUM TO: FROM: THROUGH: DATE: SUBJECT: David T. Harden, City Manager Jacklyn Rooney, Purchasing Manage~,.~ Joseph Safford,~e Director December 10, 2003 DOCLrMENTATION - CITY COMMISSION MEETING JANUARY 06, 2003 - CONTRACT AWARD - RFP #2004-05 REQUEST FOR PROPOSALS FOR WRECKER / TOWING SERVICES FOR THE POLICE DEPARTMENT (RE-BID OF RFP #2003-46) Item Before Commission: City Commission is requested to approve the contract award to Becks Towing & Recovery for the annual contract for Wrecker / Towing Services for Police Department Background: This is a re-bid of REP #2003-46 which was rejected by Commission due to clarifications of specifications needed to be more clearly defined. Request for Proposal #2004-05 for Wrecker / Towing Services was advertised on October 26, 2003 in The Palm Beach Post newspaper and on DemandStar. Com. RFP #2004-05 on file in the Purchasing Office. Responses were received fi.om four (4) vendors on November 19, 2003. Per the detailed specifications of this Request for Proposal, "Proposals to be evaluated in accordance with criteria listed below" and a scoring point system for each method: a) Franchise fee to the City b) Customer Service/Teamwork c) Response Time d) Experience total 50 points possible total 20 points possible total 20 points possible total 10 points possible A five member committee consisting of Purchasing, Finance, Public Works Central Garage and Police Department reviewed the proposals received basing the award on the criteria listed in the RFP (Request For Proposal) package. In addition, the Police Department had made a site visit to each vendor's location to check the facilities, location, equipment, drivers, office staff, etc. for the previous RFP. Attached for your review is a copy of the pricing (franchise fees) received from the vendors in their proposal package and the results of other information submitted for each criteria listed above. Below is the ranking of the four (4) vendors by the committee with the highest ranked vendor listed first: Beck's Towing & Recovery Jordon Wrecker Service Inc. McAlpines Towing Recovery & Towing Zuccala Wrecker Service Inc. Total points - 83 Total points - 71 Total points - 56 Total points - 46 Award Recommendation: Staff recommends award of the contract to Beck's Towing & Recovery based on the Total Points received by the review committee. The annual franchise fee to be paid to the City is $141,250. Attachments: Tabulation of Franchise Fees Evaluation of Committee Point System i AGENDAITEMNUMBER: ~:~t~,t AGENDA REQUEST Request to be placed on: January 06, 2003 Date: December f0, 2003 XX Consent Agenda __ Special Agenda __ Workshop Agenda Description of agenda item: Award of Contract to Beck's Towing and Recovery for the annual contract for Wrecker/Towing Services for the Police Department. A franchise fee of $141,250 to be paid to the City annually. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Department Head Signature: ~ . ~,~ Determination of Consistency wit C~omprehensive Plan:' ' ~- City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Approved for agendar~"~ Hold Until: Agenda Coordinator Review: Received: tJI~ No (if applicable) No Action: Approved Disapproved MEMORANDUM TO:. FROM: THROUGH: DATE: David Harden, City Ma~er Patsy Nadal, Buyer ~ Joseph Safford,~e Director 12/5/2003 SUBJECT: DOCUMENTATION-CITY COMMISSION MEETING JANUARY 06, 2004 -REPLACEMENT DESKTOP TERMIALS FOR ENVIRONMENTAL SERVICES FROM DELL COMPUTER CORP. Item Before Commission: City Commission is requested to approve the purchase of twelve (12) Dell OptiPlex desktop replacement terminals. The desktops are available from Dell Computer Corporation for a total cost of $16,938.96, including a three (3) year on-site response warranty and shipping. Back~round: This request is for replacement desktop computers for Environmental Services. The current computers speed, memory, and disk space is extremely outdated and is no longer upgradeable to meet current system needs. The order consists often (10) desktops without writable cd-rom drives, as configured by M.I.S. and two (2) desktops with writable cd-rom drives needed manual transfer of information when required. Pricing per the State of Florida Contract #250-000-03-1, per attached quote # 127076140 and # 127029025, dated 12/03/2003 from Dell Computer Corporation. Recommendation: FinancedM.I.S Department recommends the purchase of replacement desktops from the Dell Computer Corporation via the State of Florida Contract #250-000-03-1 for a total cost of $16, 938.96. Funding from account code: 442-5178-536-64.11 Attachments: CC: M.I.S Approval, 12/05/2003 Dell Quote #127029025, 12/03/2003 Dell Quote #127076140, 12/03/2003 Jackie Rooney, Purchasing Menag~ 0 o coco ° Page 1 of 2 DELL QUOTATION QUOTE #: 127029025 Customer#: 1015934 Contract #: 90231 Date: 12/3/03 9:50:43 AM CustomerAgreement #: Quote Date: Customer Name: 250-000-03-1 12/3/03 CITY OF DELRAY BEACH TOTAL QUOTE AMOUNT: $1,431.58 Product Subtotal: $1,431.58 Tax: $0.00 Shipping & Handling: $0.00 Shipping Method: Ground Total Number of System Groups: 1 GROUP: I I QUANTITY: 1 SYSTEM PRICE: $1,431.5S'1 GROUP TOTAL: $1,431.58 Base Unit: OptiPlex GX270T, 3.00GHz, P4, 800 FSB, 512K Cache, Small Minitower Base (221-2805) Memory: 1.0GB, Non-ECC, 333MHz DDR, 2x512, GX2701SX270 (311-2865) Keyboard: Dell PS/2 Keyboard in Gray, NoHot Keys, Optiplex (310-1515) Dell EI72FP,Flat Panel,17 InchVlewable Image Size,Gray, OptlPlex,Precision Monitor: WorkstationLatitude D-Family (320-2294) Video Card: Integrated Video - Intel DVMT,GX260/GX270 (320-0428) Hard Drive: 40GB EIDE, 7200 RPM, ATAJI00 Hard Drive, GX260 (340-8889) Floppy Disk Drive: 3.5 inch, 1.44MB, Floppy DriveGX270 (340-8733) Windows XP Professional Service Pack l,NTFS,with MediaDe80ptiPlex,English,Factory Install Operating System: (420-2119) Mouse: Dell USB 2-Button Optical Mouse with Scroll (310-4126) NIC: Integrated Intel Gigabit NIC, 101100/1000, with Alert Standards Format, GX260/GX270 (430-0353) CD.ROM or DVD-ROM Drive: 48X/32X/48X CD.Rewritaable Drive, GX60/GX270 Small Desktop or Minitower (313-1938) Sound Card: Integrated Sound Blaster Compatible AC97 Sound, OptiPlex (313-8170) Speakers: Altec Lansing ADA215 Speakers,Latitude or OptiPlex, Gray (313-4703) Documentation Diskette: OptiPlex Resource CD (313-7168) Factory Installed Software: Energy Star Labeling (if applicable) (310-6413) Service: Type 3 Contract - Next Business Day Parts and Labor On-Site Response, Initial Year (900-6630) Type 3 Contract - Next Business Day Parts and Labor On-Site Response, 2YR Extended (900- Service: 6602) Dlrline: Gold Technical Support ServlceOptlplex, 3 Years, 1-866-876-3398 (DELL) (950-4909) Installation: Standard On-Site Installation Declined (900-9987) Misc: Mouse Pad (310-3859) Type 14 - Keep Your Hard Drive, 3 Years (960-2597) COMMENTS ~e://C:~D~cum~nts%2~and%2~Settings~nada~ca~%2~Settings\Temp~rary%2~Internet~ 12/5/2003 Page 2 of 2 SALES REP: BARBARA HARBER Email Address: Barbara_Harber@Dell.com PHONE: Phone Ext: 800-981-3355 43012 For your convenience, your sales representative, quote number and customer number have been included to provide you with faster service when you ars ready to place your order. You may also place your order online at www.d~![~m/quote This quote is subject to the terms of the agreement signed by you and Dell, or absent such agreement, is subject to the applicable Dell terms and conditions agreement. Prices and tax rates are valid in the U.S. only and are subject to change. **Sales/use tax is a destination charge, i.e. based on the "ship to' address on your purchase order. Please indicate your taxabilit_v status on your PO. If exempt, please fax exemption certificate to Dell Tax Department at 512-283-9276, referencing your customer number. If you have any questions regarding tax please call 800-433-9019. ** All product and pricing information is based on latest information available. Subject to change without notice or obligation. LCD panels in Dell products contain mercury, please dispose properly. Please contact Dell Financial Services' Asset Recovery Services group for EPA compliant disposal options at US DFS AssetRecovery@dell.com. Minimum quantities may apply. ~e://C:~D~cuments%2~and%2~Settings~nada~L~a~%2~Settings\Temp~rary%2~ntemet.~ 12/5/2003 Page 1 of 2 DELL QUOTATION QUOTE #: 127076140 Customer#: 1015934 Contract #: 90231 CustomerAgreement #: 250-000-03-1 Quote Date: 12/3/03 Date: 12/3103 12:04:32 PM Customer Name: CITY OF DELRAY BEACH TOTAL QUOTE AMOUNT: $1,407.58 Product Subtotal: $1,407.58 Tax: $0.00 Shipping & Handling: $0.00 Shipping Method: Ground Total Number of System Groups: GROUP: I I QUANTITY: 1 SYSTEM PRICE: $1,407,58'1 GROUP TOTAL: $1,407.58 Base Unit: OptiPlex GX270T, 3.00GHz, P4, 800 FSB, 512K Cache, Small MInRower Base (221-3805) Memory: 1.0GB, Non-ECC, 333MHz DDR, 2x512, GX2701SX270 (311-2865) Keyboard: Dell PSI2 Keyboard In Gray, NoHot Keys, Optlplex (310-1515) Dell EI72FP, Flat Panel,17 InchViewable Image Size,Gray, OptiPlex,Precision Monitor: WorkstationLatitude D-Family (320-2294) Video Card: Integrated Video - Intel DVMT,GX2601GX270 (320-0428) Hard Drive: 40GB EIDE, 7200 RPM, ATA/100 Hard Drive, GX260 (340-8889) Floppy Disk Drive: 3.5 inch, 1.44MB, Floppy DriveGX270 (340-8733) Windows XP Professional Service Pack 1 ,NTFS,with MediaDell OptiPlex,Engllsh,Factory Install Operating System: (420-2119) Mouse: Dell USB 2-Button Optical Mouse with Scroll (310-4126) NIC: Integrated Intel Gigabit NIC, 10110011000, with Alert Standards Format, GX2601GX270 (430-0353) CD-ROM or DVD.ROM Drive: 48X CD-ROM, EIDE, Small Desktop or Minitower, GX260 and GX270 (313-1159) Sound Card: Integrated Sound Blaster Compatible AC97 Sound, OptiPlex (313-8170) Speakers: Altec Lansing ADA215 Speakers,Latitude or OptiPlex, Gray (313-4703) Documentation Diskette: OptiPlex Resource CD (313-7168) Factory Installed Software: Energy Star Labeling (if applicable) (310-6413) Service: Type 3 Contract - Next Business Day Parts and Labor On-Site Response, Initial Year (900-6630) Type 3 Contract - Next Business Day Parts and Labor On-Site Response, 2YR Extended (900- Service: 6602) Dlrline: Gold Technical Support ServiceOptiplex, 3 Years, 1-666-676-3355 (DELL) (950-4909) Installation: Standard On-Site Installation Declined (900-9987) Misc: Mouse Pad (310-3558) Type 14 - Keep Your Hard Drive, 3 Years (960-2597) COMMENTS ~e://C:~D~cuments%2~and%2~Settingsxnada~xL~ca~%2~Settings\Temp~rary%2~nternet~. 12/5/2003 Page 2 of 2 SALES REP: BARBARA HARBER Email Address: Barbara_Harber@Dell.com PHONE: 800-981-3355 Phone Ext: 43012 For your convenience, your sales representative, quote number and customer number have been included to provide you with faster service when you are ready to place your order. You may also place your order online at www.de!L;ol~!ci~!~t~ This quote is subject to the terms of the agreement signed by you and Dell, or absent such agreement, is subject to the applicable Dell terms and conditions agreement. Prices and tax rates are valid in the U.S. only and are subject to change. **Sales/use tax is a destination charge, i.e. based on the "ship to" address on your purehase order. Please indicate your taxabilit_v status on your PO. If exempt, please fax exemption certificate to Dell Tax Department at 512-283-9276, referencing your customer number. If you have any questions regarding tax please call 800-433-90~9. ** All product and pricing information is based on latest information available. Subject to change without notice or obligation. LCD panels in Dell products contain mercury, please dispose properly. Please contact Dell Financial Services' Asset Recovery Services group for EPA compliant disposal options at US DFS AssetRecovery@dell.com. Minimum quantities may apply. ~://C:\D~cum~nts%2~and%2~S~ttings\nada~\L~ca~%2~Scttings\T~mp~rary%2~Internet~ 12/5/2003 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: January 06, 2004 Date: December 05, 2003 __ Workshop Agenda X Consent Agenda Special Agenda Description of agenda item: City Commission is requested to approve the purchase of twelve (12) Dell OptiPlex desMop replacement terminals for Environmental Services. The desktops am available from Dell Computer Corporation for a total cost of $16,938.96, including a three (3) year on-site response warranty and shipping. Pricing per the State of Florida Contract *r250-000-03-1. Funding from account code ff~.~.2-5178-536-64.11. ORDINANCE/RESOLUTION REQUIRED: YES NO X Draft Attached YES NO Recommendation: Finance/M.I.S Depa~ t,~nt recommends the purchase of replacement desktops from the Dell Computer Corporation via the State of FIodda Contract fY250-000-03-1for $16, 938.96. Department Head Signature ~\' ~'~ Determination of Consistency with Comprehensive Plan: City Attomey Review/Recommendation (if applicable): Budget Director Review (r~luired on all items involving expenditure of funds): Funding available: Yesv./._~-~ t~-~3 No (if applicable) No Funding altematives: Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda: (~ Hold Until: A4;lenda Coordinator Review:. Received: Action: Approved Disapproved MEMORANDUM TO: FROM: THROUGH: DATE: SUBJECT: David Harden, City Manager Jacklyn Rooney, Purchasing Manage(~ Safford, (~nce Director Joseph December 12, 2003 DOCUMENTATION - CITY COMMISSION MEETING JANUARY 06, 2003 - PURCHASE AWARD - REPLACEMENT OF CARPETING AND TILE AT THE DELRAY BEACH MUNICIPAL GOLF CLUB Item Before Commission: City Commission is requested to approve award to Bennington Carpet & Tile for the replacement of carpet in the ballroom and replacement of tile in lobby area at the Delray Beach Golf Club for a total amount of $25,420. Background: The carpet and tile at the Delray Beach Municipal Golf Clubhouse are in need of replacement due to age, wear, and heavy traffic. In addition a interior designer, Maura Taft & Associates was consulted for these selections at the Clubhouse. Quotes were requested by the Golf Course and received as follows: Tile Bennington Carpet & Tile We'll Floor U H&H Carpet $7,720.00 $7,900.00 $7,995.00 Carpet Beunington Carpet & Tile H&H Carpet Bamard's Flooring Barn $17,700.00 $17,950.00 $18,600.00 Recommendation: The Manager of the Delray Beach Municipal Golf Course recommends the award to Bennington Carpet & Tile for the purchase and installation of the carpet and tile at the Clubhouse for a total amount of $25,420. Funding from account code 445-4761-572-46.90 for $7,720 and 445-4715- 572-46.10 for $17,700. Attachments: Quotes Received Memo from Maura Taft & Associates Interior Designer 12/11/2003 17:11 : Dee~mber 11, 2003 561272763S Mr. John Mikimr, Clubhouse Manager oehzy 2200 HighhU Avenu ,Delray Beach. Florkin 334~5 MAURA TAFT & ASSOC. PAGE 02 M A' U R A T A i~ l & ·ASSOCIATES As I was requested to offer an impanel professional opinion regarding the flooring · selections for the Clubhouse, I offer the following: · The Patcrafl Carpet selection of '~artouche" Garne~ is an appropriate choice for the dining areas. The selection is elegant and practical. The pattern and coloration will work well With the current dining roora upholstery. Use the C,m~pet without bordering. TI~ sel%tion of Travertini Rectified Porcelain, color Cararael, will bring the Club up-to- . datein 21st Century fashion and will be a s,awiceable material, easily maintained and long- wearing ShoUld yo,u choose tO add a rug ~ature ~ lhe center of the foyer area, I suggest ' ' using the companion solidi G-ar~, as a border to an octagonal insert of "Cartouche' R~tfidly Submitted, Mama S .. Tafl, ASID ' ' :R~gistcred Interior Dcsip~cr DELRAY BEACH GOLF CLUB RESTAURANT PURCHASE ORDER REQUEST FORM DEPARTMENT: DATE: VENDOR: ADDRESS: PHONE# QTY. PRODUCT AMOUNT TOTAL TOTAL ACCOUNT#: 445-47 (Last four digits must be filled in) QUOTES: VENDOR: CONTACT: VENDOR: CONTACT: VENDOR: CONTACT: $500,00-$999.99 - two quotes required (verbal, electronic, or written) $1000.00-$5999.99 - three quotes required (verbal, electronic, or written) $6000.00-$14999.99 - three quotes required (must be wdtten) PRICE"~ PHONE # PRICE PHONE # -.~ / ~=~4.5' ~-~'~ PRICE '~ "~O. c~ PHONE # ~'~. I **PLACE ORDER WITH VENDOR WHOSE QUOTE IS THE LOWEST APPROVED BY: ~'~-~/~.~X'"'/~::=:~ _..~=.~._ ,,2 ( ustslgn al~requests) B~HM DUBIN ~ / ~ ~ xls~wi~Xpu~q , Bennm_ ton G~P~ & 1TEE CONTRACT PROPOSAL (REVISED) TO: Jcv SPORTS GROUP DATE: ll/NOV/:Zoo3 13oo PARK OF COMMERCE,SUITE 272 DELRAY BEACH,FLORIDA 33446 RE** DELRAY BEACH GOLF CLUB: LOBBY AREA SCOPE OF WORK: OW/DiSPOSE oF GLt DOW CARPET. pREPARE CONCRETE FLOOR FOR PORCELAIN TILE INSTALLATION. FURNISH AND INSTALL PORCELAIN TILE AS INDICATED ON FAXED LAYOUT, ~ NOTE: TILE SELECTION:TRAVERTINI CARAMEL t8X18 RECIlFIED PORCELAIN TILE. ~ NOTE: THIS TILE HAS TO BE SET IN A "DEEP BED" INSTALLATION. 4- NOTE: THIS TYPE OF INST.AL!.&TION TYPICALLY RESULTS IN A l/x6' GROUT JOINT. · ,~NOTE: THIS PROPOSAL SUPERCEDES ALL PREVIOUS HARD SURIrACE PROPOSALS, A].L PREVIOUS HARD SURFACE PROPOSALS AR~ NULL AND vOID. A fit~ nercent ¢-~O%) del~osit is due upon contract proposal acceptance and .t~.e remainder is due upon satisfactory completion of installation. Th~s proposal ~s w__!Id for thirt~ (30) days. Note: This con~ract does not include any charge for add/tiqnal concrete work that may be necessary to repair unusual or unforeseen conditions discovered when existing floor coverings are removed. Mater/als will be installed as per thc surface they are being applied to: Samples may vaxy in color from the merchandise deLivered; Carpet seams may be necessary. We do not cut doors or do plumbing; we will not be responsible for breakable objects. We will move furniture and appliances at the ovx~er's responsibility. Ownersh/p of all materials shall be retained by' Bennington Carpet & Tile, Inc. until paid in fiflL Unpaid balances are subject to 1.5% interes~ charge per month. Thc buyer agrees to pay all reasonable attorney and collection fees in connection with any Litigation arising out of this contract. Any returns or cancellations are subject ~o 33.3% rcstoaking charge. All mated/ds are sold in accordance to manufacturers terms and warranties. All Beunington workmanship is guaranteed for one year from date of installation. Floor preparation, if necessary, and not stated, wiIl bc charged at an hourly rate plus materi&ls. A~cr insta~aQon is complete, I agree to pay iustaller. Customers Acceptance: TOTAL COST OF CONTRACT (*without variation): $ 77zO.OO 1155 ~outh Consress Ave. Delray Beach, ~33445 T~ 56z.278.5553 F~ 56~.278.oo~ ~.be~n~rp~.com ~/~B/2003 2]:2B ZS~Z2B~28Z0 H H CPT~ PAS~ 02/~2 H & H, CARPET," 2004 N- Federal Highway 'l Delray Beach, Florida 33483 TIlE CONTRACTOR agrees to famish all materials and !abor necessary tc do work on premises located at the following address: Store: (561~ ,~:,5-28C Installation: (888).F/5-96C Broward: (954) 428-2¢~ Fax: (561) 265-281 Name: JCD SPORTS GROUP Address: 1300 PARK OF COMMERCE SUITE#272 City: DELRA¥ Zip: 33445 Phone:, ' 265-0255 Ship to:DELRAY GOLF CLUB BRAH/6 DUBIN 11-0-03 SPECIFICATIONS Accessories: PATTERN Carpet Cushion: Vinyl, Style: NA. Wood: HA. HA. Install: 100% VirginPORCELkIN AND CAll~,-~et, Style: Color: TRAVERTINI qcARA~{~er: CONCRETE FELT Install Wall-to-Wall In:REMOVE EXISTING CARPET AND INSATLL NEW TILE · 7~10 FEET TRAVERTINZ C_ARAMRL INSTALLED=S4,835 REMOVE CARP.I~T AND ADD BONDING AGENT=$~_0 ...................................... IF DONE AFTERHOURS CARPET INSERT WITH PA [] FLOOR PREP: If needled, floor prep ia charged separately at rate of $45.06 MERCHANDISI~; TOTAL ~ hour & added to unpaid balance at thc end of the job. T~ia charge includes SALES TAX patching material, scraping up old tile or rubber back~ carpet. TOTALAMOUNT $ 6,6 7 5~-~ UNPAID BALANC~ -6 675 a~m~t ~I ~comc binding only a~a w~ten accept~ce hcr~o[ by thc palatial or authorized officer of the con,cio& commencing ~ff~ of wool ~mh~r ages that the cont~clor is not res~nslble or bound by any mpre~nmtion conmlned in this ag~emcnt made by any of hkq agents. Contractor shall nol b~ liable for delays caused by strikes, wea~er conditions, pmmims or mmeN~s l~ated on promises from work herein contracted. It ii f~er a~eed and und~/~ tha~ in me event of cancellation of this contract by thc Pu~hasc priCer tu SCa:5 uf ~ ork Cc, r em} ~.;:. ACCEDED; ACCEPTED: PURCHASER WHITE COPY; OFFICE / YELLOW COPY: WAREHOUSE / PINK COPY: CUSTOMER JUPITER 951 ALTERNATE A1A JUPITER, FLORIDA 33477 "Your hometown Floor Store that bas it alE" Proposa STUART 2772 S,E. MONROE ST. STUART, FL 34907 ,,, parle No. of ,P, ages .,.,/z...Tz JOBNAME ZC?Ea eC r JOB PHONE WE PROPOSE: hereby to furnish materials and labor - complete accordance with the above specifications, for the Sum of: All marorial is guaranleed tO b~ s~ sl~ecilied, All work to be complete0 In a substantial ACCEPTANCE O PROPOSAL The aD0ve pricerL specJficstlon8 one ~'of~di- · Note: This Propcsa| may be withdrawn by US If not accepted within daW_ DEPARTMENT: DATE: VENDOR: ADDRESS: PHONE # DELRAY BEACH GOLF CLUB RESTAURANT PURCHASE ORDER REQUEST FORM BLANKET PO O1(~. FED ID # (IF NEW VENDOR) / FAX# TE- o/X QTY. PRODUCT AMOUNT TOTAL ACCOUNT#: 445-4715-572- (Last four digits must be filled In) QUOTES: VENDOR: CONTACT: VENDOR: CONTACT: VENDOR: CONTACT: $500.00-$999.99 - two quotes required (verbal, electronic, or written) $1000.00-$5999.99 - three quotes required (verbal, electronic, or written) 00.00-$14999.99 - three quotes required (must be written) ~,~J ,~ ~,~ PRICE: PHONE # PRICE / PHONE # PRICE /~, PHONE # ~*PLACE ORDER WITH VENDOR WHOSE QUOTE IS THE LOWEST APPROVED BY: JOHN MILDNE ( quests) BRAHM DUBIN ._..~-~ (must sign all requests over $1000) xls\witty~purreq S:iG BEMMINGTOM 5~1~780013 p.8 CONTRACT PROPOS_AI Delray Beach Golf Club aaoo Highhmd Avenue Delray Beach, FL 33445 DATE: 71aa/oa RE: Carpe~ for Large and Small Dining Rooms SCOPE OF WORI~ · Remove and dispose of existing glue-down carpet and prepare concrete for the in~a11~Jon of new carpet Supply and install approximately 600 sq. yards of Patcrafl Mills "Ca~ouche" commercial carpet by a direct glue-dox~ method on floors of large and small dining rooms Color: Garnet Red Note: Due to the manufacturing method of this type of carpet, an exact pattern match is unlikely on seam structure Note: This carpet will be installed to existing industry standards regalxling pattern matel~ing at sean~ Note: Delray Coif Club staff will assist in removal and replacement of A fifty percent (50%) deposit is due upon contract proposal acceptance and the remainder is due upon satisfactory competition of installation. This proposal is valid for thirty (30) days. Note: T~ eonWaet does not include any charge for additional concr~ work flxat may l~ nc~csfary to repair unusual or tmforesee~ eondillons discovered when ~d~ting floor covering ave removed, Materials will be ins~dled as per the surface they a--e being applied to. 1Ve do not ~t doors or do plumbing; we will no! be resp~mstble for breakable object~, We w~] move furrfllure and appliances ~t the owner's :~easona]rllity. Ownership of all material~ sha~ be retained by Bennington Carpet & ~tle, llXe. Imtil paid in full. Unpaid I~]~ce~ are subject to x.~ interest charge per month. The buyer agree~ lo pay all reasonable ~t~orney alld eo~e~don ~ ~n comlee~on ~ any lai~atio~ avlsing out of fids o0n~act. Any returns or cancellations are subject to 33.3% restocking charg~ All nmteclals are sold in accordanee$o installation, l~ooc preparation, if Itecessary, and mot slated, will be cha~ged at an homqy rate p]~s ma~erlals. After inz~l]ufion ls complete, I a~ree t~ pay ~ustalJe~. Acceptance: Date TOTAL COST OF CONTRACT (.*without variation): Includes all standard preparation, labor, materials and apl~lica~ // ~5 South Congress Ave Tel 561~-78.5553 Fax $6~.~78.om3 www.ben~ingt oncaz'pet.cam FRX NO. :561 265281B lul. 16 200J 04:4JPM P2 S(ore:(407) Broward:(305! F~l,~; (4071 BID SHEET Conlru~'u,r DELRAY BEACH GOLF CLUB Addre~, 2200 HIGHLAND AVE. DELRAY BCH. PL. 33445 C'on~¢,~ ...... TONY D £BENED~TTO t'*hun¢ .... 2.~3-7385 Job Size RESTAURANT Address CARPET PORTION Phone Work to be performed by H & H Carpet Company to include: Malerials Amount Labor Mi$¢, Costs Total Pri~¢ GARNETT RED 600 FRD. $3,300 RIP UP INCLUDED BOUQUET CRANBERRY 600 YRD. $3,300 " " $20~550 GLENCREST [ SOMBERPLUMB 600 YBB. $3,300 " " $22,200 KEITH STONE 7-03 ProDuced by: Dale: Job Tolah AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: January 06, 2003 Date: December 12, 2003 XX Consent Agenda Special Agenda __ Workshop Agenda Description of agenda item: Award to Bennington Carpet & Tile for the purchase and installation of carpet and tile for the Delray Beach Municipal Golf Course Club for the total amount of $24-;4-2(~er quotes received. This need for replacement is due to age, wear and traffic at the Clubhouse? z_% · ~-~_,3 ~.~..~4'~ ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: ~J. ~+~-~ ~"J~'-°~'- Award to Bennington Carpet for the total amount of $24,4-"0 for carpet and tile for the Delray Beach Municipal Golf Course Clubhouse. Funding from account code 445-4761-572-46.90 for $7,720 and from account code 445-4715- 572-46.10 for $17,700. Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes v,""/,~3-5"7~I1~'~'~°o~' Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda:~ Hold Until: Agenda Coordinator Review: Received: Action: Approved No Disapproved (if applicable) City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden City Manager C. Danvers Beatty, P.E~ Deputy Director of Util~ti~ December 29, 2003 Rehabilitation of Production Well Pumps & Motors Attached is an Agenda Request and quotation for rehabilitation of four production well pumps and motors from Hydro Pumps. The rehabilitation work includes the replacement of mechanical seals, bearings and electrical winding required for continued operation. Hydro Pumps is the local representative for Phleuger motors and is therefore the sole source provider for this service. The quote from Hydro Pumps is for $17,806.25 and will be funded from 442-5178-536-46.90 (Other Repair & Maintenance). Please place the item on the January 6, 2004 Agenda for consideration by City Commission. Attachments CCi Richard C. Hasko, P.E., Director of Environmental Services John Bullard, Water Treatment Plant Manager Jackie Rooney, Purchasing Manager City Clerk Agenda File S:XEnvironmental Services~Dan BeattyXHydro Pump Mere.doc ~ ~N,~ ~L~ 10:50 954 58~ ~05 P.01/01 FAX (OrP4! m.$ao6 BROWARD M4) re.t103 HYDRO PUMPS FAX# SUBIEGT 6S19 NW 23m LT./PO BOX 1S296 PLANTATION, FL. 3~3~8 #PAGES ! ~.~/~o_~ )~ cat-(c) OUT 17.r'o TOTRL P.01 AGENDA REQUEST No. Request to be placed on: X Regular Agenda __ Special Agenda __ Workshop Agenda Agenda Item ~....,~ Date: December 29, 2003 When: January 6, 2004 Description of item (who, what, where, how much): Staff requests Commission Approval of a quote from Hydro Pumps for the rehabilitation of four production well pumps & motors. Hydro Pumps is the local representative for Phleuger motors and is therefore the sole source provider for this service. Total amount of this quotation is $17,806.25 and will be funded from Account # 442-5178-536-46.90 (Other Repair & Maintenance). ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES~__.Q_O Recommendation: Staffrecommends approval of the quotation from Hydro Pmnps. Department head signature: ._~ ~(~ (7 . ~--~ Deterrmnation of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (re, gruir~d on a, ll~ems involving expenditure Funding availabl[ff. ~,~NO ~ Funding altemativ~g Account No. & Description Account Balance of funds): City Manager Review: Approved for agenda: ~;~qO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved (if applicable) S:XEnvironmental Serviees~Dan BeattyXIlydro Pump agenda.doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David Harden City Manager C. Danvers Beatty, P.E.~ d~ Deputy Director of Publ~ties December 29, 2003 Lift Station 27 & 33 Wet Well Rehabilitation Project No. 2003-016 www. mvdelravbeach, cotn Attached is an agenda request and quotation from Chaz Equipment in the amount of $25,254.00 for cementitious lining of the interior wet well at Lift Stations 27 & 33. As part of the conversion of these lift stations from dry pit configuration to submersible we determined that the concrete within the existing wet wells has deteriorated and is in need of lining. The above quote is based on unit prices outlined in annual contract No. 2002-37 with Chaz Equipment. Funding is available from Account # 442-5178-536-61.83, Lift Station Conversion to Submersible. If acceptable please place this item on the January 6, 2004 Agenda for consideration by the City Commission. Thank you. CCi Richard C. Hasko, P.E., Director of Environmental Services Bob Bullard, Manager of Utilities Maintenance Jackie Rooney, Purchasing Supervisor S:~EngAdmin~rojects~2003~2003-O 16\OFFlCIAL~Sewpercoat27.do¢ Engineering Contractor · t60 Falrlaoa Fm~te Road, Suite 8 Wall#lgton, Florida 33414 (561) 333-2109 Fax: (561) 333-2180 8ewperCoat Rehabilitation Proposal City of Delray Beach Mr. Dm~ Bestty. P.E. Deputy Director of Public Utilltlas 100 N.W. 1st Avenue Delray Beach, Floric~a 33444 December 20, 2003 Re: Prol~osal for. SewperCoat PG rahab ~f Lift station #27 wetwell interior surface, Mr. Bealty, Please find below our calculations for the application of Sewpercoat PG and associated labor for Lift Station ~Z'/, in accordance with the City of Delray Beach Annual Conh'act #2002-37; Item 1; Lift Station No, 27 - Dr. Andre's Way, South of W. Atlantic, East of Congress. Dimensions: 8' Diameter X 25' Deep; Sewpercoat 706 eCl.fi. @ $18,001si: $12,690,00 Total Proposal Estimate: $12,S~0.00 We appreciate the opportunity, Brad Miller ProjeCt Manager Page I of 1 Engineering Contractor 3480 Falltene Farms Road, Suite 8 Wellington, Florida 33414 (561) 333-2109 FaX: (561) 333-21~0 SewperCoat Rehabilitation Proposal City of Delray Beach Mr. Dan Beatty. P.E. Deputy Director of Public Utilities 100 N.W. 1st Avenue Delray Beach, Florida 3~-I.~~. December 19, 2003 Re: Proposal for ~ewperCO~t PO rehab of Lift 8ration #33 wetwell Interior eurlace. Mr. Beatty, Please find below our calculations for the application of Sewpercoat PG and associated labor for Lift Station ~33, in accordance with the City of Delray Beech Annual Contract #2002-37; Item 1; Lift Station No. 33 - Spanish Clmle, East of Federal Hwy. Dimensions: 8' Diameter X 24.8' Deep; Sewpercoat 698 sq.ft. ~ $18.00/sf: $12,564.00 Total Proposal E~tlmate: $12,564.00 We appreciate the opportunity, Brad Miller Project Manager Ed Ndc-~:£~ £0~E 6T '~ I~E££~9S: "ON X~ '3Ni ;'03 iNBl4dIRB3 Zbl-13: WD~ AGENDA REQUEST No. Request to be placed on: X Regular Agenda __ Special Agenda __ Workshop Agenda Agenda Item ~,~,~ Date: December 29, 2003 When: January 6, 2004 Description of item (who, what, where, how much): Staff requests Commission Approval of a quotation from Chaz Equipment for cemenfitious linin~ of lift station 27 & 33 in the amount 0£$25,254.00. The price is based on unit prices outlined in annual contract No. 2002-37 and funding is available in Account # 442-5178-536-61.83 (Lift Station Conversion to Submersible). ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staffrecommends approval of the quotation from Chaz Equipment. Department head signature: ~ ,- Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable):. Budget Director Review (ret~lll~ on all items involving expenditure of funds): Funding available:'~fES~O ~ Funding alternativeg-'- Account No. & Description Account Balance City Manager Review: Approved for agenda: ~/NO ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved .(if applicable) S:~EngAdmin~Projects~003~20034116\OFFICIALXAgendaReq42haz- 122903.doc MEMORANDUM TO: THRU: FROM: David Harden City Manager Dennis Kelly /~. Interim l~blic Works Dire~ Bill Darty¥~~'xX Fleet Maintenance Superintendent DATE: December 30, 2003 SUB J: AGENDA ITEM REQUEST, CITY COMMISSION MEETING JANUARY 6, 2004- REPLACEMENT VEHICLE Action City Commission is requested to approve bid award for replacement of City vehicle 1423, Police Chief's car. Background Replacement of this City vehicle is requested due to a buy back by Daimler Chrysler of a 2004 Dodge Intrepid that we purchased last replacement cycle. This vehicle was shipped to us from the dealer with severe rust and corrosion on the under carriage and all under body parts which resulted in the buy back. Recommendation Staff recommends replacing the 2004 Intrepid with a 2004 Ford Crown Victoria off the Florida Sheriffs Association Contract #03-11-0825 specification #3. The total cost to purchase (1) 2004 Crown Victoria with select options and extended warranty off contract is $20,639.00. We will receive a check from Chrysler in the amount of $16,701.46 for a difference of $3,937.54. · MEMORANDUM F~~ging is a~ the FY 03-04 bu/dget in City Garage Account ~ ~501-3312-591-64.2,~.~ y A~achments ~}J/'~/q~v~ ~W~ FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION 2004 FORD CROWN VICTORIA Specification #03 (Administrative) The Ford Crown Victoria (P73) purchased through this contract comes with all the standard equip- ment as specified by the manufacturer for this model and FSA's base vehicle specification(s) require- ments which are included and made a part of this contract's vehicle base price as awarded by manufacturer by specification by zone. ZONE: Western Northern Central Southern BASE PRICE: $18.980.00 $18,980.00 $18,980.00 $18,980.00 While the Florida Sheriffs Association, Florida Association of Counties and Florida Fire Chiefs' Association have attempted to identify and include those equipment items most often requested by participating agencies for full size vehicles, we re~lt~e equipment needs and preferences are going to vary from agency to agency. In an effort to incorporate flexibility into our program, we have created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle{s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicle(s) you wish to order. NOTE: An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add/delete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. LEGEND FOR DELETe/ADD OPTIONS -- = option not bid b~ vendor Bid Award Announcement (03-11-0825) 67 VEI{ICLE: DEALER: ZONE: BASE PRICE: Order Code Crown Vic Gus Machado Western $18,980.00 Crown Vic Gus Machado Northem $18,980.00 Delete Options Trunk opener, electric, remote unit location Power windows Power door locks Speed control Tilt steering wheel ABS brakes Crown Vic Gus Machado Central $18,980.00 Crown Vic Gus Machado Southern $18,980.00 ALI. Zones Std. Std. Std. Std. Std. Std. Order Code 200A 144 3L 58K RSH, 508 59M CSP60 CSP90 SPS6J ~CH NEB GEM DSM BC EC Add Options Ford P74 Package Keyless entry Third key Floor mats. front & rear AM/FM radio/single CD Rainshields. Class III hitch & rec. draw bar. 2' ball Power seat, driver, Full size spare tire & rim Pin stripes/door edge guard Side air bags Comer Strobe Kits - Whelen Kit with 4 clear tubes. 6 outlet CSP 60w power supply, 2-15' cables, 2-30' cables Comer Strobe Kits - Whelen Kit with 4 clear tubes, 6 outlet CSP 90w power supply, 2-15' cables, 2-30' cables Comer Strobe Kits - Federal Kit with 4 clear tubes, 6 outlet SPS6J power supply. 2-15' cables, 2-30' cables Comer Strobe Kits - Federal Kit with 4 clear tubes, 6 outlet RICHOCHET power supply, 2-15' cables, 2-30' cables Comer Strobe Kits - Soundoff Kit with 4 clear tubes, 6 outlet, 60w Nebula power supply, 2-15', 2-30' cables Comer Strobe Kits - Soundoff Kit with 4 clear tubes, 6 outlet, 110w Gemini power supply, 2-15'. 2-30' cables Complete set of shop manuals ONLY 5/75 Manufacturer's Extended Base Care Warranty ($0 deductible) See Page 866 5/75 Manufacturer's Extended Extra Care Warranty (80 deductible) 5/75 Manufacturer's Extended Power Train Warranty ($0 deductible) All Zones $ 3,025.00 $ 255.00 $ 89.00 Std., $ 185.00 $ 89.00~, $ 495.00 $ 115.00 $ 195.00 $ 300.o0 $ 415.00 $ 424.00 $ 417.00 $ 474.00 $ 427.00 $ 517.00 $ 297.00 $ 1,220.00 $ 1,455.00 $ 1,035.00 68 Bid Award Announcement (03-11-0825) To: City Commission Front= David Harden~f/~ CC: Dat~ January 2, 2004 R~ Match Point Agreement Mark Baron, the owner of Match Point, was recently notified by the ATP that the Delray Beach professional men's tennis tournament will be moved back to the winter season beginning in 2005. The 2005 dates will be January 31 - February 6. These should be groat dates for the toumarnent as our tournament will be the only one in the U.S. during that week, and the first U.S. toumament of the year. At this time Mr. Baron is requesting several amendments to his agreement, based on our experience of the last few years. Most of these amendments are technical or for clarification. He is, however, requesting that the City increase its payments to him, and a five year extension of the agreement. I explained to Mr. Baron that I could not recommend an increase in our payments unless there was some opportunity for the City to receive offsetting revenues. In response, Mr. Baron has proposed to hold a chadty event in conjunction with the tournament and guarantee a payment to the City which we could apply toward our grants budget each year, thus resulting in no real increase in cost to the City. This is comparable to our agreement for the Chris Everet tournament. Recommendation: I recommend that the proposed Amendment No. 1 to our agreement with Match Point be approved. Writer's Direct Line: 561/243-7091 DATE: TO: FROM: SUBJECT: MEMORANDUM January 2, 2004 City Commission Brian Shutt, Assistant City Attorney Amendment No. 1 to the Matchpoint A.qreement The proposed amendment to the Matchpoint agreement provides as follows: The 2004 Event shall be held from September 13 to 19. The 2005 Event shall be held from January 31 to February 6. The Agreement shall be extended from 2008 until 2013. The City's annual contribution to MP shall increase from $225,000 to $275,000 annually, with a 3% increase, however, MP shall hold a charity event/dinner for each Event and shall provide a minimum contribution to the City in the amount of $50,000. By copy of this memo to David Harden, our office requests that this item be placed on the January 6, 2004 City Commission agenda. Please call if you have any questions. Attachment CC: David Harden, City Manager Barbara Garito, City Clerk Robert Barcinski, Asst. City Manager Becky O'Conner, Treasurer Brahm Dubin 2005 CALENDAR 12/30/2003 ~,/v~ JANUARY - US OPEN / WK Date # 2005 1 12/27/200; 2 3-Jan Adelaide / Doha / Chennai 3 10-Jan Sydney / Auckland 4 17-Jan ~ ' 5 24-Jan 6 31 -Jan Milan / Delray Beach I V~na del Mar 7 7-Feb Marseille/San Jose/Buenos Aires 8 14-Feb Rotterdam / Memphis Costa Do Sauipe 9 21 -Feb Dubai / Acapulco Scottsdale 10 28-Feb Davis Cup 1 11 7-Mar indiah ~11~ 12 14-Mar , ,%tn~i~&iis?: 13 21-Mar a 14 28-Mar ~i ~. 15 4-Apr Valencia/Casablanca ~ M~nte,Cado 17 18-Apr Barcelona Houston 18 25-Apr Estodl/Munich 20 9-May 'i;! ~amburg ~'; '. 21 16-May Wodd Team Champ. St. Poelten 22 23-May 23 30-May 24 6-Jun Halle I London 25 13-Jun s-Hertogenbosch / Nottingham 26 20-Jun ..... 27 27-Jun .~ 28 4-Jul Bastad / Gstaad / Newport 29 11-Jul Davis Cup II 30 18-Jul Stuttgart Indianapolis/Amersfoort 31 25-Jul Kitzbuehei Los Angles/Umag 32 1-Aug Washington D.C./Sopot 43 17-Oct ~ r~ ~ ~A~ AMENDMENT NO. 1 TO THE AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND MATCH POINT~ INC. THIS AMENDMENT NO. 1 to the Amended and Restated Agreement between the CITY OF DELRAY BEACH (CITY) and MATCH POINT, INC. (MP) is made this day of ,200_. WITNESSETH: WHEREAS, the CITY and MP entered into an Amended and Restated Agreement dated January 23, 2003 (the Agreement); WHEREAS, the Agreement currently calls for the tournament to be held between the months of November and April; WHEREAS, the 2004 tournament shall be held approximately between September 13-19 and the 2005 tournament shall be held approximately between January 31 and February 6; WHEREAS, MP has requested and the CITY agrees to increase the payments to MP by the amount of $50,000 per year and to provide a 3% increase per year; WHEREAS, MP agrees to have an annual charity benefit/dinner and guarantees that at least $50,000.00 shall be provided to the CITY's charity budget fund; WHEREAS, the term of the Agreement shall be extended from 2008 to 2013. NOW, THEREFORE, for good and valuable consideration, herein provided, the CITY and MP agree as follows: herein. The recitations set forth above are hereby incorporated as if fully set forth 2. Section 1.01 Grant and Term is hereby amended as follows: The foregoing recitals are hereby incorporated. CITY hereby grants to MP an exclusive and transferable license for professional tennis events under the terms and conditions set forth herein (the "License"), and MP hereby accepts such License from CITY under the terms and conditions set forth herein to use, manage and operate the Tennis Center for the staging of a nine or ten day (including qualifying rounds) ATP International Series Event bv~ ........ ~ ,,, 2003 to be held on September 13-19, 2004 and to occur on dates determined by the ATP Tour provided such dates occur during the months of November through and including April for the years 20035 through 20081_~3 and for the year round occupancy and use of office space as described below in Section 1.05 (M) and (Q). No later than September 30 of the year proceeding the date of the Event, MP will notify the CITY of the precise date of the Event for any particular year of the Event. The Term of the License is for approximately..,..";" ,..,/~ nine (9) years and shall specifically be from the date of execution of this Agreement until sixty days (60) days following the conclusion of the Event in the year 20081_~3, unless earlier terminated as provided in this Agreement. This Agreement is not a purchase agreement and should be construed by a court of competent jurisdiction to be a license agreement only, except for the rights of occupancy and use of real property as set forth herein. The License does not grant, nor is MP receiving, any rights to any real property owned by the CITY nor any property interest except as set forth in this Agreement. 3. Section 1.05 Facilities Provided by City, Subsections (E) and (T) are hereby amended as follows: 1.05. FACILITIES PROVIDED BY CITY. CITY represents and warrants that the Tennis Center complies with all applicable laws and regulations, including without limitation the American with Disabilities Act ("ADA"), and agrees to provide the Tennis Center and surrounding parking under the terms and conditions of the License at no cost to MP, unless otherwise specified, including without limitation, the following: Two extra substitute nets, net posts, ten pairs of single sticks and six umpire chairs with umbrellas; plywood boards (court color): (i) for support of all umpire's chairs (6 @ 4' x 4'), and (ii) lines person's chairs (60 @ 2' x 2'); and twelve (12) solid vinyl dark green windscreens for qualifying ..... ,~ ..... ~.......~.. ~... oh ........ .+ .... ;*~' ~"** ..... '~ .... ~'"'° five (5) manual scoreboards for qualifyin,q courts and show courts; in the stadium court, end court and side court signage attachments; and an end court barrier 5-feet high and a side court barrier 3-feet high. Side court barriers should be based on sight lines. During the Event, personnel to recruit and manage the ball person program in association with MP, one (1) liaison person designated by the CITY to assist in and implement the CITY's administrative duties during the Event. CITY to pay MP within thirty (30) days of the submission of any invoice to the CITY of MP's actual cost, but not to exceed $7,590.00 $9,500.00 and increasinq 3% annually thereafter, for MP's operations personnel during the Event, to be hired and supervised by MP in its sole discretion. 4. Section 3.01, Payments and Revenue, Subsections (A) and (B) are hereby amended and Subsection (E) is created as follows: as follows ........ ~.-/ CITY shall pay MP ........... $275,000.00 · ~'""~'"'/"'~ eleven (11 ) equal monthly installments, commencing April 1,20034_ throuqh February 1, 2005, thereafter the CITY shall pay to MP $275,000.00 in twelve (12) equal monthly payments increasing in ............... by 3% annually each year from 2004 through 200813__~: ,-,~:,-,,.,-, ~,.,~. ...... ~ or~r~ For the months of January, February and March 2004, the C{TY shah paV to MP $18,750.00 per month. The C{TY shaH, upon execution of this Amendment, Pava one time fee to MP in the amount of $50,000.00. The CITY shall retain all proceeds from Palm Beach County regarding this Event, however, excluding any proceeds from the Convention Business Bureau ~'" c~ ~A..+.-h;..,. C,,,.. C~ ...... The CITY shall also retain any revenue received from parking, excluding valet service offered by MP. MP shall produce and provide a charity event/dinner prior to or durinq each Event, at its own expense, for the CITY and guarantees a minimum of $50,000.00 to the CITY, in which the CITY shall select the charity or charities that may receive these funds. In the event that the charity event/dinner raises more than $50,000.00, the excess may be applied to the next year's charity event/dinner. MP shall provide these funds to the CITY within 30 days of the conclusion of the Event. In the event that MP fails to make payment within 30 days the CITY, in its sole discretion, may withhold the monthly payments, as described in para.qraph A of this Section, for the amount of $50,000.00. 3. The original agreement dated January 23, 2003 and this Amendment No. 1, constitute the entire agreement between the parties with respect to the subject matter hereof and supercedes all prior verbal or written agreements between the parties with respect thereto. 4. This Amendment No. 1 to the Amended and Restated Agreement shall be effective upon the approval by the CITY and by MP. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 the day and year first above written. ATTEST: By: City Clerk Approved as to legal sufficiency and form: By: City Attorney CITY OF DELRAY BEACH, FLORIDA By: Jeff Perlman, Mayor WITNESSES: Print Name: Print Name: MATCH POINT, INC. By: Mark Baron Title: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before 200_, by as me this __ day of (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the 4 corporation. He/She is personally known to me or has produced (type of identification) as identification. Notary Public - State of Florida MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # 9A - REGULAR MEETING OF JANUARY 6. 2004 AMENDMENT NO. I/MATCH POINT. INC. JANUARY 5, 2004 Attached please find revised Amendment No. 1 to the Amended and Restated Agreement between the City and Match Point, Inc. Revisions have been made to Paragraph 4, Section 3.01 E. Recommend approval of the revised Amendment No. 1 to the Amended and Restated Agreement between the City and Match Point, Inc. S:\Cit~ Clerk\agenda memos\Match Point Agreement01.06.04 AMENDMENT NO. 1 TO THE AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND MATCH POINT~ INC. THIS AMENDMENT NO. 1 to the Amended and Restated Agreement between the CITY OF DELRAY BEACH (CITY) and MATCH POINT, INC. (MP) is made this __ day of ,200_. WITNESSETH: WHEREAS, the CITY and MP entered into an Amended and Restated Agreement dated January 23, 2003 (the Agreement); WHEREAS, the Agreement currently calls for the tournament to be held between the months of November and April; WHEREAS, the 2004 tournament shall be held approximately between September 13-19 and the 2005 tournament shall be held approximately between January 31 and February 6; WHEREAS, MP has requested and the CITY agrees to increase the payments to MP by the amount of $50,000 per year and to provide a 3% increase per year; WHEREAS, MP agrees to have an annual charity benefit/dinner and guarantees that at least $50,000.00 shall be provided to the CITY's charity budget fund; WHEREAS, the term of the Agreement shall be extended from 2008 to 2013. NOW, THEREFORE, for good and valuable consideration, herein provided, the CITY and MP agree as follows: herein. 2. The recitations set forth above are hereby incorporated as if fully set forth Section 1.01 Grant and Term is hereby amended as follows: The foregoing recitals are hereby incorporated. CITY hereby grants to MP an exclusive and transferable license for professional tennis events under the terms and conditions set forth herein (the "License"), and MP hereby accepts such License from CITY under the terms and conditions set forth herein to use, manage and operate the Tennis Center for the staging of a nine or ten day (including qualifying rounds) ATP International Series Event ....~ ........ u ....... to be held on September 13-19, 2004 and to occur on dates determined by the ATP Tour provided such dates occur during the months of November through and including April for the years 20055 through 20981__~3 and for the year round occupancy and use of office space as described below in Section 1.05 (M) and (Q). No later than September 30 of the year proceeding the date of the Event, MP will notify the CITY of the precise date of the Event for any particular year of the Event. The Term of the License is for approximately~...o~v ,v,/~ nine (9) years and shall specifically be from the date of execution of this Agreement until sixty days (60) days following the conclusion of the Event in the year 20981._~3, unless earlier terminated as provided in this Agreement. This Agreement is not a purchase agreement and should be construed by a court of competent jurisdiction to be a license agreement only, except for the rights of occupancy and use of real property as set forth herein. The License does not grant, nor is MP receiving, any rights to any real property owned by the CITY nor any property interest except as set forth in this Agreement. 3. Section 1.05 Facilities Provided by City, Subsections (E) and (T) are hereby amended as follows: 1.05. FACILITIES PROVIDED BY CITY. CITY represents and warrants that the Tennis Center complies with all applicable laws and regulations, including without limitation the American with Disabilities Act ("ADA"), and agrees to provide the Tennis Center and surrounding parking under the terms and conditions of the License at no cost to MP, unless otherwise specified, including without limitation, the following: Two extra substitute nets, net posts, ten pairs of single sticks and six umpire chairs with umbrellas; plywood boards (court color): (i) for support of all umpire's chairs (6 @ 4' x 4'), and (ii) lines person's chairs (60 @ 2' x 2'); and twelve (12) solid vinyl dark green windscreens for qualifying COUrtS; SlY. ~CC."C ..... · ~ ..... ~..,.,,,~,- ~,,, ~-h ........ ~ .... ;*~' ~"** ..... '~ .... ~'"'" five (5) manual scoreboards for qualifying courts and show courts; in the stadium court, end court and side court signage attachments; and an end court barrier 5-feet high and a side court barrier 3-feet high. Side court barriers should be based on sight lines. To During the Event, personnel to recruit and manage the ball person program in association with MP, one (1) liaison person designated by the CITY to assist in and implement the CITY's administrative duties during the Event. CITY to pay MP within thirty (30) days of the submission of any invoice to the CITY of MP's actual cost, but not to exceed $7,500.00 $9,500.00 and increasing 3% annually thereafter, for MP's operations personnel during the Event, to be hired and supervised by MP in its sole discretion. 4. Section 3.01, Payments and Revenue, Subsections (A) and (B) are hereby amended and Subsection (E) is created as follows: CITY shall pay MP $225,000.00 $275,000.00 as follows: twelve-(42) eleven (11 ) equal monthly installments, commencing April 1,2003~._ throu.qh February 1, 2005, thereafter the CITY shall pay to MP $275,000.00 in twelve (12)equal monthly payments increasing ............... by 3% annually each year from 2004 through 200813T_. ~,~,,,,, :~. ...... ,~ ,~nn'~ For the months of January, February and March 2004, the CITY shall pay to MP $18,750.00 per month. The CITY shall, upon execution of this Amendment, pay a one time fee to MP in the amount of $50,000.00. The CITY shall retain all proceeds from Palm Beach County regarding this Event, however, excluding any proceeds from the Convention Business Bureau Co-cp...~,v.....~u"*"~';"" .c'~..~'"'~ .c'.v~.~.... ...... The CITY shall also retain any revenue received from parking, excluding valet service offered by MP. MP shall produce and provide a charity event/dinner prior to or durinq each Event, at its own expense, for the CITY and guarantees a minimum of $50,000.00, which shall increase annually by 3% starting in 2004, to the CITY, in which the CITY shall select the charity or charities that may receive these funds. In the event that the charity event/dinner raises more than $50,000.00, the CITY shall be entitled to the excess funds. Any excess funds received for any charity event/dinner shall not be carried over or applied to any future charity event/dinners. MP shall provide a complete accounting of all revenue and expenses in conjunction with the charity event/dinner in accordance with generally accepted principles and the CITY has the right to review these records as it relates to the charity event/dinner. MP shall provide these funds to the CITY within 30 days of the conclusion of the Event. In the event that MP fails to make payment within 30 days the CITY, in its sole discretion, may withhold the monthly payments, as described in paraqraph A of this Section, for the amount of $50,00O.O0. 5. The original agreement dated January 23, 2003 and this Amendment No. 1, constitute the entire agreement between the parties with respect to the subject matter hereof and supercedes all prior verbal or written agreements between the parties with respect thereto. 6. This Amendment No. 1 to the Amended and Restated Agreement shall be effective upon the approval by the CITY and by MP. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 the day and year first above written. ATTEST: By: City Clerk Approved as to legal sufficiency and form: By: City Attorney CITY OF DELRAY BEACH, FLORIDA By: Jeff Perlman, Mayor WITNESSES: Print Name: Print Name: MATCH POINT, INC. By: Title: Mark Baron STATE OF FLORIDA COUNTY OF PALM BEACH as The foregoing instrument was acknowledged before me this __ day of , 200_, by , (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a 4 corporation. (state or place of incorporation) corporation, on behalf of the He/She is personally known to me or has produced (type of identification) as identification. Notary Public - State of Florida [ITY OF DELRrI',F BEII[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 2ool TO: FROM: MEMORANDUM December 29, 2003 City Commission David T. Harden, City Manager Terrill Pyburn, Assistant City Attorney Writer's Direct Line: 561/243-7090 SUBJECT: Arcades My office has drafted a proposed temporary building moratorium upon the issuance of permits for arcades within the City of Delray Beach. The proposed moratorium was drafted in response to recent concerns regarding the operation of possibly illegal gaming/gambling facilities that are operating throughout the state under the guise of "arcade amusement centers", an exception to the gambling prohibition provided for in the Florida Statutes. The operation of these possibly illegal gambling houses ("adult arcades") appears to be based on the argument that the games and machines utilized therein are considered to be games of skill, not chance. The proposed ordinance attached is a temporary moratorium that will allow us to have some time to more thoroughly research the issue of "adult arcades" in order to determine if a more permanent ordinance regulating the use is necessary. Also, please be advised that this very issue is currently before the Second District Court of Appeals in Sarasota County. Therefore, the City's adoption of a moratorium may also allow more time for the Court to rule on the legality issue of these facilities. Please place the proposed ordinance on the agenda in order for the Commission to initiate the moratorium process. If the City Commission directs us to initiate the changes, we will place the ordinance on the P&Z agenda and then bring the ordinance back for first and second reading before the Commission. Please let me know if you have any questions (7090). Thanks. TCP:smk Attachment CC: Barbara Garito, City Clerk Paul Dorling, Planning & Zoning Director ORDINANCE NO. -04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ESTABLISHING A TEMPORARY BUILDING MORATORIUM ON ARCADES AS FURTHER DEFINED HEREIN FOR A PERIOD OF FOUR (4) MONTHS FROM THE DATE OF ADOPTION OF THIS ORDINANCE; PROVIDING FOR GEOGRAPHIC AREA COVERED; PROVIDING FOR THE DURATION OF MORATORIUM; PROVIDING FOR PENALTIES PROVIDING a SAVINGS CLAUSE, a GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida, provides municipal services to its citizens, including regulation and licensing of businesses and issuance of permits; and WHEREAS, the City Commission has learned of certain activities related to "adult arcades" within the City of Delray Beach, being proposed or considered which activities would harm the City's economic and redevelopment activities and otherwise significantly and adversely affect the public health, safety, morals and welfare, said activities which may include forms of gaming or gambling which could lead to illegal activities; and WHEREAS, the operation of games of chance, those which require no skill in order to play, may result in illegal gambling activities; and WHEREAS, the City needs a period of time to address the different types of arcades and games utilized at arcades in order to determine the appropriate permitting criteria for each; and WHEREAS, this zoning ordinance is adopted pursuant to the City's Home Rule Powers as set forth in Florida Statutes Chapter 166; and WHEREAS, this ordinance is enacted in compliance with Florida Statutes Section 166.041(c). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. TEMPORARY BUILDING MORATORIUM UPON THE ISSUANCE OF PERMITS FOR ARCADES. All activities relating to the acceptance, review and action upon permit applications for arcades are temporarily suspended in order for the City of Delray Beach, throu.qh its officials and staff, to have adequate time and opportunity to determine the adequacy of application criteria, standards and other approval processes related to the issue of said permits within the City of Delray Beach. Based upon the foregoing, there is hereby imposed a temporary moratorium on the review and action upon permit applications for arcades and game rooms. During the time the temporary moratorium is in effect, the City will accept no applications for permits for the operation of arcades. Section 2. ARCADE. Arcade shall be defined as any house, booth, tent, room, shelter or any other place which permits any person to play a game on a machine for money or other valuable thing. Section 3. GEOGRAPHIC AREA COVERED. A temporary moratorium established in this ordinance shall be effective in the corporate and municipal boundaries of the City of Delray Beach. .Section 4. DURATION Of MORATORIUM/EXTENSION (a) The temporary moratorium set forth in this ordinance shall take effect immediately upon the effective date of this ordinance and shall terminate four (4) months after the said effective date. The City will accept no applications which are subiect to the moratorium until the moratorium has expired. (b) The City Commission may extend the temporary moratorium established in this ordinance by enactment of an ordinance one (1) time for a period not to exceed ninety (90) days upon a finding by the City Commission set forth in the ordinance that the problems giving rise to the need for the temporary moratorium established herein continue to exist. Section 5. PENALTIES. Any individual, entity or agent, who shall violate any provision of this ordinance or who fails to comply therewith, or with any of the requirements thereof, shall be fined in an amount not exceeding five hundred dollars ($500.00) or be imprisoned for a prior of not exceeding sixty (60) days. Section 6. 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 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 2 ORD. NO. -03 .Section 8. That this ordinance shall become effective immediately upon its passage on second and final reading. of PASSED AND ADOPTED in regular session on second and final reading on this __ ,2004. day ATTEST: CITY CLERK First Reading Second Reading. MAYOR 3 ORD. NO. -03 ..................... ,. sv.uaa ~aaormatlon ~eaoer Page 1 of 2 News OlleraldTr une 0m Home ' Saras~ta Friday, October 1.7 ~" 3obs ~ Classifieds NEWS Florida Nation World Sports Business PoliUss Crime Venice Manatee E. Manatee Alleged gambling clubs are cited Code enforcement officers i,~ue notices of violations to four clubs. BY DAVID HACKETT SOUTH COUNTY - There are a lot of ways to fry a fish: SNN Channel 6 Obituaries Occasions Weather Zn Depth OprNION Editorials Columnists That's the philosophy saraSota County appears to have embraced to close down what it alleges are a growing number of illegal gambling operations. Unable so far to make a criminal case stick against the clubs, the county is taking a different tack, charging that the clubs violate the Florida Building Code. Charlotte SEARCH North Port Eflglewood Past 14 print ~ reply e-mall ~ gubscrlbe Sponsored Links Are You a New Dad? She might be hawng the baby, I~t there is a lot for dad to do! w~v.mamhofdimes.oum Uterac7 Cambodia Help Educate Ch~dren. Learn Mom & Plan Your T~p of a Lifetime, Top Ranked in Efficiency ~ce 1948, providing heman~r~n aid to people in need wo~wide. wv~v.directmlief,o~ Ft ~ere County code enforcement officers last week issued notices of violations against F~r FEATURES The Jackpot in Nokomis, Fat Boys in Venice, and two Englewood clubs, Player's -- Photos Paradise and Player's Club. Cen Ticket M_~e aook~ Each club was cited for failure to post a certificate of occupancy, a license Movies showing a business is eligible to operate at a certain location. PDS Arts Music The clubs can't get certificates, the county says, because gat, n, bling clubs aren't caJ Cuisine ~_e allowed under the zoning code and illegal enterprises are not eligible for Pat Health certificates of occupancy. Hera Kids N~O Comics/Games UI~csS the clubs close their doors -- and none have done so yet -- their owners face zn__s Style Magazine hearings next month before an administrative judge, according to code UNI SERVICES Calendars enforcement officer Richard Kuntz. NO Special Events Ce__n Thc judge could fine each club up to $1,000 a day if it violates the civil code by Fu~ Clubs Finder staying open. CaJ Press Pass Old Business Finder E-mall Services Club owners are girding for a fight. CoJ P_~b Public Records ~ar Xnfoline Fat Boys manager David Fairchild said last month that he invested in opening the -- Advertise club only after receiving legal confirmation that it was operating under a special Ab Customer exception to Florida's gambling law. - Service Archives Florida law allows arcades to operate games of skill and award points or coupons http:l/www.heraldtfibune.com/apps/pbcs.dll/article?AiD=/20031015/NEWS/310150357/... 10/17/2003 Archives Florida law allows ~ades to operate g~es of s~ll ~d awed poin~ or coupo~ Jobs with Us ~at c~ be exch~ged for prizes. Unlike slot mac~nes, ~e gming mac~nes at ~onta~ us ~e clubs have a huron ~at playem press to stop ~e spimng reels. Club omem claim ~at ~s creates agme of shll, not ch~ce. ~ a memo l~t week to ~e Co~ Co~ission, co~W ~g a~smtor Tate sro Taylor ~ote ~at ~e Sh~ffs Office "brou~t to o~ aKention ~e fact ~at several slot mac~e/g~bt~g ~ades have recently popped up in S~ota Co~." ~e Sheriffs Office closed a s~l~ club, ~e Office, in S~ota l~t ye~. But in ~o~ Febm~, a judge dismissed c~inal ch~ges agmst ~e club, sa~ng ~e gmbling law w~ is too va~e. The co~ h~ appealed. ~ile ~at c~i~ c~e is being decid~ by ~ appefls corn -- a ruling e~ect~ to be at I~ ~ix mon~ away -- ~e Sheriffs Office is assisting ~e code enforcement d~ent in i~ ci~l pros~ution of ~e clubs. TOP ~0~ FRO~ TODAY op~ · Juvenile dina use ~[ll on d~ine · N~h Po~ man ~il~. c~med w~ ~ur coun~ of ~xual ~e~ · Authod~ 0~ Cu~ t~de mission · Rice sac~ ho~r ~ite Zn~ex he~ldtHbune.com Seeing ~e He~ld-T~bune ne~ and SNN Channel 6 ~ Sa~s~ He. Id-Tribune, Alt ~gh~ 10/17/2~3 ht~p:~~www.hera~dtribun~~c~m/apps~pb~s.d~~/arti~~e?A~D=/2~~3 ~ ~ ~ 5~NE~S/3 ~ ~ ~5~357/... heraldtribune.com: Southwest Florida's Information Leader Page 1 of 3 Hews olior l me.c0m Home Saraspta Venice Hanatee Friday, O~tober 17 ~bs E County looks to shut E down gaming clubs ~1 Estate * ~ '.Subscribe NEWS Florida Nation World Sports Business Politics Crime SNN ~nanflel 6 Obituaries Occasions Weather Zn Depth OPZNTON Editorials Columnists Letters FEATURES Photos Ticket Books Movies Arts Husic Cuisine Health Kids Comics/Games Style Hagazine SERVICES Calendars Special Events Clubs Finder Press Pass Business Finder E-mail Services Public Records Znfollne Advert]se Customer Service Archives i BY DAVID HACKE'I-r SARASOTA COUNTY -- As prosecutors await a second chance to close them down in court, Sarasota County is looking at other means of shuttering what it says is a proliferation of illegal gaming clubs. E. Hanatee Charlotte North Port Englewood SEARCH Pa~t 14 print r~ reply e-mail ~ subscribe Sponsored Links Want to Volunteer? Well help yo~ find an oppo~unity f;x whatever you like www. Volunt eerMatch.o~g At least six clubs -- four of them in South County -- are defying zoning regulations by operating without certificates of occupancy, a county permit required of all buildings in use. Asian Developing Nations Endangered Species We p~otect threa~ned animals & educah~ peoDSe woddwide. ,loin usl The clubs are Fat Boy's Game Room in Venice, The Jackpot in Nokomis, Luclofs and Coin Castle in Sarasota, and Player's Paradise and Player's Club Arcade in Englewood. Zoning officials met with county attorneys Friday to determine their next step in dealing with the businesses, which bill themselves as amusement arcades. One option they are exploring is denying the occupational licenses if they determine the businesses are illegal gambling establishments. In thc eyes of zoning and law enforcement officials, however, they appear to be mini-casinos. "It's not something that most people would say they want to see in our community," said Paul Radauskas, who oversees permits and other development services for Sarasota County. In May 2002, the Shcfift's Office shut down The Office, a gaming club, on Mall Drive in Sarasota and confiscated its gaming machines. But in February, Sarasota Circuit Court Judge Harry Rapkin dismissed the case, saying that Florida law was too vague on what constitutes gambling. The State Attorney's Office has appealed the ruling, but prosecutor Peter Lombardo said Friday that it may be six months before a decision is rendered. The appeals court decision could determine whether future criminal cases will be filed. Meanwhile, The Office is back in business and other gaming operations are El__e Eno D__es PDS Ce__n Pa__t Hea UN! NO Fu__l Ca__s Old Cern Bar A_b http://www~h~m~dtribun~~c~m/apps/pbcs.d~~/artic~e?A~D=/2~~3~92~/NEWS/3~92~~366/... 10/17/2003 Page 2 ot 3 Archives 2obs with Us Contact Us Meanwhile, The Office is back in business and other gaming operations are entering the market. One of them, Fat Boy's, opened Sept. 11 on U.S. Bypass 41 south of Venice. The exterior walls at Fat Boy's have pictures of dice and playing cards. Inside, the dimly lit building has rows of flashing machines in which patrons insert cash and can win up to $750 in gift certificates to Wal-Mart, or credits for any business that accepts Visa credit cards. Fat Boy's is not licensed to sell liquor, but gets around it by offering fxee drinks. Fat Boy's and similar businesses contend that they fall under a special exception to Florida's gambling law that allow arcades to operate games of skill and award points or coupons that can be exchanged for prizes. Unlike slot machines, the gaming machines in Fat Boy's have a button that players press to stop the spinning reels. That button, they say, makes for games of skill, not chance. "People a lo~ smarter than me have told me that we are completely within the law," msu said David Fairchild, general manager of Fat Boy's. Fairchild said he has operated similar businesses for a decade in Texas before moving to Florida this summer. He said he plans to open two more Fat Boy's in Sarasota County, but declined to say where. Click to se SAL NaU man mor SAr Sara wee DEN for e ~r "We'.ve got too much invested, spending hnndreds of thousand of dollars and moving these machines 1,300 miles across the country," Fairchild added. PUB O~ mot "If the county tries to deny us a license, there will be a big old stink over it. And according to my attorney, we'll whup their butts, too." Tate Taylor, Sarasota County zoning administrator, said that Fat Boy's and similar businesses "appear to be gambling establishments." "That's what thc Sheri~s Department and others are telling us," he added. "We need to look into this and see for ourselves. But if they are gambling establishments, they would not be allowed to operate." Closing them could be a lengthy process, however. First, notices of violation must be issued. Then, if thc businesses refuse to close, the county must make their case in a special administrative court. "This is a civil matter," Taylor said. We don't have police powers. Our goal is to achieve compliance." But Fairchild said he would fight rather than comply. "We would not have done it if we didn't believe that we were within the law," he said. "We don't plan to close." TOP STOR/ES FROM TODAy · Homeowner makes her I~Olnt with oaint · Back from Irao · Juvenile dnJg use sUII on decline Last modified: September 20.3.003 12:00AM httP://www'heraldtribune'c°m/aPPs/pbcs'dll/article?AID=/20030920/NEWS/309200366/... 10/17/2003 TO: THRU: FROM: SUBJECT: D AVIDT. HARDEN, ~~G~ , PAUL DORLING, DIr~ECTOR OF PL~I~ AND,ZONING SCOTT D. PAPE, SENIOR PLANNER ~ ~ MEETING OF JANUARY 6, 2004 CONDITIONAL USE REQUEST TO ALLOW A COIN OPERATED AMUSEMENT GAME FACILITY IN THE PC (PLANNED COMMERCIAL) FOR SPINNERS ARCADE LOCATED AT THE SOUTHEAST CORNER OF MILITARY TRAIL AND LINTON BOULEVARD WITHIN THE BOCA RAY PLAZA (4900 LINTON BOULEVARD, SUITE #33). The subject property consists of Tract "A" of the Linton Oaks Square subdivision and contains 6.22 acres. In 1985 the City Commission approved the annexation and site plan for the 69,640 square foot shopping center together with a conditional use for a gas station on one of the 3 out parcels. A site plan was approved in the late 1980's for a gas station and a bank on the remaining 2 out parcels. The gas station was constructed and the site plan for the bank expired. The shopping center was rezoned from GC (General Commercial) to PC (Planned Commercial) as part of the citywide rezonings in 1990. The Site Plan Review and Appearance Board (SPRAB) approved a site plan for the Wendy's restaurant on the remaining out parcel in 1992. A conditional use application has been submitted to establish a Coin Operated Amusement Game Facility in three of the existing retail bays and is now before the City Commission for consideration. At its meeting of December 15, 2003, the Planning and Zoning Board held a public hearing in conjunction with the request. There was a discussion regarding the applicability of the Florida State Statutes related to gambling and the proposed use. It was noted that the definition of the use provided by the applicant attempts to meet the definition of Arcade Amusement Center as described in Florida Statute 846.161. The statutes relating to the prohibition of gambling are not applicable to facilities that meet this definition. In other areas of the state the subject games are currently being considered by the courts in terms of whether they are exempt from Florida's prohibition on gambling. If the courts find that the proposed machines are not exempt, a condition is attached that the conditional use will become null and void. After lengthy discussion the Board recommended approval subject to conditions which included: 1. That an attendant be provided during hours of operation. 2. That the hours of operation be limited to 9:00 a.m. to 11:00 p.m., 7 days a week. 3. That no one under 21 years of age shall be allowed in the establishment. 4. That should the courts determine that the use of the machines are not exempt from Florida's prohibition as gambling, the conditional use will become null and void. The City Commission may also want to consider an additional restriction that no alcohol consumption be allowed on the premises. The Board's recommendation was unanimous (6-0, Krall absent), based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the conditions noted in the attached staff report. Approve the conditional use request for a Coin Operated Amusement Game Facility for Spinners Arcade, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: 1. That an attendant be provided during hours of operation. 2. That the hours of operation be limited to 9:00 a.m. to 11:00 p.m., 7 days a week. 3. That no one under 21 years of age shall be allowed in the establishment. 4. That should the courts determine that the use of the machines are not exempt from Florida's prohibition as gambling, the conditional use will become null and void. 5. That the consumption of alcohol be prohibited on the premises. Attachments: Planning and Zoning staff report PLANNIhG AND ZONING BOARD 'CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: December 15, 2003 IV. D. Conditional Use Request to Allow the Establishment of a Coin Operated Amusement Game Facility to be Known as Spinners Arcade to Occupy Three Bays Within the BocaRay Plaza (Quasi-Judicial Hearing). GENERAL DATA: Owner/Applicant/Agent ............... John Bailey Location ...................................... Located at the southeast corner of Linton Boulevard and Military Trail. Property Size .............................. 6.22 Acres Future Land Use Map ................ GC (General Commercial) Current Zoning ............................ PC (Planned Commercial) Adjacent Zoning ................ North: PC (Planned Commercial) East: South: West: Existing Land Use ...................... Proposed Land Use .................... Water Service ............................. Sewer Service ............................. POC (Planned Office Center) CF (Community Facilities) PC (Planned Commercial) Shopping Center Establishment of a coin operated amusement game facility to be known as Spinners Arcade. Existing on site. Existing on site. LINTON COURT PLAZA WAL-MAR~T BOULEVAR CENTRE CONDO ,, IV. D. The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to establish a Coin Operated Amusement Game Facility use for Spinners Arcade, pursuant to Section 2.4.5(E). The subject property is located at the southeast corner of Military Trail and Linton Boulevard within the Boca Ray Plaza (4900 Linton Boulevard, Suite #33). The subject property consists of Tract "A" of the Linton Oaks Square subdivision and contains 6.22 acres. In 1985 the City Commission approved the annexation and site plan for the 69,640 square foot shopping center together with a conditional use for a gas station on one of the 3 out parcels. A site plan was approved in the late 1980's for a gas station and a bank on the remaining 2 out parcels. The gas station was constructed and the site for the bank expired. The shopping center was rezoned from GC (General Commercial) to PC (Planned Commercial) as part of the citywide rezonings in 1990. The Site Plan Review and Appearance Board (SPRAB) approved a site plan for the Wendy's restaurant on the remaining out parcel in 1992. At its meeting of July 2, 1999, SPRAB approved a site plan modification for a 345 square foot building expansion associated with Kristi Kleaners. A conditional use application has now been submitted to establish a Coin Operated Amusement Game Facility in three of the existing retail bays and is now before the Board for action. The conditional use request is to establish a Coin Operated Amusement Game Facility. The development proposal includes the following: r~ Establishment of Coin Operated Amusement Game Facility within 4,200 square feet (three bays) of the shopping center Boca Ray Plaza shopping center. The applicant proposes no exterior upgrades to the building, landscape areas, or parking areas. The hours of operation will be 9:00 a.m. to 11:00 p.m. Monday through Friday. The proposed use will employee up to 9 people. The applicant has provided the following narrative that describes the use: "The arcade will contain approximately 60 video games, accommodating approximately 60 players. P & Z Board Staff Report '~' Spinners Arcade - Conditio .... Use Request for a Coin Operated Amusement Game Facility Page 2 The games are approximately 2.5' deep, 2.5' wide, and 4' high. They consist primarily of the cabinet itself, which houses a video screen, a bill acceptor, a ticket dispenser, a game board, and buttons that enable the player to operate the game. Players insert currency into the game and receive 100 points per dollar on a penny per point game, 20 points per dollar on a nickel per point game. Players, via an application of skill, play the game in an attempt to achieve a successful combination that will award the player points toward prizes. Through the games' software, players are limited to no more than 75 cents redemption per game played. Player skill results from players using the "STOP" buttons to align the icons on the screen, as well as using logic, strategy, acquired knowledge through experience, and observing other players. When a player is finished playing and still has points remaining on screen, he/she pushes the 'licket' button, and receives one ticket for every 75 points remaining on a "penny" game, and one ticket for every 15 points remaining on a "nickel" game. The player can redeem these tickets for merchandise such as lighters, candles, radios, lamps, toasters, etc., or gift certificates for merchandise from stores such as Kmart, Wall-Mart, Home Depot, Pub/ix, etc. The games are registered annually with the Department of Justice under the Gambling Devices Act of 1962 (15 U.S.C. 1171-1178)." The applicant's narrative attempts to explain how this use meets the definition of "Amade Amusement Center" as described in Florida State Statute 846.161. The statutes relating to gambling are not applicable to facilities that meet this definition. Pursuant to Florida Statute 846.161, an Arcade Amusement Center is a business that contains machines that operate by means of the insertion of a coin and which by application of skill may entitle the person playing or operating the game or machine to receive points or coupons which may be exchanged for memhandise only, excluding cash and alcoholic beverages, provided the cost value of the merchandise or prize awarded in exchange for such points or coupons does not exceed 75 cents on any game played. The "STOP" buttons described in the applicant's narrative are construed to be the skill, wherein, the operator decides when to stop icons on a screen. It is noted that the subject games are currently being considered by the courts in terms of whether they are exempt from Florida's prohibition on gambling. If the courts find that the proposed machines are not exempt, the conditional use will become null and void. However, as proposed and under current interpretations the proposed machines are now allowed. CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.) 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 P & Z Board Staff Report ~ Spinners Arcade - Conditio Use Request for a Coin Operated Amusement Game Facility Page 3 of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a GC (General Commercial) Future Land Use Map (FLUM) designation and is zoned PC (Planned Commercial). The PC zoning is consistent with the GC land use designation. The proposal is to establish a coin operated amusement game facility within the existing shopping center. Pursuant to the LDR Section 4.4.9(D)(2), within the GC zone district amusement game facilities limited to such uses as pinball, air hockey, electronic games, and other similar coin operated games when an attendant is on duty are allowed as a conditional use. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The conversion of the property to a coin operated amusement game facility will not have an impact on water, sewer, parks and recreation, solid waste, drainage or schools. Traffic: The applicant has submitted a traffic statement that indicates that the conversion of the 4,200 square foot retail space to a video arcade will result in a net increase of 24 average daily trips onto the surrounding road network. The increase in the traffic associated with the conversion is insignificant and will not have an adverse impact on the surrounding road system. Based on the above a positive finding can be made that concurrency to the adopted Levels of Service Standards will achieved with the proposed conditional use request. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no applicable objectives or policies were found. P & Z Board Staff Report ~ Spinners Arcade - Conditio,.. Use Request for a Coin Operated Amusement Game Facility Page 4 Pursuant to LDR Section 4.4.9(D)(2), an amusement game facility is allowed as a conditional use and subject to the provision of an attendant during operating hours. A condition of approval is attached that an attendant be provided at all times of operation. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Along with the Conditional Use request, a floor plan has been submitted and reviewed by staff, The following regulation relates to the proposed coin operated amusement game facility. Attendant: Pursuant to LDR Section 4.4.9(D)(2), an amusement game facility is allowed as a conditional use and subject to the provision of an attendant during operating hours, A condition of approval is attached that an attendant be provided at all times of operation. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; Nor that it will hinder development or redevelopment of nearby properties. The following zoning designations and uses border the property: Direction Zonin,q Uses North PC South CF East POC West PC Delray Town Center South County Mental Health Center Linton Office Park Palm Court Plaza (Across Military Trail) The proposed amusement facility will not create incompatibilities with adjacent properties that are not customary to a shopping center. The minor increase in traffic will be insignificant. Based on the above, a positive finding can be made that proposed development will not have a detrimental effect on the stability of the neighborhood. The subject property is not in a geographical area requiring review by the DDA (Downtown Development Authority) and CRA (Community Redevelopment Agency). P & Z Board Staff Report ~ Spinners Arcade - Conditio .... Use Request for a Coin Operated Amusement Game Facility Page 5 Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: [] PROD [] President's Council [] Rabbit Hollowe [] Shadywoods r~ Lakeside Townhomes [] Foxe Chase [] Pines of Delray West [] Oakmont [] Lakeview Greens Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. The proposed use will not generate nuisances to the adjacent commercial tenant spaces or the surrounding properties, which are all non-residential. The proposed coin operated amusement game facility is currently consistent with Chapter 3 of the Land Development Regulations and the policies of the Comprehensive Plan. It is noted that the courts are currently considering the gaming versus amusement aspects of these machines with respect to the exception allowed in the Florida State Statutes. If it is determined that these machines are no longer exempt, the conditional use approval for Spinners Arcade will become invalid and they will need to cease operations. Positive findings with respect to LDR Section 2.4.5(E)(5) (Conditional Use Findings) can be made. Continue with direction. Recommend approval of the conditional use request for a Coin Operated Amusement Game Facility for Spinners Arcade based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. P & Z Board Staff Report '-' Spinners Arcade - Conditio~ ,_, Use Request for a Coin Operated Amusement Game Facility Page 6 Recommend denial of the conditional use request for a Coin Operated Amusement Game Facility for Spinners Arcade based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, that the proposed use will hinder development or redevelopment of nearby properties. Recommend to the City Commission approval of the conditional use request for a Coin Operated Amusement Game Facility for Spinners Arcade, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following condition: 1. That an attendant be provided during hours of operation. 2. That should the courts determine that the use of the machines are not exempt from Florida's prohibition as gambling, the conditional use will become null and void. Attachments: Floor Plan Report prepared by: Scott Pape, Senior Planner EXISTING OFFICE EXISTING OFFICE IREDEMPTION COUNTER THIS AREA WILL BE WHERE APPROXIMATELY 60 GAMES WILL BE PLACED 60' TO: THRU: FROM: SUBJECT: DAVIDT~H E CI MA G,ER PAUL DORLING, DIR~CTO~ PLANNING AND ZONING SCOTT D. PAPE, SENIOR P(~"X/ANNER~'-"~c=,~,I,~_ MEETING OF JANUARY 6, 2004 CONDITIONAL USE REQUEST TO ALLOW A MONUMENT AND ORNAMENTAL STONE CUTTING FACILITY IN THE MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT FOR CONGRESS AVENUE PLAZA LOCATED ON THE WEST SIDE OF CONGRESS AVENUE~ APPROXIMATELY 2~300' NORTH OF WEST ATLANTIC AVENUE (320 NORTH CONGRESS AVENUE). The property consists of Lot 1 of the Congress Avenue Auto Center and contains 1.96 acres. The property contains two 11,100 square foot warehouses that were constructed in 1982. The property was annexed to the City of Delray Beach in 1964 and later rezoned from LI (Light Industrial) to MIC (Mixed Industrial & Commercial) as part of the citywide rezoning in 1990. Currently, there are two separate stone cutting businesses operating at the subject property and both uses included outdoor storage of stone in the parking and landscape areas. These uses are currently under code enforcement action for occupying the site without obtaining the necessary City approvals (i.e. conditional use approval, occupational license). The stone cutting business in the northern building is proposing to vacate the property. A Conditional Use application for monument and ornamental stone cutting has been submitted to legally establish the use currently in the southern building and is now before the City Commission for consideration. At its meeting of December 15, 2003, the Planning and Zoning Board held a public hearing in conjunction with the request. After discussing the proposal, the Board unanimously recommended approval (6-0, Krall absent) of the monument and ornamental stone cutting facility for Congress Avenue Plaza, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the conditions noted in the attached staff report. These conditions center on restricting outside storage and controlling environmental impacts. Approve the conditional use request for a Monument and Ornamental Stone Cutting Facility for Congress Avenue Plaza, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the conditions noted in the attached staff report. Attachments: Planning and Zoning staff report PLANNING AND ZONING BOARD "CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: December 15, 2003 IV. C. Conditional Use Request to Allow the Establishment of a Monument and Ornamental Stone Cutting Facility, Within Congress Auto Center Located on the West Side of Congress Avenue, Approximately 2,300 feet north of West Atlantic Avenue (Quasi-Judicial Hearing). GENERAL DATA: Owner/Appli~,ant ......................... University Square, a Flodda General Partnership Agent .......................................... Weiner & Aronson, P.A. Location ...................................... Located on the west side of Congress Avenue, approximately 2,300 feet north of West Atlantic Avenue. Property Size .............................. 1.59 Acres Future Land Use Map ................ CMR (Commerce) Current Zoning ............................ MIC (Mixed Industrial & Commercial) Adjacent Zoning ................ North: MIC (Mixed Industrial & Commercial) East: MIC (Mixed Industrial & Commercial) South: MIC (Mixed Industrial & . Commercial) West: R-l-AA (Single Family Residential) Existing Land Use ...................... Light Industrial Proposed Land Use ....................Establishment of a monument and ornamental stone cutting facility, within Congress Auto Center. Water Service ............................. Existing on site. Sewer Service ............................. Existing on site. IV. C. The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to establish a Monument and ornamental stone cutting use for Congress Avenue Plaza, pursuant to Section 2.4.5(E). The subject property is located on the west of Congress Avenue, approximately 2,300' north of West Atlantic Avenue (320 North Congress Avenue). The property consists of Lot 1 of the Congress Avenue Auto Center and contains 1.96 acres. The property contains two 11,100 square foot warehouses that were constructed in 1982. The property was annexed to the City of Delray Beach in 1964 and was rezoned from LI (Light Industrial) to MIC (Mixed Industrial & Commercial) as part of the citywide rezoning in 1990. Currently, there are two separate stone cutting businesses operating at the subject property and both uses included outdoor storage of stone in the parking and landscape areas. These uses are currently under code enforcement action for occupying the site without obtaining the necessary City approvals (i.e. conditional use approval, occupational license). The stone cutting business in the northern building is proposing to vacate the property. A Conditional Use application for monument and ornamental stone cutting has been submitted to legally establish the use currently in the southern building and that is now before the Board for action. The conditional use request to establish a Monument and ornamental stone cutting use includes: Conversion of the eastern 9,901.50 square feet of the southern building to a monument and ornamental stone cutting use including accessory showrooms and indoor storage areas. The applicant proposes no extedor upgrades of the building, landscape areas, or parking areas and no outside storage. The previous outside component is to be accommodated inside the existing building. The applicant has indicated the hours of operation will be dudng the day light, Monday through Sunday. The proposed stone cutting business will employee 9 persons. P & Z Board Staff Report Congress Avenue Plaza - ~Jonditional Use Request for Monument and Omamental Stone Cutting Page 2 CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards. L.O.S.) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The _subject property has a CMR (Commerce) Future Land Use Map (FLUM) designation and is zoned MIC (Mixed Industrial and Commercial). The MIC zoning is consistent with the CMR land use designation. The proposal is to convert the eastem portion of the southern building for a monument and omamental stone cutting business. Pursuant to the LDR Section 4.4.19(D)(2)(d), within the MIC zone district monumental and ornamental stone cutting is allowed as a conditional use. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The conversion of the property to a monument and omamental stone cuffing facility will not have an impact on traffic, parks and recreation, solid waste, drainage or schools. Water and Sewer: E! Water service is provided to the site vi an existing 8" water main along Congress Avenue. El Sewer service is provided the site via an existing 10" main along Congress Avenue. El Adequate fire suppression is provided to the site via an existing fire hydrant on the adjacent property to the north. 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 establishment of a monument and ornamental stone cutting business will not increase the demand on water and sewer compared to other light industrial uses, which could occupy the property. P & Z Board Staff Report Congress Avenue Plaza - Conditional Use Request for Monument and Ornamental Stone Cutting Page 3 Based on the above a positive finding can be made that concurrency to the adopted Levels of Service Standards will achieved with the propos ,ed conditional use request. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no applicable objectives or policies were found. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The following zoning designations and uses border the property: Direction Zoning Uses North MIC South MIC East MIC West R-l-AA Vacant Wholesale Wholesale/Contractor Single Family (Across E-4 Canal) The proposed monumental and ornamental stone cutting business will be compatible with the existing industrial uses to the north, south and east. There may be compatibility concerns with the residential properties to the west. The Air Pollution Control Section of the Palm Beach County Public Health Unit has received complaints regarding the generation of dust from the subject property. It appears that the "dry" processing of stone (grinding and polishing) generates airborne particulate. The applicant has indicated that a wet saw (which controls airborne dust) is utilized to cut the stone, however, this only addresses a limited part of the operation. The applicant must provide information as to how the dust from the finishing process (grounding and polishing) are to be contained on site. The Delray Beach Environmental Services Department has inspected the property and found that the wet saw containment system complies with the City's stormwater pretreatment requirements. Verification and approval of the containment method for the finishing process is still required. Further, P & Z Board Staff Report Congress Avenue Plaza - ~onditional Use Request for Monument and Ornamental Stone Cutting Page 4 verification or acceptance of this containment system from the Health Department is requested and attached as a condition of approval. The floor plan indicates that the two cutting rooms have overhead doors, Consequently, the dry processing of stone in absence of a containment system will generate dust conditions if these doors remain open and this will create an incompatibility with the adjacent properties. Therefore, a condition of approval is attached that an acceptable containment system is provided or dry processing of stone is prohibited. The applicant has indicated that the proposed hours of operation are the daylight hours, Monday through Sunday. Given the proximity of the single family neighborhood to the west, it may be appropriate to limit the hours of operation to between the hours of 8:00 a.m. to 7:00 p.m., Monday through Saturday. The hours of operation are acceptable to the applicant and are attached as a condition of approval. If the conditions of approval are addressed, a positive finding can be made that proposed development will not have a detrimental effect on the stability of the neighborhood. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Along with the Conditional Use request, a survey has been submitted and reviewed by staff. The following regulations relate to the proposed monument and ornamental stone cutting facility. Outdoor Storage: Pursuant to LDR Section 4.4.19(H)(4), except for outside storage approved pursuant to Section 4.6.6(C)(2), all principal and conditional uses shall be conducted within an enclosed building. The subject monument and ornamental stone cutting business has occupied the subject property without the required conditional use approval of the City. The business has utilized the parking area and perimeter landscape areas for the storage of material. The property owner is currently under code enforcement action, which is being held in abeyance awaiting the outcome of the conditional use application. The matedal has been removed from outdoor areas and the applicant has indicated all future storage is to be accommodated inside. A condition of approval is attached that the outside storage of material is prohibited. Pursuant to LDR Section 4.4.19(H)(4), all other activities associated with the processing of the stone must be conducted within the building and this is also attached as a condition of approval. Parking: The conceptual plan indicates that the two buildings contain a total of 10,183.50 square feet of auto repair uses; 6,603.37 square feet of manufacturing/attendant offices/assembly; and 5,380.13 square feet of storage/warehouse space. Pursuant to P & Z Board Staff Report Congress Avenue Plaza - Conditional Use Request for Monument and Ornamental Stone Cutting Page 5 LDR Section 4.6.9(C)(5)(b), vehicle repair shall provide 4.5 parking spaces per 1,000 square feet of gross floor area. Pursuant to LDR Section 4.6.9(C)(5)(a), general industrial uses must provide 3 parking spaces per 1,000 square feet of floor area devoted to manufacturing/attendant offices/assembly and 1 space per 1,000 square feet of gross floor area devoted to storage and warehouse use. Based on the above, the required parking for the site is a total of 72 parking and 80 have been provided [10,183.50/1,000'4.5=45.83; 6,603.37/1,000'3=19.81; 5,380.13/1,000=5.38]. The subject property is not in a geographical area requiring review by the DDA (Downtown Development Authority) and CRA (Community Redevelopment Agency). Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: E! PROD El Sudan El Delray Shores El Chatelaine Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. The conditional use, as proposed, will not have an adverse impact on the surrounding neighborhood if the dust is appropriately contained and appropriate hours of operation are adhered to. The cutting of the stone involves a wet saw that eliminates the air borne particulate and retains the runoff from entering the stormwater collection system. There is a concem that the dry processing of stone would create an incompatibility with the adjacent neighborhood and that the outdoor storage of matedal may resume following approval of the conditional use. Consequently, a condition of approval is attached that dry processing is appropriately mitigated or prohibited and that no outdoor storage is allowed. It is noted that if dry processing of stone is proposed, the containment measures may include modification to the building including removal of the overhead doors. Subject to these conditions of approval, the proposed monument and ornamental stone cutting business is consistent with Chapter 3 of the Land Development Regulations and the policies of the Comprehensive Plan. Positive findings with respect to LDR Section 2.4.5(E)(5) (Conditional Use Findings) can be made. P & Z Board Staff Report Congress Avenue Plaza - ~Jonditional Use Request for Monument and Ornamental Stone Cutting Page 6 1. Continue with direction. Recommend approval of the conditional use request for a Monument and ornamental stone cutting for Congress Avenue Plaza based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. Recommend denial of the conditional use request for a Monument and omamental stone cutting for Congress Avenue Plaza based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, that the proposed use will hinder development or redevelopment of nearby properties. Recommend to the City Commission approval of the conditional use request for a Monument and ornamental stone cutting for Congress Avenue Plaza, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: 1. That the dry processing of stone is prohibited or that an acceptable containment system is submitted and approved. 2. That the outside storage of material is prohibited. 3. That all activities associated with the monument and omamental stone cutting business be conducted within the building. 4. That the applicant obtains written verification from the Palm Beach County Health Department that verifies the adequacy of the dust containment methods. 5. That the hours of operation are limited to the hours between 8:00 a.m. to 7:00 p.m., Monday through Saturday. Attachments: Floor Plan/survey Report prepared by: Scott Pape, Senior Planner ~ c~. ~,*tu ura.~rr ~ 34.9' ~ ~ I~. ~LI~I ~_ -: I~11~1 ~ 6o ~ o o ~4.9' T~ David Harden, City Manager F~: Lula Butler, Director, Community Improvement 13ate: December 30, 2003 Re: Request for Reduction of Men/315 SW 3r~ Street ITEM BEFORE THE COMMISSION: Consideration of the request to reduce liens assessed to the property addressed as 315 SW 3r~ Street submitted from the Real Estate Agent on behalf of the new buyer in the amount of $6,236.21. This amount represents the sum total of accrued interest and administrative fees assessed to this property. The total amount of liens assessed to this property is $14, 879.33. BACKGROUND: Durante Realty is the agent for the buyer; the attached application states that the new owner is proposing to construct a new single family home on the vacant lot. This request is consistent with City Commission policy goveming the reduction and release of liens approved October 2003. The owner's application, letter of request from the agent and documentation of the assessed liens are attached for your reference. RECOMMENDATION: Staff is recommending approval of the request from Durante Realty, as the agent for the owner, to reduce the amount of the outstanding liens assessed to the property represented in this application in the amount of $6,236.21. In addition, the balance of the lien, representing the City's out-of-pocket costs, must be paid within 30 days of Commission approval and the release of the reduced lien amount shall be coordinated with the submission of a building permit for a single family home. LB:DQ Lien Reduc'~on Durante.Jan2004 Customer # 5419 Valerie Wesley 315 SW 3rtl Street · Out of Pocket Payments for Vendors Recording $8,591.79 51.33 Total $8,643.12 · Administrative Charges · Interest Total Total $1,969.50 $4,266.71 Ledger Balance 12/19/03 Total $14,879.33 City of Delray Beach Department of Community Improvement REQUEST FOR REDUCTION OF MUNICIPAL LIENS FORM 1. Please complete the information listed below as the requester for lien reduction. · Requester's Name (if business, please list company name and contact person): · Contact Telephone Number: .~g/ ..~/._~ ~.~'g '7 fid/ · Fax Number: · E-mail address: Please indicate if~e comply listed in 1, above (if applicable) is: For Profit Non-Profit Property information - Describe the property for which this request is being made: · Property Control Number (PCN): · Legal Description: 4. Please indicate when, how and for how much you acquired the above property: ! Price Paid~lO,o00 do~n Ct,rgr.enw Briefly describe exactly what you are requesting from the City: Briefly describe the purpos6 for which subject property will be utilized and your proposed timetable for implementing such use: Have you requested lien reductions at any other time from the City of Delray Beach? If so, when and on what property: Agent s Title Date Submitted September 29, 2003 Charlotte G. Durante, Realtor DURANTE REALTY, INC. 1030 South Federal Hwy Suite I 12 Delray Beach, FI 33483 Re: Property Land located at 3 i 5 SW 3rd Street Per our telephone conversation on Thursday, 9/25, I discussed this with Valerie and she is willing to sell this property with the following conditions for the amount on the contract i/a/o $20,000. 2. 3. 4. 5. Buyer shall pay all title search costs Buyer shall pay all recording fees Buyer shall pay all real estate tax Buyer shall pay for City lien search Buyer shall be responsible for any and all liens on property if any such liens exist. As this property has been dormant for many years, seller has no knowledge of what is actually due on this parcel. Seller does agree to pay for real estate commission which will be affected with this transaction. Agreed to: _ ~, ~ .~. Valerie Westley J 2104 NE 14tnCt ~n Beach, FI 33435 Keyes Realty 405 Plaza Real Boca Raton, FI 33442 THIS FOR~Vl HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS® AND THE FLORIDA BAR 1' PARTIES: .("~eller"), 2' .('Buyer"), 3 and Buyer shall buy the following described Real Property and Personal Property (collectively "Property") 4 pursuant to the terms and conditions of this Contract for Sale and Pumhase and any dders and addenda ("Contract"): (a) Legal description ~.~t~Real Properb/ ; _/.~, County, Florida: 9* ~) Street address, ci~,zip, of the Prope~y: ' ~t~/ &r~ 3[ ~)~ ~-~ FL 10 (c} Personal Pro.dy includes existing range, refrigerator, dishwasher, ceiling fans, light f~ums, ~d ~ndow treatments u~e~ 12' ~er items i~luded are: '- 13' 14' Items of Personal Pro~ (~d ~ased items, ~ ~y) excluded are: ~ 'J~ ~ ~ 16' !1. 17 18' 19' 20' 21 22* 23* 24* 25' 26 27* 28 III. 29 30* 31 32 33 34 35 37' 38* 39* 40' 41' 42 43 44 45 46' 47* PURCHASE PRICE (U.S. currency): ................................................... $ PAYMENT: (a) Depoalt held in escrow by J~)L-J.~/~t'J~4~q ~'~. ztJ~.~U (Escrow Agent) in the amount of .. $ (b) Additional escrow deposit to ~ made to Escrow ,~gant within ~ days after Effective Date (see Paragraph III) in the amount of .................................................... $ £ (~-~r"~) (c) Assumption of existing mortgage in good standing (see Paragraph IV(c)) having an approximate present principal balance,of .......................................................... $ (d) New mortgage financing with a Lender (see Paragraph IV(b)) in the amount of ................... $ (e) Purchase money mortgage and note to Seller (See Paragraph IV(d)) in the amount of .............. $ (f) Other: ..... $ (g) Balance to dose by cash or LOCALLY DRAWN cashier's or official bank check(s), subject to adjustments or prorations ......................................................... $ TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS; EFFECTIVE DATE: (a) If this of~r is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before ?' - ~.~ "' ~ ~ . the deposit(s) will, at Buyer's option, be retumed and this offer withdrawn. UNLESS OTH, ERWISE STATED, THE TIME FOR ACCEPTANCE OF ANY COUNTEROFFERS SHALL BE 2 DAYS FROM THE DATE THE COUN- TEROFFER IS DELIVERED. (b) The date of Contract ("Effective Date") will be the date when the last one of the Buyer and Seller has signed or initialed this offer or the final counteroffer. If such date is not otherwise set forth in this Contract, then the "Effective Date" shal~ be the date determined above for acceptance of this offer or, if applicable, the final counteroffer. (a ANCING: ) This is a cash transaction with no contir~gencies for financing; I~ (b) This Contract is contingent on Buyer obtaining approval of a loan ("Loan Approval") within days after Effective Date for (CHECK ONLY ONE): QI a fixed; Q an adjustable; or Q a fixed or adjustable rate loan, in the principal amount of $ , at an initial inter- est rate not to exceed %, discount and origination fees not to exceed .% of principal amount, and for a term of __ years. Buyer wil~ make application within days (if I~lank, then 5 days) after Eg~,cti~a L,a e an,. use ,m=asons=,~ ,~il~gan~ .o ob.al,. _ca Approval and, thereafter, to satisfy terms and conditions of the Loan Approval and close the loan. Buyer shall pay all loan expenses, if Buyer fails to obtain a Loan Approval or fails to waive Buyer's rights under this subparagraph within the time for obtaining Loan Approval or, after diligent, good faith effort, fails to meet the terms and conditions of the Loan Approval by Closing, then either party thereafter, by written notice to the other, may cancel this Contract and Buyer shall be refunded the deposit(s); ~ (c) Assumption of existing mortgage (see rider for terms); or Q (d} Seller financing (see Standard B and riders; addenda; or special clauses for terms). ' 48' V. TITLE EVIDENCE: At least days (if blank, then 5 days) before Closing: 49* .,~ (a) Title insurance commitment with legible copies of instruments listed as exceptions attached thereto ("Title Commitment)" and, after 50* '~'CIosing, an owner's policy of title insurance !s~e Standard A for t,erms); or QI (b) Abstract of title or other evid,e_nce of title (see riCer~r terms), 51' shall be obtained by (CHECK ONLY ONE :.~ (1 Seller, at Sellers expense and delivered to Buyer or Buyers attorney; or (-~.¢.~ 52' /gl' i2) Buyer at Buyer's expense. ¢~'¢~"~'~?~.-- , I ~,t/~ ~, ~ 53* VI, CLOSING CATE: This transaction sna~ De closed and the closing documents Oel~vered on ~ I I~(~Closing ), unies~ 54 modified by other provisions of this Contract if Buyer is unable to obfaln Hazard, Wind, Flood, or Homeowners' insurance at a reasonable rate 55 due to extreme westhe~ conditions, Buye~ may delay Closing for up to 5 days after such coverage becomes available. 56 VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Sailer shall convey marketable title subiect to: comprehensive land use plans, zoning, 57 restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise 58 common to the subdivision; outstanding oil, gas and mineral rights of record without right of entry; unplatted public utility easements of recora 59 (located contiguous to real property lines and not more than 10 feet in width as to the rear or front lines and 7 1/2 feet in width as to the side 60 lines); taxes for ye~,~ ol Closing and subsequent years; and assumed mortgages and purchase money mortgages, if any (if additional items, see 61 adde~u~); prO~ded, that. there e~,~ts at Clpsing/no vioiatiC¢ of the foregoing and none prevent use of the Property for 62* (~._ -c'/-~ ff~ - ',~ ·/'~-4/~ ~ purpose(s). V 63 III. OCCUPANCY: Seller shall del ver occupancy of Prol~erly to Buyer/at time of Closing un ess otherw se stated herein. If Property s ntanded 64 to be rented or occupied beyond Closing, the fact and terms thereof and the tenant(s) or occupants shall be disclosed pursuant to Standard F. 65 If occupancy is to be delivered before Closing, Buyer assumes all risks of loss to Property from date of occupancy, shaft be responsible and liable 66 for maintenance from that date, and shell be deemed to have accepted Property in its existing condition as of time of taking occupancy. 67 IX. TYPEWR~EN~RHANDWRr~-~ENPR~V~s~NS:Typewritten~rhandwrittenpr~visions~ridersandaddendasha~contr~al~printedpr~. 68 visions of this Contract in conflict with them. 69* X. ASSIGNABILITY: (CHECK ONLY ONE): Buyer ~1 may assign and thereby be released from any further liability under this Contract;J~may 70' assign but not be released from liability under this Contract; or Q may not assign this Contract. 71 Xl. DISCLOSURES: 72* (a) Q CHECK HERE if the Proper'b/ is subject to a special assessment lien imposed by a public body payable in installments which 73' continue beyond Closing and, if so, specify who shall pay amounts due after Closing: ~1 Sailer Q Buyer I~1 Other (see addendum). 74 (b) Radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient quantities may present heeith dsks to per- 75 sons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida, 76 Additional information regarding radon or radon testing may be obtained from your County Public Health unit. 77 (c) Buyer acknowledges receipt of the Florida Building Energy-Efficiency Rating System Brochure. 78 (d) If the real property includes pre-1978 residential housing then a iaad-bassd paint dder is mandatory. 79 (e) if Seller is a "foreign person" as defined by the Foreign Investment in Real Property Tax Act, the parties shall comply with that Act. 80 (f) If Buyer will be obligated to be a member of a homeowners' association, BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL 81 BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIATION DISCLOSURE. 82 XU. MAXIMUM RB~P/~R COSTS: Seller shaft not be resoonsi!',le for pa~-.'m, ents in excess of: 83' (a) $ ! ! ! A for treatment and repair under Star~dard D (if blank, then 2% of the Purchase Price). 84' (b) $ /N.~'/,/..f-- --for repair and replacement under Standard N not caused by Wood Destroying Organisms ¢ blank, then 3% of 85 the Purchase Pr~e)~. 88 Xlll. RIDERS; ADDENDA; SPECIAL CLAUSES: 87 CHECK those riders which are applicable AND are attached to this Contract: 88* ~1 CONDOMINIUM 6) VA/FHA Q HOMEOWNERS' ASSN. 6) LEAD-BASED PAINT 89' Q COASTAL CONSTRUCTION CONTROL LINE QI INSULATION Q "AS IS" Q Other Compral"~sive Rider Provisions 90* Q Addenda ~ ~ ~ , · 96 XlV. STANDARDS FOR REAL ESTATE TRANSACTIONS ("Standards"): Buyer and Seller acknowledge receipt of a copy of Standards A 97 through W on the reverse side or attached, which are incorporated as part of this Contract. 98 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF 99 AN A'I-rORNEY PRIOR TO SIGNING. 100 THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS® AND THE FLORIDA BAR. 101 Approval does not constitute an opinion that~any of the terms and conditions in this Contract should be accepted by the parties in a 102 particular transaction, Terms and conditions should be negotiated based upon the respective interests, objectives and bargaining 103 positions of ali interested persons. 104 AN ASTERISK(') FOLLOWING A LINE NUMBER IN THE THE MARGIN INDICATES THE LINE CONTAINS A BLANK TO BE COMPLETED. 106 (BUYER/~.,/ (DATE) (SELl_ER) -- ~ (DATE) 107' 108 (BUYER) (DATE) (SELLER) (DATE) 109' Buyers' address for purposes of notice Seliars' address for purposes of notice. 110' 111' Phone Phone 112' Deposit under Paragraph II (a) received (Checks are subject to clearance.): r-'-~&,,l..f ~Escrow Agent) 113 BROKERS: The brokers named below, including listing and cooperating broke{s,~re the oni'y'bro.~jers entitJed ~(~ ~/n~pensation in connection 114 with this Contract: /~,~/, ,~.,.,.,.,.,.,.,.,.~ ~'/~.~,~ .-., , ----, , 116 CooperatingBrJokers, if~ny ' / ..... Listing Broker 0¢T-29-2007 ~6:14 LC:$ - 561 ~' TM ~JJ P.E~2 23' (d) New ................................. ~4, la) Purchaa~ menw mor~ga9a anO ~ i i i .............. rno~gag~ ~rci~ with a l.enoe~ (see P~ragra~ tV~)) h tr,e am~m ..... $ ~ 25' (00th~; nc,e to ~,er (See Paragrap~ ~O~) ~ [ne am~n~ o[, ..... 26 (g) ~iance to clO6e by ~sn or LOCALLY O~AWN cs{n'er's o, offic~ tank ~(s), subjec~ .... $ - ~7' to aOJu~tmente or ~r~a:;OnS,., · ~8 III. TIME FOR ACCEPTANCE OF OF¢ER ................ ~9 (a) ~ [h~s o~r I~ no! ~xecu~e~ by ~no ~hve~d [o ~0' ~6fore ~- ~ ~ ~ ~ all ~nieS OR FACT OF ~:ECuT,O~ ~3ur~a~~ in writing ~N~e~ ~,6 pa~;~ o~ .... ' ' _ , the Oe~sitfsj 'Mil, al 5uTet ~ ,)orlon. D~ ~u'f~,e~ ~hO INS offer ~ZlhOrawn. UNLESS OTH. H ERWISE 8TA~ED, THE TIME FOR ACCEPTANCE OF ANY COUNTEROFFERS SHALL BE 2 DAYS FROM THE DATE THE COUN- TEROFFER IS DELIVERED. form in th~ ~n tact then the "Effe~ive Date' ~all be t~ date a6t~m/n~ above ,5 acce~tn~e of tP,~s o~ef Or, il ~Dli~b~e, the ~na~ counteroffer ~ANCING: 9' ~ (b) This ~' Contract is cont;ngent on 8,.~,e. oOla;r?.g e~ro,~l ~ t Io~n ?L~n AppmvaP) within ~ da~ after Eflec~ Dam for ~ - . Y~ w,it ~,.~e ~Ka,i0n w,t~l~- ' da.~',u .,. _ . o exes0 ~ % of ~;ir,~Da~ am~ a~ ,2C' , . ~' - . ~yur ~qall Pa'/a,] t~n exp~nSes If 6~yet ~ dih~eflt, ge~J f&,th eHo~ fells t0 ' ~ to the Olaf. may Cencsl this ~ntmc: anu Buyer sh~;; be r6~ded (he deposilts): ' . . )' ~ (cj Ase~mptJoq Ct axial,rig rr, o~gage (s6e rider for terms): or . . Ihen e Per pady thsrea~er by writt~ '* Q rd) Setter financmng (see St~ndar~ ~ and hoers; a~de~a; or s~a: c~auses for ~erms). tV. 71.TLE EVIDENCE: A[ ~east ~ Oa~ Cf ~snk, l~n 5 ~, · .. . · srlalJ De ob:a;n~ by CHECK QNF.' ~;~' ~ ~ ,,u~'~ ,~ for le~); ~ O fbi Abslrac .,~ ~;'l*. ~-'~-"~' ~u ~ -me '~omm~tmerff)' and, e~er moO~fleO~Ot~rn,~ ~ .... ' ~naloe-losedar~lheclos,ned~umnnr;_. _ ~'~.~ ~l~x/~ .~ ~-- ; ~ASEMENTS; LIMITAT ONS: Se ~e .n~,,~ ' = , 'e, age become~ Date: 12/30/03 AGENDA ITEM NUMBER: Request to be placed on: __ Coment Agenda When: 1/6/2004 AGE NDA RE OUE ST Regular Agenda Description of agenda item (who, what, where, how much): Request m Reduce Lien - 315 SW 3 St - $6,236.21 __ Workshop Agenda __ Special Agenda Department Head// /Y . Signature: /~J~a_~v//...--"'~<-.~ ~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Account Number Description Account Balance: Funding Alternatives: City Manager Review: Yes / No Initials: (if applicable) Approved for Agenda:~/ No Initials: Hold Until: Agenda Coordinator Review: Received: [lTV OF DELRriV BEflCH CITY ATTORNEY'S OFFICE DELRAY BEACH city TO: FROM: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Wdter's Direct Line: 561/243-7090 MEMORANDUM December 16, 2003 David Harden, City Manager City Commission Terrill Pyburn, Assistant City Attorney SUBJECT: Proposal for Settlement in Clara Outram v. City of Delray Beach The City has received a proposal for settlement in the above case. Plaintiff alleges that she fell in a "hole" on the City's sidewalk in front of S&R Beauty Supply on N.W. 5th Avenue. The alleged "hole" was an area of dirt where a tree was previously located. The Plaintiff allegedly fractured her elbow as a result of her fall. The Plaintiff filed suit in October, 2003 and has offered a proposal for settlement in the amount of $37,499.99. If the City accepts the settlement offer, the case will be dismissed and the Plaintiff will release the City of all claims. If the City does not accept the offer, the case will likely go to trial on or around September, 2004 as it is set on a four-week trial docket beginning September 7, 2004. The Plaintiff's medical expenses to date are $2,403.32. The City Attorney's Office recommends that the City deny the proposal for settlement at this time. Mediation is currently scheduled for January 5, 2004, therefore, a second proposal for settlement may be forthcoming at a later date. Please place this item on the January 6, 2004 City Commission agenda. Thank TCP:smk [ITY OF DELRrI',' BEflCH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DATE: TO: FROM: SUBJECT: MEMORANDUM December 18, 2003 David Harden, City Manager City Commission Terrill Pyburn, Assistant City Attorney Offer of Settlement Writer's Direct Line: 561/243-7090 In 1997, the City was informed that it was responsible for the disposal of approximately 880 gallons of used oil that was delivered to the Florida Petroleum Reprocessors Facility CFPR" Facility) in Davie, Florida from 1979 through 1990, thus subjecting it to liability under federal environmental laws. The City recently received a de minimis settlement offer from the Environmental Protection Agency. This offer allows the City, as a Potentially Responsible Party ("PRP") to be released from the lawsuit in exchange for a payment of $3,370.40 ($2,527.80 to be paid to the EPA and $842.60 to be paid to the City of Ft. Lauderdale in order to reimburse both entities for clean up costs). In exchange for the City's payment of $3,370.40, the United States agrees to release us from the lawsuit and we receive "contribution protection", protecting us from possible future lawsuits by other Potentially Responsible Parties ("PRP's') seeking reimbursement. The City, however, must also agree not to file suit against any other PRP's as part of the settlement. The City Attorney's Office recommends that we accept the offer. The deadline for acceptance of the settlement offer is January 31, 2004. In order to express our acceptance, we must sign and return the attached signature page to the EPA on or before that date. We are not required to send the payment with the signature page in order to accept, but we will be required to send it at a later date in compliance with the EPA's payment instructions, which will be forthcoming upon their receipt of our acceptance. Please place this matter on the January 6, 2004 City Commission agenda for consideration. Thank you. TCP:smk Attachment IN THE MATTER OF: Florida Petroleum Reprocessors Superfund Site, Davie, Florida De Minimis Administrative Order on Consent U.S. EPA Docket No. CER 04-2004-3751 Signature Page for Respondent: City of Delray THE UNDERSIGNED RESPONDENT enters into this Consent Order in the matter of Docket number CER 04-2004-3751, relating to the Florida Petroleum Reprocessors Site in Davie, Broward County Florida, and hereby agrees to make the following payments as indicated in Appendix C to this Consent Order: PAYMENT DUE Payment to EPA ................................................................... $2,527.80 Payment to City of Ft. Lauderdale ....................................... $842.60 FOR RESPONDENT: Name of Respondent Date Mailing Address Signature Print Name 19 TO. FROM: SUBJECT: DATE: MEMORANDUM MAYOR AND CITY COMMISSIONERS C~TY MANAGER ~ AGENDA ITEM # c~ ~ _ REGULARMEETING OF JANUARY 6, 2004 APPOINTMENTS TO THE CODE ENFORCEMENT BOARD JANUARY 2, 2004 The term for regular members Glenn Schuster, Leonard Eps&n, David Hawke and alternate member Gilda Femandez will expire on January 14, 2004. All of these members are eligible and would like to be comidered for reappoinrment. Mr. Mark Behar is an alternate member and would also like to be considered for a regular member. All terms would be for three years ending January 14, 2007. All members of the Code Enforcement Board must be residents of the City. Appointments to both regular and alternate member positions shall be on the basis of experience or interest in the fields of zoning and building control. The regular and alternate memberskip of the Board shall, whenever possible, include an architect, a business person, an engineer, a general contractor, a subcontractor and a realtor. The following have submitted applications and would like to be considered: MarkBehar PropertyManagement(altemate member would like to be Pearl Markfield Elrod Leonard Eps&n Bemard Federgreen Gilda Femandez Gerry Franciosa David Hawke Jayne King Samuel Resnick Glenn Schuster Stanley Warshaw StauleyWatsky considered for a regular member) Realtor Business Owner (incmbent) Retired Director of Operations(Coca-CoN) Property Management Retired Law Enforcement Architect Educator Code Admin/Engineer Fire Chernical Specialist Technologist Insurance/Realtor (incumbent-alternate) (incumbent) (currently on Board of Adjustment) (incumbent) (currently on Board of Adjustment) A check for code viohtions and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, appointment for regular members will be made by Commissioner Costin (Seat # 1), Commissioner Archer (Seat #2) and Commissioner Levinson (Seat #3). Appointment for an alternate member will be made by Commissioner McCarthy (Seat # 4). Recommend appointment of three (3) regular members and one (1) alternate member for a three year term ending January 14, 2007. DELRAY BEACH 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the £ollowh~ information: 3:~--L~l~'s'den~'e'"'"~"."">-.'~~.-~ / ,,,aO'C;~'~--:'~-',~'"' ~__ "~.,,'.pCoa,' 4. P~p~' Bus.ess0 Address Ci~ ff S~te Zip Code 5. Home Phone: Business Phone: E-~ Address: ~ Ce~ Phone: F~: 6. Are you a re~stered voter?Z~ 1/ If&, where ~e you re~terdd? 7. ~at Board(s) are you interested ~ se~? Please ~st ~ or'er of pre&fence: ~ Ust ~iq, Boardi'o~hich you are cu~enfly ~r hax;e ~;e~ously ~Ma:'~l~s~ induce dates) " / /., 10. ~st any rel~t~ profession~ ce~ficadons ~d ~censes ~ch you hold: 1~. Giveyourpre~en~mostrec~nte~e/;~u¢o~idon:~,~ ~ ~-- ~ ~ - e tribe ~efie~s, s~s'oi~owledge w~ch q~ yOU fo ~ o~s bo~d: ~idase am~ a btief res~ I hereby ce~ ~at ~ ~e abow statements ~e ~e, md I ~ee md ~d~s~d ~at my ~ss~temmt ofmate~ fac~ Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a cunl~lal:JIl~l~l/l~$1ll'l~ file. IqAR 2 6 2003 BOARD MEMBER AppLIC:ATiON · ' 1993- 2001 2. J:[ome~A~d~.~s: · 4. ~u~ess Address: 5. Home P~: ~ Bu~s PB~ ~ ~ss:, 10. ~st ~ ,;~;d ~,~,;~s~o~ c~s ud ~c~cs ~ you 'I ./~ J'~f' F~ RECEIVED ~n o~ ~the( 2 y~'s ~om t~e c~tc it ~ submitted. It ~ be mmmt spplic~gon is on fi]c. : 03:27/05 T91; 13:22 ~A~ $6£ 243 3774 I~pr. 01 ~ E~:~':JHt P1 CiTY OF DELRAY BEACH BOARD MEMBER APPLICATION ~ H~e Phone: Bu~ess P~n~ ~M~ 8. ~s* ~ O~ ~ds on ~Nch you ~ ,, , ~ ...... RECEIVED APR - t 2003 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 4. ~,31 Bu.~,-ss 5. ~o~ ~ Bu~s Ph~ ~ ~ss: 6. ~e you s ~' ~ ~s) / " A- submitted. It w~J be fl~e apl~cant's x'espo~'b~ity to ensuxe that · 17:40 5G1243G880 P~ 82 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 3~ ~ ~ddcnce: ~ ' State ~p C~e 4. ~fl Bu~ess ~d~ss: ~ ~ Sm~ ~p C~e 5. ~ome Phone: Bu~ess Phone: ~ ] E-~ Ad,ess: CeU Ph~y~ ~ j F~:" 7. ~lt B0sM(s) ~e you in~ in ,~ Pie~ USt in ofd~ 0f p~feren~ _ ~. ~st ~ Ci~ ~,ds on ~ch mu sg ~nfly se~i~ or h~ve pr~oufly se~ed: O, ~st ~y r~t~ ~fessso~ ~fi~aons and flosses ~ you hold:~ . 11. ~ ~ ptes~L or most recur em~o~r,~d ~si~om~ Note: This appllca6oo will remain on fdc in the City Clerk's Office for s period of 2 years from the dire it Was submitted. It will be the ~tpplica~r's responsibility ensure that a curren ' . "' '"mtv,/n~ AUG - 8 2003 CITY CLERK - 08/07/~003 17:40 561~436800 P~E[ 03 12. Attached brief resume: My experience as a Property Manager for over seven years has provided me with the knowledge of the law and codes for real estate in particular with multifamily housing. For the past four years I have been working for a community in Delray Beach in which I have dealt with the Code Enforcement Department and am aware of what is expected from residents, business owners, etc. in the City of Delray Beach. FR'OH : C~:~-'~,:d] F~K t~. : .,~:T,l=--'t~,OT,,.16 ]'un. 10 =-'OO~ (~3:.4-4PH Pi 05,'10,'1]~ r~*C~ 1!:0~ F.~ 561. '~43 ~77t CiTY OF DELRAY BEACH BOARD MEMBER APPLICATION RECEIVED JUN 1'1 2003 CITY CLERK 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION . Plea,~e type ot print the f~llowing informolion: 2. Home Address:, 3. Legal Residence: 4. l~incipal Business Address: 5. Home Phone: Stat~ State State ~, ~q Zip Code zip Code E-Mail Address: Celt Phone: Fax: 10. List any ~ 11. Give, you hold: ,-----~ .J or most recent employer, and position: 12. exp~icnc~, (Please attach a biief rcsurne) I hereby ce. z6fy tlmt ~fll Ihe above statementsaze ~ ~d I ~ md ~d~d ~t ~y mi~s~t~t of~t~ con.ed h ~s apportion may ~use forfd~e upon my ~ of~y ap~h~t I ~y rec~ SIGNA~ DA~ Note: ~ ,ppfl~fion ~ ,~ on ~e h ~e O~ Oezk', Office rot · p~od o~ ~0 ~,e it was sub'Red. It ~ be ~e appfl~t's tesponsib~ to ~s~e ~t a ~t appn~aon ~ on me. SAY 1 0~ CITY GLERK DAVID MATTHEW HAWKE 121 Heather Lane Delray Beach, Florida 33444 (561) 740-4440 To advance and broaden my knowledge of complex architectural, aviation, transit, and public facilities projects; To intensify my contract negotiations, design/build expertise, and design/construction supervisory experience. EDUCATION: Masters of Business Administration Marymount & Georgetown Universities, In-Progress Master Degree in Architecture/Engin~ring University of Maryland Bachelor of Science Degree in Architecture Clemson University PROFESSIONAL EXPERIENCE: HAWKE & ASSOCIATES ARCHITECTS, I~I~C.- President, May 1998 to Present - Design Director and Principal of a full-service architectural firm in South Florida. Specializing in commercial structures, medical complexes, and public facilities. The office pursues and has teamed up with large firms on joint-venture projects in aviation and transit as a consultant throughout the nation. MASSACHUSETTS I~0RT AUTHORITY- Senior Project Manager, February 1997 to April 1998 Logan Moderni~fion Program Terminal Area Roadways - Developed a preliminary dezign to complete Construction Documents in eleven months. The 1.5 mile two level roadway system has + 60 caisson foundations and complex structural design. The airport traffic and roadways must be maintained during difficult phs~l construction. Estimated cost - $125M. People Mover System (A/To - Assisted in the developmem of a ElS for a automated iatermodial tmn~t connector awaiting Federal approval and ISTEA funding. Pre'lmainary transit station design, airside/landside alignments and profiles, curbside disruption, passenger convenience, and busing interface. Estimated cost - $30 M Phase I / $375 M Phase H. Quality Assurance Manager - Supervised four construction inspectors and construction supervisors for active Logan terminal expansion and aviation projects. Airport passenger movements, air carrier, and numerous concession must be maintained during complex construction. RECEIVED HAY 2q 20O2 CITY CLERK DANIEL, MANN, JOHNSON, & MENDENHALL. November 1989 to January 1997 Project Unit Manager and Contract & Procurement Construction Manager: Tren Urbano Mass Transit Project, San Juan, Puerto Rico - July 1995 to January 1997 Bayamon ~llignrnent Section - Negotiated procurement and optimization, including design, procurement, proposal evaluation and construction management, ora large design/build contract for two transit stations, concession areas, retail spaces and 2.4 km elevated gnideway. Contract Award - $68M. Centro Medico Alignment Sections - Negotiated procurement and optimization, including design, procurement and proposal evaluation, ora complex design/build contract for three transit stations and a 3.2 km elevated, at-grade, and retained-cut gnideway. Contract Award - $72M_ Project Design/Construction Manager: Metropolitan Washington Airports Authority, Capital Development Program, Washington, D.C. - November 1989 - July 1995 New Terminal Bridges to Metro at Washington NationaI Airport - Coordinated design, supervised and managed Cesar Pelli and Walker Parking Consultants for the design of the pedestrian bridges interface with Metro Transit (WMATA). Contract Award - $39M. M/dd/e./North Par/ring Structures - Supervised design of two structured parking facilities for Washington National Airport and coordinated with Metro Transit (WMATA). Managed design and earlyconstmction of retail spaces adjacent to and construction withinNorth TerminalMall. Contract Award - $57M. Rental Cars Qu/ck Turnaround Facil/ty - Coordinated with Rental Car Representatives and supervised the selection, negotiation, design, and direction of the architectural/angineering finn of Dewberry & Davis for the design/construction of rental car facilities at Washington National Airport. Contract Award - $21M. Americans Disabilities .4ct, ]Ttle II, Design/Implementation - Contracting Officers Technical Representative in selection, negotiation, and direction of G-reiner, Inc. for all public facilities, tenants, retail construction at Washington National and Dulles International Airports. Implementation Costs - $157M. D_vt. ge 3-Gate Addition Interim Terminal - Managed and directed Delta Airlines and its architect Milton Pate Associates. Full range of airport issues and interface with the airlines, concessions, retail vendors, constmedon and operations adjacent to active gates. Contract Award - $38M. ELLERBE BECKET, INC. Architect - March 1989 to October 1989 Leader of a convention center and hospital design teams (Children's Hospital Center, Washington Convention Center, WMATA). Designed and produced construction documents on five Washington office buildings with retail on ground floors. Designed long span convention centers. SKIl)MORE OWNINGS &MERRILI. Architect- January 1988 to March 1989 S'~ificaut role in the design of two large-scale public projects (Metro Center, David Childs, Washington, D.C.; and'Sears Franklin Center, Dean Johnson, Chicago, Illinois) and their interface with the local urban fabric and WMAT.~ THOMPSON, .VENTIR,ETr, & STAINBACK & ASSOCIATES - Consultant -1986 -1987 Worked directly vath the Project Manager ofthe Philadelphia Convenuon Center. Long span structural designs incorporating convention space and interface with existing mass transit (SEPTA) facilities. Developed designs related to _Atlanta Convention Facilities and Expansion of an existing convention center. PORTMAN, RABON. HATCH. & MeWHORTER~ ARCHITECTS -Architect - May 1986 Member of design teams (Hiltori~'Iniercontinental and Hyatt Hotels ). Experienced hotel design f~om schematics through construction. Workin~g relationships with three principals, mass transits stations with MARTA engineers, girl shop, retail shops, and hotel management. Member of design teams (Hilton Intercontinental and Hyatt Hotels). Experienced convention center design from schematic design through construction. Working relationships with three principals, mass transits stations.with MARTA engineers, gi~ shop, retail shops, and hotel management. PROFILE: COMPUTER: FoI~IGN STUDH~S: LANGUAGES: Massachusetts - License # 9840 District of C01umbia - License #5030 Commonwealth of Virginia - License #10736 State of Maryland - License # 9846- MD State of Florida - # AR 0016510 NCARB Certification # 42,428/File# 37,412 American Institute of Architects - January 1983 - Present Southern, Standard. & BOCA Building Codes - Examiner and Inspector AutoCAD2000, Intergraph, O.D.S., WordPerfect, Primavera Maryland Graduate School of Architecture Pala~o, Massimo and Roma, Italy Cultural Associations - Pension Mimosa, Pantheon, & Florence, Italy French, and Italian(Broken) May 10, 2002 · ~.Hawkearchitects.com Ms. Karen Schell, City Clerk Manager City Clerk's Depm~ent City of Delray Beach 100 NW 1' Avenue Delray Beach, Florida 32~. ~.~. Reference: Application for Advisory Board & Committees - Request for Membership or Alternate Position- City of Delray Beach - 2002 Board(s) Dear Ms. Schell: Thank yon. for your assistance in the application process of the City of Delray BeaCh Advisooj Boards and Committees. I am requesting in writing a potential position on the following City of Delray Beaches' Advisory Boards and Committees..As requested, the list of boards are arranged in order of preference. Please note, the following list: Site Plan Review & Appeanmce Board Planning & ZoninE Board Downtown Development Authority I appreciate your assistance to submit my.ame for the board(s) listed above. Th~k you for your assistance. If yon have any questions, please contact me at (561) 740 - ~. ~,~.0. Thank you in advance. Respectfully submitted, David M. Hawke, RA Hawke & Associates, Architects LLC Florida Licence # AR 0016510 cc: file, Attachments (Ground Floor Plan) 121 Heather Lane Delmy Beach, Florida 33444 RECEIVED NAY ! ,f~-2002 P. (561) 740- 444(~ITFy CLERK · (561)921- 0444 '1~ !11 I'~ CiTY OF DELRAY BEACH 'IIII: BOARD MEMBER APPLICATION 1993 2001 ~ i~,~, on flit h ~hc Ci~ Cl~'s i ~ Gc~n d~c d2~C k CITY CLERK CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 Please type Or print the following information: 1. Last Name: 2. Home Address: 3. Legal Residence: 4. Pxindpal Business Address NalTle City I State City State Zip Code - Zip Code Zip Code 5: HomePh0ne: ' Business Phone: ] E-MailAddress: I CenPhon~: I Fax: 6. Are you ~ ~e~stered voter? If so, wh~e ~e you ~e~stered? ~ 7. ~at B6ard(s) ~e 3 ou ~t~ested ~ se~g? Please hat ~ ord~ of ~ef~ence: '__ __ _ ~ 8. ~st ~ Ci~' Bo~ds on w~h you are ~enfly se~g or have Pr~iously s~ed: ~lease ~ude dates) , ::~lII 9. Educational qualifications: _ ., ............ "---~'-' ~ ,-,,I -v~ ~ ed professional certifications and licenses which you hold: appointment I may receive. Note: This application will remain on file in the City Clerk's Office for a period of ~t~:~a~[i}e it Was submitted. It will be the applicant's responsibility to ensure that a current application is on file. MAR 9 CITY CLERK March 21,2002 Samuel Resnick 2835 SW13th SWeet Delray Beach, Fl. 33445 Ph8 561.330.8419 Karin Schell City Clerk's Office City of Delray Beach 100 NW 1st Ave. Delray Beach, Fl.33444 Dear Ms. Schell As per our phone conversation of to-day, I am submitting this letLer. When I retired and moved to South Florida in 1995, I volunteered to the City of Delray Beach for any commission or committee that could use my background. Unfortunately, I was not living in the city proper and could not serve. I have recently moved to Pines of Delmy West, at the above address, which is in the city proper. I'am again requesting to be considered for any commission or committee. Enclosed please find my resume and a letter from the Mayor of Norwalk, Ct. Hoping to hear from your office. Samuel Resnick 2835 SW 13th Street Delmy Beach, FI. 33445 Ph~ 561.330.8419 Resume of Samuel Resnick 1. Education a) Graduated from City College of New York in Aug. 1949 with a Bachelor of Civil Enginnring Degree. b) Completed various courses in Building Code Administration and code analysis. Theses courses were given by Building Officials and Code Administrators, International. (BOCA) 2. Licensing a) Retired professional engineering licenses- Florida, Connecticut. New York, New Jersey, and Vermont. b) Retired registered architectural licenses- Florida, Connecticut. New York, Ma.qs., V~mont. Delaware, penn.qylvania, and the National Council Architectural Review Board. c) Certified as Chief Building Official by State of Connecticut in 1979. 3. Organizations a) Was member of State of Connecticut Codes and Stanrlards Committee from 1982 to June 1987. b) Adjunct Assistant Professor in Civil Engineering Technology at Norwalk State Technical College. c) Member of the coustmction panel of The American Arbitration Association. d) Member of the Palm Beach County Board of Education oversight committee on school construction from 1995 to 1996. a) Oct. 1991 to Mar. 1995- Consultant to the Mayor of Norwalk, Ct. See attached letter. b) August 1986 to Oct. 1991- Private practice as Architect-Engineer. c) March 1978 to August 1986- Director of Code Enforcement and Chief Building Official, d) June 1957 to March 1978- Private practice as Architect-Engineer. e) From 1939 to 1957- (excevt for two years in U.S. Navy and three gears in enginering school) worked for various architectural and en~neerin[ firmq. OFFICE OF THE'MAYOR "'~ FRANKJ~' ESPQSITO' MAYOR follo~= 'lie 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the followingillfotmafioni 2. Home Address: CiD, 3. ~ Residence: ~ State ~p ~e 4. ~dp~ Bus.ess Ad'ess: ~ S~te ~p ~e 5. Home Phone: BusNess Phone: E-~ Ad&ess: C~ Phone: F~: 6. Me ~gu a re~stered vote? If so, where ~ you re~stered? Y~ 7. ~at Bgard(s) ar{ Fou ~t~est~ ~ se~? Pl~e ~st ~ order of preface: ' . 8. ~st ~,ci~, ~%as on w~ch you are &=mdy se~g o5 have pre~ously s~ea elease ~duae date0 10. ~st my ~ehted professio~ ceffificafions ~d ~cffnses w~ you ~old: 11. Give your pzesmh or most recent mploy~, md ~fion: 12. Des~ ~efiences, s~ or ~leO~ w~ ~0 you to ~c on ~s ~: ~l~e sm~ a brief r~me) F~ ~ ~ I ,h~,~by c~,a,~ ~t ~ ~ a~ve smt~m~ ~e ~q~d I ~ ~d ~d~smd ~at ~y msa~emmt ofma~ h~ ~~s app~zn ;ay "use f°ffd=e u'n my p~ °f ~y ap'~==t I =y =dye' m~ e: pplicadon 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 cu{~ ~rll~Ali~:lff~n file. HAR 3 'I 2003 iMY name is Glenn M Schuster, I am applying for a position for the city board membership moved to Delra~/Beach in 1993, so,far it has bcc,'3 the most difficult decisions I have had to make, At the time I was working as a New York City Fire Inspector onthe lower east and west sides in the city and as far north as 37th st. I have a extensive background in the foll. o.wing areas. Arson investigation,effective company command,high rise/Fire and life ~smety, Fla.mmable Hazardous Materials, Building Construction for the Fire Sen/ice, Fire ~u. ppress~on and detection systems,Principles of Fire Protection Chemistry; i happened to hate that one. I have never w~ii.[en my text book education on any job application in Florida. F I~ Nha.~ t~..e, nty years in the fire protection sector all documentable. The system n the . . . is different I was a New York City E.MT, I was trained in all aspects of Fire Figh~.'ng..Du~_ to in. jufi_es playing hockey for the Fire house and the wear a tear of fire heavy smoK.e. ?c..~_,n? ~-~.r.e.u.ep~. rtr~..ent promoted to represent the department in criminal and civil court litigation s I did th~s for five years and all my elevations were either outstanding,very .g~or good. · I am looking for something to do with the second half of my life and applied for over 70 joos, some were civil service some were private sector My health problems did not effect me but they effective my potential employers am in good shape have worked out for tw.e.n.~ yea...rs a..r~l, have started .agal.n. I am a true professio.,nal, lam used to speaking in public ano ree~ if given an opp~umity you will be happy with my oroad experiences. This is the only time I have written a note to attach to my application but I need something to do with my time and waiting for the dreaded day one of my parents doesnl wake up. This is a real letter and I have all the documents to support the 1st and 2nd paragraphs. Glenn M Schuster ~$61 499 0561 ~ 2/20/00 (~) 18:4~ 1/2 Glenn M Schuster 4585 A N.W. 3rd Street Delray Beach, Florida 33445 (561.~ 99-0561) · ~ummmy of Qualificaticm: Dedicat~l profeaslo~al ~ ~ yom ~e. ~ ~le~e of~ New Y~ Ci~ ~ ~ F~ ~ ~, ~ I ~ve ~n ~ FI~ F~ ~ and ~ ~s. T~ ~l~e of ~ ~ ~ ~ ~ ~tt~ ~o~ ~, c~ o~a~ ~n. ~c~, ~ ~ ~ys. ~~ ~ TORY ~ ~ m~ ~ ~d ~ ~ feet of US ~, ~ s~. ~d w~o~ 11~1-I 1~ New Y~ Ci~ F~ ~ ~ y~ y~ ~cfi~ ~ ~v~6~ ~h ~fi~l ~ New y ~m~ ~d vi~nfi~ ~ wh~ n~. Bv~ ~ ~ ~p~ ~ ~ New n~ble ~ ~ ~e~e ~. Rec~m~ ~li~ ~d ~t ~e f~ " ~p~ce. N~ Y~Ci~ F~ ~N~ Y~New Y~ R~ Licit , ~ ..... u~ ~t~ement ~; 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION pb-~le t~e or print the follow~ information: · . . -.t ~ 5. Home Phone: B~s Phone: ~M~ Ad&ess: ~ Phone: F~: 7. ~at ~e you ~t~es~ed ~ s~ P~se ~st ~ ~ or.efface: 8. ~st ~ ~' B~ ~ ~ch y0b ~e ~dy s~g ~ h~ve pr~ously ~ed: ~l~e ~clude ~t~) ~. ~u~o~ qu~fi~fion*: 10. ~t ~ ~te~ profe~ho~ e~fiom ~d ~ ~ch you hold: ].~.~ ~t ~ ~e ~e s~ ~ ~ ~d I ~ ~d ~d~d ~at ~y ~t of~t~ ~ CITY CLERK STANLEY L WARSHAW, Sc.D. 555 SE Sixth Avenue (5B) Delray Beach FL 33483-5250 Tel: (561) 243-8740 Fax: 508-256-6594 E-mail: s.warshaw@~ttt.net _~__CONSULTANT: Expert on product standards, testing, certification and quality management practices in international trade. EDUCATION: Advanced Management Program, Harvard Business School Doctor of Science, Massachusetts Institute of Technology Bachelor of Engineering, Georgia Institute of Technology B~CKGROUND: Office of the Director of Technology Services, National Institute of Standards and Technology, U.~. Department of Commerce, Gnithersburg MD 20899 Senior Policy Advisor for Standards and Technology (1996 - 1999) Designed and directed thc development of the Institute's Strategic Plan for all International Related Activities, including those in direct support of trade maters, such as standards and conformance measures, as well as cooperative research and development efforts and the development of standard reference materials and data. Developed bilateral standards and conformity assessment dialogues with several ASEAN nations and China. Served as a Member of the Executive Committee of the United States National Committee to the International Electrotechnical Commission, the U.S. member body to this international organi?ation. Off.ge of the Assistant Secretary for International Economic Policy, International Trade Administration, U.S. Department of Commerce, Washington D.C. 20230 Senior Policy Advisor for, Standards and Technology (1994 - 1996) Coordinated standards policy related activities of the Department leading to the harmonization of standards globally and the mutual recognition of conformity assessment measures. Designed and implemented bilateral standards negotiating activities with Russia and the Newly Independent States,~ Latin America nations, ASEAN nations. Lead efforts to assist several nations in their accession to the World Trade Organization relative to the Agreement on Technical Barriers to Trade; e.g., China, Ukraine, Chile, etc. Provided technical assistance on standards and conformity assessment negotiations led by the U.S. Office of Trade Representative B. ~. Warshaw ~ge 2 of ? with the European Union and NAFTA member countries. Directed the development of the standards aspects of the President's National Export Strategy. Served as a Member of Underwriters Laboratories (since 1982), a Member of the United States National Committee Executive Committee to the International Electroteclmical Commission (1987-2000). ~xNational Institute of Standards and Technology ~C~ithersburg, Maryland 20899 F rmulated and dtrected standards, cemficat~un, legal metwlogy and " .: _ ._.,.~labomtory accreditation projects. Represented U.S. interests in related intemational -~rganizations, such as the International Elec~oteclmical Commission,-the __. .International Laboratory Aecreditation .Conference, and the United Nations Economic Commission for Europe and the Organization for International Legal Metrology. Associate Director (1987 - 1990) and Director, Office of Product Standards Policy (1981 - 1986) Formulated and directed standards, certification, legal metrology and laboratory accreditation projects. Administered the development of federal agency policy relative to government use of comparable private sector programs. Represented U.S. int~i~ests in related international treaty orga~i?mions, such as the United Nations and the Orga~iTation for International Legal Metrology. Director, Center for Consumer Product Technolo~,y ( 1975 - 1981) Designed and implemented programs in research and engineering for assessing consumer product performance and safety attributes in support of government regulatory agencies and industry. Responsible for developing resource requirements from public and private sector interests. American Standard, Inc. (1964-1975) P.O. Box 2003 New Brunswick, New Jersey 08903 ,Oeneral Manager, Development and ~nolneerlnc* Responsible for all product and process development and engineering activities of the corporation beth within the US, and internationally (AKA as Ideal ~Standard) in building products; including air conditioning and heating, sanitary ware, plumbing fittings, etc. Raytheon Company (1961 - 1964) 28 Seyon Street Waltham, Massachusetts 02154 Senior Research Scientist 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please tl~ or ptiat the follo~ 1. L~st Name~ ~ ..... 2. Home Address: / /..r State Zip Code c ~ 4. ~p~ Bu~ess Ad.ess: ~ S~te 5. Home ~onc: Bu~ess Phon~ ~ ~ss: ~ Phone: F~: 6. ~c ~u a ~stered vo~? %ff~ X If so, ~ ~ ~u 11. Give your pre~en~ or most ~mt.~plo~ ~d ~om JUN 3 0 2003 CITY CLERK MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # - REGULAR MEETING OF JANUARY 6, 2004 APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL DATE: JANUARY 2, 2004 On September 9, 2003, Ordinance 27~03 establishing the Neighborhood Advisory Council for the purpose to help maintain broad-based community involvement with the residents, create neighborhood outreach initiatives, enhance communication, improve the aesthetics of the neighborhoods and identify any potential threats to the stability of the neighborhoods was passed and adopted. The Neighborhood Advisory Council shall consist of fifteen (15) members and two (2) student members. Twelve (12) members shall be residents with two (2) residents selected from each of the six neighborhood zones, and three (3) at large representatives, which may be selected from a community civic organization or business owner located within a neighborhood zone interested in the enhancement of its surrounding neighborhoods. Mr. George Braverman has forwarded his resignation due to medical reasons creating a vacancy for an unexpired term ending October 31, 2005 for Zone One. The following individuals from Zone One have submitted applications for consideration: Applicant Occupation Subdivision Frances Chassen Alice Finst Hansford Higginbotham Jayne King William Milner Scott Zubek NA High Point #7 NA Chatelaine Management Consultant Lake Forest South Teacher Chatelaine Field Representative (US Census Bureau) Chatelaine City Planner Waters Edge (City Employee) A check for code violations and/or municipal liens was conducted. None were found with the exception of Hansford Higginbotham who is currently behind in his water utility payments and has had consistently late payments. Voter registration verification was done and all are registered. Based on the rotation system, the appointment will be made by Commissioner Levinson (Seat #3). Recommend appointment of one (1) member to the Neighborhood Advisory Council for an unexpired term ending October 31, 2005 for Zone One. Write an e-mail message · TuesOy, Decen,~er 9, 2003 8:47:a0 AM - Page 1 or ! WebTV Networks mail Write an e-mail message From: bravol4@webtv.net. () ================================================================================================= To: Janet Meeks Subject: Neighborhood Council Dear Ms. Meeks It is an honot to have been appointed to the Neighborhood Council. I had looked forward to serving. Unfortunately, I have just had some serious surgery and my doctors tell me that it will be a number of months, with frequent interruptions for treatment before I can start to feel human again. Therefore, it would be advisable at this time to appoint another person to the Advisory Council, and perhaps I might be able to come back at another time. yours, I~l ~y l~ach, FL 33445 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION submit'~..cl. It will be the applicant's ~he date it was al~licatlon is on ~le. SEP 1 2 2083 /~_/~ /~ CITY CLERK CITY OF DELRAY BEACH BOARD MEMBER APPLICATION REGEIYED SEP 26 2003 CiTY GLEFIK Resume' Alice Finst 707 Place Tavant Delray Beach, 33445 Application for Neighborhood Advisory Council # 12 Describe experiences skills or knowledge which qualify you to serve on this bear& Listed below are some of my civic experiences since moving to Delray Beach in 1971. Please note that dates are approximate and may extend several years. Memberships Homeowners' League of Chatelaine 1970's to present Chairman Architectural Control Committee, Editor, "The Chatterlines" Member Board of Directors, City Commission observer for Homeowners League Progressive Residents of Delray Beach Board of Directors, SPRAB monitor Delray Beach President Council, Pride in Neighborhood Committee Mounts Botanical Garden League of Women Voters of South Palm Beach County since 1975, Delray Beach Good Government Conunittee Lobbying Activities Acquisition of land for Barwick Park, (also served on play ground committee). Land acquisition for Fire Station at Barwick and Lake Ida Roads Sidewalks on Barwick Road Fencing at Veterans' Park Playground Bright Park Service on City Boards and City Related Committees Pineapple Grove Pre Main Street 1993-1995 Beautification Committee Community Appearance Board 1985 Hi,toric Preservation Board 1987 Education Board 1990 NorthWest/SouthWest Neighborhood 2002- Sidewalk/Beautification Committee Cultural Loop Walking Committee visited 80 sites June 2003/History Committee School Advisory Committees A.D. Henderson 1986-1996 S.D. Spady 1978-80, 1999-present Atlantic High School 1987-present Other City Commission Watcher since 1979 1993 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ple~e type or print the followin~ infotmatiom 3. Legal Residence: City State Zip Code 4.. Principal Business Address: ~City 5. Home Phone: Business Phone: E-Mail Address: Cell Phone~ Fax: 6. *,e.you ev,te,e ,o=? q e5 7. What Board(s) are you interested in ~erving? Ple~e li~t in ord~ o~oteference: i~ 8. Li~t all City Boards on which you are currently serving or have previously served: (Please include dams) 9. Educado,._nal qualificatigns: 10~.List an5; relatedproJ~essionaJ qertificafigm and licenses which you hold: , ! 11. ~e yg.?r present, or mo~t recent employer, and Lnl~e-~dSy-~ e the above statemen=.ar¢ true, and !agree and tmdet~.tand that any nms~ent of material facts )~y~7_~ a~.LP=li[°bma~a=e f°ffeitm'e up°n mY part ° f any app°mtment I may receive- p[ n on file in the City Clerk's Office for a period of 2 years from the date it wa~ ' ~ SEP ~.:3 2003 HANSFORD N. HIGGINBOTHAM 920 SUNFLOWER AVENUE (561) DELRAY BEACH, FL 3~145 CORPORATE FINANCE & INVESTMENT MANAGEMENT EXECUTIVE 1990-Present Independent consultant to private and public companies, advising on matters including capital structure, debt and equity financing, mana~oement dynamics, mergers and acquisitions, strategic planning and marketing. Record of achievement introducing new concepts and services to clients, turning money-losers into money-makers and capital creation approxim~ing $70 million, Concurrently have held coutsactual relationships with NASD/NYSE member firms for providing securities brokerage and financial planning services for my individual and business investment clients. Member firms include Old Dominion Securities, Questar Capital, Round Hill Securities, Northeast Securities and J.W. Genesis. Client assets under management have exceeded $36 million. ACTRADE CAPITAL, INC. Regional Manager 2000-2001 Responsible for management and sales growth of this public, international company's Southern Region. I was credited with building the Region's annual sales volume to over $23 million prior to the Company's decision to consolidate its operations and close this office. PIONEER PRODUCTS 198S-1990 ' M~rimfiag Manager ' ' Assumed marketing and P & L responsibility for the 150+ consumer and institutional -products of this General Mills manufacturer. Credited with the creation and introduc- tion of five new brands (11 sku's) during an aggressive line expansion. My efforts contributed to two years of record company revenues achieved within profit guidelines. EXECUNET COMPANIES 1984-1988 Partner/General Manager Created and developed unique enterprises providing consumer and business services through these successful companies: Execunet, Home Office and Memorybanc Inventory. HANSFORD N. HIGGINBOTHAM, Page 2 DEL MONTEfR.J. REYNOLDS FOODS 1980-1984 Region Manager and Division Manager ultimately responsible for $50 million in annual sales of a 500+ item product line through direct and food broker sales forces. Wrote and implemented operating budgets which included personnel, op¢,ai~ons, local advertising and marketing trade shows and trade promotion. Managed the regional merger of RJR Foods with Del Monte. PROCTER & GAMBLE 197~-1980 District Field Representative and Unit Manager in tho food products division_ Managed sales of up to $I5 million through direct representatives and account managers. Recognized as my district's Top Unit Manager in 1977 and 1979. ~Consistently ranked among the company's top managers in introducing new items and brands. Developed successful college recruitinG programs at South Carolina, Clemson and Furm~i, Universities. MI~,I~t,RH.L LYNCH, PIERCE, FENNER & SMITH 1970-1973 A~eount l~,x~utive Sold inve~i~uent securities including equities, fixed income, options, mutual funds and commodities. Branch office leader in opening new accounts. EDUCATION/CERTIFICATION B.A., Liberal ARs, UNIVERSITY OF TENNESSEE, Knoxville, Tennessee Series 7, General Securities License Series 63, Uniform Securities/~4gent State License 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION PP 'il] ~ms'm °~ ~e in the Chi Imr~ flora ~he ds~- h wss CITY CLERK f ~ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 submincd. It 3mTLI bc thc sl~licsflt s n~:xmsfl~iliry ~o ensure dl~t ~t~"~ ~:)~catlon is off SEP 0 ~ 2003 ' - ' -- " CITY CLERK Bill Milner 3400 Place Valencay Delray Beach, FL 33445 561-637-8896 2001 -Present 1999-Present 1996-1999 Professional History US Census Bureau- Field Representative Pre-Paid Legal Services, Inc. - Independent Associate Mustapha's Wadi Catering Services- Co-Owner Education B.A. Interdisciplinary Social Sciences, USF, Tampa, FL I can make a meaningful contribution to the NeighborhoOd AdviSOry Board for the following reasons: · I understand the nccd for and the mechanics of building consensus · Ability to work effectively with people from all backgrounds · Aware of the interests and concerns of our business community · Conscious of the limitations and the possibilities of public policy · Empathetic to the challenges to homeowners of modest means · I know what makes a community attractive to outsiders and welcoming and comfortable for its residents BOARD MEMBER APPLICATION / 1993 2001 Please type or print the following in formation: ~ 2. Home Address: State Zip Code 3. ~ Residence: Ci~ ~ State Zp ~de 4. Pr~d~ Bus'ess Address: Ciw S~te Zip ~de 5: Home Phone: B~ess Phone: ~ Address: ~ll Phone: F~: 6. ~e yon a re~stered mter~ y~ if s6, ~e~ ~e you re~ster~ 7. ~at ~0) ~e you ~terested ~ se~ Plebe ~t k o~er of pref~n~ 8. L~t ~W ~ds on whi~ you a~ ~fly se~g or have p~ously se~d: ~le~e ~clude dates) 10. L~t my ~ ated pro&sston~ cemficauons ~d hcenffes ~tch you hold: 11. 'Give your presmt, or most recmt employer, md ~s(fion: 1~ D~ ~dences,. ' or ~owkd~ Wh~ qu~ you m se~ on ~ ~d: ~le~e amch a brief resme) ~n~ed ~ ~ app~c~on may cause foffdmre upon my p~ of~y ~po~t I may recdve. SIGNA~ Note: This application will remam 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~[~r~p[iga~ on file. OCT nna CITY .CLERK MEMORANDUM TO:. FROM~ SUBJECT: DATE: MAYOR AND CITY GOMMISSIONERS CITY MANAGER ~ AGENDA ITEM # C~ ~]" - RE GUId~ MEETING OF JANUARY 6, 2004 APPOINTMENT TO THE BOARD OF ADJUSTMENT JANUARY 2, 2004 Mr. Jay Little will be removed from the Board of Adjustment due to the absence of three consecutive meetings. This creates a vacancy for an unexphed term ending August 31, 2004. Mr. Mel Polhck and Mr. David Redelheim are both altemate members and would like to be considered for a regular member. Both of these members have been contacted to attend the last two meetings and have not been able to do so. To q,,~!ify for appointment, a person shall be either a resident of or own property in the city, and/or own a business within the city. The following have submitted applicatiom for consideration: John Bennett William Branning Janine Dabney-Batfle lVlaura Dersh Pearl Bunny Markfield Elrod Sigurdur Hardester Ilene Haym Clifton Miller Mel Pollack David Redelhelm Har~ey Starin Charles Walker (currently on Board of Construction Appeals) (currently an alternate) (currently an alternate) A check for code viohtiom and/or municipal liens was conducted. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner McCarthy, (Seat # 4). Recommend appointment of one (1) regular member to the Board of Adjustment for an unexpired term ending August 31, 2004. CITY BEACH submkxed. It ~ bethc ~f;le. OCT. 1 2003 ~ITY CLERK Jom~ C. W. BEm~E~ 137 SEAB~ AVE~ l)~.~,Y BF_ACat, FL 33483-7017 COMMUNITY ACTIVITIES: Beach Property Owners' Association (Trustee 1999-present; Vice President 2001,2002) Progressive Residents of Delray (PROD)(Director 1999-present; Vice President 2000; President 2001-02 E.P.O.C.H. (Director since 2002) Chamber of Commerce (Member, Local Government Issues Committee) School Advisory Committee, Atlantic Community High School (member 1999-2003; Bylaws Committee Chair 2002-03) PROFESSIONAL EXPERIENCE: 1995-present, retired attorney (U.S. Navy Judge Advocate) 1974-1995, naval officer with a variety of assignments involving law and policy 1973-1974, law clerk to the Honorable Paul H. Roney, then of the U.S. Court of Appeals for the Fifth (now Eleventh) Circuit in St. Petersburg, FL EDUCATION: LL.M., Law & Marine Affairs: University of Washington 1981 J.D.: Georgetown University Law Center (Editor, Law Journal), 1973 B.A. Economics (with High Honors): Swarthmore College, 1970 Continuing: Leadership Delray Beach 2002 ,PROFESSIONAL AFFILIATIONS: District of Columbia Bar (Inactive) American Bar Association American Society of International Law ,SPECIAL 0UALIFICATIONS FOR SPECIFIC BOARDS NEIGHBORHOOD ADVISORY COUNCIL: · Active for past several years in the affairs of my neighborhood association (Beach Property Owners' Association) Active for past several years in broader issues of concern to neighborhoods throughout the City thrOugh membership on Board of Progressive Residents of Delray (PROD) · Aware of concerns of business community tl~_ough service on Local Government Issues Committee of the Greater Delray Beach Chamber of Commerce BOARD OF AD[USTMENT& NUISANCE ABATEMENT BOARD: Extensive experience during my Navy career with applying regulations to specific cases. Thorough familiarity with due process requirements for imposition of criminal and civil sanctions: developed while representing criminal accuseds and administrative respondents, prosecuting on behalf of the Government, and advising adjudicatory authorities. · Adjudicated innocence or guilt and determined appropriate penalties in a number of minor criminal cases. CITY OF DELRAY BEACH BOARD .MEMBER APPLICATION 5. H~c Phone: ,,Tom: T'hie aFplic*doo ~ ~ 0n ~.le in the C.~ tick's Oi~c~ for a pedocl of 2 ~ submit'ted. It ~II be ~e applican['a ~x,='~,'sr~ m = at .FiEG~E D~,~~,,,~t '~o, i~ cm ~c. DEC 1 8 2003 CITY CLERK IB-Dec-OZ 11:~? From- T-403 1 993 200', CITY OF DELRAY BEACH BOARD MEMBER APPLICATION P.OZ/OZ F-S8L . / /,..t Z Home Address: G~ ~ . S~ ~p Code 3. ~ R~de~e: ' ~ S~ Zip Code 4. Pnaap~ Bu~s Add~s: G~ ~ ~p Code 5. Home Phone: B~e~s Phonrr E-~ Ad.cas: C~ Phone: F~: 6 ~e you a ~e~st~ed vo~x? ~ % If so, wh~e ~e you 7. ~at ~oazd(s) ~e you ~es~d m ~g? PIc~c ~c ~ ord~ 8- ~st aU ~ ~ds on ~ch you ~e C~fly ~e~ or h~ve p~o~fly s~ ~se ~dude d~te0 10. ~st ~y r~d prof~do~ cccdficauons ~nd hccmes w~ you hol& 11. Give yo~ pres~q ox mos~ tec~t ~ploy~, ~d I hereby ce~ ~c ~ ~ ~bove st~tcmen~ ~e ~. a~ I a~ee ~d ~s~nd ~at uponmy p~ aery appo~t I / No~-: Th~s application ~ remain on file i~ the City ~'s Office foe · p~od of 2 7~s ~m ~e d~:c sub~& It ~ be ~c ap~can~s ~cspo~ ~ ~re ~t a c~t zv~a~onis on fie. RECEIVED .~.~.~...... DEC 1 Z 2002 CITY CLERK Dabn . Battle 239 ~ A~atte_, ~ Beret, FL $z~44 {'0 $61-44I'2~ (0} $t51-272-6500 Professional LicensedMortg~g~ Breaker. Natiomr WhoM~e Lending Group: 2001 - pre.~,nt A top producing loan officer. Re~onsible for finding financing for ~sidential and commercial prope~ies based on the review of credit and income criteria. Affluent il} the c~dit criteria for correspondems on the secot~dary market, as well aa. tM B and govemm~ paper Lenders. Licensed Realtor. Homes Realty: 2002 - Pr~sem Recruit. train and manage residential a~l commen:ial real estate sales a~:iates. £icensed Mortgog~ Broker. The/lddison Mortgag~ Group: 1999 - 20Ol Top producing Senior Loan Officer. Loan files included residential conforming, non-conforming. VA. FHA and commercial. Specialist in hotel/motel, large apartment and commercial mixed use. Licensed Real Estate ,Sales A.~ocicae. Dnrante Realty: 1999 - 2002 Top produc'mg sales associate for Greater Palm Beach County area. Over $2 Million in sales per year. Executive g ~ce PresMent Operations. World M~ Corporation: 1998- 1999 Recruited to develop World as a wholesale sub prime Lender. Duties included but not lirn~l to management of loan opelfing, processing, underwriting, dosing and post closing departments. P. espom~ble for the pricing and sale of"bulk" loan sales_ Authorized to employ all qualified personnel for the Compazry. t"ice President Sub Prime Lending DivL¢iort. Bankers Ditect Mo, lt;ug,~ Corporation: 1996- 1998 Respons?ole for the supervision of the sub prime lending division. Duties included the supervision of underwriting, loan proces,~g, loan closi~ and post<losing depmhue~ts. Unde~wrzting $~o'~q$or. National Lending Centwr: 1993 - 1996 Re~on~ble ~r ~ ~d ~g a ~of~ Und~. Su~i~ ~e u~tJ~ ofN~<o~o~ ~) loans, ~a~t,~ic~o~ ~ ~e ~ ~c~ ~ ~ broke. Act~ ~ z liaison ~ ~d-L~ ~d 5~or M~t. * Mortgage Training and Placement · Landlord/Property M~ger Century 21 Real Team Realty Il, Key Biscayne Edaca~n: Dnal Major. BSBA in Finance and Real Estct~e. Ohio Sad~ University: 1989 College Preparatca~y. Western Reserve Academ. ': 1985 Conmmatzy la veme - · Former Board Member City olD.ay B_~_ch $.P.R_A_B · Former alternate member City of Deiray Beach Boant of Adjustmem · Member. Delray Beach Youth Athletic Association ~ · Member. Delray Beach Chamber of'Commet~ · Member. Florida .~ss~:iafion of Mortgage Brokers · Member. National Association of Realtors * Member. Boca Raton Chamber of Commerce · Me~ber. Roots Festival Golf Classic Organizatio~aJ Committee · Member, Boymon Beach Chamber of Commerce · Member. Commer~-ial Real Estate Women · Member. Morikami Park Elementary PTA · Memb~. Carver Middle PTS^ Weatherspoon Connection, self serve car wash · Como Apartments. 24 unit almrtment building J~.grrlill villa. 28 unit beachfiont motel · Reflexions Rest~rara · M~jor strip pl~ in Deb'ay Beach · Multi-residc'ntial u~its · Ocean-from Condominium pe.thouse units DELI~,Y 1 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please offpe or p,-i~t t,he foUox~i il'~o~don: N~a K I,~ 2. Home Add~-ss:., ~.l~l_~j! CiBr S~ 3. ~ Re~de~c~: ~ S~ ~P I 4. P~dp~ Bu~s Ad.ss: O~ S~te ~p ~de 5. Home Phone: Bu~ness Phon~ ~ Address: C~ Phon~ ~ F~: 6. ~e you a re~stered voter? ~ If so, wh~c ~e you re~s~ered? ~ 7. ~t Bo~d(s) ~e you ~ter~ted ~ se~g? Plea~ fist ~ order of pref~c~ ' 8_ ~st ~ ~ Boards on ~ch )~u ~ cu~cndy ~g or have peemously s~ed: ~l~se mdude dat~] 10. ~st ~y rdated p~fessionfl ce~flcafio~ ~d Ecenses wM~ ~u hold: 11. Give yo~ pxcscn~ or most recent employer, md poddom ~ ~ ~m) 12. D~cfihc experiences, s~ or ~1~ w~ch ~ you ~ se~ on ~ ~ard: ~eg~ atm~ · brief Note: This applJcanon ,~ remain on me In ~e City Clexk'~ NOV 2 i 2003 PROI~$SIONAL EXPERIENCe: Dive~e erperience in all azpects of Design ~nd Project w~m..~emem, from initial program ~-view ~ 2001- Present, Robert G Cur~e Partner~hlp, Delray Bcacl~ Florida Respond'hie for alt aspects of pm. kct. · Site nn<l building ~gn ~n~ epl~c~blc ~ ~ · Co-ordJna~on ~iLIt ctict~, co~'~,l~m~ ~ · Production ofcz~ttact documem~ ami · Cofl~'oction Projects: SL Andrews Co~mt~ Club. Onvall Place Conalmlummns, 'v~Ha~e (3made Condittdunmro$. b/fiami Fire S~ation #2, De~'ay Playi~ot~-,-C~dldren~ Theatre June 1~)8- January 2001 ~ THOMAS I'OPL PA., Key We~, Hod/la Project Atchit~t Pro~: Hyatt Kcy Wester, 620 Somlm~d Slxe~ Bq~nn Residence Truman Atm~x. lt~ndriC~c Residence 901 Flagior, Woods l~sidexlce, Powell Point Bnhm~s. Radi~on Hotel Sepmmbcr 1997-t~ay 199~- WYLAND ART GALLERY. Key West Florida An Consultan~/$ale~on Az,sist~d .manager with Iraining October 1995-ADril 1997- T.I~. CLAIBORNE Inc., New Yodc City. Hew Yot~k Senior I~ojo~ D~i~ner/Man~w Corporate Re~o~q'bilfly f~t nil office, showroom~ & special projeci~ Ocml~r 1991-S~p~'mb~ 1995- LIZ CLAIBORNE I~c., Ncw Yo~k City. Nc~ York lh~spons~le for New York City and Regional office, showrooms, offices & g~cial projects Helpe~ to ~opc~ d~paran~nt O~t,,'d dza~ing aandards and ties using Autocad Pt~,~at~tiom New York Show.ores ~d oitices for ~rdh/er, Crazy Hors~, D~es and Collec~on Studio April 19~$-S~ptember 1991- De,griefs gore lL, d., Hew Yodc City. New York May l~4-March 19~5- Me~k!t & Z~ckeman. Verona, N~w lev~'y l~m¢ 1983-b4~. 19~4- JS R~mdoiph Associates. Hack~ New Jot~y Education: New Jersey School of Axddtecmre (~ NCE, Ncwarl% New Jetty 19~-Bachelor of Architectu~ Cet~es for RCS Build/ag Code l~lx~or- l&2 Family dwellix~s Sub-code Official- l&2 Fnmily Dwellings New york Buildi~ Code Compliano~ ADA Compliancc Ed 1,1E~$:8~ £~ Pa ','~oN P'8t8 £~. I~ : 'ON BIqOHd dlHSS-~ilb'Ek:I 318al]3~ '9 J_8-dS08 : 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION , 3. ~ Re~dcn~: ~ 4. ~p~u~css g. ~st ~ ~q' Bo~ds on ~'~ch ~u ~ ~, ~ m h~ p,~.;~ ~: ~c ~dudc ~tes) lO. ~st ~y ~ied pmfes~o~ c~fi~s ~ hc~es ~ you sm~O JUL 2 ~ 2003 Submined. It will be cbc. current ~u~olic~fion is Sc. on 1993 2001 ~'ITY OF DELRAY BEACH -BOARD.MEMBER APPLICATION type o~ print ~e following information: 2. Hom~ Address: ' . 3. Legal Residenc~ City State .Zip Code ~ S ~-~E- 4. Principal Business Address: City State Zip Code 5. tqom~ Phone: - Bxtsinerss Phone: E-M~u] Address: ,~ Cell Phon~. Fa~ 6. ~e y~u a registered voter? If s% xvhere ~e you registered? ?..What Boatd(s) are ~ou interested in serving? Please list in o~dct of p~e£erence: ~ ' ~. Li~t all City ~l~rards c~ which you ate currendy serving or have previously served: (Please include date~) t0.' List m~y tehted l~ofe~ionat certifications and tiomses wlfich you hold: 12. Describe cq)~enees, skills o~ kno~,?l,:~tge '~?nich qualif7 you to serve on this board: ?lease at~aeh a brief resume) I heseby eetlffy that all ~he above statements are mae, and I agree and ~ that any misstatement of m o-~hl facts ~ i~ this application may cause forfein ~e upon my part of anyzppoimment I may receive. Not~ This application ~ remain on file in the City Clcrk's Office for a period of 2 years from the date it was AU6 i ~ Z003 CITY CLERK au ~ --~J.-u._-~ u.J.: ~...~-' maJa~n 561--881-1404 P.02 ~993 ~001 'CITY OF DELRAY BEACH BOARD MEMBER APPLICATION in~rm~On: ' 4. Pfincip~ Business Addtess: Ci~ S~tc Zip O ~ 5. Home Phon~< BuMn~as Phone: E M~ A~s: C~ Phone: Fax: 6. Are you a re~stered vote? .~v ~ .~'~ ~ ~'~,.~ ql ~ z. 8. Mst ~ ~ ~ards on w~ch you ~c cu~tly ~ dr ha~ prm'io~4y ~¢cd: (PIc~ indudc darc4 9 I Lducafi,Ja~ ~ qua~ficadoa~: lo. list ~ny rcl~r.~d pr,,fcsdon¢ cc~fic~ms md ~c~scs ~ch you hold: ') . 11. Gix,c v(~ur prcscnL or most ~cnt ~plo~. ~d ~4don % ........... . I c(mnfincd in ~is applieafi, ,n ma)' ~Musc ~r&i,urc ul~l my ~ of any ~p~in~( nr I m y rccci¢c. s~c~xn~ ......... bi,,te: 'l'hJs ~pplicarion ~ill remain on file in thc C. it3, Clerk's Of'lice for a period of 2 years trom thc date it was ~ubmlt~ed. Il' ~,ill bc thc applicant's rear~nsihility to ensure that a current application is on file. ,/~/~ 1/'~ a E C EI"~"~"~ JUL 3-1 2003 CITY CLERK 'rlene B. Haym 200 Mac Farkme'Drive, # 604 belray Beach, Florida 33483-68§! Phone: [561.] 266-997§; Fax: [§61.] 266-9~76; Cell: [§61] 870°6706 E-mall: ihavm~adelphia.net EDUCATION H.L$., School of Communication, Znformation & I. ib~ry Studies, Rutgers, the State University of New .lersey, New Brunswick, N.1, Z992. · Znternshio: .lenkJns Hemorial Law Library~ Philadelphia, PA. 3.D., Washington College of Law, The American University, Washington, DC, ~972. · Associate Editor, A~EP, ZCAN UNZVERSTP( L~W P~WEW. · Publishing Credits: ~7w7 R/~/~ Remora~ Under 2~ L/.~.C. 1,~/$~1): One Hundred ¥~ars of Z~7/~, 2! A~.U.LREv. 375 (Z972). · Exchange Student, Exeter, England, Z97~. B.A., Dougiass College, Rutgers, the State University, New Brunswick, N], Z968. EXPERIENCE V=~ ~:~ANS ~T/ON ~4EDXCAL CENTER. WEst PALH BE~c:., 1. Medical Affiliations Coordinator 2001 - 2002 Duties: Develop, Implement, ~oordlnate and evaluate the Medical Affiliations program for the West Palm Beach VA Medical Center; serve as liaison to the Off'~e of Academic Affairs [OAA] for medical affiliation activities; accountable for the budget line and all related reports and surveys; serve as liaison to affiliated medical schools regarding medical student and medical residency procedural issues; develop policies and procedures regarding medical affiliaUon activities, medical resident and student supervLsion; establish proc=sses for resident and medical student rotations, processing and orientation; develop position descripUons for residents and medical students; collaborate with physidan preceptors to design educational activities to support the programs; maintain competency evaluaUon records of medical students and residents and conduct evalnaUons of residency and medical student experiences; prepare the medical center for site accreditation as a training fadlity; coordinate meetings of the Residency Review Committee and reports to the medical staff on Medical School Affiliation activlUes. 2.ConUnulng Iqedical EducaUon Coordinator 1999 - 2000 Duties: Program Coordinator for Professional ConUnuing Medical Education [CML=]. Responsible for the implementation, coordination and evalnaUon of all Ivledlcal Center CME for physicians and the management of conUnulng educaUon contact hour records for other professional disciplines. Develop activiUes that meet the requirements of the Florida Medical AssociaUon and other licensing boards. Maintain certification as a continuing medical education provider; administer the CHE Committee budget; oversee the Tumor Board and Morbidity & Mortality series; coordinate with the WSN ]oint Sponsorship CHE Coordinator. · {~: serve as librarian In the absence of the chief librarian; teach courses, including 1nternet, ]ntranet and the searching of library research databases. Serve as a member of the education training staff, t~aching courses as necessa~/ to support organizational efforts. Hurricane/Emergency Preparedness te~I~cF_.iVED JUL n 2003 CITY CLERK :3.Medical and General Reference Librarian 1997 - 1999 Duties: Database searching, Including all modules of the library on-line catalog, MEDLINE, C[NAHI., HealthStar, PsychLiT, DOCL[NE, SERLINE, CATLINE, AVLINE, VALNET and the World-Wide-Web/Zntemet. Prepare newsletters highlighting library services and materials and prepare brochures to facilitate the searching of on-line and CD-ROM products. Oversee library assistants in the performance of their duties and coordinate with other members of the Employee Education Service staff. Provide information upon request to all hospital staff on a variety of subjects; manage the flow of information regarding such topics as Evidence-Based Health Care, Weight Hanagement, Smoking Cessation, Quality Assurance and Patient Health Education. Assist the Chief Ubrarian with collection development for the I~.-=dicel and Patient Health Ubrades; prepare updates and reports; copy cataloging. W~DENER UNIVERSitY SCHOOL OF LAW I yRS._n.y. Wt-LN~iGTON, DELAWARF 1.Head of Public Services 1994 - 1996 Duties: Oversee the Public Services (Reference, Circulation, Inter-library Loan) component of the Ubrary, Delaware Campus. Assess, evaluate, modify polities and procedures; promote access to the collection by developing brochures, pathfinders, bibliographies and cooducting tours; represent the division throughout the library, law school, paralegal training center and legal community; supervise and evaluate two full- Ume and three part-time ].D. librarians, three full-Ume non-,I.D, librarians, four and one- half support staff and over 20 student workers; hold monthly departmental and weekly reference meetings; attend full staff meetings; prepare annual reports; provide reference service for patrons; give in-dass and individual Instruction in the searching of the on-line catalog, various CD-ROH products, the Intemet and on-line services. Reference / Computer Assisted Legal Research [CALR] Ubrarlan 1993 - 1994 Duties: Provide reference service to patrons and participate in the Reference rotation; give instruction In the use of library materlais and tours of the fadlity; provide "dip service" searches for faculty; develop brochures detailing the use of the on-line catalog and CD-RON products; develop procedures to fadlitate the searching of the on-line catalog; conduct searches for patrons; teach E-mail and [nternet searching; provide reports on computer research; attend meetings, publicize on-line and CD-ROM products available for public use; supervise student representaUves of the on-fine services. LAW OFFICES OF IAI, lES E. BEAStEY. ESO.. PHZLADELPH~.A. P~, Law / Medical Librarian 1993 - 1994 Duties: Medical (traditional and on-line) research; traditional and on-line legal research; collection development; inter-li'brary loan; general reference service for.lames E. Beasley, Esq. and appmxirnately 20 attorneys/physicians/engineers. THE TOWNSHt'P OF CHERRY HZLL. NEW 3ERSEY Zoning Officer 1988 - 1990 Duties: Receive and evaluate alleged zoning violations filed with the Department of Community Development. [nspect, or oversee the inspection of properties; interpret the Zoning Ordinance; review residential plans for the Planning Board; serve noUces for violation of the Zoning Ordinance; appear in Hunicipal Court. .JEWISH COHMUN~'Y VOICE, CHERRY H~.L, NEW Assistant Editor 1986 - 1988 Duties: Write and submit articles; prepare promotional materials; conduct interviews; do research, as necessary; edit canned press releases and submissions from community organizations. Beginning in 1985 and continuing through 1991, served as freelance writer. FEDERAL COMMUNZCAT~ONS ~X)MMT, SS~ON. B~_~r'_&~T BUREAU. WASHINGTON. DC Attorney Advisor 1973 - 1974 Duties: Review applications for AM/FIq radio stations; write internal memoranda that were submitted for en baqc consideration by the Commission; dra~ published OPI~OA~ ,~VO O~in contested cases. (~ENERAL SERVICES ADHINZSTRATZON, OFFICE OF THE GEN~_=_~_.I COUNSEL, WASHINGTON, D(': Attorney Advisor 1972 - 1973 Duties: Analyze legal issues relating to procurement of personal property materials and non-personal services; research problems related to the Federal Supply Service (contracts for property or services, menufacture or furnishing of property; negotiation of contracts, advertising, bidding proo~___s, etc.); general legal research; ~ompile legislative history of Freedom of Information Act [FOIA]. LICENSES / ACTIVITIES Admitted to practice in the Courts of: Washington, DC, by examination District Court for the District of Columbia, by Petition New York State, by examination Member, Board of Trustees, Cherry Hill Free Public Ubrary Vice-Preslde~ Certified by the Florida Medical Association as a ConUnulng Nedlcal Education Coordinator Volunteer, West Palm Beach VAMC, Public Affairs & Hedical Media Service Assist Webmaster with development of VA Intranet and patient Internet site. Volunteer, Delray Beach Public Library Assist at Reference Desk 1973 1973 1981 1988 - 1995 1990 - 1994 2000 - 2002 Winter/Spring, 2001. Current 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 3. Legal Residence: City State Zip Code 4. Pfindpal Business AddresS: City State Zip Code 5. Home Phone: Business Phone: E,-Mail Address: Cell Phone: Fax: s,~'- ~ ~%v~~8~ , ~,~ 61o ? c O: '~_zm 7. ,)~at BOard(s) are ypu iqieresti~d in serving? Pleas~ list in orderlof Preference: 8. List all City Boards on which you arc curremly serving or have previously scrved;,(Please..indude dates) Ci , ~uom,,~. t/~I.g~,,-,,o,.4L, r~o,~;~ oz-~_ 'dh- i I-" / · | ' l&' List map ireland Professi~)nal C~rtifications and licenses which yog-~old/ ... 4o ,4r, o " , .,~"~-~g.~,,~-~tZM,~'n,"J~--( H'/~',r/} t /~'~l)'l'~q~9/~/5'~,g~ -J)I~LZ,/F( t,'A+- ~L:3'7~lfi~,~/~O - ( ! ~ ~at abo~e statements are true, ancl ] ag~. ~ ~nd tmderstafid that ImYmlsstatement ofmate~dal faa " Note: This application will rea'nm on file in the City Clerk's Office foqfl~i~tjo!!l~lla~t~rom the date it was submitted. It wifl be the applicant's responsibility to ensure that~un~n~a~l~cadon is on file. /~-/~-/m NAR 2 6 ~003 CITY CLERK BOARD MEMBER APPLICATION 1993 2001 Ple~e t]~e or print'the following information: 2. Home Adc~es$: .~-~ 3. Iaegal Residence: ~ ' S~te ~p ~e 4. ~ B~ess Ad&ess: ~ S~te ~p ~e 5. H~e Phone: Bu~s Phone: ~ Ad.ss: ~ Phon~ F~: 6. ~ you a re~st.~ vo~? ~ t- ~ 'H so, ~ ~ you 7. ~t~d(s)~you~t~t~Pl~t~o~ofp~f~*~ ,~ ~J~t~' 9. ~o~ 10. ~st ~ fi~ pro~sJo~ c~fi~fi0ns md ~c~s~ ~& ~u ho]d: 11. Gi~ ~ pr~n~ or most r~t ~ploy~, ~d ~fiom I~ ~ ~u~s, s~ or ~ ~ ~ ~u ~ s~e on ~ ~ ~e a~ a brief CITY CLERK 1993 2001 CiTY OF BELHAY ~F..ACH '" '-' "'"'"' submitted. It will be the applicant's responsibility~-va~8~- [h'/{t~a-da~rent application is on file. JUL ? 5 2003 ISlf~-/~ CITY CLERK DAVID REDF_,LHEIM ~mdg~ws-As~m~ ~S l~ay~k, l~m-ida 33483 OBJECTIVE: To secure a challenging executive position employing professional and retail environment. ~IM~A~ION: Masteref AmB~,tn~-~tam~va~,2, ~-~-tsity,, x.r.~. Pem~fflnnm~, 1974 Bachelor of Arts Degree, Pennsylvania State University, State College, Pemasylva~ia,. 1970 WORK EXPFAt, IENCE: Merchandise Manager, 1981 to Present. Career~..%?~-m-~ ExceufiveT .:~-: r,--- Ms~vr-~onal Home Furnishings position to Divisional Merchandise Manager. Open~agof four ~. ........ ~ .... ~ ~o.~..,ns ,,.-. ~,~-,~-~,-~,,,. and~F~onda. Responsible for driving $35 million home furnishings/men's volume. Excellent working relationships with superiors, direct reports and central mlgmigation. Robbins Jew _- '' ' --I ' -- . , ~ Peimsylvlmi~-Opersifions Manager, 1976 to 1981. warehouse and buying organi?ations, repoRing directly to principals of company. Centennial S~ ',Vanniast~, Peimsytvtmia, Junio~ IEg~S~, hool English Teacher, Athletic Coach, 1970 to 1976. I~RSONAL INFORMA~ON: gardening, ballet, theater and painting. l~m'en~ available upo~-equest. 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please t~e or print the following infommdom State Zip Code 3. Legal Residence: City State Zip Code 4. Principal Business Address:~_ City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phonea Fax: 6. ']~re you a registered voter? ¥~ 5 If so, where are you registered? . 7. xWhat Board(s) are you interested in serving? Please list in orde~ of prefTrence: 8. Li~t all ~ity Boards on wEich you are currently serving or have previously served: (Please include dates) 9. F_,ducadoaal qualifica6ons: I0. List any related professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and posifiore 12. Des~be ¢zperienccs, sidlis or k~owI~,¢ which qualify you to serve on d~is bo~d: (Please at'~ch a by;cf resume) I liereliy C~rfy ~at all the~bove smtement~ are txue, and I ague and understand daat any misstatement of marerbl facts Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date itwas submitted. It will be the applicant's responsibility to ensure that a current application is on file. RECEIVED ........ IlAR ~ I 2003 CITY CLERK Attachment to Section 12 City of Delray Beach Board Member Application I believe I am qualified to serve my city on one of its boards because of my professional experience, my commitment to seeing our city grow and prosper in an orderly fashion, and my belief that lhe needs of all our citizens should be served in a fair and compassionate manner. First, I am a licensed and active Realtor~ in the City of Delray Beach. I am committed to supporting a balance between our need for growth and development and our desire to maintain our rich cultural heritage. I believe that opportunities for growth and development should reflect and support both our city's history as well as our need to supply all our residents with a wide range of housing, educational, employment and entertainment opportunities. My previous experience as a senior executive in the high technology industry enables me to understand the impacts of budgets on growth and gives me the ability to make the sometimes hard decisions required to balance "needs" with 'wants." As a manager familiar with strategic and long term planning I understand the need for implementing orderly and controlled processes for viewing a wide range of requirements and the benefits of consistency in any review process. Second, I feel a strong commitment to seeing our city grow and prosper. I was among the first graduates of the Delray Beach Resident's Academy (November, 2001) and found the experience both educational and inspiring. I learned a lot at that time I promised myself that I would be back to take a larger part in making our city one I was proud of. As a resident I take pride in "my city" and do all I can to show that pride by attending events and taking an active part in city business. I have attended numerous Commission meetings and learned a lot about the process of how our city government operates. Now I feel it is time to give something back and participate in a way that will have an impact. Instead of just talking about what happens, I want to volunteer to help make things happen. Finally, I believe the needs of all our citizens should be served in a fair and compassionate manner. The many boards in our city are charged with implementing the rules and procedures by which wa live. Rules make our society orderly and allow opportunities for all to live peacefully and in harmony. Yet I believe those rules should be enforced with an eye toward the end result they were intended to achieve. As such they must be dealt with in a fair, responsible and compassionate manner that allows all city residents to enjoy the city's benefits and its opportunities. 3498 HARBOR CIRCLE, DELRAY B,E~. CH, FLORIDA 33483 HARVEY D. STARIN TEL $61-272-~66s - FAX 56t-2.43..6087 - EMAIL. hstarin~aol.com Strong Sales Skills, Focused On Results & Customer Satisfaction · Strong customer relationship management skills and extensive customer service experience · Skilled at customer development and sales. · Highly or~ranized time manager, adept at balancing multiple competing objectives · Extensive customer facing direct sales and sales management experience · Excellent writing and presentation skills. · Skilled tradeshow manager, from concept and theme development to show/booth management. · Licensed US Coast Guard Captain .... . EDUCATION BS, Adv~"tising and Marketing, University of Flerlda MBA, University of Florida Kellogg School, Nmlhwes~ern University, Executive Leaders~p Program PROFESSIONAL EXPERIENCE Senior Marketing Executive Experienced in Marketing, Sales, Strategic Planning, and Operations 2001 to 2002: Saratoga Telec9, m~ Inc,: Notional Retnil Sales Manager. Hired, developed and m~naged outside sales force selling telecommunications services to and prepaid phone card products to the maritime industry nationwide. Performed direct customer contact. Developed retail sales ~,~egies to increase volume and market penetration in this highly competitive industry. Developed and prepared reports for sales, distn'bution, sales force productivity and demand forecasts. 1999 ~o 2000: e-exhibit, enm~ Boca Rato~ FL c°'Founder and President of Internet Business-To-Business e-commerce startup venture with responsibility for all activities associated with creating and building the fu'st ]nternet "Virtual Trade Show." !997 to 1999: Lucent Technologies New Ventures Gmnp~ Murray Hill NJ General Manager - Persystant Technologies: Created and launched a new Lucent Intemet startup venture for the delivery of interactive training over the Inte~net. Respons~le for negotiating and closing all initial test customer and first service client contracts with Fortune 100 firms. Created the vision for the company, directed software development and all customer related activities in the multibillion-dollar adult learning, corporate training market space. ~h I 'm&AT&T Bnskin Rid-: NJ General Manager- Learning Works: Created and brought to market the Lucent Technologies "Learning Works" integrated solution business to address the multibilliou dollar opportunity in applying high technology to the training and education market. Successfully initiated product testing and fa'st service sales with senior training and corporate executives of partner firms. Director of Marketing and Strategic Planning: Created and coached the teams that delivered high impact customer sale support applications to support penetration of visual communications products and network services among large business customixs. 1988 to 1992: AT&T General Bmine~ Systems~ Parsippany~ NJ Product Marketing Director: Respons~le for all product marketing activities, marketing collateral development, sales support materials, trade show management and execution and media relations. Other Experience: AT&T Inftamation Systems: Branch Sales Manager - FL Luuderdale, FL and Atlanta, GA. BOARD MEMBER APPLICATION ]993 Pleas~ type or print the following information: 1. Last Name: 2. Home Address: 3. Leg~ R~iden~ City.s/ City State ZiDCode Zip Code 4. Principal Business Address: . ' H{om~5~hone ~ C_. ~ ~.~ t~~ ~,~~ ~ S~~ Zi~ Code. 6. ~at B~(s) ~e you int$~ifi't --ffVse~ing] 7. List all Ci~ Bb~ds on whi~ you ~ cuff~fly se~ing or hdve~vlously se~: (Ple~e include dates) 8. Educational quali~cations: 9. Eist an~ ~t~ pro~cssio~al ce~i~cations ~d li~n~s which you hold: 10. Give your present, or most reeen~.t employer, and position: ! i. Describe experiences, skills or knoWledge which qualify you to serve on this bbard: (Please attach a brief resume) i hereby certify that al~ the above statements are true, and I agree and understand that any misstatement.of material facts contained in this appl/cation may cause forfeiture upon my part of any appointment I may receive. SIGNATURE DATE ~Joie:. This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility t~g~~nt application is on file. 0 2003 CITY CLERK T&. FROlv~ SUBJECT: DATE: MEMORANDUM MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # q~<,-- REGULAR MEETING OF JANUARY 6. 2004 APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD JANUARY 2, 2004 The ten-ns for Nancy Lierle, Varmessa Grant, Francis Matincola and Joe Gillie will expire on January 31, 2004. All are eligible and would like to be comidered for reappointment with the exception of Mr. Marincola. Mr. Marincola has fulfilled two full terms and is not eligible for reappointment. The appointments will be for a two year term ending January 31, 2006. Mr. Bernard Dahlem has submitted his resignation creating a vacancy for a citizen-at-large for an unexpired term ending January 31, 2005. The Parking Managemem Advisory Board was established by Resolution No. 88-97 on December 9, 1997. The purpose of the Board is to advise and provide recommendations to the City Commission regarding parking management policy and rehted 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 parking areas located along State Road A1A within the corporate limits of the City. With the adoption of Resolution No. 63-00 the board's membership was expanded from nine to eleven members to include a representative from the West Atlantic Redevelopment Coalition 0WARQ and a second citizen-at-large representative. The following have submitted applications and would like to be considered for appointment: Please See ~Exhibit A~ (Applications are in alphabetical order) Pursuant to Commission direction, a check for code viohtiom and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, appointments will be made as follows: Commissioner McCarthy (Seat # 4) Mayor Perlman (Seat # 5) Commissioner Costin (Seat # 1) Commissioner Archer (Seat # 2) Commissioner Levinson (Seat # 3) Atlantic Avenue corridor between 1-95 and Swinton Atlantic Avenue corridor between Swinton and the Intracoastal Waterway Atlantic Avenue corridor between the Intracoastal Waterway and A1A Old School Square Ffistoric Arts District Citizen-at-large Recommend appointmem of four (4) members for various representatiom for a term ending January 31, 2006 and one (1) Citizen-at-Large for an unexpired term ending January 31, 2005. ~Exhibit A' Parking Management Advisory Board Atlantic Avenue corridor between 1-95 and Swinton Avenue: Vannessa Grant Amazing Creations Florist-Owner (incumbent) ~thntic Avenue corridor between Swinton Avenue and the Intracoastal Waterway David Beale Lawyer (Self Employed) Nancy Lierle DelrayNews and Tobacco-Parmer (incumbent) Atlantic Avenue corridor east of the Intracoastal Waterwayand State Road A1A corridor. Jorge Ramos Ca_fie Luna Rosa-Managing Partner Troy Wheat Salomon Smith & Barney Financial 2nd Vice President Old School Square I-fistoric Am District: Joe Gillie ~fizen-at-Lavge: (3.tistopher Brown RoyFraker JayHyman Old School Square-Executive Director (incumbent) Civic Design Associates-Architect Delray Beach Marriott-Executive Meeting Manager Self employed-Veterinarian 622 Sea S_~_~.e- tl,doe ~,~,~33~3 December 17, 2003 Honorable JeffPerlman Mayor Delray Beach Delray Beach, Florida Re: Pndclng Mnnagement Advisory Board Dear Je~ Please accept this as my resignation as a member of the Parking Management Advisory Board. I have enjoyed working with the outstanding people with whom I have served on figs board since April 1999. As you know, I am p~sanfly Chairman. With election of officers cowing up next month, this seems to be an appropriate time to turn things over to fresh blood. Having had some 35 years of experience with parking problems of every variety with our own properties, this board was of considerable interest to me as an opportunity to serve our fine city in an nren where I had some knowledge. I did not realize at the time how great a privilege it would b4~ to work with so many fine and dedicated people from you and previous mayors, ~he commissioners and the most talented staff at City Hall. I am most impressed with every one of them (and I've met quite a few at all levels). It has been a most enjoyable four years. Very truly yours, ~~AffDahlem Dec 17 ~003 1~: 13PM DI~VID R. BESLE~ P.R. (5~1) ~43-31G~ p.a CITY CLERI( CITY OF DELRAY BEACH BOARD .MEMBER APPLiCATiON ~ons hold: yom p~seo~, or most recent anplopt,.and posit~an: RECEIVED DEC ! 7 2003 CiTY CLERK DAVID A. BEALE, Attorney and Counse~ at Law 355 N.E. 5~ Awnue - Suite #! DELRAY BEACH; FLORIDA 33483 FACSIMILE (561) 243-3166 CI~LL PHONE (SOI) 213-2040 DAVID A. BEALE David A. Beale is a graduate of Cornell University (B.S. 1971) and Fordham Law School (J.D. 1974, Law Review 1972-74). He is a member of the New York Bar (1975) and Florida Bar (1990). David Beale is a member of The American Bar Association, The Florida Bar Association, New York State Bar Association, Association of the Bar of City of New York, Palm Beach County Bar Association, and the South Palm Beach County Bar Association. He belongs to the Entertainment Arts and Sports Law Section of the Florida Bar, where he is on the Executive Council and Chairman of the Publishing Committee. He is also active in the Media Law Committee of the Florida Bar, and the intellectual Property Law Section of the New York Bar Association. Mr. Beale has spent his entire career representing the needs of small businesses and their owners, the sizes of which range from start-ups to companies with $100 million in sales. His practice encompasses all types of corporate, partnership, employment and commercial agreements, including leases, property purchases, and financing agreements, as well as all types of litigation that relate thereto. He is able to work with clients who have sole proprietorships as well as partnerships and corporations, and to guide them through the intricacies of licenses, fictitious names, incorporation, corporate document requirements, employment agreements, shareholder, voting and buy-sell agreements, confidentiality and non-compete agreements, mergers and acquisitions and creditors rights. Mr. Beale can give guidance on vendor, service and software agreements, as well as negoriar$ and litigate disputes over same. Mr. Beale frequently develops new approaches to issues and problems when advising clients and, as needed, when litigating on a national level, while remaining constantly aware of the client's desire to remain cost efficient in today's economy. On a personal level, Mr. Beale can advise and counsel on all types of matters, including wills, trusts, health surrogates, powers of attorney, living wills, and probate, real estate, rentals, name changes, bankruptcies, debtors and creditors rights and homeowner and association rights. When a client's need arises, he works With the best attorneys in the fields of matrimonial, personal injury and estate planning. Real estate closings can take place in his suite, with title work done by associated Clients of the firm are found in the areas of banking, publishing, distribution, marketing, licensing, food, drugs, cosmetics, restaurants, real property, direct mail, fulfillment, accounting, non- profits, party planning, catering, equipment sales and financing, and employee management and training. He has extensive experience in employment law issues, and spends a great amount of time counseling companies and their human resources professionals with questions concerning discrimination, harassment, disabilities, EEO, Family Medical Leave and Fair Labor Standards. If such issues cannot be resolved by counseling and negotiation, Mr. Beale has litigated all types of employment law issues. Mr. Beale is outside general counsel to a national and international distributor of magazines and books, employing over 1500 persons nationally. Mr. Beale has also represented national magazine and book publishers, and film and video producers, and has negotiated and drafted contracts for clients that cover eve~ conceivable area of need, including copyright, trademark, rights acquisition, licensing, publishing, distribution, printing, mergers, and assets and stock purchase and sale agreements. He also has extensive litigation experience in state and federal courts all over the country in all related areas, which include infringements of all types, libel, slander, invasion of rights of privacy and Publicity, First Amendment issues, unfair competition, as well as enforcement of contract rights in these areas. COMMUNITY ACTIVITIES Mr. Beale believes it is important to participate and give back to the community he serves. As such, Mr. Beale is a member of the Delray Beach Chamber of Commerce, where he sits on the Local Governmental Affairs Committee and the Year 2000 Awareness Group. He is also on the Capital Campaign Committee of Pineapple Grove Main Street, Inc. and its Grove An'walk Project where he does the legal work on a pro bono basis. Mr. Beale also is Vice President for Youth and Education of Temple Beth El in Boca Raton, and is a Director and Executive Board Member of the Jewish Education Commission of the Jewish Federation of South Palm Beach County. INTELLECTUAL PROPERTY AND MEDIA PRACTICE David A. Beale is experienced to handle a wide array of issues and problems in this practice area, including representation of magazine and book publishers, distributors, film and video producers. The areas of expertise covered by Mr. Beale's practice include the following: Trademark and Convri~ht Practice - This area encompasses everything from registrations, development, licensing, infringements and unfair trade practices. Experience includes litigation of all types, from the Trademark Office to federal court actions for infringement action, including the prosecution and defense of preliminary injunctions. publishinu - The firm has extensive experience in negotiating both magazine and book contracts covering the following areas: publishing rights, printing, distribution, licensing and fulfillment. * Media - The firm can meet all need in this area, including, libel, slander, rights of privacy and publicity and all other First Amendment issues. EMPLOYMENT LAW pRACTICE Mr. Beale has represented clients with employment law problems ranging in size from five to two thousand employees, in every aspect from counseling to litigation. He has represented clients before Unites States District Courts in employment related cases all over the country, as well as appearing before the EEOC and state human rights agendes in Florida, New York, Tennessee, Illinois, Texas and Missouri. David A. Beale believes the most effective way to handle employment law claims is through a preventive approach. This means that he will work with each client long before any claims arise. Ifa problem surfaces, litigation can be handled in a cost effective and professional manner. In today's business environment, companies are recognizing that it is essential for an experienced lawyer to draft and/or review employment policies, procedures and provide training to all supervisory personnel. After extensive consulting with the client's Director of Human R~sources, or other responsible individuals, in order to determine the problems and issues specific to each client, Mr. Beale will ensure that the client is prepared to handle the wide array of employment law issues that may arise. These may include one or more of the following areas of employment law: *Hiring and eval~ting employees *Sul~r~isory training *Employment discrimination, and harassment Title VII, ADEA, ADA *Employee personnel flies and right to privacy *Employee evaluation *Security issues *Job safety *Reduction in force; re-engineering *Compensation & work schedules *Employee Compensation & fringe benefits *Employment termination *Employment contracts & agreements *Drug testia~ *No smoking policies *Disciplinary programs and procedures *AIDS *Family Medical Leave Act In counseling and litigation, Mr. Beale emphasis the business approach that employers appreciate, taking into consideration the need to run a business in roday's competitive climate while complying with the law, and helping employers achieve the optimum from their employees, i.e., their human resources. His loss prevention and litigation skills are needed to serve your needs, and work with your Human Resources on a regular basis (daily, weekly, as required) to create a partnership. No employer should face today's employment law problems alone. David Beale will always be available to be your partner in problem solving. 08 03 Ol::P3p CITY CI.ERK CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 lool Plgaac t)Tc ot pt-mt tt~ kdJowb~ ir, fozmadon: 2. Home Address: Zip Code S~ate Zip Code 4. Pr~cip:d Business Addtess: C~ty State Zip Code S. l-lome Phone: Business Phone: E-M~] Add,ss: C, eU Phone: Fa.x: 6. Are you a registered voter? ~t~.~ lfso, wl~m arc you registered. T. ~that Board(s) gee ¥o~ int¢ .rFsted in serving. Please I;tt ia o~]er ofprefeten~e~:~ 8. ~sz a~ Ci~' Boards on w~ch you am ~ndy ~& oz ha~ pm~ously ~ed: ~0. ~5t ~y ;chtcd profcssio~ cc~fica~s ~d Ucc~cs w~ch you hold: 12. ~ ~p~cnccs, ~s oz ~ledgc w~h q~' you to ~wc on ~s ~: ~sc' a~h a b~cf ~c) Note: This applicatJon will remain on ~lc in uhc City Clerk's Office fo~ a peaJod of 2 yea~ f~0m the date it was submJtsed. It wLU be the ~ppUcv. nt's zesponsibility to e~surc If~t REGEIVED JUN 09 2003 OITY OLERK CIVlC DESIGN ASSOCIATES Christopher J. Brown, ~Jrban Planne~ Prin~p~d M~:, Brown specinlize$ in ' urban pl~amng, economic d~velopment, =nd teal estate consulting for both private and public entities. He served aa the Eatecutlve D/rector of the l~lmy Beach, Ho~da. Commumty P. edcvelopment Agency (CRA), a tat inc ~waen r_finanCmg dis tzict' encompaasing 2,000 ~:res, for lxine y~m, Under his dlzt~tlon, file ~ g~llera~d over $50 nu'l~o~ of ~novaaed revitalized pro~ect~ in Delray Beach. As CP-.A director, he implementecl an affordable bou~h~g p~ogx~m, established $ mic~-loan program for ~mallobu$inesses, developed essential pazking Iot~ in file downro~n, completed extensive street beautificauon, at.acted urbm~ houamg project~, promoted residenhal neighborhood revitalizatzon, created a Satu~lav monfing Green Market, and co-ventured a au~on doll.-e-.year, successful downtown markeffn~ program. The CRA sponsored the establi~unent of a "Main Street" The CI~.A is ~nown for it~ I~nd c~pabilifiea in which developen putxhaaed asaembled property fiaam the agency for redevelopment purposes and forlt~ a~s:nve business recnmment program. The A~ncy also ~ce,ved ove£ roiflion in granta for zedevelopme~t over a nine-year period. Prior to the CRA, i~. Brown al~ent lifteea years ns a ~eal estate developer and wonted for two public compeme$. Mitchell ~nc~.. and Developmeut (Houston) and Campeau Corporation {Toronto). In 2003, Mr. Brown will serve president of the Plotlda Pmdeveiopment ./~soci~ion. Me. Brown joined ~e fu'm of Civic Design t~sociate$, a tov~l pJannlng, econonfic development, and urban design coasul~:g ~ ~.dueation and C~rtification Licensed Real l~$tate B~roker,-$tate of lalofida Licensed ~ene~al ContraCtor. State. of B~chelor o[ F'me ~xt~, Yale University M~stex of A~irect~e, Univel~i~y of Pennsylvlnia Master of City ~nd Regional Plannin~ On~ver~ty of Pemuylv~de P~ofesslonai ~:/e~es and Orgamzation~ Cong-~e~ t'=o~· thc New Ud~tism The U~ban Land Institute The Intema~on~l Co~cil o£ Shopping Centers l;lodda Rederelopment fiaaoclafioa, Bo~m~ of Di~cr~a, 1996-~03 Palm Beach Photog~phic Center, Board o~ Di~c~n, Business Loan Fond of the Palm Beaches, Inc. 1996-2000 P~m Beach Coumy Imp~t ~ ~vie~ ~o~d, 199S-2000 Teaching Experience ~cljuflct P~caan£, ~t of A-,~hltecm~e. Rice Univ~mty. 197-/-83 2~e~unct larofesso~. Unive~ity of Hooflon Bates C~llege of Law, 1977-83 · ~ommunity Redevelopment Plan, Ame~an Beach, Nassau C.o~my, Florida · Cotl~uuflJty Rede~.Jopment P[rdi, Fort Pie.~e, · Communhy Redevelopment Plan, Pompano ~each, Florida · Central Plantation IVlaster Plan. Plantation, · Community Redevelopment Pia~, l~l. Laucle£dslc. Florida · Housing Fiscal Xmpact Analysis, Stuaxx, Florida ECONOMIC DEVELGPMENT [ URRAN DESIGN ] TOWN PLANNING DELR~kY 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please r~pc ot prim the follo~g 2. 3. pzincipal Bus,ness Adckess: Name ci~r ,State Code ~Code ~qq~F Code o 7. What Boaxd(s) ~re you interested in serving? Please list in otde~ of preference: I' List all Cit3' Boards on .which_)'~u _are currendy sen'ring o: have previously se.me& (Plea,e include dare~!. 10. List any related professional certifications and licenses which you hol& Give your present, or most recent employer, and posidon: Describe experiences, s'la]ls or knowledge xuhich qu-I;~ you to serve on this boar&'('Pleaae attach a brief resume) · ' Note: This appllcadon uvi]l r~,~in on file in the City Clerk's Office for u period of 2 years from the date it was submitted. It ~ be the applicant's respoast%ility to ensure that a current application is on file. RoY J. FRAKER Strong professional background in sales, marketing, public relations, customer service, management and administration. Excellent analytical and organizational sldlls. Intuitive abir~'¥ to rapidly assess people's needs and resolve problems. Capable and competent with the energy and enthusiasm to adapt to vadous people and work situations. Proficient in ACT! 2000, Microsoft Word, Word Perfect. Excel. Outlook. Delphi and Intemet Explorer. Sales Manager, Executive Meeting Manager 2001 to Present Delrey Beach Marriott, Delray Beach, FL National, Regional and Local sales and marketing for luxury 268 room oceanfront hotel · Develop, track and maintain competitive corporate arid leisure rate structures · Create new packages, programs and incentives, track and maintain forecasted sales for both leisure and corporate market segments · Host in house receptions, site inspections, entertain and conduct both hotel and local area tours to prospective clients and visiting organizations and associations · Serve as hotel community liaison and representative for county, city, local civic organizations · Organize and host frequent and successful meeting planner, travel writer and VIP FAM t~ps. · Highly effective and successful leader and team player for pre-opening sales, sales blitz campaigns and roll out of incentive programs Site Operations Manager 1996 to 2000 Meisner Electric, Inc., d.b,a. Ocean City Properties, Ltd., Delray Beach, FL Lead restoration of historic warehouse budding into 14,000 square foot corporate office Supervised daily site operations of historic 46,000 square foot shopping, dining, and outdoor entertainment complex including constru~lion, renovation, leasing, advertising, marketing, public relations and special events Fire & Security systems administration, hurricane preparedness and emergency management Management of all sub-contracted services and direct supe.rvision of maintenance and housekeeping staff Purchasing. receiving and asset management of all fixtures, furnishings and appliances Responsible t~or special projects such as complete revision of corporate image, inclusive of concept Instructor & Administrator Independent Contractor, Palm Beach County, FL 1993 to 1996 - Martial arts instruction & supervision of three instructional programs including 13 Palm Beach County schools. Boca Raton YMCA, and a private school with combined enrollment over 1500 · Sales, marketing, advertising, contract management, database and financial management, editor and publisher of monthly newsletter o Planning and implementation of incentives, special events and annual convention 38 112 South Swinton Avenue, Delray Beach, Florida 33~.~.~. (561)-265-2607 RoyFraker~aol.com oa/ze,'oz J.~:~ PA.[ 5~1 Z75 3201 DELRAY BEACH I~RRIOTT ~003 RoY J. FRAKER Reservations, Front Desk, Concierge 199t t~ 1993 Ritz Carlton Palm Beach, Manalapan, FL. Hired as hote|'s original 'Opening Team'. One of 500 out of 5000 applicants. · Consistently outsold rooms exceeding revenue goals by volume and gross sales_ · Promoted to Departmental Trainer dudng which hotel received the 1992 Malcolm Baldddge Quality Customer Service Award. · Interim Supervisor of Fitness Center and Ritz-Carlton Club. Created, implemented and Supervised hotel's first 'Ritz-~ds" program. Attractions Host, Production A=<istant & Talent Coordinator 1990 to t99t Walt Disney Company, Lake Buena Vista, FL Attended the Disney University Career Start program Originally cast as Attraclions Host.for the Disney MGM Studios · Promoted to Production Assistant and Talent Coordinator for the NBC television game show 'Let's Make A Deal" EDUCATION · Cardinal Newman High School, West Palm Beach, FL, 1990, Honor Roll · Palm Beach Community College. Lake Worth. FL 1993, Deans Ust · Florida International University, Miami, FL, 1993, Family Management Specialist Training Certificate · University of South Florida, Tampa. FL. 1994. State of Florida HRS Child Welfare Training Certificate · Greater Boynton Beach Chamber of Commerce, Leadership Boynton Beach, Class of 1995 · Personal Development Center, Delray Beach, FL, 1996, The Living Course, Personal Development Workshop · Southeast Education Center, North Palm Beach. FL, 2000. Dale Carnegie Leadership Training · Personal Development Center, Delray Beach, FL, 2001 Cerl~ied Instructor ACCOMPLISHMENTS & OUTSIDE INTERESTS · Bob Beamon Golf & Tennis Classic. Board Member, 2002 · City of Delray Beach Sister Cities Committee, Board Member, January 2001 - Present Museum of Lifestyle and Fashion History. Board Member, January 2001 - present · - Toudsm Committee, Co-Chair, Delray Beach Chamber of Commerce, 1999 ~ Present · One of 100 citizens and community leaders to represent City of Boynton Beach at Visions 2000 conference, 1996 · Palm Beach Post PathfiflderAward, Community Service 1990 · Steedng Design Committee; fund raising and Spatial Events Co-Chair, crew leader and construction coordinator for 'Lefs Bund a Playground' Boynton'Beach, FL 1995 38 112 South Swinton Avenue, Delray Beach, Florida 33444 (561)-265-2607 RoyFraker~aol~om 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION am on .? ~'s O~c~f~/a.t~i~/L-.f-,~St~ from the date it was aitted. It will be the applicant's tespomab~ty to emsulg~t ~g~e~tt ~cation is on file. DEC 1 6 2003 JOE GILLIE Joe Gillie has been in the arts in Palm Beach County for 26 years. During that time he has worked as a perfom~er at the Royal Palm Dinner Theatre and as a performer, scenic artist and fl~e Public Relations Director at the State Theater of Florida, The Caldwell Theatre Company. Joe organized the Caldwell Cabaret, which had a successful mn for eight years al the Sheraton of Boca Raton, as well as traveling for the Palm Beach County Tourist Development Council ttxroughout Canacla promoting tourism to South Florida. Joe taught Drama and Public Speaking at Lynn University in Boca Raton, Florida for six years; and taught commercial television for Powers Models in Fort Lauderdale for two years. Joe has also worked with high school students and as a festival judge for the regional and stale dranm compctmons, and sctw'ed 4 years as a voter for the prestigious Carbonell awards given by the South Florida Critics Association. Joe is also an award-winning artist in ac~b'lic medium. toe rook over as Director of Old School Square Cultural Arts Center in Dekay Beach nine years ago He ',vas responsible for overseeing the restoration of the Crest Theatre, the subseque~u ~-ven:~g and programming of the facility. Recently named Executive Director. he is succcssfid in interfacing with local government and commmfity ageamies as part of the ongoing Delray Beach renaissance. As par~ of that team, Florida Trend Magazine voted Delray Beach the Best Run City in the State of Florida. Joe is the recipient of the 2001 Ken Ellingsworth Award for communit5 mvolvemenl given by the Chantber of Commerce. Joe is responsible for the overall eq>erafions of Old School Square, including all programs, education projects, ~mmu writing, ~:eve'om~e~* future construction and renovations. To date the project has completed 7 million doll~,'s o_f'restoration to the 1913 elementary and 1925 high schools. An additional 1 4 million del!ars wz~s recently raised to complete a new 2,000-seat band shell on the historic site opening [ebr.:a]5~ 2~(;2. He serves on the Board of Directors for the Delray Merchant and Business Assocmt~on. He has also served on Delray Beach Parking Management Team. He is also an advisor to Team Dekay and Deh'ay Youth Council. Joe served as co-chair of the Dekay Beach Mi!lc:injure Committee and currently senses on the West Atlantic Avenue Redevelopmem ~;~'.:sou Board Joe conceived, designed, and staged the presentation that won the All .q2r.':,c ar~ City designation for the City of Delray Beach in 1993 and again in 2001, the only city ~:? t~e State of Florida to win the prestigious award twice. He recently received a scholarship from the Getty Foundation to attend a National Leadership Forum in Washington, DC, where the International City/County Management Association named Old School Square one of the top l~u-ee pro~ects in the United States for using the arts to affect a positive change in the conm~unity. Regionally, Joe is past chainnan of the Cultural Executive Conxmittee for the Palm Beach County Cuitural Council. Statewide, Joe is an active member of the Florida Trust for Flistonc Prese~-~at~on and consults with many new historic preservation projects around the state He has also self,ed on the state nmltidisciplinary and Historic Museum Grants panels. 3an 15 02 [O:00a Old School Square 5S1-Z43-?018 p.4 Before coming to South Florida, Joe performed extensively throughout the United States in the Firs,~ national tour of"The Best Little Whorehouse in Texas" with Alexis Smith. He also performed in major regional and repertory theatre companies throughout the United States. J,3e ~-eceived a B.A. Degree in Drama and Speech from Averett College in Danville, Virginia, in 1976. He was awarded Averett's Outstanding Achievement Award for 2001. He earned an M.A. m Theater fi-om Portland State University m Portland. Oregon, where he was named · '©utstanding University Scholar" in 1984 Joe resides in Delray Beach and is currently restoring an historic home. His hobbies include 9a -,:i:-,g. rcqler blading, and collecting wooden decoys. .) DELRFiY BEFICH CRR 5Gla?GS§58 22:14 5~1d871~31 ©try oF DILRAY ICH BOARD MM.HIt APPLICATION p.3 UELRRY BERCH CR8 5G12?GSSS8 p.2 D E LKA / E ^C I-I November 25, 2003 Ms. Karen Schell, Board Liaison City of Delray Beach 100 NW 14. Ave. Delray Beach, FL 33444 Dear Karen, Enclosed is the BOard Member Application for Vanessa Grant. She is a young She has been in business for a number of years and is business owner on SW 5~" Ave, in the heart of one of our most promising redevelopment areas. .- -ntribution in the city where she resides- interested in making a posiuve co please forward her application to the appropriate area for review. I feel that she wilt make a positive impact to the parking Management Advisory Board: Thank you for your consideration. nager DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 please t~pe o~ print the £ollo~,in~ information: Zip Code 4. Principal Business Address: City Stite Zip Code 5. Home.Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 6..~re you · reVst~ed_ ,,oter:. ~f so, ~,,~t,,~? ~f you registered: ?. ~,X'hat Board(s) are you interested in seZ~'ing? Please list in order of preference: 8. List all Ciq' Boards on which you are currendy serving or have previously served: (Please include dates) '9. Educational qualifi~a~gns: 161 List any related professional cemficafions and licenses which you hold: 11. G~ve your present~ or most recent employer, and position: 12. Describe experleflce~' , ~ '~s~or 'I~owled" ' ge v;hich' quali'f), you to serve on this board: (Please attach ~ bric f resume) ] he'teby certify that ali the above statements are m~¢, anal ! ~gree and unde~st~d that any mJsststeme~t of material f~cts Note: This application will remain on file in the Cit3. Clerk's Office for a period of 2 ~;~{rrz~[t~it was submitted. It will be the applicant's responsibility to ensuze that a current application is on file. OITY ~1 FRK CITY OF DELRAY 'BEACH BOARD MEMBER APPLICATION ~/~_~, / ~_~ , Home 2. Home Ad~:~ ~~ 3. ~ ~d~ ~ ' S~ 4. ~p~ Bu~ess ~dress: ~ S. Home ~onc: Bu~s Phon~ ~ ~s: ~ Pbgc: F~: 6. ~ you a ~s~ed vo~ H s~ ~. ~ ~d(s) ~ you m~t~ ~ s~? Pl~e ~t ~ ~ ~ . ~u~d~ ~fic~do~: ~ nY ~ p~es " 16. ~s sio~ cc~flo~ ~d ~es ~ ~u hol& 11. ~e )'our p~n~ o~ most ~t ~ploy~, ~d I ,% ~ ~ ~t ~ ~c ~ ~ ~ ~ ~ I ~ .~ ~ pplication ~ remain on ~ he cbt: it n submitted. It ~ be the al~¢.-Fs tespondbilit7 m ensure that a current application is on file. DEC ! 6"2003 ~ ~ CITY CLERK DEt~AY ~ACH T0:561 ~43 37'/4 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION I -egal Residcno:: 4. Pnncip.al Business Address: City 6. Are you a registered voter? '[f so, where arc you registered? 7. x~lat Boanl(0 arc you inlcreshrd m 5c~'h~g? Please list m order Zip Code Xq> Code Zip Co(lc 2',¥- qq S-~7 8. I.is~ all City Boards on which you acc curre,, ly s,-r~'mg or have pre.~,iou'gly served iT' ease n,=lt tlc dace*} U. Educatio.al q.al/ficarions: 10..List any ~lated professional certifications a~ld licenses which you hold: l 1. Give ymlr present, or most r¢ct-n£ crop oyer, and position' 12. Describe t-'xpcclenccs, skills or knowlo.lgc which qualify you to serve -n Ibis boa£d: (P~ase attach a brlef rcsumcJ N,>re: 'l"hJs application will remain ,"m ' ' ". ' ' - -- . tile zn thc (.IrV Clerk s ()thee t.or a pc 'iod c~ 5 2 ycitrs fi'om thc date ir was submin'ed..ir will be the appficant s lespoll~lbili£y I:o ensure thai: a curre~lt appllcano~l is on file. RECEIVED DE{: 1 7 2003 CITY CLERK Apr-I?-ZO03 O]:30pe From-SMiTH BA~EY 561 Z65 0616 T-Z?T BOARD MEMBER APPLICATION 1993 2001 P.OOZ/OO3 F-l?? .- ~.ast N~mc Code L~t ~11 C~' ~,o~zds on ~r~ch you ~'e I~o,~ 10. ~ ~ly related ce~zi~cal~o~s ~d llc~lse, s w~ch you hol& 11. G~e yom ~L OX mOSt teC~t ~ploy~, md po~don: you to APR 1 7 2003 CITY CLERK ./ Apr-I?-ZO0] O~:~Opm Fr~m-$MITH BARNEY ESI Z65 o615 T-Z?? P.OO3/OOa F-I?~ Troy D. Wheat E-m~U t roy-d,whea~smid~bemey~om My objective is to continue following the guidelines already in place in Delray Beach, and help assist in the further development and growth of our city. I~11Dk~vl~leflt EduCa~On LJc~enses 1 ~? _ o.~.~.., o...:u. ~.,,,~.~ ~elray Reach, Florida Finaneial Cor~ultant - ~d Vice Presklent Investments · Assist in the development and implementation of financial plans for both retaR and institutional clients. 1989 - 1992 Palm Beach Community College 1992-1996 University of South Florida Bachelor of $cie,~ce (EConomics) Florida Tampa. Florida Sedes 3 - Commodities Series 7 - Stocks, Bonds, and Options Series 63 - Bluesky License Series 65 - InVestment Advisors Volunteer Bethesda Commu0i~,¥Jl~s0i, tal ~prn-Am =.,,=,. ,= .. ,--. ~ ,-. . Carver F.~lates Youth Program (Cxe0utive Comm~ee, Fundraising Chairman. Golf Tournament Co-Chair) Palm Beach County Golf Association (Tournament Committee, Former Executive Committee) Delray Beach Commu,3ity C,",'id Care Center ..... . Life Experience Scholarship goffer at Palm ~each Community, and UnNersity of South Florida' Nationally ranked amateur golfer 1993 Four Time U.S. Amateur Contestant U.S. Mid-Amateur Contestallt 1999 Delray City Champion, 2000 Palm Beach Mid-Amateur Champion, 2002 Runner-up Palm Beach County Amateur, Runner-up 2003 Dixie Amateur Championship and numerous other national, state, and local events MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ ~/~x ORDINANCE NO. REZONING/SIMMONS CAY) JANUARY 2, 2004 - REGULAR MEETING OF JANUARY 6, 2004 47-03 (PRIVATELY INITIATED This ordinance is before Commission for second reading and a quadjudidal hearing for rezoning from R-I-AA (Single Family Residential) to RM-8 (Multiple Family Residential-Medium Density-8 dwelling units per acre) for a 1.36 acre parcel of land known as Simmons Cay located on the west side of State Road A-1-A (Ocean Boulevard) approximately 140 feet south of Vista Del Mar Drive. The subject property consists of all of the Simmons Cay plat and a portion of the Ocean Cay plat (222 North Ocean Boulevard). There is an existing large single family home on the site. The proposal is to change the zoning designation of Simmons Cay as a prelude to the future development of the property as a multiple family residential project. The Planning and Zoning Board hdd a public heating in conjunction with the request. There were several people that spoke in favor of the rezoning with the density suffix, including two representatives from the Beach Property Owners Association. There were also some residents from the Vista Del Mar subdivision to the north who spoke in opposition. The Board voted 6-0 to recommend that the request be approved, based upon positive findings with respect to Chapter 3 (Performance Standards), Land Development Regulations Section 3.2.2 (Standards for Rezoning Actions), Land Development Regulations Section 2.4.5(D)(5) (Rezoning Findings), and the goals, objectives, and policies of the Comprehensive Plan. At the first reading on December 2, 2003, the City Commission passed Ordinance No. 47-03. Recommend approval of Ordinance No. 47-03 on second and final reading. S:\City Clerk\agenda memos\Otxt.47.03 01.06.04 Rezomng Simmons Cay TO: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGE~ PAUL DORL..G. DI.ECTOR OF MEETING OF DECEMBER 2, 2003 PRIVATELY INITIATED REZONING FROM R-l-AA (SINGLE FAMILY RESIDENTIAL) TO RM-8 (MEDIUM DENSITY RESIDENTIAL- 8 DWELLING UNITS PER ACRE). The subject property consists of all of the Simmons Cay plat and a portion of the Ocean Cay plat, and contains 1.36 acres (222 North Ocean Boulevard). The property currently has an underlying land use designation of MD (Medium Density 5-12 du/ac). The property was until 1992 zoned RM (Medium Density Residential). In November 1992, the City Commission approved rezoning of the subject property from RM to R-l-AA (Single Family Residential) to allow for the construction of a single family residence on the property. A large single family home has been constructed on the site. The applicant's request is to change the zoning designation of the property from R-l-AA (Single Family Residential) to RM (Medium Density Residential). The proposed rezoning is requested as a prelude to the future development of the property as a multiple family residential project. The Planning and Zoning Staff reviewed the request and recommended application of a density suffix of eight units per acre. This suffix would limit the maximum unit density to eight units per acre, which is more appropriate given the surrounding prevailing land use patterns (see discussion in the P&Z staff report). The applicant has agreed to the application of the suffix and the ordinance before the Commission reflects this change. At its meeting of November 17, 2003, the Planning and Zoning Board held a public hearing in conjunction with the request. There were several people that spoke in favor of the rezoning with the density suffix, including two representatives from the Beach Property Owners Association. There were also some residents from the Vista Del Mar subdivision to the north who spoke in opposition to the rezoning request. They felt that a maximum density of five or six units per acre was more appropriate. After reviewing the staff report and discussing the proposal, the Board voted 6-0 (Kenneth Peltzie absent) to recommend approval of the rezoning request from R-l-AA to RM-8 based on positive findings with respect to Chapter 3, LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan, based on a finding that the proposed density is appropriate based upon the Future Land Use Map designations of the surrounding properties as well as the prevailing development pattern of the surrounding area. By motion, approve on first reading the ordinance for the rezoning from R-l-AA to RM-8 for Simmons Cay, based on the findings and recommendations of the Planning and Zoning Board, and set a public hearing date of January 6, 2004. Attachments: P & Z Board Staff Report of November 17, 2003 & Ordinance by Others ORDINANCE NO. 47-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-l-AA (SINGLE FAMILY RESIDENTIAL) DISTRICT TO RM-8 (MEDIUM DENSITY RESIDENTIAL-8 DWELLING UNITS PER ACRE) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE WEST SIDE OF STATE ROAD A-1-A (OCEAN BOULEVARD), APPROXIMATELY 140 FEET SOUTH OF VISTA DEL MAR DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2003"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property here'mafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 2003 as being zoned R-l-AA (Single Family Residential) District; and WHEREAS, at its meeting of November 17, 2003, the Planning and Zoning Board for the City of Dekay Beach, as Local Planning Agency, considered this item at a pubhc hearing and voted 6 to 0 to recommend that the property here'mafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Dekay Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of RM-8 (Medium Density Residential - 8 dwelling units per acre) District for the following described property: Tract "A", Simmons' Cay, according to the Plat thereof as recorded in Plat Book 69, Page 100, of the Public Records of Palm Beach County, Florida; Together with; The South 60 Feet of the Plat of Ocean Cay of Delray, as recorded in Plat Book 50 Page 59 of the Public Records of Palm Beach County, Florida. Section 2. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 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 this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regnhr session on second and final reading on this the day of ~ 200__. ATI'I6ST MAYOR City Clerk First Reading Second Reading 2 ORD NO. 47-03 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH MEETING DATE: AGENDA ITEM: ITEM: ---STAFF REPORT--- November 17, 2003 IV. A. Rezoning From R-l-AA (Single Family Residential) To RM (Multiple Family Residential-Medium Density) For a 1~36 Acre Parcel of Land Known as Simmons Cay (Quasi-Judicial Hearing). GENERAL DATA: Owner/ApplicanL ....................... ; Robert Simmons Agent .......................................... Bill Harris & Associates Location ...................................... West side of State Road A-1-A (Ocean Boulevard), approximately 140 feet South of Vista Del Mar Drive. Property Size .............................. 1.36 Acres Future Land Use Map ................ MD (Medium Density, 5 - 12 Du/Acre) Current Zoning ............................ R-1-M (Single Family Residential) Proposed Zoning ........................ RM (Multiple Family Residential - Medium Density) Adjacent Zoning ................ North: R-l-AA (Single Family Residential) East: OS (Open Space) South: RM (Multiple Family Residential - Medium Density) West: RM (Multiple Family Residential - Medium Density) Existing Land Use ...................... Residential Proposed Land Use .................... Multifamily Residential Water Service ............................. Existing on site. Sewer Service ............................. Existing on site. L~ A N TI C AVE. IV. A. The item before the Board is that of making a recommendation to the City Commission on a privately sponsored rezoning from R-l-AA (Single Family Residential) to RM (MultiPle Family Residential- Medium Density) for Simmon Cay, pursuant to LDR Section 2.4.5(D). Pursuant to Section 2.2~2(E)(6), the Local Planning Agency shall review and make a recommendation to the City Commission with respect to the rezoning of any property within the City. The subject property consists of all of the Simmons Cay plat and a portion of the Ocean Cay plat and contains 1.36 acres (222 North Ocean Boulevard). At its meeting of June 12, 1984, the City Commission approved a 13-unit multiple family project on the subject property. The development never occurred and the site plan expired. As part of the adoption of the Future Land Use Map in November 1990, the designation of the propertY was changed from MF-15 (multi-family 15 units per acre) to MD (Medium Density 5/12 du/ac), this Future Land Use designation remains in effect. As part of the citywide rezonings in 1991, the property was rezoned from RM-15 to RM (Multiple Family Residential - Medium Density). In November 1992, the City Commission approved the rezoning of the subject property from RM to R-l- AA (Single Family Residential). This rezoning was initiated to allow for the construction of a single family residence on the property and a single family home has been constructed on the site. The applicant has submitted a request for a zoning change from the R-1AA designation which is now the action before the Board. The current proposal is to change the zoning designation of the property from R- 1-AA (Single Family Residential) to RM (Multiple Family Residential - Medium Density). The applicant has indicated that the proposed rezoning is requested as a prelude to the future development of the property as a multiple family residential project. However, at this time a development application has not been submitted. P & Z Board Staff Report Rezoning from R-l-AA to RM for Simmons Cay Page 2 REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. FUTURE LAND USE MAP: The resulting use of land or structures must. be allowed in the zoning'district within which the landis situated and said zoning must be Consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a MD (Medium Density - 5-12 du/ac) Future Land uSe Map designation and is currently zoned R-l-AA (Single Family Residential). The proposed RM (Multiple Family Residential - Medium Density) designation is consistent with the MD Future Land Use Map designation. As noted in the background Section of this report, the proPerty was previously zoned RM. A Site plan was approved for a multifamily project of 13 multifamilY units which Was never constructed and the site plan approval expired. Following expiration of ,the site plan approval for the multiple family develbPmentS; the Propdrfies {two lots) Came ~der seParate ownerShip. Efforts t° reunite the Properti~ for ~evei~)p~ent fot ~Ultip e family reSidenCes failed.. Eventual the properties were. combined and a single family home was constructed. The applicant 'now propoSes to demolish the house to make way for a multi-family development. Pursuant to the LDR Section 4.4.6(B) (3), multiple family structures with a base density of 6 units per acre could be constructed on the site. Upon review of a site plan an increase between 6 units and 12 units per acre can only be achieved through compliance with addition requirements contained in LDR Section 4,4.6 (I) performance Standards. Based upon ~ above, a positive finding can be made with respect to consistency with the Future Land Use Map designation can be made. Concurrency: Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital P & Z Board Staff Report ' Rezoning from R-l-AA to RM for Simmons Cay Page 3 improvements in order to maintain the Levels of Service Standards established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach. Water & Sewer: Water service can be accommodated via 'a service lateral connection to the existing 6' water main along Ocean Boulevard (State Road A-l-A). Adequacy of fire suppression Will be evaluated dUring the Site plan review process. SeWer service is available via a service lateral connection to the existing 8" main along Ocean BOulevard. Pursuant to the Comprehensive Plan, treatment capa~ iS available at the Ci~s Water Treatment Plant and the South Central C~un~':~aste :water Treatment Plant for the City at bu!ld~OUt~ BaSe.d upon the abbv~, P~S~iV~ fi~dingS can be made with resPect to thls level of service standard. : · Drainage: With a rezoning request drainage plans are not required: The storm water retention will be reviewed dudng the site pian appiication Pro.ss. Them are no prOblems anticipated with~ retaining drainage on site and obtaining a SOuth Florida Water Management Distdct permit. Traffic: The'applicant has provided a traffic analySis that compares the traffic generated byffie existing single family hohie and-th~ maximbm ~ifiple family ~d~Vei°pment allOWed in the .RM zoning diStrict~: The analysis indicates ~at 102 additional average daily tripS will be generated 6 net n~ trips'in the alm. peak hoUr and 8 net new trips in the p.m. peak hour. parks and ReCreation: The applicant* will be responsible for the city's parks and RecreatiOn requirements during the Site Pi~n review PrOCess. TheSdbject ProPerty has a development potential of 16 dwelling units (1.36 acres x 12 du/ac = 16 units) under the proposed RM zoning designation. Consequently, the applicant WoUld be subject to an $8,000 park'impact fee at maximum development (16 units x 500. per unit). P & Z Board Staff Report Re. zoning from R-l-AA to RM for Simmons Cay Page 4 Solid Waste: The development of the property under the RM zone district should not create an adverse impact on this level of service standard. The subject property has a maximum development potential of 16 dwelling Units (1.36 acresx 12 du/ac = 16 units). The existing single family residence generates 1.99 tons of Solid waste per year. The 16 multiple family units would generate 8.32 tons of solid waste per year. Therefore, the net increase would be 6.33 tons of solid waste per year. The increase can be accommodated by existing facilities and thus, will not have a significant impact on this level of service standard. School Concurrency: School concurrency must be addressed dudng the rezoning application and represent the maximum development. The applicant has submitted and received a finding of concurrency from the Palm Beach County School Board~ This certificate is valid for one year from November 5, 2003. Consistency: A finding of overall consistency may be made even though the action will be in conflict with some individual performance standards contained within Article 3.2, provided that the approving b~y specifically findS that the beneficial aspects of the proposed project(hence compliance with some standards) outweighs the negative impacts of identified points of conflict_ COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable 0bjectives and poliCies are notod: Future Land Use Element Obiecfive A-1 - Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs. As noted previously, the property previously obtained site plan approval for a multiple family development, which subsequently expired. The property to the north and west are single family residences. The compatibility of these two uses is a concern given the maximum development potential under RM of 12 units per acre. While this can be somewhat mitigated with heavy buffering (buffering in excess of the minimum in both width and material) the Board may want to consider further limiting the maximum achievable density through ,the application Of a suffix. This process is further disCUssed under Housing Element Policy A 3.2. There is no concem with respect to compatibility to the mUltiple family residential uses to the south. P & Z Board Staff Report ~' Rezoning from R-l-AA to RM for Simmons Cay Page 5 Future Land Use Element Obiective C-5 - The relationship between coastal area population and measures for evacuation in the event of a hurricane shall be enhanced through the requirement that redevelopment of existing properties in the coastal zone shall be consistent with the Future Land Use Map as opposed to reconstruction to current intensities, except as provided in Coastal Management Policy C-3.5. The current intensity for the subject property as defined by the zoning code is single familY residences. The MD Future Land Use Map allows for a residential density of up to 12 dwelling units per acre. Therefore, the proposed rezoning to RM and subsequent development of multifamily uses is supported by this objective. Housin.q Element Policy A-3.2 - The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to these neighborhoods and affixed to the zoning map. Requests for rezonings to a differentzoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation Shall be denied. This. Policy relates to areas ~ich are designated stable residential on the Residential ~Neighborhood Categorization Map (including this Site). There isa concern with 'respect to the compatibility of the rezoning request with the existing development patterns. The following table identifies the neighboring residential developments and their respective densities: Development Type Density Vista Del Mar Sin. gle Family 2.97 alu/ac Delray Beach Esplanade Single Family 4.41 du/aC Dorchester, Multiple Family 9.17 du/ac PUrs~iant to the' LDR Section 4.4.6(B)(3), multiple family structures with a base density of 6 Units and a maximum density Of 12 units per acre subject to performance standards are allowed as a permitted use in the RM zoning district, The density for a specific RM development may be further limited by a numerical suffix affixed to the designation and shown on the zoning map (i.e. RM-8 limits the maXimum density to eight units per acm). The proposed zoning would allow a density of up to 12 dwelling units per acm adjacent to the single family neighborhood. At the maximum density the land use intensity would increase between the Dorchester and Vista Del Mar. Appropriate land use relationships would dictate a stepping down in land use intensity between the multifamily and single family uses. Consequently, the application of a suffix would assure the appropriate transition would occur. Given the development pattern of the surrounding neighborhood it would be appropriate to apply a suffix of 8 dwelling units per acre. It is noted that the provision of the suffix of 8 does not imply that 8 units per acre will be approved on this site. Any approval over 6 units per acre will require compliance with Performance Standards. The 8 unit per acre suffix P & Z Board Staff Report Rezoning from R-l-AA to RM for Simmons Cay Page 6 will, however, represent the upper density cap: It is alSO recommended that when the performance standards are conSidered (during the site plan process) a greater weight should be placed on achieving Standard (C) which states: VVhere immediately adjacent to residential zoning disttfcts having a lower density, building setbacks and landscape material 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 thereoO is provided; trees exceed the required height at time of plan~ng by 25% or more; and a hedge, wall or fence is provided as a visual buffer behveen the properties. Therefore, a rezoning of the subject property with a maximum density cap of 8 (RM-8) would be more consistent ~ Housing Element Policy A-3:2 and more appropriate based on the Future Land Use Map designations of the surrounding properties as well as the prevailing development pattem of the surrounding area. Coastal Manaflement Element Policy C-3.? - There shall be no Change in the intensity of land use within the barrier island and all infill development which does occur shall connect to the City's storm water management system and sanitary sewer System. The Future Land Use Map designation of the .property is MD (Medium Density 5 to 12 du/ac). The intensity of the land use classification will not be meditied due to the rezoning application. The request is essentially reversionary and will achieve consistency between the Future Land Use Map and the Zoning Map. It is noted that if a suffix is applied it will 'limit the maximum unit count to less than was Previously approved or allowed under the prior RM z0n ng designation in 1992. ' ' · COastal Management Element obi~flve. D-? - There shall not be any developm~n.t, upon the barrier island which shall .reduCe hurricane eVacUation time beyOnd its present level or whic.h' shall lOWer the level of ServiCe at the intersections of SR A.1-A and Atlantic AVenUe; GeOrge Bush Boulevard and SR A-I'A; or at Linton BouleVard and SR AT,!.A. The hurricane evacuation time is based on the develOpment potential allowed by the Future Land Use Map. Since there is no change to th s map, the evacuation time will not be affected~ ' ~ ' ~ecfion 3.2,2 (Standards forRezomng'Actions): Standards B ahd Care not applibable. The aPPliCable perfo~anCe standards bf section 3.;2~ ~are as follows: (A) The most restrictive residential zoning district that is 'applicable given existing patterns and tyPiCal lot sizes Shall be aPPlied to those areas identified as "stable" and "Stabilization" on the Residential P & Z Board Staff Report - ' Rezoning from R-l-AA to RM for Simmons Cay Page 7 Neighborhood Categorization Map, Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. As noted in the analysis of Housing Element PolicY A-3.2, the subject property is proposed to be rezoned back to the RM classification, The surrounding area is designated as stable, The application of the 8 unit per acre suffix is appropriate given the development pattern of the surrounding neighborhood. That the rezoning shall result in allowing land uses which ,are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regUlations exist to properly mitigate adverse impacts from the new use. The follOwing zoning designations and uses border the Property: (E) Direction ZOninq : uses NOrth R,1-AA ~sta Dei Mar single family West RM sihgle FamilY Residential South RM Dorchester multiple family East OS City Beach MultiPle fam~y development allowed in the RM zoning district would be cOmpatible with the existing multiple family development to the soUth~ HOwever; given the deVelOpment pattern of the neighbOrhOod, a densk'y cap of 8 units per acre is appropriate to Provide a transition between the multiple family area to the south and the single family neighborhood tothe north. It is noted that development of the subject property should not expect apProval of a density at the high~ end given ~he need for the transition between the more intense DoY~ester ~p to the south and the single family neighborhood t° the north: The development requ rements in the City's Land Development Regulations are S~cient to mitigate any adverse impacts to the adjacent single familY uses to the north and west and the City beach to the east. Remaining, isolated infill lots within the coastal planning area shall be developed under zoning which is iden6cal or similar t° the ZOning of adjacent properties; and, the resulting de.v?opment shall be of a design and intensitY whiCh is similar to the adjacent develOpment. As noted previously, the subject properly is located on the periphery Of a multiple family area as designated on the Future Land Use Map. The proposed zoning designation will be same as the neighboring properties t° .the south and west. It is noted that a develOpment proposal has not been P & Z Board Staff Report ~ Rezoning from R-I-AA to RM for Simmons Cay Page 8 submitted. Compatibility will be further reviewed as part of the site plan submittal and through cOmPliance with performance standards' Section 2.4.5(D)(5) (Rezenin~ Findings): PursUant to Section 2.4.5(D)($) (Findings), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought~ These reasons include the following: That the zoning had previously been Changed, or was originally established, in error; That there has been a change in circumstances WhiCh make the current zoning inappropriate; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more al)r~roDriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted a justification statement, which states the following: ~That the requested zoning is of similar intensib/ as allowed under the Future Land Use Map and that it is more apPropriate for the property based upon circumstances particularto the site ancYor nei~lhborhood. The Dorchester Condo abuts the subject property to the sOU'~h and is zoned RM and the two propedies to the west are zoned RM. I believe both lots (south and rear lot) are zone RM." Commen,t: ,The ba.Sis for which the rezoning is being sought most cidsely relates to 'Items -b and "c The appliCant proposes to fezone ~e Property :Eiack to RM to allow redevelopment of the property for'multiple family purposes. The applicant has indicated to Staff that the highest and best US~ of tl~e property is multiple family units rather than the existin~ single f.a. mily home. Given the size o.f the propertY, redevelopment to multiple ~ingl~.~imily r~sidences is problemafic g~ven site constraints. The development of multiple family on the subject property is more logical given the associated-deVelopment regUlations and adjacent multiple family development to the south. However, the maximum density of 12 units per acre would create a conflict with the adjacent Single family neighborhoods. Therefore, staff is recommending that a density suffix of 8 dwelling units per acre (RM-8) be approved. A positive finding can be made that the circumstances in the area and similarity in intensity to the properties to the south and that the RM zoning district is more appropriate. P & Z Board Staff Report *' Rezoning from R-l-AA to RM for Simmons Cay Page 9 COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifiCally be addressed by the body taking final action on the development proposal. The applicant has not submitted a development proposal for the subject property. Therefore, there is no analysis with respect to the City's Land Development Regulations. The subject property is not in a geographical area requiring review by the CRA (Community RedevelOpment Agency), DDA (Downtown Development Authority) and HPB (Historic Preservation Board). Courtesy Nofi;es: : Special courtesy notices were prOvided to the following homeOwners and civic associations: O PROD 13 Beach Properties Association 13 Via Marina HOA 13 Manor House 13 President'S Council Public Notice: Formal public notice has been provided to property owners v, fithin a 500'~ radius of the subject ~r°Perty. The plan~ing a~d z0~ing iD~Pa~nt h~ received, Se~al letters of OppoSition to' the propOsed rezoning~ Any further letters of suPPOrt or objection, if any, will be presented at the Planning .and zoning B~ard meeting; The rezoning from R-l-AA (Single Family Residential) to a straight RM (Multiple Family Residential -Medium Density) designefion is not consistent with the policies of the C°mprehensive Plan artd Chapter 3, or LDR Section 3.2.2 of~the Land Development Regulations~ Positive findings can be made with respe~ to LDR Section 2.4.5(D) (5) (Rezoning Findings), However, with the application of a suffix limiting the maximum density to 8 units per acre consistency with Chapter 3, LDR Section 3.2.2 and policies of the Comprehensive plan can be achieved~ With the suffix a finding that the proposed density is appropriate based upon the Future Land Use Map designations of the surrounding properties as well as the prevailing development pattern of the surrounding area can also be made. P & Z Board Staff Report Rezoning from R-l-AA to RM I=or Simmons Cay Page 10 Continue with direction. Recommend approval of the rezoning request from R-l-AA to RM-8 for Simmons Cay, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Recommend approval of the rezoning request from R-l-AA to RM for Sim__mons Cay, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Recommend denial of the rezoning request from R-l-AA to RM for Simmons Cay, based upon a failure to make positive findings with respect to Chapter 3, LDR Section 3.3.2, policies of the Comprehensive Plan and that the proposed density is not appropriate based upon the Future Land Use Map designations of the surrounding properties as well as the prevailing development pattern of the surrounding area. By motion: Recommend to the City Commission approval of the rezoning from R-l-AA to RM-8 for Simmons Cay, based upon positive findings with respect to Chapter 3, LDR Section 3.3.2,LDR Section 2.4°5(D)(5) policies of the Comprehensive Plan and based on a finding that the proposed density is appropriate based upon the Future Land Use Map designations of the surrounding properties as well as the prevailing development pattem of the surrounding area. Attachments: Lettem of objection · Locetion/Zoning Map Boundary Survey Prepared by: Scott Pape, Senior Planner RM SIMMONS CAY - REZONING - FROM: R-l-AA (SINGLE FAMILY RESIDENTIAL) TO--.-'- RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) N. OCEAN BLVD. SUBJECT AREA Message Page 1 of 2 Pape, Sco~ From: Tran, Nguyen Sent: Wednesday, October 15, 2003 2:30 PM To: Heussi, Loretta; Pape, Scott; Dorling, Paul Subject: FVV: Letter to City of Delray re rezoning.doc This e-mail was sent to our department's mailbox. Nguyen ---Original Message---- FrOm: Elegant Home Products [mailto:elegantmarble~hotmail.com] Sent: Wednesday, October 15, 2003 8:30 AH To: pzmail@mydelraybeach.~om Subject: Letter to Ory of Delray re rezoning.doc Poludniak 1202 Vista Del Mar Drive Delray Beach, FL 33483 October 15, 2003 City of Dclray Beach 100 N. W. 1st Avenue Dclray Beach, FL 33444 Attn: Mr. Paul Dorling Planning Director RE: Proposed Rezoning File//2003-334 Dear Mr. Dorling: Last week we received a notice from your office with regard to a proposed zoning change on A1A. Please note that we are adamantly opposed to this change for various reasons as described herein~ First, the house that is currently located on Al A acts as a buffer to the single-family residences just north of this location. It is a hue line of demarcation thai helps make this single,family residential area whole. The change in the zoning will adversely affect the character and quality of our neighborhood. Second, rezoning this property, with subsequent multi-housing development, will certainly increase traffic in the area. This single-family residential urea is made up of numerous families with children. The children play in and uround the area. We already have substantial traffic moving down A1A and Andrews. This will only increase the same. Third, it is our understanding that the city staffis bound to preserve and protect the neighborhood. As a single example, multi-housing will cause additional burden in case of a need to evacuate the island. Message Page 2 of 2 Logic suggests that a change of zoning on this location will not forward this city policy. Last, we moved here three years ago. What drew us to this area of town was the tree ambiance of a "Village by the Sea." It appears clear to us that any action that would be taken to rezone the property would deteriorate this reality. Sincerely, Steve and Monica Poludniak RECEIVED Message Page 1 of 2 Dorling, Paul From: Tran, Nguyen Sent: Wednesday. October 15. 2003 2:30 PM To: Heussi, Loretta; Pape. Scott; Deding, Paul Subject: FW: Letter to City of Delmy m rezoning.doc This e-mail was sent to our department's mailbox. Nguyen Original Message From: Elegant Home Products [mallto:elegantmarble~hotmaiLcom] Sent:. Wednesday, October 15, 2003 8:30 AM To: pzmail@mydelraybeach.com Subject: Letter to Clry of Delray re rezoning.dec Poludniak 1202 Vista Del Mar Drive Delray Beach, FL 33483 October 15, 2003 City of Delray Beach 100 N. W. 1st Avenue Delray Beach, FL 33444 Attn: Mr. Paul Dorling Planning Director RE: Proposed Rezoning File//2003-334 Dear Mr. Dorling: Last week we received a notice from your office with regard to a proposed zoning change on AIA. please note that we are adamantly opposed to this change for various reasons as described herein. First, the house that is currently located on AIA acts as a buffer to the single-family residences just north of this location. It is a true line of demarcation that helps make this single-family residential area whole. The change in the zoning will adversely affect the character and quality of 0ur neighborhood. Second, rezoning this property, with subsequent multi-housing development, will certainly increase traffic in the area. This single-family residential area is made up of numerous families with children. The children play in and around the area. We already have substantial traffic moving down AIA and Andrews. This will only increase the same. Third, it is our understanding that the city staff is bound to preserve and protect the neighborhood. As a single example, multi-housing will cause additional burden in case ora need to evacuate the island. 10/16/2003 Message . Page 2 of 2 Logic suggests that a change of zoning on this location will not forward this city policy. Last, we moved here three years ago. What drew us to this area of town was the ~'ue ambiance of a "Village by the Sea." It appears clear to us that any action that would be taken to rezone the property would deteriorate this reality. Sincerely, Steve and Monica Poludniak 10/16/2003 OCT 15 2003 IO:OIR~ HP LASERJET 3200 p-I Harold & Mary Kflpatrick The Dm-c~ster 200 North Ocean Boulevard Apartment lO-North Deiray Beack Florida 33487 Wednesday, October ~, 2003 Mr. Seoit Pape Phu~ng v Zoos ~ City of Dclray Beach 100 Northwest !~:Avenue Delray ~e~cl~, FlorJ~ 33444 Tke proposed re-zoning of properly at 222 North Oce~ Boulew~rd in Delray Beack Via Fax: (~61) 243-7221 As residents of Apa~tu~nt 10-No~h in the Dorchester located at 200 Noah Ocean Boulevard in Dclray Beach, which is next to and ovcdooks the property referenced above, my wife and 1 are very much opposed to changing the zoning from single family to multi-family for the 222 NoMh Ocean parcel. This parcel is the beginning of an area in which' many large and exp~ve estate homes are located. We do not believe th~, multi-fnmily "fi'inge devek~pment' should be allowed in this area under any circumstances. We appreciate your considcrm6on. Sincacly, Herold & Mary Kill~m'ick 'RECEIVED OCT ! 5 2003 LANNINu & ZONING 10/05/2003 12:57 5612763824 G~EENE PAGE 01 FA} To: RE: FR: This doo opp foll~ Pie GOO Dr. & Mr~ Bruce D. Greene 200 North Ocean Blvd- Apt. 10-S Delray Beach, F! 33483 561-272-1217 MEMO October 14, 2003 Paul Dorling~ Planning Di~'tor Delray Beae~t, 2003334 '~/" to the Dorchester on 222 South O~ean Blvd. We are very ~s.ed to changing the zoning to a multifamily dwelling for the wing reasons: will only add to the over density of the beach area and further ~ie the "Village by the Sea" atmosphere that has made ~elray Beach so special. ~his property is in a transitional zone between the Dorchester nd a beautiful old Delray single family home community. It eeds to remain a single family home to protect the current haracter of the community. 'otential noise & traffic Proble~ns from a density of this type. )etracting from & blocking the existing views bom the )orchester, which has existed for almost 30 years. se help us and our neighbors! Thank you for your anticipated ~eration. RECEIVED OCT 1 5 2003 PLAi MG &ZONmG Mr. Paul Dodiog 100 NW 1~ Avonuo 33~ Ootober 14,2003 I am writing you about file # 2003-334. I an conceal! about the negative impact this rezoning will haw on the character and thc quality of thc neighborhood my fam~ and I have lived in sinc~ 1987. This parcel of land is a transitio~l spoton AIA. It separates our neighborhood of single-family homes fi'om the Dorchester Co=Op, The Fast Wind Beach Club, Berkshire and so on further south. In the ~ of presoving and protecting my n~ighbo~ood in our "Village by tho Sea" I would like this proposed rezoning request to be denied. Thank you for your considet~o~ Respec~dly, 1225 Vista Del Mar Drive DeJray Beach, Florida 33483 RF~!~IED OCT 1 ~ 2003 PLANNING & ZONING OCT-14-L:~ 13:20 Mr. and Mrs. W. 'l~m~tall Searcy, 200 North Ocean Boulevard Delray Beach, FL 33483-7126 Tel: 5/;1 / 278-1029, email tsearcy~earcy, com P.01 October 14, 2003 Mr. Paul Dorling Planning Director City of Delray Beach Fax: 561-243-7221 RE: File//2003-334 De~Mr. Dofl~ My wife and I are totallY against rezoning the property at 222 North Ocean Boulevard from single family residential to multiple familY residential- medium density. We feel that such a change would d~traet from the "Village By The Sea" character of the neighborhood. We thought that this was a protected neighborhood and such a change we feel would adversely affect the area. If this property becomes mulfifamily medium density, then what about the property to its north and the next and the next. Before you know it we would have nothing but condos along the beach. Il'the house is tom down, are we go/ng to hayo another long term vacant on A1A? We certainly oppo~ this and think that any protracted construction project is a problem. We at the Dorchester just spent over $55,000 to have our building painted. We do not want to see this ruined by all the dirt such a project would generate To Prod Dm4in~ Ci~ ~ De'~y Besch, FI. I llve at 2(~) N. Ocean Blvd...,the honse next to u~ that you plan to m-zeno has been a eye sere since we moved in over 7y~ &go as we live on the North~ide of the bld~ on ~he 5a floor...the or, mi planning Imnrd should have looked ove~ the plans. ,.too big for the area. As far a~ the new pbn~...,.l think 5 unlt~ way too many that 3 would be what the propo~y calls for W~ change goes ns plnn~d....,As yo~ drive thru tho residonthl areas of Dulray you see so many multi units We have 3 vaconcies here in onr bldg for sule....l think the ~ea is belng built up too much. IMy wife's gra~ came in here in the W-inte~ 39 yrs or more(since dead) but my wife lived with them un V~ta Del mar.. ,.the house at the oce~*l nnd Vista Del mar on Noflh side is way out of llne for the neigMg~ood...if this change in pmpetXy next to u~ doe happen then corr~t plans for the hmmes dmUld fit in wi~h tho ueir, hlmdmod AS for ne~t dont.,..lfit does not go thru to keep it $1ngJe fitmily I suggost you keep thom in the io~ks of the Imtldin? that RECEIVED OCT 1 2003 PLANNING & ZONING P.O1 TOTAl_ P. 01 ~ECEIVED OCT 1 z~ ~003 PLANNING & ZONING 10/13/2003 23:58 FA~ 740 3353231 JUNK # JUNK ATYS ~]01 JUNK AND JUNK ATTORNEYS AT LAW 213 N. MAIN STREET WASHINGTON C.H., OHIO 43160 Ootober 14, 2003 Mr. Paul Doffing Plmming Director City of De/ray, FL 33483 Ref. File No. 2003-334 I have received notice of a hearing on a proposed rc-zonin~ of thc property known as 222 N. Ocean Blvd., Delray Bcach, Florida, from single family rc~denfial to multiple family residential. By this letter I would h~w to enter my disapproval of such rc-zonin~ for the following 1. It will greatly depreciate the value of my pr°Petty which lays immediately south of thc property seeking to be re-zoned. 2. The propen*y in question is the first of a series of single fnmily homes cx"u~dlng to Bush Blvd. Such a zoning change would detract from the character of the neighborhood. 3. The present building on Ihe lot in question is a multi-million dollar mansion. Any changes would lower the aesthetic character of AIA. 4. Thcrc has been great cffon to maintain AIA as a small village by thc sca. Zonin~ changes such as rcquested only takes away from thc small village atmosphcrc. 5. Such a zoning change would add to Waffic congefdon on A1A which is already a problem, 6. Such a zoning change .would only leave to further constmctinn on North Ocean Blvd. wh/ch l~s been n continuing nuisance for the past scvcral years. William M. lunk 200 N. Ocam Blvd. - AI~2 N RECEIVED OCT ! ~ ~003 DONALD S. ,JONES - RECEIVED ZONING PHONE NO. : Oct, 15 ~ 07:1~5t~p1 P1 Mr. and Mrs. Gerard L. Donnelly 200 North Ocean Blvd. Delray Beach, FL 33484 Mr. Paul Dorllng Planning Director City of Delray Beach, FL 33483 FILE ~2003-334 Dear Mr. Dorlin8, It has come to our attention that you are considerfng a new plan to rezone the property to the north of us at 222 North Ocean Blvd from the existing single famil~ zoning to multiple family zoning. We are extremely oppose~to this plan. We feel that the construction would have an adverse impact on the neighborhood, and ultimately on the city. We had thought that we were protected in our "Village by thc Sea". THis ia not Ft. Lauderdale; this is Delray Beach. Let's not spoil it! Thank you for giving this matter your very seriou attention. Most sincerely, Virginia Ives DonnelIy (Mrs. Gerard L. Donnelly) RECEIVED OCT I 6 2003 PLANHtNG & ZONING October 16, 2003 Planning and Zoning City Hall 100 NW 1 Avenue Delray Beach, FL 33444 Attention: Mr. Paul Dorling RE: Proposed Rezoning for Simmons Cay, Case #2003-334 Dear Mr. D~rling, This letter is in ~eference to request for rezoning for the above-referenced property that is scheduled for the October 20, 2003 meeting of the Planning and Zoning Board. We own a house on the south side of Vista Del Mar Drive, which is just to - the northwest of the subject property within the same city block. Any changes to the zoning for a property in such close proximity to our house must be examined in the light of the potential impact to the neighborhood as a whole as well as the individual houses. · The subject property is the northemmost piece in the immediate vicinity with the underlying "multiple-family" land use designation. Any consideration of rezoning must consider how essential some type of transitional area is between the areas of higher and lower intensity. Changing of zoning to a designation which would allow as many as 16 dwelling units would undoubtedly result in a complete disregard for any necessary transition between the single and multiple family districts. We trust that any and all recommendations made by both the staffand the .- Planning and Zoning Board would be in keeping with the scale of the single' family neighborhood to the north. Please put our concerns on record that we are opposed to this rezoning request, and please forward this letter to the Planning and Zoning Board and the City Commission. Sincerely, Leigh and Gwen Gove 1222 Vista Del Mar Drive Delray Beach, FL OCl 17 Dorlin~, Paul From: Sent: To: Subject: SHilarie@aol.com Wednesday, October 15, 2003 12:51 PM Dorling@mydelraybeach.com Re: Rezoning itemfY2003-334 Dear Mr. Dorling, Please see this letter as my family's opposition to the proposed rezoning of the above-referenced item. The zoning from multi to single several years ago was the best thing that could have happened to our neighborhood. THis area borders one of the most desirable Neighborhoods in the city and directly borders Vista Del Mar, which is considered to be the lovliest residential street in town. Increased density is only a good thing for the developer. Unfortunately, Mr. Simmons spec home became a white e~ephant and he has been unable to unload it for many years for reasons completely resting on his shoulders personally. This project was one of many he built on speculation that did not achieve his desired goals. A shame for him, but should it become a problem for the rest of the neighborhood? Should rezoning be a tool for an individual who has problems? I also believe it would effect our property values adversely. Most of the south side of Vista backs up to the Simmons' property. A single family neighborhood that shares a property line with a multi family/ higher density project is much less desirable than one that is attached to another single family home lot. Higher density is not in the best interest of the neighborhood. It would only be in the best interest of the developer. It certainly doesl not help residential neighborhood keep and enhance its character. any As a lifelong resident, keeping the small town feel is close to my heart. But from the eyes of newer residents, this 'Village by the Sea' ideal is what so many are searching for. Hence, our new popularity. If we keep piling more and more density into the neighborhoods, what makes us any different from the overcrowded places from which people are departing? Please do what you can to preserve what is left of my charming hometown. Thank you so much for your time and attention in this matter. Sincerely, Mr. and Mrs. Roger P. Hurlburt 1230 Vista Del Mar Drive Delray Beach, F1 33483 Page 1 of I Dorling, Paul From: pduanedb [pduanedb@bellsouth.net] Sent: Wednesday, October 15, 2003 8:04 PM To: doding@mydelraybeach.com Subject: Case fi~20033-334 Dear Mr. Doffing Late yesterday I wes informed of the plan of the owner of this property to demolish the existing house and build town houses on the property. Neighbem are very upset because this is a single-family plot with very upscale homes in the nearby area. Town houses would be an undesirable impacfion to the neighborhood and be contrary to the "Village by the Sea" concept.. Concerned ama resident, Patricia B. Duane 1020 Vista del Mar Ddve Outgoing mail is certified Virus Free. Checked by AVG anti-vires system (http:/Avww.,qfiseff.com). Version: 6.0.515 /Vires Database: 313 - Release Date: 9/1/2003 Page 1 of I Dorling, Paul From: Bemard Dahlem [b.dahlem@mindspdng.com] Sent: Wednesday, October 15, 2003 11:57 AM To: doding@mydefraybeach.com Subject: Rehearing Public Notice #949 Good Morning Paul, I received the above notice by mail and will be unable to attend the Board of Adjustment Public Hearing Thumday October 16, 2003 because I wont be in Delray until the 18th. My home is within 500 feet of the request from Mr. & Mrs Levin of 900 Melaleuca Road. I very strongly object to the reduction of their sideyard setback from 12 feet to 3 feet 4 inches. This is absolutely rediculous. Setbacks should never be such that neighbors walls can be a mere 6 feet 8 inches apart anyplace in Delray. I would object to such a request anywhere in the City. In the Seagate area, where the height of homes have increased dramatically in recent years, the setback requirements should indeed be increased in order that there is a preporfionate amour of yard area to accommodate the larger homes and also to allow the necesary sunlight for shrubery to grow properly. Please log in my strong objection to any decrease in this side setbaclc Thanks. Bernard A. Dahlem 622 Sea Sage Drive Delray Beach, Florida 33483 561/272-6952 10/1 ~/2003 Message Page 1 of 2 Heussi, Loretta From: Tran, Nguyen Sent: Wednesday, October 15, 2003 2:30 PM To: Heussi, Loretta; Pape, Scott; Dorling, Paul Subject: FW: Letter to City of Delray re rezoning.doc This e-mail was sent to our department's mailbox. Nguyen I r=CEIVED OCT 1 5 2003 PLANNING & ZONING -----Original Message--- From: Elegant Home Products [mailto:elegantmarble~hotmail.com] Sent: Wednesday, October 15, 2003 8:30 AH To: pzmail@ myclelraybeach .corn Subject: Letter to City of Delray re rezoning.doc Poludniak 1202 Vista Del Mar Drive Delray Beach, FL 33483 October 15, 2003 City of Delray Beach I00 lq.'W. 1st Avenue Delray Beach, FL 33444 Attn: Mr. Paul Dorling Planning Director RE: Proposed Rezoning File//2003-334 Dear Mr. Dorling: Last week we received a notice from your office with regard to a proposed zoning change on A1A. Please note that we are adamantly opposed to this change for various reasons as described herein. First, the house that is currently located on AIA acts as a buffer to the single-family residences just north of this location. It is a hue line of demarcation that helps make this single-family residential area whole. The change in the zoning will adversely affect the character and quality of our neighborhood. Second, rezoning this properW, with subsequent multi-housing development, will certainly increase traffic in the area. This single-family residential area is made up ofnumerons families with children. The children play in and around the area. We already.have substantial traffic moving down AIA and Andrews. This will only increase the same. Third, it is our understanding that the city staff is bound to preserve and protect the neighborhood. As a single example, multi-housing will cause additional burden in case of a need to evacuate the island. Logic suggests that a change of zoning on this location will not forward this city policy. Message Page 2 of 2 Last, we moved here three years ago. What drew us to this area of town was the tree ambiance ora "Village by the Sea." It appears clear to us that any action that would be taken to rezone the property would deteriorate this reality. Sincerely, Steve and Monica Poludniak OCT ! 5 2003 ~])~__..,~~.~.~ PLANNING&ZONING 20O N. OCEAN BOULEVARD DELRAY BEACH, FLORIDA 33483 561-278-1500 October 15, 2003 Paul Dorling Planning Director City of Delray Beach File 2003~334 Dear Board Members: A~ you are aware the Dorchester immediately abuts 222 N. Ocean Blvd. for which we have just received notification a request for zor~g. I would like to s~rongly request that you postpone consid~adon of this matter until aH the surrounding property owners and other concerned taxpayers have been fully informed of this request. Your notices that you sent out still have not been received by some people who are out of state on vacation, business etc. Others including mysolf have only received the notice within the past few da~. This matter is obviously of critical importance to thc Dorchester and the neighborhood and we should be permitted time to consult with our attorney and prepare fo~ the actions that we may wish to make on this matter. I can see not possible reason for rushing this matter before your Board at the time of year when you know that many taxpayers are not present and readily available. I also noted some errors in your mater/al and again due to the importance of this matter, it is my belief that we should have received information that was 100% accurate. Again I would like to reiterate the importance to your constituency for having a reasonable amount of time to gather the necessary facts and information needed to make an intelligent decision. Very Truly Yours, RECEI\/ED OCT l 5 ZOO3 PLANNING & ZONING TriTe:II P_ R1 FROM : ~ ~NT~ FOg NO. : 3526878698 Oct. 15 ~ 04:03P~I al O~tober 15, 2003 Paul Dorling Planning and Zoning City of Delray Beach File 2003-334 I am a resident of the DowhestOr located at 200'N. Ocean Blv& Our ~roperty abuts 222 N. Ocean Blvd. I was just informed of the zoning request m change the single family -dwelling to multi family. I am one of those resident the President of put building wrote youabout lwasjustnofifiedofthese~equestsfrommywJfewhoisi.n. Mass- lam now on a business trip in New York ami had no knowledge of the matedal sent to everyone. I am one of those people who did not get your letter and I have to tell you that ' · you.lef~ us w/th very little I/me to resPOnd. I am requesting that the m'~eting be postponed until all res/dents are pro .p~rly not/fied of your rc, quesL I for one am against the multi family zoning request pJ~d~se add my letter along w/th all the others and make your decision to postpone the me~t/ng accordingly. As Mr. Policy stated, many residents that this dec/s/on would affect a/e either out of state on vacation or are out of the area for bus/ness. We should bav~ all been given more not/ce of this impend/ng rezoning severa! weeks in advance. Whh your notices going out, we were only allowediwo days in which to respond. That does not give anyone enough time to research the matter fully and gather all thc facts necessary. '- gN- Dorchester 2OO N. Ocean Blvd. Delray Beach TO: FROM: SUBJECT: ADOPTION OF COMPREHENSIVE PLAN AMENDMENT 2003-2 Comprehensive Plan Amendment 2003-2 was approved on first reading on August 5, 2003 and transmitted to the Florida Department of Community Affairs (DCA) for review. The amendment included the Wallace Drive Redevelopment Plan, two (2) City initiated Future Land Use Map amendments, one (1) privately initiated Future Land Use Map amendment, and two (2) minor text changes. A brief description of each item included in the Plan Amendment is attached. DCA staff reviewed the amendment and issued their Objections, Recommendations, and Comments (ORC) Report on October 10, 2003. The attached Planning and Zoning Board staff report contains a description of each of the objections and the recommended responses. In summary, the objections involved the need for additional data and analysis to support the Future Land Use Map changes proposed within the Southwest Neighborhood Area Redevelopment Plan and the Wallace Drive Redevelopment Plan. Although the Planning & Zoning Board Staff reports supporting the FLUM amendments did contain an analysis for Concurrency and the Planning & Zoning Board made the necessary findings, a more detailed analysis has been prepared for State review. The Planning and Zoning Board considered the ORC report and the recommended response at its December 15, 2003 meeting. The Planning and Zoning Board voted 4-0 (Chairman Sowards abstained; Pike and Krall absent) to recommend adoption of Comprehensive Plan Amendment 2003-2. By motion, approve on second reading, Ordinance No. 20-03, adopting Comprehensive Plan Amendment 2003-2, based on positive findings that it supports and furthers the Goals, Objectives and Policies of the Comprehensive Plan, and transmit the adopted amendment with the additional information in response to the ORC report to the Florida Department of Community Affairs. Attachments: · Summaryof Comp Plan Amendment 2003-2 · Ordinance 20-03 · Objections, Comments and Recommendations (ORC) Report · P & Z Board Staff Report (Response to ORC Report) · Comprehensive Plan Amendment2003~2 s:\planning & zoning\boards\city commission~2003-2 cc orc report.doc ORDINANCE NO. 20-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2003-2 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; .Al J. AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2003-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2003-2; and, WHERFakS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on July 21, 2003, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHE~S, after the above referenced public hearing, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 2003-2 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 2003-2 was submitted to and reviewed by the City Commission; and WHEREAS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 2003-2 was held by the City Commission on August 5, 2003, at which time it was authorized to be transmitted to the Department of Community Affairs for required review; and WHEREAS, Comprehensive Plan Amendment 2003-2 was found to be in compliance by the Florida Department of Community Affairs and no ORC (Objections, Recommendations & Comments) Report was issued; and WHEREAS, following due public notice, the second of two required public hearings on Comprehensive Plan Amendment 2003-2 was held on January 6, 2004, in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, indusive, known as the "Local Government Planning and Land Development Regulauon Act . Section 2. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 2003- 2, which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2003-2. 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 S. 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 the date a final order is issued by the Department of Community Affairs finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. 2 ORD. NO. 204)3 PASSED AND ADOPTED in regafiar session on second and final reading on this the day of ,2004. MAYOR City C~e~k First Reading Second Reading 3 ORD. NO. 20-03 WALLACE DRIVE INDUSTRIAL AREA REDEVELOPMENT PLAN The Wallace Drive Industrial Area is currently designated as Redevelopment Area #2. A redevelopment Plan for the area is required pursuant to Comprehensive Plan Future Land Use Element Policy C-2.3. The area is bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace on the west. TEXT AMENDMENTS: · Modification of Future Land Use Element Policy C-2.3 to Reflect Adoption of a Redevelopment Plan for Redevelopment Area #2 (Wallace Drive Industrial Area). · Creation of Future Land Use Element Policy C-'1.7 to Reflect Completion of a Neighborhood Redevelopment Plan for the Southwest Area. PRIVATELY INITIATED FUTURE LAND USE MAP AMENDMENT: Future Land Use Map Amendment for a 0.509 acre portion of Delray Harbor Club condominium development from TRN (Transitional) in part, and O$-C (Open Space- Conservation) in part, to MD (Medium Density Residential 5-12 du/ac), located on the east side of US Highway No 1, approximately 650 feet south of SE 10th Street. CITY INITIATED FUTURE LAND USE MAP AMENDMENTS: Future Land Use Map amendment for the Wallace Drive Redevelopment Area from RDA-2 (Redevelopment Area # 2) to CMR (Commerce) in part, IND (Industrial) in part, and CF-C (Community Facilities-Churches) in part, pursuant to the Wallace Drive Redevelopment Plan. Future Land Use Map Amendment from MD (Medium Density Residential 5-12 du/ac) to GC (General Commercial) for the following areas pursuant to the Adopted Southwest Area Neighborhood Redevelopment Plan: i) South of West Atlantic Avenue (and north of SW 1st Street), between SW 8th Avenue and SW 12th Avenue; ii) East and West sides of SW 5th Avenue, South of SW 1st Street; and, iii) Northwest Corner of SW 1st Street and SW 4th Avenue. JEB BUSH · . G~vernor~i STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home' COLLEEN CASTILLE ~ii ; : i seCretarY October 10~ 2003 ' : The Honorable Jeff Perlman, Mayor City of Delray Beach 100 N.W. First Avenue Delray Beach, Florida 3344a. Dear Mayor Perlman: The Department has completed its review 0fthe proposed comprehensive plan amendment for the City of Delray Beach (DCA 03-2), received on August 13, 2003. Based on Chapter 163, Florida Statutes, we prepared the attached Objections Recommendations and Comments Report (ORC), outlining our findings regarding the amendment. While the Department supports the City's redevelopment goals, we are concerned that the proposed land use designafiofis are not properly supported by the required data and analyses so that the full impact of the proposed development upon public facilities and transportation may be determined. It is particularly important that the City address the objections set forth in our review report so that the issues raised in the report can be resolved prior to adoption: We have also included copies of local, regional and state agency comments for your consideration~ I believe the concerns outlined in our report can be resolved. We are available to work with your staff to develop an approach to assist the City in responding to our report and developing an acceptable solution. For your assistance, we have attached with the ORC Report procedures regarding the final adoption and transmittal of the comprehensive plan amendment. Please contact Ken Metcalf, Regional Planning Administrator, or Caroline Knight, Planner, at (850) 922-1773, if we may be of further assistance. Sincerely, .. Director, D. i4ision of Community Planning VJPdck Enclosures: Objections, Recommendations and Comments Report Review Agency Comments ce: Mr. Paul Dorling, Director of Planning and Zoning, City of Dekay Beach RECEIVED 0CT 1 zl 2003 PLANNING & ZONING Mr. Michael Busha, Executive Director, Treasure Coast Regional Planning Council 2555 SHUMARD OAK BOULEVARD ° TALLAHASSEE, FLORIDA 32399-2100 Phone: (850) 488*8466/Suncom 278*8466 FAX: (850) 921*0781/Suncom 291-0781 Internet .address: http://www.dca.state.fl.us CRITICAL STATE CONCERN FI£LO OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT 2796 Ova'seas Highway, Suite 2] 2 2555 Shumard Oak Boulevard 2555 Shurnard Oak Boulevard 2555 Shumard Oak Boulevard Marathon, FL 330502227 Tallahassee. F~. 32399.2100 Tallahassee, FL 32399.2100 ~ Taflahassee, FL 32399-2100 DEPARTMENT OF COMMUNITY AFFAIRS FOR THE CITY OF DELRAY BEACH AMENDMENT 03-2 ~. . .. . DiVislon 0f c0mmun{~y plarming Office of Comprehensive Planning This report is prepared pursuant to Rule 9J-11.010, F.A.C. INTRODuCTIoN The following objections, recommendations and comments are based upon the Department's review of the City of Delray Beach proposed Comprehensive Plan Amendment (DCA 03-2) pursuant to Section 163.3184, F.S. Objections relate to specific requirements of relevant portions of Chapter 9J-5, F.A.C., and Chapter 163, Part II, F.S. Each objection includes a recommendation of one approach that might be taken to address the cited objection. Other approaches may be more suitable in specific situations. Some of these objections may have been raised initially by one of the other external review agencies. If there is a difference between the Department's objection and the external agency advisory objection or comment, the Department's objection would take precedence. objection will be considered addressed. The City of Delray Beach should address each of these objections when the amendment is resubmitted for our compliance review. Objections which are not addressed may result in a determination that the amendment is not in compliance. The Depmtment may have raised an objection regarding missing data and analysis, items which the City of Delmy Beach considers not to be applicable to its amendment. If that is the case, a statement justifying its non-applicability pursuant to Rule 9J-5.002(2), F.A.C., must be submitted. The Department will make a determination as to the non-applicability of the requirement, and if the justification is sufficient, the The comments which follow the objections and recommendations are advisory in nature. Comments will not form a basis for determination of non-compliance. They are included to call attention to items raised by our reviewers. The comments can be substantive, concerning planning principles, methodology or logic, as well as editorial in nature dealing with grammar, organization, mapping, and reader comprehension. Appended to the back of the Department's report are the comment letters from the other state review agencies, other agencies, organizations and individuals. These comments are advisory to the Department and may not form a basis for Departmental objections unless they appear under the "Objections" heading in this report. OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT PRO 'OSEn COMPREm SIV AMENDMENT : : CITY OF DELRAY:BEACH (DCA 03-2) I. CONSISTENCY WITH CHAPTER 163, F.S., and RULES 9J-5 & 9J-11, F.A.C. The Department has completed its review of the proposed amendment to the City of Delray Beach Comprehensive Plan (DCA 03-2). The amendment includes three changes to the Future Land Use Map (FLUM) and text changes to the Future Land Use Element (FLUE). The Department has the following objections: Fnture Land Use Map Amendments: Wallace Drive Redevelopment Area Southwest Area Neighborhood Redevelopment Area. 1. Objection: Insufficient Data and Analysis and Internal IncOnsistency. The City has not supplied sufficient data and analysis to demonstrate that adequate levels of service for public facilities will be maintained for the proposed Future Land Use Map amendments for the Wallace Drive Industrial Redevelopment Area and the Southwest Neighborhood Redevelopment Area? It is therefore difficult to determine the impacts of the proposed development upon public facilities~ For example, the traffic impact of Potential development upon Linton Boulevard, which is currently operating at LOS 'E' between Wallace Drive and Interstate 95, needs to be addressed. Additionally, these amendments are internally inconsistent with Delray Beach Land Use Element Policy A.1.7. This policy requires that FLUM amendments be supported by "...data and analysis that demonstrate compliance with these findings...Concurmncy- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standard." [Rule 9J-5.005(2)(a), 9J-5.005(5)(a), 9J-5.006(3)(c)3, 9J-5.019(3)(a) and (f), F.A.C., and Section 163.3177(2) and (10)(h), F.S.] Recommendation: Thc City should provide'data and analysis, based on the maximum allowable devel6pment intensities, for the FLUM designations to support the proposed amendments. The City should · .. ensure that the proposed amendments are internally consistent by supplying data and analysis i ::5: i' 'dem°nstmting that ad0pted'levei~ 0fservice wii! be maintained~ : : i i :i ;' · ' 1. Provide data and analysis for the availability of all public facilities based upon the maximum allowable development intensities for the proposed FLUM designations. The City should then analyze those services and make a determination that sufficient capacity exists, with no lowering of an adopted LOS, to provide essential services based upon the maximum extent of potential development allowed. 2. Provide traffic analysis, based upon the most recently available data, to addsess the peak- hour, peak direction, roadway level of service standards, and to determine the impact of these amendments upon the Florida Intrastate Highway System. H. CONSISTENCY ],~l'l'lt TH~ STATE COi~,]]~RF,,H I~,NSIVE PLAN The City of Delray Beach's proposed Comprehensive Plan amendment does not adequately address and further the following goals and policies of the State Comprehensive Plan Chapter 18~, Florida Statutes: (16) Land Use, Goal (a) and Policy b.5. (20) Transportation, Policy b.3, and b.9. (18) Public Facilities Goal (a), and Policy b. 1. Recommendation: The City should revise the proposed amendment to be consistent with the State Comprehensive Plan (see specific objections, comments and recommendations included in this report). TRANSMITTAL PROCEDURES Upon receipt of this report, the City of Delray Beach has 60 days in which to adopt, adopt with · change~, or det~6 not to adopt th~ Proposed amendme~t~ The pr0ce~s for adoptio~ of l°c~l: · cOmPrehensive Plan am~ndments i§ Outlined in SeCtion 163.3184, F:S2, and Rule 9JZl 1 i0 i l, F:A.c! Within ten working days °fthe date of adoption, the City must submit the following to the Department: Three copies of the adopted Comprehensive plan amendment; A copy of the adoption ordinance; A listing of additional changes not previously reviewed; A listing of fmdings by the local governing body; if any, which were not included in the ordinance; end A statement indicating the relationship of the additional changes to the Departmer/tts ObjectionS, Recommendations end Comments Report. · The above amendment end documentation are required:for the Department to conduct a compliance review, make a compliance determination and issue the appropriate notice of intent. In order to expedite the regional planning council's review of the amendment, and pursUant to Rule 9J-I 1.011(5), F.A.C., please provide a copy of the adopted amendment directly to Michael Busha, Executive Director of the Treasure Coast Regional Planning Council. · : we encourage that the informatiOn sheet be provided in electronic format} ' Please be advised that the Florida Legislature amended Section 163.3184(8)(c), F.S., requiring the Department to provide a courtesy information statement regarding the Department's Notice of Intent to citizens who fumish their names end addresses at the local government's plen amendment transmittal (proposed) or adoption hearings. In order to provide this courtesy information statement, local governments are required by the law to furnish the names and addresses of the citizens requesting this information to the Department. Please provide these required names and addresses to the Department when you transmit your adopted amendment package for compliance review. In the event no names and addresses are provided, please supply this information as well. For efficiency, MEETING OF: AGENDA ITEM: DECEMBER 15, 2003 V.A CONSIDERATION OF THE ORC (OBJECTIONS, RECOMMENDATIONS AND COMMENTS) REPORT REGARDING COMPREHENSIVE PLAN AMENDMENT 2003-2. The item before the Board is that of forwarding a recommendation to City Commission regarding the ORC report from the State Department of Community Affairs (DCA) addressing Comprehensive Plan Amendment 2003-2. Comprehensive Plan Amendment 2003-2 was transmitted to the Flodda Department of Community Affairs (DCA) for review following a public hearing held by the City Commission on August 5, 2003. This meeting was also the first reading of the Adoption Ordinance (No. 20-03). The items which are included in the Plan Amendment are summarized below and include the adoption of one (1) Redevelopment Plan, one (1) Privately Initiated Future Land Use Amendment, two (2) City Initiated Future Land Use Map Amendments and two (2) City-initiated text amendments. A full copy of the Comprehensive Plan amendment, previously approved by the Board is attached for your review. WALLACE DRIVE INDUSTRIAL AREA REDEVELOPMENT PLAN The Wallace Drive Industrial Area is currently designated as Redevelopment Area #2. A Redevelopment Plan for the area is required pursuant to Comprehensive Plan Future Land Use Element Policy C-2.3. The area is bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace on the west. PRIVATELY INITIATED FUTURE LAND USE MAP AMENDMENT: Future Land Use Map Amendment for a 0.509 acre portion of Delray Harbor Club condominium development from TRN (Transitional) in part, and OS-C (Open Space- Conservation) in part, to MD (Medium Density Residential 5-12 du/ac), located on the east side of US Highway No 1, approximately 650 feet south of SE 10th Street. CITY INITIATED FUTURE LAND USE MAP AMENDMENTS: · Future Land Use Map amendment for the Wallace Drive Redevelopment Area from RDA-2 (Redevelopment Area # 2) to CMR (Commerce) in part, IND (Industrial) P&Z Board Staff Report V.A. Consideration of ORC Report 2003-2 Page 2 in part, and CF-C (Community Facilities-Churches) in part, pursuant to the Wallace Drive Redevelopment Plan. Future Land Use Map Amendment from MD (Medium Density Residential 5-12 du/ac) to GC (General Commercial) for the following areas pursuant to the Adopted Southwest Area Neighborhood Redevelopment Plan: i) South of West Atlantic Avenue (and north of SW 1st Street), between SW 8th Avenue and SW 12th Avenue; ii) East and West sides of SW 5th Avenue, South of SW 1st Street; and, iii) Northwest Corner of SW 1st Street and SW 4th Avenue. TEXT AMENDMENTS: Future Land Use Element Modification of Future Land Use Element Policy C-2.3 to Reflect Adoption of a Redevelopment Plan for Redevelopment Area #2 (Wallace Drive Industrial Area). Creation of Future Land Use Element Policy C-'1.7 to Reflect Completion of a Neighborhood Redevelopment Plan for the Southwest Area. DCA staff reviewed the amendment and issued the attached Objections, Recommendations, and Comments (ORC) Report on October 10, 2003. The ORC report contains two objections, one dealing with insufficient data and analysis to support the two City initiated FLUM amendments and the other dealing with consistency with the State Comprehensive Plan. Planning and Zoning staff has reviewed the objections and has had phone conversations with the staff of DCA to discuss the issues. The following is a description of the objections and the recommended response. ORC Objection # 1- Insufficient Data and Analysis and Internal Inconsistency. The City has not supplied sufficient data and analysis to demonstrate that adequate levels of service for public facilities will be maintained for the proposed Future Land Use Map amendments for the Wallace Drive Industrial Redevelopment Area and the Southwest Neighborhood Redevelopment Area. It is therefore difficult to determine the impacts of the proposed development upon public facilities. For example, the traffic impact of the potential development upon Linton Boulevard, which is currently at LOS 'E' between Wallace Drive and Interstate 95, needs to be addressed. Additionally, these amendments are internally inconsistent with De/ray Beach Land Use Element Policy A. 1.7. This policy requires that the FLUM amendments be supported by "... data and analysis that demonstrate compliance with these findings... Concurrency-Development at the highest intensity possible under the requested designation can meet the adopted concurrency standard." [Rule 9J-5.005(2)(a), 9J-5.005(5)(a), 9J-5.006(3)(c)3, 9J- 5.019(3)(a) & (0 F.A.C., and Section 163.3177(2) and (lO)(h), F.S.] P&Z Board Staff Report V.A. Consideration of ORC Report 2003-2 Page 3 Response: The Planning & Zoning Staff report did contain an analysis for Concurrency and the Board made the necessary findings. The recommended response is to provide the State with additional detail supporting the findings. FLUM Amendment for the Wallace Drive Redevelopment Area: The FLUM amendment is being made to implement recommendations contained in the Wallace Drive Redevelopment Plan, prepared pursuant to the following Comprehensive Plan Future Land Use Element Policy: Policy C-2.3: The following pertains to the Wallace Ddve Industrial Area: This area shall be primarily industrial (LI Zoning) with an emphasis on commerce uses (PCC, MIC zone districts). The City, through its water and sewer capital improvement program, shall install water and sewer mains throughout the area. Unimproved and underimproved rights-of-way shall be abandoned when it facilitates the aggregation of parcels and larger scale development provided that the fight-of-way is not essential for traffic flow purposes. Support uses for the existing automobile dealership uses are encouraged. All commercial uses shall be allowed with the exception of "strip-type" development along Wallace Drive which is not desired because of traffic conflicts along this collector street. In 1992, water and sewer mains were installed throughout the area to ensure that it would be prepared for future development, in the mid 1990's, SW 10th Avenue was extended northward to SW 10th Street and Wallace Drive was realigned to connect to SW 10th Avenue. The City acquired over 1~ acres of land to accomplish the extension and realignment. A portion of the property, east of Wallace Drive, was excavated to provide storm water detention for the area. Even with these improvements, the recession of the early 90's hindered development in the area until the economy recovered later in the decade. The existing FLUM designation of RDA-2 was placed on the property as a temporary measure until a redevelopment plan could be completed for the area and permanent FLUM designations assigned. It is important to note that the RDA-2 designation did not prohibit development prior to completion of the redevelopment plan. Pursuant to Future Land Use Element, Policy C-2.1, "... development within the area can proceed without the implementation of a redevelopment plan on its own merits with the existing zoning and policies of the Comprehensive Plan guiding the disposition of the request." When developers began to aggregate smaller properties in this area for redevelopment in the late 1990s, this policy required the City to evaluate projects for their consistency with what was expressed for the area in Future Land Use Element Policy C-2.3, (primarily industrial (LI Zoning) with an emphasis on commerce uses (PCC, MIC zone districts). The City approved the construction of seven new light industrial projects under this policy between 1997 and 2003, one of which, a warehouse, is currently under construction on Wallace Drive. Comprehensive Plan Amendment 2003-2 includes changes to Future Land Use Element Policy C-2.3 to acknowledge the adoption of the Redevelopment Plan for the P&Z Board Staff Report V.A. Consideration of ORC Report 2003-2 Page 4 area, and to require that all future development be in compliance with the adopted plan. The amended Policy is stated as follows: Policy C-2.3: The following pertains to the Wallace Drive Industrial Area: The Wallace Drive Redevelopment Area is bordered by SW lOth Street on the north; Mi/fred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace on the west. The area had developed under County jurisdiction into a mix of incompatible land uses with limited public infrastructure and little or no code enforcement. The Redevelopment Plan encourages the development of light industrial, limited commercial and off/ce uses in an urban setting. The Wallace Drive Industrial Area Redevelopment Plan was adopted by City Commission on January 6, 2003. The Plan establishes proposed land use designations for the Redevelopment Area. Future development must be in accordance with the provisions of the Redevelopment Plan. Aggregation of parcels is encouraged throughout the Redevelopment Area to accommodate unified development. Since Policy C-2.3, as amended, requires all future development to be in accordance with the Redevelopment plan, the maximum development potential for properties in the redevelopment area will be the maximum allowed under the zoning designations set in the Plan. Pursuant to the redevelopment plan, 75.1% of the redevelopment area will retain its existing zoning designation with permanent FLUM designations assigned to support the zoning (see table below). This includes forty-five (45) parcels (20.39) acres that will remain MIC (Mixed Industrial & Commercial), one (1) parcel (0.68 acres) that will remain I (Industrial) and one (1) parcel (4.02 acres) that will remain CF (Community Facilities). As stated eadier, under Policy C.2.1, properties in the redevelopment area could be (re)developed under the existing zoning prior to adoption of the Redevelopment Plan and the proposed FLUM changes. This means that, until the redevelopment plan is adopted, the maximum development potential for properties in the area is the maximum allowed under the existing zoning designations. Therefore, the potential development intensity for the forty-seven (47) properties retaining their existing zoning is unaffected by the proposed FLUM designations. Table 1: Existing and Proposed FLUM and Zoning Designations Wallace D~ive Redevelopment Ama CMR (Commerce) MIC (Mixed Industrial MIC (Mixed Industrial & 20.39 & Commercial) Commercial) IND (Industrial) I (Industrial) I (Industrial) 0.68 CMR (Commerce) I (Industrial) MIC (Mixed Industdal & 0.67 RDA-2 Commercial) (Redevelopment Area 2) CMR (Commerce) R~I-A (Residential LI 8.52 Single-Family CF CF CF 4.02 (Community Facilities (Community Facilities) (Community Facilities) - Churches) Total Land Ama 34.28 P&Z Board Staff Report V.A. Consideration of ORC Report 2003-2 Page 5 Of the thirty-eight (38) parcels that are being rezoned, thirty-six (36) parcels (8.52 acres) will be rezoned from R-1-A (Single Family Residential) to LI (Light Industrial) and two (2) parcels (0.67 acres) will be rezoned from I (Industrial) to MIC (Mixed Industrial & Commercial). Both of these zoning districts allow a limited retail component (25% of total floor area within the MIC zoning district and 10% within the LI zoning district. The rezoning from R-1-A to LI represents the major increase in potential intensity in the area, with a potential for 169,884 of Industrial development and a 16,988 sq. ft retail component. Although the rezoning of the two (2) parcels from (I) Industrial to MIC (Mixed Industrial & Commercial) will also constitute an increase in development potential due to the added 25% retail component, the overall change will be minor. The total maximum development potential is summarized in the table below. The maximum developable area of the R-1-A zoned property is 7.8 acres (8.52 acres less the SW 10th Avenue roadway extension). It should be noted that although redevelopment of the City's storm water detention areas is highly unlikely, it is not impossible. Therefore, this area has not been subtracted from the total land area and will be included in the analysis. Table 2: Existing and Proposed Maximum Development Potential Wallace Drive Redevelopment Area (parcels being mzoned) RDA-2 / I (0.67 acres) RDA-2 / R-1-A (7.8 acres) TOTAL 14,626 sq. ft. Industrial (100%) (based on 50% max. building lot coverage) 39 single family units (5 units per acre max) 14,626 sq. ft. Industdal 39 sin~lle family units CMR / MIC (.67 acres) CMR / LI (7.8 acres) TOTAL 10,970 sq. ft. Industrial (75%) 3,656 sq. ft. Retail (25%) (based on 50% max. building lot ceveracje) 169,884 sq. ft, Industrial (90%) 16,988 sq, ft. Retail (10%) (based on 50% max. building lot covera~le) 180,854 sq. ft. Industrial 20,644 sq. ff. Retail A discussion of the impacts associated with the increase in development potential for these areas is given below. It is important to note that the future development of the Redevelopment Area for Industrial and Commerce uses has been anticipated since its annexation in 1988. Moving toward this goal, the City initiated Comprehensive Plan Future Land Use Element Policy C-2.3, calling for this type of development pattern and made substantial infrastructure improvements during the 1990s to prepare the area for future development. Water & Sewer: Water and Sewer mains were extended throughout the area in 1992 and service is available to all properties within the area. Mains were sized accordingly to handle the future redevelopment of the area for Industrial uses and the need for increased treatment capacity has been anticipated. The adopted LOS standards for the City's Water Treatment System are water usage of 195 gallons per person per day, with a raw water pumping capacity of 22.4 million gallons per day and water treatment plant capacity of 28 million gallons per day. The P&Z Board Staff Report V.A. Consideration of ORC Report 2003-2 Page 6 current estimate for demand at the city's build-out population of 75,000 is 18.3 million gallons per day. Public Facilities Element Objective C-4 states: Potable water distribution system capacity is available to all areas within the City's service area. Installation of facilities shall be programmed when the need is demonstrated. The adopted LOS standards for the City's Wastewater Treatment System are generation inflow of 160 gallons per person per day, with the treatment plant design capacity of 21 mgd average / 30 mgd peak, split equally between the City of Delray Beach and the City of Boynton Beach. The current estimate for demand at the City's build-out population of 75,000 is 9.05 mgd. Public Facilities Element Objective C-3 states: Wastewater collection system capacity is available to all areas within the City's service area. Installation of facilities shall be programmed when the need is demonstrated. Since adequate capacity is available in the City's water and wastewater systems to meet the increased demand, the proposed FLUM amendments will not impact the level of service standard for these facilities. Draina.qe: The adopted LOS standards for drainage is the SFWMD standard of retention of the first one inch of runoff or 2.5 inches of water storage times the percentage of impervious area. Local and City-wide drainage deficiencies are identified in the Stormwater Master Plan (Kimley-Horn, 2000). The City has programmed projects to correct the deficiencies identified in this report and achieve the Level of Service standard. Public Facilities Element Objective E-1 states: A capital improvement program directed specifically to storm drainage and runoff management has been adopted by the City Commission, and capital projects, as identified in that program, shall be implemented with funding to come from the Stormwater Utility Fee. There are two City storm water detention areas located in the north half of this area, on either side of SW 10th Avenue. Drainage is reviewed during the site plan application process for individual projects. For the nonresidential types of development permitted under the FLUM amendment, drainage is usually accommodated on site via ex'filtration trench systems and/or storm water detention areas. There are no problems anticipated with obtaining South Florida Water Management Distdct permits within the area and the additional impacts caused by the increased impervious area will not affect the level of service. Parks & Recreation and Education (School Concurrency): Non-residential uses do not create a demand for Park & Recreation or Education services, therefore, the maximum potential impact on these facilities will decrease when the residential property is rezoned to LI (Light Industrial). P&Z Board Staff Report V.A. Consideration of ORC Report 2003-2 Page 7 Solid Waste: As shown in the following table, the FLUM amendment and rezoning will result in a maximum potential impact of 530.3 tons per year, an increase of 418.3 tons/year. The increased solid waste generated by the maximum development potential for this area can be accommodated by existing facilities. In its annual capacity letter, dated January 14, 2003, the Solid Waste Authority indicates that it has sufficient capacity for concurrency management and comprehensive planning purposes. As stated in the letter, "Capacity is available for both the coming year, and the five and ten year planning periods specified in 9J-5-005(4)." Based on population and waste generation rate projections, the Solid Waste Authority forecasts that capacity will be available at the existing landfill through approximately the year 2021. Table 3: Existing and Proposed Maximum Development Potential Solid Waste Generation Wallace Drive Redevelopment Area 39 S. Family Homes @ 1.99 tons/year = 77.6 tons/year I 180,854 sq. ft. Industrial @ 4.7 lbs/sq, ft. = 425 tons/year 14,626 sq. ft. Industrial @ 4.7 lbs/sq, ft.= 34.4 tons/year I 20,644 sq. ft. Retail @ 10.2 lbs/sq, ft. = 105.3 tons/year Total Maximum Impact: 112 tons/year I Total Maximum Impact: 530.3 tons/year Traffic: Table 4, below provides the PM peak hour trip generation rates for the existing and proposed maximum development potential for the area. Table 4: Trip Generation Comparison Wallace Drive Redevelopment Area As shown in the table, the maximum potential development intensity possible with the FLUM amendments would generate an additional 225 peak hour trips. The link analysis is given in the following table: P&Z Board Staff Report V.A. Consideration of ORC Report 2003-2 Page 8 Table 5: Link Analysis Wallace Ddve Redevelopment Area The table indicates that the peak hour capacity for Linton Boulevard has been exceeded, prior to inclusion of the traffic impacts generated by the proposed development. SW 10th Street is currently operating well above the maximum threshold for level of service "D" (2,770 trips). The peak hour capacity of this roadway will not be exceeded by the additional traffic generated by the projected development intensity. To put these figures in perspective, the following is noted: Although the proposed zoning districts allow a limited retail component (25% of total floor area within the MIC zoning district and 10% within the LI zoning district), the retail associated with this type of development, is unlikely to meet this threshold and is usually very specialized and involves items associated with the primary industrial use (showrooms, etc). Since this type of retail development is not included in the ITE Trip Generation Manual, higher figures associated with more generalized shopping center were used. Therefore, it is likely that the traffic associated with the specialty retail component in the industrial park setting will be much less than indicated. Thus, the potential impacts on the surrounding roadways will decrease accordingly. The City's storm water detention areas have been included in the land area use to calculate maximum development potential. It is unlikely that these areas will ever be redeveloped. These parcels, totaling 2 acres in size, have a potential for 43,560 sq. ft. of development. Eliminating these parcels from the traff~c impact calculations would reduce the peak hour trip generation from 225 to 177 trips, a 21% reduction. The methodology used to calculate the maximum impacts suggests that the property will be developed as one unified development. This is not the case. Two of the properties are not contiguous and there are thirteen separate owners involved. While some aggregation is anticipated, it is likely that some of the parcels will be developed individually. Since Linton Boulevard is operating at Level of Service "E", individual projects are limited to a maximum impact of 1% on the link. While the traffic impact for the maximum development potential for the property as a whole exceeds this threshold, it is unlikely that real life individual projects will do so. All new development or redevelopment must meet traffic concurrency and comply with the Palm Beach County Traffic Performance Standards ordinance. A traffic study is required during the Site Plan Review process to determine if there is adequate capacity on the surrounding roadway network to accommodate new P&Z Board Staff Report V.A. Consideration of ORC Report 2003-2 Page 9 trips generated by a new development or change of use. Impact fees are assessed for each new trip generated and are collected prior to issuance of a building permit. Proposed development exceeding the thresholds will have to be reduced in intensity or its impacts will have to be mitigated. FLUM Amendment - Southwest Neighborhood Redevelopment Area The properties in question are located within the Southwest Area Neighborhood. Guidelines for redevelopment of this area are contained within the recently adopted Southwest Area Neighborhood Redevelopment Plan as well as the West Atlantic Avenue Redevelopment Plan (adopted in 1995) and Downtown Delray Beach Master Plan (adopted in 2002). Comprehensive Plan Amendment 2003-2 includes the addition of Future Land Use Element Policy C-1.7 to acknowledge the adoption of the Redevelopment Plan for the area, and to require that all future development be in compliance with the adopted plan. The Policy is stated as follows: Polic¥C-1.7: The fo/lowing pertains to the Southwest Neighborhood Redevelopment Area: This area is generally defined as the area bounded by West Atlantic Avenue on the north, SW I0th Street on the south, Interstate 95 on the west, and Swinton Avenue on the east. Many of parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas sen/e to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The Southwest Area Neighborhood Redevelopment plan calls for mixed commercial, office and residential development south of the retail core along West Atlantic Avenue, between SW 8th Avenue and SW 12th Avenue (Northwest Quadrant). The Plan also calls for significant redevelopment of properties along SW 5th Avenue, south of SW 1st Street, and the area west of SW 4th Avenue, north of SW Ist Street to include neighborhood oriented retail and office uses, as well as a variety of housing types (Frog Alley area). The proposed FLUM and Zoning changes to GC (General Commercial) will accommodate mixed-use development as well as neighborhood oriented commercial development consistent with the adopted Neighborhood Redevelopment Plan. The P&Z Board Staff Report V.A. Consideration of ORC Report 2003-2 Page 10 highest intensity possible under the requested GC FLUM designation will be mixed-use development consisting of commercial retail and residential uses at a maximum density of 30 units per acre. The maximum development potential for existing and proposed FLUM designations is summarized in the following table: Table 6: Existing and Proposed Maximum Development Potential Southwest Neighborhood Redevelopment Area MD / RM 53 multiple-family units GC / GC (4.45 acres) (12 units per acre max) (4.45 acres) As shown in the table, the mixed-use development scenario would allow a total of 133 units (4.45 acres x 30 u/a), which represents an increased residential development potential of 80 additional units over those currently allowed under the existing MD (Medium Density 5-12 du/ac) FLUM designation (4.45 acre X 12 u/a = 53). Based on the development history in this area, the maximum development intensity for nonresidential uses in this area that can be achieved, given development standards relating to height, setbacks, parking and open space, is an FAR of 1.0. Although this FAR is unlikely, given the small size of the individual parcels involved, it would result in a maximum development potential of 193,842 square feet of retail development in addition to the residential development. A discussion of the impacts associated with the increase in development potential for these areas is given below. Water & Sewer: The adopted LOS standards for the City's Water Treatment System are water usage of 195 gallons per person per day, with a raw water pumping capacity of 22.4 million gallons per day and water treatment plant capacity of 28 million gallons per day. The current estimate for demand at the city's build-out population of 75,000 is 18.3 million gallons per day. Public Facilities Element Objective C-4 states: Potable water distribution system capacity is available to all areas within the City's service area. Installation of facilities shall be programmed when the need is demonstrated. The adopted LOS standards for the City's Wastewater Treatment System are generation inflow of 160 gallons per person per day, with the treatment plant design capacity of 21 mgd average / 30 mgd peak, split equally between the City of Delray Beach and the City of Boynton Beach. The current estimate for demand at the city's build-out population of 75,000 is 9.05 mgd. Public Facilities Element Objective C-3 states: Wastewater collection system capacity is available to all areas within the City's service area. Installation of facilities shall be programmed when the need is demonstrated. P&Z Board Staff Report V.A. Consideration of ORC Report 2003-2 Page 11 Since adequate capacity is available in the City's water and wastewater systems to meet the increased demand, the proposed FLUM amendments will not impact the level of service standard for these facilities. Draina.qe: The adopted LOS standards for drainage is the SFWMD standard of retention of the first one inch of runoff or 2.5 inches of water storage times the percentage of impervious area. Local and City-wide drainage deficiencies are identified in the Stormwater Master Plan (Kimley-Horn, 2000). The City has programmed projects to correct the deficiencies identified in this report and achieve the Level of Service standard. Public Facilities Element Objective E-1 states: A capital improvement program directed specifically to storm drainage and runoff management has been adopted by the City Commission, and capital projects, as identified in that program, shall be implemented with funding to come from the Stormwater Utility Fee. Drainage is reviewed during the site plan application process for individual projects. Within this area of the City, drainage is usually accommodated on site via exfiltration trench systems. There are no problems anticipated with obtaining South Florida Water Management District permits within the area and the additional impacts caused by the increased impervious area will not affect the level of service standard. Parks & Recreation The Open Space and Recreation Element of the Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards". A park impact fee will be collected to offset any impacts that the additional 80 residential units 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. Since non-residential uses do not create a demand for Park & Recreation facilities, the addition of commercial development within the mixed-use development will not have an impact on this level of service standard. Education (School Concurrency): School concurrency will be addressed with future proposals for residential development, however the maximum additional 80 units is not anticipated to be a concern. Solid Waste: As shown in the following table, the FLUM amendment and rezoning will result in a maximum potential impact of 1,057.8 tons per year, an increase of 1,030.2 tons/year. The increased solid waste generated by the maximum development potential for this area can be accommodated by existing facilities. In its annual capacity letter, dated January 14, 2003, the Solid Waste Authority indicates that it has sufficient capacity for concurrency management and comprehensive planning purposes. As stated in the letter, "Capacity is available for both the coming year, and the five and ten year planning P&Z Board Staff Report V.A. Consideration of ORC Report 2003-2 Page 12 pedods specified in 9J-5-005(4)." Based on population and waste generation rate projections, the Solid Waste Authority forecasts that capacity will be available at the existing landfill through approximately the year 2021. Table 7: Existing and Proposed Maximum Development Potential Solid Waste Generation Southwest Neighborhood Redevelopment Area 53 Multi-Family Units @ .52 tons/year = 27.6 tons/year 133 Multi-Family Units @ .52 tons/year = 69.2 tons/year I 193,842 sq. ft. Retail @ 10.2 lbs/sq, ff. = 988.6 tons/year [ Total Maximum Impact: 27.6 tons/year I Total Maximum Impact: 1,057.8 tons/year Traffic: As the majority of the properties are located in the TCEA (Transportation Concurrency Exception Area), traffic concurrency is not an issue. The proposed 1.46 acre commemial area along SW 5th Avenue, extending 200' south of SW 1st Street, is not located within the TCEA and is subject to concurrency findings. The trips generations provided in Table 8 are based on the redevelopment of this area only. As stated eadier, although the maximum FAR of 1.0 is being used in the analysis, it is noted that the development potential for this area is very limited, given the depth of the lots (approximately 135'). It is also noted that the amendment will facilitate the construction of new housing in the downtown area, which will foster a development mix that is less auto dependent. Table 8: Trip Generation Comparison Southwest Neighborhood Redevelopment Area As shown in the table, the maximum potential development intensity possible with the FLUM amendments would generate an additional 279 peak hour trips. The link analysis is given in the following table: P&Z Board Staff Report V.A, Consideration of ORC Report 2003-2 Page 13 Table 9: Link Analysis Southwest Neighborhood Redevelopment Area The table indicates that the peak hour capacity for West Atlantic Avenue will not be exceeded by the additional traffic generated by the projected development intensity. The analysis assumes that 70% of the projected traffic will utilize West Atlantic Avenue. The remaining traffic will utilize the extensive grid network to go south or into other parts of the City. The following is also noted: All new development or redevelopment must meet traffic concurrency and comply with the Palm Beach County Traffic Performance Standards ordinance. A traffic study is required during the Site Plan Review process to determine if there is adequate capacity on the surrounding roadway network to accommodate new trips generated by a new development or change of use. Impact fees are assessed for each new trip generated and are collected prior to issuance of a building permit. Proposed development exceeding the thresholds will have to be reduced in intensity or its impacts will have to be mitigated. ORC Objection # 2: Consistency with the State Comprehensive Plan The City of De/ray Beach's proposed Comprehensive Plan amendment does not adequately address and further the following goals and policies of the State Comprehensive Plan Chapter 187, Florida Statutes: (16) Land Use, Goal (a) and Policy b. 5. (20) Transportation, Policy b.3, and b.9. (18) Public Facilities Goal (a), and Policy b. 1. Response: These goals and policies relate to the provision of services ensuring concurrency for transportation and public facilities. The issues have been addressed by the additional detail being provided in response to Objection #1. By motion, recommend that the City Commission approve on second and final reading Comprehensive Plan Amendment 2003-2 with the additional information contained herein to be transmitted to the State with the adopted amendment. Attachments: · ORC Report and Response to ORC Report · Comprehensive Plan Amendment 2003-2 s:\planning & zoning\longrange\comp\amend 03-2~2003-2orc.doc CITY OF DELRAY BEACH, FLORIDA Planning & Zoning Board Transmittal Public Hearing July 21, 2002 City Commission Transmittal Public Hearing August 5, 2003 City Commission Adoption Public Hearing January 6, 2004 CITY OF DELRAY BEACH, FLORIDA PaRe 1 2 3 ~ TABLE OF CONTENTS ~ REDEVELOPMENT PLAN Adoption of the Wallace Drive Redevelopment Plan TEXT CHANGES - (CITY INITIATED) Policy C-1.7, Future Land Use Element (Completion of Southwest Area Neighborhood Redevelopment Plan) Policy C-2.3, Future Land Use Element (Completion of Redevelopment Plan for the Wallace Drive Industrial Area) AMENDMENTS TO THE FUTURE LAND USE MAP - (PRIVATELY INITIATED) Delray Harbor Club AMENDMENTS TO THE FUTURE LAND USE MAP - (CITY INITIATED) 3 3 Redevelopment Area #2 (Wallace Drive Industrial Area) Southwest Neighborhood Redevelopment Area CITY OF DELRAY BEACH, FLORIDA REDEVELOPMENT PLAN WALLACE DRIVE INDUSTRIAL AREA REDEVELOPMENT PLAN The Wallace Drive Redevelopment Area is bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace on the west. The area had developed under County jurisdiction into a mix of incompatible land uses with limited public infrastructure and little or no code enfomement. The Redevelopment Plan encourages the development of light industrial, limited commemial and office uses in an urban setting. The Plan establishes land use designations for the Redevelopment Area and encourages aggregation of pamels to accommodate unified development. See Support Document #1 - Wallace Drive Industrial Area Redevelopment Plan staff report and draft Redevelopment Plan. CITY INITIATED TEXT CHANGES FUTURE LAND USE ELEMENT 1) Location: Pg. FL-3'I, Policy C-1.7 (Southwest Area Neighborhood Redevelopment Plan) ADD Policy C-1.7 The following pertains to the Southwest Neighborhood Redevelopment Area: This area is generally defined as the area bounded by West Atlantic Avenue on the north, SW 10th Street on the south, Interstate 95 on the west, and Swinton Avenue on the east. Many of parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. (1) The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. Comment: This Policy is being added to reflect adoption of the Southwest Area Neighborhood Redevelopment Plan and state that future development must be in accordance with the provisions of the Redevelopment Plan. 2) Location: Pg. FL-32, Policy C-2.3 (Wallace Drive Industrial Area Redevelopment Plan) Policy C-2.3 The following pertains to the Wallace Drive Industrial Area: This area shall be primarily industrial (LI Zoning) with an emphasis on commeme uses (PCC, MIC zone districts). The City, through its water and sewer cap!tal improvement program, shall install water and sewer mains throughout the area. Unimproved and underimproved rights-of-way shall be abandoned when it facilitates the aggregation of parcels and larger scale development provided that the right-of-way is not essential for traffic flow purposes. Support uses for the existing automobile dealership uses are encouraged. All commercial uses shall be allowed with the exception of "strip-type" development along Wallace Drive which is not desired because of traffic conflicts along this collector street. This redevelopment plan shall be prepared in FY 99~2000 and shall be adopted through a comprehensive plan amendment. [Revised by Amendment 99-1] Change: REVISION The Wallace Drive Redevelopment Area is bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tan.qelo Terrace on the west. The area had developed under County iurisdiction into a (2) mix of incompatible land uses with limited public infrastructure and little or no code enfomement. The Redevelopment Plan encouraqes the development of light industrial, limited commemial and office uses in an urban settinq. The Wallace Drive Industrial Area Redevelopment Plan was adopted by City Commission on January 6, 2004. The Plan establishes proposed land use designations for the Redevelopment Area. Future development must be in accordance with the provisions of the Redevelopment Plan. Aggregation of parcels is encouraqed throuqhout the Redevelopment Area to accommodate unified development. Comment: With the adoption of the plan information with respect to what will be included in the Plan can be eliminated. Further, a statement that all future development in the Redevelopment Area is to be consistent with the adopted plan must be added. See Support Document #1 - Wallace Drive Industrial Area Redevelopment Plan staff report and draft Redevelopment Plan. AMENDMENTS TO THE FUTURE LAND USE MAP I PRIVA TEL Y INITIA TED FUTURE LAND USE MAP AMENDMENT: Privately initiated Future Land Use Map amendment for approximately 0.509 acres associated with Delray Harbor Club from TRN (Transitional) and OS-C (Open Space, Conservation) to MD (Medium Density Residential 5-12 Units/Acre). See Support Document #2 - Delray Harbor Club Future Land Use Map Amendment staff report. CITY INITIA TED FUTURE LAND USE MAP AMENDMENTS: City initiated Future Land Use Map amendment for approximately 45.5 acres from RDA-2 (Redevelopment Area # 2) to CMR (Commerce) in part, IND (Industrial) in part and CF-C (Community Facilities - Churches) in part, pursuant to a Redevelopment Plan for the area. See Support Document #3 - Redevelopment Area #2 0Nallace Drive Industrial Area) Future Land Use Map Amendment staff report. City initiated Future Land Use Map amendment from MD (Medium Density Residential 5-12 DU/AC) to GC (General Commercial) in the following areas, pursuant to the adopted Southwest Area Neighborhood Redevelopment Plan: (3) * Northwest Quadrant (from 1-95 to SW 8th Avenue, between Atlantic Avenue and SW 34 Street) - Expansion of the GC (General Commercial) designation approximately 400' from West Atlantic Avenue, between SW 8th Avenue and SW 12th Avenue; * Frog Alley - Expansion of the GC designation to a depth of approximately 1/3 block south of SW st th 1 Street, on the East and West sides of SW 5 Avenue; and, Expansion of the GC (General Commercial) designation to include the northwest corner of SW 4th Avenue and SW Ist Street. See Support Document #4 - Southwest Neighborhood Redevelopment Area Future Land Use Map Amendment staff report. s:~lanning & zoning\longrange~comp~mend 03-2Xadopt\03-2 amendment - city commission adopt final.doc (4) CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #1 Wallace Drive Industrial Area Redevelopment Plan Staff Report and draft Redevelopment Plan SD #1 MEETING OF: AGENDA ITEM: JULY 21, 2003 IV.A.I. REDEVELOPMENT PLAN FOR WALLACE DRIVE INDUSTRIAL AREA The item before the Board is that of making a recommendation to the City Commission regarding the proposed Redevelopment Plan for the Wallace Drive Industrial Area. Development within the redevelopment area began in the late 1940s when the area was located on the fringe of the City of Delray Beach, in unincorporated Palm Beach County. Residential development continued at a slow pace into the 1970s with a development pattern that was rural in nature with unpaved roads and no public utilities. In the late 1970s, industrial uses began to be developed west of this area along the Interstate 95 corridor. Automotive-related uses including repair, towing and storage facilities, along with other industrial uses in this area generated noise and commemial traffic through the residential neighborhood. This had a significant effect on the character of the area and the neighborhood declined. By the late 1980s the entire industrial area to the west had been developed. The area was annexed into the City via the Enclave Act (Enclave #31A), on June 28, 1988. Under County jurisdiction, the area had evolved into a mix of incompatible land uses with limited public infrastructure and little or no code enforcement. As a result, most of the area had deteriorated to a point where private investment had virtually stopped. The area east of Wallace Drive (then Germantown Road) was characterized by single family homes, a few vacant lots and an abandoned gas station site at the southeast corner of SW 10th Street and Wallace Ddve. Except for a convenience store located at the southwest corner of SW 10th Street and Wallace Drive, the area west of Wallace Drive was primarily single family homes and vacant lots bordered on the west by industrial uses. The Future Land Use Element of the City's Comprehensive Plan identifies several older areas of the City that, due to substandard infrastructure, obsolete or inappropriate uses of land, vacant and dilapidated structures, and other similarly blighting conditions, are in need of special attention in the form of a "Redevelopment Plan." Goal Area "C" of the Future Land Use Element represents the starting block upon which its implementation strategy has been built. It is stated as follows: Planning and Zoning Board Memorandum Staff Report Wallace Drive Redevelopment Plan Page 2 BLIGHTED AREAS OF THE CITY SHALL BE REDEVELOPED AND RENEWED AND SHALL BE THE MAJOR CONTRIBUTING AREAS TO THE RENAISSANCE OF DELRA Y BEA CH. The purpose of a Redevelopment Plan is to identity the specific deficiencies and assets of a designated area, evaluate the existing and potential uses, and identity specific measures for arresting decline, facilitating new development, and enhancing the quality of life for residents of the area. These areas are depicted on the Future Land Use Map as Redevelopment Areas #1 through #6. The "Redevelopment Area" designation acts as a holding zone for each site, until an appropriate Future Land Use Map designation can be assigned that is consistent with an adopted Redevelopment Plan. The Wallace Drive Industrial Area is designated as Redevelopment Area #2. The following language, excerpted from Future Land Use Element Policy C-2.3 in the City's Comprehensive Plan, gives a description of the program: Policy C-2.3: The following pertains to the Wallace Drive Industrial Area: This area shall be primarily industrial (LI Zoning) with an emphasis on commerce uses (PCC, MIC zone districts). The City, through its water and sewer capital improvement program, shall install water and sewer mains throughout the area. Unimproved and underimproved rights-of-way shall be abandoned when it facilitates the aggregation of parcels and larger scale development provided that the right-of-way is not essential for traffic flow purposes. Support uses for the existing automobile dealership uses are encouraged. All commercial uses shall be allowed with the exception of "strip-type" development along Wallace Drive which is not desired because of traffic conflicts along this collector street. Since annexation and adoption of the Comprehensive Plan, there has been considerable public investment to prepare the area for redevelopment, including the installation of water and sewer mains throughout the area as well as street improvements along Poinsettia Drive and Georgia Street in 1992 and the extension of SW 10th Avenue and associated retention areas in the mid 1990s. In the late 1990s, private monies funded the construction of Milfred Street in conjunction with a development proposal associated with the Ford dealership. Most recently, private development resulted in the construction of a portion of Lime Lane and Royal Palm Drive. Within the past five years, there has been a surge of pdvate investment in the area resulting in the construction of several industrial projects including 10th Street Commerce Center, Tropic Supply, ABA Custom Cabinets and Profiles in Concrete. In February, 2003, a privately initiated proposal was submitted to rezone 1.4 acres, within the redevelopment area, from R-1-A (Single Family Residential) to MIC (Mixed Industrial & Commercial). Policy C-2.1 of the Future Land Use Element states that if a private development proposal is received for a Redevelopment Area, one of two options may be pursued: preparation of the Redevelopment Plan shall be accelerated and the Planning and Zoning Board Memorandum Staff Report Wallace Drive Redevelopment Plan Page 3 development proposal delayed until the plan is adopted, or the development proposal can be evaluated on its own merits with the existing Comprehensive Plan policies guiding the disposition of the request. Since the proposed zoning would have impacted the overall area, it was necessary to accelerate preparation of the Redevelopment Plan. The Wallace Drive Redevelopment Plan creates the framework for the future redevelopment of an area which was originally annexed into the City under the Enclave Act in 1988. The area had developed under County jurisdiction into a mix of incompatible land uses with limited public infrastructure and little or no code enforcement. As a result, most of the area had deteriorated to a point where private investment had virtually stopped. The Redevelopment Area is bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace on the west. Two-thirds of the area is located west of Wallace Drive, which bisects the area, running diagonally from northeast to southwest. This area is currently identified as Redevelopment Area #2 in the City's Comprehensive Plan. The purpose of this Redevelopment Plan is to meet the intent in Future Land Use Element Policy C-2.3, which requires a Redevelopment Plan be developed and recommendations be included. These recommendations can be used by the City of Delray Beach to encourage new development. The Plan is divided into three sections: The Introduction describes the Study Area, a brief history of the area, and what led to the existing conditions. This section also discusses the Future Land Use Element Policy in the Comprehensive and includes the purpose of the Redevelopment Plan and a summary of the planning process that guided it. The Existing Conditions section discusses the Wallace Drive Area in terms which reflect on its marketability for business development. This includes a brief description of the existing land uses, zoning, Future Land Use, housing, ownership, and vacant land. This section also looks at the infrastructure in the Redevelopment Area, including, water, sewer, drainage, streets, sidewalks and lighting. The Redevelopment Plan section outlines the potential plan for development and redevelopment of the properties within the Redevelopment Area. The section establishes recommendations for the enhancement of the area. These recommendations work toward making the area more marketable for business development while protecting the surrounding uses from greater impacts. It is the intent of this plan to make the Wallace Drive Redevelopment Area a unique place that will encourage the development of light industrial, limited commercial and office uses in an urban setting. This, in turn, should serve as a catalyst to increase property values and increase the City's employment base in the industrial, manufacturing and trade sectors. While the Wallace Drive Area has remained in its Planning and Zoning Board Memorandum Staff Report Wallace Drive Redevelopment Plan Page 4 existing state for many years, the area has always had great potential. The City of Deiray Beach Planning and Zoning Department recognized the potential and assigned this area a redevelopment designation. The unique opportunity that is facing the City and this particular Redevelopment Area is that the City will most likely not need to have any major intervention. The private sector will be the driving fome behind the revitalization of the Redevelopment Area, which has already started to occur. This plan will give private property owners and developers a clear understanding of what the future could hold if they develop in the prescribed manner as suggested by this plan. Recommendations for the Redevelopment Area will require the City to initiate changes to the Future Land Use Map eliminating the Redevelopment Area # 2 designation, and assign new Future Land Use Map and corresponding Zoning designations. Recommended designations are discussed below: FUTURE LAND USE MAP A Future Land Use Map Amendment will need to be processed to eliminate the Redevelopment Area #2 classification for the entire area and establish the recommended Future Land Use Map designations. This will be initiated by the City and processed as part of Comprehensive Plan Amendment 2003-2. The three recommended Future Land Use Map designations are: · CF-C - Community Facilities - Church: The Calvary Bible Missionary Baptist Chumh parcel, located south of SW lOth Street, between SW 8th and SW 9th Streets - approximately 4 acres. This change is required to accommodate the existing use. The property is currently zoned CF (Community Facilities), which is consistent with this designation. IND - Industdah Orkin Pest Control, located at the northeast corner of Georgia Street and Tangelo Terrace - approximately 0.7 acres. This change is required to accommodate the existing use. The property is currently zoned I (Industrial), which is consistent with this designation. CMR - Commerce: The remainder of the Redevelopment Area on both sides of Wallace Drive - approximately 29.6 acres. This designation is required to accommodate existing non-residential uses west of Wallace Drive and proposed industrial development east of Wallace Drive. The MIC (Mixed Industrial & Commercial) zoning on most of the property west of Wallace Drive, is consistent with this designation. The remaining parcels, 36 of which are currently zoned R-1-A (Single Family Residential) and 2 of which are zoned I (Industrial), are not consistent with this designation and will be rezoned to LI (Light Industrial) and MIC (Mixed Industrial & Commercial). ZONING The properties located with in the Redevelopment Area are currently zoned MIC (Mixed Industrial & Commercial), I (Industrial) and R-1-A (Single Family Residential). The Planning and Zoning Board Memorandum Staff Report Wallace Drive Redevelopment Plan Page 5 following rezonings will be required for consistency with the Future Land Use Map designations. They will be initiated by the City and process concurrent with the FLUM amendments. Rezoning of 2 pamels from I (Industrial) to MIC (Mixed Industrial & Commercial) - located approximately 100 feet east of Tangelo Terrace, between Poinsettia Drive and Georgia Street - approximately 0.7 acres. This change is being made to facilitate redevelopment of the existing single-family homes on these parcels. The existing sites do not meet the required minimum lot size requirement. Rezoning of 36 parcels from R-1-A (Single Family Residential) to LI (Light Industrial) - located east of Wallace Drive - approximately 8.5 acres. This change is being made to accommodate the proposed light industrial uses for the area. Of the 36 parcels, 30 are vacant or are used for roadways or drainage retention areas. The six existing single family residences are located between Wallace Drive and SW 10th Avenue, which are City Collector roadways. Several of these residences currently contain Landscape Maintenance businesses and have a quasi-industrial character. LAND DEVELOPMENT REGULATIONS An LDR text amendment will be necessary to create an oveday district which amends the development standards for the LI zoning district within the Redevelopment Area to reduce the minimum development area, lot size, lot dimensions and tenant space requirements. The oveday will also include provisions to increase the front setback for properties fronting on Wallace Drive. Although aggregation of parcels is encouraged, this accommodation will be necessary to allow development on smaller pamels where aggregation is not possible. The modified development standards will be similar to those in the adjacent MIC zoning district. OTHER RECOMMENDATIONS The Plan includes many specific recommendations related to the following: · Infrastructure Improvements; · Enhanced Code Enforcement; · Aesthetic Improvements/Design; · Marketing; · Funding; and · Implementation steps A copy of the plan is included with this report for review. Redevelopment Area #2 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). A meeting was held on June 19, 2003 Planning and Zoning Board Memorandum Staff Report Wallace Drive Redevelopment Plan Page 6 to discuss the Plan with the property owners within the area. The property owners who attended the meeting were generally supportive of the planning effort. By motion, recommend to the City Commission adoption of the proposed Wallace Drive Redevelopment Plan. s:\planning & zoning~boards\p&z board\wallace drive redevelopment plan.doc 0 0 0 0 r-T-1 // ? o CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #2 Delray Harbor Club Future Land Use Map Amendment Staff Report SD #2 PLANNING AND ZONING BOARD CITY OF DEL. RAY BEACH ---STAFF REpoRT--- MEETING DATE. July 21, 2003 AGENDA ITEM.- IV. A. (3a.) ITEM." Future Land Use Map Amendment From TRN (Transitional) In part and OS-C (Open Space-Conse~ation) In Part To MD (Medium Density Residential 5-12 du/ac) and Rezoning From POD (Professional Office District) In Part and CD (Conservation District) In Part To RM (Multiple Family Residential -Medium Density) For a 0.509 Acre Portion of, Delray Harbor Club Condominium Development (Quasi-Judicial Heanng). GENERAL DATA: Owner/Applicant ......................... Delray Harbor Club Agent .......................................... Robert G. Curde Partnership, Inc. - Jose Aguila, AIA Location ...................................... Located on the east side of U.S. Highway No 1, approximately 650 feet south of S.E. 10th Street. Property Size .............................. 0.509 Acres Future Land Use Map ................ TRN (Transitional) & OS-C (Open Space - Conservation) Proposed FLUM .......................... MD (Medium Density Residential, 5-12 Units/Acm) Current Zoning ............................ POD (Professional Office District) & CD (Conservation District) Proposed Zoning ........................ RM (Medium Family Residential - Medium Density) Adjacent Zoning ................ North: RM (Medium Family Residential - Medium Density) East: CD (Conservation District) South: POD (Professional Office District) West: MH (Mobile Home) & PC Planned Commercial) Existing Land Use ...................... Vacant Proposed Land Use .................... FLUM Amendment and Rezoning. Water Service ............................. Existing on site. Sewer Service ............................. Existing on site. HARBOURS £OGE LIN TO N B L VO. IV. A. (3a.) The action before the Board is that of making a recommendation to the City Commission on a privately sponsored Future Land Use Map (FLUM) Amendment from TRN (Transitional) in part and OS-(; (Open Space, Conservation) in part to MD (Medium Density Residential 5-12 dwelling units per acre) and rezoning from POD (Professional Office District) in part and CD (Conservation District) in part to RM (Multiple Family Residential - Medium Density) for a 0.509 acre parcel located on the east side of South Federal Highway approximately 650 feet south of SE 10°~ Street. Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM and Rezoning Amendments for any property within the City. The subject prOperty consists of the Corniche Replat i, less and except Tract "A" and' contains 0.509 acres. The property is currently vacant. The applicant (Delray Harbor Club) proposes to use the property for a new entrance feature to the condominium with a gate house, guest parking and landscaping areas. In Apdl of 1986, the triangular shaped parcel, was platted and titled "The Comiche" (PB 53, PG 28). An 18-foot wide access easement was located 42-feet south of the north line of this plat. This access easement was needed for ingress/egress to the FIND (Flodda Inland Navigation District) parcel to the east of the subject parcel. On September 10, 1985 the City Commission approved a site plan for the construction ora three story, 7,714 sq. ft. commercial bank and office building with drive-thru banking facility. However, the construction never commenced and the site plan expired. in December of 1995, the same triangular shaped parcel of land was replatted by "The .Comiche Replat" (PB 76, PG 97). The 18-foot wide access easement was rededicated as a 24-foot wide public access easement and relocated to the north 24' of the plat. This newly created 24-foot public access easement was dedicated to the City of Delray Beach for access and recreational purposes. In March of 1997, the same triangular shaped parcel of land was replatted again by "The Comiche Replat 1" (PB 79, PG 50). The 24-foot public access easement was replaced with the dedication of Tract "A" and relocated on the soUth 24' Of the plat. Tract "A" is dedicated to the City of Delray Beach for public access and recreational Purposes to Lot 27, Block 2 of the Model Land Co. Subdivision (a.k.a. the FIND Parcel). Finally, at its meeting of July 2, 2002 the City Commission approved the abandonment of a 24' public access easement within the Comiche Replat (north 24' easement). ~lanning and Zoning Board .c i Report Delray Harbor Club - FLUM/-,,,~ndment and Rezoning Page 2 This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187) as part of Comprehensive Plan Amendment 2003-2. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use 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 Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and COmpliance with the Land Development Regulations. FUTURE LAND USE MAP: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. While the TRN (Transitional) FLUM designation is consistent with the proposed RM zoning district, the FLUM amendment to MD will allow overall consistency with the balance of the Delray Harbor Club property. The OS-C FLUM designation is inconsistent with the Proposed RM zoning and is inappropriate as it is no longer part of the much larger conservation pamel to the east. The proposed FLUM amendment and rezoning are to enable the con§troction of a new entry gate, visitor parking and landscaping for the Delray Harbor Club condominium development. These improvements are allowed as an accessory use to the existing condominium development. The RM (Multiple Family Residential) zoning district is consistent with the proposed MD (Medium Density Residential) Future Land Use Map designation. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map {FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: C] Demonstrated Need - That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar .'~.anning and Zoning Board ~ iiReport L3elray Harbor Club - FLUM ~,,lendment and Rezoning Page 3 intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The proposal involves a privately initiated FLUM designation change from TRN (Transitional) in part and OS-C (Open Space, Conservation) in part to MD (Medium Density Residential 5-12 du/ac) and rezoning from POD (Professional Office District) in part and CD (Conservation District) in part to RM (Multiple Family Residential - Medium Density). As stated earlier, the proposed MD FLUM designation allows a new gate house and parking area associated with the existing Delray Harbor Club condominium, which is located to the north, immediately adjacent to the subject property. The Harborside condominium development exists to the south of the subject property, which is a similar type of.reSidential condominium development as Delray Harbor Club and also has a MD FLUM designation. ' To the east of the subject property is the existing vacant FIND (Flodda Inland Navigational District) property which has a F/UM designation of OS-C and a zoning designation of CD. To the west, across northbound Federal Highway, exists a vacant parcel of land with a FLUM designation of GC (General Commercial) and a zoning designation of PC (Planned Commedcal) and further to the west across southbound Federal Highway exists the Floranda Trailer Park which has a TRN FLUM designation and a MH (Mobile Home) zoning designation. Given the existing character and FLUM designations of the surrounding area the proposed MD designation is the most appropriate for the subject property and is consistent with this Policy of the Comprehensive Plan. O Consistency - The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. The following are the applicable objective is noted: Future Land Use Element Objective A-f: Property shall be developed or redeveloped in a manner so that the future use and intensib/ is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent uses, and fulfills remaining land use needs. The subject property does not have any unique environmental characteristics that would prohibit development of the site or require mitigation measures. Although a portion of the property has an OS-C FLUM designation and is zoned CD (Conservation District), this POrtion of the property was part of an overall conservation tract, which contains mangroves. In addition, the properties small size limits the development potential of the site under the current POD zoning designation, which allows office type uses and is situated between two condominium developments. The FLUM amendment to MD and zoning to RM will ensure the property will be developed in a manner that will be complementary to the adjacent residential condominiums to the north and south. With review of a specific development proposal this policy will be revisited. Planning and Zoning Board .' ')~ Report Delray Harbor Club - FLUM ,~,~endment and Rezoning Page 4 13 Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The existing TRN FLUM designation is consistent with the POC (Planned Office ComPlex), POD (Professional Office Development), RO (Residential Office), NC (Neighborhood Commemial) and RM (Multiple Family Residential - Medium Density) zoning designations. The intensities of the uses allowed under the office and neighborhood commercial zoning districts is much greater than the intenSities allowed under the MD FLUM designation, which does not allow office or commercial development. Development of the property will be limited to uses permitted under the proposed MD Future Land Use Map and RM zoning designations. The intended use is for a new entry feature including a gate house and guest parking for the existing Delray Harbor Club condominium development. Residential development is limited to a maximum of 12 units to the acre, which is the same as the TRN. This would allow a maximum of six (6) units to be constructed on the property, which would generete 42 averege daily vehicular trips. There is adequate capacity on Federal Highway to accommodate potential traffic genereted by the proposed MD FLUM designation. There are no other concerns meeting other level of Service standards relating to drainage, water and sewer, solid waste, parks and recreation facilities, and schools. Dreinage can be accommodated on site via an exfiltretion system. City facilities, such as water and sewer, and parks have sufficient capacity to handle development under the MD FLUM and RM zoning designations. Similarly, solid waste can be accommodated by existing County facilities and the development potential for 6 residential units should have no impacts relating to 'schools. Thus, positive findings can be made at this time with regard to concurrency for all services and facilities. 13 Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Future redevelopment of the 0.509 acre parcel of land will occur in accordance with the City's Land Development Regulations during the site plan review process. It is anticipated that there should be no problems complying with the Land Development Regulations. The proposed City zoning designation is RM (Multiple Family Residential) while the current zoning designation is POD (Planned Office District) in part and CD (Conservation District) in part. The zoning designations of the surrounding preperties are identified in the Future Land Use Map Amendment Analysis section of this report. Section 3,2.2 (Standards for Rezonin,cl Actions): Standards B, C and E are not applicable. The applicable performance standards of Section 3.2.2 are as follows: {A) The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a different Planning and Zoning Board ~)= Report Oelray Harbor Club - FLUM ~tendment and Rezoning Page 5 zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. The property is located within the area identified as stable on the Residential Neighborhood Categorization Map. The development pattem along the east side of northbound Federal Highway between Linton Boulevard and SE 10~h Street is such that properties have been primarily developed as multiple family residential condominiums (RM zoning) with the exception of the Old Harbor Plaza commercial shopping plaza, located at the northeast comer of Linton Boulevard and Federal Highway. Therefore, the proposed rezoning is consistent with this standard. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The following zoning designations and uses border the property: Direction Zoninq Uses North RM West PC and MH South RM East CD and OS-C Delray Harbor Club Condominiums Vacant land and Floranda Trailer Park Harborside Condominiums Vacant land The: proposed rezoning is compatible with the adjacent land uses and consistent with the development pattern along Federal Highway. Section 2,4.5(D)(5) (Rezonin¢~ Findings): · PUrsuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Chapter Throe, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include 'the following: That the zoning had previously been changed, or was originally established, in error;, bw That there has been a change in circumstances which make the current zoning inapproPriate; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. As noted previously, the development pattern along northbound Federal Highway has been established such that the properties along the east side of the road have been pdmadly developed as multiple fam~y condominiums. The proposed rezoning to RM is consistent with the MD FLUM designation. The proposed rezoning will allow the subject Planning and Zoning Board ,~ ~ Report Delray Harbor Club - FLUM ~d~ndment and Rezoning Page 6 property to be developed of a similar intensity as the surrounding area. Therefore, a finding can be made the rezoning fulfills subsection 'c." The property is not in an area that requires review by the CRA (Community Redevelopment Area) or the DDA (Downtown Development Authority). Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. ' Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: · Harborside Condominium · Presidents Council · Osceola Park · Rio Delray Shores * PROD The Future Land Use Map (FLUM) Amendment from TRN (Transitional) in part and OS- C (Open Space, Conservation) in part to MD (Medium Density Residential 5-12 d.u./acre) and rezoning from POD (Professional Office District) in part and CD (Conservation District) in part to RM (Multiple Family Residential - Medium Density) for a 0.509 acre parcel located on the east side of South Federal Highway approximately 650 feet south of SE 10m Street, is consistent respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. The MD FLUM and RM zoning designations are more appropriate given the existing RM zoning along the east side of S. Federal Highway, north and south of the site, and to maintain consistency with the balance of the adjacent Delray Harbor Club, the owner of the subject property. Continue with direction. Recommend to the City Commission approval of the FLUM Amendment and Rezoning for the subject property, based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5.(D)(5) (Rezoning Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the 'Comprehensive Plan; or Planning and Zoning Board f .~Report Delray Harbor Club - FLUM ~nendment and Rezoning Page 7 Recommend to the City Commission denial of the FLUM Amendment and Rezoning based on a failure to make positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and Section 3.1.1 (Required Findings) of the Land Development Regulations, with the basis stated. .Recommend to the City Commission approval of the proposed FLUM Amendment from TRN (Transitional) in part and OS~C (Open Space - Conservation) in part to MD (Medium Density Residential 5-12 d.u./ac) and approval of the Rezoning from POD (Professional Office District) in part and CD (Conservation District) in part to RM (Multiple Family Residential - Medium Density)based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. Report prepared b~ Mi(helle Hoyland, Senior Planner Alta~ments: Proposed Future Land Use Map · Zoning Map · Survey D£LRA Y PLACE 9~H ST. CONDOS MD FLORANDA TRAILER PARK THE PLAZA AT DELRA Y 'GC 12TH R0. LINTON WOODS BANYAN 1REE LANE OS'~ HARBOUR ~DE DOMAINE DELRA Y HARBOURS EDGE TREE VILLAGE OLD HARBOUR PLAZA HARBOURS EDGE BANK LINTON BO LEVARD DEL C N DELRAY HARBOR CLUB - FLUM AMENDMENT - FROM: TRN (TRANSITIONAL) & OS..C (OPEN TO: MD (MEDIUM DENsrr~ SPACE - CONSERVATION) RESIDENTIAL, 5-12 UNITS/ACRE) 9TH ST. DELRA Y PLA CE SI-- R-1 CONDOS --FLORANDA TRAILER PARK RD. LEVIS COVE PC THE PLAZA AT DELRA Y LINTON WOODS TREE LANE OLD HARBOUR PLAZA HARBOUR ~DE DOMAINE DELRA Y HARBOURS EDGE TREE VILLAGE HARBOURS EDGE BROO~S I.- Z DR. L NTON BOULE ARD DEL N DELRAY HARBOR CLUB - REZONING -- FROM: POD (PROFESSIONAL OFFICE TO: RM (MULTIPLE FAMILY DISTRICT) & CD (CONSERVATION DISTRICT) RESIDENTIAL - MEDIUM DENSITY) CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #3 Redevelopment Area #2 (Wallace Drive Industrial Area) FLUM Amendment Staff Report SD #3 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH --STAFF REPORT--' MEETING DATE: AGENDA ITEM: ITEM: July 21, 2003 IV. A. (3.b.) Transmittal Hearing for Comprehensive Plan Amendment 2003-2 - FLUM Amendments and Rezonings Associated with the Wallace Drive Redevelopment Plan (Redevelopment Area #2). I ~ Illllll IllllllllllllI _: GENERAL DATA: Applicant ........................................ City Initiated Location ........................................ Located south of Southwest 10tn Street, north of Milfred Street, east of Tangelo Terrace, & west of Southwest 8~ Avenue. Property Size ................................. 34.3 Acres (without right-of-ways) Future Land Use Map ....................RDA - 2 (Redevelopment Area #2) Proposed FLUM ............................ IND (Industrial), MIC (Mixed Industrial & Commemial), & CF - C (Community Facilities - Churches) Current Zoning .............................. R-1-A (Single Family Residential), CF (Community Facilities), MIC (Mixed Industrial & Commercial) and I (Industrial) Proposed Zoning ........................... MIC (Mixed Industrial & Commercial), LI (Light Industrial), I (Industrial), and CF (Community Facilities) Adjacent Zoning .................. North: R-1-A (Single Family Residential) & OSR (Open Space & Recreation) East: CF (Community Facilities) and RM (Multiple Family Residential - Medium Density) South: AC (Automotive Commercial) West: I (Industrial) Existing Land Use ......................... Commercial, Industrial, Residential, & Undeveloped Water Service ............................... Available to all properties. Sewer Service ............................... Available to all properties. IV. A. ~3.b.I The action before the Board is that of making a recommendation to the City Commission on City initiated Future Land Use Map amendments, and rezonings associated with the Wallace Ddve Industrial Area Redevelopment Plan (See attached Maps and Legal Descriptions in Appendix A). The Future Land Use Map Amendments involve the entire Redevelopment Area, totaling approximately 34.3 acres, not including road rights-of-way. There are three proposed FLUM designations for the area. They are as follows: El Area A: n Area B: FLUM amendment from RDA-2 (Redevelopment Area #2) to CMR (Commerce) - includes all but two of the parcels within the redevelopment area and contains approximately 29.6 acres. FLUM amendment from RDA-2 (Redevelopment Area ~2) to IND (Industrial) - 1 parcel located at the northeast comer of Georgia Street and Tangelo Terrace, containing approximately 0.7 acres. El Area C: FLUM amendment from RDA-2 (Redevelopment Area #2) to CF-C (Community Facilities-Churches) - 1 parcel located between SW 8~ and SW 9~h Avenues, south of SW 10th Street, containing approximately 4 acres. The proposed rezonings within the Redevelopment Area are as follows: El Area D: Rezoning from I (Industrial) to MIC (Mixed Industrial and Commercial) - 2 parcels (by ownership), located approximately 100 feet east of Tangelo Terrace, between Poinsettia Drive and Georgia Street, containing approximately 0.7 acres. El Area E: Rezoning from R-1-A (Single Family Residential) to LI (Light Industrial) - 36 parcels (by ownership), located east of Wallace Drive, containing approximately 8.5 acres. Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM and Rezoning Amendments for any property within the City. The Future Land Use Element of the City's Comprehensive Plan identifies several older areas of the City that, due to substandard infrastructure, obsolete or inappropriate uses of land, vacant and dilapidated structures, and other similarly blighting conditions, are in need of special attention in the form of a "Redevelopment Plan." The purpose of a Redevelopment Plan is to identify the specific deficiencies and assets of a designated area, evaluate existing and potential uses, and identify specific measures for arresting decline, facilitating new development, and enhancing the quality P & Z Board Staff Report ~ FLUM Amendment & Rezoninb~ ~or Redevelopment Area #2 Page 2 of life for residents of the area. These areas are depicted on the Future Land Use Map as Redevelopment Areas #1 through #6. The "Redevelopment Area" designation acts as a holding zone for each site, until an appropriate Future Land Use Map designation can be assigned that is consistent with an adopted Redevelopment Plan. The Wallace Ddve Industrial Area is designated as Redevelopment Area #2. It is bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace on the west. Two-thirds of the area is located west of Wallace Ddve, which bisects the area, running diagonally from northeast to southwest. The area was annexed into the City via the Enclave Act (Enclave #31A), on June 28, 1988. Under County jurisdiction, the area had evolved into a mix of incompatible land uses with limited public infrastructure and little or no code enforcement. As a result, most of the area had deteriorated to a point where pdvate investment had virtually stopped. The following language, excerpted from Future Land Use Element Policy C-2.3 in the City's Comprehensive Plan, gives a description of the program for this area: Policy C-2.3: The following pertains to the Wallace Drive Industrial Area: This area shall be primarily industrial (LI Zoning) with an emphasis on commerce uses (PCC, MIC zone distrtcts). The City, through its water and sewer capital improvement program, shall install water and sewer mains throughout the area. Unimproved and underimproved rights-of-way shall be abandoned when it facilitates the aggregation of parcels and larger scale development provided that the right-of-way is not essential for traffic flow purposes. Support uses for the existing automobile dealership uses are encouraged. All commercial uses shall be allowed with the exception of "strip-type" development along Wallace Drive which is not desired because of traffic conflicts along this collector street. Since annexation and adoption of the Comprehensive Plan, there has been considerable public investment to prepare the area for redevelopment, including the installation of water and sewer mains throughout the area as well as street improvements along Poinsettia Ddve and Georgia Street in 1992 and the extension of SW 10th Avenue and associated retention areas in the mid 1990s. In the late 1990s, private monies funded the construction of Milfred Street in conjunction with a development proposal associated with the Ford dealership. Most recently, private development resulted in the construction of a portion of Lime Lane and Royal Palm Drive. Within the past five years, there has been a surge of private investment in the area resulting in the construction of several industrial projects including 10th Street Commerce Center, Tropic Supply, ABA Custom Cabinets and Profiles in Concrete. In February, 2003, a privately initiated proposal was submitted to rezone 1.4 acres within Redevelopment Area #2 from R-1-A (Single Family Residential) to MIC (Mixed Industrial & Commercial). Policy C-2.1 of the Future Land Use Element states that if a pdvate development proposal is received for a Redevelopment Area, one of two options may be pursued: preparation of the Redevelopment Plan may be accelerated and the development proposal delayed until the plan is adopted, or the development proposal can be evaluated on its own medts with the existing Comprehensive Plan policies guiding the disposition of the request. Since the proposed zoning would have impacted P & Z Board Staff Report FLUM Amendment & Rezoni%.~ t'or Redevelopment Area Page 3 the overall area, it was decided to complete the Redevelopment Plan prior to taking action on the proposal. Based upon the above, preparation of the Redevelopment Plan was accelerated and is being processed as part of the City's annual Comprehensive Plan Amendment 2003-2. The intent of the Plan is to make the Wallace Drive area a unique place that will encourage the development of light industrial, commercial and office uses in an urban setting. It is hoped that it will also serve as a catalyst to increase property values and broaden the City's employment base in the industrial, manufacturing and trade sectors. Implementation of the Plan, requires the City to initiate changes to the Future Land Use Map to eliminate the RDA-2 (Redevelopment Area # 2) designation, and to assign new Future Land Use Map and corresponding Zoning designations. The recommended designations are discussed below. This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187). Land Use Analysis: Pursuant to Land Development Regulation Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The underlying Future Land Use Map designation for the subject property is Redevelopment Area #2 and the proposed designations are CMR (Commerce), IND (Industrial) and CF-C (Community Facilities - Churches). The redevelopment plan identifies the development scenarios and criteda for development to occur within the area. The proposed zoning designations of MIC (Mixed Industrial & Commercial), I (Industrial), LI (Light Industrial) and CF (Community Facilities) will be consistent with the proposed Future Land Use Map designations. Based upon the above, a positive finding with respect to Future Land Use Map consistency can be made. REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: Demonstrated Need - That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demOgraphic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics P & Z Board Staff Repod ~ FLUM Amendment & Rezoninb~or Redevelopment Area Page 4 or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The basis for the FLUM change is that the existing FLUM designation of RDA#2 is no longer appropriate, given that a Redevelopment Plan for the area has been prepared. The data and analysis supporting the new FLUM designations and demonstrated need are contained within the plan. Consistency - The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. Redevelopment Areas, as identified on the City's Future Land Use Map, are described within the Future L~nd Use Element. The Redevelopment Area designation acts as a holding zo.ne, until an appropriate Future Land Use Map designation can be assigned that is consistent with an adopted Redevelopment Plan. The plan, prepared for Redevelopment Area #2, recommends that underlying Future Land Use designations of CMR (Commerce), IND (Industrial) and CF~C (Community Facilities-Churches) be applied to the area. As part of Comprehensive Plan Amendment 2003-2, changes are also being made to Future Land Use Element Policy C-2.3 to acknowledge the adoption of the Plan, and to require that all future development be in compliance with the adopted plan. The proposed FLUM designations will be consistent with the goals, objectives and policies of the ComprehensiVe Plan once the Redevelopment Plan and the associated amendments to the Comprehensive Plan are adopted. o Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. In comparing the existing Future Land Use Map designation of RDA-2 and the proposed Future Land Use Map .designations with respect to concurrency, the following is noted - Currently, development within the area can proceed without the implementation of a redevelopment plan on its own medts with the existing zoning and policies of the Comprehensive Plan guiding the disposition of the request (Future Land Use Element, Policy C-2.1). Approximately three-fourths of the redevelopment area will retain its existing MIC zoning designation, so the potential development intensity on that portion of the redevelopment area is unaffected by the proposed FLUM designations. The potential development intensity on the remaining 8.5 acres, currently zoned R-1-A (Single Family Residential), will increase when it is rezoned to LI (Light Industrial). A discussion of the impacts associated with development of this area at this higher intensity is given below: 'P & Z Board Staff Report FLUM Amendment & Rezoni%_.~0r Redevelopment Area #2 Page 5 Water & Sewer: · Water service is available via service lateral connections to existing 10" water mains along Wallace Drive, SW 10th Street and SW 9th Avenue. · Sewer service is available via service lateral connections to existing 8" and 10" mains along Wallace Ddve, SW 10th Street and SW 9th Avenue. 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. Draina,qe: There are two storm water detention areas located in the north half of this area, on either side of SW 10~h Avenue. Drainage is reviewed during the site plan application process for individual projects. For the type of development anticipated in this area, drainage is usually accommodated on site via exfiltration trench systems. There are no problems anticipated with obtaining South Flodda Water Management District permits within the area. Traffic: The maximum developable area is 7.8 acres (8.5 acres less the SW 10"~ Avenue extension). It should also be noted that although this area includes the City's storm water detention areas, redevelopment of that property is unlikely. The maximum ;development potential in the R-I-A zoning district is 39 units (5 units/ac). This assumes development of single family lots within the LD FLUM designation. The traffic that would be generated by this intensity of development is 390 ADT (39 units x 10 trips/unit). Since the zoning districts allowed within the CMR (Commerce) FLUM designation allow a maximum of 50% building lot coverage, the maximum building area that could be constructed on the 7.8 acres would be 169,884 square feet. This building area would generate a total of 1,184 ADT (169,884 x 6.97/1000) if the property were developed in general industrial uses typical of those uses allowed within any of the zoning districts under the Commerce FLUM designation. Although these zoning districts allow a limited retail component (25% of total floor area within the MIC zoning district and 10% within the LI zoning district), the retail is usually very specialized and involves items associated with the primary industrial use. Thus, the traffic associated with a retail component would be minimal. All new non-residential development or redevelopment must meet traffic concurrency and comply with the Palm Beach County Traffic Performance Standards ordinance. A traffic study is required dudng the Site Plan Review process to determine if there is adequate capacity on the surrounding roadway network to accommodate new trips generated by a new development or change of use. Impact 'P & Z Board Staff Report '~ FLUM Amendment & Rezoni%~. ,~r Redevelopment Area Page 6 fees are assessed for each new tdp generated and are collected pdor to issuance of a building permit. Wallace Drive and SW 10~ Avenue provide a connection between SW 10th Street and Linton Boulevard. Linton Boulevard is the most heavily traveled roadway within the general area and is classified as a Minor County Arterial. Since the Linton Boulevard link between Wallace Ddve and Interstate 95 is currently operating at LOS "E", new developments which have a significant impact on this link cannot be constructed. However, since the trip generation rate for industrial development is very Iow, this is not expected to seriously impact new development within the redevelopment area. Parks and Recreation: Non-residential uses do not create a demand for Park & Recreation services therefore, the impact on these facilities will decrease as the property is converted to non-residential uses. .Solid Waste: The development of single family development at the maximum intensity (5 units per acre) is 39 units. The trash generated by single family home is 1.99 tons of solid waste per year. Therefore the maximum impact for development of the 7.8 acre area would be 77.6 tons per year (39 x 1.99 tons/year). Redevelopment of the area for industrial uses at the maximum building area potential of 169,884 square feet is 399 tons per year (169,884 sq. ft x 4.7 lbs/sq, ft. x 1 ton/2000 lbs). Since this solid waste can be accommodated by existing landfill facilities, a positive finding with respect to this level of service standard can be made. Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area. A mixture of commercial, industrial and residential uses surrounds the Wallace Ddve Redevelopment Area. The area south of the redevelopment area contains the Maroone Ford auto dealership and a 1.96 acre parcel containing a light industrial building is located to the southeast, between Wallace Ddve and SW 10th Avenue. Single-family residential development and the City's cemetery are located to the north, across SW 10th Street. The a, rea to the west contains industrial land uses. The area immediately to the east contains multiple-family residential, single-family residential and vacant land. The single-family development is separated from the proposed light industrial development within the redevelopment area by the Calvary Bible Missionary Baptist Church and the multiple-family is located on the east side of SW 10~ Avenue, south of SW 11th Street. Thus, the light industrial development will be separated from the residential properties by existing streets. Also, there are regulations in place to mitigate any potential impacts on adjacent properties. Compliance - Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. 'P & Z Board Staff Report '; FLUM Amendment & Rezonin§,. ,hr Redevelopment Area Page 7 All futura development within the requested designations will comply with the provisions and requirements of the Land Development Regulations. A detailed discussion of Compliance with the Land Development Regulations is included in the ~Zoning Analysis" section of this report. REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (ReqUired Findings), prior to approval of Land Use 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 ;uthority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. CONSISTENCY: Compliance with the performance standards set forth in Section 3.2.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezonin.q Actions): Standards A, B, C.and E are not applicable with respect to the rezoning requests. The applicable performance standard of Section 3.2.2 is as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. A description of each of the areas to be rezoned is as follows: · Area D: Rezoning of 2 parcels from I (Industrial) to MIC (Mixed Industrial & Commercial) These two parcels are located approximately 100 feet east of Tangelo Terrace, between Poinsettia Drive and Georgia Street. They both contain detached single family homes, which are a nonconforming use in the Industrial zoning district and ·: '. P & Z Board Staff Report , FLUM ,Amendment & Rezoni%a;,~)r Redevelopment Area Page 8 they are surrounded by industrial uses. They cannot be mdeveloped to more compatible use within the Industrial zoning district, because they do not meet the minimum 20,000 square feet lot size requirement. Since the lots are adjacent to MIC zoning on the east, which does not have a minimum lot size requirement, they an being rezoned to MIC. With this change, the lots will be able to be redeveloped, thereby becoming mom compatible with adjacent development. There are no compatibility concerns with the rezoning of these properties which are surrounded by heavy industrial uses. Area E: Rezoning of 36 pamels from R-I~A (Single Family Residential) to LI (Light Industrial) These parcels contain two City storm water detention areas and undeveloped .property. The surrounding development includes: a chumh (located within the redevelopment area and currently zoned CF); multiple family residential to the east; a convenience store and single family to the west (located within the redevelopment area and currently zoned MI(;); the City cemetery to the north and light industrial to the south. The rezoning to LI (Light Industrial) will allow uses compatible with those allowed on the adjacent industrially zoned properties. As previously stated, the adjacent residential developments are separated from the properties in question by existing streets, including SW' 10th Avenue and SW 10th Street, which are City (;ollector roadways. The Light Industrial zoning district has stricter development standards than the MIC and I zoning districts and limits the types of uses. There an also regulations in place to mitigate adverse impacts on adjacent properties. Section 2.4.5(D){5) (Rezonin.cl Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: That the zoning had previously been changed, or was originally established, in error; That there has been a change in circumstances which make the current zoning inappropriate; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is mom appropriate for the property based upon circumstances particular to the site and/or neighborhood. The appropriate masons for the proposed rezonings are "b" and "c":, based on the following: The proposed mzonings are :mqu red to implement the provisions of the Wallace Ddve Redevelopment Plan. Given the small size of the properties at Tangelo Terrace, the current I (Industrial) zoning distdct is inappropriate and MIC (Mixed Industrial & P & Z Board Staff Report ~ FLUM Amendment & Rezonin~,.~or Redevelopment Area fY2 Page 9 Commemial) is more appropriate, based on circumstances particular to the sites. Given the location of the Single Family Residential zoned properties and the prevailing development pattern in the area, the proposed LI (light Industrial) zoning is more appropriate than R-1-A. The adoption of the plan establishes the City's finding that the proposed zonings are more appropriate than the existing. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. Throe-fourths of the land area within the Redevelopment Area will rotain its existing industrial zoning designations, so the current action will not have an impact on those properties' ability to comply with the Land Development Regulations. No development proposals are currently under review for any property within the redevelopment area. Any proposed development will be subject to the provisions of the new zoning districts. Since the proposed rezonings will affect the land development regulations and applicable development standards for the subject properties, it is also appropriate to discuss the impact of the rezonings on existing development. a. I to MIC. As stated earlier, the two parcels contain detached single family homes, which are a nonconforming use in the Industrial zoning district. They cannot be redeveloped to a more compatible use within the Industrial zoning district, because they do not meet the minimum 20,000 square feet lot size requirement. The proposed MIC district will allow the lots will be redeveloped. b. R-1-A toLl.. This area contains a mix of single-family homes and storm water detention areas and undeveloped property. The existing single family residences will become nonconforming uses. Although the Redevelopment Plan encourages the aggregation of pamels, accommodations will be necessary to allow development on smaller parcels whero aggregation is not possible. The Redevelopment Plan recommends the creation of an overlay aroa within the LI (Light Industrial) zoning district which amends the development standards for the LI Distdct to reduce the minimum development area, lot size, lot dimensions and tenant space requiroments. The oveday will also include provisions to increase the front setback for properties fronting on Wallace Ddve. The modified development standards will be similar to those in the adjacent MIC zoning district. The text amendment will be processed following adoption of the Redevelopment Plan and will be scheduled to be adopted concurrently with the FLUM Amendments and Rezonings, now under review. With this amendment, there should be no problems complying with the Land Development Regulations. P & Z Board Staff Report ', FLUM Amendment & Rezoni[..=.,~for Redevelopment Area #2 Page 10 The subject property is not within a geographical area requiring review by the Community Redevelopment Agency, Downtown Development Authority or the Histodc Preservation Board. Courtesy Notices: Courtesy notices have been provided to the following homeowner's associations, which have requested notice of developments in their areas: · President's Council · Progressive Residents of Delray (PROD) · Osceola Park HOA · Seacrest HOA · Lake Ida HOA · Harbourside HOA · Rio Delray Shores HOA · Gateway HOA · West Side Heights HOA · Southddge HOA · Woods of Southddge HOA · Delray Beach Heights HOA · Ebony of Delray HOA · Atlantic Park Garden HOA · Lincoln Park HOA · Delray Memhants Association Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. The existing RDA-2 (Redevelopment Area #2) FLUM designation was applied to the subject properties to act as a holding zone until a redevelopment plan for the area could be prepared. The Redevelopment Plan has been completed and is currently being processed through a comprehensive plan amendment. In order to be consistent with the Redevelopment Plan, the existing FLUM designation is being changed to CMR (Commerce), IND (Industrial) and CF-C (Community Facilities - Churches). These designations are consistent with the proposed zoning designations of MIC (Mixed Industrial & Commercial), I (Industrial), LI (Light Industrial) and CF (Community Facilities). Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. A. Continue with direction. · ~ 'P &ZBoard Staff Report~ FLUM Amendment & Rezoni%;. ~:or Redevelopment Area #2 Page 11 Bo Recommend to the City Commission approval of FLUM Amendments and rezonings of the subject parcels, based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. Recommend denial of the FLUM Amendments and Rezonings based on a failure to make positive findings and that the FLUM amendments and rezonings fail to fulfill one of the basis for which a FLUM Amendment or rezoning should be granted. Recommend to the City Commission app~'0val of the proposed FLUM Amendments from RDA-2 (Redevelopment Area #2) to: · CMR (Commerce) for the parcels within "Area A" identified in Appendix A; · IND (Industrial) for the parcels within "Area B" identified in Appendix A; · CF-C (Community Facilities-Churches) for the parcel within "Area C" identified in Appendix A; based on positive findings with respect to Future Land Use Element Policy A -1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings),~ and the Goals, Objectives, and Policies of the Comprehensive Plan; and, 2. Recommend to the City Commission approval of the following rezoning requests: · I (Industrial) to MIC (Mixed Industrial and Commercial) for the parcels in "Area D' identified in Appendix A; and · R-1-A (Single Family Residential) to LI (Light Industrial) for the parcels in "Araa E" identified in Appendix A; based on positive findings with. respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan. Attachments: [3 Future Land Use Map Zoning Map [3 Appendix A - Legal Descriptions prepared by: Ron HoClqard, Senior Planner FLUM AREA A: LOTS 1-16, INCLUSIVE, ESQUIRE SUBDIVISION, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 43, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 1-3, INCLUSIVE AND LOTS 6-11, INCLUSIVE, PLAq-r's ACRES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 47, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; .- LOTS 7 & 8, BLOCK A; ALL OF BLOCK B; LOTS 3-8, INCLUSIVE, BLOCK C; AND ALL OF BLOCK D (LESS S. 158 FT. OF LOT 8), SUNNY ACRES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 63, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; SUBDIVISION OF SECTION 20, TOWNSHIP 46 S., RANGE 43 E., E 100 FT OF W 1/4 OF LOT 29 (LESS S 200 FT), OF MAP SHOWING SUBDIVISIONS OF PORTIONS OF TOWNSHIPS 45 AND 46, SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; SUBDIVISION OF SECTION 20, TOWNSHIP 46 S., RANGE 43 E., E 1/2 OF W 1/2 OF LOT 30 (LESS S 183 FT), OF MAP SHOWING SUBDIVISIONS OF PORTIONS OF TOWNSHIPS 45 AND 46, SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 4, OF THE PUBL C RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; ALL OF THE PLAT OF LANDSCAPE TECHNIQUES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 75, PAGE 41, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; TRACT A, TENTH STREET COMMERCE PARK, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 88, PAGE 121, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. FLUM AREA B: LOTS I & 2, BLK C, SUNNY ACRES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF. RECORDED IN PLAT BOOK 21, PAGE 63, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. P & Z Board Staff Repo~ ~ FLUM Amendment & Rezoni%~. ~or Redevelopment Area #2 Page 13 FLUM AREA C: SUBDIVISION OF SECTION 20, TOWNSHIP 46 S., RANGE 43 E., E 1/4 OF LOT 29, OF MAP SHOWING SUBDIVISIONS OF PORTIONS OF TOWNSHIPS 45 AND 46, SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. REZONING - AREA D: LOTS 3 & 4, BLOCK C, SUNNY ACRES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 63, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. REZONING - AREA E: LOTS 9-16, INCLUSIVE, ESQUIRE SUBDIVISION, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 43, OF THE PUBLIC RECORDS OF pALM BEACH COUNTY, FLORIDA; TOGETHERWITH; LOT 8, BLOCK D (LESS S. 158 FT), SUNNY ACRES, A SUBDIVISION IN PALM BF-ACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 63, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; SUBDIVISION OF SECTION 20, TOWNSHIP 46 S., RANGE 43 E., E 1/2 OF W 1/2 OF LOT 30, LYG EAST OF WALLACE DRIVE (LESS S 183 FT), OF MAP SHOWING SUBDIVISIONS OF PORTIONS OF TOWNSHIPS 45 AND 46, SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. ~\carolina\departments~planning & zoning~boards~o&z board\flum & rezoning-redevelopmentfl2.doc PARK TEN SRD ADD. MILFRED S'I~EET MAROONE FORD CIRCUIT CITY 1011'1 GC MAROONE NISSAN INTON MAROONE DODGE ROSS DELRAY BEACH MEMORIAL GARDENS OS STREET MD THE GROVES OESSIE ST. SOUTH~DGE ~LLAGE CONDO BOULEVARD PLAZA FUTURE LAND USE MAP AMENDMENT CHANGES WITHIN REDEVELOPMENT AREA NO. 2 S AC MAROONE FORD CITY MAROONE NISSAN INTON LI OSR DELRA Y BEACH MEMORIAL GARDENS CF RM THE GROVES APAR TMEN REZONING CHANGES WITHIN REDEVELOPMENT AREA NO. 2 (I) INDIlS~RIAL TO (MIC) S CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #4 Southwest Neighborhood Redevelopment Area FLUM Amendment Staff Report SD #4 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF MEETING DATE: AGENDA ITEM: ITEM: July 21, 2003 IV. A. (3.c.) Transmittal Hearing for Comprehensive Plan Amendment 2003-2 - FLUM Amendments and Rezonings Associated with the Southwest Neighborhood Redevelopment Plan. .~-.--~-~-~--~.-., .......... ,,,,.~n.~--~, ...... ,,,,-,,!~,.,,,,.. . II GENERAL DATA: Owner. .......................................... City Initiated Location ........................................ South of West Atlantic Avenue (and north of NWIst Street), between SW 8t~ Avenue and SW 12~ Avenue; East and West sides of SW 5~ Avenue, South of SW Ist Street; and, Northwest Comer of SW 1st Street and SW 4~ Avenue. Property Size ................................. 4.45 Acre~~ Future Land Use Map .................... MD (Medium Density Residential, 5-12 Units/Acre) Proposed FLUM ............................ GC (General Commemial) Current Zoning .............................. RM (Multiple Family Residential - Medium Density) Proposed Zoning ........................... GC (General Commemial) Adjacent Zoning .................. North: GC (General Commemial) East: MD (Medium Density Residential, 5-12 Units/Acre) South: MD (Medium Density Residential, 5-12 Units/Acre) West: MD (Medium Density Residential, 5-12 Units/Acre) Existing Land Use ........................ Single Family Residential, Multiple Family Residential, & Vacant Water Service ............................... Available to all properties. Sewer Service .................. ~ ............ Available to all properties. IV. A. f3.c.I Planning and zoning Board St,-J<.~eport . ) FLUU Amendment and Rez0r. o/- Southwest Area Neighborhood Redevek.~,ment Plan Page 1 The action before the Board is that of making a recommendation to the City Commission on proposed Future Land Use (FLUM) Amendments from MD (Medium Density Residential 5-12 du/ac to GC (General Commemial) and Rezonings from RM (Multiple Family Residential - Medium Density) to GC (General Commemial) associated with the Southwest Area Neighborhood Redevelopment Plan. The Future Land Use Map Amendments involve three areas totaling 4.45 acres (See attached Map): El Area A: Ten (10) parcels located approximately 400' south of West Atlantic Avenue, between SW 8~h Avenue and SW 12~h Avenue (1.65 acres); E! Area B: Eight (8)"parcels located on the east and west sides of SW 5th Avenue, south of SW ls~Street (1.4~6 acres). El Area C: Fourteen (14) parcels_19cated at the northwest comer of SW 4th Avenue and SW 1st Street (1.34 acres). Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM Amendments or Rezoning of any property within the City. At its meeting of June 3, 2003, the City Commission adopted the Southwest Area Neighborhood Redevelopment Plan, which establishes a blueprint for the revitalization and stabilization of the area. This area is o~enerally defined as the area bounded by West Atlantic Avenue on the north, SW 10"' Street on the south, Interstate 95 on the west, and Swinton Avenue on the east. The Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the previsions of the Redevelopment Plan. The properties in question are located within the Southwest Area Neighborhood, which ovedaps the West Atlantic Avenue Redevelopment Area. Guidelines for redevelopment of this area are contained within the recently adopted Southwest Area Neighborhood Redevelopment Plan as well as the West Atlantic Avenue Redevelopment Plan (adopted in 1995) and Downtown Delray Beach Master Plan (adopted in 2002). The Southwest Area Neighborhood Redevelopment plan calls for mixed commercial, office and residential development south of the retail core along Atlantic Avenue, between SW 8th Avenue and SW 12th Avenue (Northwest Quadrant). The plan also calls for significant redevelopment of properties along SW 5th Avenue, south of SW Ist Street, and the area west of SW 4~h Avenue, north of SW 1st Street to include neighborhood oriented retail and office uses, as well as a vadety of housing types (Frog Alley area). Further, pursuant to the West Atlantic Avenue Redevelopment Plan Development Planning and zoning Board St," '~ ~eport FLUM Amendment and Rezor. d'- Southwest Area Neighborhood Redevek,~,ment Plan Page 2 Opportunities Section, the following is stated regarding the area at the northwest comer of SW 4th Avenue and SW Ist Street (Block 29): n opportunit~ also exists for the future rezomng of the rear portion of the block on SW 4~h Avenue to commercial. This small area, located between the Po/ice Station on the east side and the commercial area on the west may be better suited for commercial uses." REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant '{o Section 3.1.1 (Required Findings), prior to approval of Land Use 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 Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Southwest Area Neighborhood Redevelopment Plan. The proposed FLUM amendments will assign a Future Land Use Map designation of GC (General Commemial) and the proposed rezoning to GC (General Commercial) is consistent with this FLUM designation. These changes will accommodate mixed-use development with a potential for increased residential densities to a maximum of 30 units per acre subject to conditional use approval. Thus, positive findings can be made regarding consistency of the FLUM designations and zonings. The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations are discussed below. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: Demonstrated Need.- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a Planning and zoning Board S~[;"~eport ~ FLUM Amendment and ReZ°i,. ~- Southwest Area Neighborhood Redevel~,~,~ent Plan Page 3 comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The adopted Southwest Area Neighborhood Redevelopment Plan includes recommendations for redevelopment of the subject properties. The proposed FLUM amendments and associated rezonings will fulfill proposed Future Land Use Element Policy C-1.7, which is being adopted as part of the City's comprehensive plan Amendment 2003-2, and states the following: Future Land Use Element Policy C-1.7 The following pertains to the Southwest Neighborhood Redevelopment Area: This area is generally defined as the area bounded by West Atlantic Avenue on the north, SW 10~h Street on the south, Interstate 95 on the west, and Swinton Avenue on the east. Many of parcels in the area contain vacant o~ dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the vadous plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. Consistency -- The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. As stated above, the proposal will be consistent with the goals, objectives and policies of the City's Comprehensive Plan following adoption of Comprehensive Plan Amendment 2003 -2. · Concurrency - Development at the highest intensity possible under the requested designation can meet the ~dopted concurrency standards. The proposed FLUM and Zoning changes to GC will accommodate mixed use development as well as neighborhood oriented commercial development consistent Planning and zoning Board St' ~eport . ~ FLUM Amendment and Rezon,,.<J - Southwest Area Neighborhood Redevelo~ent Plan Page 4 with the adopted Neighborhood Redevelopment Plan. The highest intensity possible under the requested GC designation will be mixed use development consisting of commercial and residential uses at a maximum density of 30 units per acre. This scenario would allow a total of 133 units, which represents an increased residential development potential of 80 units over that currently allowed under the existing MD land use designation (4.45 acm X. 12 u/a = 53). Pursuant to the description of the General Commemial land use designation within the Future Land Use Element of the City's Comprehensive Plan, a maximum floor area ratio (FAR) of 3.0 is permitted for nonresidential uses in this area. This FAR is unlikely in this area given the land development requirements and its location adjacent to residential properties, city facilities such as water, sewer, and drainage have sufficient capacity to handle development of this area at the potential development intensity allowed under the proposed GC FLUM designation. Similarly, solid waste can be accommodated by existing County facilities. As the majodty of the properties are located in the TCEA (Transportation Concurrency Exception Area), traffic is not an issue. The proposed 1.46 acre commercial area along SW 5th Avenue, extending 200' south of SW 1st Street, is not located within the TCEA. However, the development potential for this area is very limited, given the depth of the lots (approximately 135'). It is noted that the amendment will facilitate the construction of new housing in the downtown area, which will foster a development mix that is less auto dependent. The Open Space and Recreation Element of the Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards". A park' impact fee is collected to offset any impacts that the project may have on the City's recreational facilities. Pursuant to 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. School concurrency will be addressed with future proposals for residential development, however the maximum additional 80 units is not anticipated to be a concern. Thus, positive findings can be made at this time with regard to concurrency for all services and facilities. Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area. As previously stated, the FLUM amendments and rezonings for these properties were anticipated with the adoption of the Southwest Areas Neighborhood Redevelopment Plan. Also, the West Atlantic Avenue Redevelopment Plan anticipated rezoning of the properties at the northwest comer of SW Ist Street and SW 4 Avenue to commercial. The area at the northwest comer of SW Ist Street and SW 4th Avenue abuts commercial property to the north and west and is adjacent to the City's police Station on the east. The property is also separated from the RM zoned property to the south by SW 1st Street and faces a City drainage retention area. The commercial properties which will extend 200' south of SW 1st Street have narrow depths, thus their development potential is limited. The FLUM amendment · Planning and zoning Board S~ '~epo~ · FLUM Amendment and Rezon.,(~ - Southwest Area Neighborhood Redevelopment Plan Page 5 -for the properties between SW 8th Avenue and SW 12~h Avenue results in "squaring-off' the GC zoned portion to a depth of 400' to better accommodate redevelopment. There are development regulations currently in place to mitigate any potential impacts with adjacent properties. Based upon the above, the proposed FLUM and zoning designations are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. Compliance - Development under'the requested designation will comply with the provisions and requirements of the Land Development Regulations. All future development within the requested designation will comply with the provisions and requirements of the Land Development Regulations. Compliance with the Land Development Regulations will be further addressed with review of a conditional use or site plan request as applicable. REQUIRED FINDINGS (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information 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 Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this .report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. Section 3.2.1 (Basis for Determining Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezonin.q Actions): Standards A, B, C and E are not applicable with respect to the rezoning requests. The applicable performance standard of Section 3.2.2 is as follows: Planning and zoning Board St ~eport ~ FLUM Amendment and Rezon,,,g - Southwest Area Neighborhood Redevelopment Plan Page 6 (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to property mitigate adverse impacts from the new use. As previously stated, the FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Southwest Area Neighborhood Redevelopment Plan. As discussed under Future Land Use Element Policy A-1.7, the proposed FLUM and zoning designations are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. Also, thero aro development regulations currently in place to mitigate any potential impacts with adjacent properties. Section 2.4.5(D)(5) (Rezonin.q Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a= That the zoning had previously been changed, or was originally established, in error; That there has been a change in circumstances which make the current zoning inappropriate; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The appropriate reasons for the proposed rezonings are "b" and "c": based on the following: The proposed rezonings are required to implement the provisions of the Southwest Area Neighborhood Redevelopment Plan. In order to implement the development scenarios identified in the Plan, rezoning of the subject properties is appropriate as there has been a change in circumstances which make the current zoning inappropriate. Also, the GC zoning is more appropriate given the proposed FLUM designation. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS- Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. No formal land development application has been received for the subject property. Any proposed development will need to comply with the Land Development Regulations. Planning and zoning Board St ~eport FLUM Amendment and Rezon., .g - Southwest Area Neighborhood Redeve~upment Plan Page 7 Community Redevelopment A.qency: At its meeting of July 16, 2003, the Community Redevelopment Agency reviewed and recommended approval of the FLUM amendments and rezonings to General Commemial (GC). Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: · Atlantic Park Gardens · Ebony of Delray · Lincoln Park · Delray Merchants Association · PROD (Progressive Residents of Delray) · Presidents Council Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. The FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Southwest Area Neighborhood Redevelopment Plan. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore the proposed FLUM amendments and rezonings can be recommended for approval based on the findings outlined in this report. Co Continue with direction. Recommend to the City Commission approval of FLUM Amendments and Rezoning to the subject parcels, based on positive findings with. respect to Future Land Use Element Policy A -1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), the adopted Southwest Area Neighborhood Redevelopment Plan and the Goals, Objectives and Policies of the Comprehensive Plan. Recommend denial of the FLUM Amendments and Rezonings based on a failure to make positive findings and that the FLUM amendments and rezonings fail to · Planning and zoning Board St~ -;~'eport FLUM Amendment and Rezo~,...d - Southwest Area Neighborhood Redeve~,.~ent Plan Page 8 fulfill one of the basis for which a FLUM amendment or rezoning should be granted. Recommend to the City Commission approval of the proposed FLUM Amendment from MD (Medium Density Residential 5 - 12 du/ac) to GC (General cOmmercial) and Rezoning from (Multiple Family Residential - Medium Density) to GC (General Commercial) for the following: El Area A' Ten (10) parcels located approximately 400' south of West Atlantic Avenue, between SW 8th Avenue and SW 12a Avenue (1.65 acres); El Area B: Eight (8~) parcels located on the east and west sides of SW 5~' Avenue, south of SW 1~' Street (1.46 acres); Area C: Fobrteen (14) parcels located at the northwest comer of SW 4th Avenue and SW 1st Street (1.34 acres); based on positive findings with respect to Future Land Use Element Policy A -1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), the adopted Southwest Area Neighborhood Redevelopment Plan and the Goals, Objectives and Policies of the Comprehensive Plan. Attachments: · Proposed Future Land Use Map Amendments · Proposed Rezonings 0 0 ITl 0 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # '~q~ ~ - REGULAR MEETING OF JANUARY 6. 2004 ORDINANCE NO. 48-03 .(PRIVATELY INITIATED REZONING/DELRAY HARBOR CLUB CONDOMINIUM) JANUARY 2, 2004 This ordinance is before Commission for second reading and a quadjudidal heating for rezoning from POD (Professional Office District) in part and CD (Conservation District) in part to RM (Medium Density Residenrial) for a 0.509 acre portion of the Delray Harbor Club Condominium Development located on the east side of U.S. Highway No. 1, approximatdy 650 feet south of S.E. 10m Street. The subject property consists of the Corniche Replat 1, less and except Tract "A". The property is currently vacant. The proposal is to rezone the property to accommodate a new entrance feature to the existing condominium development which includes instulhtion of a gate house, guest parking and landscap'mg areas. The Phnning and Zoning Board held a public heating in conjunction with the rezoning and Future Land Use Map (FLUM) amendment requests. A representative for the Harborslde Condominium development expressed concerns with the future boat ramp development of the Florida Inland Navigational District (FIND) parcel; however, expressed no objections to this specific proposal. The Board unanimously voted 4-0 to recommend that the requests be approved, based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM flmaendment Findings), Land Development Regulations Section 3.1.1 (Requi~ed Findings), Land Development Regulations Section 2.4.5(D)(5) (Rezoning Findings), and the goals, objectives, and policies of the Comprehensive Plan. At the first reading on December 9, 2003, the City Commission passed Ordinance No. 48-03. Recommend approval of Ordinance No. 48-03 on second and final reading. ~\City Clenk\agenda memo~\Ord.48.03 01.06.04 Re2°nmg Delray Harbor Club TO: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER ~~~ JEFF COSTELLO, ASSISTANT PLAN~T~I~~ MEETING OF DECEMBER 9, 2003 PRIVATELY SPONSORED REZONING FROM POD (PROFESSIONAL AND OFFICF DISTRICT) IN PART AND CD (CONSERVATION DISTRICT) IN PART TO RM (MEDIUM DENSITY RESIDENTIAL) FOR A 0.509 ACRE PARCEL LOCATED ON THE EAST SIDF OF SOUTH FEDERAL HIGHWAY APPROXIMATELY 650 FEET SOUTH OF SE 10TM STREET. The subject property consists of the Corniche Replat I, less and except Tract "A" and contains 0.509 acres. The property is currently vacant. The applicant (Delray Harbor Club) proposes to use the property for a new entrance feature to the existing condominium which includes installation of a gate house, guest parking and landscaping areas. In order to accommodate the proposed improvements, the applicant proposes to rezone the property from POD (Professional and Office District) in part and CD (Conservation District) in part to RM (Multiple Family Residential) At its meeting of August 5, 2003, the City Commission approved transmittal to the Florida Department of Community Affairs (DCA) of the associated FLUM amendments for the property in conjunction with Comprehensive Plan Amendment 2003-2. The associated FLUM amendments ara scheduled for second reading at the January 6th City Commission meeting. If approved on first reading, the second reading of the rezoning ordinance will occur at the same meeting as the adoption of the Comprehensive Plan amendment. Additional background and analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of July 21, 2003, the Planning and Zoning Board held a public hearing in conjunction with the Rezoning and FLUM amendment requests. A representative for the Harborside Condominium development expressed concerns with the future boat ramp development of the FIND (Florida Inland Navigational District) parcel; however expressed no objections to this specific proposal. After reviewing the staff report and discussing the proposal, the Board unanimously voted 4-0 (Sowards stepped down; Woehlkens and Mords absent) to recommend that the requests be approved, based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. By motion, approve on first reading the ordinance for the proposed rezoning from POD (Professional and Office District) in part and CD (Conservation District) in part to RM (Medium Density Residential) based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. Attachments: P & Z Staff Report of July 21, 2003 & Proposed Ordinance ORDINANCE NO. 48-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POD (PROFESSIONAL AND OFFICE) DISTRICT IN PART, AND CD (CONSERVATION) DISTRICT IN PART TO RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE EAST SIDE OF U.S. HIGHWAY NO I, APPROXIMATELY 650 FEET SOUTH OF SE 10TM STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL, 2003"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 2003, as being zoned POD (Professional and Office) District in part, and CD (Conservation) District in part District; and WHEREAS, at its meeting of July 21, 2003, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 4 to 0 to recommend that the property hereinafter described be rezoned, based upon positive fmdings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMlVlISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of RM (Medium Density Residential) District for the following described property: The Comiche Replat I, less and except Tract "A" accord'rog to the Plat thereof, as recorded in Plat Book 79, Page 50, of the Public Records of Palm Beach County, Florida Section 2. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 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 this ordinance shall become effective mediately upon the effective date of Ordinance 20-03, under which official land use designation of MD (Medium Density Residential 5- 12 du/ac) is affixed to the subject parcel hereinabove described. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of ., 200__. ATTEST M A Y O R City Clerk First Reading Second Reading 2 ORD NO. 48-03 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: July 21, 2003 IV. A. (3a.) Future Land Use Map Amendment From TRN (Transitional) In Part and OS-C (Open Space-Conservation) In Part To MD (Medium Density Residential 5-12 du/ac) and Rezoning From POD (Professional Office District) In Part and CD (Conservation District) In Part To RM (Multiple Family Residential -Medium Density) For a 0.509 Acre Portion of Delray Harbor Club Condominium Development (Quasi-Judicial Heating). GENERAL DATA: Proposed Zoning ........................ Adjacent Zoning ................ North: East: Sou~h: West: Owner/Applicant ......................... Delray Harbor Club Agent .......................................... Robert G. Currie Partnership, Inc. - Jose Aguila, AIA Location ...................................... Located on the east side of U.S. Highway No 1, approximately 650 feet south of S.E. 10~ Street. Property Size .............................. 0.509 Acres Future Land Use Map ................TRN (Transitional) & OS-C (Open Space - Conservation) Proposed FLUM .......................... MD (Medium Density Residential, 5-12 Units/Acre) Current Zoning ............................ POD (Professional Office District) & CD (Conservation District) RM (Medium Family Residential - Medium Density) RM (Medium Family Residential - Medium Density) CD (Conservation District) POD (Professional Office District) MH (Mobile Home) & PC Planned Commerdal) Existing Land Use ...................... Vacant Proposed Land Use .................... FLUM Amendment and Rezoning. Water Service ............................. Existing on site. Sewer Service ............................. Existing on site. LIN TON B LVD, IV. A. (3a.) The action before the Board is that of making a recommendation to the City Commission on a privately sponsored Future Land Use Map (FLUM) Amendment from TRN (Transitional) in part and OS-C (Open Space, Conservation) in part to MD (Medium Density Residential 5-12 dwelling units per acre) and rezoning from POD (Professional Office District) in part and CD (Conservation District) in part to RM (Multiple Family Residential - Medium Density) for a 0.509 acre parcel located on the east side of South Federal Highway approximately 650 feet south of SE 10th Street. Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM and Rezoning Amendments for any property within the City. The subject property consists of the Comiche Replat I, less and except Tract "A' and contains 0.509 acres. The property is currently vacant. The applicant (Delray Harbor Club) proposes to use the property for a new entrance feature to the condominium with a gate house, guest parking and landscaping areas. In April of 1986, the triangular shaped parcel, was platted and titled "The Comiche" (PB 53, PG 28). An 18-foot wide access easement was located 42-feet south of the north line of this plat. This access easement was needed for ingress/egress to the FIND (Florida Inland Navigation District) parcel to the east of the subject parcel. On September 10, 1985 the City Commission approved a site plan for the construction of a three story, 7,714 sq. ft. commercial bank and office building with drive-thru banking facility. However, the construction never commenced and the site plan expired. In December of 1995, the same triangular shaped parcel of land was replatted by "The Comiche Replat" (PB 76, PG 97). The 18-foot wide access easement was rededicated as a 24-foot wide public access easement and relocated to the north 24' of the plat. This newly created 24-foot public access easement was dedicated to the City of Delray Beach for access and recreational purposes. In March of 1997, the same triangular shaped parcel of land was replatted again by "The Comiche Replat 1" (PB 79, PG 50). The 24-foot public access easement was replaced with the dedication of Tract "A" and relocated on the south 24' Of the plat. Tract "A" is dedicated to the City of Delray Beach for public access and recreational purposes to Lot 27, Block 2 of the Model Land Co. Subdivision (a.k.a. the FIND Parcel). Finally, at its meeting of July 2, 2002 the City Commission approved the abandonment of a 24' public access easement within the Corniche Replat (north 24' easement). ~lanning and Zoning Board £ ~ Report Delray Harbor Club - FLUM ~.,fendment and Rezoning Page 2 This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187) as part of Comprehensive Plan Amendment 2003-2. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use 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 Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and COmpliance with the Land Development Regulations. FUTURE LAND USE MAP: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. While the TRN (Transitional) FLUM designation is consistent with the proposed RM zoning district, the FLUM amendment to MD will allow overall consistency with the balance of the Delray Harbor Club property. The OS-C FLUM designation is inconsistent with the proposed RM zoning and is inappropriate as it is no longer part of the much larger conservation pamel to the east. The proposed FLUM amendment and rezoning are to enable the con§truction of a new entry gate, visitor parking and landscaping for the Delray Harbor Club condominium development. These improvements are allowed as an accessory use to the existing condominium development. The RM (Multiple Family Residential) zoning district is consistent with the proposed MD (Medium Density Residential) Future Land Use Map designation. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: [3 Demonstrated Need - That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar ~anning and Zoning Board ,c Report Oelray Harbor Club - FLUM .~,,~endment and Rezoning Page 3 intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The proposal involves a privately initiated FLUM designation change from TRN (Transitional) in part and OS-C (Open Space, Conservation) in part to MD (Medium Density Residential 5-12 du/ac) and rezoning from POD (Professional Office District) in part and CD (Conservation District) in part to RM (Multiple Family Residential - Medium Density). As stated eadier, the proposed MD FLUM designation allows a new gate house and parking area associated with the existing Delray Harbor Club condominium, which is located to the north, immediately adjacent to the subject property. The Harborside condominium development exists to the south of the subject property, which is a similar type of residential condominium development as Delray Harbor Club and also has a MD FLUM designation. ' To the east of the subject property is the existing vacant FIND (Florida Inland Navigational District) property which has a FLUM designation of OS-C and a zoning designation of CD. To the west, across northbound Federal Highway, exists a vacant parcel of land with a FLUM designation of GC (General Commercial) and a zoning designation of PC (Planned Commerical) and further to the west across southbound Federal Highway exists the Floranda Trailer Park which has a TRN FLUM designation and a MH (Mobile Home) zoning designation. Given the existing character and FLUM designations of the surrounding area the proposed MD designation is the most appropriate for the subject property and is consistent with this Policy of the 'Comprehensive Plan. [q Consistency - The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. The following are the applicable objective is noted: Future Land Use Element Objective A-l: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent uses, and fulfills remaining land use needs. The subject property does not have any unique environmental characteristics that would prohibit development of the site or require mitigation measures. Although a portion of the property has an OS-C FLUM designation and is zoned CD (Conservation District), this portion of the property was part of an overall conservation tract, which contains mangroves. In addition, the properties small size limits the development potential of the site under the currant POD zoning designation, which allows office type uses and is situated between two condominium developments. The FLUM amendment to MD and zoning to RM will ensure the property will be developed in a manner that will be complementary to the adjacent residential condominiums to the north and south. With review of a specific development proposal this policy will be revisited. Planning and Zoning Board .' ~ Report Delray Harbor Club - FLUM ~ ~tendment and Rezoning Page 4 Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The existing TRN FLUM designation is consistent with the POC (Planned Office Complex), POD (Professional Office Development), RO (Residential Office), NC (Neighborhood Commemial) and RM (Multiple Family Residential - Medium Density) zoning designations. The intensities of the uses allowed under the office and neighborhood commercial zoning districts is much greater than the intensities allowed under the MD FLUM designation, which does not allow office or commemial development. Development of the preperty will be limited to uses permitted under the proposed MD Future Land Use Map and RM zoning designations. The intended use is for a new entry feature including a gate house and guest parking for the existing Delray Harbor Club condominium development. Residential development is limited to a maximum of 12 units to the acre, which is the same as the TRN. This would allow a maximum of six (6) units to be constructed on the preperty, which would generete 42 averege daily vehicular tdps. There is adequate capacity on Federal Highway to accommodate potential traffic genereted by the proposed MD FLUM designation. There are no other concerns meeting other level of Service standards relating to dreinage, water and sewer, solid waste, parks and recreation facilities, and schools. Dreinage can be accommodated on site via an exfiltretion system. City facilities, such as water and sewer, and parks have sufficient capacity to handle development under the MD FLUM and RM zoning designations. Similarly, solid waste can be accommodated by existing County facilities and the development potential for 6 residential units should have no impacts relating to schools. Thus, positive findings can be made at this time with regard to concurrency for all services and facilities. Compliance - Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Future redevelopment of the 0.509 acre parcel of land will occur in accordance with the City's Land Development Regulations during the site plan review process. It is anticipated that there should be no problems complying with the Land Development Regulations. The proposed City zoning designation is RM (Multiple Family Residential) while the current zoning designation is POD (Planned Office District) in part and CD (Conservation District) in part. The zoning designations of the surrounding properties · are identified in the Future Land Use Map Amendment Analysis section of this report. Section 3,2.2 (Standards for Rezoninfl Actions): Standards B, C and E are not applicable. The applicable performance standards of Section 3.2.2 are as follows: (A) The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a different Planning and Zoning Board ~); Report Delray Harbor Club - FLUM ~,,lendment and Rezoning Page 5 zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. The property is located within the area identified as stable on the Residential Neighborhood Categorization Map. The development pattem along the east side of northbound Federal Highway between Linton Boulevard and SE 10th Street is such that properties have been primarily developed as multiple family residential condominiums (RM zoning) with the exception of the Old Harbor Plaza commercial shopping plaza, located at the northeast comer of Linton Boulevard and Federal Highway. Therefore, the proposed rezoning is consistent with this standard. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The following zoning designations and uses border the property: Direction Zonincj Uses North RM West PC and MH South RM East CD and OS-C Delray Harbor Club Condominiums Vacant land and Floranda Trailer Park Harborside Condominiums Vacant land The proposed rezoning is compatible with the adjacent land uSes and consistent with the development pattern along Federal Highway. Secfion 2.4.5(D)(5) (Rezonin;i Findin.cls): .PUrsuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: That the zoning had previously been changed, or was originally established, in error; That there has been a change in circumstances which make the current zoning inappropriate; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. As noted previously, the development pattern along northbound Federal Highway has been established such that the properties along the east side of the road have been pdmadly developed as multiple family condominiums. The proposed rezoning to RM is consistent with the MD FLUM designation. The proposed rezoning will allow the subject Planning and Zoning Board ,~ ? Report Delray Harbor Club - FLUM ~,nendment and Rezoning Page 6 property to be developed of a similar intensity as the surrounding area. Therefore, a finding can be made the rezoning fulfills subsection "c." The property is not in an area that requires review by the CRA (Community Redevelopment Area) or the DDA (Downtown Development Authority). Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Lettem of support or objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: · Harborside Condominium · Presidents Council · Osceola Park · Rio Delray Shores · PROD The Future Land Use Map (FLUM) Amendment from TRN (Transitional) in part and OS- C (Open Space, Conservation) in part to MD (Medium Density Residential 5-12 d.u./acre) and rezoning from POD (Professional Office District) in part and CD (Conservation District) in part to RM (Multiple Family Residential - Medium Density) for a 0.509 acre parcel located on the east side of South Federal Highway approximately 650 feet south of SE 10m Street, is consistent respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. The MD FLUM and RM zoning designations are more appropriate given the existing RM zoning along the east side of S. Federal Highway, north and south of the site, and to maintain consistency with the balance of the adjacent Delray Harbor Club, the owner of the subject property. Continue with direction. Recommend to the City Commission approval of the FLUM Amendment and Rezoning for the subject property, based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5.(D)(5) (Rezoning Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan; or Planning and Zoning Board .~ ! Report Delray Harbor Club - FLUM ~nendment and Rezoning Page 7 Co Recommend to the City Commission denial of the FLUM Amendment and Rezoning based on a failure to make positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and Section 3.1.1 (Required Findings) of the Land Development Regulations, with the basis stated. Recommend to the City Commission approval of the proposed FLUM Amendment from TRN (Transitional) in part and OS~C (Open Space - Conservation) in part to MD (Medium Density Residential 5-12 d.u./ac) and approval of the Rezoning from POD (Professional Office District) in part and CD (Conservation District) in part to RM (Multiple Family Residential - Medium Density) based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM' Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. Report prepared by: Michelle Hoyland, Senior Planner Attachments: · Proposed Future Lend Use Map · Zoning Map · Survey 05~ MD GC 05-C N DELRAY HARBOR CLUB -- FLUM AMENDMENT - FROM: TRN (TRANSITIONAL) & TO: MD (MEDIUM DENSITY OS-C (OPEN SPACE - CONSERVATION) RESIDENTIAL, 5-12 UNITS/ACRE) BAUHINIA CONDOS EXECU~V~ OUARTERS AZALEA RD. TRAILER ' S.[. 12TH RD. PARK DELRA Y PLAZA PC WOODS TREE LANE PC OLD HARBOUR PLAZA HARBOUR ~0£ DOMAINE DELRA Y HARBOURS EDGE TREE VILLAGE RM HARBOURS EDGE BROOKS LN, DUNES RHOOE$ PARK LINTON BOULE ARD N DELI{AY HARBOR CLUB - REZONING - FROM: POD (PROEE$~IONAL OFFICE DISTRICl') TO: RM (MULTIPLE FAMILY & CD (CONSERVATION DISTRICT) RESIOENTIAL - MEDIUM DENSITY) MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # [C5 ~>~ - REGULAR MEETING OF JANUARY 6, 2004 ORDINANCE NO. 4%03 (CITY INITIATED REZONING/W,AI.I.&C1Z. DRIVE REDEVELOPMENT AREA) JANUARY 2, 2004 This ordinance is before Commission for second reading and a quasijuck~ialheating for rezoning from R-1-A (Single Family Residential) to LI (Light Industrial) for parcels of land located on the east side of Wsll~¢e Drive, south of S.W. l0th Street; and, rezoning from I (Industrial) to MIC (Mixed Indusn4ul and Commercial) for two parcels of land located 100 feet east of Tangelo Terrace, between Poinsettia Drive and Georgia Street in conjunction with the Wallace Drive Redevelopment Plan. The W~ll~¢e Drive Industrial Areas is designated as Redevelopment Area #2. The proposed rezonings are required to implement the Redevelopment Plan for the area. At its meeting of August 5, 2003, the City Commission approved transmittal to the Florida Dep~atment of Community Affairs (DCA) of the associated Future Land Use Map (FLUM) amendments for the property in conjunction with Comprehensive Plan Amendment 2003-2. The associated FLUM amendments are before the Commission for second reading and adoption. The Planning and Zoning Board held a public hearing in conjunction with the FLUM amendment and rezoning requests. Several property owners in the area spoke in favor of the requests. One property owner expressed a concern that the development standards for the proposed Light Industrial zoning district would be too stringent on the smaller lots within the redevelopment area. The Board unanimously voted 5-0 to recommend that the FLUM amendment and the rezoning requests be approved, based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), Land Development Regulations Section 3.1.1 (Required Findings), Land Development Regulations Section 3.2.2 (Standards for Rezoning Actions), Land Development Regulations Section 2.4.5(D)(5) (Rezoning Findings), and the goals, objectives, and polities of the Comprehensive Plan. At the first reading on December 9, 2003, the City Commission passed Ordinance No. 49-03. Recommend approval of Ordinance No. 49-03 on second and final reading. S:\City Clerk\agenda memos\Ord.49.03 01.06.04 Rczomng Wallace Drive Redevelopment TO: THRU: FROM: SUBJECT: .,~ .~ANAGER ~.~ F~~T PLANNING DIRECTOR RON ROG'G/~I~ SENIOR PLANNER MEETING OF DECEMBER 9, 2003 CITY INITIATED REZONINGS FOR THE WALLACE DRIVE REDEVELOPMENT AREA FROM I (INDUSTRIAL) TO MIC (MIXED INDUSTRIAL & COMMERCIAL) AND FROM R-1-A (SINGLE FAMILY RESIDENTIAL) TO LI (LIGHT INDUSTRIAL. The Wallace Drive Industrial Area is designated as Redevelopment Area #2. It is bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace on the west. Two- thirds of the area is located west of Wallace Drive, which bisects the area, running diagonally from northeast to southwest. The proposed rezonings are required to implement the Redevelopment Plan for the area. At its meeting of August 5, 2003, the City Commission approved transmittal to the Florida Department of Community Affairs (DCA) of the associated FLUM amendments for the property in conjunction with Comprehensive Plan Amendment 2003-2. The associated FLUM amendments are scheduled for second reading at the January 6th City Commission meeting. If approved on first reading, the second reading of the rezoning ordinance will occur at the same meeting as the adoption of the Comprehensive Plan amendment. Additional background and analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of July 21, 2003, the Planning and Zoning Board held a public hearing in conjunction with the FLUM amendment and Rezoning requests. Several property owners in the area spoke in favor of the requests. One property owner expressed a concern that the development standards for the proposed Light Industrial zoning distdct would be too stringent on the smaller lots within the redevelopment area. Staff explained that an overlay district would be created to amend the development standards, and that this would take place concurrently with final reading of the Future Land Use Map amendment and rezoning ordinances. After reviewing the staff report and discussing the proposal, the Board unanimously voted 5-0 (VVoehlkens and Morris absent) to recommend that the FLUM Amendment and Rezoning requests be approved, based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions, LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. By motion, approve on first reading the ordinance for the proposed rezonings, associated with the Wallace Drive Redevelopment Plan, from I (Industrial) to MIC (Mixed Industrial and Commercial) and from R-1-A (Single Family Residential) to LI (Light Industrial), based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan, and set a public hearing date of January 6, 2004. Attachments: P & Z Staff Report of July 21,2003 & Ordinance ORDINANCE NO. 49-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING CERTAIN PARCELS OF LAND, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM R-1-A (SINGLE FAMILY RESEDENTIAL) DISTRICT TO LI (LIGHT INDUSTRIAL) DISTRICT; AND, FROM I (INDUSTRIAL) DISTRICT TO MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT; ALL REQUIRED TO IMPLEMENT THE WALLACE DRIVE REDEVELOPMENT PLAN; SAID PARCELS OF LAND LOCATED ON THE SOUTH SIDE OF SW 10TM STREET, BETWEEN WALLACE DRIVE AND SW 9TM AVENUE; AND, WEST OF LIME LANE, BETWEEN GEORGIA STREET AND POINSETTIA DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2003"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Wallace Drive Redevelopment Pan will be presented for adoption to the City Commission at its meeting of January 6, 2004; and WHEREAS, a portion of the Wallace Drive Redevelopment Plan requires the assignment of appropriate Future Land Use Map designations and zonings for certain properties in the area; and WHEREAS, at its meeting of July 21, 2003, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 to 0 to recommend that the properties hereinafler described be rezoned, based upon positive findings; and WHEREAS, the City Commission, acting in its legislative capacity desires to initiate the rezon'mgs as set forth herein for numerous lots under various ownerships within the Wallace Drive Redevelopment Area; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated April, 2003, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of LI (Light Industrial) District from R-1-A (Single Family Residential) District for the following described properties: Lots 9-16, inclusive, Esquire Subdivision, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 23, Page 43, of the Public Records of Palm Beach County, Florida; Together with; Lot 8, Block D (less South 158 feet), Sunny Acres, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 21, Page 63, of the Public Records of Palm Beach County, Florida; Together with; Subdivision of Section 20, Township 46 South, Range 43 East, East 1/2 of West 1/2 of LOt 30, lying East of Wallace Drive (less South 183 feet), of map showing Subdivisions of portions of Townships 45 and 46, South, Range 43 East, according to the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida. Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of MIC (Mixed Industrial and Commercial) District from I (Industrial) District for the following described properties: Lots 3 & 4, Block C, Sunny Acres, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 21, Page 63, of the Public Records of Palm Beach County, Florida. Section 3. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Sections 1 and 2 hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. 2 ORD NO. Section 6. That this ordinance shall become effective immediately upon the effective date of Ordinance 20-03, under which official land use designations of I (Industrial) and CMR (Commerce) are affixed to the subject parcels hereinabove described in furtherance of the Wallace Drive Redevelopment Plan. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of ) 200__. ATTEST M A Y O R City Clerk First Reading Second Reading_ 3 ORD NO. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: July 21, 2003 IV. A. (3.b.) Transmittal Headng for Comprehensive Plan Amendment 2003-2 - FLUM Amendments and Rezonings Associated with the Wallace Drive Redevelopment Plan (Redevelopment Area #2). GENERAL DATA: Applicant ........................................ City Initiated Location ........................................ Located south of Southwest 10t" Street, north of Milfred Street, east of Tangelo Terrace, & west of Southwest 80` Avenue. Property Size ................................. 34.3 Acres (without right-of-ways) Future Land Use Map .................... RDA - 2 (Redevelopment Area #2) Proposed FLUM ............................ IND (Industrial), MIC (Mixed Industrial & Commercial), & CF - C (Community Facilities - Churches) Current Zoning .............................. R-1-A (Single Family Residential), CF (Community Facilities), MIC (Mixed Industrial & Commercial) and I (Industrial) Proposed Zoning ........................... MIC (Mixed Industrial & Commercial), LI (Light Industrial), I (Industrial), and CF (Community Facilities) Adjacent Zoning .................. North: R-1-A (Single Family Residential) & OSR (Open Space & Recreation) East: CF (Community Facilities) and RM (Multiple Family Residential - Medium Density) South: AC (Automotive Commercial) West: I (Industrial) Existing Land Use ......................... Commercial, Industrial, Residential, & Undeveloped Water Service ............................... Available to all properties. Sewer Service ............................... Available to all properties. IV. A. (3.b.1 The action before the Board is that of making a recommendation to the City Commission on City initiated Future Land Use Map amendments, and rezonings associated with the Wallace Drive Industrial Area Redevelopment Plan (See attached Maps and Legal Descriptions in Appendix A). The Future Land Use Map Amendments involve the entire Redevelopment Area, totaling approximately 34.3 acres, not including road rights-of-way. There are three proposed FLUM designations for the area. They are as follows: n Area A: FLUM amendment from RDA-2 (Redevelopment Area #2) to CMR (Commeme) - includes all but two of the pamels within the redevelopment area and contains approximately 29.6 acres. [] Area B: FLUM amendment from RDA-2 (Redevelopment Area #2) to IND (Industrial) - I pamel located at the northeast corner of Georgia Street and Tangelo Terrace, containing approximately 0.7 acres. [] Area C: FLUM amendment from RDA-2 (Redevelopment Area #2) to CF-C (Community Facilities-Churches) - 1 pamel located between SW 8th and SW 9th Avenues, south of SW 10~h Street, containing approximately 4 acres. The proposed rezonings within the Redevelopment Area are as follows: [] Area D: Rezoning from I (Industrial) to MIC (Mixed Industrial and Commercial) - 2 pamels (by ownership), located approximately 100 feet east of Tangelo Terrace, between Poinsettia Drive and Georgia Street, containing approximately 0.7 acres. n Area E: Rezoning from R-1-A (Single Family Residential) to LI (Light Industrial) - 36 parcels (by ownership), located east of Wallace Ddve, containing approximately 8.5 acres. Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM and Rezoning Amendments for any property within the City. The Future Land Use Element of the City's Comprehensive Plan identifies several older areas of the City that, due to substandard infrastructure, obsolete or inappropriate uses of land, vacant and dilapidated structures, and other similarly blighting conditions, are in need of special attention in the form of a "Redevelopment Plan." The purpose of a Redevelopment Plan is to identify the specific deficiencies and assets of a designated area, evaluate existing and potential uses, and identify specific measures for arresting decline, facilitating new development, and enhancing the quality P & Z Board Staff Report ~ FLUM Amendment & Rezoni%,, ~'Or Redevelopment Area #2 Page 2 of life for residents of the area. These areas are depicted on the Future Land Use Map as Redevelopment Areas #1 through #6. The "Redevelopment Area" designation acts as a holding zone for each site, until an appropriate Future Land Use Map designation can be assigned that is consistent with an adopted Redevelopment Plan. The Wallace Ddve Industrial Area is designated as Redevelopment Area #2. It is bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace on the west. Two-thirds of the area is located west of Wallace Ddve, which bisects the area, running diagonally from northeast to southwest. The area was annexed into the City via the Enclave Act (Enclave #31A), on June 28, 1988. Under County jurisdiction, the area had evolved into a mix of incompatible land uses with limited public infrastructure and little or no code enforcement. As a result, most of the area had deteriorated to a point where pdvate investment had virtually stopped. The following language, excerpted from Future Land Use Element Policy C-2.3 in the City's Comprehensive Plan, gives a description of the program for this area: Policy C-2.3: The following pertains to the Wallace Drive Industrial Ama: This area shall be pdmadly industrial (LI Zoning) with an emphasis on commerce uses (PCC, MIC zone districts). The City, through its water and sewer capital improvement program, shall install water and sewer mains throughout the area. Unimproved and underimproved rights-of-way shall be abandoned when it facilitates the aggregation of parcels and larger scale development provided that the right-of-way is not essential for traffic flow purposes. Support uses for the existing automobile dealership uses are encouraged. All commercial uses shall be allowed with the exception of "strip-type" development along Wallace Drive which is not desired because of traffic conflicts along this collector street. Since annexation and adoption of the Comprehensive Plan, there has been considerable public investment to prepare the area for redevelopment, including the installation of water and sewer mains throughout the area as well as street improvements along Poinsettia Drive and Georgia Street in 1992 and the extension of SW 10th Avenue and associated retention areas in the mid 1990s. In the late 1990s, private monies funded the construction of Milfred Street in conjunction with a development proposal associated with the Ford dealership. Most recently, pdvate development resulted in the construction of a portion of Lime Lane and Royal Palm Drive. Within the past five years, there has been a surge of private investment in the area resulting in the construction of several industrial projects including 10th Street Commerce Center, Tropic Supply, ABA Custom Cabinets and Profiles in Concrete. In February, 2003, a privately initiated proposal was submitted to rezone 1.4 acres within Redevelopment Area #2 from R-1-A (Single Family Residential) to MIC (Mixed Industrial & Commercial). Policy C-2.1 of the Future Land Use Element states that if a private development proposal is received for a Redevelopment Area, one of two options may be pursued: preparation of the Redevelopment Plan may be accelerated and the development proposal delayed until the plan is adopted, or the development proposal can be evaluated on its own medts with the existing Comprehensive Plan policies guiding the disposition of the request. Since the' proposed zoning would have impacted P & Z Board Staff Report FLUM Amendment & Rezoni%_ ~or Redevelopment Area #2 Page 3 the overall area, it was decided to complete the Redevelopment Plan prior to taking action on the proposal. Based upon the above, preparation of the Redevelopment Plan was accelerated and is being processed as part of the City's annual Comprehensive Plan Amendment 2003-2. The intent of the Plan is to make the Wallace Drive area a unique place that will encourage the development of light industrial, commercial and office uses in an urban setting. It is hoped that it will also serve as a catalyst to increase property values and broaden the City's employment base in the industrial, manufacturing and trade sectors. Implementation of the Plan, requires the City to initiate changes to the Future Land Use Map to eliminate the RDA-2 (Redevelopment Area # 2) designation, and to assign new Future Land Use Map and corresponding Zoning designations. The recommended designations are discussed below. This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187). Land Use Analysis: Pursuant to Land Development Regulation Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The underlying Future Land Use Map designation for the subject property is Redevelopment Area #2 and the proposed designations are CMR (Commerce), IND (Industrial) and CF-C (Community Facilities - Churches). The redevelopment plan identifies the development scenarios and criteria for development to occur within the area. The proposed zoning designations of MIC (Mixed Industrial & Commercial), I (Industrial), LI (Light Industrial) and CF (Community Facilities) will be consistent with the proposed Future Land Use Map designations. Based upon the above, a positive finding with respect to Future Land Use Map consistency can be made. REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: Fi Demonstrated Need - That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demOgraphic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics P & Z Board Staff Report FLUM Amendment & Rezoning~ ~or Redevelopment Area #2 Page 4 or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The basis for the FLUM change is that the existing FLUM designation of RDA#2 is no longer appropriate, given that a Redevelopment Plan for the area has been prepared. The data and analysis supporting the new FLUM designations and demonstrated need are contained within the plan. Consistency -- The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. Redevelopment Areas, as identified on the City's Future Land Use Map, are described within the Future Land Use Element. The Redevelopment Area designation acts as a holding zone, until an appropriate Future Land Use Map designation can be assigned that is consistent with an adopted Redevelopment Plan. The plan, prepared for Redevelopment Area ~Y2, recommends that underlying Future Land Use designations of CMR (Commerce), IND (Industrial) and CF-C (Community Facilities-Churches) be applied to the area. As part of ComPrehensive Plan Amendment 2003-2, changes are also being made to Future Land Use Element Policy C-2.3 to acknowledge the adoption of the Plan, and to require that all future development be in compliance with the adopted plan. The proposed FLUM designations will be consistent with the goals, objectives and policies of the Comprehensive Plan once the Redevelopment Plan and the associated amendments to the Comprehensive Plan are adopted. Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. In comparing the existing Future Land Use Map designation of RDA-2 and the proposed Future Land Use Map designations with respect to concurrency, the following is noted - Currently, development within the area can proceed without the implementation of a redevelopment plan on its own merits with the existing zoning and policies of the Comprehensive Plan guiding the disposition of the request (Future Land Use Element, Policy C-2.1). Approximately three-fourths of the redevelopment area will retain its existing MIC zoning designation, so the potential development intensity on that portion of the redevelopment area is unaffected by the proposed FLUM designations. The potential development intensity on the remaining 8.5 acres, currently zoned R-1-A (Single Family Residential), will increase when it is rezoned to LI (Light Industrial). A discussion of the impacts associated with development of this area at this higher intensity is given below: P & Z Board Staff Report FLUM Amendment & Rezonin~,_ ,:or Redevelopment Area #2 Page 5 Water & Sewer: · Water service is available via service lateral connections to existing 10" water mains along Wallace Drive, SW 10th Street and SW 9th Avenue. · Sewer service is available via service lateral connections to existing 8" and 10" mains along Wallace Drive, SW 10th Street and SW 9th Avenue. 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. Draina.qe: There are two storm water detention areas located in the north half of this area, on either side of SW 10th Avenue. Drainage is reviewed during the site plan application process for individual projects. For the type of development anticipated in this area, drainage is usually accommodated on site via exfiltration trench systems. There are no problems anticipated with obtaining South Florida Water Management District permits within the area. Traffic: The maximum developable area is 7.8 acres (8.5 acres less the SW 10th Avenue extension). It should also be noted that although this area includes the City's storm water detention areas, redevelopment of that property is unlikely. The maximum development potential in the R-1-A zoning distdct is 39 units (5 units/ac). This assumes development of single family lots within the LD FLUM designation. The traffic that would be generated by this intensity of development is 390 ADT (39 units x 10 trips/unit). Since the zoning districts allowed within the CMR (Commerce) FLUM designation allow a maximum of 50% building lot coverage, the maximum building area that could be constructed on the 7.8 acres would be 169,884 square feet. This building area would generate a total of 1,184 ADT (169,884 x 6.97/1000) if the property were developed in general industrial uses typical of those uses allowed within any of the zoning districts under the Commeme FLUM designation. Although these zoning districts allow a limited retail component (25% of total floor area within the MIC zoning district and 10% within the LI zoning district), the retail is usually very specialized and involves items associated with the primary industrial use. Thus, the traffic associated with a retail component would be minimal. All new non-residential development or redevelopment must meet traffic concurrency and comply with the Palm Beach County Traffic Performance Standards ordinance. A traffic study is required during the Site Plan Review process to determine if there is adequate capacity on the surrounding roadway network to accommodate new trips generated by a new development or change of use. Impact · P & Z Board Staff Report FLUM Amendment & Rezonin§~ ,hr Redevelopment Area #2 Page 6 fees are assessed for each new tdp generated and are collected prior to issuance of a building permit. Wallace Drive and SW 10~h Avenue provide a connection between SW 10th Street and Linton Boulevard. Linton Boulevard is the most heavily traveled roadway within the general area and is classified as a Minor County Arterial. Since the Linton Boulevard link between Wallace Drive and Interstate 95 is currently operating at LOS "E", new developments which have a significant impact on this link cannot be constructed. However, since the trip generation rate for industrial development is very Iow, this is not expected to seriously impact new development within the redevelopment area. Parks and Recreation: Non-residential uses do not create a demand for Park & Recreation services therefore, the impact on these facilities will decrease as the property is converted to non-residential uses. Solid Waste: The development of single family development at the maximum intensity (5 units per acre) is 39 units. The trash generated by single family home is 1.99 tons of solid waste per year. Therefore the maximum impact for development of the 7.8 acre area would be 77.6 tons per year (39 × 1.99 tons/year). Redevelopment of the area for industrial uses at the maximum building area potential of 169,884 square feet is 399 tons per year (169,884 sq. ft x 4.7 lbs/sq, ft. x 1 ton/2000 lbs). Since this solid waste can be accommodated by existing landfill facilities, a positive finding with respect to this level of service standard can be made. Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. A mixture of commemial, industrial and residential uses surrounds the Wallace Drive Redevelopment Area. The area south of the redevelopment area contains the Maroone Ford auto dealership and a 1.96 acre parcel containing a light industrial building is located to the southeast, between Wallace Drive and SW 10 Avenue. Single-family residential development and the City's cemetery are located to the north, across SW 10th Street. The area to the west contains industrial land uses. The area immediately to the east contains multiple-family residential, single-family residential and vacant land. The single-family development is separated from the proposed light industrial development within the redevelopment area by the Calvary Bible Missionary Baptist Church and the multiple-family is located on the east side of SW 10th Avenue, south of SW 11th Street. Thus, the light industrial development will be separated from the residential properties by existing streets. Also, there are regulations in place to mitigate any potential impacts on adjacent properties. Compliance - Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. P & Z Board Staff Report FLUM Amendment & Rezoni%. ,'6r Redevelopment Area #2 Page 7 All future development within the requested designations will comply with the provisions and requirements of the Land Development Regulations. A detailed discussion of Compliance with the Land Development Regulations is included in the "Zoning Analysis" section of this report. REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use 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 Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. CONSISTENCY: Compliance with the performance standards set forth in Section 3.2.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. Section 3.2.2 (Standards for ReZonin.q Actions): Standards A, B, C and E are not applicable with respect to. the rezoning requests. The applicable performance standard of Section 3.2.2 is as follows: (D) That the rezoning shall result in allowing land uses which ars deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. A description of each of the areas to be rezoned is as follows: · Area D: Rezoning of 2 parcels from I (Industrial) to MIC (Mixed Industrial & Commercial) ~ These two parcels are located approximately 100 feet east of Tangelo Terrace, between Poinsettia Drive and Georgia Street. They both contain detached single family homes, which are a nonconforming use in the Industrial zoning distdct and P & Z Board Staff Report FLUM Amendment & Rezonin[~ ,or Redevelopment Area #2 Page 8 they are surrounded by industrial uses. They cannot be redeveloped to more compatible use within the Industrial zoning district, because they do not meet the minimum 20,000 square feet lot size requirement. Since the lots are adjacent to MIC zoning on the east, which does not have a minimum lot size requirement, they are being rezoned to MIC. With this change, the lots will be able to be redeveloped, thereby becoming more compatible with adjacent development. There are no compatibility concems with the rezoning of these properties which are surrounded by heavy industrial uses. Area E: Rezoning of 36 parcels from R-1-A (Single Family Residential) to LI (Light Industrial) These parcels contain two City storm water detention areas and undeveloped property. The surrounding development includes: a church (located within the redevelopment area and currently zoned CF); multiple family residential to the east; a convenience store and single family to the west (located within the redevelopment area and currently zoned MIC); the City cemetery to the north and light industrial to the south. The rezoning to LI (Light Industrial) will allow uses compatible with those allowed on the adjacent industrially zoned properties. As previously stated, the adjacent residential developments are separated from the properties in question by th th existing streets, including SW' 10 Avenue and SW 10 Street, which are City Collector roadways. The Light Industrial zoning district has stricter development standards than the MIC and I zoning districts and limits the types of uses. There are also regulations in place to mitigate adverse impacts on adjacent properties. Section 2.4.5(D}(5) (Rezoninq Findin_~s): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: That the zoning had previously been changed, or was originally established, in error; That there has been a change in circumstances which make the current zoning inappropriate; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The appropriate reasons for the proposed rezonings are "b" and "c":, based on the following: The proposed rezonings are .required to implement the provisions of the Wallace Ddve Redevelopment Plan. Given the small size of the properties at Tangelo Terrace, the current I (Industrial) zoning distdct is inappropriate and MIC (Mixed Industrial & 'Z P & Z Board Staff Report FLUM Amendment & Rezoni%_ for Redevelopment Area #2 Page 9 Commemial) is more appropriate, based on cimumstances particular to the sites. Given the location of the Single Family Residential zoned properties and the prevailing development pattern in the area, the proposed LI (light Industrial) zoning is more appropriate than R-1-A. The adoption of the plan establishes the City's finding that the proposed zonings are more appropriate than the existing. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. Three-fourths of the land area within the Redevelopment Area will retain its existing industrial zoning designations, so the current action will not have an impact on those properties' ability to comply with the Land Development Regulations. No development proposals are currently under review for any property within the redevelopment area. Any proposed development will be subject to the provisions of the new zoning districts. Since the proposed rezonings will affect the land development regulations and applicable development standards for the subject properties, it is also appropriate to discuss the impact of the rezonings on existing development. a. I to MIC. As stated earlier, the two pamels contain detached single family homes, which are a nonconforming use in the Industrial zoning district. They cannot be redeveloped to a more compatible use within the Industrial zoning district, because they do not meet the minimum 20,000 square feet lot size requirement. The proposed MIC district will allow the lots will be redeveloped. b. R-1-A to LI. This area contains a mix of single-family homes and storm water detention areas and undeveloped property. The existing single family residences will become nonconforming uses. AlthOugh the Redevelopment Plan encourages the aggregation of pamels, accommodations will be necessary to allow development on smaller pamels where aggregation is not possible. The Redevelopment Plan recommends the creation of an overlay area within the LI (Light Industrial) zoning district which amends the development standards for the LI District to reduce the minimum development area, lot size, lot dimensions and tenant space requirements. The overlay will also include provisions to increase the front setback for properties fronting on Wallace Drive. The modified development standards will be similar to those in the adjacent MIC zoning district. The text amendment will be processed following adoption of the Redevelopment Plan and will be scheduled to be adopted concurrently with the FLUM Amendments and Rezonings, now under review. With this amendment, there should be no problems complying with the Land Development Regulations. P & Z Board Staff Report FLUM Amendment & Rezonii.=.,'for Redevelopment Area Page 10 The subject property is not within a geographical area requiring review by the Community Redevelopment Agency, Downtown Development Authority or the Histodc Preservation Board. Courtesy Notices: Courtesy notices have been provided to the following homeowner's associations, which have requested notice of developments in their areas: · President's Council · Progressive Residents of Delray (PROD) · Osceola Park HOA . · Seacrest HOA · Lake Ida HOA · Harbourside HOA · Rio Delray Shores HOA · Gateway HOA · West Side Heights HOA · Southridge HOA · Woods of Southridge HOA · Delray Beach Heights HOA · Ebony of Delray HOA · Atlantic Park Garden HOA · Lincoln Park HOA · Delray Merchants Association Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. The existing RDA-2 (Redevelopment Area #2) FLUM designation was applied to the subject properties to act as a holding zone until a redevelopment plan for the area could be prepared. The Redevelopment Plan has been completed and is currently being processed through a comprehensive plan amendment. In order to be consistent with the Redevelopment Plan, the existing FLUM designation is being changed to CMR (Commerce), IND (Industrial) and CF-C (Community Facilities - Churches). These designations are consistent with the proposed zoning designations of MIC (Mixed Industrial & Commercial), I (Industrial), LI (Light Industrial) and CF (Community Facilities). Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. A. Continue with direction. P & Z Board Staff Report FLUM Amendment & Rezoninb~ ~'or Redevelopment Area Page 11 Recommend to the City Commission approval of FLUM Amendments and rezonings of the subject parcels, based on positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. Recommend denial of the FLUM Amendments and Rezonings based on a failure to make positive findings and that the FLUM amendments and rezonings fail to fulfill one of the basis for which a FLUM Amendment or rezoning should be granted. Recommend to the City Commission approval of the proposed FLUM Amendments from RDA-2 (Redevelopment Area ~2) to: · CMR (Commerce) for the parcels within "Area A" identified in Appendix A; · IND (Industrial) for the parcels within "Area B" identified in Appendix A; · CF-C (Community Facilities-Churches) for the parcel within ~Area C" identified in Appendix A; based on positive findings with Cespect to Future Land Use Element Policy A -1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan; and, 2. Recommend to the City Commission approval of the following rezoning requests: · I (Industrial) to MIC (Mixed Industrial and Commercial) for the parcels in "Area D" identified in Appendix A; and · R-1-A (Single Family Residential) to LI (Light Industrial) for the parcels in "Area E" identified in Appendix A; based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan. Attachments: Future Land Use Map Zoning Map Appendix A - Legal Descriptions prepared by: Ron HoRRard, Senior Planner FLUM AREA A: LOTS 1-16, INCLUSIVE, ESQUIRE SUBDIVISION, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 43, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 1-3, INCLUSIVE AND LOTS 6-11, INCLUSIVE, PLATT'S ACRES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 47, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 7 & 8, BLOCK A; ALL OF BLOCK B; LOTS 3-8, INCLUSIVE, BLOCK C; AND ALL OF BLOCK D (LESS S. 158 FT. OF LOT 8), SUNNY ACRES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 63, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; SUBDIVISION OF SECTION 20, TOWNSHIP 46 S., RANGE 43 E., E 100 FT OF W 1/4 OF LOT 29 (LESS S 200 FT), OF MAP SHOWING SUBDIVISIONS OF PORTIONS OF TOWNSHIPS 45 AND 46, SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; SUBDIVISION OF SECTION 20, TOWNSHIP 46 S., RANGE 43 E., E 1/2 OF W 1/2 OF LOT 30 (LESS S 183 FT), OF MAP SHOWING SUBDIVISIONS OF PORTIONS OF TOWNSHIPS 45 AND 46, SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; ALL OF THE PLAT OF LANDSCAPE TECHNIQUES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 75, PAGE 41, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; TRACT A, TENTH STREET COMMERCE PARK, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 88, PAGE 121, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. FLUM AREA B: LOTS 1 & 2, BLK C, SUNNY ACRES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 63, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. P & Z Board Staff Report FLUM Amendment & Rezoning~ for Redevelopment Area #2 Page 13 FLUM AREA C: SUBDIVISION OF SECTION 20, TOWNSHIP 46 S., RANGE 43 E., E 1/4 OF LOT 29, OF MAP SHOWING SUBDIVISIONS OF PORTIONS OF TOWNSHIPS 45 AND 46, SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. REZONING - AREA D: LOTS 3 & 4, BLOCK C, SUNNY ACRES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 63, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. REZONING - AREA E: LOTS 9-16, INCLUSIVE, ESQUIRE SUBDIVISION, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 43, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOT 8, BLOCK D (LESS S. 158 FT), SUNNY ACRES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 63, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; SUBDIVISION OF SECTION 20, TOWNSHIP 46 S., RANGE 43 E., E 1/2 OF W 1/2 OF LOT 30, LYG EAST OF WALLACE DRIVE (LESS S 183 FT), OF MAP SHOWING SUBDIVISIONS OF PORTIONS OF TOWNSHIPS 45 AND 46, SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. \\carolina\departments~planning & zoning~boards\p&z board\flum & rezoning-redevelopment~2.doc GC OS DELRA Y BEACH MEMORIAL GARDENS STREET MD FUTURE LAND USE MAP AMENDMENT CHANGES WITHIN REDEVELOPMENT AREA NO. 2 AREA TO BE AMENDED AS 'COMMUNI~P¢ FACILITIES- CHURCH (CF-C)' AREA TO BE AMENDED AS 'COMMERCE (CMR)' Ac MAROONE iFORD MAROONE NISSAN LI TON LI DODGE OSR DELRA Y BEACH MEMORIAL GARDENS CF¸ RM SOU THRIDGE VILLAGE CONDO BOULEVARD REZONING CHANGES WITHIN REDEVELOPMENT AREA NO. 2 RDA-2 OVERALL BOUNDARIES S MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ ~[ - REGULAR MEETING OF JANUARY 6, 2004 ORDINANCE NO. 50-03 (CITY INITIATED REZONING/SOUTHWEST AREA NEIGHBORHOOD REDEVELOPMENT PLAN) JANUARY 2, 2004 This ordinance is before Commission for second reading and a quasijudidal heating for rezoning from RiM (Medium Density Residential) to GC (General Commercial) for the following areas pursuant to the adopted Southwest Area Neighborhood Redevelopment Plan: Ten (10) parcels located approximately 400 feet south of West Atlantic Avenue, north of S.W. 1't Street, between S.W. 8~h Avenue and S.W. 12th Avenue (1.65 acres). Eight (8) parcels located on the east and west sides of S.W. 5th Avenue, south of S.W. l't Street (1.46 acres). Fourteen (14) parcels located at the northwest comer of S.W. 1st Street and S.W. 4~ Avenue (1.34 acres). At its meeting of August 5, 2003, the City Commission approved transmittal to the Florida Dep~m~ent of Community Affairs (DCA) of the associated Future Land Use Map (FLUlVl) amendments for the property in conjunction with Comprehensive Plan Amendment 2003-2. The associated FLUM amendments are before the Commission for second reading and adoption. The Planning and Zoning Board held a public heating in conjunction with the FLUM amendment and rezoning requests. Public testimony was provided both in support of and in opposition to the requests. The testimony in opposition to the request primarily related to concerns over displacement of residents as a result of redevelopment. The Board unanimously voted 5-0 to recommend that the FLUM amendment and the rezoning requests be approved, based upon positive findings with respect to Land Development Regulations Section 3.1.1 (Requ. Lred Findings), Land Development Regulations Section 3.2.2 (Standards for Rezoning Actions), Land Development Regulations Section 2.4.5(D)(5) (Rezoning Findings), the adopted Southwest Area Neighborhood Redevelopment Plan, and the goals, objectives, and policies of the Comprehensive Plan. At the first reading on December 9, 2003, the City Commission passed Ordinance No. 50-03. Recommend approval of Ordinance No. 50-03 on second and final reading. &\City Clerk\agenda memos\Ord. S0.03 01.06.04 Rezoning SW Area Neighborhood Redevelopment TO: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER~ ~ JEFF COSTELLO, ASSISTANT PLAN/R~I~DIRECTOR MEETING OF DECEMBER 9, 2003 CITY INITIATED REZONINGS FROM RM (MEDIUM DENSITY RESIDENTIAL) TO GC (GENERAL COMMERCIAL) ASSOCIATED WITH THE SOUTHWEST AREA NEIGHBORHOOD REDEVELOPMENT PLAN. The proposed rezonings from RM (Medium Density Residential) to GC (General Commercial) ara in rasponse to the radevelopment scenarios outlined in the Southwest Area Neighborhood Redevelopment Plan adopted by the City Commission on June 3, 2003. The Redevelopment Plan calls for mixed commercial, office and residential development south of the retail cora along Atlantic Avenue, between SW 8th Avenue and SW 12th Avenue (Northwest Quadrant). The plan also calls for radevelopment of properties along SW 5th Avenue, south of SW 1st Straet, and the area west of SW 4th Avenue, north of SW 1st Straet to include neighborhood oriented ratail and office uses, as well as a variety of housing types (Frog Alley araa). At its meeting of August 5, 2003, the City Commission approved transmittal to the Florida Department of Community Affairs (DCA) of the associated FLUM amendment from MD (Medium Density Residential 5-12 du/ac) to GC (General Commercial) for the properties in conjunction with Comprehensive Plan Amendment 2003-2. The associated FLUM amendments are scheduled for second reading at the January 6th City Commission meeting. If approved on first raading, the second reading of the rezoning ordinance will occur at the same meeting as the adoption of the Comprehensive Plan amendment. Additional background and analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of July 21, 2003, the Planning and Zoning Board held a public hearing in conjunction with the FLUM amendments and Rezonings. Public testimony was provided both in support of and in opposition to the requests. The testimony in opposition to the request primarily related to concerns over displacement of residents as a result of redevelopment. After reviewing the staff report and discussing the FLUM amendment and rezoning, the Board unanimously voted 5-0 (Woehlkens and Morris absent) to racommend to the City Commission approval of the proposed FLUM Amendments from MD (Medium Density Residential 5 - 12 du/ac) to GC (General Commercial) and Rezoning from RM (Medium Density Residential) to GC (General Commercial) for the following: · Area A: Ten (10) parcels located approximately 400' south of West Atlantic Avenue, between SW 8~h Avenue and SW 12th Avenue (1.65 acres); · Araa B: Eight (8) parcels located on the east and west sides of SW 5th Avenue, south of SW 1st Straet (1.46 acres); · Area C: Fourteen (14) parcels located at the northwest corner of SW 4th Avenue and SW 1st Straet (1.34 acres). By motion, approve on first reading the ordinance for the proposed rezonings from RM (Medium Density Residential) to GC (General Commercial) based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), the adopted Southwest Area Neighborhood Redevelopment Plan and the Goals, Objectives and Policies of the Comprehensive Plan, and set a public hearing date of January 6, 2004. Attachments: P & Z Staff Report of July 21, 2003 & Proposed Ordinance ORDINANCE NO. 50-03 AN ORDINANCE OF THE CITY COMMISSI, ON OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING CERTAIN PARCELS OF LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT; AIJ. AS REQUIRED TO IMPLEMENT THE SOUThn0(/EST NEIGHBORHOOD REDEVELOPMENT PLAN; SAID PARCELS OF LAND LOCATED SOUTH OF WEST ATLANTIC AVENUE (AND NORTH OF NW 1sr STREET) BETWEEN SW 8TM AVENUE AND SW 12TM AVENUE; EAST AND WEST SIDES OF SW 5TM AVENUE, SOUTH OF SW 1s'r STREET; AND, THE NORTHWEST CORNER OF SW 1sr STREET AND SW 4TM AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DFJ,RAY BEACH, FLORIDA, APRIL 2003"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEKEAS, the Southwest Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003; and WHEREAS, a portion of the Southwest Neighborhood Redevelopment Plan requires the assignment of appropriate Future Land Use Map designations and zonings for certain properties in the area; and WHEREAS, the properties hereinafter described are shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 2003, as being zoned RM (Medium Density Residential) District; and WHEREAS, at its meeting of July 21, 2003, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 to 0 to recommend that the properties hereinafter described be rezoned, based upon positive findings; and WHEREAS, the City Commission, acting in its legislative capacity desires to initiate the rezonings as set forth herein for numerous lots under various ownerships within the Southwest Neighborhood Redevelopment Area; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of De]ray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of GC (General Commercial) District for the following described property: Lots 14-16, inclusive and Lots 23-25, inclusive, Block 5; and Lots 16 & 25, Block 8, Atlantic Gardens, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 14, Page 63, of the Public Records of Palm Beach County, Florida; Together with; Lots 11 & 20, Block 1, Belair Heights, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 20, Page 45, of the Public Records of Palm Beach County, Florida; Together with; LOts 9-11, inclusive, according to the Plat of the N 1/2 of Block 22 as recorded in Plat book 10, Page 38, of the Public Records of palm Beach County, Florida; Together with; Lots 1-3, inclusive Block 30, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; and Together with; Lots 14-27, inclusive, Block 29, Re-Subdivision of Blocks 29 and 37, a Subdivision in Palm Beach County, Florida as per the plat thereof recorded in Plat Book 9, Page 66, of the Public Records of Palm Beach County, Florida. Section 2. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, 2 ORD NO. 50-03 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 this ordinance shall become effective immediately upon the effective date of Ordinance 20-03, under which official land use designation of GC (General Commercial) is affixed to the subject parcels hereinabove described in furtherance of the Southwest Neighborhood Redevelopment Plan. PASSED AND ADOPTED in regular session on second and final reading on this the day of ~ 200 . MAYOR City Clerk First Reading Second Reading 3 OR.D NO. 50-03 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH --STAFF REPORT-- MEETING DATE: AGENDA ITEM: ITEM: July 21, 2003 IV. A. (3.c.) Transmittal Headng for Comprehensive Plan Amendment 2003-2 - FLUM Amendments and Rezonings Associated with the Southwest Neighborhood Redevelopment Plan. GENERAL DATA: Owner ........................................... City Initiated and SW 4~ Ayenue. Property Size ................................. 4.45 Acree' Future Land Use Map .................... MD (Medium Density Residential, 5~12 Units/Acre) Proposed FLUM ............................ GC (General Commercial) Current Zoning .............................. RM (Multiple Family Residential - Medium Density) Proposed Zoning ........................... GC (General Commercial) Adjacent Zoning .................. North: GC (General Commercial) East: MD (Medium Density Residential, 5-12 Units/Acre) South: MD (Medium Density Residential, 5~12 Units/Acre) West: MD (Medium Density Residential, 5-12 Units/Acre) Existing Land Use ........................ Single Family Residential, Multiple Family Residential, & Vacant Water Service ............................... Available to all properties. Sewer Service ............................... Available to all properties. IV. A. (3.c.~ Planning and zoning Board St~,. deport FLUM Amendment and Rezoning - South(vest Area Neighborhood Redevelopment Plan Page 1 The action before the Board is that of making a recommendation to the City Commission on proposed Future Land Use (FLUM) Amendments from MD (Medium Density Residential 5-12 du/ac to GC (General Commercial) and Rezonings from RM (Multiple Family Residential - Medium Density) to GC (General Commercial) associated with the Southwest Area Neighborhood Redevelopment Plan. The Future Land Use Map Amendments involve three areas totaling 4.45 acres (See attached Map): E! Area A: Ten (10) parcels located approximately 400' south of West Atlantic Avenue, between SW 8a Avenue and SW 12m Avenue (1.65 acres); I::1 Area B: Eight (8) parcels located on the east and west sides of SW 5th Avenue," south of SW 1s' Street (1.46 acres). n Area C: Fourteen (14) parcels located at the northwest comer of SW 4th Avenue and SW lSt Street (1.34 acres). Pursuant to Section 2.2.2(E) of the Land Development Regulations, the planning and Zoning Board Shall review and make a recommendation to the City Commission with respect to FLUM Amendments or Rezoning of any property within the City. At its meeting of June 3, 2003, the City Commission adopted the Southwest Area Neighborhood Redevelopment Plan, which establishes a blueprint for the revitalization and stabilization of the area. This area is generally defined as the area bounded by West Atlantic Avenue on the north, SW 10 Street on the south, Interstate 95 on the west, and Swinton Avenue on the east. The Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the vadous plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The properties in question are located within the Southwest Area Neighborhood, which overlaps the West Atlantic Avenue Redevelopment Area. Guidelines for redevelopment of this area are contained within the recently adopted Southwest Area Neighborhood Redevelopment Plan as well as the West Atlantic Avenue Redevelopment Plan (adopted in 1995) and Downtown Delray Beach Master Plan (adopted in 2002), The Southwest Area Neighborhood Redevelopment plan calls for mixed commercial, office and residential development south' of the retail core along Atlantic Avenue, between SW 8th Avenue and SW 12~h Avenue (Northwest Quadrant). The plan also calls for significant redeVelopment o!:. preperties along SW 5th Avenue, south of SW 1st Street, and the area west of SW4 TM Avenue, north of SW 1st Street to include neighborhood odented retail and office uses, as well as a variety of housing types (Frog Alley area). Further, pursuant to the West Atlantic Avenue Redevelopment Plan .Development Planning and zoning Board St~.. report FLUM Amendment and Rezoning - South~vest Area Neighborhood Redevelopment Plan Page 2 Opportunities Section, the following is stated regarding the area at the northwest comer of SW 4th Avenue and SW Ist Street (Block 29): "An opportunity also exists for the future rezoning of the rear portion of the block on SW 4~ Avenue to commercial. This small area, located between the Police Station on the east side and the commercial area on the west may be be~ter suited for commercial uses." REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use 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 Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The FLUM designations and zoning classifications for the subject properties am being amended pursuant to the adopted Southwest Area Neighborhood Redevelopment Plan. The proposed FLUM amendments will assign a Future Land Use Map designation of GC (General Commercial) and the proposed rezoning to GC (General Commercial) is consistent with this FLUM designation. These changes will accommodate mixed-use development with a potential for increased residential densities to a maximum of 30 units per acre subject to conditional use approval. Thus, positive findings can be made regarding consistency of the FLUM designations and zonings. The remaining required findings of LDR SectiOn 3.1.1, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations are discussed below. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: Demonstrated Need.-- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a Planning and zoning Board St~._ report FLUM Amendment and Rezoning - Southwest Area Neighborhood Redevelopment Plan Page 3 comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The adopted Southwest Area Neighborhood Redevelopment Plan includes recommendations for redevelopment of the subject properties. The proposed FLUM amendments and associated rezonings will fulfill proposed Future Land Use Element Policy C-1.7, which is being adopted as part .of the City's comprehensive plan Amendment 2003-2, and states the following: Future Land Use Element Policy C-1.7 The following pertains to the Southwest Neighborhood Redevelopment Area: This area is generally defined as the area bounded by West Atlantic Avenue on the north, SW 10~ Street on the south, Interstate 95 on the west, and Swinton Avenue on the east. Many of parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five Sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the vadous plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. · Consistency - The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. As stated above, the proposal will be Consistent with the goals, objectives and policies of the City's Comprehensive Plan following adoption of Comprehensive Plan Amendment 2003 -2. Concurrency - Development at the highest intensity possible under the requested designation can meet the ~dopted concurrency standards. The proposed FLUM and Zoning changes to GC will accommodate mixed use development as well as, neighborhood odented commercial development consistent Planning and zoning Board St,.., report FLUM Amendment and Rezoning - SouthWest Area Neighborhood Redevelopment Plan .Page 4 with the adopted Neighborhood Redevelopment Plan. The highest intensity possible under the requested GC designation will be mixed use development consisting of commercial and residential uses at a maximum density of 30 units per acre. This scenado would allow a total of 133 units, which represents an increased residential development potential of 80 units over that currently allowed under the existing MD land use designation (4.45 acre X 12 u/a = 53). Pursuant to the description of the General Commercial land use designation within the Future Land Use Element of the City's Comprehensive Plan, a maximum floor area ratio (FAR) of 3.0 is permitted for nonresidential uses in this area. This FAR is unlikely in this area given the land development requirements and its location adjacent to residential properties. City facilities such as water, sewer, and drainage have sufficient capacity to handle development of this area at the potential development intensity allowed under the proposed GC FLUM designation. Similarly, solid waste can be accommodated by existing County facilities. As the majodty of the properties are located in the TCEA (Transportation Concurrency Exception Area), traffic is not an issue. The proposed 1.46 acre commercial area along SW 5~h Avenue, extending 200' south of SW 1st Street, is not located within the TCEA. However, the development potential for this area is very limited, given the depth of the lots (approximately 135'). It is noted that the amendment will facilitate the construction of new housing in the downtown area, . which will foster a development mix that is less auto dependent. The Open Space and Recreation Element of the Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards~. A park impact fee is collected to offset any impacts th'at 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. School concurrency will be addressed with future proposals for residential development, however the maximum additional 80 units is not anticipated to be a concern. Thus, positive findings can be made at this time with regard to concurrency for all services and facilities. Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area. As previously stated, the FLUM amendments and rezonings for these properties were anticipated with the adoption of the Southwest Areas Neighborhood Redevelopment Plan. Also, the West Atlantic Avenue Redevelopment Plan anticipmated rezoning of the properties at the northwest comer of SW Ist Street and SW 4 Avenue to commercial. The area at the northwest corner of SW 1st Street and SW 4a Avenue abuts commercial property to the north and west and is adjacent to the City's police Station on the east. The property is also separated from the RM zoned property to the south by SW 1st Street and faces a City drainage retention area. The commercial properties which will extend 200' south of SW 1st Street have narrow depths, thus their development potential is limited. The FLUM amendment Planning and zoning Board St~,., report FLUM Amendment and Rezoning - South{vest Area Neighborhood Redevelopment Plan Page 5 for the properties between SW 8th Avenue and SW 12m Avenue results in "squaring-off' the GC zoned portion to a depth of 400' to better accommodate redevelopment. There are development regulations currently in place to mitigate any potential impacts with adjacent properties. Based upon the above, the proposed FLUM and zoning designations are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. Compliance -- Development under'the requested designation will comply with the provisions and requirements of the Land Development Regulations. All future development within the requested designation will comply with the provisions and requirements of the Land Development Regulations. Compliance with the Land Development Regulations will be further addressed with review of a conditional use or site plan request as applicable. REQUIRED FINDINGS (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information 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 Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. Section 3.2.1 (Basis for Determininq Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a · principle of good planning practice. The performance standards set forth in the following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezoning Actions): Standards A, B, C and E are not applicable with respect to the rezoning requests. The applicable performance standard of Section 3.2.2 is as follows: Planning and zoning Board St~., report FLUM Amendment and Rezening * South~vest Area Neighborhoed Redevelopment Plan Page 6 (O) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adveme impacts from the new use. As previously stated, the FLUM designations and zoning classifications for the subject properties are being amended pumuant to the adopted Southwest Area Neighborhood Redevelopment Plan. As discussed under Future Land Use Element Policy A-1.7, the proposed FLUM and zoning designations are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. Also, them am development regulations currently in place to mitigate any potential impacts with adjacent properties. Section 2.4.5(D)(5) (Rezonin~ Findinqs): Pursuant to Section Z4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons inclUde the following: That the zoning had previously been changed, or was originally established, in error; That there has been a change in circumstances which make the current zoning inappropriate; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more al~13rol3riate for the property based upon circumstances particular to the site and/or neighborhood. The appropriate reasons for the proposed rezonings are "b" and "c": based on the following: The proposed rezonings are required to implement the provisions of the Southwest Area Neighborhood Redevelopment Plan. In order to implement the development scenarios identified in the Plan, rezoning of the subject properties is appropriate as there has been a change in circumstances which make the current zoning inappropriate. Also, the GC zoning is more appropriate given the proposed FLUM designation. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. No formal land development application has been received for the subject property. Any proposed development will need to comply with the Land Development Regulations. Planning and zoning Board S~., report FLUM Amendment and Rezoning - Soulh~vest Area Neighborhood Redevelopment Plan .Page 7 Community Redevelopment Aflency: At its meeting of July 16, 2003, the Community Redevelopment Agency reviewed and recommended approval of the FLUM amendments and rezonings to General Commercial (GC). Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: · Atlantic Park Gardens · Ebony of Delray · Lincoln Park · Delray Merchants Association .. · PROD (Progressive Residents of Delray) · Presidents Council Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. The FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Southwest Area Neighborhood Redevelopment Plan. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore the proposed FLUM amendments and rezonings can be recommended for ~pproval based on the findings outlined in this report. A. Continue with direction. Recommend to the City Commission approval of FLUM Amendments and Rezoning to the subject parcels, based on Positive findings with respect to Future Land Use Element Policy A -1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), the adopted Southwest Area Neighborhood Redevelopment Plan and the Goals, Objectives and Policies of the Comprehensive Plan. Recommend denial of the FLUM Amendments and Rezonings based on a failure to make positive findings and that the FLUM amendments and rezonings fail to Planning and zoning Board S,~., report FLUM Amendment and Rezoning - Soulhwest Area Neighborhood Redevelopment Plan · Page 8 fulfill one of the basis for which a FLUM amendment or rezoning should be granted. Recommend to the City Commission approval of the proposed FLUM Amendment from MD (Medium Density Residential 5 - 12 du/ac) to GC (General Commercial) and Rezoning from (Multiple Family Residential - Medium Density) to GC (General Commercial) for the following: El Area A: Ten (10) parcels located approximately 400' south of West Atlantic Avenue, between SW 8a Avenue and SW 12m Avenue (1.65 acres); r~ Area B: Eight (8) parcels located on the east and west sides of SW 5th Avenue, south of SW Is~ Street (1.46 acres); E! Area C: Fob[teen (14) parcels located at the northwest comer of SW 4th Avenue and SW Ist Street (1.34 acres); based on positive findings with respect to Future Land Use Element Policy A -1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), the adopted Southwest Area Neighborhood Redevelopment Plan and the Goals, Objectives and Policies of the Comprehensive Plan. Attachments: · Preposed Future Land Use Map Amendments · Proposed ReZonings °°~ CZ Planning & Zoning Department MEMORANDUM TO: FROM: RE: RECEIVED DEC 3 1 ?nn.~ CITY MANAGER City Commissione~ ~ Paul Dorling, Director of Planning/~n~ Zoning Southwest Plan - Comprehensive Plan Amendment 2003-02 Attached is a map showing the CRA owned properties in the vicinity of the amendments associated with the Southwest Plan. This information is provided in response to the request from Commissioner McCarthy at the December 9, 2003 meeting. Attach. _ G ~ N W I~-TH AVE S.W. 14TH AVE. ~ ' ' ' S.W. 9TH AVE. TO: THRU: FROM: SUBJECT: DAVID T. HARD EN, CITY MANAGEI~)~(~_ ~ PAUL DORLING, DIRECTOR OF PLANNING AND~Z~NI~G R ONALD H OGGARD, SENIOR P LANNER"'I~{~,~_ ~~ MEETING OF JANUARY 6, 2004 AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO CREATE AN OVERLAY DISTRICT FOR A PORTION OF THE WALLACE DRIVE REDEVELOPMENT AREA AND MODIFICATION OF THE DEVELOPMENT STANDARDS FOR THE LI (LIGHT INDUSTRIAL) DISTRICT FOR PROPERTIES LOCATED WITHIN THE WALLACE DRIVE OVERLAY DISTRICT. The Wallace Drive Redevelopment Plan, which is being adopted as part of Comprehensive Plan Amendment 2003-2, covers the Wallace Drive Industrial Area (Redevelopment Area #2), The Plan calls for the area between Wallace Drive and SW 9th Avenue to be rezoned from R-1-A (Single Family Residential) to LI (Light Industrial). To allow development on smaller lots in the area, where aggregation of parcels is not possible, the Plan calls for the creation of an Overlay District with modified development standards to reduce the minimum development area, lot size, lot dimensions and tenant space requirements. Additionally, the required front setback for the LI district is only 10 feet, which would not be adequate for new development fronting on the major roadways surrounding the area, Wallace Drive, SW 10th Street and SW 10th Avenue. The Overlay District increases the front setback to 25' and incorporates the development standards of the MIC zone with respect to minimum development area, lot size, lot dimensions and tenant space requirements. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. As stated earlier, this amendment is being initiated pursuant to recommendations in the Redevelopment Plan for the area, which is being adopted as part of Comprehensive Plan amendment 2003-2. The Planning and Zoning Board held a public hearing regarding this item at its meeting of December 15, 2003. There was no public testimony regarding the amendment. After discussing the item, the Board voted 5-0 (Pike and Krall absent) to recommend to the City Commission approval of the proposed text amendment, based upon positive findings with respect to LDR Section 2.4.5(M). By motion, approve on first reading the ordinance amending Land Development Regulations Section 4.5.8, The Wallace Drive Overlay District, to define and establish an Overlay District within a portion of the Wallace Drive Redevelopment Area and to amend LDR Sections 4.4.26(F), Development Standards, and 4.4.26(H), Special District Regulations, modiflJing the Development Standards for (LI) Light Industrial zoned properties within said Overlay District, based upon positive findings with LDR Section 2.4.5(M), and set a public hearing date of February 3, 2004. Attachment: Proposed Ordinance s:~planning & zoning\boards\city commission\ldr wallace drive overlay.dec ~ (~" ORDINANCE NO. 01-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.26, "LIGHT INDUSTRIAL (LI) DISTRICT, SUBSECTION 4.4.26 (F), "DEVELOPMENT STANDARDS" AND SUBSECTION 4.4.26(H), "SPECIAL DISTRICT REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR THE WALLACE DRIVE OVERLAY DISTRICT; AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", OF THE LAND DEVELOPMENT REGULATIONS, BY ENACTING SECTION 4.5.8, "THE WALLACE DRIVE OVERLAY DISTRICT", TO DEFINE AND ESTABLISH SAID OVERLAY DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of December 15, 2003, and voted 5 to 0 to forward the change with a recommendation of approval; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.26, "Light Industrial (LI) District", Subsection 4.4.26(F), "Development Standards", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 4.4.26 Light Industrial (LI) District: (F) Development Standards: The development standards as set forth in Section 4.3.4 shall apply except as modified herein. (1) For each foot in height above twenty-five feet (25'), front and street-side setbacks shall be increased by one foot (1'). (2) Except as further modified below, :~t_he LI Zone District shall not be applied to any lot which does not meet these standards; however, under a unified development plan which contains control for site maintenance and provides for cross-access and mutual use, lots below the District minimum may be created for ownership purposes only, provided that the minimum development area requirements are met. (3) Wallace Drive Overlay District Development Standards: Within the Wallace Drive Overlay District, as defined in Section 4.5.8(A), the Development Standards depicted in the Section 4.3.4(K) Development Standards Matrix, shall be the same as those of the MIC (Mixed Industrial & Commercial) zonin.q district. Section 2. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.26, "Light Industrial (LI) District", Subsection 4.4.26(H), "Special District Regulations", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (H) Special District ReRulations: The following regulations apply on property zoned LI. (1) Overhead doom shall not face adjacent rights-of-ways except when it is clearly demonstrated that no opportunity exists to do otherwise. (2) All required setback areas shall be landscaped with no paving except for driveways and walkways leading to structures on the premises. Such driveways and walkways shall be generally perpendicular to the property line. (3) Except in the Wallace Drive Overlay District, as defined in Section 4.5.8(A), a A minimum floor area of, at least 4,000 sq.ft, per tenant or bay shall be provided with the exception of off'me (business) uses. (4) All industrial operations and activity on the premises, except loading and unloading, shall be conducted wholly within an enclosed building. (5) Attention is drawn to Section 4.5.5(B) (Wellfield Protection) and Section 4.4.20 (Industrial Zone District) as they pertain to uses allowed in this LI District and protection of municipal wells and wellfields. Section 3. That Chapter Four, "Zoning Regulations", Article 4.5, "Oveday and Environmental Management Districts", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting Section 4.5.8, "The Wallace Drive Overlay District", to read as follows: Section 4.5.8 The Wallace Drive Overlay District: (A) Defined: The Wallace Drive Overlay District is hereby established as the area bounded by SW 10tn Street on the north, Georgia Street on the south, SW 9,m Avenue on the east and Wallace Drive on the west. The requlations established in Section 4.4.26(F)(3) shall apply to all LI zoned parcels within the oveday district. Section 4. That should any section or prevision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon the effective date of Ordinance 49-03. 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. MEETING OF: AGENDA ITEM: DECEMBER 15, 2003 IV.E- AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO CREATE AN OVERLAY DISTRICT FOR A PORTION OF THE WALLACE DRIVE REDEVELOPMENT AREA AND MODIFICATION OF THE DEVELOPMENT STANDARDS FOR THE LI (LIGHT INDUSTRIAL) DISTRICT FOR PROPERTIES LOCATED WITHIN THE WALLACE DRIVE OVERLAY DISTRICT. The item before the Board is that of making a recommendation to the City Commission on an LDR text amendment creating an Oveday District within the Wallace Drive Redevelopment Area and modifying the development standards within said Overlay District. Pursuant to LDR Section 1.1.6, amendments to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. The Comprehensive Plan calls for the preparation of redevelopment plans in certain areas of the city where blighted conditions exist. The Wallace Drive Redevelopment Plan covers the Wallace Drive Industrial Area, designated as Redevelopment Area #2. It is bordered by SW 10th Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace on the west. Two-thirds of the area is located west of Wallace Drive, which bisects the area, running diagonally from northeast to southwest. The area was annexed into the City via the Enclave Act (Enclave #31A), on June 28, 1988. The following language, excerpted from Future Land Use Element Policy C-2.3 in the City's Comprehensive Plan, gives a description of the program for this area: Policy C-2.3: The following pertains to the Wallace Drive Industrial Area: This area shall be primarily industrial (LI Zoning) with an emphasis on commerce uses (PCC, MIC zone districts). The City, through its water and sewer capital improvement program, shall install water and sewer mains throughout the area. Unimproved and underimproved rights-of-way shall be abandoned when it facilitates the aggregation of parcels and larger scale development provided that the right-of-way is not essential for traffic flow purposes. Support uses for the existing automobile dealership uses are encouraged. All commercial uses shall be allowed with the exception of "strip-type" development along Wallace Drive which is not desired because of traffic conflicts along this collector street. IV.E. Planning and Zoning Board Memorandum Staff Report LDR Text Amendments - Wallace Drive Oveday District Page 2 The Wallace Drive Redevelopment Plan, associated FLUM Amendments and Rezonings were recommended for approval by the Planning & Zoning Board on July 21, 2003. The City Commission approved first reading and transmittal of Comprehensive Plan Amendment 2003-2 to the Florida Department of Community Affairs (DCA) on August 5, 2003. The Comprehensive Plan Amendment included the Wallace Drive Redevelopment Plan and associated FLUM amendments for the redevelopment area. First reading of the Ordinance to rezone the subject properties from R-1-A (Single Family Residential) to LI (Light Industrial) was approved by the City Commission on December 9, 2003. The second reading of the rezoning ordinance will occur at the same meeting as second reading and adoption of the Comprehensive Plan amendment on January 6, 2004. The Redevelopment Plan calls for the area between Wallace Ddve and SW 9th Avenue to be rezoned from R-1-A (Single Family Residential) to LI (Light Industrial). There are 36 parcels in this area with an average size of 10,307 square feet. This area currently contains several single family houses, City storm water detention areas and undeveloped property. Given its location, the (LI) Light Industrial zoning district is the most appropriate designation for the area in terms of permitted uses. The Light Industrial zone will allow uses compatible with those on the adjacent MIC (Mixed Industrial & Commercial) zoned properties to the west and serve as a transition zone between the more intense MIC zone and adjacent residential development to the east. Although the Redevelopment Plan encourages the aggregation of parcels, accommodations are necessary to allow development on smaller parcels where aggregation is not possible. Of the 36 parcels to be rezoned to LI (Light Industrial), only 3 parcels meet the minimum lot size requirement of 20,000 square feet and only 6 meet the 100' frontage requirement. The Redevelopment Plan calls for the creation of an Oveday District (LDR Section 4.5.8 The Wallace Drive Overlay District) with modified development standards to reduce the minimum development area, lot size, lot dimensions (LDR Sections 4.4.26(F), Development Standards) and tenant space requirements (LDR Section 4.4.26(H) Special District Requlations). Additionally, the required front setback for the LI district is only 10 feet, which would not be adequate for new development fronting on the major roadways surrounding the area, Wallace Drive, SW 10th Street and SW 10th Avenue. As proposed, the development standards for Light Industrial zoned properties within the Overlay District will be the same as those of the MIC Zone District. Development Standards Matrix Minimum Lot Size (sq. ft.) 20,000 0 Minimum Lot Width (ft.) 0 0 Minimum Lot Depth (ft.) 0 0 Minimum Lot Frontage (ft.) 100 0 Minimum Lot Coverage 50% 50% Minimum Floor Area ( sq. ft.) N/A N/A Perimeter Setback (ft.) N/A N/A Front Setback (ft.) 10 25 Planning and Zoning Board Memorandum Staff Report LDR Text Amendments - Wallace Drive Oveday District Page 3 Side Street Setback (ft.) 10 25 Side Interior Setback (ft.) 5 10 Rear Setback (ft.) 10 10 Height (ft.) 48 48 Minimum Development Area I Acre N/A It is noted that the proposed Oveday District has been expanded beyond the boundaries of the Redevelopment Area to include the contiguous LI (light Industrial) zoned parcel to the south. Although the property is already developed, it is conforming with respect to the proposed development standards for the Overlay District. Its inclusion in the Overlay District will serve to unify the Light Industrial district in this area under one set of development standards. REQUIRED FINDINGS LDR Section 2.4.5(M)(5), Amendment to the Land Development Regulations, Findin.qs: In addition to the provisions of Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following is noted: The Wallace Drive Redevelopment Plan was approved on first reading by the City Commission December 9, 2003, as part of Comprehensive Plan Amendment 2003-2 with second reading scheduled for January 6, 2004. The Redevelopment Plan was developed pursuant to Future Land Use Element Policy C-2.3, stated on page 1 of this report. The Redevelopment Plan establishes Future Land Use Map Designations, zonings, and recommends an Oveday District for the LI (Light Industrial) zoning district within the Redevelopment Area. Comprehensive Plan Amendment 2003-2 includes changes to Future Land Use Element Policy C-2.3 to acknowledge the adoption of the Redevelopment Plan for the area, and to require that aLI future development be in compliance with the adopted plan. The amended Policy is stated as follows: Future Land Use Element Policy C-2.3: The following pertains to the Wallace Drive Industrial Area: The Wallace Drive Redevelopment Area is bordered by SW lOth Street on the north; Milfred Street on the south; SW 9th Avenue on the east; and Tangelo Terrace on the west. The area had developed under County jurisdiction into a mix of incompatible land uses with limited public infrastructure and little or no code enforcement. The Redevelopment Plan encourages the development of light industrial, limited commercial and office uses in an urban setting. The Wallace Drive Industrial Area Redevelopment Plan was adopted by City Commission on January 6, 2003. The Plan establishes proposed land use designations for the Redevelopment Area. Future development must be in accordance with the provisions of the Redevelopment Plan. Aggregation of parcels is encouraged throughout the Redevelopment Area to accommodate unified development. Planning and Zoning Board Memorandum Staff Report LDR Text Amendments - Wallace Drive Oveday District Page 4 The proposed LDR Amendment is consistent with the recommendations in the Wallace Drive Redevelopment Plan for creation of an Oveday District with special development standards to promote redevelopment of the area. The proposed LDR amendment is consistent with the current and proposed goals, objectives and policies of the Comprehensive Plan. The subject property is not within a geographical area requiring review by the Community Redevelopment Agency, Downtown Development Authority or the Historic Preservation Board. Courtesy Notices: Courtesy notices have been provided to the following homeowner's associations, which have requested notice of developments in their areas: President's Council · Progressive Residents of Delray (PROD) · Delray Beach Heights HOA · Southddge HOA · Woods of Southridge HOA Public Notice: Formal notice has been provided to all property owners within the area subject to the amendment. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. 1. Continue with direction. 2. Recommend approval of the proposed amendment. 3. Recommend denial of the proposed amendment, in whole or in part. Recommend to the City Commission, approval of the attached amendment to create LDR Section 4.5.8, The Wallace Drive Overlay District, to define and establish an Oveday District within a portion of the Wallace Ddve Redevelopment Area and to amend LDR Sections 4.4.26(F), Development Standards, and 4.4.26(H) Special District Requlations, modifying the Development Standards for (LI) Light Industrial zoned properties within said Overlay District, based upon positive findings with LDR Section 2.4.5(M)(5), that the text amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. Attachments: Proposed Ordinance & Location Map \\carolina\departments\planning & zoning~boards\p&z board\wallace drive oveday district.doc TO: THRU: FROM: SUBJECT: JEFFREY A. COSTELLO. ASS,STA.T PLA..,.G D,RECTO ' /- ' MEETING OF JANUARY 6, 2004 AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS APPENDIX A "DEFINITIONS" TO AMEND THE DEFINITION OF ADULT ENTERTAINMENT ESTABLISHMENT TO PROVIDE FOR THE INCLUSION OF ADULT NOVELTY STORES AND TO PROVIDE A DEFINITION OF ADULT NOVELTY STORES. This amendment is being processed to cladfy the current definition of Adult Entertainment Establishment. The amendment provides for the inclusion of adult novelty stores as adult entertainment establishments and provides a definition of adult novelty stores. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. As noted previously, this amendment is being initiated more for "housekeeping" purposes than to fulfill any specific Comp Plan policy. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. The Planning and Zoning Board held a public hearing regarding this item at its meeting of December 15, 2003. There was a member of the public that had a concern that the ordinance only related to businesses that are operated for commercial gain and did not include non-profit organizations. He also had a concern with the definition of Adult Novelty Store where it states "specified sexual activities". After discussing the amendment, the Board voted 5-0 (Krall and Pike absent) to recommend to the City Commission approval of the proposed amendment to Appendix A "Definitions" to amend the definition of Adult Entertainment Establishment and to provide a definition of Adult Novelty Stores, based upon positive findings with LDR Section 2.4.5(M). The concerns raised have been discussed with the City Attorney's office and no changes are proposed as the proposed ordinance is consistent with the Palm Beach County ordinance, which defines "commercial gain" and "specified sexual activities". By motion, approve on first reading the ordinance amending Land Development Regulations Appendix A "Definitions" to amend the definition of Adult Entertainment Establishment and to provide a definition of Adult Novelty Stores, based upon positive findings with LDR Section 2.4.5(M), and set a public hearing date of February 3, 2004. Attachment: Proposed Ordinance ORDINANCE NO. 3-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DFe~RAY BEACH, AMENDING APPENDIX "A", BY AMENDING THE DEFINITION OF "ADULT ENTERTAINMENT ESTABLISHMENT" IN ORDER TO PROVIDE FOR THE INCLUSION OF ADULT NOVELTY STORES IN THE DEFINITION OF ADULT ENTERTAINMENT ESTABLISHMENT AND ENACTING A DEFINITION OF ADULT NOVELTY STORE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to protect the public health, safety and welfare of its citizens; and WHEREAS, the City Commission enacts this ordinance in the interest of the public health, peace, safety, morals and general welfare of the citizens of Delray Beach, Florida, pursuant to Article VII, Sections 2(b) and (5) of the Florida Constitution, and Chapter 166, Section 166.021 of the Florida Statutes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DFJ.RAY BEACH, FLORIDA: Section 1. That Appendix "A" be amended as follows: ADULT ENTERTAINMENT ESTABLISHMENT: (A) Any adult arcade, adult bookstore/adult video store, adult novelty store, or adult dancing establishment; or any other establishment or business operated for commercial gain where any employee, operator or owner engages in nudity or partial nudity including but not limited to: massage establishments, whether or not licensed pursuant to Chapter 480, Florida Statutes, tanning salons, modeling studios or lingerie studios. (B) Excluded from this definition are any educational institutions where engaging in nudity or partial nudity is associated with a curriculum or program. (C) An establishment that possesses an adult entertainment license through Palm Beach County is presumed to be an Adult Entertainment Establishment. ADULT NOVELTY STORE: An establishment which sells or offers instruments. novelties, devices or paraphernalia which are desi_~ed for use in connection with specified sexual activities. 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. of PASSED AND ADOPI'ED in regular session on second and final reading on this ,2004. A'ITI~ST: MAYOR CITY CLERK First Reading Second Reading 2 ORD. NO. 3-04 CITY OF DELRrlY BEACH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Wdter's Direct Line: 561/243-7091 p E,L~Y, B~oCH~ DATE: MEMORANDUM December 1,2003 TO: City Commission FROM: SUBJECT: Susan A. Ruby, City Attorney Tripartite and Intedocal Agreement and Amendment No. 1 and No. 2 to the Agreement The Tripartite and Intedocal Agreement and Amendments provide: 1. The City will acquire from the CRA, the new library site. 2. The CRA shall acquire the old library site. The CRA shall receive $1,700,000.00 for its site (Parcel 3) (the appraised value, plus costs). The City will receive all monies in excess of the amount referred to in Paragraph 3 above in the sale of the current library site. The Library will enter a 99 year Lease with the City for the current library site and an option for the library to purchase the new site for $1.00 after 20 years. The original Tripartite Agreement stated that if any party was unsatisfied with the appraisals, the agreement could be terminated. The time to consider the appraisals was originally thirty (30) days after receipt of the appraisals and was then extended by Amendment No. 1 until November 10, 2003. Amendment No. 2 extends that date until December 20, 2003 to elect to terminate the Agreement. The appraisal for the CRA site is $1,700,000.00. The revised appraisal of the current Library site and building is $1,600,000.00. City Commission December 1, 2003 Page 2 Resolution No. 79-03 includes the Tripartite and Interlocal Agreement and Amendments No. 1 and 2. The Resolution will be advertised for a public hearing January 6, 2004. Please place the Resolution and Amendments on the City Commission agenda for 2004. Attachments Cc' Barbara Gadto, City Clerk Diane Colonna, Director, CRA Robert Federspiel, Esq. John Callahan, Delray Beach Library RESOLUTION NO. 7%03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DRI.RAY BEACH, FLORIDA, AUTHORIZING THE SALE, PURCHASE, EXCHANGE AND LEASE OF CERTAIN REAL PROPERTY LOCATED IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE TRIPARTITE AND INTER.LOCAL AGREEMENT AND AMENDMENT NO. 1 AND AMENDMENT NO. 2 THERETO AND LEASE, WHICH CONTAIN THE TERMS AND CONDITIONS OF THE SALE, PURCHASE, EXCHANGE AND LEASE OF REAL PROPERTY BETWEEN THE CITY OF DELRAY BEACH, FLORIDA, THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, AND THE DELRAY BEACH PUBLIC LIBRARY ASSOCIATION, INC. WHEREAS, the City of Delray Beach, Florida is the owner of land better known as the current Library Site; and, WHEREAS, the CRA owns land that will be conveyed to the City for a new Library Site; WHEREAS, the Library will forgo its long term lease of the current library site in exchange for a ninety-nine (99) year lease with an option to purchase the new library building and property after twenty (20) years, in accordance with a long term lease; and, WHEREAS, when the current library property is sold, the CRA shall receive $1,700,000.00 (the appraised value of Parcel Three -- the new library site). The City will receive proceeds in excess of the appraised value of Parcel Three ($1,700,000.00), minus costs incurred by the CRA to complete the sale; and, WHEREAS, the City of Delray Beach determines it is in the best interest of the City to enter into the Contract for Sale and Purchase, Tripartite and Interlocal Agreement and Lease. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The Recitals are incorporated as if fully set forth herein. Section 2. The CRA is the owner of property referred to as "Parcel Three", legally described as Lots 1 through 4, Block 53, Town of Linton (now Delray Beach), according to the Plat thereof as recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida, less the fight-of-way for West Atlantic Avenue. ~ection 3. The City is the legal owner of Lot 7, less the North 16.0 feet and the West 8.17 feet, Lots 8 and 9, less the West 8.17 feet, the North 20 feet of Lot 10, Less the West 8.17 feet, Town of Linton (now Delray Beach), according to the plat thereof as recorded in Plat Book 1, Page 3, Public Records of Palm Beach County; known as the "current Library Site" which is subject to a long term lease in favor of the Delray Beach Library Association, Inc. ~ection 4. The City shall transfer ownership of the current Library Site to the CRA, and the CRA will transfer fee simple ownership to Parcel Three to the City. Section 5. Parcel Three and the library building will be owned by the City and will be subject to a 99 year lease in favor of the library with a 20 year option for the Library to purchase the land and building. Section 6. The CRA shall receive monies up to the appraised value of Parcel Three ($1,700,000.00). The City will receive monies in excess of $1,700,000.00, minus expenses of sale incurred by the CRA. Secfi0n 7. Each Party will tender at their own cost, a Tide Insurance Commitment and Policy to the receiving Party. Section 8. All other terms and conditions are as set forth in the Tripartite and Interlocal Agreement (and Amendment No. 1 and Amendment No. 2 thereto) included as Exhibit "A" hereto. PASSED AND ADOPTED in regular session on this the day ofJanuary, 2004. ATI'Ie;ST: MAYOR City C~rk 2 RES. NO. 7%03 EXHIBIT "A" ]. Tripartite and Intedocal Agreement dated July 1,2003 is available for review at the City Clerk's office. 2. Amendment No. 1 dated November 7, 2003 is available for review at the City Clerk's 3. Amendment No. 2 (attached) AMENDMENT NO. 2 TO THE TRIPARTITE AND INTERLOCAL AGREEMENT THIS AMENDMENT NO. 2 to the Tripartite and Interlocal Agreement dated July 1, 2003, is made by the CITY OF DELRAY BEACH, FLORIDA (the "City") and the CITY OF DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY (the "CRA") and the DELRAY "Library"). BEACH PUBLIC LIBRARY ASSOCIATION, INC. (the WITNESSETH: WHEREAS, the CITY and the CRA desire to amend the above agreement to clarify the consideration to be received by the CITY and CRA upon the transfer of the properties described in the Tripartite and Interiocal Agreement; and, WHEREAS, the CITY and the CRA desire to amend the time limit to terminate the Agreement. WHEREAS, the CITY, CRA and LIBRARY wish to clarify that in the future any modification to the Tripartite Agreement need be signed and executed between the parties that will be affected by the revision or change to the Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree as follows: 1. The recitals are incorporated as if fully set forth herein. 2. Paragraph 5 of the Agreemen~ is modified to read as follows: 5. The parties agree that the CRA shall order an appraisal of the Current Library Site and Pamel Three promptly after the execution of this Agreement through Anderson and Carr Appraisers for purposes of establishing the appraised value of the respective properties for purposes of this Agreement. The CRA, and the CITY agree to share equally in the cost of such appraisals and the CITY agrees to remit to the CRA their share of the cost thereof within f'~een (15) days following receipt of an invoice from the CRA together with a copy of such appraisals. Upon obtaining the appraisal reports, such party shall have until December 20, 2003 to elect to terminate this Agreement if such report is unacceptable to them in their sole discretion. The parties hereby agree that in the event the CRA pursuant to its redevelopment efforts with respect to the Current Library Site shall realize proceeds from the sale of that site, such net proceeds attributable to that site shall be distributed between the parties in the following manner: a) The CRA is entitled to all proceeds up to the appraised value of Parcel Three, which is agreed to be ($1,700,000.00), plus all costs incurred by the CRA in the preparation for and disposition of the Current Library Site through a Request for Proposal for Redevelopment, including but not limited to surveys, appraisals, advertising, engineering, architectural, and legal expenses, then b) The CITY is entitled to all proceeds in excess of (a) above, upon the sale of the Current Library Site. Notwithstanding any provision of this Agreement to the contrary, the CRA shall have the frae and sole discretion in determining the price and terms for its disposition of the Current Library Site pursuant to its public purposes and no special or fiduciary duty of any kind shall be created or imposed as a result of this Agreement. Further, the Agreement shall not be deemed to create an encumbrance of any kind on the title to the Current Library Site. 3. Paragraph 20 of the Agreement is modified to read as follows: 20. This Agreement and attachments hereto constitute the entire agreement of the parties. To be effective, any modifications shall be in wdting and signed by parties affected by the modification and by persons with authority to bind the parties. Modifications to any exhibits shall be in wdting and shall be deemed to be included and incorporated herein without the need to amend the Tripartite and Interlocal Agreement; however, all parties to the Tripartite and Interlocal Agreement shall be notified and presented with a copy of the modified exhibit. 4. The terms and conditions of the Tripartite and Interlocal Agreement, not expressly affected by this modification, remain in full force and affect. IN WITNESS WHEREOF, the parties have heretofore set their hands and seals on the day and year first above written. ATTEST: City Clerk Approved as to Form: City Attomey CITY OF DELRAY BEACH, FLORIDA By:, Jeff Perlman, Mayor ATTEST: Pdnt Name: Approved as to Form: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY By: Howard Ellingsworth, Chairman 3 Pdnt Name: DELRAY BEACH PUBLIC LIBRARY ASSOCIATION, INC. ByL Print Name: Its President 4 TO: THRU: FROM: SUBJECT: DAVID T. HARI~c<.~N~=.~, PAUL DORLING', DIRECTOR OF PI~NING AND ZONING J ROBE.T G. TEFFT. SE.,OR PLAN.ER MEETING OF JANUARY 6, 2004 PRIVATELY SPONSORED SMALL SCALE FUTURE LAND USE MAP (FLUM) AMENDMENT FROM GENERAL COMMERCIAL (GC), IN PART, AND COMMERCE (CMR), IN PART, TO CMR AND REZONING FROM GC, IN PART, AND MIXED INDUSTRIAL AND COMMERCIAL (MIC), IN PART, TO MIC FOR THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF INTERSTATE HIGHWAY 95 AND WEST ATLANTIC AVENUE (80 DEPOT AVENUE). The property consists of a meets and bounds description and contains 1.80 acres. The property contains the train depot which was listed in the National Register in September of 1986 and in the Local Register of Historic Places in October of 1988. The building was constructed in 1926 and was most recently used as an office for an interior decorator and furniture repair use. These land development applications have been submitted to allow the establishment of a private warehouse for the storage of automobiles (no vehicle repair, sales or display) and private office space. This use would be permissible under the proposed MIC zoning, but not under the current GC zoning. Additional background and an analysis of the FLUM amendment and Rezoning are provided in the attached Planning and Zoning Board staff report. At its meeting of December 15, 2003, the planning and Zoning Board held a public hearing in conjunction with the FLUM Amendment and Rezoning requests. There was no public testimony regarding the request. After reviewing the staff report and discussing the proposal, the Board unanimously voted 6-0 (Krall absent) to recommend that the requests be approved, based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan, LDR Section 3.1.1, LDR Section 2.4.5(D) (5), LDR Section 3.2.2 and the Goals, Objectives and Policies of the Comprehensive Plan, subject to the condition that a site plan modification is processed to provide, but not be limited to, screening of the existing dumpster, upgrading of the landscaping and resurfacing and restriping of the existing parking area. By motion, approve on first reading the ordinance for the privately sponsored small scale Future Land Use Map Amendment from General Commercial (GC), in part, and Commerce (CMR), in part, to CMR and rezoning from GC, in part, and Mixed Industrial and Commercial (MIC), in part, to MIC, based upon the findings and recommendations by the Planning and Zoning Board, subject to a site plan modification being processed to provide, but not be limited to, screening the existing dumpster, upgrading of the landscaping and resurfacing and restriping of the existing parking area. A~achments: Planning and Zoning Board Staff Reporl of December 15, 2003 and Ordinance by Others ORDINANCE NO. 2-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE PLAN FROM CMR (COMMERCE) IN PART AND GC (GENERAL COMMERCIAL) IN PART TO CMR (COMMERCE); ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT IN PART AND GC (GENERAL COMMERCIAL) DISTRICT IN PART TO MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED AT THE NORTHWEST CORNER OF WEST ATLANTIC AVENUE AND INTERSTATE-95 (FORMER TRAIN STATION DEPOT), AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2003"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, The Atlantic Group Holding Corp. and Linton Group Holdings, LLC, is the fee simple owner of a 1.80 acre parcel of land located at the northwest comer of West Atlantic Avenue and Interstate-95; and WHEREAS, the subject property hereinafter described has an existing Future Land Use Map (FLUM) designation of CMR (Commerce) in part and GC (General Commercial) in part; and WHEREAS, the owner of the property requested to change the Future Land Use Map designation from CMR (Commerce) in part and GC (General Commercial) in part to CMR (Commerce); and WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 2003, as being zoned MIC (Mixed Industrial and Commercial) District in part and GC (General Commercial) District in part; WHEREAS, at its meeting of December 15, 2003 the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Future Land Use Map designation of the subject property is hereby officially affixed as CIVlR (Commerce). Section 2. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3. Section 3. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of MIC (Mixed Industrial and Commercial) District for the following described property: PARCEL1 A parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida, said parcel being more particularly described as follows: Commencing at the Northeast comer of said Section 18; Thence with a bearing of South 00° 30' 00" East, along the East line of Section 18, a distance of 690.00 feet to a point; thence with a bearing of South 89° 30' 00" West, a distance of 264.00 feet to a point; thence with a bearing of South 00° 30' 00" East, along a line 264.00 feet West of and parallel to the East line of Section 18, a distance of 1,280.24 feet to a point; thence with a bearing of South 32° 53' 57" West, a distance of 43.58 feet to a point of curvature; thence with a curie to the left, having a radius of 632.00 feet, an arc length of 215.00 feet to the Point of Beginning: thence with a bearing of South 07° 50' 46" West, a distance of 399.94 feet to a point; thence with a bearing of South 22' 58' 54" West, a distance of 81.05 feet to a point; thence with a bearing of South 81' 46' 47" West, a distance of 17.99 feet to a point; thence with a bearing of North 00° 30' 00" West, a distance of 629.54 feet to a point; thence with a bearing of North 89° 30' 00" East, a distance of 97.15 feet to a point; thence with a curie concave to the West, having an initial tangent bearing of South 07' 04' 59" East, a radius of 541.40 feet, a central angle of 16° 21' 56", an arc length of 154.64 feet to a point; thence with a bearing of South 79° 19' 23" East, a distance of 15.62 feet, more or less, to the Point of Beginning. PARCEL 2. A parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida, said parcel being more particularly described as follows: 2 ORD NO. 2-.04 Commencing at the Northeast comer of said Section 18; thence with a bearing of South 00' 30' 00" East, along the East line of Section 18, a distance of 690.00 feet to a point; thence with a beating of South 89* 30' 00" West, a distance of 264.00 feet to a point; thence with a bearing of South 00° 30' 00" East, along a line lying 264.00 feet West of and parallel to the East line of Section 18, a distance of 670.10 feet to a point; thence with a beating of North 89' 17' 11" West, a distance of 172.85 feet to a point; thence with a bearing of North 89* 16' 05" West, a distance of 30.00 feet to a point; thence with a beating of South 00° 30' 00" East, a distance of 549.97 feet to the Point of Beginning; thence with a bearing of South 89* 16' 05" East, a distance of 51.99 feet to a point; thence with a bearing of South 13° 30' 39" East, a distance of 83.23 feet to a point; thence with a curve concave to the Southwest, having an initial tangent bearing of South 14' 33' 49" East, a radius of 541.40 feet, a central angle of 06* 11' 07", an arc length of 58.45 feet to a point; thence with a bearing of South 89' 30' 00" West, a distance of 97.11 feet to a point; thence with a beating of North 00' 30' 00" West, a distance of 139.89 feet to a point; thence with a bearing of South 89' 16' 05" East, a distance of 15.28 feet, more or less, to the Point of Beginning. PARCEL 3 A parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Delmy Beach, Palm Beach County, Florida, said parcel being more particularly described as follows: Commencing at the Northeast comer of said Section 18; thence with a bearing of South 00° 30' 00" East, along the East line of Section 18, a distance of 690 feet to a point; thence with a bearing of South 89' 30' 00" West, a distance of 264.00 feet to a point; thence with a bearing of South 00° 30' 00" East, along a line lying 264.00 feet West of and parallel to the East line of Section 18, a distance of 670.10 feet to a point; thence with a bearing of North 89° 17' 11" West, a distance of 172.85 feet to the Point of Beginning; thence with a beating of South 00° 30' 00" East, a distance of 453.54 feet to a point; thence with a curve concave to the East, having an initial bearing of South 02° 56' 43" East, a radius of 25.00 feet, a central angle of 13' 07' 13", an am length of 5.72 feet to a point; thence with a bearing of South 13° 30' 39" East, a distance of 93.70 feet to a point; thence with a beating of North 89° 16' 05" West, a distance of 51.99 feet to a point; thence with a beating of North 00° 30' 00" West, a distance of 549.97 feet to a point; thence with a bearing of South 89° 16' 05" East, a distance of 30.00 feet, more or less, to the Point of Beginning. Subject to a 16 foot Railroad track easement for railroad purposes, being more particularly described as follows: Commencing at the Northeast comer of said Section 18; thence with a bearing of South 00° 30' 00" East, along the East line of Section 18, a distance of 690.00 feet to a point; thence with a bearing of South 89° 30' 00" West, a distance of 264.00 feet to a point; Thence with a bearing of South 00' 30' 00" East, along a line lying 264.00 feet West of and parallel to the East line of Section 18, a distance of 670.10 feet to a point; thence with a beating of North 89' 17' 11" 3 ORD NO. 2-04 West, a distance of 172.85 feet to a point; thence with a bearing of South 00° 30' 00" East, a distance of 222.16 feet to the Point of beginning of the boundary of 16 foot track easement; thence with a bearing of South 00° 30' 00" East, a distance of 39.70 feet to a point; thence with a curve concave to the Northeast, having an initial tangent bearing of North 25° 23' 41" West, a radius of 924.65 feet, a central angle of 04° 51' 58", an arc length of 78.53 feet to a point; thence with a bearing of North 00° 30' 00" West, a distance of 50.31 feet to a point; thence with a curve concave to the northeast, having an initial tangent bearing of South 17° 32' 49" East, a radius of 908.65 feet, a central angle of 05° 34' 34" East, an arc length of 88.43 feet, more or less, to the Point of Beginning. Also subject to an easement of ingress and egress over the roadway located on the hereinabove described Parcels 2 and 3 for the purpose of access to the team track West of said property, for so long as said tracks remain in place. And there is further reserved to Amtrack and the public, an easement on ingress and egress over said roadway for the purpose of access to the present Amtrak facility located thereon. Section 4. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 3 hereof. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. 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 7. That this ordinance shall become effective as follows: thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. 4 ORD NO. 2-04 PASSED AND ADOPTED in regular session on second and final reading on this the day of ~ 200~. ATTEST M A Y O R City Clerk First Reading Second Reading 5 ORD NO. 2-04 zo.,. II'CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: December 15~h, 2003 IV. A. Future Land Use Map Amendment From CMR (Commerce) In Part and GC (General Commercial) In Part, To CMR (Commerce) and Rezoning From MIC (Mixed Industrial and Commercial) In Part and GC (General Commercial) In Part, To MIC (Mixed Industrial and Commercial) for a Parcel of Land Known as Delray Depot (Formerly the Train Station Depot site) (Quasi-Judicial Hearing). GENERAL DATA: Proposed Zoning ........................ Adjacent Zoning ................ North: East: South: West: Owner/Applicant ......................... The Atlantic Group Holdings Corporation. Applicant .................................... Weiner & Aronson, P.A. Agent .......................................... Gerhard Schillinger Location ...................................... Located at the northwest comer of West Atlantic Avenue and 1-95. Property Size .............................. 1.80 Acres Future Land Use Map ................GC (General Commercial) & CMR (Commerce) Proposed F.L.U.M ...................... CMR (Commerce) Current Zoning ............................ GC (General Commercial) & MIC (Mixed Industrial & Commercial) MIC (Mixed Industrial & Commercial) I (Industrial) MIC (Mixed Industrial & Commercial) and Interstate #95 (I - 95) Right-of-Way MIC (Mixed Industrial & Commercial) and CD (Conservation District) MIC (Mixed Industrial & Commercial) Existing Land Use ...................... Vacant building Proposed Land Use .................... Auto storage with associated office. Water Service ............................. Existing on site. Sewer Service ............................. Existing on site. IV. A. The action before the Board is that of making a recommendation to the City Commission on a privately sponsored small scale Future Land Use Map (FLUM) Amendment from General Commercial (GC), in part, and Commerce (CMR), in part, to CMR and rezoning from GC, in part, and Mixed Industrial and Commercial (MIC), in part, to MIC for the property located at the northwest comer of Interstate Highway 95 and West Atlantic Avenue (80 Depot Avenue). Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the Local Planning Agency (Planning & Zoning Board) shall review and make a recommendation to the City Commission with respect to a FLUM amendment and rezoning of any property within the City. The property consists of a meets and bounds description and contains 1.80 acres. The property contains the train depot which was listed in the National Register in September of 1986 and in the Local Register of Historic Places in October of 1988. The building was constructed in 1926 and was most recently used as an office for an interior decorator and fumiture repair use. At its meeting of November 25, 1986, the City Commission approved a Futura Land Use Map Amendment from Industrial to Commercial and a Rezoning from Medium Industrial to General Commercial. These were privately initiated applications by the owner of the property. The applicant indicated that the change to commercial designations from industrial were appropriate since the use of the property by AMTRAK had ended and that the property was appropriately sited for office and retail uses. These proposed changes were requested despite the lack of access to West Atlantic Avenue. An application has been submitted for a FLUM amendment from General Commercial (GC), in part, and Commerce (CMR), in part, to CMR and a rezoning from GC, in part, and Mixed Industrial and Commercial (MIC), in part, to MIC. These applications have been submitted with the purpose of establishing a private warehouse for the storage of automobiles (no vehicle rapair, sales or display) and private office space on the subject property. This use would be permissible under the proposed MIC zoning, but not under the current GC zoning. In accordance with Chapter 163, Florida Statutes, this Future Land Use Map amendment is considered a small scale amendment and is not limited to the twice-a-year Comprehensive Plan Amendment review process. Flodda Statute 163.3187 - Small-Scale Land Use Map Amendments: This Future Land Use Map Amendment is being processed as a Small-Scale Development pursuant to Florida Statute 163.3187. This statute states that any local government comprahensive land use amendments directly related to proposed small-scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments (twice a year), subject to the following conditions: The amendment does not exceed 10 acres of land; Planning and Zoning Boar~ "afl Report Delray Depot - Small-Scale rLUM Amendment and Rezoning Page 2 The cumulative effect of the amendments processed under this section shall not exceed 120 acres within designated redevelopment and traffic concurrency exception areas or 60 acres annually in areas lying outside the designated areas; The proposed amendment does not involve the same property or the same owner's property within 200 feet of property, granted a change within a pedod of 12 months; That if the proposed amendment involves a residential land use, the residential land use has a density of 10 units or less per acre except for properties that are designated in the Comprehensive Plan for urban inflll, urban redevelopment or downtown revitalization; n The proposed amendment does not involve a text change to the goals, policies and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity; and El The property that is the subject of a proposed amendment is not located within an area of cdtical state concern. The 1.80 acre property does not exceed 10 acres nor does it exceed the maximum of 60 acres annually for properties located outside of designated redevelopment or traffic concurrency exception areas. This application is only the third small-scale FLUM amendment this year and would result in a combined total of 6.74 acres considered as small scale amendments. The subject property does not involve a residential land use or a text change, nor is it located in an area of critical state concern. The proposed Future Land Use Map amendment involves a property that has not previously been considered, nor located within 200' of property owned by the applicant that was approved for a land use change within the past year. Based upon the above, the subject proposal is consistent with the criteda for a small-scale development. REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, wr'~en 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 Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The proposed Mixed Industrial and Commercial (MIC) zoning district is consistent with the proposed Commerce (CMR) FLUM designation. The proposed warehouse and office uses are allowed in the MIC zoning district as permitted uses. Based on the above, positive findings can be made with respect to FLUM consistency. Planning and Zoning Boar( ~ff Report Delray Depot - Small-Scale PLUM Amendment and Rezoning Page 3 The remaining required findings of LDR Section 3.1.1 (Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations) are discussed below. The following Comprehensive Plan Policy applies to Future Land Use Map Amendments: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: Demonstrated Need - That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The subject property was most recently used as an office and fumiture repair facility for an intedor decorator. The property had previously been used for a contractor's office/warehouse and as a train depot. The owner of the property proposes to establish a pdvate warehouse for the storage of automobiles (no vehicle repair, sales or display) and an associated private office. The property's GC land use designation was requested by a prior property owner in 1986 when the property was occupied by AMTRAK and was made with the knowledge that the AMTRAK stop would be relocated. The request was made to accommodate office and retail uses; however, the project never moved fonvard due to a number of issues, not limited to but including, access. The existing GC land use designation of the property is inappropriate since the property contains no direct vehicular access from West Atlantic Avenue. This situation results in insufficient exposure to sustain commercial businesses. When the Comprehensive Plan was originally adopted in 1989, the conclusion that the Commerce (CMR) land use designation was the most needed land use designation (see Future Land Use Element Policy A-1.3) in the City was ardved at based on data and analysis. The proposed FLUM amendment and rozoning is appropriate as having an industrially oriented use on the property will be more sustainable since direct access to an artedal road is not cdtical to tho~e uses permitted within the MIC zoning district. The FLUM designations surrounding the property are CMR, which is consistent with the character of the area. Consistency - The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The proposal is consistent with the above policy as well as other goals, objectives and policies of the City's Comprehensive Plan. The FLUM amendment will also address the following Comprehensive Plan Policy: Future Land Use Element Policy A-l.3 - The Commerce land use designation, which involves a mix of light industrial, commercial uses and research and development, is the Planning and Zoning Boan afl Report Delray Depot - Small-Scale I-LUM Amendment and Rezoning Page 4 most needed land use during the City's final stage of build-out. Thus, changes to the Future Land Use Map, which diminish this land use, are discouraged. The proposed FLUM amendment will place additional land that is currently designated commercial and place it in the Commerce category. Future Land Use Element Policy C-1.3- The City shall concantrate efforts in the heavy industrial and undeveloped areas along artedal roadways in order to provide a better image of the community. Such efforts should include: )' Enhanced and continuous code enforcement, )' Regulations which required heavy industrial uses to provide perimeter landscaping of their sites, )' OWners of vacant property shall provide a landscaped appearance of their properties. The applicant has indicated an intent to establish a private warehouse for the storage of automobiles (no vehicle repair, sales or display) and private office space on the subject property. The applicant has also indicated that the proposed uses will operate completely within the existing building. It is noted the condition of the property is substandard with respect to landscaping and screening of the dumpster enclosures. A site plan modification with upgrades to the site to meet current standards where feasible will be necessary. This modification should include, but not be limited to landscaping and screening of the existing dumpster enclosure and resurfacing and restdping the existing parking area. Following consideration of the FLUM amendment and rezoning, a site plan modification would need to be considered by the Historic Preservation Board (HPB) and is attached as a condition of approval. [3 Concurrency- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposal involves a FLUM amendment on a 1.80 acre parcel from GC, in part, and CMR, in part, to CMR. The impact on adopted concurrency standards will be reduced by the proposed FLUM amendment. Concurrency findings with respect to Parks and Recreation, Solid Waste, Traffic and Water and Sewer are discussed below: Parks and Recreation: There will be no impact on the City's Parks and Recreation facilities due to the FLUM and Rezoning changes. Solid Waste: In its most recent utilization as an office and furniture repair business, the 7,300 square foot structure generated 19.71 tons of solid waste per year. The proposed private offica/warehouse will fall under the same waste generation category; therefore no additional impact on this level of service standard is expected. Traffic: The applicant has submitted a traffic statement that indicates the existing 7,300 square foot structure being utilized by an industrial use would generate 47 average daily trips onto the sun-ounding road network. The 7,300 square foot structures highest intensity under the existing Planning and Zoning Boan afl Report Delray Depot - Small-Scale r~_UM Amendment and Rezoning Page 5 General Commercial zoning may result in a maximum of 673 trips (7,300 sq. ft. / 1,000 x 92.17 = 672.841 trips). Therefore a significant reduction in traffic impact is to be expected. Water and Sewer: Water service is provided to the site via an 8" water main, which is located along the south side of the property on West Atlantic Avenue. Sewer service is provided via a septic tank system. The drainage field is located along the south side of the property. Adequate fire suppression is provided to the site via an existing fire hydrant along the northeast side of the building. 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 upon the current FLUM. Pursuant to the Public Facilities Element Policy A-1.1, existing septic tanks located in sewered areas throughout the City shall be removed from use as necessary pursuant to Flodda Statutes. There are no sewer mains located adjacent to the property or within reasonable distance to extend to the subject property. The proposed conversion of the commercial property to industrial will decrease the demand on these public services. Thus, a positive finding with respect to this level of service standard can be made. o Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area. The property is surrounded on the north, east and west by MIC zoned property and/or existing industrial uses. To the east across the 1-95 right-of-way are residences zoned R-1-A. There is no compatibility concern with respect to these residences due to the separation provided by the 1-95 right-of-way, which is approximately 970' in width. The proposed business office and warehouse uses will be compatible with these properties. The proposed use will have no impact on the Conservation District (CD) zoned property that is located to the south across West Atlantic Avenue. Based on the above, a positive finding with respect to Compatibility can be made. Compliance - Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Any future redevelopment of the 1.80 acre parcel of land will occur in accordance with the City's Land Development Regulations. The applicant has indicated that he intends to establish a pdvate warehouse for the storage of automobiles (no vehicle repair, sales or display) and pdvate office space that would operate completely within the existing building on the subject property. As previously discussed, the condition of the property is substandard with respect to landscaping and screening of the existing dumpster enclosures and the existing parking area is in a state of disrepair and should be resurfaced and restriped. Pursuant to Future Land Use Element Policy C-1.3, these landscaping, parking area and dumpster enclosure improvements will be necessary to improve the aesthetics of the property. With the provision of the above, a POSitive finding with respect to compliance with the Land Development Regulations can be made. Future Land Use Map Consistency, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. Planning and Zoning Boan 'afl Report Delray Depot - Small-Scale r~.UM Amendment and Rezoning Page 6 CONSISTENCY: Compliance with the performance standards set forth in LDR Section 3.2.2, along with the required findings in LDR Section 2.4.5(D) (5), 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. LDR Section 3.2.2: Standards A, B, C and E are not applicable. The applicable performance standard of LDR Section 3.2.2 is as follows: (D)That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The following zoning designations and uses border the property: Zoning Desiqnation: Use*, North MIC Vacant South CD Preserve Area East MIC and 1-95 Right-of-Way Industrial West MIC Industrial The proposed MIC zoning designation of the property is consistent with the prevalent development pattern of the surrounding properties. Furthermore, the property's existing GC zoning designation is inappropriate since there is no access to West Atlantic Avenue, which restricts the viability of the property for commercial activity. LDR Section 2.4.5(D) (5): Pursuant to LDR Section 2.4.5(D) (5), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: (a) That the zoning had previously been changed, or was originally established, in error;, (b) That there has been a change in circumstances which make the current zoning inappropdate; or (c) That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon cimumstances particular to the site and/or neighborhood. The applicant submitted a justification statement which states: "The surrounding properties are zoned MIC, so it is more appropriate that this property be rezoned to MIC. In fact, a portion of the property is already zoned MIC. Thus, the requested zoning is of similar intensity and more appropriate based upon the circumstances particular to the site and/or neighborhood: The property has two FLUM designations (GC and CMR) and two Zoning Map designations (GC and MIC). The requested MIC zoning for the entire property is more appropriate. Planning and Zoning Boarc* ~ff Report Delray Depot - Small-Scale I-LUM Amendment and Rezoning Page 7 Without access to West Atlantic Avenue, the zoning designation of the property as GC is inappropriate. The use of the property for industrial purposes is consistent with the surrounding land uses. Therefore, a positive finding can be made the rezoning fulfills subsection (c). The property is not in an area that requires review by the Community Redevelopment Agency (CRA) or Downtown Development Authority (DDA). Historic Presen/ation Board (HPB~: The HPB reviewed the FLUM amendment and Zoning Map change at its meeting of December 3, 2003, and recommended approval of these applications. The Board recognized that the CMR FLUM designation and MIC zoning designation were appropriate for the property. Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: I~ Presidents Council r3 Progressive Residents of Delray (P.R.O.D.) El United Property Owner's Association Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. The proposed FLUM amendment and Rezoning will provide the appropriate industrial classification for the subject property which is appropriate given the site constraints. The proposed use of the property as industrial will be consistent with the surrounding industrial uses. Positive findings for the Land Use Change can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan, LDR Section 3.1.1 and the Goals, Objectives and Policies of the Comprehensive Plan. Positive findings can also be made for the rezoning with respect to LDR Section 2.4.5(D) (5) and LDR Section 3.2.2. Therefore, the proposed FLUM amendment and rezoning can be recommended for approval based upon the findings outlined in this report. A. Continue with direction; B. Recommend to the City Commission approval of the small-scale FLUM Amendment from CMR and GC to CMR and rezoning from MIC and GC to MIC for the subjeCt property, based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Planning and Zoning Boarc' '~ff Report Delray Depot - Small-Scale l-CUM Amendment and Rezoning Page 8 Comprehensive Plan, LDR Section 2.4.5(D) (5), LDR Section 3.2.2, LDR Section 3.1.1 and the Goals, Objectives and Policies of the Comprehensive Plan; or C. Recommend denial to the City Commission of the small-scale FLUM Amendment from CMR and GC to CMR and rezoning from GC and MIC to MIC based upon a failure to make positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan, LDR Section 2.4.5(D) (5), LDR Section 3.2.2 and Section 3.1.1 of the Land Development Regulations. Recommend to the City Commission approval of the privately sponsored small scale FLUM Amendment from General Commemial (GC), in pad, and Commerce (CMR), in part, to CMR and Rezoning from GC, in part, and Mixed Industrial and Commercial (MIC), in part, to MIC, based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan, LDR Section 3.1.1, LDR Section 2.4.5(D) (5), LDR Section 3.2.2 and the Goals, Objectives and Policies of the Comprehensive Plan. Staff Report Prepared by: Robert G. Tefft, Senior Planner Attachments: Location Map, Proposed Future Land Use Map and Proposed Zoning Map SETA AR TIC ICE CENTER PROSPECT ST. CONGRESS A VENUE UTO CENIER NOLAND CMR N.~ 2N0 ST, PALM TRAN TELLI TE-FA CILI TY DELRA Y AWNING MARTY FLADELL DRIVE ROYAL COMM. PARK OF DELRA Y CHEVRON RINKER MA TERIALS DELRAY DEPOT -- FUTURE LAND USE MAP AMENDMENT -- FROM: CMR (COMMERCE) & GC (GENERAL COMMERCIAL) TO: CMR (COMMERCE) PALM TRAN CF ~ T~LLI TE-FA ClLI TY MIC SETA AR TIC ICE C ~CN TER NOLAND KEYSTONE CREATIONS N.W. 2ND ST. N DELRAY DEPOT -- REZONING - / FROM: MIC (MIXED INDUSTRIAl_ & COMMERCIAL) & C-C (GENERAL COMMERCIAL)] TO: ME:; (MIXED IN OUS'I3~IAL & COMMERCIAL) TO: THRU: FROM: SUBJECT: MEETING OF JANUARY 6, 2004 PRIVATELY SPONSORED REZONING FROM AGRICULTURE (A) TO MEDIUM DENSITY RESIDENTIAL - 8 DU/AC (RM-8) FOR THE PROPERTY LOCATED ON THE NORTH SIDE OF OLD GERMANTOWN ROAD, APPROXIMATELY 1,115' WEST OF HOMEWOOD BOULEVARD. The subject property consists of two (2) unplatted lots totaling 1.69 acres containing two (2) single family residences. The site was annexed into the City in 1988 with an initial zoning designation of Agricultural Residential Transitional (ART). The ART zoning designation was applied as a holding zone for properties annexed into the City in order to allow the existing agricultural uses being conducted on the properties to continue. With the citywide rezoning and adoption of the LDR in October of 1990, the property was rezoned to Agriculture (A). An application has been submitted for a Rezoning from A to RM-8. This application has been submitted with the purpose of constructing a multiple-family residential development on the subject properties. This use would be permissible under the proposed RM-8 zoning, but not under the current A zoning. Additional background and an analysis of the Rezoning request are provided in the attached Planning and Zoning Board staff report. At its meeting of December 15, 2003, the Planning and Zoning Board held a public hearing in conjunction with the requested Rezoning. Four (4) members of the public spoke on the item and expressed concerns relating to traffic and compatibility with the single-family dwellings in the area. After reviewing the staff report and discussing the proposal, the Board unanimously voted 6-0 (Krall absent) to recommend that the request be approved, based upon positive findings with respect to LDR Section 2.4.5(D) (5), LDR Section 3.1.1, LDR Section 3.2.2, LDR Section 4.4.6(I) (3) [that the proposed density is appropriate based upon the FLUM designations of the surrounding properties and prevailing development patterns] and the Goals, Objectives and Policies of the Comprehensive Plan. By motion, approve on first reading the ordinance for the privately sponsored Rezoning from A to RM-8, based upon positive findings with respect to LDR Section 2.4.5(D) (5), LDR Section 3.1.1, LDR Section 3.2.2, LDR Section 4.4.6(I) (3) [that the proposed density is appropriate based upon the FLUM designations of the surrounding properties and prevailing development patterns] and the Goals, Objectives and Policies of the Comprehensive Plan. Attachments: Planning and Zoning Board Staff Report of December 15, 2003 and Ordinance by O~hers ORDINANCE NO. 5-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED A (AGRICULTURE ZONE) DISTRICT TO RM-8 (MEDIUM DENSITY RESIDENTIAL - 8 DWELLING UNITS PER ACRE) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE NORTH SIDE OF OLD GERMANTOWN ROAD, APPROXIMATELY 1,115 FEET WEST OF HOMEWOOD BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2003"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 2003, as being zoned A (Agriculture Zone) District; and WHEREAS, at its meeting of December 15, 2003, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0 to recommend that the property hereinaRer described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of RM-8 (Medium Density Residential -8 dwelling units per acre) District for the following described property: A parcel of land situate in Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida being more particularly described as follows: The West one-half (W ~) of the East one-quarter (E ¼ ) of the Southeast one-quarter (SE ¼) of the Northeast one-quarter (NE ¼ ) of the Northeast one-quarter (NE ¼), of Section 25, lying north of the Road (Old Germantown Road) Together With The East one-eighth (E 1/8) of the Southeast one-quarter (SE ¼) of the Northeast one-quarter (NE ¼) of the Northeast one-quarter (NE ¼ ) of Section 25, lying north of the Road (Old Germantown Road). Section 2. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereofi Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 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 this ord'mance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of ,200~. ATTEST M A Y O R City Clerk First Reading. Second Reading 2 ORD NO. 5-04 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: December 15th, 2003 IV. B. Rezoning From A (Agricultural) To RM-8 (M~edium Density Residential With a Density Suffix of 8 Units Per Acre) For Highland Grove Estates (Quasi-Judicial Hearing). GENERAL DATA: Owner ......................................... Harry E. Gmpp Applicant .................................... Falkan Development Agent .......................................... Jeff Falkanger Location ....... : .............................. Located on the north side of Old Germantown Road, approximately 1,115 feet west of Homewood Boulevard. Property Size .............................. 1.69 Acres Future Land Use Map ................ MD (Medium Density, 5 - 12 Units/Acre) Current Zoning ............................ A (Agriculture) Proposed Zoning ......................... RM - 8 (Multiple Family Residential, Medium Density - 8 Units/Acre) Adjacent Zoning ................ North: RM (Multiple Family Residential, Medium Density) East: PRD (Planned Residential) South: A (Agriculture) West: RM - 8 (Multiple Family Residential, Medium Density - 8 Units/Acre) Existing Land Use ...................... Single Family Dwellings Proposed Land Use .................... Multiple Family Residential Water Service ............................. Existing on site. Sewer Service ............................. Existing on site. LINTON CANAL CANAL 8OULEVARD L-36 L-37 IV. B. The action before the Board is that of making a recommendation to the City Commission on a privately sponsored rezoning from Agriculture (A) to Multiple Family Residential-Medium Density - 8 du/ac (RM-8) for the property located on the north side of Old Germantown Road, ~approximately 1,115' west of Homewood Boulevard. Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the Local Planning Agency (Planning & Zoning Board) shall review and make a recommendation to the City Commission with respect to the rezoning of any property within the City. The subject property consists of two (2) unplatted lots totaling 1.69 acres containing two (2) single family residences. The site was annexed into the City in 1988 with an initial zoning designation of Agricultural Residential Transitional (ART). The ART zoning designation was applied as a holding zone for properties annexed into the City in order to allow the existing agricultural uses being conducted on the properties to continue. With the citywide rezonings and adoption of the LDR in October of 1990, the property was rezoned to Agriculture (A). At its meeting of February 22, 1999, the Planning and Zoning Board recommended approval of a request for rezoning of the adjacent property to the west from A to RM-8 (Winters Rezoning). The initial request made by the applicant was for RM zoning; however the Board determined that in order to ensure compatibility with the adjacent residential uses, a suffix of eight (8) units per acre should be applied to the property. At its meeting of March 16, 1999, the City Commission approved the rezoning of the property. This property has subsequently been platted as a single family subdivision known as Valencia Court, which is currently under development. The proposal is to change the zoning designation of the subject property from Agricultural (A) to Multiple Family Residential-Medium Density - 8 du/ac (RM-8). The applicant has indicated that the proposed rezoning is requested as a prelude to the future development of the property as a multiple family residential project. However, at this time a development application has not been submitted. 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 Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. Planning and Zoning Boar~" 'afl Report Highland Grove Estates - R,~,~oning Page 2 Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Medium Density - 5-12 du/ac (MD) Future Land Use Map designation and is currently zoned Agriculture (A). The proposed Multiple Family Residential- Medium Density - 8 du/ac (RM-8) designation is consistent with the MD 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. Concurrency: Concurrency, as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital Improvements in order to maintain the Levels of Service Standards established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach. Drainaqe: With a rezoning request drainage plans are not required. Storm water retention will be reviewed during the site plan application process. There are no problems anticipated with retaining drainage on site and obtaining a South Florida Water Management District permit. Parks and Recreation: The applicant will be responsible for the City's Parks and Recreation requirements during the site plan review process. The subject property has a development potential of 13 dwelling units under the proposed RM-8 zoning designation. Consequently, the applicant would be subject to a $6,500 park impact fee at maximum development (13 units x $500 per unit). School Concurrency: School concurrency must be addressed during the rezoning application and represent the maximum development. The applicant has received a finding of concurrency from the Palm Beach County School Board. Solid Waste: The development of the prepedy under the RM-8 zoning distdct should not create an adverse impact on this level of service standard. The subject property has a maximum development potential of 13 dwelling units. The two (2) existing single family residences generate 3.98 tons of solid waste per year. The potential 13 multiple family dwelling units would generate 6.76 tons of solid waste per year; a net increase of 2.78 tons of solid waste per year. The increase can be accommodated by existing facilities and thus, will not have a significant impact on this level of service standard. Traffic: The applicant has provided a traffic statement comparing the traffic generated by the two (2) existing single family homes and a twelve (12) unit multiple family development. However, the requested density of eight (8) dwelling units per acre would allow for a maximum of 13 units. Further analysis indicates that should the maximum density be achieved, 71 additional average daily tdps would be generated. Water and Sewer: Water service can be accommodated via a service lateral connection to the existing 12" water main located within the Old Germantown Road right-of-way. Sewer service may be accommodated from one of two potential options; via service lateral connection to an existing manhole in an adjoining development (Spanish Wells or Summit Delray Apartments); or via service lateral connection to the existing 4" force main within Old Germantown Road. It is noted that should the applicant select the former option, utility easements would need to be Planning and Zoning Boar~ *Afl Report Highland Grove Estates - F~;zoning Page 3 secured from the chosen adjoining development. If the latter option is selected, than a private lift station would need to be provided on the subject property. Adequacy of fire suppression will be evaluated during the site plan review process. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Wastewater 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. Consistency: A finding of overall consistency may be made even though the action will be in conflict with some individual performance standards contained within Article 3.2, provided that the approving body specifically finds that the beneficial aspects of the proposed project (hence compliance with some standards) outweighs the negative impacts of identified points of conflict. LDR Section 3.2.2 (Standards for Rezoning Actions): The applicable performance standards of LDR Section 3.2.2 are as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The following zoning designations and uses surround the subject property: Zoninq Des~qnation: FLUM Desiqnation: Use: North RM MD South R- 1 -AAA LD R-1 -AAA LD A LD East PRD MD PRD MD West RM-8 MD Spanish Wells Condominiums Rabbit Hollowe Subdivision Verona Woods Subdivision Single Family Residences Summit Delray Apartments Crosswinds Condominiums Valencia Court Subdivision Multiple family development is permissible within the proposed RM-8 zoning district and would be compatible with the existing multiple family developments to the north and east. The single family subdivision to the west (Valencia Court) was recently rezoned from Agriculture (A) to RM- 8 in 1999 and could still be redeveloped in the future as a multiple family development. The single family subdivisions and remaining agriculturally zoned properties to the south are separated from the subject property by Old Germantown Road and the development requirements found in the City's Land Development Regulations are sufficient enough to mitigate any potentially adverse impacts to these areas. Pursuant to LDR Section 4.4.6(H), density may exceed the base of six (6) units per acre only after the approving body makes a finding that the project has substantially complied with the performance standards of LDR Section 4.4.6(I). The density for a specific RM development may be further limited by a numerical suffix affixed to the designation and shown on the zoning map. Pursuant to LDR Section 4.4.6(I) (3), for vacant property that is proposed for rezoning to RM with a density suffix, the approving body must make a finding that the proposed density is appropriate based upon the FLUM designations of surrounding property as well as the prevailing development pattern of the surrounding area. As noted in the above table, the adjacent properties to the north, east and west have MD (Medium Density) FLUM designations. Planning and Zoning Boarf ~=ff Report Highland Grove Estates - i~,,zoning Page 4 As discussed later in the repod with respect to Comprehensive Plan Housing Element Policy A- 3.2, the proposal is consistent with the prevailing development pattern as well as the densities of the surrounding area. The affixation of the suffix restricting the density of the property to eight (8) units per acre shall ensure maximum compatibility with the adjacent properties. LDR Section 2.4.5(D) (5) - Rezonin,q Findings: Pursuant to LDR Section 2.4.5(D) ($), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: (a) That the zoning had previously been changed, or was originally established, in error; (b) That there has been a change in circumstances which make the current zoning inappropriate; (c) That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted a justification statement, which states the following: "The Agricultural (A) zoning district serves as a holding zone designation. At this time we desire a zoning compatible with the land use of multifamily residential. The change to RM-8 from A would also create a more compatible zoning with the adjacent properties". The applicant's justification is correct, as agricultural uses are not envisioned for the long term on the subject property given the surrounding residential developments. The underlying land use allows for a zoning designation that will accommodate a multiple family residential use, which is consistent with the development pattern to the north, east and west of the subject property. Further, the requested zoning designation (RM-8) is consistent with the FLUM designation (MD). COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted: -- Future Land Use Element Objective A-l: Property shell be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic and other applicable physical considerations, is complementary to adjacent land uses and fulfills remaining land use needs. As discussed previously with respect to LDR Section 3.2.2 (Standards for Rezoning Actions), multiple family development is permissible within the proposed RM-8 zoning distdct and would be compatible with the existing multiple family developments to the north and east. The single family subdivision to the west (Valencia Court) was recently rezoned from Agriculture (A) to RM- 8 in 1999 and could still be redeveloped in the future as a multiple family development. The single family subdivisions and remaining agriculturally zoned properties to the south are separated from the subject property by Old Germantown Road and the development requirements found in the City's Land Development Regulations are sufficient enough to mitigate any potentially adverse impacts to these areas. Planning and Zoning Board' ~ff Report Highland Grove Estates - R~.oning Page 5 Housin,q Element Policy A-3.2: The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to these neighborhoods and affixed to the zoning map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. This policy relates to neighborhoods that are designated "stable" on the Residential Neighborhood Categorization Map. The subject property is located within an area that is designated as such. Given the existing development pattern of the area, the most applicable zoning designation would be the requested RM-8. The following table identifies the neighboring residential developments and their respective densities: Development Type: Density (du/ac): Oakmont Subdivision Single Family (SF) 2.35 Spanish Wells Condominiums Multiple Family (MF) 8.0 Rabbit Hollowe SF 1.23 Valencia Court SF 4.24 Verona Woods SF 2.35 Crosswinds Planned Residential Development Crosswinds Condominiums MF Crosswinds Subdivision SF Summit Delray Apartments MF SF and MF 9.95 (overall) 8.0 4.14 17.7 The proposed density of eight (8) units per acre is in keeping with the housing densities immediately adjacent of this parcel. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Items Identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the development proposal. The applicant has not submitted a development proposal for the subject property. Therefore, there is no analysis with respect to the City's Land Development Regulations. The subject property is not in an area that requires review by the Community Redevelopment Agency (CRA), Downtown Development Authority (DDA) or Historic Preservation Board (HPB). Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notices: Special courtesy notices were provided to the following homeowner's and civic associations: rq Andover Homeowner's Association Planning and Zoning Boarf 'afl Report Highland Grove Estates - l~=zoning Page 6 [3 Crosswinds Homeowner's Association [3 Foxe Chase Homeowner's Association [30akmont Homeowner's Association [3 Presidents Council [q Progressive Residents of Delray (P.R.O.D.) O Rabbit Hollow Homeowner's Association [3 Verona Woods Homeowner's Association Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. The proposed rezoning from Agriculture (A) to Multiple Family Residential-Medium Density - 8 du/ac (RM-8) is consistent with the policies of the Comprehensive Plan and Chapter 3 of the LDR. Additionally, positive findings can also be made with respect to LDR Section 2.4.5(D) (5) and that the proposed density is apprepdate based upon the FLUM designations of the surrounding properties as well as the prevailing development pattem of the surrounding area. A. Continue with direction; B. Recommend to the City Commission approval of the rezoning request from A to RM-8 for the subject property, based upon positive findings with respect to LDR Section 2.4.5(D) (5), LDR Section 3.1.1, LDR Section 3.2.2, LDR Section 4.4.6(I) (3) and the Goals, Objectives and Policies of the Comprehensive Plan; or C. Recommend to the City Commission denial of the rezoning request from A to RM-8 for the subject property, based upon a failure to make positive findings with respect to LDR Section 2.4.5(D) (5), LDR Section 3.1.1, LDR Section 3.2.2, LDR Section 4.4.6(I) (3) and the Goals, Objectives and Policies of the Comprehensive Plan. Recommend to the City Commission approval of the rezoning request from Agriculture (A) to Multiple Family Residential-Medium Density - 8 du/ac (RM-8), based upon positive findings with respect to LDR Section 2.4.5(D) (5), LDR Section 3.1.1, LDR Section 3.2.2, LDR Section 4.4.6(I) (3) [that the proposed density is appropriate based upon the FLUM designations of the surrounding properties and prevailing development patterns] and the Goals, Objectives and Policies of the Comprehensive Plan. Steff Report Prepared by: Robert G. Teffi, Senior Planner Attachments: Location Map and Prolx~ed Zoning Map LIN TON BOULEVARD PRD R HIGHLAND GROVE ESTATES -- REZONING - FROM: A (AGRICULTURAL) TO: RM - 8 (MEDIUM DENSITY RESIDENTIAL, 8 UNITS PER ACRE) 3411 &3421 OLD GERMANTOWN ROAD J TO: THRU: FROM: SUBJECT: SCO'FI' PAPE, SENIOR PLAI~NER~~ MEETING OF JANUARY 6, 2004 PRIVATELY SPONSORED REZONING FROM POC (PLANNED OFFICE CENTER) TO RM-11 (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY WITH A DENSITY SUFFIX OF 11 DWELLING UNITS PER ACRE) FOR A 5.04 ACRE PARCEL LOCATED ON THE SOUTH SIDE OF WEST ATLANTIC AVENUE~ APPROXIMATELY 140' EAST OF WHATLEY ROAD. The subject property consists of Lots 1 and 2 of the Carlson/Black plat and contains 5.04 acres. The property is currently vacant. At its meeting of July 14, 1999, the Site Plan Review and Appearance Board approved a site plan for the subject property that included 76,314 square feet of medical and professional offices. The offices were never constructed and the subsequent site plan extensions are set to expire on January 14, 2004. The applicant proposes to rezone the subject property to RM-11 (11 units per acre) in order to develop a multiple family residential development. Additional background and analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of October 20, 2003, the Planning and Zoning Board held a public hearing in conjunction with the Rezoning request. There was one person from the public that spoke in support of the rezoning and two that expressed concerns. After reviewing the staff report and discussing the proposal the Board concluded that the proposed density request of 11 units per acre was too intense given the future land use map designations and prevailing development pattern of the surrounding area. The Board unanimously voted 4- 0 (Jill Woehlkens, Diane Borchardt and Joseph Pike absent) to recommend approval of a reduced density of RM-8, based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan. After this meeting the applicant's attorney appealed the administrative direction given to the Board by the Planning Director that the Board not consider a specific site plan as part of the rezoning request. This appeal was heard by the City Commission on November 4, 2003 and the appeal was denied. By motion, deny on first reading the ordinance for the proposed rezoning from POD (Professional and Office District) to RM-11 (Multiple Family Residential - Medium Density with a density suffix of 11 dwelling units per acre) based on a failure to make positive findings with respect to LDR Section 3.1.1 (Consistency), LDR Section 3.2.2 (Standards for Rezoning Actions), Goals, Objectives, and Policies of the Comprehensive Plan and LDR Section 4.4.16(H)(1) that the proposed density is no~t appropriate based on the Future Land Use Map designation and the prevailing development pattern of the surrounding area. Attachments: P & Z Staff Report of October 20, 2003 & Proposed Ordinance ORDINANCE NO. 7-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT TO RM-11 (MEDIUM DENSITY RESIDENTIAL-II DWELLING UNITS PER ACRE) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE SOUTH SIDE OF WEST ATLANTIC AVENUE, APPROXIMATELY 140 FEET EAST OF WHATLEY ROAD, AS MORE pARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2003"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delmy Beach, Florida, dated April, 2003, as being zoned POC (Planned Office Center) District; and WHEREAS, at its meeting of October 20, 2003, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 4 to 0, to recommend that the property hereinafter described be rezoned to RM-8 (Medium Density Residential -8 dwelling units per acre), based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of RM-11 (Medium Density Residential - 11 dwelling units per acre) District for the following described property: Lot 1 and Lot 2, Carlson/Black Plat, recorded in Plat Book 93, Pages 58 and 59 of the Public Records of Palm Beach County, Florida. Section 2. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 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 this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of ,200__. ATTEST M A Y O R City Clerk First Reading Second Reading 2 ORD NO. 7-04 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: October 20, 2003 IV. B. Rezoning From POC (Planned Office Center) To RM-11 (Multiple Family Residential-Medium Density With a Density Suffix of 11 Units Per Acre) For a 5.04 Acre Parcel of Land to be Known as Atlantic Palms (Quasi-Judicial Hearing). GENERAL DATA: Owner/Applicant ......................... B.C. Properties & Investments, L.L.C. AgenL ......................................... Weiner & Aronson, P.A. Location ...................................... Located on the south side of West Atlantic Avenue, approximately 130 feet east of Whatley Road. Property Size .............................. 5.04 Acres Future Land Use Map ................ TRN (Transitional) Current Zoning ............................ POC (Planned Office Center) Proposed Zoning ........................ RM-11 (Multiple Family Residential - Medium Density, 11 units / acre.) Adjacent Zoning ................ North: POC (Planned Office Center) East: POC (Plar!ned Office Center) & A (Agriculture) South: PRD (Planned Residential) West: GC (General Commercial) & Unincorporated Palm Beach County Enclave (Country Club Acres Subdivision). Existing Land Use ...................... Vacant Proposed Land Use ....................Rezoning from POC (Planned Office Center) to RM-11 (Multiple Family Residential- Medium Density, 11 units / acre) for a 5.04 acre parcel of land. Water Service ............................. Existing on site. Sewer Service ............................. Existing on site. W. ATLA AVE. IV. B. The item before the Board is that of making a recommendation to the City Commission on a privately sponsored rezoning from POC (Planned Office Center) to RM-11 (Multiple Family Residential - Medium Density with a density suffix of 11 units per acre) for Atlantic Palms, pursuant to LDR Section 2.4.5(D). Pursuant to Section 2.2.2(E)(6), the Local Planning Agency shall review and make a recommendation to the City Commission with respect to the rezoning of any property within the City. The subject property consists of Lots 1 and 2 of the Carlson/Black plat and contains 5.04 acres. The property is located on the south side of West Atlantic Avenue, approximately 140' east of Whatley Road. On December 12, 1989, the subject property was annexed into the City and assigned the POC (Planned Office Center) zoning designation. At its meeting of July 14, 1999, the Site Plan Review and Appearance Board approved a site plan for the subject property that consisted of 76,314 square feet of medical and professional office. The offices were never constructed and the site plan extension is set to expire on January 14, 2004. The applicant has submitted a zoning district map change, which is now before the Board for action. The proposal is to change the zoning designation of the property from POC (Planned Office Center) to RM-11 (Multiple Family Residential - Medium Density with a density suffix of 11 units per acre). The applicant has indicated that proposed rezoning is requested in anticipation of future development of the property as a multiple family residential project. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development P & Z Board Staff Repod Rezoning from POC to RM-11 for Atlantic Palms Page 2 application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. FUTURE LAND USE MAP: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a TRN (Transitional) Future Land Use Map designation and is currently zoned POC (Planned Office Center). The proposed RM-11 (Multiple Family Residential - Medium Density) designation is consistent with the TRN Future Land Use Map designation. Pursuant to the LDR Section 4.4.6~B)(3), multiple family structures with a base density of 6 units and a maximum density of 12 units per acre subject to performance standards are allowed as a permitted use in the RM zoning district. The density for a specific RM development may be further limited by a numerical suffix affixed to the designation and shown on the zoning map (i.e. RM-8 limits the density to eight units per acre). The provision of the suffix of 11 does not imply that 11 units per acre will be approved on this site. Any approval over 6 units per acre will require compliance with Performance Standards. The 11 unit per acre suffix will, however, represent the upper density cap. Based upon the above, a positive finding can be made with respect to consistency with the land use map designation. Concurrency: Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements in order to maintain the Levels of Service Standards established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach. Water & Sewer: Water service is available via service lateral connection to the existing 8" water main along West Atlantic Avenue. Adequacy of fire suppression will be evaluated during the site plan review process. Sewer service is available via service lateral connection to the existing 8" main along West Atlantic Avenue. 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. ? P & Z Board Staff Report Rezoning from POC to RM-11 for Atlantic Palms Page 3 Draina.qe: With a rezoning request drainage plans are not required. The storm water retention will be reviewed during the site plan application process. There are no problems anticipated with retaining drainage on site and obtaining a South Florida Water Management District permit. Traffic: The applicant has submitted a trip generation comparison based on the approved medical/professional offices and 54 townhomes. This analysis indicates that the proposed rezoning and development of townhomes at 11 dwelling units per acre will result in a reduction of 96 am peak hour tdps and 98 pm peak hour trips and a reduction of 855 average daily trips. Parks and Recreation: The applicant will be responsible for the City's Parks and Recreation requirements dudng the site plan review process. Based on the 11 units per acre, the subject property has a development potential of 55 dwelling units (5.01 acres x 11 du/ac = 55 units) under the proposed RM-11 zoning designation. Consequently, the applicant would be required to pay a recreational impact fee of $27,500 (55 x $500 = $27,500) for City parks and recreation if the property were developed to its maximum potential. Solid Waste: The development of the property under the RM-11 zone district should not create an adverse impact on this level of service standard. The approved master plan for the subject property containing 76,314 square feet of office area would have generated 206 tons of waste per year. The 55 unit multiple family development would generate 28.6 tons per year, a net reduction of 177.4 tons per year. School Concurrency: The consideration for school concurrency needs to be addressed during the rezoning application. The applicant has not submitted the required forms for consideration by the Palm Beach County School Board. Therefore, a condition of approval is attached that the applicant provide a positive finding from the School Board prior to approval by the City Commission. Consistency: A finding of overall consistency may be made even though the action will be in conflict with some individual performance standards contained within Article 3.2, provided that the approving body specifically finds that the beneficial aspects of the proposed project (hence compliance with some standards) outweighs the negative impacts of identified points of conflict. P & Z Board Staff Report Rezoning from POC to RM-11 for Atlantic Palms Page 4 COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted: Future Land Use Element Obiective A-I - Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs. The intensity of a residential development would generally be less than a commercial development under the current zoning requirements. Housing Element Policy A-3.2 - The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to these neighborhoods and affixed to the zoning map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. This policy relates to areas which are designated stable residential on the Residential Neighborhood Categorization Map (including this site). There is a concem with respect to the compatibility of the rezoning request with the existing development patterns. The following table identifies the neighboring residential developments and their respective densities: Development Type Density County Club Acres Single Family 3.5 du/ac Highland Trailer Park Mobile Home 10.5 du/ac Sunset Pines Condominium 8.53du/ac Legacy at Sherwood Forest ~ Multiple Family 7.93 du/ac Sherwood Forest Single Family 4.45 du/ac The table indicates that the surrounding single family development are less than 4.5 dwelling units per acre. The two multiple family developments have a density less than 8.53 dwelling units per acre. Based on this development pattern, the 11 multiple family dwelling units per acre zoning proposed by the applicant is in appropriate. The Legacy at Sherwood Forest development is the most recently approved multiple family project which has a density of less than 8 dwelling units per acre. Therefore, a rezoning of the subject property with a maximum density cap of 8 (gM-8) would be more consistent with Housing Element Policy A-3.2 as it would be more consistent with the development pattem in the area. Future Land Use Element Policy A-1.5 - As the City has an ample supply of housing designed to accommodate its seasonal and retirement population, P & Z Board Staff Report Rezoning from POC to RM-11 for Atlantic Palms Page 5 new residential developments shall be designed for a balanced demographic mix of permanent year-round residents. This shall be accomplished through the implementation of policies from Objective B-2 of the housing element. 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 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential developments located in the downtown area, and for inflll projects having fewer than 25 units. The implementation of these two policies will be addressed during the site plan review process. Section 3.2.2 (Standards for Rezonin.q Actions): Standards B, C and E are not applicable. The applicable performance standards of Section 3.2.2 are as follows: (A) The most restrictive residential zoning district that is applicable given existing patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. The subject property is proposed to be rezoned from POC to RM-11. The surrounding area is designated as stable or stabilization neighborhoods. Therefore, based on the analysis previously mentioned under Housing Element Policy A-3.2, the RM-8 classification is more appropriate given the existing residential pattern. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The rezoning of the subject property to RM-8 would result in a designation that is compatible with the existing residential developments in the area. However, the rezoning of the property with a greater density as requested by the applicant would result in an incompatibility with the existing residential development pattem of the area. P & Z Board Staff Report Rezoning from POC to RM-11 for Atlantic Palms Page 6 The following zoning designations and uses border the property: Direction Zoninq Uses North South East West POC Vacant PRD Sherwood Forrest PC & Ag. Bank and Nursery GC & Palm Beach County Retail & Single Family As noted previously, the proposed RM~I 1 would result in a development potential that is more intense than the neighboring single family and multiple family developments. The rezoning of the property to RM-8 would be the maximum density cap to retain consistency with the development pattern. This would also provide an appropriate transition of density between commercial uses and the adjacent single family neighborhoods. Section 2.4.5(D)(5) (Rezonin_cl Findings}: Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: That the zoning had previouSly been changed, or was originally established, in error; bm That there has been a change in circumstances which make the current zoning inappropriate; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted a justification statement for the proposed rezoning. The full narrative is provided as Exhibit 'A." The following are excerpts from that narrative: "Pursuant to Section 2.4.5(D)(2), the valid reasons for approving the rezoning are that there has been a change in circumstance which makes the current zoning inappropriate and that the requested zoning is of similar intensity as allowed under the Future Land Use Map which is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The area has seen a shift to residential zoning as evidenced by the Legacy at Sherwood Forest to the east of the property and the rezoning to P & Z Board Staff Report Rezoning from POC to RM-11 for Atlantic Palms Page 7 the west for Coconut Key to a zoning designation of RM-8. The property is bordered to the west by Country Club Acres which is a future annexation area consisting of single family homes. ...The RM designation is more appropriate than the POC designation in this area. This is evidenced by the fact that although our client obtained site plan approval for an office building, our client was unable to market the office use to the commercial community. The change in circumstances of the neighborhood makes the current zoning inappropriate. The rezoning to RM-11 is also supported by the following Policies and Objectives of the Comprehensive Plan of the City of Delray Beach: Future Land Use Element: Policy A-2.3: Development of remaining vacant properties shall occur in a manner, which is consistent with and complementary to adjacent development regardless of zoning designations. The property is surrounded by similar residential density subdivisions and thus would be consistent with and complimentary to adjacent developments. Objective A-l: Vacant property shall be developed in a manner so that the future use and intensity is apprepdate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs. The development of the property will be complementary to adjacent land uses as discussed in the above policy. The product type will be affordable and fulfills a remaining land use need.' Comment: The basis for which the rezoning is being sought most closely relates to Items "b" and "c". There has been a change in cimumstances which makes the current zoning inappropriate. It appears that the demand for new office space in Delray Beach has diminished, while the demand for residential has increased. While the stock of land zoned for office use will be reduced, there should be sufficient opportunities available elsewhere in the City particularly in-fill developments within existing commercial areas such as Congress Park. As noted previously RM-11 zoning designation proposed by the applicant would be more intense than the surrounding residential neighborhoods. Therefore, staff is recommending approval of the zoning change to RM-8. This would assure that future developers of the property are aware that development of between 6 and 8 units per acre would be the density considered consistent with the prevailing P & Z Board Staff Report Rezoning from POC to RM-11 for Atlantic Palms Page 8 residential development pattern and would be more appropriate given applicable Comprehensive Plan Policies. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the development proposal. This is an application for rezoning and therefore a development proposal is not being considered at this time. Therefore, there is no analysis with respect to the City's Land Development Regulations. The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency, DDA (Downtown Development Authority) and HPB (Historic Preservation Board). Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: El PROD El Sherwood Forest HOA r~ Hamlet HOA El Sunset Pines El Hanover Square r~ Windy Creek [] Highland Park [-I Greensward Village [] High Point 5 [] High Point 6 El High Point 7 [3 Beach Properties Assoc. El Via Marina HOA El Manor House El President's Council Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. The rezoning from POC (Planned Office Center) to RM-11 (Multiple Family Residential - Medium Density with a density suffix of 11 dwelling units per acre) is not consistent with the Comprehensive Plan policy, Housing Element Policy A- 3.2 nor LDR Section 3.2.2 (A) & (D) and LDR Section 2.4.5(D)(5). Therefore, positive findings cannot be made with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings), LDR Section 3.2.2 (A) & (D), nor the Comprehensive Plan P & Z Board Staff Report' Rezoning from POC to RM-11 for Atlantic Palms Page 9 policies as proposed. The rezoning of the property to multiple family residential is not inherently at odds with the development pattem of the neighborhood. Such a rezoning would provide a transition between more intense uses such as adjacent commercial and West Atlantic Avenue and the single family neighborhoods to the south and west. However, the development pattem of this area (approximately 8 du/ac or less) does not provide the required justification for allowing the proposed 11 dwelling units per acre. Co Do Continue with direction. Recommend approval of the rezoning request from POC to RM-8 for Atlantic Palms, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Recommend approval of the rezoning request from POC to RM-11 for Atlantic Palms, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Recommend denial of the rezoning request from POC to RM-11 for Atlantic Palms, based upon a failure to make positive findings with respect to LDR Section 2.4.5(D)(5), that the rezoning does not fulfill one of the reasons for which a rezoning should be sought. By motion: Recommend to the City Commission approval of the rezoning from POC to RM-8 for Atlantic Palms, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5), subject to submittal of a positive finding of concurrency from the Palm Beach County School Board prior to approval by the City Commission. Attachments: El Exhibit "A" - Project Narrative Q Location/Zoning Map ~ Boundary Survey Prepared by: Scott Pape, Senior Planner EXHIBIT A Pursuant to Section 2.4.5(D)(2), the valid reasons for approving the rezoning are that there has been a change in circumstance which makes the current zoning inappropriate and that the requested zoning is of similar intensity as allowed under the Future Land Use Map which is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The area has seen a shift to residential zoning as evidenced by the Legacy at Sherwood Forest to the east of the property and the rezoning to the west for Coconut Key to a zoning designation of RM-8. The property is bordered to the west by Country Club Acres which is a future annexation area consisting of single family homes. The requested zoning of RM-11 does not require a Future Land Use Amendment as RM is a corresponding zoning designation with the transitional land use designation as provided in Table L-7 of the City of Delray Beach Land Development Regulations. The RM designation is more appropriate than the POC designation in this area. This is evidenced by the fact that although our client obtained site plan approval for an office building, our client was unable to market the office use to the commercial community. The change in circumstances of the neighborhood makes the current zoning inappropriate. Pursuant to LDR Section 4.4.6 (A), the RM District provides a residential zoning district with flexible densities having a base of six (6) units per acre and a maximum of twelve (12) units per acre. We are requesting a rezoning to RM-11. The actual density of a particular RM development is based upon its ability to achieve certain performance standards which are intended to mitigate the impacts of the increased density and ensure that the project is compatible with surrounding land uses. In support of this request, we are submitting copies of the site plan and other items which are customarily provided along with the site plan application to show you the supedor product that our client intends to develop on this property. The project meets and exceeds the Performance Standards dictated by LDR Section 4.4.6(I). The development substantially complies with the performance standards listed in this section and mitigates the impacts of the additional density both internal and external to the site. The performance standards and a discussion of how they are met are as follows: (a) The traffic circulation system is designed to control speed and reduce volumes on the interior and exterior street network. This can be accomplished through the use of traffic calming devices; street networks consisting of loops and short segments; multiple entrances and exits into the development; and similar measures that are intended to minimize through traffic and keep speeds within the development at or below 20 m.p.h. The traffic circulation system is designed to control speed by the use of traffic calmed paver areas located at the entrance, community pool and tot lot. The road width is 20', a width designed to encourage safer slower speeds through out the development. The relative short segments of straight runs will reinforce safe Iow speeds. (b) Buildings am placed throughout the development in a mannerthat reduces the overall massing, and provides a feeling of open space. Providing a generous amount of space between each building reduces the overall massing of the buildings. (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 building setbacks along single-family zoning have been increased by more than 25% of the minimum required by providing a 25'-2" setback where the minimum required is 15'-0". Landscape along this increased set back will exceed the required height at time of planting. The landscape buffer will exceed the minimum code requirement. (d) The development offers a vaded streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi-family buildings, the planes of the facades are offset to add interest and distinguish individual units). Building elevations incorporate diversity in window and door shapes and locations; features such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. The development offers a varied streetscape and building design by: 2. 3. 4. 5. 6. 7. Staggering setbacks between units; Varying roof heights; Alternating the use of hip, gable and shed roofs; Alternating the use of single and double garage doors; Alternating the use of decorative wood shutters; Alternating the use of balconies; Alternating the use decorative arches, stucco base and stucco sills; and Alternating the use ofoutlookers and decorative wood brackets. (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. Exhibit "B" - Page 2 Three different unit types, sizes and floor plans are available within the development. The units are available with two, three and four bedrooms. The two bedroom units offer a single car garage. The three bedroom units are end units, which offer a two-car garage. The four-bedroom unit also includes a two- car garage and it is a 3-story unit with a loft area upstairs. In addition, an optional 5~h bedroom will be offered in the 3-story unit. The variety of unit size and floor plans will encourage households of various ages and sizes. (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. There are not any existing natural areas within the site. However, a new 77'X131' natural preserve area is provided at the south west comer of this project. The 131' length of the preserve is adjacent to the single family zoned district to the west, and the Sherwood Forest subdivision to the South. Additional natural landscape will be provided in the open spaces through out the development. (g) The project provides a convenient and extensive bicycle/pedestrian network, and access to available transit. The project includes a complete network of pedestrian sidewalks along the street in front of each building. The sidewalks continue to Atlantic Avenue on both sides of the development entrance. The sidewalk leads to the recreation areas within the development, which include a pool, a tot lot, and a beach volleyball court. The rezoning to RM-11 is also supported by the following Policies and Objectives of the Comprehensive Plan of the City of Delray Beach: Future Land Use Element: Policy A-2.3: Development of remaining vacant properties shall occur in a manner, which is consistent with and complementary to adjacent development regardless of zoning designations. The property is surrounded by similar residential density subdivisions and thus would be consistent with and complimentary to adjacent developments. Objective A-1: Vacant property shall be developed in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs. Exhibit "B" ~ Page 3 The development of the property will be complementary to adjacent land uses as discussed in the above policy. The product type will be affordable and fulfills a remaining land use need. Housing Element: Objective B-2: Redevelopment and the development of newland shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. Policies that will implement this objective include: Policy B-2.2 - The development of new adult odented 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 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. Policy B-2.3 - New housing developments shall incluae a range of housing types that offer vadety in size, color, and style. The project is not geared as an adult oriented community. The housing development is designed to accommodate families with children. This is accomplished by providing a townhouse product with a garage, large room sizes and several floor plans that could appeal to different age groups and household sizes. Exhibit "B" - Page 4 A OS ORI PC OSR OSR ATLANTIC PALMS - REZONING - FROM: POC (PLANNED OFFICE CENTER) TO: RM- 11 (MULTIPLE FAMILY RESIDENTIAL, MEDIUM DENSITY- 11 UNITS/ACRE) ADDRESS: N/A S ATLANTIC PALMS - REZONING - FROM: POC (PLANNED OFFICE CENTER) TO~: RM-11 (MULTIPLE FAMILY RESIDENTIAL, MEDIUM DENSITY- I f UNITS / ACRE) ADDRESS: N/A (TRANsrr~N~L) S - o2 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ ~ - REGULAR MEETING OF JANUARY 6. 2004 ORDINANCE NO. 6-04 (EMERGENCY MEDICAL TRANSPORTATION FEES) JANUARY 2, 2004 This ordinance is before Commission to amend Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the City Code to adjust the fee schedule for emergency medical transportation in accordance with the National American Fee Schedule. The following sen4ce changes or fees are levied for the provision of emergency transportation: Advanced Life Support (ALS-l) Transport fee $~7~.00 $390.00 (2) Advanced Life Support (ALS-2) $~.75.00 $495.00 Transport fee 0) Skilled Care Transport fee $595.00 (4) Basic Life Support (BLS) Transportation fee $~25.00 $370.00 (5) Mileage fee $7.50/=~c $7.65/mile All of the city emergency transport vehicles are Advanced Life Support units; therefore the Basic Life Support Transportation fee was never used. This ordinance shall become effective as of February 1, 2004. Recommend approval of Ordinance No. 6-04 on first reading. If passed, a public hearing will be scheduled for February 3, 2004. S:\City Clerk\agenda memo~\Otd 644 014~04 ORDINANCE NO. 6-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 96.66, "EMERGENCY MEDICAL TRANSPORTATION FEES", SUBSECTION 96.66(A), TO ADJUST THE FEE SCHEDULE FOR EMERGENCY MEDICAL TRANSPORTATION IN ACCORDANCE WITH THE NATIONAL AMERICAN FEE SCHEDULE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, on January 17, 1995, the City Commission adopted Ordinance No. 5- 95, which enacted a new Section 96.66 of the City Code to provide for emergency medical transportation fees; and WHEREAS, in accordance with the implementation of the National Ambulance Fee Schedule a new fee schedule is hereby established; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title IX, "General Regulations", Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", Subsection 96.66(A), of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (A) The following service charges or fees are levied for the provision of emergency medical transportation: (1) Advanced Life Support (ALS-l) Transport fee e:t-~e nn $390.00 (2) Advanced life Support (ALS-2) s-,,--.-,--,e'~'~u nn $495.00 Transport fee (3) Skilled Care Transport fee $595.00 (4) Basic life Support (BLS) Transportation fee e=~= ~ $370.00 (5) e' =~/-:'- $7 65/ Mileage fee ~ ...., ..... mile Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective as of February 1, 2004. the PASSED AND ADOPTED in regular session on second and final reading on this __ day of ,2004. ATTEST: MAYOR City Clerk First Reading Second Reading -2- ORD. NO. 6-04 rlTY OF nELRRY BERrH FIRE DEPARTMENT DELRAY BEACH SERVING DELRAY BEACH " GULFSTREAM · HIGHLAND BEACH MEMORANDUM 1993 TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Kemy B. Koen, Fir~ Chief December 9, 2003 E.M.S. Transport Fees Emergency medical service transport fees covered by re-imbursement through Medicare are being "standardized" on a National basis. Total implementation of a National Ambulance Service Fee Schedule should be completed in 2006. Accordingly, we are recommending fee adjustments that are consistent with the Medicare "presumed" fee schedule and it is important that we keep our fees updated as we progress toward 2006. The attached recommended adjustments reflect the overall area average. We request that this item be placed on the 1st meeting in January agenda with an effective date of February 1, 2004, if approved by the City Commission. ocn Fire Chief FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE ' DELRAY BEACH, FLORIDA 33444 (561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461 Printed on Recycled Paper Skilled BLS ALS -1 Emerg. ALS - L2 Care Trans. Mileage AO429 A0427 A0433 A0434 Boynton Beach e.~.n nn ~'~n: nn ~.~.~: nn ~::o: n~ e: :n $325.00 $400.00 $500.00 $600.00 $8.00 Boca Raton e~ nn ,~a,~= nn ~n nn ~n nn ¢? ~ $465.00 $465.00 $600.00 $625.00 $8.50 Palm Beach Co. $300.00 $340.00 $450.00 NA $7.50 Deerfield Beach $400.00 $400.00 $480,00 NA $7.0C West Palm Beach $340.00 $340.00 $480.00 $580.00 $7.25 AVERAGE $366.00 $389.00 $502.00 $601.67 $7.65 Current Fees IDelra¥ Beach $325.00 $375.00 $475.00 $520.00 $7.50I RECOMMENDATED FEES Delra¥ Beach $370.00 $390.00 $495.00 $595.00 $7.651 Change $45.00 $15.00 $20.00 $75.00 $0.15 Percentage change 13.85% 4.00% 4.21% 14.42% 2.00% Date: 12/09/2003 AGENDA ITEM NUMBER: AGENDA REOUEST Request to be placed on: __ Consent Agenda __X Regular Agenda __ Workshop Agenda When: I/6/2004 Description of agenda item (who, what, where, how much): Recommend approval of the attached rate adjustments for the Fire Department's Emergency Medical Services Transport Fees effective February 1, 2004. Special Agenda Depati~ent Head ~/,~.~ sig a e: City Attorney Review/Recommendation (if app~cable): Red--ed/Acceptable Buret Dkector R~ (req~red on a~ items ~vo~ expert&rare of ~ds): F~g Av~able: Yes / No I~s: Accost Nmb~ Desmpfion Accost B~nce: F~g Alternatives: Ci~ M~ager R~ew: Approved for Agenda: ~/ No I&~s: Hold Un~: ~en~ Coor~amt R~: Rec~ved: Ofapphcable) TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGE~// ~ _~ ,,~ MEETING OF JANUARY 6, 2004 AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS LAND DEVELOPMENT REGULATIONS REGARDING "RESIDENTIAL AND NON- RESIDENTIAL LICENSED SERVICE PROVIDER. In 2002, the Florida Legislature amended Chapter 397, Florida Statutes, regarding the regulation of Substance Abuse Treatment Facilities, which became effective July 1, 2002. Thus, the City's Land Development Regulations regarding treatment facilities must be amended to conform to the State's requirements under Chapter 397, Florida Statutes. At its meeting of July 15, 2002, the Planning and Zoning Board recommended to the City Commission approval of an LDR amendment concerning Residential and Non-Residential Alcohol and Drug Abuse Treatment Facilities. On August 20, 2002, the City Commission tabled the ordinance at second reading due to concerns raised by the recovery community that the ordinance was too broad and imposed regulations in addition to those imposed by State Statutes. The current LDR amendment has been narrowed in scope. The proposed ordinance repeals the definitions for "Residential and Non-residential Alcohol and Drug Abuse Treatment Facility" and enacts new definitions for "Residential and Non-Residential Licensed Service Provider", changes the reference from "alcohol and drug abuse treatment facilities" to "Licensed Service Provider Facilities" to be consistent with the terminology of such facilities in State Statutes. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. As noted previously, this amendment is being initiated more for "housekeeping" purposes than to fulfill any specific Comp Plan policy. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. The Planning and Zoning Board held a public hearing regarding this item at its meeting of December 15, 2003. There was a member of the public that had no objections to the amendment, but recommended some grammatical changes to the ordinance. After discussing the amendment, the Board voted 5-0 (Krall and Pike absent) to recommend to the City Commission approval of the proposed amendment to the Land Development Regulations regarding "Residential and Non-residential Licensed Service Provider", based upon positive findings with LDR Section 2.4.5(M). By motion, approve on first reading the ordinance amending the Land Development Regulations regarding "Residential and Non-residential Licensed Service Provider", based upon positive findings with LDR Section 2.4.5(M), and set a public hearing date of February 3, 2004. Attachment: Proposed Ordinance City Commission Documentation Meeting of January 6, 2004 LDR Text Amendment - Residential and Non-residential Service Providers Page 2 ORDINANCE NO. 4-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH AS FOLLOWS: AMENDING APPENDIX "A", "DEFINITIONS", BY REPEALING THE DEFINITIONS OF "RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITY" AND "NON RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITY" AND ENACTING THE DEFINITIONS OF "RESIDENTIAL LICENSED SERVICE PROVIDER FACILITY" AND NON-RESIDENTIAL LICENSED SERVICE PROVIDER FACILITY" TO CONFORM TO CHANGES IN FLORIDA STATUTES; AMENDING SECTIONS 4.3.3(D), 4.4.6, 4.4.9, 4.4.13, 4.4.16, 4.4.17, 4.4.21, 4.4.24 AND 4.6.9 TO REFLECT THE CHANGE IN TERMINOLOGY FROM "RESIDENTIAL AND NON-RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITY" TO "RESIDENTIAL AND NON- RESIDENTIAL LICENSED SERVICE PROVIDER FACILITY"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission has determined that the legislature has amended Chapter 397, Florida Statutes, regarding the regulation of residential and non-residential alcohol and drag abuse treatment facilities; and WHEREAS, the City Commission has determined that the City's Land Development Regulations regarding residential and non-residential alcohol and drag abuse treatment facilities require amendment to conform with the state's terminology of such facilities under Chapter 397, Florida Statutes. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Appendix "A", "Definitions" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: "Residential A!cehe! and Dr. ag P~'-'ce Trca~.'gn..~-..t Fa*ility" Licensed Service Provider Facility" Any facility which is or will be licensed by the State of Florida pursuant to Chapter 397, Florida Statutes, as may be amended fi-om time to time as a residential program. "Non-residentia! ^~u~ n-.~ r~._ ^~. .... .v ...... ~;u~,,, Licensed Service Provider Facility" Any facility which is or will be licensed by the State of Florida pursuant to Chapter 397, Florida Statutes, as may be amended fi-om time to time, as a program other than a residential program. Section 2. That Article 4.3, "District Regulations; General Provisions", Section 4.3.3, "Special Requirements for Special Uses", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: (D) Residential and Non-residential A!ccu. c! & L¥.:g Ah'.:'zc F:c:J~fic:. Licensed Service Provider Facilities. Unless otherwise specified, the following provisions apply to Residential A!cckc! and Ek'.xg A~x:: Trea-*:...ent F.~gilifioc Licensed Service Provider Facilities. Non-residential Licensed Service Provider Facilities Alcchc! and L~.cg..~uze .re-~.-em. a.ei.i2~c are considered medical offices for the purposes of zoning classification and regulation. City Commission Documentation Meeting of January 6, 2004 LDR Text Amendment - Residential and Non-residential Service Providem Page 3 Residential Licensed Service Provider Facility" shall mean a service provider or facility that provides a structured live-in environment within a non hospital setting on a 24-hours-a-day, 7-days-a-week basis, and which includes: (a) Facilities that provide room and board and treatment and rehabilitation within the primary residential facility; and Co) Facilities that are used for room and board only and in which treatment and rehabilitation activities are provided on a mandatory basis at locations other than the primary residential facility. In this case, facilities used for room and board and for treatment and rehabilitation are operated under the auspices of the same provider, and licensing and regulatory requirements would apply to both the residential facility and all other facilities in which treatment and rehabilitation activities occur. (4-)~ Floor Area: (a) Rooms: Minimum floor area for bedrooms and the minimum number of bathrooms shall be governed by the Standard Housing Code. Co) Common Area: At least 10% of the total floor area shall be devoted to a common area, exclusive of halls, corridors, stairs, and elevator shafts, wherein a variety of recreational and therapeutic activities may occur. Facilities and Requirements: (a) Individual rooms or suites shall, in no case, have kitchen facilities or other such facilities available for the preparation of food. Nothing in this subsection shall relieve any residential or non-residential .................. ~ hc~sed semce pmhder hcili~ ~om compli~ce wi~ ~apters 397 of the Florida S~tes or any Palm Beach Co~W R~es ~d Relictions ~ining to alcohol or ~g able ~ea~ent hcilifies. Appearance: Residential A!:c~c! "-'~ ~g "~ .... ,-..*....-, v.~m, ..... ~.;~h ..~ !ezate~ in rez~znSa! ~i:~:*~ Licensed Service Provider Facilities shall have building elevations which are residential in character and similar in appearance to the surrounding neighborhood. They shall not be institutional in appearance. Licenses and Inspections: (a) Fire Inspections: Issuance of an occupational license shall be preceded by an annual safety inspection; issuance of an occupational license shall be contingent upon compliance with the recommendations of the City Fire Marshal and the Chief Building Official. CO) State License: Applicants for a City occupational license shall submit a copy of the entire State application form as submitted to the State, to thc Occupational License Administrator at the time of application for an occupational license. Proof of licensure by the State shall be submitted to the City within three months of issuance of the City occupational license. City Commission Documentation Meeting of January 6, 2004 LDR Text Amendment - Residential and Non-residential Service Providers Page 4 (c) Annual License: Occupational licenses must be renewed annually, and be only received upon provision of proof that the facility continues to be licensed by the State and upon passing of City inspections. Location Restrictions and Special Regulations: (a) A residential ~^~ ~-~ ~ .... ~ .... ~-~-, ~;u.. licensed service provider faciliW -~-*;~ ~^~ ~-~ ~ .... ~ .......... · ~a;~. shall not be l~ated ~ 1,200 feet of ~other res~d~al ........ ar ~ .... ~ -~-~.~"~ ~ea~cnt faeiliW licensed s~ce pro~d~ hciliw. · . ~l_~U~ a ....~. .... ,..~,..~-, ~'~;u.. licensed Neither a res~dentml ........ service provider facility nor a non-residential a!cc.Lc! and ~mg ~e.a..~nc?. faeflL~' licensed service provider facility shall be located within 1,200 feet of any public or private elementary, middle or secondary school. Section 3. That Article 4.4, "Base Zoning District", Section 4.4.6, "Medium Density Residential (RM) District", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach is hereby amended as follows: Section 4.4.6 Medium Density Residential (RM) District: (D) Conditional Uses and Structures Allowed: The following are allowed as conditional uses within the RM District. (2) Residential ^~u~ ~_.~ r~.~ ^~. .... a-_~,....~_, =~;m;.. Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D). Section 4. That Article 4.4, "Base Zoning District", Section 4.4.9, "General Commercial (GC) District", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended as follows: Section 4.4.9 General Commercial (GC) District: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the GC District, except as modified in the West Atlantic Avenue Overlay District by Section 4.4.9(G)(1)(a) and the North Federal Highway Overlay District by Section 4.4.9(G)(2). (1) Residential AI~I~,~,I *~.4 1~,~ AI~ .... ~i~.~-~+ ~1:~ Licensed Service Providers subject to restrictions set forth in Section 4.3.3(D). Section 5. That Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business (CBD) District", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach is hereby amended as follows: Section 4.4.13 Central Business (CBD) District: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CBD District. (2) Residential A!:ehe! and Drcb Ab'.:':e Trea..~:n.~.t Faeilific: Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D). City Commission Documentation Meeting of January 6, 2004 LDR Text Amendment - Residential and Non-residential Service Providers Page 5 Section 6. That Article 4.4, "Base Zoning District", Section 4.4.16, "Professional and Office (POD) District", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach is hereby amended as follows: Section 4.4.16 Professional and Office (POD) District: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the POD District: (2) Residential A!ceh:! an~ Drag Ab'.:':e TreaL~.~t Fa::2ifioc Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(I)). Section 7. That Article 4.4, "Base Zoning District", Section 4.4.17, "Residential Office (RO) District", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended as follows: Section 4.4.17 Residential Office 010) District: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RO District: (2) Residential Alee.tel and L~..:'g Ab"~e TreaLznent Fa:ilile: Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D). Section 8. That Article 4.4, "Base Zoning District", Section 4.4.21, "Community Facilities (CF) District", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended as follows: Section 4.4.21 Community Facilities (CF) District: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CF District: (1) Health Care, such as: adult congregate living; continu'mg care; homes for the aged; nursing homes; residential algg~e! an~ ~-.:'b abxze ~ea-'z.~t fac~l~e: Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D); hospitals, with or without helipads and associated laboratories, treatment centers, rehabilitation centers, and testing facilities; and mental health treatment facilities including residential care. Section 9. That Article 4.4, "Base Zoning District", Section 4.4.24, "Old School Square Historic Arts District (OS SHAD)", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended as follows: Section 4.4.24 Old School Square Historic Arts District (OSSHAD) (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the OSSHAD: (4) Adult congregate living facilities, Residential -- ' Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D), Child Care, Adult Day Care, Continuing Care, Convalescent Homes, and Nursing Homes. Section 10. That Article 4.6, "Supplemental District Regulations", Section 4.6.9, "Off-Street Parking Regulations" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended as follows: City Commission Documentation Meeting of January 6, 2004 LDR Text Amendment - Residential and Non-residential Service Providers Page 6 Section 4.6.9 Off-Street Parking Requirements: (C) Number of Parking Spaces Required: The number of parking spaces required for new buildings, new uses, additions, enlargements, or changes shall be determined by thc following standards for uses and categories of usc and types of parking spaces. (7) Other Uses: (a) Abused Spouse Residence: One space per sleeping room plus one space for each shil~ employee. (b) A.CLF.'S, Residential a~A~.~.~ ._.~ r~ .... .~. .... Tre.atmcat Faeffific: Licensed Service Provider Facilities, and Nursing Homes: Shall provide one space for each four beds. Section 11. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part hereof other than the part declared invalid. Section 12. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 13. That this ordinance shall become effective upon its passage on second and final reading. of PASSED AND ADOPTED in regular session on second and fmal reading on this the ,2003. day ATTEST: MAYOR City Clerk First Reading Second Reading