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11-06-07 Agenda Reg
City of Delray Beach Regular Commission Meeting RULE$ FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings TuesdaX, November 6, 2007 and the right to limit discussion rests with the Commission. GeneraIIy, remarks by an individual will be limited to three minutes or less. The Mayor or Regular Meeting 6:00 p.m. presiding officer has discretion to adjust the amount of time allocated. Public Hearings 7:00 p.m. Commission Chambers A. Public Hearings: Any citizen is entitled to speak on items under this Delray Beach City Hall section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 NW 1st Avenue Delray Beach, Florida 33444 The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, Phone: (561) 243-7000 program, or activity conducted by the City. Contact Doug Smith at 243-7010, Fax• (561) 243-3774 24 hours prior to the event in order for the Ciry to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. APPROVAL OF MINUTES: • October 16, 2007 -Regular Meeting PROCLAMATIONS: A. NONE PRESENTATIONS: A. Carolyn Gholston -Multi-Cultural Festival B. Special Recognition Award - Arianna Harrington of Atlantic High School -Winner of the 2007 Sister Cities International Showcase of Young Artists C. Roy F. Kenzie Award - Diana Colonna, Executive Director of Community Redevelopment Agency D. MuniAgenda Presentation - Chevelle D. Nubin, City Clerk 8. CONSENT AGENDA: City Manager Recommends Approval. A. ACCEPTANCE OF A RIGHT-OF-WAYDEED/SIDEWALK EASEMENT AND SIDEWALK DEFERRAL REQUEST/1119 NASSAU STREET: Approve and accept aright-of--way deed fora 5'6" right-of--way dedication along Nassau Street, and accept a 5' sidewalk easement and a sidewalk deferral request for 1119 Nassau Street. B. CONTRACT ADDITION ~C O NO ~)/BLOCK 64 ALLEY IMPROVEMENT PROTECT/CHAZ EQUIPMENT COMPANY, INC.: Approve a Contract Addition (C.O. No. 6) in the amount of $49,952.50 to Chaz Equipment Company to add Barwick Road sidewalks to the Block 64 Alley Improvement Project. Funding is available from 334-3162-541-68.02 (General Construction Fund/Other Improvements/Barwick Road Sidewalks). C. ('RANGE ORDER NO 1/OLD SCHOOL SQUARE PARKING GARAGE/CATALFUMO CONSTRUCTION., LTD• Approve Change Order No. 1 to Catalfumo Construction, LTD fora 35 day extension to complete the Old School Square Parking Garage Project. 11-06-2007 -2- D. RESOLUTION NO. 60-07: Approve Resolution No. 60-07 assessing costs for abatement action required for the emergency board-up of an unsafe structure located at 1314 S.W. 22°d Avenue. E. RESOLUTION NO 61-07 ,'TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS/226 NORTH SWINTON AVENUES Approve a tax exemption request for eligible improvements to 226 North Swinton Avenue, located in the Old School Square Historic District; and approve Resolution No. 61-07. F. RESOLUTION NO. 63-07: Approve Resolution No. 63-07 appointing a Budget Task Force to review the City's budget and make recommendations regarding same. G. RESOLUTION NO. 62-07: Approve Resolution No. 62-07 assessing costs for abatement action required for the emergency board-up of an unsafe structure located at 5116 Pineview Circle. H. AMENDMENT NO 1/INTERLOCAL AGREEMENT/MULTIPLE AGREEMENT/EAGLE'S NEST PROGRAM AT ATLANTIC HIGH SCHOOL CAREER ACADEMY: Approve Amendment No. 1 to the Interlocal Agreement and Multiple Party Agreement between the City, Palm Beach County School Board, Community Redevelopment Agency and the Chamber of Commerce for the Eagle's Nest Program at Atlantic High School Career Academy (known as the Eagle's Nest Interlocal Agreement) providing an extension of time until June 30, 2008 to complete construction. I. TERMINATE AGREEMENT/SOUND INVESTMENTS BY J W INC./PRO DVD MAKERS: Approve and authorize the City to terminate the agreement with Sound Investments by J.W., Inc. d/b/a Pro DVD Makers due to budgetary constraints. J. AMENDMENT NO 1/DOWNTOWN MARKETING COOPERATIVE AGREEMENT: Approve Amendment No. 1 to the Downtown Marketing Co- operative Agreement with the City, Community Redevelopment Agency, Downtown Development Authority, and the Chamber of Commerce to reduce the City's contribution and change the percentage the Downtown Marketing Cooperative (DMC), will pay the City for DMC events. K. ~iJBGRANT HIGHWAY SAFETY FUNDS AWARD AGREEMENT/STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOTI: Approve and authorize the Mayor to execute a Subgrant Highway Safety Funds Award Agreement with the State of Florida Department of Transportation (FDOT) for acceptance of a grant in the amount of $58,000.00 for the Child Passenger Safety Program. This is a 100% reimbursable federal grant award that does not require a local cash match. 11-06-2007 -3- L. SPECIAL EVENT REOUEST/HOWARD ALAN 19a' ANNUAL DOWNTOWN ART FESTIVAL: Approve a special event request for the 19'~ Annual Downtown Art Festival sponsored by Howard Alan Events, Ltd. to be held on January 19 and 20, 2008 from 10:00 a.m. to 5:00 p.m., granting a temporary use permit per LDR Section 2.4.6(FJ for use of City rights-of-way on Atlantic Avenue from the east side of N.E. 6~' Avenue to Bronson and the Gladiola lot (N.E. 6`'' Avenue) for parking; authorize staff to apply for the FDOT street closure permit; authorize staff support for security and traffic control, barricading, EMS assistance, and permit an event sign to be erected on Atlantic Avenue just east of I-95 ten (10) days prior to the event with the sponsor paying all overtime costs. M. ACCEPTANCE OF AN EASEMENT DEED/UNITED STOR-ALL CENTER (FBA DELRAY BEACH EXTRA CLOSETS Approve and accept a new 12-foot water easement deed at United Stor-All Center (FKA Delray Beach Extra Closet) located at 14216 Military Trail. N. ACCEPTANCE OF RIGHT-OF-WAY DEDICATION/MELLOW MUSHROOM: Approve and accept aright-of--way deed between the City and Mellow Mushroom located at 25 S.E. 6`~ Avenue. O. FIRST NIGHT BANNER PROTECT: Approve funding for supplies for the First Night Banner Art Project. Funding is not to exceed $3,500.00. Funding is available from the Public Arts Account. P. FLORIDA DEPARTMENT OF ELDER AFFAIRS GRANT/MULTISERVICE SENIOR CENTER/THE DELRAY BEACH FAMILY RECREATION AND FITNESS CENTER: Approve a request to apply for a grant in the amount of $2,000,000.00 from the Florida Department of Elder Affairs for the construction of a Multiservice Senior Center at the Dekay Beach Family Recreation and Fitness Center. Q. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 15, 2007 through November 2, 2007. R. AWARD OF BIDS AND CONTRACTS: Bid award to multiple vendors for the purchase of road construction materials for the City via a Co-op Bid in an estimated annual cost of $350,000.00. Funding is available from various departments operating expense budgets and capital project accounts. 2. Purchase award to Bennett Fire Products Company, Inc. in the amount of $74,632.80 for the purchase of forty (40) sets of bunker gear which includes the jacket, trouser, suspender and boots for the Fite-Rescue Department. Funding is available from 001-2311-522-52.22, 001-2313-522-52.22, 001-2315-526-52.22, and 001-2317-522-52.22 (General Fund/Uniforms/Linen Services). 11-06-2007 -4- 3. Purchase award to Otto Waste Systems in the amount of $60,000.00 for the purchase of hot stamped garbage carts with lids and wheels to be ordered as needed. Funding is available from 433-3711-534-49.35 (Sanitation Fund/Cart Renewal and Replacement). 4. Purchase award to Poolsure of South Florida in the amount of $56,750.00 for the purchase and delivery of Sodium Hypochlorite to four (4) locations in small quantities due to truck accessibility and Calcium Hypochlorite 3" PPG tablets. Funding is available from 441-5123-536-52.21 (Water/Sewer Fund/Chemicals). 5. Purchase award to PVS Technologies, Inc. in the amount of $210,000.00 for the purchase and delivery of liquid and dry Ferric Chloride for the Water Treatment Plant as needed for the remainder of 2007 through September 30, 2008. Funding is available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals). 6. Purchase award to Praxair Inc. in an estimated cost of $60,000.00 for the purchase and delivery of Liquid Carbon Dioxide (Co2) for the Water Treatment Plant from October 2007 through September 30, 2008. Funding is available from 441-5122-536.52.21 (Water/Sewer Fund/Chemicals}. 7. Contract award to Briggs Golf Construction, Inc. in the amount of $96,780.00 for the reconstruction of the Pompey Park Major League Field No. 1 Project. Funding is available from 334-4127-572-63.90 (General Construction Fund/Other Improvements). 8. Purchase award to Special Products Group in the amount of $31,115.55 for a weapons light system and to Precision Ammunition in the amount of $43,803.55 for the purchase of ammunition fox the Delray Beach Police Department. Funding is available from 334-2111-521-52.20 (General Construction Fund/General Operating Supplies). 9. Purchase award to POM Incorporated in the amount of $93,492.50 for the purchase of 250 single head electronic parking meters and to Digital Payment Technologies in the amount of $159,553.05 for the purchase of 15 pay by space multi space parking meters to be installed on-street and in the parking lots east of the Intracoastal Waterway. Funding is available from 334-3162-545-64.90 (General Construction Fund/Other Machinery/Equipment), pending budget transfer. 9. REGULAR AGENDA: A. WAIVER REQUESTS/BLOCK 69 OFFICE BUILDING: Consideration of waiver requests associated with the Class V Site Plan for 30 S.E. 1S` Avenue (aka Block 69 Office Building), within the Old School Square Historic District located on the west side of S.E. 1S` Avenue and Between East Atlantic Avenue and S.E. ls` Street. (Quasi- Judicial Heating) 11-06-2007 -5- B. BLOCK 69 OFFICE BUILDING/PARKING FEE REQUEST: Consider a parking fee request from the Block 69 Office Building for the purchase of four (4) public parking spaces at a cost of $72,000.00 to accommodate the construction of a three (3) story office building containing 7,325 square feet of office spaces located at 30 S.E. 15` Avenue. (Quasi Judicial Hearing) C. WAIVER RE(?UEST/MODERN CHIROPRACTIC: Consider a request from Modern Chiropractic for waiver of Land Development Regulations (LDR) Section 4.6.7Q)(2), "Off -Premise Signs", to allow tenant wall sign to extend into the sign area of the adjacent bay, Saba Trucking. (Quasi Judicial Heating) D. WAIVER REOUESTSIALTA CONGRESS PROJECT: Consider two (2) waiver requests of Land Development Regulations (LDR) Section 4.7.9(c)(i), "Workforce Housing General Provisions", and Section 4.6.9(D)(4)(d), "Standard Aisle Width", associated with the Class V Site Plan application for the Alta Congress Project located on the west side of Congress Avenue approximately 1,620 feet south of Atlantic Avenue. (Quasi Judicial Hearing) E. BID AWARD/WEST CONSTRUCTION, INC.: Consider approval of a bid award to .second lowest bidder, West Construction, Inc., in the amount of $2,392,275.00 for the construction of Fire Station No. 4. Funding is available from 334-6112-522-62.88 (General Construction Fund/Fire Station No. 4). F. INFORMATION TECHONOLOGY (IT) BUILDING/CITY HALL NORTH WING PROJECTS: Provide direction regarding proposals for the new Information Technology (IT) Building and the City Hall North Wing remodeling Projects. G. CONTRACT AWARD/PRISTINE WATER SOLUTIONS• Consider approval of a contract award to second lowest bidder, Pristine Water Solutions, in an estimated annual cost of $96,894.00 for the purchase of Poly Phosphate at $0.769 per pound for the Water Treatment Plant as needed. Funding is available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals). H. RESOLUTION N0.64-07: Consider approval of Resolution No. 64-07 supporting a Plumosa Elementary School Kindergarten through Eighth Grade Fine Arts Magnet Program on the Seacxest Site (Old Atlantic High School). I. RESOLUTION NO. 65-07: Consider approval of Resolution No. 65-07 which provides that the City will install temporary features along US Highway 1 to reduce the two (2) one-way streets from three (3) to two (2) lanes between S.E. 10`~ Street and George Bush Boulevard. J. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one (1) regular member to the Dekay Beach Housing Authority for a four (4) year term ending October 27, 2011. Based upon the rotation system, the appointment will be made by Mayor Ellis (Seat #5). 11-06-2007 -6- K. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) At Large Representative to the Neighborhood Advisory Council to serve a three (3) year term ending August 31, 2010. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). 10. PUBLIC HEARINGS: A. QRDINANCE NO. 46-07 (SECOND READING/SECOND PUBLIC HEARINGI: Consideration of a rezoning request to allow a modification of the Blood's Grove Special Activities District (S.A.D.), Zoning Ordinance No. 51-95, in conjunction with a new mixed-use development known as Midtown Delray containing 116 townhouse units (of which 32 units are subject to the family workforce housing ordinance) and 29,571 square feet of medical offices to be located at the southwest corner of Linton Boulevard and Old Germantown Road (4600 Linton Boulevard). (Quasi Judicial Heating) B. ORDINANCE NO. 45-07: An ordinance amending Section 37.45, "Supplemental Code Enforcement Procedures", Subsection (~, "Civil Penalties", to provide for citations for noise violations of motor vehicles and motorcycles; amending Chapter 99, "Noise Control", by amending Section 99.02, "Defnitions", to provide updated definitions; by amending Section 99.04, "Loud and Unnecessary Noises Enumerated; Exceptions", to change the name to "Loud and Raucous Noises Enumerated; Exemptions", by amending Subsection (A), "Certain Acts Declared Unlawful", and (1)(a) and (14), "Motor Vehicles Operating On A Public Right-Of-Way", to add "Motorcycles", "Mufflers", and "Rapid Throttle Advance", in order to provide a cap for all motorcycle exhaust noise and require EPA noise labels. C. ORDINANCE NO. 53-07 (FIRST READING/FIRST PUBLIC HEARINGI: Privately initiated amendment to the Land Development Regulations Section 4.4.13, "Central Business District (CBD)," Subsection 4.4.13(D), "Conditional Uses and Structures Allowed," and Subsection 4.4.13(H), "Special Regulations," Article 4.3 "District Regulations, General Provisions," Subsection 4.3.3, "Special Requirements for Specific Uses," and to add automobile boutique as a conditional use subject to the provisions of Section 4.3.3, "Special Requirements for Specific Uses", and Appendix "A" Definitions to add automobile boutique as a conditional use in the Central Business District. If passed, a second public hearing will be scheduled for November 20, 2007. D. ORDINANCE NO. 51-07: An ordinance amending Chapter 92, `Boats and Boating", by amending Section 92.33, "Dockage Rate", of the Code of Ordinances to clarify the dockage rate charged fox the City Marina. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. 11-06-2007 -7- 12. FIRST READINGS: A. ORDINANCE NO. 52-07: Consideration of a rezoning from R-1-A (Single Family Residential) to CF (Community Facilities) for 345 N.E. 5`h Avenue to accommodate offices associated with the Achievement Centers for Children and Families, located at 555 N.E. 4`h Street. If passed, a second public hearing will be scheduled for November 20, 2007. B. ORDINANCE NO. 54-07: City initiated rezoning from R-1-A (Single Family Residential) District to RM (Medium Density Residential) District for approximately 3.9 acres, located a '/a block on either side of S.W. 12`'' Avenue, between S.W. 2°d Street and S.W. 3`d Street. If passed, a second public hearing will be scheduled for November 20, 2007. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: NOVEMBER 2, 2007 11-06-2007 -8- OCTOBER 16, 2007 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Rita Ellis in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, October 16, 2007. 1. Roll call showed: Present - Commissioner Gary Eliopoulos Commissioner Woodie McDuffie Commissioner Brenda Montague Mayor Rita Ellis Absent - Commissioner Fred Fetzer Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Janet K. Whipple, Acting City Clerk 2. The opening prayer was delivered by Reverend Kuczborski with St. Vincent Ferrer Catholic Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor Ellis stated there will be some modifications to the Agenda. She noted the addition of Item 7.E., Presentation of Ceremonial Checks from the South Florida Waste Management District (SFWMDI for the Alternative Water Supply (AWS) grant. Also, Mayor Ellis noted the addition of Item 9.F., Designation of Voting Delegate/National League of Cities Annual Business Meeting/Congress of Cities and additional items for Item 12.B., Ordinance No. 45-07. Mrs. Montague requested that Item 8.D., Grant Applications/Florida Department of State/Division of Historical Resources of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. The City Attorney stated there has been a request for postponement for Item 10.E., Ordinance No. 31-07 (Second Reading/Second Public Hearing) to a date certain of November 20, 2007. Mr. Eliopoulos requested that Item 8.B. Renewal of Lease Agreement/Delray Beach Historical Society/Cason Cottage Property of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A. Also, Mr. Eliopoulos requested that Items 8.L.1. and 8.L.2., Award of Bids and Contracts of the Consent 10/ 16/07 Agenda be moved to the Regular Agenda as Item 9.A.A.A.A. and 9.A.A.A.A.A. Mayor Ellis requested to move Item 12.A., (Ordinance No. 51-07) and Item 12.B., Ordinance No. 45-07, First Readings, to before the Consent Agenda. Mr. Eliopoulos moved to approve the Agenda as amended, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 5. APPROVAL OF MINUTES: Mrs. Montague moved to approve the Minutes of the Regular Meeting of October 2, 2007, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. Mr. Eliopoulos moved to approve the Minutes of the Special/Workshop Meeting of October 9, 2007, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. 6. PROCLAMATIONS: 6.A. Family Literacy Month -November 2007 Mayor Ellis read and presented a proclamation hereby proclaiming November 2007 as Delray Beach National Family Literacy Month. Janet Meeks, Education Coordinator, on behalf of the Delray Beach Education Board, thanked the Commission for reading this proclamation. She stated the Mayor's Literacy Initiative is now in its third year and they will be participating with the Palm Beach County Library System to do the book that all the children are going to read. Mrs. Meeks encouraged the Commission to take the book into a school and read to one of the pre-school classes. Also, Mrs. Meeks announced that last Wednesday at the Palm Beach County School District the City of Delray Beach received an award for the 2"a consecutive year in the participation for the Eagle's Nest Project. 6.B. National Hospice and Palliative Care Month -November 2007 Mayor Ellis noted that this proclamation will be mailed. 7. PRESENTATIONS: 7.A. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork) Committee Presentation -2- 10/16/07 Dot Bast, Human Resources Consultant/Human Development, thanked the Commission for the opportunity to introduce the quarterly award winners for the S.P.I.R.I.T. Program. Mrs. Bast stated Lieutenant Michael Coleman, Sergeant Adam Rosenthal and Officer Steven Chinque from the Community Response Task Force were nominated by Captain Tina Heysler for their exceptional customer service. With the support of some members of the Task Force and other Law Enforcement personnel volunteers his time and talent in the Martial Arts Program at Auburn Trace. This year one of their students who participated in their program for the last four years was awarded a soccer scholarship to a college in Alabama. While the scholarship covered tuition and room and board, Max was responsible for his transportation and living expenses. He worked at Winn Dixie and earned most of the money he needed; however, he came up a little short. These gentlemen reached into their own pockets and donated $350.00 to help Max with his financial needs on his way to college. Mayor Ellis presented Lieutenant Michael Coleman, Sergeant Adam Rosenthal and Officer Steven Chinque with S.P.I.R.I.T. Awards. Alberta Gaum, Project Coordinator/Parks and Recreation, introduced Monique Burton, Customer Service Assistant, and stated she is an exceptional employee who consistently on a daily basis lives and practices each of the S.P.I.R.I.T. core values. Yvonne Walker, FinanciaUCompliance Officer, stated Beverly Wright/Police Department was nominated by her supervisor Tina Heysler for an exemplary job performance and teamwork efforts. 7.B. Recognizing and Commending Jorge L. Delgado, Jr., Specialist E-4 for his Service and Commitment to the United States Army Mayor Ellis read and presented a plaque to Jorge L. Delgado, Jr./LTnited States Army, for his personal sacrifice, commitment and dedication in protecting the citizens of the United States and keeping peace throughout the world. Jorge L. Delgado, Jr. came forward to accept the plaque and gave a few brief comments. On behalf of "You Are Not Alone" which is a City of Delray Beach sponsored support group for family members of service men and woman serving overseas, Dave Smith thanked everyone for the continued support of the City of Delray Beach. He stated "You Are Not Alone" would like to take advantage of this opportunity to have members of "You Are Not Alone" officially launch the 2nd Annual Project Holiday which is a joint effort on the part of the City of Delray Beach, "You Are Not Alone", and Church of the Palms to gather donations of much needed items for the local men and woman serving overseas. -3- 10/ 16/07 Dolores Rangel, Administrative Assistant, recognized former Commissioner Alberta McCarthy and thanked her and the Commission for supporting Project Holiday. Mrs. Rangel stated last year for the first time her daughter Melissa was home for Christmas and feels the soldiers need a little bit of home from us. Mrs. Rangel stated Melissa wanted to relay a message to the Commissioners, City Manager and City Attorney a message that she left for overseas and she is in Kuwait today and thanked them for their support. 7.C. "Spotlight on Education" -Darlene Kostrub, Executive Director of Palm Beach County Literacy Coalition Darlene Kostrub, Executive Director of the Palm Beach County Literacy Coalition, stated the Palm Beach County Literacy Coalition is at work over the entire County helping adults, children and families gain the literacy, reading and English skills that they need to succeed in school, to be effective parents, skilled employees and involved citizens. Ms. Kostrub stated their programs cover the entire County and the headquarters is located here in Delray Beach. She stated Bill Wood of the Chamber of Commerce is on the Palm Beach County Literacy Coalition Advisory Panel and over the last 2-3 years they have formed a Mayor's Literacy Initiative. Ms. Kostrub stated she has met individually with Mayors in ten of the largest cities in the County including Mayor Ellis to sign her on as a key partner in the Mayor's Literacy Initiative. Ms. Kostrub stated Mayor Ellis not only signed on to ensure that Delray Beach is a city that reads and a city that values education but she had the courage to be on the spelling bee team for Mayors for the "Great Grown-up Spelling Bee". She stated she believes Delray Beach has one of the strongest Education Committees/Boards in the County because of their activities and initiatives that they have begun. They have also begun a recent partnership with the City of Delray Beach where they provide workplace education and literacy for City employees and a similar program is being done at Delray Medical Center ensuring that employees have the full skills they need in the literacy arena to perform their jobs. Ms. Kostrub stated Delray Beach houses one of the star family literacy programs in the County and it is housed at Village Academy (Village Readers) and it is operated by the Literacy Coalition. They are instructing children, adults, and families in the neighborhoods surrounding Village Academy helping them to get the literacy skills that they need. Ms. Kostrub invited everyone to be a part of "Read Together Palm Beach County" which occurs every two years where thousands of adults over the entire County read the same book at the same time. The book will be read in Apri12008; however, the process begins December 6, 2007. She invited the Education Board, the Commission and those who are interested to come to the Palm Beach Post at 2:00 p.m. on December 6, 2007 to be one of their key partners and to ensure that Delray will be a polling place where citizens can cast ballots to let the Palm Beach County Literacy Coalition know which book they think should be the book for "Reading Together 2008". -4- 10/ 16/07 7.D. Downtown Marketing Cooperative Holiday Season Plans Marjorie Ferrer, Executive Director of the Downtown Marketing Cooperative and the Executive Director of the Downtown Development Authority, stated the Downtown Marketing Cooperative has been around for 15 years and has had the responsibility of promoting and marketing the downtown. She gave a brief PowerPoint presentation displaying pictures of the downtown from the 1980's and pictures from today. Mrs. Ferrer stated they just came back from New York City where they were asked to present their PowerPoint at the International Downtown Association of World Congress about this marketing cooperative that works in a downtown because there are many cities that would like to have one. She stated they are working with many cities to help them figure out how to work together. Mrs. Ferrer stated how Delray Beach got from the 1980's to today is really about partnerships and noted that there were four entities in town that decided to work together; the City of Delray Beach, Chamber of Commerce, the Community Redevelopment Agency (CRA) and the Downtown Development Authority (DDA). The mission of the Downtown Marketing Cooperative is to create, organize and manage programs and events to enhance the economic prosperity of downtown and assist in the marketing and the promoting of the downtown. 7.E. Presentation of Ceremonial Checks from the South Florida Waste Management District (SFWMD) for the Alternative Water Supply (AWS) grant Richard Hasko, Director of Environmental Services, stated the City of Delray Beach, the City of Boynton Beach and the South Central Regional Wastewater Plant were recently awarded a total of $5.5 million dollars from South Florida Water Management District (SFWMD) for our regional submittal for the alternative Water Supply Program. Mr. Hasko stated $3.4 million is going to the South Central Plant to assist in the cost of the expansion of the reclaimed water treatment capacity at the plant to 100% of the plant capacity; $1.5 million to Boynton Beach for their Phase I Reclaimed Water Distribution and Recharge Project and $619,700.00 to the City of Delray Beach for our Area 4 Project which will bring reclaimed water to the Del-Aire Golf Course and complete the expansion in the southern quadrant. Mr. Hasko presented the Commission with a ceremonial check in the amount of $619,700.00. Mr. Hasko stated he received an acknowledgement from the Board Chairman of the receipt of staff's comments and concerns. He stated that he did acknowledge receipt of those comments and the Board was going to be working with staff to address and resolve those issues. Mr. Hasko stated staff is going to try and bring these people to a November Workshop to discuss those issues a bit further. Staff also attended a meeting in September that was sponsored by Representative Hasner and Representative Machek and it had to do with the current legislative initiative for DEP for the elimination of Ocean Outfalls in Florida. Mr. Hasko stated much of the conversation revolved around the issue of Reclaimed Water and what needs to be done for the real benefits to be realized by our utility customers and by the South Florida Environmental community. -5- 10/16/07 Mr. Hasko stated staff received an update on the prognosis regarding the drought from the South Florida staff yesterday. Their forecasters are informing them that the rainy season is over from what they are forecasting in the future. There is still a 1 month - 1 '/z months left in the hurricane season but they are not forecasting any significant amount of rain. There has been a lot of rain on the outskirts but they have not seen anywhere near the rainfall they had hoped to get either in the Lake Okeechobee area and more importantly. They are suggesting that we have about a 75% chance of continuing and worsening water restrictions as we get farther into the dry season. Mr. Hasko stated we had a lot of success this last year with our ability to reduce our demands significantly through the cooperation and help of our residents and customers in reducing their water use. At this point, the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 51-07: An ordinance amending Chapter 92, "Boats and Boating", by amending Section 92.33, "Dockage Rate", of the Code of Ordinances to clarify the dockage rate charged for the City Marina. If passed, a public hearing will be scheduled for November 6, 2007. The caption of Ordinance No. 51-07 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 92, "BOATS AND BOATING", BY AMENDING SECTION 92.33, "DOCKAGE RATES", TO CLARIFY THE DOCKAGE RATE CHARGED; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 51-07 is on file in the City Clerk's Mr. McDuffie moved to approve Ordinance No. 51-07 on First Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. 12.B. ORDINANCE NO. 45-07: An ordinance amending Section 37.45, "Supplemental Code Enforcement Procedures", Subsection (Q), "Civil Penalties", to provide for citations for noise violations of motor vehicles and motorcycles; amending Chapter 70, "Traffic Regulations", "General Provisions", by amending Section 70.02, "Truck and Trailer Prohibition On Certain Portions Of Atlantic Avenue", in order to prohibit motorcycles on certain portions of Atlantic Avenue; amending Chapter 99, "Noise Control", by amending Section 99.02, "Definitions", to provide updated -6- 10/16/07 definitions; by amending Section 99.04, "Loud and Unnecessary Noises Enumerated; Exceptions", to change the name to "Loud and Raucous Noises Enumerated; Exemptions", by amending Subsection (A), "Certain Acts Declared Unlawful", and (1)(a) and (14), "Motor Vehicles Operating On A Public Right-Of-Way", to add "Motorcycles", "Mufflers", and "Rapid Throttle Advance", in order to provide a cap for all motorcycle exhaust noise and require EPA noise labels. If passed, a second public hearing will be scheduled for November 6, 2007. office.) The caption of Ordinance No. 45-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 37.45, "SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES", SUBSECTION (Q), "CIVIL PENALTIES", TO PROVIDE FOR CITATIONS FOR NOISE VIOLATIONS OF MOTOR VEHICLES AND MOTORCYCLES; AMENDING CHAPTER 99, "NOISE CONTROL", BY AMENDING SECTION 99.02, "DEFINITIONS", TO PROVIDE UPDATED DEFINITIONS; BY AMENDING SECTION 99.04, "LOUD AND UNNECESSARY NOISES ENUMERATED; EXEMPTIONS", TO CHANGE THE NAME TO "LOUD AND RAUCOUS NOISES ENUMERATED; EXEMPTIONS", BY AMENDING SUBSECTION (A), "CERTAIN ACTS DECLARED UNLAWFUL", (1)(a) AND (14), "MOTOR VEHICLES OPERATING ON A PUBLIC RIGHT-OF-WAY", TO ADD "MOTORCYCLES", "MUFFLERS", AND "RAPID THROTTLE ADVANCE", IN ORDER TO PROVIDE A CAP FOR ALL MOTORCYCLE EXHAUST NOISE AND REQUIRE EPA NOISE LABELS; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 45-07 is on file in the City Clerk's Mr. Eliopoulos moved to approve Ordinance No. 45-07 (Option #1) on FIRST Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. -7- 10/16/07 Mr. Eliopoulos moved to approve Ordinance No. 45-07 (Option #2) on First Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie - No; Mrs. Montague - No; Mayor Ellis - No; Mr. Eliopoulos - No. Said motion was DENIED with a 4 to 0 vote. At this point, the time being 7:35 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.E. ORDINANCE NO. 31-07 (SECOND READING/SECOND PUBLIC HEARING): Privately initiated amendment to the Land Development Regulations amending Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection 4.4.24(B), "Principal Uses and Structures", to include an additional property that is allowed in the permitted uses of the Central Business District (CBD) Zoning District; amending Subsection 4.4.24(F), "Development Standards", to include an additional property in the Old School Square Historic Arts District (OSSHAD) that is subject to the standards of the Central Business District (CBD) Zoning District. The caption of Ordinance No. 31-07 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(B), "PRINCIPAL USES AND STRUCTURES" TO INCLUDE AN ADDITIONAL PROPERTY THAT IS ALLOWED IN THE PERIVIlTT~D USES OF THE CBD ZONIlVG DISTRICT; ANIEI~IDING SUBSECTION 4.4.24(F), "DEVELOPMENT STANDARDS", TO INCLUDE AN ADDITIONAL PROPERTY IN THE OSSHAD DISTRICT THAT IS SUBJECT TO THE STANDARDS OF THE CBD ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 31-07 is on file in the City Clerk's The City Attorney stated this has been scheduled for a Second Reading/Second Public Hearing but the person who is proposing this ordinance has requested a postponement to November 20, 2007 at 7:00 p.m. She stated at this point, if the Commission wishes to postpone this ordinance, then staff will continue the public hearing on November 20, 2007 at 7:00 p.m. -8- 10/16/07 Mr. McDuffie moved to postpone Ordinance No. 31-07 to a date certain of November 20, 2007 at 7:00 p.m., seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis - Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 10.A. ORDINANCE NO. 46-07 (FIRST READING/FIRST PUBLIC HEARING): Consideration of a modification of the Blood's Grove Special Activities District (S.A.D) Ordinance No. 51-95, in conjunction with a new mixed-use development known as Midtown Delray containing 116 townhouse units (of which 32 units are subject to the family workforce housing ordinance) and 29,571 square feet of medical offices to be located at the southwest corner of Linton Boulevard and Old Germantown Road (4600 Linton Boulevard). If passed, a quasi judicial public hearing will be scheduled for November 6, 2007. The caption of Ordinance No. 46-07 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, AMENDING SECTION 4.4.25(G), "S.A.D.s," TO ADD SUBSECTION (9) MIDTOWN DELRAY TO THE LIST OF APPROVED S.A.D.s; AMENDING ORDINANCE NO. 51-95 BY REPEALING SECTIONS RELATED TO THE BLOOD'S COMMERCIAL PROJECT MASTER PLAN AND PROVIDING FOR REVISED REGULATIONS GOVERNING THIS SPECIAL ACTNITIES DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 46-07 is on file in the City Clerk's 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. The City Attorney stated there are also waivers that the Commission will not act upon tonight because they will be acted upon at aQuasi-Judicial reading (second reading of this ordinance). Mayor Ellis reminded everyone that this is a First Reading/First Public Hearing. The next public hearing will be open to the public for everyone who wants to speak and encouraged everyone to not repeat the same thing so many times. She stated the public is allowed to speak and it will be in the record; however, she reiterated that the public use the next public hearing (which will be Quasi-Judicial hearing) to enter remarks -9- 10/ 16/07 into the record. Paul Dorling, Director of Planning and Zoning, stated this is a privately initiated amendment to the SAD (Special Activities District) ordinance to introduce 116 townhouse units on the southern part of the SAD area and a 29,571 square foot medical office building on the northern portion of the site. He stated it included five (5) waivers and those have been reduced to four (4) as one was found to be in compliance. Those waivers dealt with a stacking distance in the parking lot on the medical office building; dealt with minimum pavement width within the townhouse development and dealt with open space as well as some internal sidewalks and a requirement fora 30 foot strip along Linton Boulevard (found to be in compliance). Mr. Dorling commented about density and a number of unit issues that have come up in a number of emails he has received. At its meeting of September 17, 2007, the Planning and Zoning Board considered this item and recommended approval with a 6 to 1 vote. Mayor Ellis declared the public hearing open. Henry Iler, President Principal of Iler Planning Group, 11000 Prosperity Farms Road, Suite #206, Palm Beach Gardens. FL, (stated he has been retained by Carla Stewart and Hammock Reserve HOA), stated the actual density of the property is 17 units per acre (looking at residential land only and take out the office) which is far exceeding what is in Hammock Reserve as well as across the street to the north. If you include the office parcel, the density goes down to around 12 units per acre; however, that is double counting and this would be allowing them to build office on the same space that they are being allowed to build residential density. Mr. Iler stated the Hammock Reserve on the west is RM-8 and this project on just the residential land is 17 units per acre. The project has 3-story building heights of the medical and multi-family buildings which are incompatible with the predominantly one-story residential neighborhoods to the west and to the north. The project is not suitable or compatible with the existing neighborhoods and is out of character with them as well. He stated per the staff report, uses, activities, and characteristics of an SAD are to be consistent with the Comprehensive Plan, suitable and compatible with surrounding existing developments and the character of the area. Mr. Iler reiterated that the actual residential density is 17 units per acre while surrounding neighborhoods are between 6-8 units per acre and this makes the proposed project 144% higher in actual residential density than the existing neighborhoods. He stated the project is not consistent with the City's Comprehensive Plan, Future Land Use Element Goal Area A and its implementing objective A- l . Mark Feinstein, 16244 Bridlewood Circle, Delray Beach (Foxe Chase), stated he is in favor of workforce housing. He stated according to the plan that they have been presented there is a serious safety issue for the children that utilize the existing homeowners association property surrounding the project. He stated there is a school that is right next door and in the mornings the traffic would not allow these children to utilize the areas in a safe and effective manner. He stated this would create safety concerns for -10- 10/16/07 not only the children of Foxe Chase but the children of the surrounding homeowners associations as well. Mr. Feinstein stated in talking to hundreds of people who are opposing the project he believes their number one safety concern is the children utilizing the area. Bob Lamoureaux, 4782 Valencia Drive, Delray Beach (unit owner of Hammock Reserve), stated Mr. Dorling is very much in favor of this project in his interpretation and he explained that there was talk about 600 units an acre allowable and that the Citation apartment complex was not apart of this and this is true. However, Mr. Lamoureaux stated the SAD ordinance that was passed in 1995 allowed for four units on that SAD district. He stated it also said that the total development was 65,000 square feet and it is very clear in Ordinance No. 51-95. Ezra Kreig, 16485 Bridlewood Circle, Delray Beach (Foxe Chase), stated they had an opportunity at the beginning of this meeting to hear about some great employees of Delray Beach and they were recognized for good community service and good actions in the community. Mr. Kreig stated he would like to give some "shame on you's" to the Planning and Zoning Department, to the partners in this Midtown Downtown Development (Ascot Development), because they have painted all these people as racists. Mr. Kreig stated all the people are in favor of workforce housing and if every unit were as workforce housing he would applaud the City. He objects to the process that was put together to put this project together and feels that the Planning and Zoning Department did not trust them and did not come talk to the neighbors about how they could make the project work effectively. He urged the Commission to work with all the people so that Old Germantown Road will not become a congested road. Mr. Kreig stated Old Germantown Road is a two lane road and at certain times of the day you cannot get out of his development and there is only one entrance and egress out of his community. He stated if this community is blocked they cannot function. Mr. Kreig urged the Commission to bring workforce housing to the community and work together and continue to make Delray Beach a great place. Dr. Joseph Provenzano, 1921 S.W. 36th Avenue, Delray Beach, stated the size of the Hammock Reserve (248 units) and the size of the SAD (116 units plus 30,000 square feet) does not match the surrounding area. He stated the traffic study showed 1,800 vehicles coming out of that development per day either from the medical and including the residential and noted that Blood's does not have 1,800 cars going in an out. Mr. Provenzano stated there is going to be a problem with traffic building up on Linton Boulevard. He stated he is not against ever developing that area; however, he feels there needs to be concurrency. He commented about the historic depot square and stated on 12 acres there is going to 296 workforce rentals and 92,000 square feet of commercial office space. He stated according to the article in the newspaper this is consistent with the last remaining 224 acres along Congress Avenue. Dr. Provenzano stated the applicant is asking for four waivers and noted there is not enough green space and in his opinion if the rules were followed this project would be half this size. -11- 10/16/07 Sanford Herman, 4784 Orchard Lane, Delray Beach, expressed concern over the traffic that could be generated with this project and urged the Commission to go in to this area in the morning when school starts and when school is out so they can see all the cars leaving and the school buses backed up. He commented about the changing of the setback from 50 feet to 15 feet and stated this 50 feet. Mr. Herman stated there is not enough parking allotted inside the project and there will be a tremendous number of cars coming and going not only from the residences but from the medical building. He urged the Commission to develop a nice workforce housing project but not with what is being currently proposed. Don Klein, 4788 Orchard Drive, Delray Beach (resident of Hammock Reserve stated he is in favor of workforce housing and stated his daughter is a police officer and knows what she went through when she tried to purchase a house. However, he sent an email to the Commission outlining the concerns of the residents rather than reiterate them now. Mr. Klein urged the Commission to listen to what was presented tonight regarding this project. There being no one else from the public who wished to address the Commission regarding Ordinance No. 31-07, the public hearing was closed. Prior to the vote, Mr. Eliopoulos encouraged the developer to have a meeting with these communities abutting against this project before this comes back to the Commission. Also, Mr. Eliopoulos encouraged the developer not to come with waivers and do anything they possibly can to get rid of any waivers from this project. He commented about unit counts versus square footage and stated the Commission does depend on staff to provide them with the information. As a local architect, Mr. Eliopoulos stated typically the square footage (office) is not part of the unit count but is units based on 116 versus the commercial space. He stated he is okay with regards to the unit count (116) but is also encouraging the developer to look at the entrance. Mr. Eliopoulos stated he attended the Planning and Zoning Board Meeting and feels the Board was questioning the unit count versus the square footage and a representative from the Planning and Zoning Department was present other than Mr. Dorling. Mr. Eliopoulos stated staff's response was not a positive response and thus the Board had a question as to whether this was an issue of 65,000 square feet versus the 116 units. Mr. Eliopoulos stated he is happy to hear that people do not have an issue with workforce housing and noted that these units will blend right in; however, it is an expensive cost to build these units so that they blend in and no one can tell the difference. He encouraged the developer to look at these buildings without subtracting units but maybe taking the ends and dropping down to two stories and then coming back up. Mr. Eliopoulos stated these buildings are less than 35 feet to the mean. Mr. Eliopoulos stated he called the City Engineer regarding the intersection at Linton Boulevard and Old Germantown Road and whether or not everything has been looked at to make this intersection better. Mr. Eliopoulos stated staff had concerns of traffic and he feels this needs to be addressed. He feels the developer can look at this and handle this by moving it up closer to Linton Boulevard. -12- 10/16/07 Mr. McDuffie stated he lives in Oakmont (20 years) and has been here his entire life. He stated he concurs with many of the things Commissioner Eliopoulos has said and commented about email he received from the residents and noted that many of the things he saw that were mistaken and were sent to everyone were cleared up in this meeting this evening. Mr. McDuffie stated he received more than one email that said there are no three-story units in this area. He stated at the intersection of Congress Avenue and Old Germantown Road there is Spring Harbor which runs from Congress Avenue to the El Rio Canal and from just south of Linton Boulevard over to Old Germantown Road and noted there are a number of three-story units. He stated there are landscaping buffers which the City requires on this project as well as that project to shelter some of those things. Mr. McDuffie stated people drive by this every day and they do not notice that there are three-story units in there. He stated there is another development on the west side of Homewood Boulevard right in front of Verona Woods and that project is called Crosswinds South and they are five-story apartment buildings. Mr. McDuffie stated this is not a precedent setting project but noted those projects exist there today. He expressed concern over the traffic study and the access/egress to that area maybe very problematic especially with the elementary school there. He urged the developer to take a look at that and would also like to get some numbers from Palm Beach County regarding the traffic and revisit this issue. With regard to the setback off Linton Boulevard, Mr. McDuffie stated there was an agreement with the Lake Worth Drainage District to culvert the canal and noted that this turns to green space but he would like to see some re-work done on this. Mr. McDuffie stated with regard to the waiver for the preserve area, he would like to see something done to bring that up to the required level in the staff report. He feels this project can be worked out and reiterated that with regard to the traffic he would like to see something to give us an indication on what we might be able to do to relieve some of the traffic because there are many things coming together in one spot and nothing is of higher concern than the safety of the children. Mr. McDuffie stated he is not opposed to 116 units or three stories but he believes it needs to be worked on. Mrs. Montague stated she supports the project but with conditions. She stated she has received and read all her emails. Mrs. Montague stated there is a lot of misinformation and stated for example there is a medical facility that is 29,571 square feet and she is hearing people talk about 65,000 square feet and this is what many people appear to believe. She stated at this point everyone should have an understanding that this is less than 30,000 square feet in terms of the medical facility. Mrs. Montague stated that a traffic study was done and she spoke to the Traffic Engineer and noted she has numerous concerns. She stated the ingress/egress from Linton Boulevard and what happens in the morning (6:45-7:20 a.m. when the children go to school) and noted it is about the same time that people would be leaving the residential component of this project. Mrs. Montague stated she believes there is a police officer that is stationed at Linton Boulevard that does traffic and suggested that an option may be to have a second police officer at the intersection inside. She stated the Commission would like the Planning Director and the developer to get together to find out what the options are. She stated she does not believe in a reduction in the preserved area because she expects at least 25%. For those homes abutting Hammock Reserve, this is something that she -13- 10/16/07 would like the Planning and Zoning Department to discuss to see how we soften the rooftops along there as well as build up a buffer along there. Mr. Eliopoulos asked Mr. Dorling about Ordinance No. 51-95 with regard to four units versus 65,000 square feet and for clarification on the 15 foot landscape buffer versus a 50 foot. The City Attorney stated the Quasi-Judicial Hearing on all these details that will go into the record that can be refuted and across-examination will be the second public hearing. She stated the Commission is getting into this level of detail and the Commission is almost starting aQuasi-Judicial Hearing without having one. The City Attorney stated they can request a quick answer. Mr. Dorling stated the 50 foot buffer is actually a 30 foot along Linton Boulevard and has been satisfied with the issue with Lake Worth Drainage District and the culvert of the canal. He stated the 1,800 trips is the daily trip generation rate for this project and the traffic study has been done. Staff has asked for additional information that is going to be forthcoming quickly on some distribution of that traffic and there has also been a detailed intersection analysis done at Old Germantown Road and Linton Boulevard. Mr. Dorling stated Ordinance No. 51-95 does not reference a number of units; the four units that are being discussed was a plan that accompanied it for a commercial operation on the Blood's Grove property itself. He stated it is referenced in the ordinance but there was a concept plan that was accompanying the land use action and it was not formally adopted in Ordinance No. 51-95 as specific numbers. Mrs. Montague moved to postpone Ordinance No. 31-07 on First Reading/First Public Hearing, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. At this point, the City Attorney explained that Items 10.B., 10.C., and 10.D. are individual contracts for the purchase of part of the retail space under the Old School Square Garage. All of these contracts have been advertised in accordance with the City's ordinances. 10.B. CONTRACT FOR SALE AND PURCHASE/CONDOMINIUM UNITS 1-9/ OLD SCHOOL SQUARE PARKING GARAGE PROPERTY/FAMILY GOURMET MARKETS, LLC: Consider approval of a contract to sell City owned property, condominium units 1-9, located on the first floor of the Old School Square Parking Garage at the southwest corner of N.E. 2"d Avenue and N.E. l5c Street, and Contract for Sale and Purchase between the City and Family Gourmet Food Markets, LLC in the amount of $3,600,000.00. The City Attorney stated this is a contract for sale and purchase of condominium units 1-9 put forth by Gourmet Markets, LLC and the contract price for all nine is $3,600,000.00. There is no listing broker and there are some contingencies -14- 10/16/07 (having condominium documents prepared). Staff is in the process of having the legal descriptions prepared and they are complex due to the garage situation. They would want to be assigned five (5) covered parking spaces located above the units and we can do de minimis allocations of parking through a license agreement so that the City has control over it because the City can only have de minimis private use of the garage portion. Mayor Ellis declared the public hearing open. Mitchell B. Kirschner, P.A., 1515 North Federal Highway, Suite #314, Boca Raton, FL 33432, stated Family Gourmet Markets, LLC is a real estate arm of Kings Markets in Boca Raton on Military Trail and have been there for approximately 30 years. He stated they recently made arrangements to move their current store to Powerline Road and they find that they have a large and loyal constituency among Delray Beach. He stated they would love to acquire all nine (9) units and it is their understanding that the City may be holding four (4) units for the Chamber of Commerce and if so they would be happy to acquire the other five (5) units. He stated what they are looking to do is have a village downtown market selling produce, seafood, flowers, fine wines, a cooking school, a cooking bookstore and the like. He feels Kings will be good for the downtown. There being no one else from the public who would like to address the Commission regarding the contract for sale and purchase for condominium units 1-9, the public hearing was closed. 10.C. CONTRACT FOR SALE AND PURCHASE/CONDOMINIUM UNITS 5-9/ OLD SCHOOL SQUARE PARKING GARAGE PROPERTY/FAMILY GOURMET FOOD MARKETS, LLC: Consider approval of a contract to sell City owned property, condominium units 5-9, excluding the western four (4) units. The property is located on the first floor of the Old School Square Parking Garage at the southwest corner of N.E. 2°d Avenue and N.E. 1St Street, and Contract for Sale and Purchase between the City and Family Gourmet Food Markets, LLC in the amount of $2,347,499.20. The City Attorney stated this is a contract for sale and purchase for condominium units 5-9 (does not include the western four (4) units) that maybe reserved for the Chamber of Commerce. The price is $2,347,499.20 for condominium units 1-5 excluding the western four (4) units. The conditions are basically the same as in Item 10.B. Mayor Ellis declared the public hearing open. Mr. Kirschner stated they can make this work within the five (5) units. He stated if you do a comparison their contract is approximately $100,000.00 in price which was suggested by the appraiser. They do not have a broker and they would take the building without floor and no build out. -15- 10/16/07 There being no one else from the public who wished to address the Commission regarding the contract for sale and purchase for condominium units 5-9, excluding the western four (4) units, the public hearing was closed. 10.D. CONTRACT FOR SALE AND PURCHASE/FIVE (5) CONDOMINIUM UNITS/OLD SCHOOL SOUARE PARKING GARAGE PROPERTY/DAVINCI CANDLE, LLC: Consider approval of a contract to sell City owned property, five (5) condominium units, excluding the western four (4) units. The property is located on the first floor of the Old School Square Parking Garage at the southwest corner of N.E. 2"a Avenue and N.E. 1St Street, and Contract for Sale and Purchase between the City and Davinci Candle, LLC in the amount of $2,244,600.00. The City Attorney stated this is a contract for the five (5) condominium units, excluding the western four (4) and the contract price is based on $215 per square foot on an estimated 10,440 square feet for a total of approximately $2,244,600.00. The City Attorney stated there is a brokerage fee and they did submit a letter indicating that they would take a dark shell so even though the contract is currently written it provides that the City would do some finishing. They have changed that by their letter. The City Attorney stated they are requesting ten (10) parking spaces; two per unit for the exclusive use of the buyer. The City Attorney stated the City could perhaps do ten (10) spaces but she wants to make sure the City has a license and something we can readily get out of should the City need to with its bonding. Mayor Ellis declared the public hearing open. Michael Weiner, Attorney with Weiner & Aronson, P.A., 102 North Swinton Avenue, Delray Beach (speaking on behalf of the potential purchaser), stated this gives the City the opportunity to have an international corporate headquarters in downtown Delray Beach, Florida. He stated there are hundreds of thousands of square feet of retail opportunities and there are almost no office opportunities and this provides an office opportunity for corporate headquarters. Ingrid Kennemer, 1045 East Atlantic Avenue, Suite #311, Delray Beach (Broker/Coastal Group, LLC) stated they have been looking for office space for this group for the last 6-8 months and are willing to pay a premium to be in the downtown corridor. She stated they are not willing to stay in Delray unless the City can afford them what they are looking for in the entire package. Michael Horvitz, 115 S.E. 4th Avenue, Delray Beach (managing partners for the bidder on the proiect Davinci Candle, LLC. and is also the President of Twin Star International), stated they have been in downtown Delray Beach for approximately three years. He stated they do not have the opportunity to do any further expansions within their building and they need the additional space. Mr. Horvitz stated they were bought by a private equity firm based out of Miami in May 2007 and they have required them to move into a larger headquarters to give them the ability to a multi-year expansion. He stated it is not an option for them to stay where they are or to -16- 10/16/07 find anything else in the downtown corridor unfortunately nothing else exists. Mr. Horvitz stated if there are any issues in the contract that need to be worked out they are ready and willing to do so. He stated they are a cash buyer and the only contingency in their contract is condominium documents because without them they do not know exactly what their rights and remedies are in the event something goes wrong. The City Attorney stated the legal descriptions are being formulated and the condominium documents are underway and staff knows they want to work with whoever they partner with on those documents so that those are satisfactory to them as well as the City. Mayor Ellis explained to the Commission that the City is trying to designate one of these contracts that we would like to move forward with negotiations on. Mr. Kirschner stated he appreciates that the competitive bidder is saying sell them this or they are going elsewhere. He stated this is such a terrific location with having the parking above it, being next to Old School Square, and right off the Avenue. He stated to put a static use in this building seems to be a misuse of a terrific asset. He stated they too are a cash buyer; however, a good bid higher. The City Attorney stated because there is not a concrete contract to approve at this point, staff is seeking direction on who to further negotiate with and come to a contract with. If the Commission feels that it is not appropriate to come to a contract with either of these two and they want a wider view, the City can go out for a Request for Proposal (RFP) which they have not done in this case but are not legally required to do. The City Attorney stated they have followed all their ordinance processes. This process developed like this because there was another potential buyer that was also involved in the old library site that would work perhaps in with the Chamber but they failed to submit a bid at the last minute. Mayor Ellis asked whose responsibility is it to provide the Chamber of Commerce a home. The City Attorney stated it is the responsibility of the old library group. Mrs. Montague asked where the City stands with that because the Chamber relocating here or staying where it is does make a significant difference on how this site is developed. The City Attorney stated she had a conversation with one of the principals in the old library site today and was informed that they want to commit to this. However, the City Attorney stated there is no document yet and staff is working with the them on a Chamber Relocation Agreement and when this is signed then the City will know what they would like to do. Mrs. Montague asked if staff has a timeframe on when we might know more as far as the Chamber's relocation. In response, the City Attorney stated staff does not have a specific timeframe. Mrs. Montague stated she has difficulty making a decision on the best direction for this site when she does not know where the Chamber is going to be and that is a significant part of what happens with either this site or the site on Federal Highway. Mrs. Montague stated this is one of the prime parcels in the City and is the -17- 10/16/07 heart of our downtown and we have not explored every option (although advertised but we have not gone out for an RFP). She stated because this is such a significant part of the City, Mrs. Montague stated she feels remiss not looking under every stone to find out what options we really do have in terms of redeveloping this site. Mrs. Montague asked what additional time would it add to this process if staff were to go out for an RFP. The City Attorney stated staff would have to formulate an RFP and noted that the Chamber might let the City know quickly whether or not they are going to be there. However, she noted that they will not actually start doing buildup, etc. that is contemplated in this move until closing which would occur after some approvals are obtained for the old library site with potential outside time of three (3) years from the date they enter into a contract with the Community Redevelopment Agency (CRA). Mr. McDuffie stated he thinks looking around it is a very interesting thing but at the same time he is cognizant of what the real estate market looks like right now. He stated although he feels the City needs to give the Chamber an opportunity he does not feel staff should give them too much longer especially since there are willing buyers right now. Mr. McDuffie stated he does not know what the timeframe is for these two organizations that have come before the Commission tonight but he does not want to drag this out to the extent that we lose the opportunity to entertain these buyers' offers. Mr. McDuffie stated he is willing to look but inquired how quick an RFP can be turned around. The City Attorney stated she feels you can turn an RFP around in approximately ninety (90) days. Mrs. Montague stated she feels that ninety (90) days compared to how long whatever the Commission decides will go there and how it is going to affect the entire downtown is worth it. Mrs. Montague stated she feels both offers are wonderful but she does not feel she is in a position to make a decision on either one until the City goes out for the RFP. She feels this would be a more fair process and long-term is to the benefit of the downtown. Mayor Ellis stated the City needs its money back on the investment of the garage. She stated the businesses are ready to make a move and noted these are buyable offers. Mayor Ellis stated the group that received the proposal for the old library site should not be stirring the Commission along. She stated the Commission kept waiting for a proposal where they indicated that they wanted to purchase this retail space and that they were not going to move the Chamber to this site and now they are moving the Chamber to this site. Mayor Ellis stated this is a logical destination for that group to move the Chamber to but there is 10,000 square feet of retail space. Mayor Ellis stated she feels these are good offers and she would support selecting one and starting negotiations. Mr. Eliopoulos stated he is looking at this from the environment that we are in. Mr. Eliopoulos stated he is leaning towards Item 10.B. Family Gourmet Food Markets and feels this would help the area and would start a domino affect. He stated the first group came in with an offer right up front and he supports moving forward with this. Mr. Eliopoulos stated should the Commission choose to go the other route as suggested -18- 10/16/07 by Commissioner Montague he would be fine with it; however, he feels sometimes it tends to backfire and noted that there is this space sitting there and the longer it sits the higher the cost for overhead and the more money the City is losing. Mayor Ellis concurred with comments expressed by Commissioner Eliopoulos. Mr. Eliopoulos moved to direct the City Attorney to negotiate a contract with Family Gourmet Food Markets, LLC (Item 10.C.), seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mrs. Montague - No; Mayor Ellis - Yes; Mr. Eliopoulos -Yes; Mr. McDuffie -Yes. Said motion passed with a 3 to 1 vote, Commissioner Montague dissenting. 10.F. ORDINANCE NO. 48-07: An ordinance amending Chapter 37, "Delray Beach Code Enforcement," of the Code of Ordinances by amending Section 37.45, "Supplemental Code Enforcement Procedures", Subsection 37.45(L), "Recovery of Unpaid Civil Penalties; Unpaid Penalty to Constitute a Lien; Foreclosure", to provide for the placement of liens due to unpaid citations. The caption of Ordinance No. 48-07 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 37, "DELRAY BEACH CODE ENFORCEMENT" OF THE CODE OF ORDINANCES BY AMENDING SECTION 37.45, "SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES", SUBSECTION 37.45(L), "RECOVERY OF UNPAID CNIL PENALTIES; UNPAID PENALTY TO CONSTITUTE A LIEN; FORECLOSURE", TO PROVIDE FOR THE PLACEMENT OF LIENS DUE TO UNPAID CITATIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 48-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 48-07, the public hearing was closed. Mr. McDuffie moved to adopt Ordinance No. 48-07 on Second and FINAL Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as -19- 10/16/07 follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. 10.G. ORDINANCE NO. 47-07: City initiated amendment to the Land Development Regulations (LDR), amending Section 1.4.1, "Interpretation of Land Development Regulations", Article 2.2, "General Provisions", Sections 2.2.1, 2.2.4, 2.4.3,7.1.3,7.8.9,7.8.12,7.8.14,7.8.15,7.8.16,7.8.17,7.8.18, 7.8.19, 7.8.20, 7.8.21, and 7.8.22 and repealing Section 2.25 and 7.8.13 to substitute "Board of Adjustment" for "Board of Construction Appeals". The caption of Ordinance No. 47-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 1.4.1, "INTERPRETATION OF LAND DEVELOPMENT REGULATIONS", SUBSECTION (A), "BUILDING REGULATIONS"; AMENDING ARTICLE 2.2, "ESTABLISHMENT OF BOARDS HAVING RESPONSIBILITIES FOR LAND DEVELOPMENT REGULATIONS"; AMENDING SECTION 2.2.1, SUBSECTION (A), "QUALIFICATIONS"; AMENDING SECTION 2.2.4, "THE BOARD OF ADJUSTMENT", AND REPEALING SECTION 2.2.5, "THE BOARD OF CONSTRUCTION APPEALS", IN ORDER TO COMBINE BOTH SECTIONS INTO A NEW SECTION 2.2.4, "THE BOARD OF ADJUSTMENT"; AMENDING SECTIONS 2.4.3; "SUBMISSION REQUIREMENTS", SUBSECTION (K)(1), "DEVELOPMENT APPLICATIONS", IN ORDER TO REMOVE REFERENCE TO BOARD OF CONSTRUCTION APPEALS; AMENDING SECTION 7.1.3, "BUILDING CODE", SUBSECTION (A), SECTION 7.8.9, "INVESTIGATION; NOTICE", SUBSECTION (A)(5), SECTION 7.8.12, "STANDARDS FOR DETERMINING ACTION TO BE TAKEN BY BUILDING OFFICIAL", AND REPEALING SECTION 7.8.13, "PROCEDURAL MATTERS, BOARD OF CONSTRUCTION APPEALS", AMENDING SECTION 7.8.14, "APPEALS, GENERALLY; BOARD OF CONSTRUCTION APPEALS", SECTION 7.8.15, "DECISIONS, GENERALLY", SECTION 7.8.16, "APPEALS, AUTHORIZED FORM", SECTION 7.8.17, "HEARING, FAILURE TO APPEAR AT HEARING, BOARD OF -20- 10/16/07 CONSTRUCTION APPEALS", SECTION 7.8.18, "RULES OF PROCEDURE FOR HEARING APPEALS, BOARD OF CONSTRUCTION APPEALS", SECTION 7.8.19, "STAYING OF NOTICE UNDER APPEAL TO BOARD OF CONSTRUCTION APPEALS", SECTION 7.8.20, "FAILURE TO COMPLY WITH FINAL ORDER OR DECISION", SECTION 7.8.21, "RECOVER OF COST OF DEMOLITION; LIENS", AND SECTION 7.8.22, "VIOLATIONS; PROVIDING FOR INDEPENDENT JUDICIAL PROCEEDING", IN ORDER TO SUBSTITUTE "BOARD OF ADJUSTMENT" FOR "BOARD OF CONSTRUCTION APPEALS"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 47-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this ordinance dissolves the Board of Construction Appeals and takes those duties and puts it in with the Board of Adjustment. At its meeting of September 17, 2007, the Planning and Zoning Board considered the text amendment and recommended approval with a 7 to 0 vote. Mayor Ellis declared the public hearing open. There being no one else who wished to address the Commission regarding Ordinance No. 47-07, the public hearing was closed. Mrs. Montague moved to adopt Ordinance No. 47-07 on Second and FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. AMENDMENT NO. 1/HISTORIC FACADE ARCHITECTURAL CONTROL AND REDEVELOPMENT EASEMENT: Approve Amendment No. 1 to the Historic Facade Architectural Control and Redevelopment Easement Agreement between the City and the Community Redevelopment Agency (CRA) providing that additional structures may be placed on the Cason Cottage property (Bungalow or Lavender Shutter Building) with the permission of the Community Redevelopment -21 - 10/16/07 Agency (CRA) in order to allow for the placement of the Hunt House on the property. 8.B. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. 8.C. RESOLUTION NO. 59-07: Approve Resolution No. 59-07 supporting the Carver Estates Revitalization Hope VI Grant application developed by the Delray Beach Housing Authority. The caption of Resolution No. 59-07 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, BY WHICH THE CITY COMMISSION OF THE CITY OF DELRAY BEACH HEREBY RESOLVES THAT IT ENTHUSIASTICALLY AND WHOLEHEARTEDLY SUPPORTS THE CARVER ESTATES REVITALIZATION HOPE VI GRANT APPLICATION DEVELOPED BY THE DELRAY BEACH HOUSING AUTHORITY TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (The official copy of Resolution No. 59-07 is on file in the City Clerk's 8.D. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.E. COASTAL PLANNING & ENGINEERINGBEACH RENOURISHMENT: Approve and authorize Coastal Planning & Engineering to proceed with the Two (2) Year Post Construction Physical Monitoring for the Beach Renourishment Project in the amount of $44,249.00. Funding is available from 332- 4164-572-31.30 (Beach Restoration Fund/Engineering/Architect). 8.F. EXTENDED WARRANTY/ZOLL MEDICAL CORPORATION: Approve a one (1) year extended warranty in the amount of $18,648.00 to Zoll Medical Corporation for fourteen (14) 12-Lead Defibrillator Monitors M Series Units. Funding is available from 001-2315-526-46.20 (General Fund/Equipment Maintenance). 8.G. ANNUAL PROJECT HOLIDAY/YOU ARE NOT ALONE ORGANIZATION: Approve a request to endorse the 2° Annual Project Holiday sponsored by the You Are Not Alone Organization and authorize City and staff support to assist with mailing packages to armed services personnel. -22- 10/16/07 8.H. SPECIAL EVENT REQUEST/HOLIDAY PAGEANT PARADE: Approve and endorse the Annual Holiday Pageant Parade co-sponsored by the Parks and Recreation Department and the Chamber of Commerce to be held on December 8, 2007 beginning at approximately 6:00 p.m., granting a temporary use permit per LDR Section 2.4.6(F) for the closure and use of Atlantic Avenue from Gleason Street and Andrews Avenue to N.W. 1St Avenue for parade route; Miramar, Lowery, Gleason and Andrews for parade set up from approximately 4:00 p.m. to 6:00 p.m.; and authorize staff support for traffic control and security, EMS assistance, barricade set-up/removal, trash removal/clean up, and processing of the FDOT permit. 8.I. SPECIAL EVENT REQUEST/ HOLIDAY TREE LIGHTING/ART & JAZZ ON THE AVENUE: Approve and endorse the Holiday Tree Lighting and Art & Jazz on the Avenue scheduled for November 29, 2007 from 6:00 p.m. to 10:00 p.m.; granting a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton Avenue to N.E./S.E. 7th Avenue; to the alley north of Atlantic Avenue on N.E. 1St Avenue, N.E. 2"d Avenue, Railroad Way, and N.E. 4th Avenue; from Atlantic Avenue to the alley south on S.E. 1St Avenue, S.E. 2°d Avenue and S.E. 4th Avenue; and authorize staff support for security and traffic control, banner hanging/removal, barricade set-up/removal, trash removal, clean up assistance, and use/set up of the new City stage. 8.J. HOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve two (2) Housing Rehabilitation grant/contract awards through the Community Development Division in the amount of $31,862.25 to Cordoba Construction Co. Inc., and in the amount of $33,967.50 to Ray Graeve and Sons Construction. Funding is available from 118-1924-551-49.19 (State Housing Initiatives Partnership (SHIP) Program/Housing Rehabilitation) and 118-1963-554-49.19 (Community Development Fund/Housing Rehabilitation). 8.K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 1, 2007 through October 12, 2007. 8.L. AWARD OF BIDS AND CONTRACTS: 1. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A. 2. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A.A. 3. Purchase award to American Traffic Products and Services in the amount of $20,455.70 for the City's yearly supply of signs and sign supplies. Funding is available from 001-3141-541-52.20 (General Fund/General Operating Supplies). - 23 - 10/ 16/07 Mr. McDuffie moved to approve the Consent Agenda as amended, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 11.A. City Manager's response to prior public comments and inquiries. inquiries. The City Manager had no response to prior public comments and 11.B. From the Public. 11.B.1. Alice Finst, 707 Place Tavant, Delray Beach, stated she has spoken to the Commission before about how important it is in letting the public know about what is going on. She stated the Commission had the opportunity tonight to let the public know what is going on out front and in the First Floor Conference Room in the back. She stated the speaker in the First Floor Conference Room is not at its maximum. Mrs. Finst stated the Commission had the opportunity because they have a computer sitting at the front desk to lift it up to the counter and turn it on and people in the lobby could have watched the meeting on the computer and this way the public could have seen what was going on during the meeting. She commented that the speakers outside the door do not seem to be working at all. Mrs. Finst stated the Commission would have had the opportunity for the public to follow the meeting and also place another computer in the First Floor Conference Room and people could have watched the meeting in there also. At this point, the Commission moved to the Regular Agenda. 9. REGULAR AGENDA: 9.A.A. GRANT APPLICATIONS/FLORIDA DEPARTMENT OF STATE/DIVISION OF HISTORICAL RESOURCES: Authorize staff to submit two (2) grant applications to the Florida Department of State, Division of Historical Resources for funding in the amount of $25,000.00 to resurvey four (4) historic districts (Del-Ida Park, Nassau Park, Old School Square and West Settlers Historic Districts) and purchase ten (10) State Historical Markers. Mrs. Montague stated there are five (5) historic districts and asked for an explanation for the sake of the public as to why this is referring to only four (4) historic districts. Paul Dorling, Director of Planning and Zoning, stated the Marina Historic District is currently being surveyed at no cost to the City by some people who live in the district and then it is going to be sent and reviewed by Ellen who is on the Historic -24- 10/16/07 Preservation Board and then it will be sanctioned by the State of Florida. Staff is being careful to make sure that what is being generated is going to be acceptable to the State. Mrs. Montague moved to approve to authorize staff to submit two (2) grant applications to the Florida Department of State, Division of Historical Resources for funding in the amount of $25,000.00 to resurvey four (4) historic districts (Del-Ida Park, Nassau Park, Old School Square and West Settlers Historic Districts) and purchase ten (10) State Historical Markers (formerly Item 8.D.), seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague - Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 9.A.A.A. RENEWAL OF LEASE AGREEMENT/DELRAY BEACH HISTORICAL SOCIETY/CASON COTTAGE PROPERTY: Approve the renewal of the lease agreement between the City and the Delray Beach Historical Society for the Cason Cottage Property. Mr. Eliopoulos stated Item D in the agreement (To Keep in Repair and in Good Condition) and asked Mr. Hasko who is responsible for taking care of some of these historic structures as he took a tour of many City buildings. Mr. Eliopoulos would like to get a clear definition of what they are required to do versus what the City might be doing. He commented about the Sandoway House and what he is hearing from some of the City staff is that when it comes to maintenance, they are given certain direction sometimes by some of the historians. Mr. Eliopoulos stated he is seeing a lot of continuing repairs going on and feels we should focus on some of these structures and cut down on the maintenance if they are maintained the proper way. Mr. Eliopoulos suggested educating them about how they are going to take care of the building because many times it is a lack of communication or education on what is the proper way. Prior to the vote, Mr. McDuffie stated we discussed this with some of the other historic structures that he had taken a look at the disrepair of these structures. He asked Mr. Dorling if he was interjecting something into the new guidelines that had to do with maintenance and repair of these structures. Mr. Dorling stated it is a modification that declares that if you do not maintain a structure it is a nuisance and then there is a fining process that is attached to that (for privately owned property). Mr. McDuffie concurred with comments expressed by Commissioner Eliopoulos and stated he too has found buildings in the City that are not maintained as they should be. Mr. McDuffie stated he understands we are in a money crunch; however, he would like to see us maintain the buildings early and not have to repair them at a higher expense later on. Mr. Eliopoulos moved to approve the renewal of the Lease Agreement between the City of Delray Beach and the Delray Beach Historical Society for the Cason Cottage Property (formerly Item B.B.), seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis - Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. -25- 10/16/07 9.A.A.A.A. Purchase award to Ten-8 Fire Equipment, Inc. of Bradenton, Florida/Pierce Manufacturing, Inc. in the amount of $469,778.00 for the purchase of one (1) Pierce Manufacturing, Inc. Custom Heavy Duty Pumper for the Fire Department. Funding is available from 501-3312-591-64.25 (Central Garage Fund/Heavy Equipment). Mr. Eliopoulos expressed concern of the cost and asked Fire Chief James if this pumper is actually something we really need today or something we can live without. Mr. Eliopoulos asked how this will help the Fire-Rescue Department. In response, Fire Chief James stated this is replacement recommendation for replacement based on the industry standards for replacement of an emergency response vehicle. This vehicle is 15 years old and as such it suffers a number of repairs that is costing more to keep it than to trade it in. In addition, Chief James stated new technology has emerged that is available on the new pumper and it will be more efficient. He stated a pumper is a fire apparatus that is used to put out a fire. The City Manager stated this is the Florida State Sheriff's Association which is a statewide contract. In 1992 as part of the Decade of Excellence Bond Issue, the City Manager stated the City of Delray Beach bought three (3) pieces of large fire equipment (two pumpers and a ladder) and one of the things the City is trying to do is not purchase these with bond funds but to purchase them out of vehicle replacement and spread them out because the vehicle replacement fund could not afford to buy three of them in one year. The City Manager stated this is the first one and the others will come along in later years. As far as road miles, the City Manager stated particularly if fire vehicles are at a fire they have a lot of usage and engine running even when they are not generating road miles. However, there is wear and tear on the engine and other equipment that is associated with the truck. Mr. Eliopoulos moved to approve Item 9.A.A.A.A. (formerly Item 8.L.1.), seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. The City Manager stated all vehicle replacements including these are funded from the money that is generated from vehicle rentals. In theory, the City Manager stated all of the City vehicles are owned by the City Garage and they rent them to the operating departments. Those rental charges go into a pot which is the Vehicle Replacement Fund and that is what is being used to pay for these two replacements. 9.A.A.A.A.A. Purchase award to Hall-Mark Fire Apparatus of Ocala, Florida in the amount of $214.741.37 via the Florida Sheriff s Association, Bid #OS-06-0823 for one (1) 2008 Custom Rescue Transport Unit for the Fire Department. Funding is available from 501-3312-591-64.25 (Central Garage Fund/Heavy Equipment). -26- 10/16/07 Mr. Eliopoulos asked what this vehicle does and inquired about the $97,000.00 in upgrades. In response, Fire Chief James stated the basic price is basically for the shell and the upgrades allow the Fire-Rescue Department to bring the vehicle up to standards based upon their type of operation which is an advanced emergency medical service system. Fire Chief James stated with that it allows the Fire-Rescue Department to equip the vehicle up to the standards needed to provide that type of service. He stated the vehicle is an advanced life support rescue unit. Mrs. Montague moved to approve Item 9.A.A.A.A.A. (formerly Item 8.L.2.), seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. 9.A. REQUEST FOR IN-LIEU PARKING SPACES/ONNEN DISASTER AND RECOVERY CENTER: Consider a request from the Onnen Disaster and Recovery Center for the purchase of three (3) in-lieu parking spaces in the amount of $46,800.00 to accommodate a proposed 4-story mixed use building containing 9,361 square feet of office space and one (1) residential unit on the fourth floor. The Onnen Disaster and Recovery Center is located at 234 N.E. 4th Avenue. (Quasi-Judicial Hearing) Scott Aronson, Parking Management Specialist, stated this item is for approval of a request from the Onnen Disaster and Recovery Center for the purchase of three (3) in-lieu parking spaces to accommodate a proposed 4-story mixed use building containing 9,361 square feet of office space and one residential unit on the fourth floor. The Onnen Disaster and Recovery Center is to be a hurricane hardened facility with back up generator power to be located at 234 N.E. 4th Avenue. The proposed office use will primarily serve as a data storage center (50% of the space) for computer equipment intended to store data for off-site corporations. The balance of the space will be offices which will be utilized on a limited basis. The required parking for the development proposal is 1 space per 1,000 square feet of warehouse plus 3 spaces per 1,000 square feet for attendant offices. Utilizing these parking generation rates, the total required parking for the project is 22 spaces including the required spaces for the residential unit. The project is providing 19 of the 22 required parking spaces on-site. The applicant is requesting to purchase three (3) in-lieu parking spaces at a cost of $15,600.00 per space for a total of $46,800.00. In accordance with LDR Section 4.6.9(E)(3), the total fee of $46,800.00 will be paid via an in-lieu of parking fee payment agreement, which requires 50% payment upon signing of the agreement and two subsequent payments of 25% on the second and third anniversaries of the agreement. The provision of parking in this case supports the Delray Beach Downtown Master Plan. At its meeting of September 25, 2007, the Parking Management Advisory Board (PMAB) reviewed the request and recommended approval; at its meeting of July 9, 2007, the Downtown Development Authority (DDA) reviewed the request and recommended approval of the original request for 19 in-lieu spaces; at its meeting of October 8, 2007, the DDA accepted the update presented by staff specifically noting a -27- 10/ 16/07 reduction to 3 in-lieu spaces; at its meeting of October 11, 2007, the Community Redevelopment Agency (CRA) considered this item and recommended approval. Staff recommends approval of the applicant's request. At this point, the City Attorney stated although this is aQuasi-Judicial proceeding, it is not necessary to read the Quasi-Judicial rules because this is a very limited scenario and this is the last one; however, the City Attorney asked the Commission to disclose their ex parte communications. Mr. McDuffie and Mrs. Montague stated they had no ex parte communications to disclose. Mayor Ellis stated she spoke with Mr. Onnen in reference to this being a hardened IT building and that we are proposing one in the City and spoke about the possibilities some time ago. Mr. Eliopoulos stated as a liaison for the Parking Management Advisory Board he was at the meeting and part of the presentation. Janet Whipple, Acting City Clerk, swore in those individuals who wished to give testimony on this item. Tom Stanley, 50 N.E. 5th Avenue, Delray Beach (Attorney for the Applicant), distributed athree-D sketch of the building to the Commission and stated it is a beautiful building considering what its intended use is. Mrs. Montague inquired about the elevator. Mr. Stanley stated there is an elevator as part of the plans and two stairwells. Mayor Ellis asked if anyone from the public would like to speak in favor or in opposition of this item, to please come forward at this time. There being no one else from the public who wished to address the Commission, the public hearing was closed. There was no cross-examination or rebuttal. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Eliopoulos moved to approve the Board Order as presented, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Eliopoulos - Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. 9.B. AGREEMENT/HORSE DRAWN CARRIAGES, INC.: Consider approval of an agreement between the City and Horse Drawn Carriages, Inc. to provide horse and carriage rides along Atlantic Avenue and N.E. 2"d Avenue as specified from November 1, 2007 through May 30, 2008. Robert A. Barcinski, Assistant City Manager, stated the Commission is requested to approve an agreement between the City of Delray Beach and Horse Drawn -28- 10/16/07 Carriages, Inc. to provide service along Atlantic Avenue and N.E. 2"d Avenue from November 1, 2007 through May 30, 2008. The route would be along Atlantic Avenue, with pick up and drop -off points at the Marriott Atlantic Avenue entrance, to two (2) parking spots on the south side of Atlantic Avenue adjacent to Worthing Park. The proposed schedule of service is as follows: from November 1, 2007 through November 27, 2007, Wednesday through Saturday, from 5:30 p.m. until 11:00 p.m., weather permitting; and from January 7, 2008 through May 30, 2008, Wednesday through Saturday, from 5:30 p.m. until 11:00 p.m., weather permitting. Ten percent of the gross revenue received would be donated to the Downtown Marketing Cooperative to offset cash costs for putting up the Holiday Tree. Staff recommends approval contingent on the receipt of the required Certificate of Liability Insurance. Mrs. Montague moved to approve the Agreement between the City of Delray Beach and Horse Drawn Carriages, Inc., seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passes with a 4 to 0 vote. 9.C. REJECTION OF BIDS/DELRAY BEACH SWIM AND TENNIS CENTER WEST PARHING LOT PROJECT: Consider rejection of all bids received for the Delray Beach Swim and Tennis Center West Parking Lot Project; and authorize staff to re-advertise for competitive bids. Richard Hasko, Director of Environmental Services, stated this is a request from staff for Commission to consider rejection of all the bids for the paving of the Delray Beach Swim and Tennis Center West Parking Lot Project. He stated these bids were opened on September 6, 2007 and there were three bidders. At the time, Mr. Hasko stated staff evaluated the bid proposals and the low bidder All-Rite Paving had neglected to acknowledge the receipt of Addendum #1. He stated when this was brought to the Commission on October 2, 2007 staff was recommending a waiver of that irregularity in that staff s research showed that the low bidder was in attendance at the pre-bid meeting and Addendum #1 was distributed to everyone who attended the meeting. On October 2, 2007, the City Commission requested to be provided with Addendum#1 and when staff was putting together the information they got further into a detailed review of the bids (i.e. quantities, line items, and units) to make sure there were no discrepancies. Mr. Hasko stated staff discovered some irregularities going back to some portions of the bid documents and the measurement and payment section. Staff found some inconsistencies in the documents themselves. He stated taken individually they are very minor but when he saw 2 or 3 of them he did not feel comfortable with staff's prior recommendation nor did he feel comfortable going with the second bidder. Mr. McDuffie moved to approve rejection of all bids received and authorize staff to re-advertise the project for competitive bids, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. -29- 10/16/07 9:D. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing Authority for a four (4) year term ending October 27, 2011. Based upon the rotation system, the appointment will be made by Mayor Ellis (Seat #5). Mayor Ellis stated she would like to defer her appointment to the next regular meeting of November 6, 2007. 9.E. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint four (4) regular members to the Neighborhood Advisory Council for Zone 1, Zone 2, Zone 3 and Zone 4 to serve three (3) year terms ending August 31, 2010 and one (1) At Large Representative to serve a three (3) year term ending August 31, 2010. Based upon the rotation system, the appointments will be made by Commissioner McDuffie (Seat #3), Commissioner Montague (Seat #4), Mayor Ellis (Seat #5), Commissioner Eliopoulos (Seat #1) and Commissioner Fetzer (Seat #2). Mr. McDuffie moved to reappoint Gaston Joseph as a regular member to the Neighborhood Advisory Council for Zone 1 to serve a three (3) year term ending August 31, 2010, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. Mrs. Montague moved to appoint Jennifer Witt as a regular member to the Neighborhood Advisory Council for Zone 2 to serve a three (3) year term ending August 31, 2010, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. Mayor Ellis stated she wished to reappoint Linda Leib as a regular member to the Neighborhood Advisory Council for Zone 3 to serve a three (3) year term ending August 31, 2010. Mrs. Montague so moved, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. Mr. Eliopoulos moved to appoint Harold Van Arnem as a regular member to the Neighborhood Advisory Council to serve a three (3) year term ending August 31, 2010, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. Commissioner Fetzer's appointment will be deferred until the next regular meeting of November 6, 2007. At this point, the Commission moved to Item 9.F., Designation of Voting Delegate/National League of Cities Annual Business Meeting/Congress of Cities. -30- 10/16/07 7.F. DESIGNATION OF VOTING DELEGATE/NATIONAL LEAGUE OF CITIES ANNUAL BUSINESS MEETING/CONGRESS OF CITIES: Consider designating a voting delegate and an alternate to the National League of Cities Annual Business Meeting/Congress of Cities to be held at the Ernest N. Morial Convention Center in New Orleans, Louisiana on November 17, 2007. Mr. McDuffie stated he has to check his calendar regarding his schedule before he volunteers. The City Attorney stated the Commission can appoint Mr. McDuffie subject to him deciding to attend. Mr. Eliopoulos moved to appoint Commissioner McDuffie as voting delegate and an alternate to the National League of Cities Annual Business Meeting/Congress of Cities should he decide to go, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated last Friday he attended the League of Cities Legislative Committee Meeting and commented he is on the Home Rule Administration Council. He stated they discussed priorities and there is a statewide Fireworks Task Force that is working on some legislation to try and improve fireworks regulations. The City Manager stated they would like for cities to have more authority to regulate fireworks. The fireworks industry wants to pre-empt everything by the state. He stated transportation funding was also discussed and the League did report that, in concert with others, they felt they had some success in the special session on the budget because the Governor's initial proposal was to take $200,000,000.00 out of the Transportation Trust Fund this year and the subsequent four years for a total of a $1,000,000,000.00. For this year that did not happen. The City Manager stated with the increasing cost of construction a lot of projects in the state's five-year work program for road construction have ended up being deferred for as long as 5-6 years. In some cases, the state has actually bought right-of--ways and stopped the project so there is nothing left but a blighted area with nothing happening. The City Manager stated the League is trying to get some legislation to require Florida Department of Transportation (FDOT) to better coordinate and give the Metropolitan Planning Organization (MPO) more authority in determining what projects are delayed, and also require that when a project is delayed nothing else can be done until they finished those delayed projects. He stated there was a lot of discussion regarding the red light cameras and noted that there is a proposed bill that the fine would be $125.00; $65.00 would go to the trauma center fund and the City -31- 10/16/07 would receive $30.00 and the rest would go to County and court costs, etc. The City Manager stated another priority issue that our County has not had, is a dispute over Certificates of Public Convenience and Necessity which allow for Emergency Medical Service (EMS) transport which is a big issue in some counties. He stated in Volusia County the County is using it to try and force cities to do closest unit response outside their city limits. The City Manager discussed some of the things that were not priority issues that came up, and commented that some of the cable companies around the state are starting to take advantage of the legislation which passed this past year that took away the City's authority to negotiate any kind of franchise agreement with cable companies. He stated Bright House, which serves the central Florida area and the St. Petersburg market are moving all the government channels to High Definition (HD) which means if you do not go out and buy a converter to put on television you cannot watch it. He stated in some other markets there are cable providers that are putting the government channels in the upper tiers, so unless you purchase the second or third tier of cable service you do not get government channels. He stated everyone is scrambling to meet the other requirement that you have at least five hours per day of original programming and you can repeat it; you have to have ten hours altogether but you can take the five hours and run it twice. The City Manager stated there was an article in the Palm Beach Post about local cities struggling with this issue. He stated those are things that are happening that validate the City's decision to go with video streaming over the web versus cable television. The City Manager stated there is currently a State law concerning dogs in which you cannot have an ordinance that applies to a particular breed. There is an effort now because of problems in a number of cities to change that phrase out of the law so that you would be able to have special regulations for specific breeds or even ban them within the city limits. The City Manager stated the meeting was very productive and the next meeting will be held on November 8-9, 2007 to finalize the legislative policy. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Eliououlos Mr. Eliopoulos stated it appears that he and Commissioner McDuffie may be in competition as liaisons for one of the School Advisory Committees. He stated he would be happy to change schools with Commissioner McDuffie so that he can work with his wife Alice. Secondly, he commended the Mayor and Commission for handling tonight's meeting very well. -32- 10/16/07 13.C.2. Mr. McDuffie Mr. McDuffie stated he is more than happy for Commissioner Eliopoulos to keep watch over Mrs. McDuffie at S.D. Spady Elementary School and he will stay right where he is at Banyan Creek Elementary School. Secondly, Mr. McDuffie stated there was a question that came up that he promised he would present regarding personal property numbers which were sent to the City Manager to show what would happen to the taxable value of personal property in Delray Beach, should the legislation pass, that exempts the first $25,000.00. The City Manager stated he has received this and the Finance Director has had his staff calculate the impact and this has been emailed to the Commission. Mr. McDuffie stated the good news for most everyone across the county is when you exempt personal property accounts below $25,000.00 you do not lose much taxable value. He stated all the value is in the big companies such as Bellsouth, FPL, and Xerox leasing companies. Mr. McDuffie stated the impact will not be as great on personal property as it will be on the real property. Mr. McDuffie commented about Rosemont Park and stated the people in the community are thrilled. He stated it was a pleasure to be there, and wonderful to see the appreciativeness that the neighbors expressed. The Community Redevelopment Agency (CRA) did a great job and stated it is a beautiful strip of land. Mr. McDuffie stated he spoke to his wife and told her tonight that it would probably be the most difficult Commission meeting that he had ever been through. He stated it turned out not to be so, and extended a kudos to everyone for taking on a very difficult situation. 13.C.3. Mrs. Montague Mrs. Montague stated the City passed the contract for the Horse Drawn Carriages, Inc. and noted that it is immensely popular and successful. She would like to start discussions in the coming months when it is time for another approval to look at extending this west of Swinton Avenue. She suggested going 2-3 blocks past Swinton Avenue and maybe even go as far as 5th Avenue to include that because this is part of the downtown. Mrs. Montague asked the City Manager to pass this along to Mr. Barcinski and he can work something up with Marjorie Ferrer regarding this issue. Secondly, Mrs. Montague stated she received a telephone call from the Supervisor of Elections office trying to make arrangements at the Delray Beach Library for early voting. She stated the office was quoted very high numbers and since in her opinion she feels early voting is so critical, she is hoping that we can intervene and work up a number that is suitable to work within the budget of the Supervisor of Elections and also satisfies the needs of the library, Board and staff. Mrs. Montague stated the library is in the center of the town and voting is not a private event; and this way people from the northwest, southwest, northeast and southeast have access to that location. Mrs. -33- 10/16/07 Montague asked the City Manager to contact those people he would need to talk to see if there is a solution. Mrs. Montague stated the library is suffering financially because they did not get any increase in funding and they have had a tremendous increase in usage so they feel that they can generate more revenue in other ways. Mrs. Montague commended the Mayor, the Commission and the group of people who attended this evening. She stated the evening was handled beautifully. 13.C.4. Manor Ellis Mayor Ellis stated she spoke to Dan Murtagh, Chairman of the Board for the Delray Beach Library, who stated that the $500.00 a day charge for using the facility as a precinct was a discount from what they normally receive for this room and would require that days the library would be closed, would have to remain open in order to accommodate the voting. She stated that the Board felt that the Supervisor of Elections should ante up but there also does appear to be a rule that says that early voting can only be at the Library or City Hall. Mayor Ellis stated she has not been able to confirm that. The City Manager stated he called the Supervisor of Elections this afternoon and left a voice mail because he was not able to confirm. She commented about the Downtown Marketing Cooperative (DMC) Holiday Season Plans Presentation which was given this evening and wanted the Commission to get a glimpse of what the DMC does with the downtown. Mayor Ellis stated this was the presentation that she, Diane Colonna, and Marjorie Ferrer made in New York at the International Downtown Association. They were presenters that got to share what Delray Beach's downtown was all about. Mayor Ellis noted there were 1,500 people from all over the world who were interested in developing their own downtowns. Mayor Ellis stated she attended the Multi-Cultural Festival with Commissioner Montague. Fire Chief David James and Police Chief Larry Schroeder were cooking hamburgers and hotdogs. She stated it was a great turnout and a very pleasant day. Mayor Ellis stated if you have e-mailed her, she has 600 plus emails left on her computer so please be patient. The City Manager stated he read recently about one company where they declared every Friday as an e-mail holiday. Mr. McDuffie stated you can get a decibel meter tripod that will output to a computer and record length of time for decibel fluctuations. You can also put a camera to it so you can record the decibel spike and what caused it. Mayor Ellis stated this is not approved by the State and it has to be approved by the State. She hopes the solution will present itself. Mr. McDuffie stated he found that they did things in Daytona similar to what the City of Delray Beach has done and commented about Bike Week. He stated people come from all over the United States to attend Bike Week in Daytona. -34- 10/16/07 There being no further business, Mayor Ellis declared the meeting adjourned at 9:52 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 October 16, 2007, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. -35- 10/ 16/07 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA IN LIEU PARKING FEE REQUEST FOR ONNEN DISASTER AND RECOVERY CENTER ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This in lieu parking fee request has come before the City Commission on October 16, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in lieu parking fee request for the Onnen Disaster Recovery Center. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. 1. IN LIEU PARKING FEE: Pursuant to LDR Section 4.6.9(E)(3), when additional parking is required for a change of use and it is impossible or inappropriate to provide such parking the City Commission may approve the payment of an in lieu fee rather than provide the required parking. Does the In Lieu Parking Fee request for three spaces meet the requirements of LDR Section 4.6.9(E)(3) and the conditions, if any, listed below? Subject to entering into an In-Lieu Parking Agreement acceptable to the City. Yes X No 3. The City Commission hereby finds that the In Lieu Parking Fee Request meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the conditions listed above, if any, and the City Commission has applied the Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 1 l~~n q.A 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves X denies the in lieu parking fee request as set forth above. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 16~' day of October, 2007, by a vote of 4 in favor and 0 opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Clerk 2 MEMORANDUM TO: MAYOR AND CITY GOMMISSIONERS FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER ~%~ DATE: OCTOBER 31, 2007 t SUBJECT: ACCEPTANCE OF A RIGHT-0F WAY DEED. SIDEWALK EASEMENT AND ITEM BEFORE COMMISSION The action requested of the City Commission is acceptance of righ# of way (5'6°), sidewalk easement (5'), and a sidewalk deferral for 1119 Nassau Street. The property is located on the north side of Nassau Street between South Ocean Boulevard and Gleason Street, within the Nassau Street Historic District. BACKGROUND At its meeting of September 19, 2007, the Historic Preservation Board (HPB) approved a Certificate of Appropriateness for 1119 Nassau Street, subject to conditions, which included recordation of a five foot, six inch (5'6°) right-of-way deed and dedication of a five foot (5') sidewalk easement along Nassau Street. The request was in connection with approval of a one- story rear addition on a contributing property. The existing right-of--way width for Nassau Street, adjacent to the subject property, is 19' whereas the required width is 60'. For existing streets, reductions in right-of-way width may be granted by the City Engineer upon a favorable recommendation from the Development Services Management Group (DSMG). The DSMG reviewed the subject application at its meeting of September 13, 2007 and approved arigh#-of--way reduction from sixty feet (60') to thirty feet (30'). Therefore, the applicant was required to dedicate five feet, six inches (5'6"), (one-half of the 11' additional right-of-way), and provide an additional five foot (5') sidewalk easement. A deferral of the sidewalk improvement was also supported by DSMG. This dedication and easement are shown on the attached survey. The City Attorney has reviewed the right-of--way deed, sidewalk easement, and deferral agreement for legal sufficiency and form, and determined it to be acceptable. By motion, accept the five foot, six inch (5'6°) right-of-way deed, five foot (5') sidewalk easement, and approve the sidewalk deferral agreement associated with 1119 Nassau Street. Attachments: ^ Location Map ^ Right-of--Way Deed ^ Sidewalk Easement ^ Sidewalk Deferral Agreement a ~ > ~ a ~- Q ~ _¢ o ~ a ~ o Q ltJ MIRAtaAR ~ DRIVE ~ z r- a Q a a7 ~ a Q ~ O cacaNUT Row E- lNGRAHAM ~ OCEAN TERR. ~ n~1 V ~ s r. v ~- '^ z ~` v , W Z Q ~ AY STREET U ~' r.. Q LANCER WAY Z CA UA INA rr o z ~ o a i= W {yZ~ 7 z BUgDA RD. J W ~ ~~ Z O f! ~~ Q T r p N N 11'l9 NASSAU STREET ~` sue~ECr PROPERTY CITY OF DEIRAY BEACH, Fl LOCATION MAP PU1NNlNG R ZONtNG DEPARTMENT _ -- DM,ITAL xASE MAP SYS7EAf -- MAP R'EF: S:\Planning di Zoning\OBMS\Fle-Cab\Z-LM 1001-1500\EM1036_7119 Nossau Street Prepazed by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 PIN # RIGHT-OF-WAY DEED THIS INDENTURE made this ~s~ day of dc-_ 2007 between ~ L, ~/~txc~~ , with a mailing address of 1l /9~,~j/,~s¢k J~~sz,o-trt ~,~~.~ as parry of the first part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. lst Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH: That said party of the first part, for and in consideration of the mutual pxamises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following-described land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: See Exhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to the parry of the second part, its successors and assigns, aright-of-way and easement in and to said lands for public highway, street, and public utility purposes and the maintenance thereof; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revest in the parry of the first part or assigns, except that the easement for public utility purposes shall remain until released. That this right-of--way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this right-of--way. The parry of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful clauns of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described right-of--way and that the same is unencumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singulaz the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest, and claim whatsoever of the said parry of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. Signed, sealed and delivered in the nce of: a~ {N a printed or typed) s (Name p ted or typed) PARTY OF THE FIRST PART By ~,e~~ 1r~ ~~~ (Name printed or typed) (Address) STATE OF ~.~,~~p,a. v COUNTY OF ~~ti The foregoing instrument was acknowledged before me this ~ day of ~y , 200_7, by ~;~'.~ ~~ G- „ G~.~-c.~ who is personally lmown to me d as identification. 1 ROGER A. ZOAIA igna of No ublic - MY GOMM1SS10N ~ ofls54555 State o Florida EXPIRES March 22, 2041 I'•.,,oFi~;,•` ptortdaNotarY~ke.oom (~p7j 38&01 s3 2 rd Nr+~p ~~ ~~ `~ 1- ~ ~ ~ $ 30qq ~ ~ ~Q _~ 8 .~~ ~v p.~ zg Ve W „u„ x ~< _ ~ g$ ~ ~ 3 ~ ' _.._ _ ._ r :xb ~ ~ ~ - ~ .'i. J r. ~. n y~y ~ ~ n ~ Y ~ H _ ~ 0 a ~ ~ W N J 4 x j O ~ ~ 7d1Sdp ~d , _ ~1N1... H ~I QY ~ 8 Iq Om Q r ~^~ a"ic° msg . .. O p •:r z ~ _ a~ y~ Z d fN/IS X ~ F~ ' v Vdp ~ ~ N W ~ ~~ ~~~~ ~ N = o ° ~ P~ °ss - t- o ~ i - - - - ~ ~ c .r (QAO/l77, ` ~ ~ ~' 1o7,~i~ 2'.~Oi ~ ~ o M . , " ~°~ o ~~ 1 r f J r v 4~,°0'0N z. ~ ~ ~~ ~~~ ~ ~~ ~. W~~ . o~~ ~T-~N Yo zri ~~ ~a~ 'F ~ ~=O ~ ~~a N a zmw~ H ~~ N = ~' ~~~~ K ~ ~~~~ p ~urJ W3 J SCO~~ [J ~ s-~iu 1 N O ~a~ ~. K ~Ec~~~ ~ ~n uo ~ C7 ~ ° p 1~ o i '&'&Y i~~ z N j ,j °~g3~ ~ >-- z 3 b \~ ~~WUS ~ ~ ~ ~ W f y N ~ ~~Oj Z <~~ ~8 i w ~ ~ ~ O C ~_ '~ ~ m O g <~W „ 3 ~ $ ~~ m r ~ 2 r K ~ ~~ ~ w U m ~ ~ ~ 5g~ ~'~ w ~ ~ 0 ~ W 1 • -~ 0 ~ ''E~~' wvl ~ ~ N T y~~ y ~ YjI ZM~S N 1~ y ~TNNTi• ~ •~f o~o$` Q~maffi~ ' h ° ' ~ $~~ ~W . ~• ~ C _~~~'~ ~3~Sr~.~~~ F ^~ i ~~~~n. ~o>t~ ~ ~~s~m m~~~`~~, o ~ ~ ~~ n°~'~ ~ $79. ~~ ~~82ywt~~ N ~~~0~ ~~~yl ~'~ ~~$~~ ~ ~~~ ~ ~ , ~n Z ~~~~~ ~ Ci~ g~~3 ~y 4zN!i~S5.,RE[F{ ~ ~ s 3~ ~•'• .~~ `~ ~ iF' c ~ ~ a 8 a a c~i ~ ~ y e ~ ~ zw~P~~° ~. i ~ ~Q~~~ ~ '''~o~~ 1 ~o~~g H I ~ c°v~~'"2~`b W :t F 0.U '$' rn a rn :a C7 ~ [~ ~. ~ w ~; ~ "'~ ~ ~o~~a a ~ Nm o~ ~~' W~Z a: w jta- 1 HF9yo °~ o ~z ~ ~~~~~ ~ x s~ ~ o~~gag~ ~ I O 'ao"aa~ w E. ~ ~Q~~a b ~` ~ Cw O w ~Q~ ~ 1 ~~ Wc~c~ pq ~ ~~ ;~ a Fwr~c°~.° ~ ~ CALCULATED MEASUREMENT D.E. -DENOTES DRAINAGE EASEMEt`fT U.E. -DENOTES UTILRY EASEMENT CL -DENOTES CENTERLINE l6ur~o ~g-" /~tZONR[7~ g C9l~ U I•~.lT S of ' r~.~a ~ t` L ~3 -Z/t~ Z a ~~~ 8 OOH 30 0' z.$- ~~ zo 5`00- - i 15,0' LOT 6 1 ADDRE 1-1 ~-9" DELR~ FLOOD r~tids/~„ co~l~u l20~1/,Zo0 ~~ COM~IU L6-Zioz MAP RI ~° 35,0' I ~~ . - I N I I Q - z3$5•` ~ `~ I~ ~ ~ _,~ g ~_~ ~ ~ •• Q ~ 0 ~. - .e• - ~ ~1.~' ~ :; ~.. ~- ~, ONE stv~e Res . I. I ~ ~ ~ Q ~ I a LOT I 7 ~ I I N tt ~ LOT 5 ~ ` ~ ~ ~` ~s, • ~ . ~ 0 h ~ - . •, I ~ ~ I _ ~ S .. - ~~.o - .1 ~ Cri F .• ~ +~ ~ ~ I m I I V1 I E~sSC/!Jeri f i~ I - - - - - --~ ~ I -5 /Z/v1i - - • , 35'.0 3o.a Z, ~ -ariar0 /~vr+/o 3q -~ ~ 85 00' ~ CUNC2~ /PDNP/I~6 ~ MrM/tJr?E~/r . NASSAU STREET. LEGAL DESCRIPTION; THE WEST 15 FEET OF LOT 5, LOT 6 AND THE EAST 24 FEET OF LOT 7, NASSAU PARK, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 16, PAGE 67, AS RECORDED IN THE PUBLIC RECORDED IN THE PUBLIC RECORDS OF PALM BEACH ~; COUNTY, FLORIDA; SAID LANDS SITUATE, LYING AND BEING 1N PALM BEACH COUNTY, FLORIDA, {PROPERTY CONTROL NO. 12-43-46-16-27-000-0051) LESS THE SOUTH 5.50 FEET THEREOF. SUBJECT TO EASEMENTS RIGHTS OF WAYS AND RESERVATIONS OF RECORD. Prepared hy: RETURN: R. Brian Shutt, Esq. City Attorney's Offtce 204 N.W. i st Avenue Dehsy Beach, Florida 33444 EASEMENT DEED THIS INDENTURE, made this ~ day of ~~e~ , Z00~ by and between ~~v~-a~G..~A~2ts~~ , with a mailing address of // / Q ~',¢,« s-r PAY of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. lst Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable considerations, does hereby grant, bargain, sell and release unto the. party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of the construction and maintenance of a public sidewalk with full and free right, liberty, and authority to enter upon and to install and maintain such sidewalk across, through and upon or within the following described property located in Palm Beach County, FIorida, to-wit: DESCRIPTION See Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second party, its successors -and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, conditions and reservations of record. That the party of .the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or affect any other kind of construction or improvements upon the above-described property, other than the aforementioned sidewalk. It is understood that upon completion of sidewalk construction, all lands disturbed thereby as a result of such construction performed thereon, will be restored to its original or Like conflation without expense to the property owner and that once the sidewalk has been constructed to the required standards the party of the second part shall repair and maintain the sidewalk in conformance with its practices of maintaining public sidewalks throughout the City. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of a1i persons whomsoever claimed by, through or under it, that it has good right and lawfiil authority to grant the above-described easement and that the same is unencumbered except as provided above. Where the content of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their heads and seals the day and year first above written. WITNESS #1: R er A. Zone (name printed or typed) PARTY OF THE FIRST PART By: °7° Suzanne L. Barley WI/SS ~~, ~ ~., v..,~ , . r~~ _Gary V. Jenkins (name printed or typed) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of October, 2007 by Suzanne L. Barley, Delray Beach Homeowner. She is personally known to me and did take an oath ,.. , ='' w MY Cbh4.M~SSlaN #.DD664555 Og A na =~~. ,~,,.• ~xa)a~~ Ma~``z~z.2oz1 Notary Public State f Florida (407) 398A153 F7tNiQ~NaY$ ~ ~• ce.COm (SEAL) 2 « CALCULATED MEASUREMENT D.E. -DENOTES DRAINAGE EASEMENT u.E. - os:NOTES unLTrr EASEIAENT CL - DENOTES CENTERLINE I 1 0 { ~l l h Q /~iU~il4 ~g-~~ /20P/ R[~(i $ CAP L ~ -'Z/O Z i`~ ~a~ ~ ~~ ,~ 1 t 1 Cr1 t~±T S of -~- .s> r ~ i~~~ FUNQ s/g" l2DN,Q00 ~ ~° LB-Z/02 ADDS 111•S DELR FL00[ COMIC COMM MAP [PLp=~ NASSAU STREET LEGAL DESCRIPTION; • THE WEST 15 FEET OF LOT 5, LOT 6 AND 'THE EAST 20 FEET OF LOT 7, NASSAU PARK, ACCORDING TO THE PLAT RECORDED IN 'PLAT BOOK 16, PAGE 67, AS RECORDED IN THE PUBLIC RECORDED IN THE FUBLI~D BEING IN PALM BEACH COUNTY, FLORIDA; SAID LANDS SITUATE, LYING COUNTY, FLORIDA, (PROPERTY CONTROL NO. 12-43-46-16-27-000-0051} LESS THE SOUTH 5.50 FEET THEREOF. SUB3ECT TO EASEMENTS RIGHTS OF WAYS AND RESERVATIONS OF RECORD. Prepared By: RETURN TO: R Brian Shutt, Esq. City Attorney's OfEce 200 N.W. 1st Avenue .Delray Beach, Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this ~~ day of ~;~0~ 200 between the City of Delray Beach {hereinafter the City) and ~~~~ [~, ,f3~Y (hereinafter the Owners}, fo~r/the purpose of waiving the requirement of 'the installation of a sidewalk along f~q~;/!/,q.~~~~ until such time as the City requests the construction of the sidewallc by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a ~t t ~~ ~,d4~5~v sidewalk, within the _ .. c~T right-of--way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. OCT 1 6 2007 PLANNfNG & ZONING WITNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at: 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the ., ~ J~~" right-of--way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the curren# ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public xecords of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this ~2 day of ~'7~p,F~~- , 2Q0~ ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Mayor Approved as to form and sufficiency: ~,.h City Attprney 0 (Please type o~rint name} (Pleas a or p name) OWNER: By: L. Kr.c.. {Please type or print name} 2 STATE OF ~~ nR- COUNTY OF Q The foregoing instrument was acknowledged before me this ~Z day of 200, by ~~E ~~ L. ~]-2(..~f (name of person acknowledging}. '"~~:~ ROGER A. ZONA igna a Notary P'ubl' - State of Florida =_': "~~": MY CAMMISSION # DD6~4555 `~ EXPIRES March 22.2{111 /~-_ ~~l1~Gd9r 4ff!)398-0153 ~~~~~.~ print, Type, or Stamp Commissioned Name of Notary Public Personally Known ~_ OR Produced Identification Type of Identification Produced: MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician THROUGH: David T. Hazden, City Manager Richazd C. Hasko, Environmental Se 'ces Director DATE: October 22, 2007 SUBJECT: AGENDA ITEM # CJ •!J' -REGULAR MEETING OF NOVEMBER 6, 2007 CONTRACT ADDITION (CHANGE ORDER NO. 6) TO THE BLOCK 64 ALLEY IMPROVEMENTS P/N 2005-014 FOR THE BARWICK ROAD P/N 2005-001/CHAZ EQUIPMENT COMPANY, INC. ITEM BEFORE COMMISSION This item is before the Commission to consider approval of a Contract Addition (Change Order No. 6) to the Block 64 Alley Improvements Project No. 2005-014 to Chaz Equipment Company, Inc. in the amount of $49,952.50 for the Barwick Road Project No. 2005-001. BACKGROUND The Barwick Road Project consists of the installation of curbing and Swale grading on the west side of Barwick Road; along the frontage of Barwick Ranch Estates. The project was designed in-house. Quotes were obtained from two (2) contractors with open contracts with the City; Chaz Equipment Company, Inc. in the amount of $49,952.50 and Rosso Paving and Drainage, Inc. in the amount of $79,414.75. A copy of each quote is attached for your reference. The scope of work includes drainage improvements, the installation of curb and gutter, swale grading, and sodding; along the west side of Barwick Road. Staff recommends awarding this contract to Chaz Equipment Company, Inc. as a change order to their current contract for the Block 64 Alley Improvements. The quote from Chaz Equipment Company, Inc. is lower and they will honor the Block 64 contract pricing on similar items. Due to Chaz Equipment Company's honoring their current contract; pricing is below current industry pricing for this scope of work. FUNDING SOURCE Funding is from account #334-3162-541-68.02 (General Construction Fund/Other Impmvements/Bazwick Road Sidewalks). RECOMMENDATION Staff recommends approval of a Contract Addition (Change Order No. 6) to the Block 64 Alley Improvements Project No. 2005-014 to Chaz Equipment Company, Inc. in the amount of $49,952.50 for the Barwick Road Project No. 2005-001. cC: Agenda File 11106!07 PM 2005-014 (E) PM 2005-001 (E) U:\wwdeta\sgendalAgenda Info 11.6A7\A~d Memo CO 6 CHAZ Bazwick Rd GC 110607 RV.dce E.ma~ed to BBiieara~a~ tDf'f2l2Q03 ~ ~ , 3780 Fairia~ts F-ar Rol, 1Ali;LE~ii~T~N, ;FLt}Rit3A:'33~~iA PXiac~e(66'I~ 338:~'itlg ~ax:~BEi~~`333.2'i~1 ~ar~i~k~ Rc~a~i P~j~e #~5-~~~" W~possF sabrrtifbsr~ o~. '12;.'20QT ~'FMe ~ity:~of .©eltajr $ea~., R~fires gre ass cle~rzibeii`beiovi~an;f :ter-plays andsp~ec~fic~tibrs t4tieri:Bai#~c~Cfioad'. acopnsed Cur3~ Plar~De~s-2Q0ii°w6 re~¢isior~s #faru ~~2tEf~,.t~atBiJ,Feiitr;ery 2E}fl7 , :Stteets:'7 -'l,.by"i'he Gitir of I~lra~r Kesel~'Envi~errrr~iegta{`Servic~s:~3spsthttettk. tiemi Dirt tliy LYE UifiE'PlkSe` ~mEeF 1 l~l€iza{tioltE Degiio6Ni~tio~ 1. LS 59E}:Otl. : S B~i:OD. t Ilifeinte~nce of~rstfic 1 f:~ 2Q~~ S 2,BQ~,:OD `_ 2 ' Giaar#r}B &.C~ul~6iag 1 t:& 6~0:~ :~ `f,Z~i(iq~D '3 ~. ~ Zt2'sTYps.S-11f lASp~a1# 3Q SY` 17.:64 ''S B~t{#:QQ 4 ~~" Linaeiaeic Base 3t! SY '7$:ti#1 0 `2sZ5~:p4 6 Cor~sa'Ee~AEO~t.caECb par i~DT ~nc~ex 3tW-w! aonar:Flume 19C- Sf 16:t1D :~ , ~;S25Ot H° aEate C.urb.:and t:tdt~ FDQT "i=" ~ &1.5f# $ '€8;427;50': 7 C~t~`Ramp. parFDC3T Indax>304 Gfl ~ ~ 2;ti0aQ.liQ ~ ~0114:titi 8 ' . wale grading and scsriti~8 788. SY t5A0 # i:9,400sAQ 9 Utility Ailovrance 9 L.8 7,D0000 ~. 4;OQgt`00> 4f! ~I3deaAllawance: 1 . [.S 3Q~t1D ~ 200:II0: FQ'~A6.BiiT IZEMB 4.10 S: 48;~rr2.80= E~tt• D~ 13~.©c,K 6~ 2 ab5 - a1~ qty sqb .. . bY: i~~:>~ Eur Gliaz°Equipnlem cn:, ktc. Agenda Item No.: ~. J~ AGENDA REQUEST Request to be placed on: Consent Agenda x Regular Agenda Special Agenda Workshop Agenda Description of item {who, what, where, how much): DATE: October 23, 2007 WH N: NOVEMBER ~3, 2007 Commission Meeting This item is before the Commission to consider approval of a Contract Addition (Change Order No. 6) to the Block 64 Alley Improvements Project Na. 2005-014 to Chaz Equipment Company, Inc. in the amount of $49,952.50 for the Barwick Road Project No. 2005-001. The Barwick Road Project consists of the installation of curbing and swale grading on the west side of Barwick Road; along the frontage of Barwick Ranch Estates. The project was designed in-house. Quotes were obtained from two (2} contractors with open contracts with the City; Chaz Equipment Company, Inc. in the amount of $49,952.50 and Rosso Paving and Drainage, Inc. in the amount of $79,414.75. A copy of each quote is attached for your reference. The scope of work includes drainage improvements, the installation of curb and gutter, Swale grading, and sodding; along the west side of Barwick Road. Staff recommends awarding this contract to Chaz Equipment Company, [nc. as a change order to their current contract for the Bioclc 64 Alley improvements. The quote from Chaz Equipment Commpany, inc. is lower and they will honor the Block 64 contract pricing on similar items. Due to Chaz Equipment Company's honoring their current contract; pricing is below current industry pricing for this scope of work. Funding is from account #334-3162-541-68.02 (General Construction Fund/Other Improvements/Barwick Road Sidewalks}. ORDINANCEJRE30LUTiON REQUIRED: NO Recommenda#ion: Staff recommends approval of a Contract Addition (Change Order No. 6) to the Block 64 Alley fmprovements Project No. 2005-014 to Chaz E uipment Company, inc. in the amount of $49,952.50 for the for the Barwick Road Project No. 2005-001. Departrnent Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendaticm {if applicable) Budget Director Review {required ona1ll items involving expenditure of funds): Funding available ~!~ Funding altertabves _ N/A {if applicable) Account No. & Description: #3343162-541-68.02 (General construction Fund/Other imorovementsl8arwick Road Sidewalks} city Manager Review: r2nl IaV.G/ f~~ ,~ y _b ~ a.K t-e. ~6 S, 5~~ - Approved for agenda: /NO ~ . Hald Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:~em.~xoos~ooso~aw~ccau.~co ~ ~Kx xa r~,rmos-oaiu~t xey co a ce.~ ask xa cc uamaa r~~oRar~nuNr TO: Mayor and City Commissioners ~! , FROM: Carolanne Kucmervwski., Construction Management Technician ~'`' THROUGH: David T. Harden, City Manager _ t,~ Richard C. Hasko, Environmental S ces Director DATE: October 23, 2007 SUBJECT: CHANGE ORDER NO. I/OLD SCHOOL S(?UARE PARIIONNG GARAGE PR03ECT #2004-444 ITEM BEFORE COMMISSION This item is before the Commission to approve Change Order No. 1 to Catalfiuno Construction, Ltd. for athirty--five (35) day extension of time to complete the Old School Square Parking Garage Project. BACKGROUND At the City's request, Catahfiuno Construction has taken on work that is additional scope to the original Guaranteed Maximum Price (GMP) Contract. As a result, Catalfiimo Construction is requesting a time related change order for thirty-five (35} days; which would extend both the substantial completion and final completion dates. This is a "zero" dollar change order. The time extension adjusts the original date of substantial completion from October 16, 2{307 to November 21, 2447; and adjusts the date of final completion from November 15, 2007 to December 20, 2047. The attached Exhibit "A" details the additional scope of work which has been added to this project. FUNDING SOURCE N/A RECOMMENDATION Staff recommends approval of Change Order No. 1 to Catalfinno Construction, Ltd. for athirty- five (35} day extension of time to complete the Old School Square Parking Garage Project. c~: 2ooa~-oaa pmaec~ F,te 11/06/07 Agenda File s:~ammtir,~~u~sooa~oo4.oaa txl~s .Box-rxw rn.e ~ooscwaco t CacNfltmo r-geana Memo Gc ~ ~ o6o't.doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1 PROJECT NO. 2004-©44 DATE: PROJECT TITLE: OId School Square Parldag Garage TO CONTRACTOR: Cstalfumo Constrictlon, Ltd. YOU ARE HEREBY REQUESTED TO MAKE TAE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: A thirty-five {35} day extension of time to complete the Old School Square Parking Garage Project per the attached Exhibit "A". SUMMARY OF CONTRACT AMOUNT/CHANGES ORIGINAL CONTRACT AMOUNT $15,708,412.64 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ~ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $15,708,412.64 COST OF CONSTRUCTION CHANGES THIS ORDER ~ 0.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $15,708,412.64 TOTAL CONTRACT TIME WILL BE INCREASED BY 35 DAYS CERTIFIED STATEMENT; I hereby certify that the supporting cost data included is, in my considered opinion, accurate; chat 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. Catalfumo Constriction, Ltd. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is availabla from account: DEPARTMENT FUNDING DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: APPROVED: Environmental Services city Attorney By: Mayor ATTEST: By: City Clerk CERTIFIED BY 3:~rmgAdoa>olPrgjeaa~2004~'~004.MO (RF(j's • BOX-PROJ PI1.6 2006-005)WPFlCIAUCO t CelsMwo GC110601.doc ~..x`n.~j~-~ y,~ty ~~~ ~ - • Construction and Development. Inc. Catalfumo Construction, Ltd. 4300 Catalfumo Way North Palm Beach Gardens, FL 33410-4248 October i 6, 2007 Rafael Ballestero City of Delray Beach, Environmental Services HAND DELIVERY Deputy Director of Construction 434 South Swinton Avenue Delray Beach, FL 33444 RE: Uld School Square Partang Garage -Request for Time Extension Dear Mr. Ballestero: Catalfumo Construction has, at the City's request, taken on work that is clearly additional scope to vur original GMP Contract. This letter shall serve as a request for an extension of rime only to the original completion dates. The three issues supporting this extension are as follows: 1) During May 2007, through RFI, a Project Team Meeting was initiated with the City, Architect, CM and Civil Engineer. The purpose was to assess existing conditions, conflicts, and required coordination relating to the civil components along NE 1~` Street that were outside of the original GMP. The work included the removal and installation of drainage structures, curbing, paving, and striping. If this civil work were to be postponed until the parking garage was finished, it may have created significant re-work in an area just recently completed. In a proactive effort to prevent future re-work and additional costs, the City of Delray Beach requested that Catalfumo take on this extra scope as part of the Old School Square Parking Garage contract. The preliminary funding to start this work was approved on July 27, 2007. The preliminary civil design for this work was provided to Catalfumo on August 22, 2007. 2) On August 7th, 2007 the City of Delray Beach issued a change order to Catalfumo to vary from the original design as it related to the installation of the site lighting poles along the north and east sides of the project. Distinctive fixtures were required to match the character of the Pineapple Grove area and new fixtures were requested for the North. This change necessitated the need for additional time required for engineering, pricing, procurement and coordination which diverted resources from other critical tasks associated with achieving substantial completion. 3} In preparation for final inspections, Catalfumo requested a courtesy inspection from the City of Delray Beach Fire Rescue Department. As a result of this preliminary inspection, Catalfumo was advised by the Fire Department an August 28, 2007 that additional items would be required prior to acceptance of the project. These additional items which include exit signage; rated doors; fire dampers and weather proof louvers) resulted in delays to the completion of work and the scheduling of final inspections. In closing, Catalfumo is requesting a time related change order for 35 days to extend both the substantial completion and final completion dates to complete the additional scope issues mentioned above. This work will be funded by the savings that have been realized fox the City throughout the project. This time extension adjusts the original date of substantial completion from October Ib, 2007 to November 21, 2007, and adjusting the date of final completion from November 15, 2007 to December 20, 2007. Catalfumo has developed an effective working relationship with many of the Departments in the City of Delray Beach and looks forward to continuing to build on the solid foundation we have collectively established. Sincerely, ~~ Joe Keating Project Manager cc: Daniel S. Catalfumo {CAT) James E. Jacoby, Esq. (CAT) Paul Simonson (CAT) Edward E. Meinzinger (CAT) Zach Young (CAT) Agenda Item No.: ~' AGENDA REQUEST DATE: October 23, 2007 Request to be placed on: Consent Agenda X Regular Agenda Special Agenda Workshop Agenda WHEN: NOVEMBER 6.2007 Commission Meeting Description of item (wha, what, where, how much): This item is before the Commission to approve Change Order No. 1 to Catalfumo Construction, Ltd. for a thirty-five {35) day extension of time to complete the Oki School Square Parking Garage Project #2004044. At the City's request, Catalfumo Construction has taken on work that is additional scope to the original Guaranteed Maximum Price {GMP} Contract. As a result, Catalfumo Construction is requesting a time related change order for thirty-five (35) days; which would extend both the substantial completion and final completion dates. This is a °zero" dollar change order. The time extension adjusts the original date of substantial completion from October 16, 2007 to November 21, 2007; and adjusts the date of final completion from November 15, 2007 to December 20, 2007. The attached Exhibit "A" details the additional scope of work which has been added to this project. Funding is NIA -this is a "zero" dollar change order. ORDINANCE/RESOLUTION REQUIRED: NO Staff recommends approval of Change Order No. 1 to Catalfumo Construction, Ltd. for athirty-five (35) day extension of ' o complete the Ofd Sch I Square Parking Garage Project. Department Head ' Signature: - 4 Pu-~Z~.- u~ Determination of Consistency with Comprehensive Plan: City Attorney ReviewlRecommendation (if applicable} Budget Director Review (nrquired on all items involving expenditure of funds}: Funding available NIA Funding alternatives (if applicable) Acxount No. & Description: NIA City Manager Review: Approved for agenda:~f0 ff ~~t/~ Hold Until: (/ ~ ~ Agenda Coordinator Review: Received: Placed on Agenda: Action: ApprovedlDisapproved s:~am;~r,okmrzooa~zoo~osa cam: -Box-rxo~ rn.E zoos-oosy~orc~a~,tico ~ n~a xe~ c,c i tao~.aoe MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER DATE: NOVEMBER 2, 2007 SUBJECT: AGENDA ITEM # y •~ REGULAR MEETING OF NOVEMBER 6, 2007 RESOLUTION NO. 60-07 ITEM BEFORE COMMISSION This is a resolution assessing costs for abatement action required for the emergency board-up of an unsafe structure located at: 1314 SW 22nd Avenue. BACKGROUND 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. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Resolution No. 60-07. RESOLUTION NO. 60-07 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. WHEREAS, the Building Official or his designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 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 unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and upon failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.21 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Dekay Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of SEVEN THOUSAND THREE HUNDRED TEN AND 00/100 DOLLARS ($7,310.00 as shown by the report of the City Manager of the City of Dekay a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 7.8.21 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessment 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 immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Dekay Beach has levied an assessment against said property for the cost of abatement action regarding an unsafe building by 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 eight percent (8%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. 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 Res. No. 60-07 property(s), and interest shall accrue at the rate of eight percent (8%) per annum plus reasonable attorney's fee and other costs of collection. 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 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 eight (8%), and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this day of 2007. MAYOR ATTEST: City Clerk 3 Res. No. 60-07 CITY OF DELRAY BEACH UNSAFE BUILDINGISTRUCTURE NOTICE OF ASSESSMENT TO: Jorge L ~daure ADDRESS: 1314 SW 22"d Avenue, Delrav Beach FI 33445 PROPERTY: 1314 SW 22"d Avenue. Delrav Beach, FI 33445 LEGAL DESCRIPTION: Delrav Beach Highlands Sec 3 Lt 8 Blk 8 ORB 19993, Page 1633 in the Official Records of Palm Beach County, Florida You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of 7 310.00 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 20___, has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above- described property. You were given notice on 4/13!07 that the Chief Building Official had determined that abuilding/structure located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy the unsafe condition and the action would be initiated by the City if you failed to act. XXX You failed to appeal the decision of the Chief Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Chief Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to that the action as required by the order of the Board of Construction Appeal. You appealed the decision of the Chief Building Official to the Board of Construction Appeals on .The Board of Construction upheld the decision of the Chief Building Official. U:unsafeassessment The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 09/27/07 at a cost of 7 310.00, which includes aten-percent (I O%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional administrative and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above described property. THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COST, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISION City Clerk U:unsafeassessment 2 COSTS INCURRED PICTURES 12.00 TITLE SEARCH 120.00 PLUMBER SEPTIC TANK RECORDING 23.00 POSTAGE 40A0 POOL CONTRACTOR DEMOLITION 6,300.00 BOARD UP INSPECTIONS 150.00 TOTAL LESS ADM. FEE 6,645.00 10% ADM. FEE 665.00 TOTAL COST LESS ADVERTISING ADVERTISING GRAND TOTAL $ 7,310.00, s/enUunsafWcosts MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER," 1 DATE: OCTOBER 31, 2007 . SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING -- NOVEMBER 6 2007 APPROVAL OF A TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS TO 226 NORTH SWINTON AVENUE WITHIN THE OLD SCHOOL SQUARE HISTORIC DISTRICT ITEM BEFORE COMMISSION The item before the City Commission is approval of the tax exemption request for improvements to the property located at 226 North Swinton Avenue within the Old School Square Historic District. The development site includes the south one foot of Lot 5, Lot 6, and the north one-half of Lo# 7, Block 58, Plat of Metcalfs Subdivision of Blocks 50 and 58, Town of Delray, loco#ed on fhe west side of North Swinton Avenue, between NE 2"d and 3'~ Streets. BACKGROUND Prior to the recent site improvement, the site contained a 1,490 square foot contributing, one- story, Spanish Eclectic style single-family dwelling constructed in 1920, and a 250 square foot contributing, Frame Vernacular style accessory garage circa late 1920s. On January 28, 2004, a fire occurred within the existing contributing structure damaging the wall and ceiling finishes. In addition, the structural integrity of the roof framing was compromised requiring repair and replacement. At its meeting of December 15, 2004, the Historic Preservation Board {HPB} approved a COA (2005-027) for atwo-story, 1,888 square foot addition to the south side of the aforementioned contributing structure. A subsequent revision (2008-053} to the original COA approval was approved administratively on December 2, 2005 which included the addition of a covered porch to the rear elevation. The improvements are complete and the applican# now wishes tv apply for tax exemption status. The following is a list of eligible components for the tax exemption, including those exterior items approved by the Board as well as interior improvements: • In#eriar demolition as required by the aforementioned fire; • Construction of a two-story, 1,888 square foot addition; • Exterior improvements to the existing structure including in-kind cosmetic repairs; • Hardscaping improvements. At its meeting of October 17, 2007, the HPB recommended approval the Ad Valorem Tax Exemption Application Parts 1 and 2 {2007-34$-COA). The applicant completed the improvements and a Certificate of Occupancy (CO) was issued on February 21, 2007, permitting the property owner #o finalize the tax abatement request. The tax exemption will apply to the difference in assessed value before and after the property improvement. City Commission Memorandum; Meeting of November 6, 2007 Tax Abatement Application- 226 North Swinton Avenue The applicant is now before the City Commission for final approval of the request. Upon approval, the request will be forwarded to the Palm Beach County Property Appraiser's Office and the Palm Beach County Planning and Zoning Department for recordation and final appraisal of the improvements. Additional background and an analysis of the request are provided in the attached HPB Memorandum Staff Report. Ad Valorem Standards for Qualifying Improvements The property qualifies for the tax exemption per LDR Section 4.5.1{M){5)(a}{iii) as it is a contributing property to a historic district, under the terms of the City's historic preservation ordinance. Once established as a qualified historic property, qualifying improvements, pursuant to LDR Section 4.5.1 {M)(5}(b}, must meet the following criteria: (i) Be consistent with fhe United Sfafes Secretary of fhe Interior's Standards for Rehabilitation, as amended; (ii) Be determined by the Historic Preservation Board fo meef criteria established in rules adopted by the Department of State, Division of Historical Resources, FAC 7A-38, as amended; {iii) Be consistent with Section 4.5.1 (E), "Development Sfandards" of the City`s Land Developmenf Regulations; and, {iv) Include, as pa+f of the overall project, visible improvemenfs to the exterior of the structure. ANALYSIS The project meets criterion (i)-(iv) regarding the new construction and alterations to the existing historic buildings as it is compliant with the City's Land Development Regulations, the Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. Pursuant to LDR Section 4.5.1(M)(10), the "Final Application/ Request for Review of Completed Work" was submitted within eighteen {18) months of the CO. The Final Application includes documentation of all costs incurred during the project, documentation of the building permit, and the Historic Preservation Exemption Covenant. The City's Community Improvement Department has verified that the work has been completed, passed the final inspection, and the Cert~ca#e of Occupancy was issued on February 21, 2407. As mandated by LDR Section 4.5.1(M)(10), the Historic Preservation Board reviewed the Final Application during its meeting of October 17, 2007, and determined that the completed improvements were in compliance with the previously approved request. Pursuant to LDR Section 4.5.9 (M){12}: upon approval of a Final Application/Request for Review of Completed Work by the Historic Preservation Board, the Final Application shall be placed by resolution on the agenda of the City Commission for approval. The expenditures {per building permit records} for the qualifying improvements total $825,125.28. The tax abatement wilt be limited to the increase in assessed value {as determined by the Palm Beach County Property Appraiser} and result in an abatement of taxes for a period of ten years from the date of approval. 2 City Commission Memorandum; Meeting of November 6, 2407 Tax Abatement Application- 226 North Swinton Avenue RECOMMENDATION Approve the tax exemption request, the "Part 2 /Final Application Request for Review of Completed Work" for site improvements to the property located at 226 North Swinton Avenue, Old School Square Historic District, based upon positive findings with respect to LDR Sections 4.5.1(M}(5}{a}{iii), {M}(5)(b) and {M)(12), the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. Attachments: ^ Resolution No. 61-07 ^ HPB Staff Report 3 RESOLUTION N0.61-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO FRANK AND ELIZABETH ROZZO FOR THE HISTORIC REHABII.IATION OF THE PROPERTY LOCATED AT 226 NORTH SWINTON AVENUE, AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATION (LDR) SECTION 4.5.1(Ivi)(5); PROVIDING AN EFFECTIVE DATE. WHEREAS, the Historic Preservation Program of the City of Delray Beach, Florida (the "City"), is designed to preserve, protect, enhance, and perpetuate resources which represent distinctive and significant elements of the City's historical, cultural, social, economic, political, archaeological, and architectural identity; and/or serve as visible reminders of the City's culture and heritage; and WHEREAS, the citizens of Florida amended the Florida Constitution, Article VII, Section 3, to authorize counties and municipalities to grant a partial ad valorem tax exemption to owners of historic properties for improvements to such properties which are the result of the restoration, renovation, or rehabilitation of the historic properties; and WHEREAS, the City of Delray Beach City Commission has approved an ordinance providing for an ad valorem tax exemption for the restoration, renovation, and/or improvement of historic properties (Ordinance No. 50-96}; and WHEREAS, the ad valorem tax exemption is one means of offering a financial incentive to increase interest in restoring, renovating, and improving the City's historic structures; and WHEREAS, Ordinance No. 50-96 provides that on completion of the review of a Final Application/Request for Review of Completed Work, the Historic Preservation Planner shall present such Final Application in a regularly scheduled meeting of the Historic Preservation Boazd and shall recommend that the Historic Preservation Boazd grant or deny the exemption; and WHEREAS, the property owners filed a Preconstruction Application and received preliminary approval from the Historic Preservation Board on October 17, 2007, for an ad valorem tax exemption for the historic renovation and restoration of the property located at 226 N. Swinton Avenue; and WHEREAS, the Historic Preservation Board reviewed the Completed Work Application on 226 N. Swinton Avenue, for a determination that the completed improvements were consistent with LDR Section 4.5.1(M)(5) and recommends approval to grant an ad valorem City tax exemption to Frank and Elizabeth Rozzo for the restoration, renovation, and improvement to the property located at 226 N. Swinton Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The City Commission hereby determines that the completed improvements to the property located at 226 N. Swinton Avenue, as described in the application for ad valorem tax exemption filed with the City, were consistent with LDR Section 4.5.1(M)(5). Section 2. The City Commission hereby approves an ad valorem tax exemption to the property owner, Frank and Elizabeth Rozzo, for a ten year period, commencing on 1/1/08, from that portion of ad valorem taxes levied on the increase in assessed value, between the years 1/1/08 -12/31/17, resulting from the renovation, restoration, and rehabilitation of the property located at 226 N. Swinton Avenue, which property is legally described as follows and which improvements are described in HPB Certificate of Appropriateness No. 2005-027 and No. 2006-053: South one foot of Lot 5, Lot 6, and the north one-half of Lot 7, Block 58, Plat of Metcalf s Subdivision of Blocks 50 and 58, Town of Delray Section 3. Prior to the ad valorem tax exemption described herein being effective, Frank and Elizabeth Rozzo shall execute and record a restrictive covenant in a form established by the State of Florida, Deparhnent of State, Division of Historical Resources, requiring the qualifying improvements be maintained during the period that the tax exemption is granted. A copy of the recorded covenant shall be provided to the City's Historical Preservation Planner. Section 4. This resolution shall take effect in accordance with law. PASSED AND ADOPTED in regular session on the day of , 200_. ATTEST: MAYOR City Clerk onauv e~cN II~~~ zooi -..- . w. ~'_-~ -- .:.. Applicant/ Property Owner: Frank and Elizabeth Rozzo Property Address: 226 North Swinton Avenue, Old School Square Historic District HPB Meeting Date: October 17, 2007 File No: 2007-348-COA The action requested of the Board is the approval of Parts 1 and 2 of a Tax Exemption application for improvements to a contributing property located at 226 North Swinton Avenue, Old School Square Historic District, pursuant to Land Development Regulations (LDR) Section 4.5.1(M}. The subject property consists of the south one foot of Lot 5, Lot 6, and the north one-half of Lot 7, Block 58, Plat of Metcalf s Subdivision of Blocks 50 and 58, Town of Delray. Located on the west side of North Swinton Avenue, between NE 2"d and 3~d Streets, the property is zoned Ofd School Square Historic Arts District {OSSHAD) and is within the Old School Square Historic District. The property originally consisted of a 1,490 square foot contributing, one-story, Spanish Eclectic style single-family dwelling constructed in 1920, and a 250 square foot contributing, Frame Vernacular style accessory garage circa late 1920s. On January 28, 2004, a fire occurred within the existing contributing structure damaging the wall and ceiling finishes. In addition, the structural integrity of the roof framing was compromised requiring repair and replacement. At its meeting of December 15, 2004, the Board approved a COA (2005-027) for atwo-story, 1,888 square foot addition to the south side of the contributing structure. Prior to the COA submittal and review, the interior and roof of the subject structure were damaged by fire which resulted in the demolition of the majority of the interior as well as repairs to the roof and electrical systems of the dwelling. A building permit was then issued for the reconstruction of the damaged interior. A subsequent revision (2006-053) to the original COA approval was approved administratively on December 2, 2005 which included a covered porch on the rear elevation. The applican# is now before the Board to request review of Parts 1 and 2 of the Ad Valorem Tax Exemption Application for the improvements stated above as approved with 2005-027 and 2006- 053. The tax exemption would apply to the expenditures associated with the above improvements (excluding landscaping} which total $825,125.28 (per submitted invoice list}. The following is a list of eligible components for the tax exemption, including those exterior items approved by the Board per the files noted above as well as interior improvements: • Interior demolition as required by the aforementioned fire; • Construction of atwo-story, 1,888 square foot addition; • Exterior improvements to the existing structure including in-kind cosmetic repairs; • Hardscaping improvements. 226 North Swinton Avenue, Tax Exemption Application, 2007-3d&COA HPB Meeting October 17, 2007 Page 2 of 8 Although the landscaping associated with the COA was approved, landscaping is not permitted as a legitimate expenditure as it is not interpreted as a "si#e improvement", pursuant to the Florida Administrative Code 1A-38. Part 1 is the initial evaluation of the property and of the improvements included in the application regarding their eligibility for the tax abatement. Part 2, "Final Application/ Request far Review of Completed Work", requires that the Historic Preservation Board conduct a review at a regularly scheduled public meeting to determine whether or not the completed improvements are in compliance wi#h the work described in the Construction Application. Based on State regulations, an Ad Valorem Tax Exemption can be approved for a project before, during, or after it has been undertaken. The applicant therefore requests consideration of an ad valorem tax exemption as the project is complete. LDR Section 4.5.1(M), Tax Exemption for Historic Properties Pursuant to LDR Section 4.5.1 {M){1), Tax Exemption for Historic Properties, the City Commission hereby creafes a fax exemption fvr fhe restoration, renovation or rehabilitation of qualifying historic properties designafed. Qualifying properties shall be exempt from that portion of ad valorem taxation levied by the City of Delray Beach on 900% of the increase in assessed value resulfing from any renovation, restoration or rehabilitation of the qualifying property made on or after the effecfive date of this ordinance. LDR Section 4.5.1{M){2), clarifies that the exemption does not apply to the following: (a) Taxes levied for paymenf of bonds; (b) Taxes authorized by a vote of the electors pursuant to Section 9(b) or Section 92, Article 7 of the Florida Constitution; or (c) Personal property. LDR Section 4.5.1{M)(3), explains the duration of the exemption: (a) The exemption period shall be for ten (90} years, beginning January 9st following the year in which final approval is given by the City Commission and the Palm Beach County Property Appraiser has been instructed to provide such exemption. However, the Cify Commission shall have fhe discretion to set a lesser ferm. (b} The feint of the exemption shall be specified in the resolution approving the exemption and shall continue regardless of any changes in the aufhonfy of the City to grant such exemption or change in ownership of the property. To retain an exemption, the historic character of the property and fhe improvements which qualified the property for an exemption must be maintained in their historic state over the period for which the exemption was granted. LDR Section 4.5.1(M)(5)(a-b), provides the parameters for qualifying properties and improvements. The subject property qualifies as it is considered contributing within the Old School Square Historic District. The following, (5}(b), identifies qualifying improvements: (b} For an improvement to a historic property to qualify fhe properly for an exemption, fhe improvement must: (i) be consistent with the United States Secretary of the Interior's Standards for Rehabilitation, as amended; (i!) be determined an improvement by the Historic Preeservafion Board as established in rules adopted by fhe Departmenf of State, Division of Historical Resources, FAC 9A-38, as amended which defines a real property improvement as changes in fhe condition of real property broughf about by the expenditure of labor and money for the restoration, 226 IJartii Swinton Avenue, Tax Exemption Application, 2007-348-COA HPB Meeting October 17, 2007 Page 3 of 6 renovation, or rehabilitation of such properly. Improvements shall include, but are not limifed to: maditrcafions, repairs, or additions to the principal confributing building and its associafed accessory structures (i.e. a garage, cabana, guest cottage, storage/utility structures, swimming pools), whether existing or new, as Long as the new construction is compatible wifh the historic character of the building and site in terms of size, scale, massing, design, and materials, and preserves fhe historic relationship between a building or buildings, landscape feafures, and open space. The exemption does not apply to improvements made to non-contributing principal buildings or (heir non-contributing accessory structures. (iii) be consistent with Section 4.5.9(E), "Development Standards° of the City's Land Development Regulations; and (iv) include, as part of fhe overall project, visible improvemenfs to the exterior of the structure. The project mee#s criteria {i) and (ii} through previous approval by the Board of the associated improvements outlined above which constituted its compliance with the Secretary of the Interior's Standards for Rehabilitation, as well as the rules of Florida Administrative Code 1A-38, promulgated by the Florida Department of State, Division of Historical Resources. The development project meets criterion (iii) per the COA approvals which applied the LDR Development Standards in the assessment of the proposal. Finally, the project meets criterion {iv) as the project encompasses visible improvements to the exterior of the building and related property. LDR Section 4.5.1 (M){7), Application for Exempfion, provides that Part 7, Consfruction Application, may be submitted before, during, or after qualifying improvements are infifiafed, and Part 2, the Final Application/Request for Review of Completed Work, shall be submitted upon completion of the qualifying improvements. The-qualifying improvements were complete prior to submittal of Parts 1 and 2 as the Certificate of Occupancy was issued on February 21, 2407. LDR Section 4.5.1{M){8)(a), Parf 1, Construction Application, requires fhat the submitted applicafion contain information concerning the esfimafed cosf of the qualifying improvemenf and be accompanied by a copy of the most recent fax bill from the Palm Beach County Property Appraiser for the properly. The submitted estimated cost of the qualifying improvements has been calculated at $825,125.28. The most recent tax bill has also been submitted. LDR Section 4.5.1(M)(9), Review of Construction Application by fhe Historic Preservation Board, requires that the Hisforic Preservation Board review the Construction Applicafion within fi0 days of the Historic Preservation Planner's determination of eligibility, and; thaf if Part ! of fhe Construction Application is submitted after the project has been completed, fhe application must be submitted within 78 monfhs from the date of issuance of a CO. Furlher, if the HPB determines that the work as proposed is a qualifying improvement and is in compliance with the review standards contained in Section 4.5.9(Ej, the Construction Application and, if applicable, the COA shall be approved by fhe HPB. However, if the HPB determines thaf the work as proposed is not a qualifying improvemenf or is not in compliance with the review standards contained in Section 4.5.9(E), corrective measures shall be prescribed by the Board. As previously noted, the property received a Certificate of Occupancy on February 21, 2007 which was within eighteen {18} months of the applica~on submittal date. Therefore, the project is eligible for review and, if the Board deems the request to be in compliance, it is recommended that the the application be approved 226 North Swinton Avenue, Tex Exemption Appticztion, 2Q07-348-COA HPB Meeting October 17, 2407 Paae 4 of 6 LDR Section 4.5.1(M)(1Q)(a-c), Pan` 2, Final Applicafion/Requesf for Review of Completed Work, provides criteria for review of the final application: (a} If the Historic Preservation Board determines that the work is a qualifying improvement and is in compliance with fhe review standards contained in Section 4.5. ~(E), the Board shall approve the Final Application/Request for Review of Completed Work and the Historic Preservation Planner steal! issue a written order to the applicanf. {b} The Final Application/Request for Review of Completed Work steal! be accompanied by documentation of the Total expenditures of fhe qualifying improvements. Appropriate documentation may include, but is not limited to, paid contractor's bills, AIA Forms 702- 704, canceled checks, copies of invoices, and an approved building pem~it application listing fhe cost of work to be perfom~ed. Upon fhe receipt of a Final Application/Requesf for Review of Completed Work and all required supporting documenfations, the Historic Preservation Board shall conduct a review of a regulariy scheduled public meeting to determine whether or not the completed improvements are in compliance with the work described in the Construction Application, approved amendments, if any, and Section 4.5.9(E). Affer fhe above mentioned review, the Historic Preservation Board steal! recommend fhat the Cify Commission granf or deny the exemption. (c) if the Historic Preservation Board determines that the work as completed is either not a qualifying improvement or is not in compliance with the review standards contained in Secfron 4.5.9(E), the applicant shah be advised fhat the Final Application has been denied. The Historic Preservation Planner shall provide a written summary of the reasons for fhe determination to the applicant. The `Final Application/Request far Review of Completed Work°, Part 2, has been submitted as the work is complete. The final application includes a statement from the project architect regarding fees for services rendered, documentation of the building permit, invoices from the contractor, and copies of the checks submitted for payment of the work performed. The City's Community Improvement Department has confirmed that a Certificate of Occupancy (CO) was issued for the property on February 21, 2007, LDR Section 4.5.1(M)(12), Approval by the City Commission, notes that the approved Final Application/Request for Review of Completed Work by the Historic Preservation Board shall be placed by resolution on fhe agenda of the City Commission for approval. The resolution of fhe Cify Commission approving the Final Applicafion shall provide the name of the owner of the property, the property address and legal description, a recorded restrictive covenant as provided in Section 4.5.1(M){73} in the official records of Palm Beach County. as a condition of receiving the exemption, and the effective dates of the exemption, including fhe expiration dafe. Should the HPB make a recommendation to approve the subject request, the item will be placed on the November 6, 2007 City Commission agenda for approval and subsequently forwarded on to the Palm Beach County Property Appraiser's Office and Planning and Zoning Department far recordation. LDR Section 4.5.1(M)(13), Historic Preservation Exemption Covenant, explains the covenant required in order to qualify for the exemption: {a) To qualify for an exemption, the applicant must sign and return the Historic Preservation Exemption Covenant with the Final Applicafion/Request for Review of Completed Work. The covenant as esfablished by fhe Department of Sfafe, Division of Hisforical Resources, shat! be in a form approved by fhe City of Delray Beach City Attorney's Office and applicable for the term for which fhe exempfion is granted and shall require the character of fhe property and qualifying improvements fo be mainfained during the period That fhe exempfion is granted. 226 North Swinton Avenge, Tax Exemption Application, 2007-34&COA HPB Meeting October Z7, 2007 Paae 5 of 6 (b) On or before fhe effective date of fhe exemption, the owner of fhe property shall have fhe covenant recorded in fhe official records of Palm Beach County, Florida, and shall cause a certified copy of the recorded covenant to be delivered to fhe City's Historic Preservafion Planner. Such covenant shall be binding on the current property owner, Transferees, and their heirs, assigns and successors. A violation of fhe covenanf shall result in the property owner being subject fo fhe payment of the differences between fhe total amount of fhe faxes which would have been due in March of each of fhe previous years in which the covenant or agreemenf was in effect had fhe property not received the exemption and the Total amount of taxes actually paid in those years, plus interest on the difference calculafed as provided in Sec. 272.12(3), Florida Statufes. LDR Section 4.5.1{M){16)(a-d), Revocation Proceedings, provides guidelines to revocafion of the tax exempfion upon violation of fhe recorded covenant. (a) The Historic Preservation Board may initiate proceedings to revoke fhe ad valorem fax exemption provided herein, in the event fhe applicant, or subsequent owner or successors in interesf to the property, fails to maintain the property according to the terms, conditions and standards of the Historic Preservation Exempfion Covenant (b) The Historic Preservation Planner shalt provide notice fa the curnent owner of record of the property and the Historic Preservation Board shall hold a revocation hearing in fhe same manner as in Section 4.5.7(M)(10}, and make a recommendation to the City Commission. (c) The City Commission shall review fhe recommendation of the Historic Preservation Board and make a determination as to whether the tax exempfion shall be revoked. Should the City Commission detemaine That the tax exemption shall be revoked, a wriffen resolufion revoking the exempfion and notice of penalties as provided in Paragraph 8 of the covenant shall be provided to the owner, the Palm Beach County Property Appraiser, and fried in the official records of Palm Beach County. (d) Upon receipf of the resolution revoking the tax exempfion, the Palm Beach County Property Appraiser shall discontinue The tax exemption an the property as of January 7st of the year fallowing receipt of fhe notice of revocation. The Sections noted above regarding the "Restrictive Covenant" and "Revocation Proceedings' are provided to demonstrate that the tax exemption is binding, and if violated, the property owner would have to comply w'sth the consequences. ANALYSIS The tax exemption request complies with the criteria con#ained in LDR Section 4.5.1(M) as the Board approved the associated improvements by making positive findings with respect to the applicable LDR Sections, Delray Beach Historic Preservation Design Guidelines, and Secretary of the Interior's Standards for Rehabilitation. Therefore, positive findings can be made with respect to LDR Section 4.5.1(M). _ A. Continue with direction. B. Recommend approval to the City Commission of the complete Ad Valorem Tax Exemption Application, including Parts 1 and 2, regarding files 2005-027 and 2006-053, for improvements to the property at 226 North Swinton Avenue, Old School Square Historic District, based upon positive findings with respect to LDR Section 4.5.1(M). C. Recommend denial to the City Commission of the complete Ad Valorem Tax Exemption Application, including Parts 1 and 2, regarding files 2005-027 and 2006-053, for improvements to the property at 226 North Swinton Avenue, Old School Square Historic District, based 226 North Swinton Avenue, lax Exemption Applic2ticn, 2447-34$-COA HPB Meeting October 17, 2007 Page 6 of 6 upon a failure to make positive findings with respect to LDR Section 4.5.1(M). !Motion to be phrased in the affirmative. See above.) Recommend approval to the City Commission of the complete Ad Valorem Tax Exemption Application, including Parts 1 and 2, regarding files 2005-027 and 2006-053, for improvements to the property at 226 North Swinton Avenue, Old School Square Historic District, based upon positive findings with respect to LDR Section 4.5.1(M). Report Prepared by: Amy E. Alvarez, Historic Preservation Planraer Atfachments: • Ad Valorem Tax Exemption Application • Photographs of Before and ARer • Plans approved by HPB ~.........~......,. .y,...:..r.:;:.:,~,was~ - ..F~ _,s ~=.i!~_p_:~-^-~ ~: ~::_:: ~.=s.-"4.."!_~~.+cS3wn~g:~~;'`SI3i3gs''r:ra~ d rem Y"~ ~'' „ r~'~ _ wsrac=~E_-~,-~C.r' _ ..'~.»S'..~"i'J r.~'~ic~9F~f~, ,__~O;IEr~~~~~~.'!/JC~^ay>a~p~e~-lly~ll?S' ~It~t _--.__~_.,._d:......_~>__..._..._., i..:s~?"'K~:.,.wL•:tt......_.P...'st!.=. -~..:.CSt,i~ r.,^ 1. Property identification and location: p~,y5 t Property Identification Number (from tax records): }~__~~-~1{0- l'~-~ • ~ ~ Attach legal description of property Address of property: Street `e 7..(~ ~~~~ui [\~lt~(1 ~?(I~f1,U~. City ~ Q ~fGLrtJ1~ ~ ~ f~,~, County ~G.~Y,c~~.f~ C~~h Zip Code !3 3~"t!''~~"~ {) Individually Nati no al Register listed () tally designated historic property or landmark* {) In a National Register district In a locally designated district * For applications submitted to the Division of Historical Resources, attach a copy of the local designation report for the property and the official correspondence nott; fying the property owner of designation. Name of historic district For locally designated historic properties or landmarks, or properties located in locally designated historic districts, provide the following additional information: a Name of local historic preservation agency/office ~ t° ~ r ~s.~ f.]~-°P~C~. ~t S'E'dd I L T F ~]1 ~h~ --tt ~ Mailing Address ~>DD Fil~t~ ~S l1~° City ~ State }~~ Zip Code Telephone Number (~~ ~'''J• 2. ~e of request: (~ Exemption under 196.1997, F.S. (standazd exemption) ()Exemption under 196.1998, F.S. {exemption for properties occupied bynon-profit organizations or government agencies and regularly open to the pubic) If applying under s. 196.1998, F.S., complete Question 9 on page five. 3. Owner information: _ t Nam of individual or organization owning the property ~~(,~~. ~ 1i'ZCl~,~ ~~2~ O Mailing address ~~ ~ ~. • 1 i_ ~[~~t~_ ~y~~~1~. City~~t,~~]p~r,~ State ~EUf"t U G( Zip code 33~~ ~ Daytime Telephone Number "~ ,~U ~ ~~ ,~ C7~'~ If the property is in rnult<ple Qwnership, attach a Zist of all owners with their mailing addresses. Read the attached instructions carefully before completing this application. Your application cannot be evaluated unless it is complete and all required supporting materials are provided. In the event of any discrepancy between the application form and other supplementary material submitted with it (such as architectural plans, drawings and speci#ications), the application fomr shall take precedence. Type or print cleazly in black ink. If additional space is needed, attach additional sheets. DOS Form No. HR3E101292 Property Identificatio~n~Nufmb-er ~~a'~3~~~4' ~~"' ~~' O 54'~ (3~'S ~ Property Address d~o~-l,Q 111 ~~ ~: ~,{~,~ ,~~ {~()~ 4. Owner Attestation: I hereby attest that the infornation I have provided is, to the best of my knowledge, correct, and that I own the property described above or that I am legally the authority in charge of the property. Further, by submission of this Application, i agree to allow access to the property by representatives of the Division of Historical Resources or the Local blistoric Preservation Office ,where such office exists, and appropriate represen#atives of the local government from which the exemption is being requested, for the purpose of verification of information provided in this Application. I also understand that, if the requested exemption is granted, I will be required to enter into a Covenant with the local government granting the exemption in which I must agree to maintain the character of the prop~Jerty and/~thejq'ualifying ilm~pr~ovements fot a term of the exemption. rte, /~r~ ~~~G L ~r„'Z~r1~~/ilJ ~~ `F ~V T Name Sissnature Date ~- Complete the following if signing for an organization or multiple owners: ~ ` ~. Title .~ Organization name w:r.x~w. ~.~. .. ara :aauauucF'z :s:ar«.-.^.R ~ .. -•' --~T '._ ~fc .n:::.-.-•_:~_. ''~S:~~Cxr~'..^~-: ±.._ - .-. :::5:.::s._ _._... .,:~~~ . p e i~ ~ :.:~c::u.~-~ ."•.~-=.._.."r~:=c -:~.~ ~:c:~ ,sue'.,. _ :: i :'::TiES'a.,,.i'~Id$%Si;3~isi'n gHG;:i;,r, r'~,i% ~ '-}a': L° ?:.: :::: ....... ~ -~~~~--_a~: ~`?~ ~ ~ ' : ir~ _ ::.: _ _ - _ - -~.^~ ;;~:_c _ r:'s?~ is ~%:~i;%___'_ :r~. _ - a~, ss.t::'3s:~?iuwi i~~7_~~~ ~ ~__~-_'-..'.3=:-E_ ~:'vi29-.-»qp;?~ _51;v; -r:.r.ui'ar~_w-7:% _r. __~_-:F ::ua':-L."~'...... ...._-~. ._......v__...... (To be completed only for properties in historic or archaeological districtsl: 5. Description of physical Appearance• -~ ~~ , ~I.tr1CL~ Date of Construction ~--1s~ds Date(s) of Alteration(s) Has building been moved? ()Yes (~To If so, when? ~t- ~~-05 -- 2.- acx~ 6. Statement of Significance: ~ U ti tk 1 ~ ~ ~ e >tQ a ~ fs 5 ~o ~~t~til~ DOS Form No. HR3E101292 Property Identification Number ~~= ~3- }"'t(0- (~'-}"l~ ' ~5 $" ~S t Property Address v~ ~~O N . Sly i (~~ ~Q~,U Q 1~1. ~Z~'F ~ ~L.- ~-~~ 7: Photographs and maps: Attach photographs and maps to application. e r , f 1- "'~-~•C~ ~ '~ ,~-e~ o~e~~!~ a Qi wM~ DOS Form No. HR3E101292 Revised 04/03/00 Feature ~ L Approx. to of feature _. a 1 ~{ Describe existing feature and its condition: ~' (~sl D ~~ Photo no. Drawing no. Describe work and impact on existing feature: i~C.. V~+~-~ ~ ~~ __ ,_ Feature Describe work and impact on existing feature: Approx. date of feature Describe existing feature and its condition: Photo no. Drawing no. Feature Approx. date of feature, Describe existing feature and its condition: Describe work and impact on existing feature: Photo no. Drawing no. (To be completed by all aoulicants): Complete the blocks below. Include site work, new construction, alterations, etc. Property Identification Numtmber ]a' ~3`'~"{~0 ' ~ ~ ~ ~"'~ ~ ' ~ g ~ ~ Property Address y+~~~.R ~ wi ~A ~~~~ ~ L~r ~- ~h DOS Form No. HR3E101292 Revised 09/03/00 Property Identification Number ~~ ~?5~ }~~" ~~" ~~~ ~}J$- ~~ NOTE: Applicants should check with local officials to determine whether or not the exemption program offered by their municipal government and/or county allows the special exemption provided by s. 196.1998, F.S. 1. Identify the governmental agency or non-profit organization that occupies the building or archaeological site: 2. How often does this organization or agency use the building or archaeological site? 3. For buildings, indicate the total useable area of the building in squaze feet. (For azchaeologicai sites, indicate the total area of the upland component in acres) squaze feet{)acres( } 4. How much area does the organization or agency use? square feet() acres( } 5. What percentage of the usable area does the organization or agency use? 6. Is the property open to the public ()Yes (}No If so, when? 7. Are there reguIaz hours? { )Yes ()No If so, what are they? 8. Is the property also open by appointment? ()Yes ()No 9. Is the property open o~ by appointment? ()Yes ()No 1. Use(s) before improvement: ~3t t~kit,,~.~ 2. Proposed use(s) after improvement: ~i ~s',r'4 ~'~lCl.~ DOS Farm No. HR3E101292 Revised 09/03/00 Upon completion of the restoration, rehabilitation or renovation, return this form with photographs of the completed work (views of site improvements, exterior and interior work for buildings} to the Division of Historical Resources or the Local Historic Preservation Office, as applicable. These photographs must provide a comprehensive description of the completed work. They should be the same views as the before photographs included in Part 2 of the application. Type or print clearly in black ink. The final recommendation of the Division of Historical Resources or the Local Historic Preservation Office, as applicable, with respect to the requested historic preservation property tax exemption is made on the basis of the descriptions in this Request for Review of Completed Work. 1. Property identification and location: Property Identification Number: ~o~ " 7.3 "~b'I ~ T 9'y~Q ~p - ~~`s~ Address of property: Street ~~ ~ /Y ~w/ rI 't4~ /~ ~C . CitYS„l~_ P_/~'Q ~ C `! County Zip Code ,3'~~ 2. Data on restoration, rehabilitation, or renovation project: Project starting dot ~~rQ-~~ Proje~c/t completion date: t Ct.1Mr o~tJV~ Estimated cost of entire project: $ ~o?Jl ~~ ~• ~ p .,. `~ ~~.\-t \Q ~ pJ~ Estimated costs attnbuted solely to work on historic building r archaeological site: $ ~ ~ a / y i~ 3. Owner Attestation: 1 hereby apply for the historic preservation property tax exemption for the restoration, rehabilitation or renovation work described above and in Part 2 of the Historic Preservation Property Tax Exemption Application (Application) submitted for this project. I attest that the information provided is, to the best of my lanowledge, correct, and that in my opinion the completed project conforms to The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. and is consistent with the work described in Part 2 of the Application. I also attest that I am the owner of the property described above or, if the property is not owned by an individual, that I am the duly authorized representative of the owner. Further, by submission of this Application and Request for Review of Completed Work (Request), I agree to allow access to the property by representatives of the Division of Historical Resources or the Local Historic Preservation Office, where such office exists, and appropriate representatives of the local government from which the exemption is being requested, for the purpose of verification of information provided in the Application and this Request. I understand that, if the requested exemption is granted, I will be required to enter into a Covenant with the local government granting the exemption in which I must agree to maintain the character of the property and the qualifying improvements for the term of the exemption. I also understand that falsification of factual representations in this Application or Request is subject to criminal sanctions pursuant the ws of Florida. anus ~"' g o~ Name Signature Dax Complete the following :f signingfor an organization or multiple owners (See next page for additional owners): Title Organization name Mailing Address Oj o{ 6 N, ..~ W / /1 Ta7't rT tJ C . ~/~~~ ~ City ~~'1Y~.i./ ~~ State Daytime Telephone Number (S `~ °~ 7 ~~ 6 ~ 7 7 Zip Code ..~.3 7' T T DOS Form No. HR3E l O I 292 Revised 09/03/00 • List Additional Owners: Name Street City State Zip Code Name Street City State Zip'Code Name Street City State Zip Code If there are additional owners, provide the indicated information for each on a separate sheet of paper. Property Identification Number /aZ ~T 3 "' ~ b'~ ~" T 7 ~ Q sg' Q~~/ Property Address ~a? ~ /I!, ~ w~ retort 14 y e . "r~~ /r'au ~ ~ L 3 3 yf ~ The ~ocal Historic Preservation Office ( )Division has reviewed Part 3 (Request for Review of Completed Work) of the Historic Preservation Property Tax Exemption Application for the above named property~and hereby: determines that the completed improvemens to the property are consistent with the Secretary of the Interior's Standards far Rehabilitation and Guidelines for Rehabilitating Historic Buildings, and other criteria set forth in Chapter 1A-38, F.A.C., and, therefore, recommends aaproval of the requested historic preservation tax exemption (} Determines that the completed improvements to the above referenced property are not consistent with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, and other criteria set forth in Chapter IA-38, F.A.C., and, therefore, recommends denial of the requested historic preservation tax exemption for the reasons stated in the Review CornrrFents wo~„.~. 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(~F ~ ~ ~.F~~ W3 i ~eAR-~ GyP2~5's ce-l~NS ~-~,~, C~pr~~ss tee; f~Ns• P~ ~-E rL~ 1 -~ A~-E i - Gl-~ RM bee. `` S f ~ i 2~ A~ ~ ~ M ~ ~~~ ~,c~c ~l 1~ a X002 ~ 'rGOA"~'S ~{VC?S'~,'t ~~ ~~iv~-t~e o ~~~~~ ~' QR~~ ~ C~ ~ (''~o~ ~s rf `~ GA~ A N y wa~/~J -~ ~._. ~~~~ --J' 3A~~ ~~.sv,~£e a~~cc~ 6Ath °~~ .~. ~ . `~ ~~ ,~ '` 2007 r THE DELRi4Y BfACNXISrORIC PRESEI2VATIOIV BOARD P.oomy nnarr1E Fnr Ezcelfora+r fa Dctgr+ G+ "I7+e C~fegory OJ ~u~zo~:a~1.ioyri/~' ~i.~-i'~E-'r.~fc~iti~v~ 226 ~'a~r.~ii ~~icf i~a ~orri~ii-i~cni . ,., .., .. ~~,AC~ ~ ~ 5-~ ~J~~r ~oo ~S ~1a1 ~ r~~'~ ~^~~ S -~' S ~ ~ -~U ~4`~ c~ ~~ ~ ~S- ~~ ©~ o~~ ~.s ~, L~ J , ~5 ~~n- ~~,~~o.~s ~ ~ +~ F~:~Nk 11~t,.~ t~L~ ~~~~,~- .D~,~~. S. Side c FF .c ~ ~o~~ ~1> ntc~.Qw's ~- s~~ d ~ G~ Oc,~ cv ~o~ 1 c~ s~`jS n "; 7 -- - w' `~ r a ~t ~_ ,,,~~ i ~ ~'~ ~Au,~dQy ~oo~'S sn~~~~5~ ~ ~e~,~~S~^~ t~. S~a~ ~ C~wN l~~~j;~;S ~X~Sfi~N ~1S£. Fit-~e~.. Ken~ovAt7orvs P'1~Jrv, ~/<a,M ~-i~~. 4Ze~~s~a At-c of ~x+s~r,;,~5 `j~AdB CJJN~t~ P~~~. 3~45~I~A~_-~h(~o~gho~~- A11 of Ex~S•~ • 1 • Sko(z~ ~s~ • SAv£D ~ ~2-F tiN,s~e,d. ALA ~Ade ~u Nay ~~~E ~WvPra ~G. QM, ~ ~k1S~§iN~ yJ~r.~d.okl}S NO ~~h S!~• 4 1' ^' a, x Say- _ . ~ ~ ~?' _ v~r _ ~'L, morn ~7EZi5~~a1 ~ec,~y G~~e£~s GG..')1 't N y 7Q ~~~t~ ~ Gl cif eti'13 ~v lL X ~ S'~) Kyle FQA 1 1 ~M c~. ~S~S'r'~ ~J,ri1d~W'„5'-~a /s7A'E+~ ay1J ~,~~~~s~ ~- o~ig~~~A{ tJagdo~ p~i~tN~~ chirv~4 G~ld3in£t A~~e~ ~e~~is~,~S - y: - _ „ `A .. ~' sj ,, ~.~ F~. ~~. ~~o~;~-S oa-~ ova Q©~~ - ~o . ~r~i~s d~sPe~.s~~ ~h~;5h9~•t. ~v1 AS ~e R ~ ed Qoo~ ~ ate ~ A dd ~ ti v ~ HCA~t oFG~PR45S rRJoofl VAvCfe I 3/~'~~t~ljed Cedgit ~sED ZN GLgS~. CeiLi~S ~ G aowN -fP.~M. .~ : . ~$c.oR.~-'f ~v~ ~~ oc~ ~1i R,i '~o~.NE~~S e F /t CG D ac Rw Py 5 £nrf.~ WE.. ~No.t-S~: r: ., ~~ I ~a i `- ~ ._ j. ~. ~: .~ k t !4 i ?~ i N, ,.~ ~ fit ~ >> ~ fr'' ~. % x•: :a =< kr~ ~. r_na 5~~~ bAf~ ?ub ~ S }~owER- IV~w Rdd,ti;on . ~ p-~f. jL~45iS~ANf. V~t~daK-s - ALu~~r~ur~ Cla4~ O,~ acr~Stcle W• iNoc~ ~~ ~,~,;M ~as~de . /y1AR8le S 1•,AwerL ~•i3~gss F~x~~,e.~s. ,~,.. ~~OJ~S E ~/A 1 Roo F ~~ TR~¢A c~;,~ nr~ y C ASS PAS no eft ME~ i .., O/.D ~R O,a'r H 1 N~ GAtlolt' N~ W° oAK. bd, SfAiaw~ay ~~e o1A5~y ~!•~ ~t oN ~ LITTON LAND SURVEYORS 500 GULFSTREAAA BOULEVARD, SUITE # 209 - DELRAY BEACH, FLORIDA 33483 5B1-276-7575 {OFFICE) ~ 56i-27fi-6fi21 {FAQ LITTQNLS@BELL50UTH.N~i' PROUDLY SERVING PAL WI HOVER 0 YAEARS EXPER ENCE AHD ST. LUCIE COUNTIES ~y 3 - ~4 s.Na~o. N O R T H S W I N T~ N A V E.Le ~ °liats3o.2~'' m~'b2~-V. ~L.B.~711A 76.00 `~ - - Sb7.aa' of x 62 - 2O' PAt)E1ilENT 50' TOTAL R/W r ~ SECTION ~~ ~ CORNER :' 2~ ~`~, r~Q ~ ~2 z il.l ~ 15' PARKWAY ~ CONG C C. a b ~ ~ _ i r ~' ~ Not 7s.oo s' CONC. SIDEWALK 'fie ~~'~~~~ ~ G2 a, 2.61 U Q S.I.R. 5/8" ! S.I.R. 5/8" ~ L.8.~7114 { 1 PLANTER ~ 1 1 1 i L.8.~7114 Z ' ~i Q r' i ~ ~ .50' CONC. R ~ 1 ~ I •~ LLl U 1 of n ~ H Y ~ 1 ~ ASPHALT ~ "' ~ pRIVEWAY ~ ~?~ ~~ ~ 1 ~ ~ ~,. . Q Q { ~ i -~ i $ ~ coNC. ~~ a,~ j I ~ ~ ;'' ~ ; SCREEN ~ - f L ~ ~ 21.50 ~ ~ ~ 1 PORCH - 12.80' ,~ ~I ^~ ~ j ~ } 19.b5' j • ~ ~~ ~ LOT-5 t IPROPOSED ~`. BLOCK-58 i ~ LOT-6 12--STORY ~ 2.0 ' h REMAINDER 1 BLOCK-58 ° ~ ADD1TlON v \ L07-5 3.00' 1-STORY M I ~ ~ {'3~ ~ LOT-7 ~ LOT-7 BLOCK-58 Rea. #22fi 0 LOT-7 1 58 BLOCK-58 REMAINDER SLOCK-5 1 LOCK- m ^ / \ 10.60' 11.65' I 1 . 0 7 ~ 2f.50' ~ 8.93' ~ ~ a ~! t3 ~ s o b I ~ +~•~ -}- 3~q b ih ~ ~ ° ~'b I ROOF °' 12.80'Q' 142.20' ~M 1 1 e " 1 caNC. av , 1 R~ ~ PLANTER 71' ~~' ~ 62 $ ~ - 2 2' 0.87' . $ d4 .40 ~ ~ ~ I p- ~~ ~, POOL a ; WOOD FENCE ~ ~ 3„b~ 5 i 8 1.38'.fi2"E •$,y~„~ L.B.~T£1b 14 ~ afr ^WOODM 76.OD~ ,c' .., r , -1-a D9RAYDFKl1 ~~~~~~ ,~ z~, Roger Cope, Authorized Agent Agent: oaiure~+ AA#~elo 'r~i~~ . ,~ ~, Project Name: Rozzo Residence Project Location: 226 North Swinton Avenue The item before the Board ~ is the consideration of a Certificate of Appropriateness (COA} associated with the construction of are addition to the extant contributing dwelling located at 226, North S}nrinton Avenue {Rozzo Residence), pursuant to Land. Development Regulations (LDR) Section 2.4.6(J). - - Ttie subjecf property consists of the south. one foot-{1') of Lot 5; Lot 6; ~articJ the north one-half {%2}.~of 'dot 7, BlocEc 58, Pfat of Motcalfis Subdivision ~of Blocks 50 and 58, 'Town of Delray. Located_on the west side of North Swinton Avenue, ,approximately 286' north. of NE 2"d Street, the prcperty is zoned OId School Square Historic Arts District (03SHAD) and is within the Old School Square Historic District. The: property' contains a 'x',490 square foot contributing, one- story, Spanish 'Eclectic style single-family dwelling, i~nd a 250 square foot contrltjl:~ting, Frame Vemacufar style accessory garage. White the Citjr's records indicate than file contributing single-.family dwelling was constructed in 1920, there is no definitive build date for the accessory. garage: ;However, based. upon:.the variation in architectural. styles, it would appear that the garage;was constru.cted.at a later,date; possibly in the late T920`s. The existing swimming-pool, located to the rear (west) of the dwelling, was constructed in 1962. . Earlier„ this. year the interior .and roof of the :extant contributing single.-family dwelling were. damaged by fire. This has resulted. in the demolition of the majority of the interior as well as repairs to the roof and electrical systems of the dwelling. Prior #o commencing with the recor~struction of the dwelling interior (for which a building permit has been issued}, the~~properly owners have elected to move. forward with a proposal to .construct a~ finro=story addition to the south .side of the extant contributing .dwelling for which a Certificate of Appropnateness (COA) has been-submitted: The proposed addition will_add 1,888 square feet to the existing-dwelling and will consist of two bedrooms and a bathroom an the #irst floor and a master bedroom suite on the second floor.. !t is noted that the construction of the proposed addition and interior reconstivcfion woeald occur simultaneously. LDR Section 2.4.6(J) -Certificate of Appropriateness: Pursuant to LDR Section 2.4.6{J) (5), the Board must make a fnding that any Certifcate of Appropriateness which is to be approved is consistent with Historic Preservation purposes pursuant to Objective A-4 of the Future Land Use Element of the Comprehensive Plan and specifically with the provisions of LDR Section 4.5:1. Meeting Date: December 15, 2004 Agenda Item: Ill. C. Historic Pressrvatiori Board Memorandum Staff Report 226 North Swinton Avenue (Rozzo Residence) -Old School Square Historic District (COA 2005-027) Page 2 Fufure_ Land Use Element Obiective A-4: The redevelopment of Iand and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adfigrence to the Guy's Historic Preser-tation Ordinance and the following policies: Policy A~4.9._ 1?rior to approval or recommending approval of any land use or development application for=property- located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.9 of the Land Development Regulafions rielafing to historic sites and districts and the "Delray Beach Historic Preservation Design Guidelines': LDR Sections 4.5.7 (E) {4} and 4.5.9 (E) (7), provide guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exteriar architectural features. The guidelines are. as.follows: (Ej (4j A historic:site or building, strucfur~e, site, improvement, or appurtenance within a historic dis#rict shall ;be ahfereol, restored, preserved, repaired, relocafed, demolished; ar. ~otherwise_- changed in accordance :with the. Secretary of the Inferior's. Standards for . Rehabilitation, as amended from time to time. -- (Ej {Zj The construction of new. ,buildttrgs: or - sfructc~res, or the relocation; alteration, _ .. ' °-`ecorstrY~c#iorr, .or`major rep'air` or nie7xitenance of a` i~c7n-confifbutmg~bul7ding or strvafufie within.. a designated. historic .district shall. meet the ,same, .compatrbility standards as any . rnaferial changa~ ,in. the exterior appearance of an exrstrng norr-con'frb[rting buddy»gi. Any, material, change in the exterior appearance of,~any existing, nori=confributing building, sfructure, or. appurtenance rn a designated historic drs#rict shall be generally corr`tpafible wrth..t}re forrr-~ ; propor{ion, mass, contiguratron, budding: material, texture,. color, ,acrd location of historic ;buildings; -sfrucfures, or sites: adjoining or reasorlably,approxlrnate fo the non-contnbufirig building, sfriucture; or site. !t'i' ~dd~tioi'i; ~ LDR SeCtiori ~4.v.'1 {E}' (8) states that all improvements #d 6uildings,'~sfru+ctures~ and appurteian~ces within' a f7istoric'tlistrict steal! `be visually compafitile arrci that visual ~compatifjility sha1F'b~ tite~eminet ~ iapvn' criteria (a)' through ~ {k}. Ttie oi'iteria applicable to `the' developi~aetit` proposal are as follows: •~ - . (a)' '• f1~: The height of proposed buildings or moditlcations shall ;be visuaNy compatrble~Tn " compenson or relation fo the°heighf of`existing Structures and °buildings. ~ ' (cj Rroportlyn of ~ OQenirrcas flMndowsi and Doors!: The openings of arty building wifhiri a historic: districf>shall be visually ~~eonapatible with; the. openings exernp1rf~ed by the ,,-:. prevailing historic architectural styles within the historic district. -The reletionsiiip of ~fhe windows :and doors fo the fieight of windows and doors among buildings within" tits district shs!! be visually compafib/e. (gj Relationship of Materials, Texture and Color: The relationship of materials, texture, .and ' color of the fagade o~-~ building shat! be visually compatible with the predominanf materials used in the hlstocic sites; bu~7drngs, and structures within a historic dis6~ist. (hj Roof Shapes: The roof shape of a building or structure shall be visually compatible with . the roof shape of a hisforic site, building, ~ or strucfure within a historic district. (17 Seale of a Builalina: The. sine of a building, the building mass in raelation to open spaces, wind, ows, -.door openings, balconies, and porches shall be visually compatible.. wi#!t fhe building. size and building mass of historic sites,.-buildings,. and structures within a .historic district. - Historic Areservation Board Memorandum Staff Report 226 North Swinton Avenue (Rozzo Residence) -Old School Square Historic District (COA 2005-027} Page 3 The Secretary of the Interior's Standards for Rehabilitation recommend that: O New additions, exferior alterations, or related new construction shall not desfroy historic. materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to profecf the historic infegrity of the property and its environment O New addifions and adjacent or related new construction shall be .undertaken in such a manner that if removed in the future, -the essential form and integnty of the historic property and its environment would be unimpaired. The Delray Beach Historic Preservation Design Guidelines include the following with regard to additions: O Locate an addition as inconspicuously as possible, usually to the rear or leasf public side of a building. O Additions or accessory structures should not be located in front of the established front plane of a historic building. f7 . !n a historic district, consider the surrounding buildings and the compatibility of the ~addifion in #erms of size, scale,. materials, mass. and roof form. ~ Insure that the addition is secondary and subordinate fo the main mass of~ the .historic building. Additions that overwhelm-the original building are not an acceptable solution. Analysis: _ . As noted above, theproposal is to construct a~ 1,888 square foot; two-story addition on the sotath~ side of the extant contrib~rting single-family dwelling:. The addition wi[i beconstructed in"the same Spanish Eclee#ic style as the extanf structure as well~as being compatible with- regard ~to massing, size; scale and arcfiitecturaP features. However, the addition will be clearly differentiated from the original building. This differentiation-will be ensured principally by.the height of the addition, but also by the use of a hipped roof as opposed to the flat roof #ound on the extant structure. As mentioned above, height is one of the differentiating characteristics between the addition and the extant historic structure. While differing from the original building; the height.of the' a~dtiition (approximately 24') will be visually compatible. Further, the addition is approximately 23' wide as compared to the original structure which is approximately 35' wide. Thus, the addition will not overwhelm the original building and the height of the addition and use of the hipped roof is consistent with the Spanish Eclectic style of architecture. The height as well as the massing, size and scale of the addition will also be compatible with the surrounding buildings within the district. While one-story buildings are the most prevalent within the district, there are numerous two-story buildings as well. -- The addition wiN consis# of a barrel fife roof to match the existing and aluminum framed casement windows in the same style as the extant historic building. The palm tree medallion found on the extant building will be replicated and used on the addition. The relationship of the openings in the addition and the materials, textures and colors (white with pale blue accents) of the addition will be consistent with those of the extant building as well as being visually compatible with the overall district. It is noted that the design of the addition, while consistent and compatible with the originaf structure, is such that it could potentially be utilized separately from the extant historic dwelling. Historic Preservation Board Memorandum Staff Report 226 North Swinton Avenue (Roao Residence) -Old School Square Historic District (COA 2005-027) Page 4 As such, modifications to the proposed floor plan may be necessary to eliminate this potential, and staff will work with the applicant to this end. Based upon the above, positive findings can be made with regard Sections 2.4.6(.3) {5} and 4.5.1 of the Land Development Regulations as well as the Secretary of the Interior's Standards for Rehabi!'~tation and the Delray Beach Historic P1-eservation Design Guidelines. A. Postpone with direction. B. Move approval of the Certificate of Appropriateness for 226 North Swinton Avenue {Rozzo Residence} by adopting the findings of fact and taw contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria se# forth in LDR Sections 4.5.1(E} (4), (E) (7}, and {E} (8) (a-k), 4.5.1{i=)_ and 4.5.1(.1), the Delray Beach Design Guidelines, and the Secretary of the Interior's Standards far Rehabilitation. C. Move denial of the Certificate of Appropriateness for 226 North Slivinton Avenue. {Romeo Residence) by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsisterifi with the Comprehensive Rlan and does not meet the criteria set forth in LDR Sections 4.5.1(E) (4), {E} (7), and {E) {8) (a-k), 4.5.1(F) and 4.5.1'(J}, the Delray Beach Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. ` . Move; appr~yal of, the :Certificate of -Appropriateness ~fbr 226 North . Swirtiton AvQnue {Rorzo Residence) by adopting the findings .of fact and law contained in. the staff report, and finding tfiat the request and;approval,thereof is-consistent with the. Comprehensive Plan and-meets:the criteria set forth in LDR Sections 4.5..1 (E) (4), (E} {7},.and {E}.{8) {a=k), 4.5.1::(F} and 4.5.1(J}, the Delray Beach ;~ Design Guidelines,: and the Secretary of the [nteriot's .Standards for Rehabilitation. attachments: survey, site Plan, Floor Plan and ArGtitectural t:levations Memorandum Steff.Report Pnpare~ by: Robert G. 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O a a v 4 t '~Nt '51731EFf9tlV 3d0~ MEMORANDUM SS~~ ~~ TO: MAYOR AND CITY COMMISSIONERS FROM: TERRILL BARYON, ASSISTANT CITY ATTORNEY THROUGH: CITY ATTORNEY DATE: NOVEMBER 2, 200Q7 SUBJECT: AGENDA ITEM # V. ResolutioH No. 63-07 ITEM BEFORE COMMISSION The item before the City Commission is Resolution No. 63-07 appointing a Budget Task Force to review the City's budget and make recommendations regarding same. BACKGROUND The attached resolution establishes a volunteer Budget Task Force of seven regular members and two alternate members to review the City's budget for six months. The Budget Task Force will make recommendations in the form of a five-year budget strategy regarding salaries and benefits, operating expenses, debt service expenses, capital outlay, grants to other entities and transfers to other funds. RECOMMENDATION City Commission discretion. RESOLUTION NO. G3-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPOINTING A BUDGET TASK FORCE TO REVIEW THE CITY'S BUDGET AND MAKE RECOMMENDATIONS REGARDING SAME; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to establish a volunteer Budget Task Force of nine (9) members (seven (7) regular and two (2) alternate members) to review the City's budget for six (6) months from the date of the initial organizational meeting of the Task Force and make recommendations regarding budget issues; and WHEREAS, the City Commission desires to establish a Budget Task Force to review the City's budget for six (6) months and make recommendations regarding salaries and benefits, operating expenses, debt service expenses, capital out]ay grants to other entities and transfers to other funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission hereby agrees to appoint a Budget Task Force with the qualifications that meets the requirements as set forth below: A. Budget Task Force Member Requirements: 1. The Task Force shall consist of nine (9) members (seven (7) regular and two (2} alternate members) appointed by the City Commission. 2. All members shall be residents of or own property in the City, own a business within the City, or be an officer, director or manager of a business located within the City. 3. At least five (5) of the regular members on the task force shall have one (1) of the following qualifications: a. Certified Public Accountant b. Certified Financial Planner c. Investment Advisor d. Insurance Professional (maybe property/casualty or health) e. Business Owner/Manager f. MBA or MPA degrees The remaining two (2) regular members and two (2) alternate members may be at large. S 'on That the Budget Task Force shall be responsible for reviewing the City's budget and making written recommendations in the form of a five-year budget strategy to the City Commission regarding the City's following budget issues: A. Budget Task Force Responsibilities: $.~aries and Fringe Benefits a. Identify and prioritize services and service levels b. Analyze and prioritize overtime payments c. Review pension plans i. Review plan expenses ii. Alternative retirement plan benefits iii. Alternative retirement plans iv. City vs. employee contributions d. Review group health plan i. Alternative health insurance plan benefits ii. Alternative health plans iii. City vs. Employee contribution 2. Qper~~gg es a. Review and evaluate use of "Other Professional Services" b. Review and evaluate use of "Other Contractual Services" c. Review "Portable Phone/Beeper'' expense d. Review vehicle assignment and utilization e. Review "Travel & Training" costs f. Review "Training and Education" costs 3. Debt Service Exuenses a. Review and evaluate debt policies 4. ~anitalOutlav a. Review and evaluate capital outlay policies 2 ICES. N0.63-07 5. grants to Oche; Entities a. Review "Transfer to Community Redevelopment Agency" b. Review "Transfer to Library" c. Review other "Grants and Aids" 6. Transfers to Other Funds a. Review "Transfer to Beautification Trust" b. Review "Transfer to General Construction" i Policies regarding annual transfer required ii. Maintenance vs. capital projects c. Review policy on reserves PASSED AND ADOPTED in regular session on the day of , 2007. Attest: City Clerk MAYOR 3 RES. NO. b3-07 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~~~ DATE: SUBJECT: ITEM BEFORE COMMISSION This is a resolution assessing costs for abatement action required for the unsafe swimming pool barrier at: 5116 Pineview Circle. BACKGROUND 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. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Resolution No. 62-07. NOVEMBER 2, 2007 RESOLUTION NO. 62-07 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. WHEREAS, the Building Official or his designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 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 unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and upon failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the Ciry Manager of the City of Delray Beach has, pursuant to Section 7.8.21 of the Land Development Regulations of the Ciry of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of THREE HUNDRED SEVENTY AND 00/100 DOLLARS as shown by the report of the City Manager of the Ciry of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 7.8.21 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. 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 immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action regarding an unsafe building by 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 eight percent (8%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective immediately upon adoption and the assessment(s) contained herein shall become due and payable within thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said properry(s), 2 Res. Na. 62-07 and interest shall accrue at the rate of eight percent (8%) per annum plus reasonable attorney's fee and other costs of collection. 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 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 eight (8%), and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this day of 2007. MAYOR ATTEST: City Clerk This instrument was prepared by: Susan A. Ruby, City Attorney 200 N.W.18` Avenue Delray Beach, Florida 33444 3 Res. No. 62-07 CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT TO: Charlotte F. Cofman ADDRESS: 5116 Pineview Circle, Delray Beach, FI 33445 PROPERTY: 5116 Pineview Circle, Delray Beach, FI 33445 LEGAL DESCRIPTION: Evergreene Lt 13 Blk 1 ORB 03031, Page 1615 in the Official Records of Palm Beach County, Florida You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of $370.00 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 20_, has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above- described property. You were given notice on 08/16/07 that the Chief Building Official had determined that abuilding/structure located on the above-described property was unsafe. You were advised in that notice of the action that would be taken to remedy the unsafe condition and the action would be initiated by the City if you failed to act. XXX You failed to appeal the decision of the Chief Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Chief Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to that the action as required by the order of the Board of Construction Appeal. You appealed the decision of the Chief Building Official to the Board of Construction Appeals on .The Board of Construction upheld the decision of the Chief Building Official. U:unsafeassessment The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on 09/14/07 at a cost of $370.00, which includes aten-percent (10%) administrative fee. If you fail to pay this cost within thirty (30} days, that cost plus additional administrative and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above described property. THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COST, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISION City Clerk U:unsafeassessment 2 COSTS INCURRED PICTURES & POSTAGE $ 50.00 TITLE SEARCH PLUMBER SEPTIC TANK RECORDING 11.00 POOL CONTRACTOR DEMOLITION MATERIALS INSPECTIONS TOTAL LESS ADM. FEE , 10% ADM. FEE GRAND TOTAL 60.00_ 215.00_ 336.00_ 34.00_ $ 370.00 ~~rn,°sae~~su ~~ ASS~sk~'ti ~~ MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Barton, Assistant City Attorney THROUGH: Susan A. Ruby, City Attorney DATE: October 29, 2007 SUBJECT: AGENDA ITEM #8 H -REGULAR MEETING OF NOVEMBER 6, 2007 AMENDMENT NO 1 TO THE INTERLOCAL AGREEMENT AND MULTIPLE PARTY AGREEMENT FOR THE EAGLE'S NEST PROGRAM AT ATLANTIC HIGH SCHOOL CAREER ACADEMY ITEM BEFORE COMMISSION Amendment No. 1 to the Interlocal Agreement and Multiple Parry Agreement for the Eagle's Nest Program at Atlantic High School Career Academy (Known as the Eagle's Nest Interlocal Agreement) providing an extension of time until June 30, 2008 to complete construction. BACKGROUND The original agreement was approved on November 22, 2005 between the City, Chamber, School Board, and CRA in order to allow students to construct a house in the City of Delray Beach for affordable housing purposes. 'This amendment provides an extension of time until June 30, 2008 to complete construction. RECOMMENDATION Staff recommends approval. AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT AND MULTIPLE PARTY AGREEMENT FOR THE EAGLE'S NEST PROGRAM AT ATLANTIC HIGH SCHOOL CAREER ACADEMY (KNOWN AS THE EAGLE'S NEST INTERLOCAL AGREEMENT) THIS AMENDMENT NO. 1 to the Interlocal Agreement and Multiple Party Agreement for the Eagle's Nest Program at Atlantic High School Career Academy dated November 22, 2005, is entered into this day of , 2007, by and between the CITY OF DELRAY BEACH ("City"), the COMMUNITY REDEVELOPMENT AGENCY ("CRA"), the GREATER DELRAY BEACH CHAMBER OF COMMERCE ("Chamber"), and the SCHOOL BOARD OF PALM BEACH COUNTY ("School District"), (all collectively known as the "Parties"). WITNESSETH: WHEREAS, the Parties acknowledge and agree that the Agreement between the Parties dated November 22, 2005 is in full force and effect and that this Amendment merely supplements said Agreement; and WHEREAS, the Parties hereto entered into an Agreement providing for a completion deadline of twenty-four (24) months after the date of execution of the above- referenced agreement; and WHEREAS, the Parties have mutually agreed to an extension of time until June 30, 2008. NOW, THEREFORE, in exchange for the mutual covenants and promises set forth herein, the Parties agree as follows: 1. That the recitations set forth above are hereby incorporated as if fully set forth herein. 2. Paragraph 5(d), "School District's Responsibilities" of the Agreement of November 22, 2005 shall be amended as follows: (d) The School District shall complete the construction of the house no later than June 30, 2008. 3. Exhibit "B", "Construction Agreement", Paragraph 1 F,of the Agreement of November 22, 2005, shall be amended as follows: F. The School District shall take all necessary steps to ensure that construction of said improvements shall proceed continuously and diligently, and in all events shall complete construction and equipage of said improvements and pertorm all covenants and promises contained in the preceding sub-paragraph (E) hereof not later than June 30, 2008. 4. All other terms and conditions of the Agreement dated November 22, 2005 not expressly modified by this Amendment No. 1 shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this instrument under their respective seals the day and year first above written. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor Approved as to Form: City Attorney 2 ATTEST: By: Arthur C. Johnson, Ph.D. Superintendent THE SCHOOL BOARD OF PALM BEACH COUNTY By: Thomas Lynch Chairman Approved as to Form: ATTEST: COMMUNITY REDEVELOPMENT AGENCY By: Print Name: Title: Approved as to Form: WITNESSES: Print Name: GREATER DELRAY BEACH CHAMBER OF COMMERCE By: Bill Wood, Director Print Name: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: TERRILL BARYON, ASSISTANT CITY ATTORNEY THROUGH: CITY ATTORNEY y~ S DATE: OCTOBER 31, 2007 SUBJECT: AGENDA ITEM # O ~ REGULAR MEETING OF NOVEMBER 6, 2007 Authorization to Terminate the Agreement between the City and Pro DVD Makers ITEM BEFORE COMMISSION The item before the City Commission is authorization to terminate the agreement between the City and Pro DVD Makers due to budgetary constraints. BACKGROUND On July 27, 2006, an Agreement was entered into between the City and Pro DVD Makers for virtual tours of the City's parks and buildings to be produced and placed on the City's website for public viewing. On December 18, 2006, Amendment No. 1 to this Agreement was enacted extending the original agreement until July 3l, 2010. Due to the 2008 budgeting constraints that affect our ability to pay the costs associated with continuing to have the tours maintained and operating on the City's website, our office is seeking permission to terminate the agreement with thirty (30) days advanced written notice as required under the terms of the agreement. The Chamber of Commerce will be considering an agreement with Pro DVD Makers for the virtual tour services. RECOMMENDATION City Commission discretion. AGREEMENT M~--~ THIS AGREEMENT is made this o` ' day of ~- , 2006, by and between the CITY OF DELRAY BEACH, FLORIDA (the City") and SOUND INVESTMENTS BY J.W. iNC. dlbJa PRO DVD MAKERS ("Contractor") WITNESSETH: WHEREAS, the City desires to engage Contractor's services to provide a virtual tour of the City's parks online and on DVD; and WHEREAS, the City has determined that it is in the public's interest to enter into an agreement with Contractor to provide a virtual tour of the City's parks online. NOW, THEREFORE, based on the promises and covenants herein contained, the parties agree as follows: 1. Term. This Agreement shall be effective for a period of one {1) year from August 1, 2006 until Juiy 31, 2007 unless terminated as herein provided. 2. Services to be Performed. Contractor's duties shall include, but not be limited to the following: a. One (1) photographer (all raw digital photos on disk) b. Virtual Tours of all facilities mentioned (ultimate exposure package) c. Custom video/personalized DVD package (custom designed DVD movie of each listing) d. Custom branding (logos, pictures, banners, flyers) e. Marketing partner banner ad spot (1 }. Free of charge the City can utilize five (5) banner ad locations that rotate up in the top right hand comer of every tour. Con#ractor wilt utilize the rest for local businesses. Only professional businesses (no x-rated, porn, strip clubs, etc.} f. Information buttons (map button, city button, satellite view button, email button, download button, schools button, slideshow button, video button) g. Important text info section (located under each spin for important information or descriptions) h. Facility section (this will contain the address, phone number, email, website, contact person, and hours) i. Custom flyer button {this pulls up a printable information flyer) j. Link tour to City's website k. One (1) copy of each tour on CD Five (5} copies of each facility on custom designed DVD m. One (1) month of unlimited updates. n. Tour is good for one {1 }year o. Provide all necessary materials and supplies. p. Provide all necessary labor. q. Provide all ancillary services necessary to accomplish the services outlined herein. 3. Parks and Facilities to be Filmed: Athletic Fields 1. Currie Commons Park 2. Merritt Park 3. Miller Park 4. Pine Grove Park 5. Pompey Park 2 Beach and Ocean Front Parks 1. Delray Municipal Beach 2. Anchor Park 3. Atlantic Dunes Park 4. Sandoway Park 5. Sarah Gleason Park Community Parks 1. Catherine Strong Splash Park 2. Mike Machek Boy Scout Park 3. Barwick Park 5. Lake View Park fi. Oakmont Park 7. Orchard View Park 8. Worthing Park 9. Delray Oaks Natural Area 10. Leon M. Weekes Environment Preserve 11. 505 Teen Center Intracoastal Parks 1. Knowles Park 2. Veterans Park Schools 1. Atlantic Community High School 2. Carver Community Middle School 3. Orchard View Elementary School 4. Pine Grove Elementary School of the Arts 5. Plumosa Elementary School Municipal Golf Courses 1. Delray Beach Golf Club 2. Lakeview Goif Course Tennis Clubs 1. Delray Beach Tennis Clubs 2. Swim and Tennis Club 3 Public Utilities 1. Water Treatment Plant Fire Stations 1. Fire Station 1 2. Fire Station 2 3. Fire Station 3 4. Fire Station 4 5. Fire Station 5 6. Fire Station 6 Ci Hall Police Deuartment The Courthouse Community Center Historic Architecture Walking Tour 1. S.D. Spady Cultural Museum 2. Susan Williams House 3. Sundy House 4. Old School Square Complex 5. Cason Cottage Complex, Cason Cottage 6. Banker's Row 7. Colony Hotel 8. Sandoway House 4. Fees. The City shall pay the Contractor a total of Thirteen Thousand Four Hundred Dollars ($13,400.00} for the services outlined in Section 2 above. Six Thousand Seven Hundred Dollars ($6,700.00) will be paid to Contractor within thirty (30) days of execution .of this Agreement and the remaining Six Thousand Seven Hundred Dollars {$6,700.00) will be paid within thirty (30) days of completion of the services. 4 5. Indemnity; Soverei4n Immunity. Contractor shall indemnify and hold harmless and defend the City, its offcers, empbyees and agents from any and all claims or causes of action that may arise out of the services to be performed by Contractor, including but not limited to attorney's fees and costs the City incurs at the trial or appellate levels. The parties understand that the City does not waive its sovereign immunity under Fla. Stat. § 768.28. 6. Insurance. Contractor shall provide the City with Comprehensive General Liability Insurance in the amount of $500,000.00. Contractor shall name the City as an additional insured on the Insurance Certificate. 7. Independent Contractor. Contractor is an independent contractor. Contractor or its employees are not employees of the City and shall be responsible for all terms and conditions of employment including the payment of taxes as required by law. 8. Transportation/Travel/Accommodations. Contractor steal! provide all transportation, travel, and accommodations. 9. Termination. Either party may terminate this agreement upon thirty (30) days written notice to the other #or any or no reason. 5 10. Notices. Any notice or communication under this agreement shall be in writing and may be given by registered or certified mail. If given by registered or certified mail, the notice or communication shall be deemed to have been given and received when deposited in the United States Mail, properly addressed, with postage prepaid. If given otherwise, than by registered or certified mail, it should be deemed to have been given when delivered to and received by the party to whom it is addressed. The notices and communication shall be given to the particular parties at the followirig addresses: City: Jae Weldon, Director of Parks and Recreation City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Contractor: James Arena, President Pro DVD Makers 552 S.E. 27~' Way - Boynton Beach, FL 33435 11. Venue; Laws. This Agreement shall be construed under the laws of the State of Florida with venue in Palm Beach County, Florida. 12. Modification. Except as expressly permitted herein to the contrary, no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. 13. Entire Agreement. This is the entire Agreement of parties and modifications must be in writing and executed by the parties hereto. 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: City clerk Approved~as to legal sufficiency and form: B ~ ~ ~~ Y ~~C~City Attorney 7 ZS d ro WITNESSES: STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF DELRAY BEACH, FLORIDA ~ /• ~~~~ David T. Harden, City Manager PRO DV MAKERS By: es Arena, President The foregoing instrument was acknowledged before me this 1 ~ day of ~`y _ 2006, by ~/4 he is nersonall rLknown to me or has produced (type --~.~.._ of identification) as identification. ~~ Notary Public -State of Florid ce~o n~~ssr ~":'""w,~ No~1r py~ . stale d Fbtide ~; ~ Corte Etas Sep 24, 2009 ~~ ~ ~i coy ~ DD 473996 7 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDWWYY) 07125!2006 PRODUCER Bernard Fleischer & Sons, Inc. 2 John Street New York NY 10038 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. , P"°na "° 212 566-1881 Fax "°~ 212 566-16i 5 ~ INSURERS AFFORDING COVERAGE NAIC # INSURED } S d I t t JW I b INSURER A: EFM -Empire Fire and Mar4ne Insurance Company oun nves men s y nc. 9304 Watercourse Way INSURERS: Boynton Beach, FL 33437 INSURER C: INSURER D: P"°"° "° 561 248-3720 Fax No. INSURER E: cuv THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICYNUMBFJ2 POLN:YF~FECTIVE POLN:YEXPIRATION LIMITS GENERALLUIBILITY EACH OCCURRENCE 5 1 OOO OOO COMMERCIAL GENERAL LIABILITY P~ IM S ED e S 1 OOO CLAIMS MADE ~ OCCUR 5 OOO FI0103719 OS1 MED EXP An one ) S EFM 0i/2006 08/31/2006 PERSONALaADVINJURY s 1000000 G£NERALAGGREGATE S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS • COMP/OP AGG S 1 OOO OOO POLICY PRO• LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT S ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Po' Pe'SDn) H IRED AUTOS BODILY INJURY S NON-OWNED AUTOS (~ a~+~) ~°x`~` PROPERTYDAMAGE S (Per accident) ar~ae,ar GARAGE LUU3IUTY AUTO ONLY - EA ACCIDENT S ANY AUTO EA ACC OTHER THEW S AUTO ONLY: AGG S EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE S OCCUR ~ CLAIMS MADE AGGREGATE S a DEDUCTIBLE S RETENTION E S WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYt7tS' LIABIIJTY ANY PROPRIETORIPARTNERlEXECUTIVE E.L. EACH ACCIDENF S OFFICERMIEMBER EXCLUDED? Y@S E.L DISEASE - EA EMPLOYEE S K describe under SPECIAL PROVISIONS below EL DISEASE • POLICY LIMIT S on+ER coverpe Dadueude BESCRIPrgN OF OPERATIONS!LOCATIONS /VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Coverage Location: United States $ Canada plit Dates apply to all coverages in the specified section. Production City of Defray Beach Certificate Holder is named as an Additional Insured as their interests may appear. Afl coverages expire at 12:01 a.m. Standard Time. City of Delray Beach 100 NW First Avenue Delray Beach, FL 33444 Phone No. ACORD 25 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EJCPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAY8 WRnTEN NOTICE TO THE CERTIFlCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR t.iABILITY OF ANY KNiD UPON THE INSURB2, ITS AGENTS OR AUTNDRI2ED RE?RESENTATIVE Fax No. 8.9151 _t ~sR2at mans ®ACORD CORPORATION 1988 AMENDMENT NO. 1 TO THE AGREEMENT WITH SOUND INVESTMENTS BY J.W., INC. dlb/a PRO DVD MAKERS THIS AMENDMENT NO. 1 to the Agreement with Sound Investments by J.W., Inc., d/bla Pro DVD Makers regarding the virtual tour of the City's Parks online and on DVD, is entered into this ~~ day of 7e~erribe~ 2006, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation ("City"} and SOUND INVESTMENTS BY J.W., INC., d/b/a PRO DVD MAKERS ("Contractor"). WITNESSETH: WHEREAS, the parties desire to amend the Agreement in this Amendment No. 1, to provide for the service and maintenance of the virtual tours online and extension of the contract until July 31, 2010 and additional payment for same. NOW, THEREFORE, in consideration of the promises and covenants set forth herein, and the good and valuable consideration as provided for herein, the parties agree as follows: Recitations. That the recitations set forth above are hereby incorporated as if fully set forth herein. 2. Paragraph 1, "Term" of the Agreement of August, 2006, shall be amended as follows: Term. This Agreement shall be effective for a period of four (4) years from August 1, 2006 until July 31, 2010 unless terminated as herein provided. 3. Paragraph 2, "Services to be Performed" of the Agreement of August 2006, shall be amended as follows: Services to be Performed. Contractor's duties shall include, but not be limited to the following: a. One (1) photographer (all raw digital photos on disk) b. Virtual Tours of all facilities mentioned (ultimate exposure package) c. Custom video/personalized DVD package (custom designed DVD movie of each listing) d. Custom branding (logos, pictures, banners, flyers) e. Mazketing partner banner ad spot (1) Free of charge the City can utilize five (5) banner ad locations that rotate up in the top right hand corner of every tour and utilize the rest for any City purpose including but not limited to notification of special events by the City. (2) Non City marketing or ads will not be allowed. f. Information buttons,{map button, city button, satellite view button, email button, download button, schools button, slideshow button, video button} g. Important text info section (located under each spin for important information or descriptions) h. Facility section (this will contain the address, phone number, email, website, contact person, and hours) i. Custom flyer button (this pulls up a printable information flyer) j. Link tour to City's website k. One (1) copy of each tour on CD 1. Five (5) copies of each facility on custom designed DVD m. Tour is good for four (4) years. n. Provide all necessary materials and supplies. o. Provide all necessary labor. p. Provide all ancillary services necessary to accomplish the services outlined herein. q. Provide service, maintenance, and renewal of the virtual tours until the contract expiration date. 2 4. Paragraph 4, "Fees" of the Agreement of August, 2006, shall be amended as follows: Fees. The City shall pay the Contractor a total of Thirteen Thousand Four Hundred Dollars ($13,400.00) for the services outlined in Section 2 above. Six Thousand Seven Hundred Dollars ($6,700.00) will be paid to Contractor within thirty (30) days of execution of this Agreement and the remaining Six Thousand Seven Hundred Dollars ($6,700.00} will be paid within thirty (30) days of completion of the filming of the virtual tour. Thereafter, the City shall pay the Contractor Twenty-Four 'T'housand One Hundred Dollars ($24,100.00) annually for maintenance services. The first payment shall be Twelve Thousand Dollars ($12,000) payable upon approval of this agreement. Thereafter, commencing on March 1, 2007, a Six Thousand Dollar ($6,000) payment shall be made each quarter on the first day of the quarter until the expiration of the contract on July 31, 2010. 5. Termination. Either party may terminate the agreement upon thirty days written notice to the other for any reason or no reason. If the City terminates it will pay contractor for all services provided to the City up to the date of termination provided the services provided were acceptable to the City. 6. Full Force and Effect. All other terms and conditions of the Agreement expressly modified by this Amendment No. 1 thereto remain in full force and effect. 7. Entire Agreement. This Amendment No. 1 contains the entire Agreement between the parties as it pertains to Amendment No. 1. 3 ATTEST: ~. ~~ City Clerk Approved as to Form: CITY OF By: ~ Scf(-_City Attorney 1 ~1 ~3/DSO WITNESSES: PRO DVD MAKERS ~.. tl i ,(~'/v By: ~r' t Name: _ j~l ~trr ~a (~ uc v~ r s Arena, President Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument wasa~cknowledged before me this '~' day of 2~ernl3er' , 2006, by SQti~s i~-tr~en cam-, ~2ST ; c~,¢ tt~' {name of officer or agent, title of officer or agent) of Scw,d ~nvc,~gn-k~ bx J. v~ ;, ~nL (name of corporation acknowledging), a ~,~; ~ (state or place of incorporation) corporation,. on behalf of the corporation. Cs1~She i~ersonally known to me or has produced (type. of identification) as identification and did (did not) take an oath. / I ~l.l ~i l.~ Cp.7 otary Public -State of Florida g~.+~`" "~ Susan Kiminas . Commission ~ DD389500 "~~, Expires Felxuary 7.2009 ~ M~W/tlryF~in-Muria,Yq. lOo-~70t9 4 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~-~'~ ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER THROUGH: DAVID T. HARDEN, CITY MANAGER ~1~ I i DATE: OCTOBER 29, 2007 Q SUBJECT: AGENDA ITEM # f} . ~ -REGULAR MEETING OF NOVEMBER 6, 2007 APPROVAL AMENDMENT NO. 1-DOWNTOWN MARKETING COOPERATIVE AGREEMENT ITEM BEFORE COMMISSION Commission is requested to approve Amendment No. 1 to the Downtown Marketing Cooperative Agreement dated May 11, 2006 between the City, Chamber of Commerce, Community Redevelopment Agency and the Downtown Marketing Authority. BACKGROUND Attached for consideration is Amendment No. 1 to the original agreement dated May 11, 2006. This amendment includes two (2) changes: 1. Paragraph 10(F) "Fireworks" is changed to reduce the City's contribution to $40,000 versus $49;000 to coincide with the approved budget. 2. Paragraph 11(D) "Art and Jazz on the Avenue and Similar Events" changes the percentage the Downtown Marketing Cooperative is to pay the City for DMC events from 20% to 35% per the recently approved Special Events Policies and Procedures, as well as full cost for use of the new stage. All of the other DMC partners have approved this amendment. RECOMMENDATION Staff recommends approval of Amendment No. 1 to the Downtown Marketing Cooperative Agreement between the City, Chamber of Commerce, Community Redevelopment Agency and the Downtown Development Authority. RAB/db Attachment U:lwwdatalAgendaWgenda Item Approval Amendment#1 DMC.doc •f. AMENDMENT NO.1 TO-DOWNTOWN MARKETING CO-OPERATIVE AGREEMENT THIS AMENDMENT NO. 1 is made this 27 day of ~~T~ d~'I'~,. 2007, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF DELRAY BEACH (hereinafter referred to as the "CRA"), the DELRAY BEACH DOWNTOWN DEVELOPMENT AUTHORITY (hereinafter referred to as the "DDA"), the GREATER DELRAY BEACH CHAMBER OF COMMENCE (hereinafter referred to as the "Chamber"), and the CITY OF DELRAY BEACH (hereinafter referred to as the «C~Y") WITNESSETH: WHEREAS, the CRA, DDA, Chamber and Clty mu#ually covenant and agree to amend and modify the Downtown Marketing Co-Operative Agreement entered into on May 11, 2006 in order to ensure that it comports with recent changes to the Special Events Policies and Procedures and the City's Budget. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained,~the parties agree as follows: 1. The recitations referred to above are hereby~incorporated herein. 2. Paragraph 10,'"Fireworks", Subparagraph (F) of the Agreement dated May 11, 2006, shall be amended as follows: 10. Fireworks. {F) In addition to the promises set forth in Paragraph fi(D), the City will make a minimum contribution of $45,000 in 2006, $47,000 in 2007 and $49~,~AA 0 000 in 2008 to the DMC for the term of this Agreement, of which said funds may be used to offset the casts of the Fourth of July Fireworks display. Any requested increases to this amoun# will be considered during the Annual Operating Budget review. 3. Paragraph 11, "Art & Jazz on the Avenue and Similar Events", Subparagraph {D) of the Agreement dated May 11, 2006 shall be amended as follows: 11. Art 8~ Jazz on the Avenue and Similar Events. (D) As compensation for City services which includes a small stage rental as well as overtime costs, the DMC will pay the City twe~ersent {2~°k} thirty-five percent (35%l of its costs over One Thousand Dollars ($1,000) per event. The DMC also agrees to pay full costs of any equipment the City is required to rent from a contract supplier to support the event as we[I as rental cost of new large hydraulic stage. 4. All other terms and conditions of the Agreement of May 11, 2006 not in conflict with this Amendment No. 1 shall remain in fu{I force and effect and are incorporated herein. 2 ' A T: ~ ++~s Secretary COMMiJNITY REDEVELOPMENT AGENCY By: ~- Print blame: ~- Title: C~~ra~ w~trvrv . (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this a'f~ day of 2007 by ~Y'asc,k~. l~t ~ A f as ~.k A,(. rrYt~, of (`.tmt ~d ~ d ~.t t ~e L~9 Corporation, on behalf of the corporation. He/She is personalty known to me or has produced as ide ication. ,~~~;! p~ //~~~Y,{~~iH,eul M Notary blic -State of Florida w • ~~a-gA{~W~ ~!'aMM01i 3 ATTEST: Secreta ry (SEAL} STATE OF FLORIDA COUNTY OF PALM BEACH AUTHORITY `~ The foregoing instrument was acknowledged before me this o2~ day of ~~p~f'Gw~~./ , 2007, by S ~ . ,6tN ~~ as (',fit of rporation, on behalf of the corporation: He/She is personally knows to me or has produced as identifica ' n. t~~~i~ ota ublic -State of Florida ~ ~ a~~ na 4 ATTEST: e~i~, 1~-~---. Secretary GREATER flELRAY BEACH CHAMBER OF COMMERCE By: Print Name: GV l r O1 r~ Title: R P1l o~ 1' (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ~7 day of 2007, by ~) ; ~. ~ i Q. ~ ~~ WD i? ~ as Q of o Corporation, on behalf of the corporatio . HelShe is personally known to me or has produced as identfi ion. +9-`~K~a ,~-~`.• ~k ~~~ to Public -State of Florida « ern « °°a~r'~~'A°~` +~tEOFP~ 5 ATTEST: .~ ` ~jrm~Ja 1~ City~Clerk ~oJo4f~7 . (Seal) :.-~;:: Appro~e~f as legal sufficiency and Form: By: ~_ ~~ity Attorney STATE OF FLORIDA COUNTY OF PALM BEACH CITY CRAY BtrACH, FL tDA Y~ Rita 11is, Mayor .~ Tpphe 1 foregoing instrument was acknowledged before me this day of (X~0 I~ , 2007 by P~ as ' of c Corporation, on b alf the corporation. He/She is personally known to me or has produced as id ratification. ~ , ,~~~~~~... a~.castcrras ry Public -State of to da r`~ µ~~ P~' •,,~ Nolary PuD6C -Slate of Fbride ~' ~ ' My Comnt~sEon Exptres Jun 5.2009 ~,~ Cortuntsston ~ DD 433063 ~~''~11(«iiw" a gq~~ gy1VeU0B01 NOtefrllESn, 6 MEMORANDUM TO: Mayor and City Commissioners FROM: B. Hal Knabb, Fire Inspector Lt. THROUGH: David T. Harden, City Manager ~~~ DATE: October 26, 2007 SUBJECT: AGENDA ITEM # V • C1 -REGULAR MEETING OF N~ FDOT HIGHWAY SAFETY FUNDS SUBGRANT AWARD ITEM BEFORE COMMISSION: The City of Delray Beach City Commission is being requested to officially accept the FDOT Highway Safety Funds Subgrant Award in the amount of $58,000.00; and to approve the Subgrant Application Agreement. BACKGROUND• The City of Delray Beach Fire Rescue was selected to receive subgrant highway safety funds in the amount of $58,000.00 on October 17, 2007. The subgrant funds are provided by the U.S Department of Transportation, National Highway Traffic Safety Administration, State and Community Highway Safety Program through the Florida Department of Transportation. The subgrant funds were awarded for the purpose of supporting the Child Passenger Safety Program which was implemented in November 2000. The goal of the Child Passenger Safety Program is to ensure a safe environment, incorporate best practice standards, provides hands on instructions to care givers; and, whenever necessary, the program provides a means for follow up care. The subgrant funds were approved for the purpose of purchasing Child Care Safety Seats, Inspection Station Supplies, Educational and Promotional Materials, CPS Certifications, Travel, Inspection Station Trailer, Generator and Tents. This is a 100% reimbursable federal grant award that does not require a local cash match. FUNDING SOURCE: Not applicable. No matching funds are needed. RECOMMENDATION: Delray Beach Fire Rescue respectfully requests that the City Commission accept the FDOT Highway Safety Funds Subgrant Award in the amount of $58,000.00; and approve the Subgrant Application Agreement. Florida Department of Transportation CHARLIE GRIST GOVERNOR 605 Suwannee Street Tallahassee, FL 32399-0450 STEPHANIE KOPELOUSOS SECRETARY Chief Kerry B. Koen Delray Beach Fire Rescue Department 501 West Atlantic Avenue Delray Beach, FL 33444 RE: Fiscal Year 2008 Highway Safety Funds Dear Chief Koen October 17, 2007 Your agency has been selected to receive highway safety funds in the amount of $58,000.00 for Concept Paper #8214. In order to receive this funding, you must complete the enclosed Subgrant Application for Highway Safety Funds. Send one completed copy of the application and three additional signature pages with original signatures to the Florida Department of Transportation (FDOT) Safety Office for processing. Instructions for completing the application form are also enclosed, along with copies of sample Project Detail Budget pages and the Quarterly Progress Report of Performance Indicators page. Please use the following information when completing the highway safety subgrant application: Project Title: Child Passenger Safety for New Parents Project Number: OP-08-02-13 Please return the completed application to the DOT Safety Office as soon as possible. You will be notified as soon as your agency's subgrant is awarded. While we strive to award as many subgrants as possible on October 1, the award could be delayed if your application is not submitted in a timely manner, if your application has to be returned for corrections, or if federal highway safety funds have not been released for award. We look forward to working with you on this project. If you have any questions, please call Jason T. Colson at (850) 245- 1540. Sincerely, M Randall G. Sm' Traffic Safety Administrator RGS/jc Attachments cc: Lt. B. Hal Knabb www.dot.state.fl.us STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION SUBGRANT APPLICATION FOR HIGHWAY SAFETY FUNDS 500-065-01 SAFETY 09105 For D.O. T Use Only Project Number: DOT Contract Number: Federal Funds Allocated: Date Approved: Subgrant Period: Date Revised: Subgrant History: (1) (2) (3) Part I: GENERAL ADMINISTRATIVE INFORMATION (See Instructions for Highway Safety Subgrant Applications) 1. Project Title: Child Passenger Safety for New Parents 2. Type of Application: ®Initial ^ Continuation 3. Requested Subgrant Period: 10/1/2007 to 9/30/2008 4. Support Matching Total Sought: $58,000.00 Share: $0.00 Budget: $58,000.00 5. Applicant Agency (Subgrantee): 6. Implementing Agency: City of Delray Beach City of Delray Beach Fire Rescue 100 N.W 1 ~ Avenue 501 West Atlantic Avenue Delray Beach, FL 33444 Delray Beach, FL 33444 Telephone: (561 ) 243 - 7010 Telephone: (561 ) 243 - 7422 7. Federal ID Number: 8. State FLAIR Number(State Agencies) 59-6000308 n/a 9. Chief Financial Officer: 10. Project Director: Joseph M. Safford B. Hal Knabb Director of Finance Fire Inspector Lt. 100 N.W 1 ~ Avenue 501 West Atlantic Avenue Delray Beach, FL 33444 Delray Beach, FL 33444 Contact: Mary Ann Young Accountant II Telephone Number: (561 ) 243 - 7131 Telephone Number: (561 ) 243 - 7422 Fax Number: (561 ) 243 - 7166 Fax Number: (561 ) 243 - 7408 E-Mail Address: Young@ci.delray-beach.fl.us E-Mail Address: Knabb@ci.delray-beach.fl.us Subgrant funds provided by the U.S. Department of Transportation, National Highway Traffic Safety Administration, Catalog of Federal Domestic Assistance Number - 20.6_ , State and Community Highway Safety Program, through the Florida Department of Transportation. The Dun and Bradstreet Data Universal Numbering System (DUNS) Number for the Florida De artment of Trans ortation is 80-939-7102. 500-065-01 SAFETY 09105 Part II: PROJECT PLAN AND SUPPORTING DATA State clearly and in detail the aims of the project, precisely what will be done, who will be involved, and what is expected to result. Use the following major headings: 1. Statement of the Problem 2. Proposed Solution 3. Objectives 4. Evaluation 5. Milestones (Use form provided) Start below and use additional pages as necessary. Statement of the Problem: The Delray Beach Fire Rescue Department and The Delray Beach Police Department cooperatively are dedicated to providing a sound Child Passenger Safety Seat Program. To date our program has correctly installed approximately 2000 child safety seats and provided hands on instructions to over 4,000 caregivers. The challenge at this point in time is funding for the purchasing of child restraint seats for new born infants. Motor vehicle crashes are statistically the "leading cause of unintential injury related deaths among children" (NHTSA). Although this may not be new information for those of us who deal with child passenger safety issues, for many new parents with limited resources, this information is not reaching them. In the past seven years, in the City of Delray Beach, Florida, our statistics indicate a definite need for information, education, and approved child passenger safety seats to this select group. For the past three years our fitting station has shown an increased amount of activity for reverse facing infant and reverse facing convertible seat activity. Our statistics for the last three years shows of all seats installed 59 percent were infants and /or reverse facing convertible seats. Of these seats an anecdotally 70 percent were to parents with limited resources. Proposed Solution: Our goal is to educate the community on the importance of child passenger seat use and their proper installation. The proposed solutions to accomplishing this goal are: 1. Specifically targeting low income and special needs population in an attempt to increase their child passenger safety usage. 2. Continue using Fire Rescue Department facilities so the public can come and get information and assistance on child passenger issues from a certified child passenger technician. 3. Screen the intake of approximately 30 calls per week for new parents who may have limited income and resources; and, who need an infant seat with hands on instructions for proper installation. 4. Organize information programs for child care providers by combining our efforts with Childcare Centers tht provide services for this targeted group. 5. Publicize the availability of these resources for the targeted group. 6. Funding the purchase of infant car seats. Objective: 1. Increase our outreach to this select group of targeted caregivers by 50%. 2. Increase our 2006 statistics of infant seat installation by 50%. 3. To conduct at least fifty fitting stations appointment to this select group by September 1, 2008. 2 500-065-01 SAFETY 09105 __ __ State clearly and in detail the aims of the project, precisely what will be done, who will be involved, and what is expected to result. Use the following major headings: 1. Statement of the Problem 2. Proposed Solution 3. Objectives 4. Evaluation 5. Milestones (Use form provided) Start below and use additional gases as Evaluation: 1. Establish a system of evaluating the public response to the program in order to determine the effectiveness of the services provided. 2. Performing on site monitoring of local schools and child care facilities that provide care to this targeted group. 3. Conduct follow up of caregivers that have received a seat through our program to determine the amount of compliance for continued safety seat usage after the child has outgrown the initial infant seat. 4. Of these caregivers offer a return visit, if needed, to ensure the child is in a properly sized seat. 3 soo-oss-o~ saFETY osros Timetable for Milestones Milestones d 1" Quarter 2" Quarter 3ro Quarter 4"' Quarter OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP Order Child Safety Seats ^ ^ ® ^ ^ ^ ^ ^ ^ ^ ^ ^ Inspection Station Supplies ^ ^ ® ^ ^ ^ ^ ^ ^ ^ ^ ^ Educational and Promotional Materials ^ ^ ^ ® ^ ^ ^ ^ ^ ^ ^ ^ Child Passenger Safety Certifications ^ ^ ^ ^ ^ ® ^ ^ ^ ^ ^ ^ Travel ^ ^ ^ ^ ^ ^ ^ ® ^ ^ ^ ^ Inspection Station Trailer ^ ^ ^ ^ ^ ^ ^ ^ ^ ® ^ ^ Generator ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ® ^ Tents ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ 500-065-01 SAFETY 09/05 Part I11: PROJECT DETAIL BUDGET Project Title: Child Passenger Safety for New Parents Project Number: OP-08-02-13 Contract Number: BUDGET CATEGORY TOTAL FEDERAL NON-FEDERAL FUNDING STATE LOCAL A. Personnel Services $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 Subtotal $ 0 $ 0 $ 0 $ 0 B. Contractual Services $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 Subtotal $ 0 $ 0 a 0 $ 0 C. Expenses Child Safety Seats $30,000 $30,000 $0 $0 Inspection Station Supplies $5,000 $5,000 $0 $0 Educational & Promotional Materials $10,000 $10,000 $0 $0 CPS Certifications $1,000 $1,000 $0 $0 Travel $5,000 $5,000 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 Subtotal $51,000 $51,000 $ 0 E 0 Budget Modification Number: Effective Date: soo-os5-o~ saFerv 09!05 Part III: PROJECT DETAIL BUDGET Project Title: Child Passenger Safety for New Parents Project Number: OP-08-02-13 Contract Number: BUDGET CATEGORY TOTAL FEDERAL NON-FEDERAL FUNDING STATE LOCAL D. Operating Capital Outlay Inspection Station Trailer $4,000 $4,000 $0 $0 Generator $1,000 $1,000 $0 $0 Tents $2,000 $2,000 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 Subtotal $7,000 $7,000 $ 0 $ 0 E. Indirect Cost $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 Subtotal $ 0 S O $ 0 $ 0 Total Cost of Project $58,000 $58,000 $ 0 $ 0 Budget Modification Number: Effective Date: 500-065-01 SAFETY 09/05 BUDGET NARRATIVE Project Title: Child Passenger Safety for New Parents Project Number: OP-08-02-13 Contract Number: The following is a narrative description of the project budget byline item by category, detailing the item and anticipated cost. Each category must be sufficiently defined to show cost relationship to project objectives. Attach additional sheets as needed. Child Safety Car Seats/including freight 300 @$100.00 each=$30,000.00 Seats are for infants 20 to 25 lbs. The seats are installed only as reverse facing with a locking base. Inspection Station Supplies: $ 5,000.00 Pool Noodles 1,250 @$ .75 each=$ 937.50 Foam tubes to stablize the 45 degree angle as required for reverse facing infant seats. Shelf Liner 400 @$ 3.00 each=$ 1,200.00 Plastic shelf liner used under the reverse facing infant seat to prevent slippage One Hand Sanitizer System (wall installed) and hand anti bacterial lotion/soap 1 @$400.00 each=$ 400.00 Convienient access to hand cleaner for use before, between, and after installation of reverse facing infant seats Video Tapes 10 @ $ 35.00 each=$ 350.00 Updated instructional DVD/CDNideo tape following the NHTSA and Safe Kids standards for installation of reverse facing infant seats. Tapes to be shared with community partners. Customize Printed Materials 12dozen@$ 12.70each dozen =$ 152.40. Promotional flyers and instructional brochures. Traffic Safety Cones 20@$ 10.OOeach=$ 200.00 Three foot orange reflective traffic cones to be used to control and manage vehicles waiting to receive hands on instruction by car seat technician. Body Weight Scale 1 @$ 300.10 each=$ 300.10 Safety weight scale with support handle to weigh infant. Industrial Fans 2@$165.00 each=$ 330.00 Ventilation of fitting station space. (Open garage without air-conditioning) Drive thru lane barriers 20@$ 38.50 each=$ 770.00 Barriers used to control pedestrian traffic away from moving vehicles Manikins 4 infant $90.00 each =$ 360.00 Demonstration/hands on training in proper handling and postion of infant in reverse facing infant seat 7 500-065-01 SAFETY 09/05 Child Passenger Safety Classroom Furniture/Fixtures for Educational Facility and promotional materials $10,000.00 Whiteboard 1 @ $100.00 = $100.00 Retangler Tables 4 @ $300.00= $1,200.00 Filing Cabinet 1 @ $260.00 Task Chairs 8 @ $ 90.00 = $720.00 Wall Clock 1 @ 30.00 = $30.00 Book Shelf with doors that lock 1 @180.00 = $180.00 Three Shelf Utility Cart 1 @ $170.00 = $170.00 Media Storgage Cabinet 1 @ $ 140.00 = $140.00 Instructors Desk 1 @ $300.00 = $300.00 One Lap Top Computer and All-in-One Printer and software $ 3,500.00 I~, Power Point Projector and screen 1 @ $ 1850.00 = $1,850.00 Paper Shredder Heavy Duty 1 @ $100.00 = $100.00 Metal Desk lamp 1 @ $50.00 =- $ 50.00 ~, T.V. 32" monitor 1 @ $ 700.00 = $ 700.00 DVDNCR Combination player 1 @ $ 200.00 = $200.00 Pocket PC 1 @ $500.00 = $500.00 i, CPS (Child Passenger Safety) Technician's Certifications and/or Re-cert training 12 Tech @ $83.33 = $1,000.00 Continuing Education for national certification Travel and training for 3 Certified CPS Technicians 3 @1,666.66 each = $5,000.00 Technicians to attend a training seminar including airfare, hotel, per diem, rental vehicle Inspection Station Trailer 1 @ $4,000.00 each = $4,000.00 Increase Community Outreach events by taking the program to the community. Generator 1 @ $1,000.00 each = $ 1,000.00 Electrical Support for outdoor community events Tents 4@$ 500.00 each = $2,000.00 Shade for outdoors community events Budget Modification Number: Effective Date: 8 soo-0ss-o~ SAFETY 09/05 500-065-01 SAFETY osros Part IV: REPORTS ress Report Narrative for the quarter. Project Title: Project Number: Implementing Agency: Project Director: Describe the subgrant activities that took place during the quarter. Attach newspaper clippings, press releases, photos and other items that document activities. Use additional sheets if necessary. The Quarterly Progress Report of Performance Indicators should be sent to the DOT Safety Office along with the narrative within 30 days of the end of each quarter. 10 500-065-01 SAFETY osros QUARTERLY PROGRESS REPORT OF PERFORMANCE INDICATORS for the quarter. Project Title: Project Number: Implementing Agency: Project Director: Performance M ilestones Accomplished Indicators Quarter Ending December 31 Quarter Ending March 31 Six-Month Totals Quarter Ending June 30 Quarter Ending September 30 Project Totals ~ 0 0 0 0 ~ 0 Q 0 ~ ~ ~ ~ ~ 0 ~ Q ~ 11 soo-os5-o~ snFerr 09/05 Final Narrative Report Project Title: Project Number: Implementing Agency: Project Director: The following is a chronological narrative history of the above listed project in accordance with Part V: Acceptance and Agreement, Conditions of Agreement, 1. Reports. This report is an accurate accounting of the project performance and accomplishments. Attach additional sheets as needed. 12 soo-oss-o~ SAFETY 09/05 Part V: Acceptance and Agreement Conditions of Agreement. Upon approval of this subgrant Application for Highway Safety Funds, the following terms and conditions shall become binding. Noncompliance will result in loss of, or delays in, reimbursement of costs as set forth herein. 1. Reports. The subgrant year quarters are October 1 -December 31, January 1 -March 31, April 1 -June 30, and July 1 -September 30. The implementing agency shall submit the Quarterly Progress Report Narrative and Quarterly Progress Report of Performance Indicators forms to the State Safety Office by the last day of the month following the end of each quarter (January 31, April 30, July 31, and October 31) if the subgrant was effective during any part of the quarter. Quarterly reports postmarked after the respective submission dates listed above shall be considered past due. The implementing agency shall submit a Final Narrative Report, giving a chronological history of the subgrant activities, problems encountered, and major accomplishments by October 31. Requests for reimbursement will be returned to the subgrantee or implementing agency unpaid if the required reports are past due, following notification. 2. Responsibility of subgrantee. The subgrantee and its implementing agency shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All monies spent on this project shall be disbursed in accordance with provisions of the Project Detail Budget as approved by the State Safety Office. All expenditures and cost accounting of funds shall conform to 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; 49 CFR, Part 19, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations; OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments; OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations; OMB Circular A-21, Cost Principles for Educational Institutions; OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments; and/or OMB Circular A-122, Cost Principles for Non-Profit Organizations, (hereinafter referred to as Applicable Federal Law). 3. Compliance with Chapter 287, Florida Statutes. The subgrantee and implementing agency agree to comply with all applicable provisions of Chapter 287, Florida Statutes. The following provisions are stated in this agreement pursuant to sections 287.133(3)(a) and 287.134(3)(a), Florida Statutes. (a) Section 287.133 (2)(a), F.S. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. (b) Section 287.134 (2)(a), F.S. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 4. Approval of Consultant and Contractor Agreements. The State Safety Office shall review and approve in writing all consultant and contractor agreements prior to the actual employment of the consultant or the contractor by the subgrantee or implementing agency. Approval of the subgrant does not constitute approval of a consultant or contractor agreement. 13 500-065-01 SAFETY 09!05 All consultant agreements will contain the following statement: The parties to this contract shall be bound by all applicable sections of Part V: Acceptance and Agreement of Project # (insert project number), DOT Contract # (insert contract number). A final invoice must be received by (insert date) or payment will be forfeited. 5. Allowable Costs. The allowability of costs incurred under any subgrant shall be determined in accordance with the general principles of allowability and standards for selected cost items set forth in the Applicable Federal Law and state law, to be eligible for reimbursement. All funds not spent in accordance with the Applicable Federal Law will be subject to repayment by the subgrantee. 6. Travel. Travel costs for approved travel shall be reimbursed in accordance with the State of Florida, Department of Transportation's (Department's) Disbursement Operations Manual, Chapter 3 Travel, but not in excess of provisions in Section 112.061, Florida Statutes. All out-of-state travel, conference travel, meeting travel which includes a registration fee, and out-of-grant-specified work area travel shall require written approval of the State Safety Office prior to the commencement of actual travel as being within the travel budget of the project and relevant to the project. Out-of-state travel shall not be approved unless the specific trip is in the approved subgrant budget or the head of the Implementing Agency provides sufficient justification to prove that the travel will have significant benefits to the outcome of the subgrant activities. In addition, prior written approval shall be obtained from the State Safety Office for hotel rooms with rates exceeding $100 per day that are to be reimbursed. Rates exceeding $100 per day shall not be approved unless the hotel is the host facility for an approved conference or the average rate for all hotels in the area exceeds $100. 7. Written Approval of Changes. The subgrantee or implementing agency shall obtain prior written approval from the State Safety Office for changes to the agreement. Changes to the agreement will be approved which achieve or improve upon the outcome of the subgrant work, or where factors beyond the control of the subgrantee require the change. For example: (a) Changes in project activities, milestones, or performance indicators set forth in the approved application. (b) Changes in budget items and amounts set forth in the approved application. (c) Changes to personnel in positions that are being reimbursed by this agreement. Changes to the subgrant agreement shall only be requested by the Authorized Representative of the subgrantee or the Administrator of the Implementing Agency. Requests for changes to the subgrant budget must be postmarked no later than June 30 of the fiscal year to be considered. Requests for budget changes postmarked after June 30 will be denied. 8. Reimbursement Obligation. The State of Florida's performance and obligation to reimburse the subgrantee shall be subject to the availability of Federal highway safety funds and an annual appropriation by the Legislature. As detailed in 49 CFR, Part 29, Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace (Grants), the subgrantee shall not be reimbursed for the cost of goods or services received from contractors, consultants, vendors, or individuals suspended, debarred, or otherwise excluded from doing business with the Federal government. The subgrantee or its implementing agency shall submit the required certification by consultants with awards in excess of the small purchase threshold fixed at 10 U.S.C. 2304(g) and 41 U.S.C. 253(g) (currently $25,000). 9. Commencement of Projects. If a project has not commenced within 30 days after the acceptance of the subgrant award, the subgrantee or its implementing agency shall report by letter the steps taken to initiate the project, the reasons for delay, and the expected starting date. If, after 60 days from the acceptance of the award, project activity as described herein has not begun, a further statement of implementation delay will be submitted by the subgrantee or its implementing agency to the State Safety Office. The subgrantee agrees that if the letter is not received in the 60 days, the State Safety Office will cancel the project and reobligate the funds to other program areas. The State Safety Office, where warranted by excusable delay, will extend the implementation date of the project past the 60-day period, but only by formal written approval from the State Safety Office. 14 soo-oss-o~ SAFETY 09!05 10. Excusable Delays. (a) Except with respect to the defaults of subgrantee's or implementing agency's consultants and contractors which shall be attributed to the subgrantee, the subgrantee and its implementing agency shall not be in default by reason of any failure in performance of this agreement in accordance with its terms if such failure arises out of causes beyond the control and without the fault or negligence of the subgrantee or its implementing agency. Such causes are acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the control and without the fault or negligence of the subgrantee. If the failure to perform is caused by the failure of the subgrantee's or its implementing agency's consultant or contractor to perform or make progress, and if such failure arises out of causes beyond the control of the subgrantee, its implementing agency and its consultant or contractor, and without the fault or negligence of any of them, the subgrantee shall not be deemed to be in default, unless (1) the supplies or services to be furnished by the consultant or contractor were obtainable from other sources, (2) the State Safety Office shall have ordered the subgrantee or its implementing agency in writing to procure such supplies or services from other sources, and (3) the subgrantee or its implementing agency shall have failed to comply reasonably with such order. (b) Upon request of the subgrantee or its implementing agency, the State Safety Office shall ascertain the facts and extent of such failure and, if it shall be determined that any failure to perform was occasioned by any one or more of the said causes, the delivery schedule shall be revised accordingly. 11. Obligation of Subgrant Funds. Subgrant funds may not be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant application are eligible for reimbursement. A cost is incurred when the subgrantee's employee, its implementing agency, or approved contractor or consultant performs the service required or when goods are received by the subgrantee or its implementing agency, notwithstanding the date of order. 12. Performance. In the event of default, noncompliance, or violation of any provision of this agreement by the subgrantee, the implementing agency, the subgrantee's consultant(s) or contractor(s) and supplier(s), the subgrantee agrees that the Department will impose sanctions. Such sanctions include withholding of payments, cancellation, termination, or suspension of the agreement in whole or in part. In such an event, the Department shall notify the subgrantee and its implementing agency of such decision 30 days in advance of the effective date of such sanction. The sanctions imposed by the Department will be based upon the severity of the violation, the ability to remedy, and the effect on the project. The subgrantee shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 13. Access to Records and Monitoring. The Department, National Highway Traffic Safety Administration (NHTSA), Federal Highway Administration (FHWA), and the Chief Financial Officer and Auditor General of the State of Florida, or any of their duly authorized representatives, shall have access for the purpose of audit and examination of books, documents, papers, and records of the subgrantee and its implementing agency, and to relevant books and records of the subgrantee, its implementing agency, and its consultants and contractors under this agreement, as provided under Applicable Federal Law. In addition to review of audits conducted in accordance with OMB Circular A-133, as revised, monitoring procedures will include, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and status checks of subgrant activity via telephone calls from Safety Office staff to subgrantees. By entering into this agreement, the subgrantee and its implementing agency agree to comply and cooperate with monitoring procedures. In the event that a limited scope audit of the subgrantee or its implementing agency is performed, the subgrantee agrees to bring the project into compliance with the subgrant agreement. The subgrantee further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. The Department shall unilaterally cancel this subgrant if the subgrantee or its implementing agency refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the subgrantee or its implementing agency in conjunction with the subgrant. 15 sao-0ss-o~ SAFETY 09/OS 14. Audit. The administration of resources awarded by the Department to the subgrantee may be subject to audits and/or monitoring by the Department, as described in this section. For further guidance, see the Executive Office of the Governor website, which can be found at: www.fsaa.state.fl.us. Recipients of federal funds (i.e. state, or local government, or non-profit organizations as defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria: In the event that the subgrantee expends $500,000 or more in Federal awards in its fiscal year, the subgrantee must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Page 1 of this agreement indicates the source of Federal funds awarded through the Florida Department of Transportation by this agreement. In determining the Federal awards expended in its fiscal year, the subgrantee shall consider all sources of Federal awards, including Federal funds received from the Department of Transportation. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the subgrantee conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed above, the subgrantee shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the subgrantee expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the subgrantee expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds. Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the subgrantee directly to each of the following: (a) Florida Department of Transportation 605 Suwannee Street, MS-17 Tallahassee, FL 32399-0450 (b) Federal Audit Clearinghouse Bureau of the Census 1201 East 10 Street Jeffersonville, IN 47132 (c) Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A- 133, as revised. In the event that a copy of the reporting package for an audit required by this agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to Section .320(e)(2), OMB Circular A-133, as revised, the subgrantee shall submit the required written notification pursuant to Section .320(e)(2) and a copy of the subgrantee's audited schedule of expenditures of Federal awards directly to each of the following: Florida Department of Transportation 605 Suwannee Street, MS-17 Tallahassee, FL 32399-0450 In addition, pursuant to Section .320(f), OMB Circular A-133, as revised, the subgrantee shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued to the auditor, to the Department at each of the following addresses: 16 soo-oss-o~ s,oFerr os~os Florida Department of Transportation 605 Suwannee Street, MS-17 Tallahassee, FL 32399-0450 15. Retention of Records. The subgrantee shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the Department, or its designee, the state CFO, or Auditor General access to such records upon request. The subgrantee shall ensure that the independent audit working papers are made available to the Department, or its designee, the state CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Records shall also be maintained and accessible in accordance with 49 CFR, Section 18.42 or 49 CFR, Section 19.53. 16. Procedures for Reimbursement. All requests for reimbursement of subgrant costs must be submitted on forms provided by the Department (FDOT Form Numbers 500-065-04 through 07). Appropriate documentation supportive of the reported costs must accompany each claim. The subgrantee or its implementing agency shall submit financial reimbursement forms to the Safety Office at least once each quarter as costs are incurred and payment is made. The only exception is when no costs are incurred during a quarter. Reimbursement for subgrants with personnel costs shall be made after every two pay periods if paid bi-weekly. Personnel costs reimbursement shall be requested monthly if payroll is on a monthly basis. Failure to submit reimbursement requests in a timely manner shall result in the subgrant being terminated. All requests for reimbursement of Operating Capital Outlay items having a unit cost of $5,000 or more and a useful life of one year or more shall be accompanied by aNon-Expendable Property Accountability Record (FDOT Form No. 500- 065-09). Payment of the Operating Capital Outlay costs shall not be made before receipt of this form. A final financial request for reimbursement shall be postmarked no later than October 31 following the end of the subgrant period. Such request shall be distinctly identified as Final. Failure to submit the invoice in a timely manner shall result in denial of payment. The subgrantee agrees to forfeit reimbursement of any amount incurred if the final request is not postmarked by October 31 following the end of the subgrant period. The Safety Office has a 30-day review process of financial reimbursement requests from the date of receipt. Reimbursement requests will be returned if not completed properly. 17. Ownership of Data and Creative Material. The ownership of material, discoveries, inventions and results developed, produced, or discovered by the agreement are governed by the terms of 49 CFR, Section 18.34, 49 CFR, Section 19.36, or OMB Circular A-110. In addition to the provisions for 49 CFR, Part 18 and 49 CFR, Part 19, the State Safety Office reserves aroyalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use: (a) The copyright in any work developed under a subgrant or contract under a subgrant; and (b) Any rights of copyright to which a subgrantee or a contractor purchases ownership with subgrant support. 18. Property Accountability. The subgrantee or its implementing agency shall establish and administer a system to control, protect, preserve, use, and maintain and dispose of any property furnished by the Department, or purchased pursuant to this agreement in accordance with Federal Property Management Standards as set forth in 49 CFR, Section 18.32, 49 CFR 19, Section 19.34, or OMB Circular A-110. This obligation continues as long as the property is retained by the subgrantee or its implementing agency, notwithstanding the expiration of this agreement. 17 soo-oss-o~ snFeTv os~os 19. Disputes. Any dispute, disagreement, or question of fact arising under the agreement shall be decided by the State Safety Office in writing and shall be distributed to parties concerned. A written appeal may be made within 30 calendar days to the Governor's Highway Safety Representative at the Florida Department of Transportation, 605 Suwannee Street, MS 57, Tallahassee, Florida 32399-0450, whose decision is final. The subgrantee and its implementing agency shall proceed diligently with the performance of the agreement and in accordance with Department's decision. 20. Conferences, Inspection of Work. Conferences may be held at the request of any party to this agreement. Representatives of the Department or the U.S. Department of Transportation (USDOT), or both, shall be privileged to visit the site for the purpose of inspection and assessment of work being performed at any time. 21. Publication and Printing of Observational Surveys and Other Reports. (a) Before publication or printing, the final draft of any report or reports required under the agreement or pertaining to the agreement shall be submitted to the State Safety Office for review and concurrence. (b) Each publication or other printed report covered by Paragraph 21.a. above shall include the following statement on the cover page: (1) This report was prepared for the State Safety Office, Department of Transportation, State of Florida, in cooperation with the National Highway Traffic Safety Administration, U.S. Department of Transportation and/or Federal Highway Administration, U.S. Department of Transportation. (2) The conclusions and opinions expressed in these reports are those of the subgrantee and do not necessarily represent those of the State of Florida, Department of Transportation, State Safety Office, the U.S. Department of Transportation, or any other agency of the State or Federal Government. 22. Equal Employment Opportunity. No person shall, on the grounds of race, color, religion, sex, handicap, or national origin, be excluded from participation in, be refused the benefits of, or be otherwise subjected to discrimination under this subgrant, or any project, program, or activity that receives or benefits from this subgrant award. The subgrantee and its implementing agency agree to comply with Executive Order (E.O.) 11246, as amended by E.O. 11375, and as supplemented by 41 CFR, Part 60. 23. Responsibility for Claims and Liability. Subject to the limitations of Section 768.28, Florida Statutes, the subgrantee and its implementing agency shall be required to defend, hold harmless and indemnify the Department, NHTSA, FHWA, and USDOT, from all claims and liability, or both, due to negligence, recklessness, or intentional wrongful misconduct of subgrantee, implementing agency, and its contractor, consultant, agents and employees. The subgrantee and its implementing agency shall be liable for any loss of, or damage to, any material purchased or developed under this subgrant agreement which is caused by the subgrantee's or its implementing agency's failure to exercise such care in regard to said material as a reasonable careful owner of similar materials would exercise. The parties executing this agreement specifically agree that no provision in this agreement is intended to create in the public or any member thereof, a third party beneficiary, or to authorize anyone not a party to this agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this agreement. 24. Disadvantaged Business Enterprises (DBE). (a) The subgrantee and its implementing agency agree to the following assurance: The subgrantee and its implementing agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program required by 49 CFR, Part 26. The subgrantee shall take all necessary and reasonable steps under 49 CFR, Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the subgrantee of its failure to carry out its approved program, the USDOT may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). 18 soo-oss-o~ snFerv osios (b) The subgrantee and its implementing agency agree to include the following assurance in each contract with a consultant or contractor and to require the consultant or contractor to include this assurance in all subcontract agreements: The consultant or contractor and subconsultant or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The consultant or contractor shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of USDOT-assisted contracts. Failure by the consultant or contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the subgrantee, its implementing agency, or the Department deems appropriate. 25. Restrictions on Lobbying. The subgrantee and its implementing agency agree to comply and require consultants and contractors to comply with 49 CFR, Part 20, New Restrictions on Lobbying, for filing of certification and disclosure forms. No funds granted hereunder shall be used for the purpose of lobbying the legislature, the judicial branch, or state agencies. Section 216.347, Florida Statutes. 26. How Agreement is Affected by Provisions Being Held Invalid. If any provision of this agreement is held invalid, the remainder of this agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 27. Federal Requirement for Public Service Announcements. All public service announcements produced with Federal Highway Safety funds shall be closed captioned for the hearing impaired. 28. Public Awareness Materials and Promotional Items. All public awareness materials and promotional items reimbursed with subgrant funds shall contain a traffic safety message. Where feasible, either the Florida Department of Transportation logo or the words "Funding provided by the Florida Department of Transportation." shall appear on all items. The name of the subgrantee or implementing agency and its logo can appear on printed materials and promotional items. The names of individuals connected with the subgrantee shall not appear on printed materials and promotional items paid for with Federal highway safety funds. Before printing public awareness materials or ordering promotional items, a final draft or drawing of the items shall be submitted to the State Safety Office for review. The Office shall provide written approval for reimbursement if the items are appropriate for purchase under this agreement. Copies of all public awareness materials purchased with Federal highway safety funds shall be attached to the forms requesting reimbursement for the items. 29. Term of Agreement. Each subgrant shall begin on the date of the last party to sign the agreement and shall end on September 30, fol-owing, unless otherwise stipulated by the State Safety Office on the first page of the respective agreement. The subgrant period shall not exceed 12 months. 30. Clean Air Act and Federal Water Pollution Control Act. For subgrant awards in excess of $100,000 the subgrantee and its implementing agency agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). The subgrantee shall include this provision in all subcontract awards in excess of $100,000. 31. Personnel Hired Under Agreement. The head of any implementing agency receiving first year funding for a new position(s) through a subgrant shall provide written notification within 30 days of the agreement being awarded to the State Safety Office that a new position(s) has been created in the agency as a result of the subgrant being awarded. Any and all employees of the subgrantee or implementing agency whose positions are funded, in whole or in part through a subgrant, shall be the employee of the subgrantee or implementing agency only, and any and all claims that may arise from said employment relationship shall be the sole obligation and responsibility of the subgrantee or its implementing agency. 19 500-065-01 SAFETY 09105 32. Repossession of Equipment. Ownership of all equipment purchased with Federal highway safety funds rests with the subgrantee and its implementing agency; however, the USDOT maintains an interest in the equipment for three fiscal years following the end of the subgrant period. Any equipment purchased with Federal highway safety funds that is not being used by the subgrantee or its implementing agency for the purposes described in the subgrant shall be repossessed by the State Safety Office, on behalf of the USDOT. Items that are repossessed shall be disbursed to agencies that agree to use the equipment for the activity described in this subgrant. 33. Replacement or Repair of Equipment. The subgrantee and its implementing agency are responsible, at their own cost, for replacing or repairing any equipment purchased with Federal highway safety funds that is damaged, stolen, or lost, or that wears out as a result of use. Federal regulations prohibit funding equipment replacement. 34. Ineligibility for Future Funding. The subgrantee and its implementing agency agree that the Department shall find the subgrantee or its implementing agency ineligible for future funding for any of the following reasons: (a) Failure to provide the required audits, (b) Failure to continue funding positions created with highway safety funds after the Federal funding cycle ends, (c) Failure to provide required quarterly and final reports in the required time frame, (d) Failure to perform work described in Part II of the subgrant agreement, (e) Providing fraudulent quarterly reports or reimbursement requests, (f) Misuse of equipment purchased with Federal highway safety funds. 35. Safety Belt Policy. Each subgrantee and implementing agency shall have a written safety belt policy, which is enforced for all employees. A copy of the policy shall be submitted with the subgrant application. 36. Safety Belt Enforcement. All law enforcement agencies receiving subgrant funds shall have a standard operating procedure regarding enforcement of safety belt and child safety seat violations. A copy of the procedure shall be attached to the subgrant application. Law enforcement agencies receiving subgrant funds shall participate in the safety belt enforcement waves conducted in Florida and shall report their participation on the appropriate form by the deadline. Failure to participate shall result in the subgrant being terminated. 37. Certification for Equipment Costing More than $500 per Item. The head of any implementing agency purchasing equipment costing more than $500 per item shall send a letter to the Safety Office upon award of the subgrant certifying that none of the items being purchased with federal highway safety funds is replacing previously purchased equipment, whether the equipment was purchased with federal, state, or local funds. 38. Checkpoint Reporting. Any law enforcement agency that conducts DUI checkpoints shall attach a copy of the After Action Report for each checkpoint operation conducted during a quarter to its Quarterly Progress Report of Performance Indicators. 39. Child Safety Seats. Any implementing agency that receives funds to purchase child safety seats must have at least one staff member who is a current Certified Child Passenger Safety Technician. Failure to comply with this provision shall result in the termination of this agreement. 40. Special Conditions. 20 500-065-01 SAFETY 09105 PROJECT NUMBER: IN WITNESS WHEREOF, the parties affirm that they have each read and agree to the conditions set forth in Part V of this Agreement, that each have read and understand the Agreement in its entirety. Now, therefore, in consideration of the mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials on the day, month, and year set out below. SUBGRANTEE (For DOT Use Only) STATE OF FLORIDA City of Delray Beach DEPARTMENT OF TRANSPORTATION Name of Applicant Typed By: By: resentative Si n re of Authorized Re t Title: g u p a David T. Harden Date: Authorized Representative's Name Typed Title: City Manager Attest: Date: FEDERAL FUNDS ALLOCATED Attest: Signature of Witness ADMINISTRATOR OF IMPLEMENTING AGENCY Reviewed for the Department of Transportation: By: By: Signature of Administrator Attorney -DOT David James Date: Administrator's Name Typed Title: Fire Chief NOTE: No whiteout or erasures accepted on this signature page. 21 AGENDA ITEM NUMBER: AGENDA REQUEST B.K. Request to be placed on: November 6.2007 Date: 10/26!07 XX Consent Agenda Special Agenda Workshop Agenda Description of agenda item: The City of Delray Beach Fire Rescue respectfully request City Commission approval to officially accept the subgrant Highway Safety Funds Grant Award in the amount of $58,000.00; and, to legally execute and bind the City of Delray Beach to the terms and conditions of the grant agreement. This is a federal subgrant award from the U.S Department of Transportation that is being passed through the Florida Department of Transportation. The subgrant was awarded for the purpose of purchasing Child Safety Seats, Inspection Station Supplies, Educational & Promotional Materials, CPS Certifications, Travel, Inspection Station Trailer, Generator, and Tents to support the Child Passenger Safety Program. ORDINANCE/RESOLUTION REQUIRED: YES NO XX Draft Attached: YES NO XX Recommendation: I recommend the submittal of the Sub rant Highway F Grant Award Agreement to City Commission for approval. ~ ~~ Department Head Signature: Determination of Consistency with Comprehensive Pla 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: Action: Approved _ Disapproved (if applicable} MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM:ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER THROUGH: DAVID T. HARDEN, CITY MANAGER~~ " DATE: OCTOBER 29, 2007 Q SUBJECT: AGENDA ITEM # V • ~ -REGULAR MEETING OF NOVEMBER 6, 2007 SPECIAL EVENT -DOWNTOWN DELRAY ART FESTIVAL ITEM BEFORE COMMISSION City Commission is requested to endorse the 19~ Annual Downtown Art Festival sponsored by Howard Alan Events, Ltd. to be held January 19-20, 2008, from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR's section 2.4.6(F) for use of City rights-of-wady on Atlantic Avenue from the east side of NE 6~' Avenue to Bronson and the Gladiola lot (NE 6 Avenue) for vendor parking, to authorize staff to apply for the FDOT street closure permit, to authorize staff support for security and traffic control, barricade assistance, EMS assistance and to permit an event sign to be erected on Atlantic Avenue just east of I-95 ten (10) days prior to the event. BACKGROUND Attached aze an event permit application, letter, site plan, budget and Certificate of Insurance for this event. Howazd Alan Events, Ltd. will be conducting the 19~' Annual Downtown Arts Festival on January 19~' and 20~' from 10:00 a.m. to 5:00 p.m. This year again, a portion of the proceeds will be given to the DMC. Mr. Alan is requesting closure of Atlantic Avenue, from just east of NE/SE 6~' Avenue east to Bronson. He is also requesting the use of the Gladiola's Parking lot for vendor parking and requesting barricading assistance, EMS assistance, and security and traffic control assistance from the Police Department. Mr. Alan has indicated that he will rent barricades and City staff will install them. ` I am recommending that we direct vendor pazking to the Gladiola lot (NE 6~ Avenue) versus Veterans Park lot, because of a need for parking for other activities at the Adult Center and Veterans Park. The estimated overtime cost for City services is $10,705. Because of the size of this event, EMS and Inspector services will be required. If security is supplemented at night with private security, these costs can be reduced. Per event polices and procedures, Mr. Alan will pay 100% for these costs, as well as provide for trash removal, clean up and port-a-lets. Signage can be installed ten (10) days prior to the event and must be less than 20 squaze feet. RECOMMENDATION Staff recommends endorsement of the event, granting of the temporary use permit for the street closure and parking lot use as recommended by staff, providing staff assistance for traffic control and security, barricading, EMS assistance;~and allowing the event sign to be installed ten (10) days prior to the event, with all overtime costs to be paid by the vendor. Approval to include use of the Gladiola lot (NE 6~' Avenue) versus Veterans Park for vendor parking, with City staff installing rented barricades, contingent on the receipt of a Hold Harmless Agreement. Attachments U:\wwdata\Events\Howard Alan Craft FestivalVlgenda Item re 19th Annual Downtown Delray Art Fest Jan O8.doc --• ---• --.,.~ ~..~~~~.,~~~ nuwr-~RL w~riiv r'Hlat b1 Bl~stNl~iav~a ~~ , SeptCmbOr Z8, x{1(77 EVENTa, 6TD. e• Mr. Robert Barcinski Asst. City Manager CITY OF DELRAY 1001VRT l "Avenue Aehay $cach, Fl. 33444 Dear Ivlr. Batroiaski: we are plaflaiag for ~ ~. 9~` ,Annual Downtown Debra Beach k'estival of the Arts to beheld on J.A~TLJARY 19 20 2008 on Atlantic Avenue sta>"ti,n~ just east of Fede~ghway and going our ty_l:7xca~ route to Andrews. Plrsse be advised that rite following tentative logistics for the 19a Annual Downtown Delray Beach FEStival of the Acts will be arranged. STR>rLT CLOSUfzE: NfiS will drop offbarricades oa Friday, January 18°i a~ad our employees will set them up early on Saturday morning, unless we are advised tha# the City of Delray will again order the barricades and set t11er~ up. (please adviso us as this} POLICE: The Delray Police Dcpsrmlent will aaaage Eorpolice and gecuaity from loam to Spm on Saturday and Sunday and overnight security offiicers an Saturday from 6pm to Gam. Due tv the fact that the eltow will be on both sides of the Inteacoastal, we are requesting an officer ~ man each side of the Iatencoastal t4 stop pedestrians during bddge openiagre. WE are also requesting overnight security fr~r both sides of the bridge as in previous years. i'ORT O LBT'S: d regular artd 2 handicap port o 1~ will be ordered through ABLE SAN,['I',A.TION and will be dropped off oa Friday, January 1 Sa`, 20Q8 and will be picked up on lvlonday, Jamtary 21, 2008 with. servic~iag on sunday, January za, 2008.. DU,MP3TER: Two 30 -yard rollo~' dumpsters arc ordered ijroAO WASTE MANAGEM73N'f. They will be dropped off on Friday sad picked up on Monday as well. Locations of dutr1psGers will include m~micipal spots behi~ad Vebtrans Park and ov Cxty Street and on Seabnee~e. TRASH RECEPTACLES: Trash receptacles will be supplied and maintained by our professional clean up Drew (TE14TS 4 EVENTS). They wall beadle clean up of the traatx throughout the area each day. VENA(}R PARKING: RV'S and large rig vehicles will parr in the municipal parking lvttc just west of the Intracoastal watorway, Smaller vEhialea will be parked at private lots surrounding the arcs that we will and are currently coafirming_ INS[1,EZANC$: City requirod certi.~catea will be issued. Aa always, we greatly appreciate your great help and time that you put unto these events. If you have any queatioxta, please feci ft+ee to call rr~e at 454 472 3755 Sincerely, Ted Phillips Operations Director/,A.rtist Liaison 9695 W Broward $lvd., Pl,alottation, I+'L 3332. O~e~ J54-472-3fib5 Fats. 964-~4fi2-S89]. City of Delray Beach ` '~ '~' }``` Special Event Permit ~~a .r ~~ A lication PP ~ ~ ~~~ PLEASE PRINT Event Approved/Denied Date of Approval/Denial I Approved/Denied by Title . 1. Event NamelTitle: 1W"' ~1ncXJU l~~ar~wfn 1~1ra~ ~C~tiyF:t~ t~E' -~Ine 2. Event Date(s): Event Time(s): nrv IQ `l~20~ 2S~$ Inam - Sim 3. Event SponsoriProducer: M 4. Event Contact/Coordinator: ~WGrd ta(]_ ~V i'S 5. Address: q~ngS W • BroWax`d 6~vd { `E'lar~ta-~icn , ~t_ 333Z~1 6. Telephone Number: C45~t~4'72 -37SS Cellular Number: (G5~t) tocot - Fs3~3~' 7. E-mail Address: nrne~nclc.~ ~? car'-F4'~~i;va1 •oorn 8. Event Description: C~~c~r ~~ir~ca p-r~- +-~s-t;vc~~ (If neighborhood ,block party, then please skip questions. #10-35 and go to question #`38) 9. Sponsor Category: (please check) City ^ Non-Profit<Charitable ^ Private ~' Co- Sponsor,- Non-Profit/Private ^ (If Non-prof/t attach proof of 501 c(3), c(4), c(6), c(10) or c(19)) 10. Event LocationJAddress: i '` Ave . • Site lan ached: yes no (Ske plan .required for entire. event s/te) ~ 12. Event budget attached: no yes ~ (Required for ail events) ~ 13. Serving or selling alcoholic beverages: yes no_ ~ (If yes, copy of license and a/coho! liability Insurance required two (2) weeks prior to event) ~ 14. Event certificate of insurance attached: no yes (Required two (2) weeks prior to event naming the City as additional fissured, also required for vendors] 15. Playing of ampl~ed music: yes no (Waiver requ/rea~ 16. Requesting Police assistance: yes no (Traffic controUsecurity) MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: TRACIE M. LUTCHMANSFNGH, P.E. ASST. CITY ENGINEER ~j/~ ~ THROUGH: CITY MANAGER ~~,,~ " DATE: NOVEMBER 1, 2007 SUBJECT: WATER EASEMENT FOR UNITED STOR-ALL CENTER ~FKA DELRAY BEACH EXTRA CLOSET} ITEM BEFORE COMMISSION Request Commission acceptance of a new 12-foot water easement at United Stor-A11 Center located at 14216 Military Trail. BACKGROUND The new 12-foot water easement is required for the proposed water main in order tc maintain the proper clearance from the new buildings being constructed. As a result, the existing water main is being removed and the existing 12-foot water easement is being abandoned. FUNDING SOURCE Not applicable RECOMMENDATION Staff recommends approval Enc cc Caroline Kucmerowski CMT (originals) TAC Fiie -Delray Beach Extra Closet Agenda File f~overnber 6, 2007 S:\EngAdmin\TAC\Delray Beach Extra Closet {TAC ID-66) {14216 Military Trail - fka United Stor-all)12D07-11-06 Delray Beach Extra Closet agenda memo.doc Prepared by, RETURN: R. Brian Shutt, Esq. City Attorney's Office 20o N.W. 1st Avenue Delray Beach, Florida 33444 EASEMENT DEED THIS INDENTURE, made this o S day of C7 C~a~Qn. 200; by and between lb s.,,~tetpo, l~wQ3d\ ~~vice. .~ . Mg,r,~~e,,,,, with a mailing address of X3-8} 5~,,,'~Q~W,~ $~~,~, Party of the first part, and the CITY.OF DELRAY BEACH, with a mailing address of 100 N.W. 1st PAS ~~4~'' Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable considerations, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of the construction and maintenance of a water main with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such water main well under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: DESCRIPTION See Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above- described property. It is understood that upon completion of such construction, alI lands disturbed thereby as a result of such construction performed thereon, will be restored to its original or like condition without expense to the property owner. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whosoever claimed by, through or under it, that it has good right and lawful authority to grant. the above-described easement and that the same is unencumbered except as provided above. Where the context of this easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. W . S #l --_ _._.. (name printed or typed) WITNESS 2: ~o ~''~~~ {name printed or typed) STATE OF:~A~nnS~lyr~~. COUNTY OF: N~s~o~,rrti ~ STORAGE PARTNERS OF DELRAY, LLC a Florida limited liability company By: UNITED STORAGE PARTNERS, LP, a Delaware limited partnership, its Manager By: United Stor-All Centers, LLC a Delaware limited liability company, its general partner race D. The foregoing instrument was acknowledged before me this lS~' day of t`}~bel , 200"! by ~~.e~b•N~kirtle~, (name of officer or agent), of Ch~e~ ~re.e,~h~ ~f&c~c ~Un~tedSO~-pa Gex~css, c.z.e (name of corporation), a i ~ ~ Y t (state or place of incorporation) corporation, on behalf of the corporation. He/She is ersonal y known to me or has produced N(1D (type of identification) as identification. . C ~ Si , afore ofNotary Public ~ t f, P,g. ~" iv MOTARIP~-S~- Public RENEE C. LAWYER, of Mn tgomery VVhiipain Twp., Courrty My Comrrsss~ion Expires Jan. 3, 2010 ~ ~ ~ ~ 0 ~ ~ = O G~ .. G~ V W J J J a 0 0 z r J ~a ~~ U~ ~~ ~~ z- wJ v~ :~ a c~ U (~ N m (~ i N 0 0 Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 SUBORDINATION O)F ENCUMBRANCE TO PROPERTY RIGHTS TO CITY OF DELRAY BEACH, FLORIDA KNOW ALL MEN BY THESE PRESENTS: That whereas it is proposed by the City of Delray Beach to locate, construct, maintain, and/or improve sidewalks and/or utilities in the City of Delray Beach, Florida, in accordance with the plans on file in the office of the City Engineer; and, WHEREAS, a portion of the lands involved and necessary for said project is subject to a mortgage held by the undersigned; and WHEREAS, on behalf of the City of Delray Beach, a request has- been made for the undersigned to subordinate said encumbrance to the property rights of the City of Delray Beach in and to the portion of the premises hereinafter described. NOW THEREFORE, WITNESSETH: That for and in consideration of the mutual promises herein contained and other good and valuable consideration, the undersigned subordinates said encumbrance to the property rights of the City of ~~elray Beach, Florida, to locate, construct, maintain and/or improve said project over, through, under and/or across the following described lands, being a portion of the encumbered premises in Palm Beach County, Florida, to wit: See Exhibit "A" Attached hereto insofar as said premises are affected by the following described encumbrance now held by the undersigned: NATURE RECORDED ENCUMBRANCE DATE FROM OR AGAINST IN FAVOR OF BOOK-PAGE PROVIDED, ALWAvS, NEVERTHELESS. And its expressly understood and agreed that this instrument subordinates said encumbrance insofar as same affects the rights and privileges of the City of Delray Beach in its use of land speeifzcally above described for installation and maintenance of public sidewalk and/or installation and maintenance of public utilities and that nothing herein contained shall in any way alter, affect, impair, minimize,~or diminish the effect of said encumbrance ar the remedies at law or in equity for recovering thereunder, or against the parties charged thereby, the full about of all sums secured by andJor under the same. It is further understood and agreed that in the event said above described premises are abandoned by the Ciry of Delray Beach and cease to be used for utility easement and maintenance purposes that in such event the subordinate of said encumbrance shall terminate in and to such portion abandoned and no longer used as aforesaid, and the encumbrance shall become of the same status with reference to such abandoned portion as if the subordination had never been made. 1N WITNESS WHEREOF, the said holder of the encumbrance has duly executed this instrument this _~ day of ~, 200` . Signed, sealed and delivered in the presence of: (2 witnesses required by Florida Law) WI SS #1: {n 'rated or ty~j~Atd S. `T'Altf~ Vag .. , WITNESS #2: MORTAG EE: ,-~°-~ (name printed or typ ) ..• aARRY '. C~.P SENIOR VICE PRESIDENT ~~~-~ @...~... G. Bre+~rer ice President {name printed or typed) STATE OF: ~~N ~ ~Y~.1~1~ covNTY oF: ~ The oregoing ins ent was acknowledged before me this I day of ~~~, 200 by Qr ~. (name of officer or agent, title of officer of a n } of ~ {name of corporation acknowledging}, a Q~.(~ (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. W ~ 3YLVANIA Mav~ M. DWi+A, pUbgC ' N41(~brnn+~ssion~~aq~~24, Member, Penns vania ~ Aseocratton Ot Nofa(~p _ Signature of Notary Public EXTRACT FROM THE BY-LAWS OF WACHOVIA BANK. NATIQNAL ASSOCIATION Section 8.2 Execution of Instruments. Ali agreements, indentures, mortgages, deeds, conveyances, transfers, certificates, declarations, receipts, discharges, releases, satisfactions, settlements, petitions, notices, agplicatians, schedules, accounts, affidavits, bonds, undertakings, proxies, and other instruments or documents may be signed, executed, acknowledged, verified, delivered or accepted irn behalf of the Association by the Chairman of the Board, the Vfce Chairman of the Board, aay Chairman or Vice Chairman, the President, any Senior Executive Vice Fresident, Executive Vice President, Vice President or Assistant Vice President, the Secretary, the Cashier or Treasurer, or aay o#~cer holding similar or equivalent titles to the above fn any regions, dfvisions or fuacdonal units of the Association, or, if in connection with the exercise of fiduciary powers of the Association, by any of said officers or by any Trust Officer or Assistant Trust Officer (ar equivalent titles), and if so required by applicable law ar regulation, attested ar countersigned by the Secretary or Assistant Secretary; provided, however, that where required, any such instrument shall be attested by one of said officers other than the officer executing such instrument. Any such instruments may also be executed, acknowledged, verified, delivered or accepted in behalf of the Association in ~ such other manner and by such other officers as the Board of Directors may from time to time direct. The provisions of this Section 8.2 are' supplementary to any other provision of these By-laws. I HEREBY CERTIFY THAT the foregoing is a true and complete extract from the By-Laws of Wachovia Bank, National Association, a national banking association, is now in full force and effect; and that the followiung person has been duly appointed aad now holds the title set forth opposite his name: Garry J. Cap Senior Vice Presfdent IN WITNESS WHEREOF, I have hereunto subscribed my na~aae and affixed the seal of said Association on November 6, 28t} . ,. Carla C. Bretz ~~ ... ; ~ Assistant Secretary [SEAL~~ ~ '~ Wachovia Bank, National Association 90744 NOTES: 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. BEARINGS SHOWN HEREON ARE ASSUMED AND RELATIVE TO A BEARING OF NORTH 89'21'42" EAST ALONG THE SOUTH LINE OF THE 5 1/2 OF THE NW i/4 OF NW 1/4 OF SEC 13, TWP 46 S, RGE 42 E. 3. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR. DESCRIPTION: A STRIP OF LAND, TWELVE FEET IN WIDTH, SITUATE IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, SAID STRIP LYING SIX FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13 AND THE EAST RIGHT OF WAY LINE OF MIL€TARY TRAIL (SR 809) AS RECORDED IN OFFICIAL RECORDS BOOK 5602 AT PAGE 585 OF THE PUBLIC RECOORDS OF PALM BEACH COUNTY, SAID INTERSECTION ALSO LYING ON A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 10405.40 FEET AND WHOSE RADIUS POINT BEARS SOUTH 89'31'21" EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00'09'34° AN ARC DISTANCE OF 28.93 FEET ALONG SAID EAST RIGHT OF WAY LINE TO THE POINT OF' BEGINNING: THENCE CONT€UE ALONG SAID RIGHT-OF-WAY AND NORTHERLY ALONG A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS SOUTH 89'21'47" EAST HAVING A RADIUS OF 10405.40 FEET, A CENTRAL ANGLE OF OO' 03'58", AN ARC DISTANCE OF 12.00 FEET; THENCE NORTH 89'21'42" EAST, A DISTANCE OF 149.19 FEET; THENCE NORTH 45'00'00° EAST, A DISTANCE OF 19.52 FEET; THENCE NORTH 89'21'42" EAST, A DISTANCE OF 14.34 FEET; THENCE NORTH 45'00'00" EAST, A DISTANCE OF 6.44 FEET; THENCE NORTH 89'21'42" EAST, A DISTANCE Of 792.33 FEET; THENCE SOUTH 00'38'18" EAST, A DISTANCE OF 16.00 FEET; THENCE SOUTH 89'21'42". WEST, A DISTANCE OF 15.67 FEET; THENCE NORTH 00'38'18" WEST, A DISTANCE OF 4.00 FEET; THENCE SOUTH 89'21'24" WEST, A DISTANCE OF 610.09 FEET; THENCE SOUTH 00'38'18" EAST, A DISTANCE OF 9.45 FEET; THENCE 50UTH 89'21'24" WEST, A DISTANCE OF.12.00 FEET; THENCE NORTH 00'38'18" WEST, A DISTANCE OF 9.45 FEET; THENCE SOUTH 89'21'24" WEST, A DISTANCE OF 149.68 FEET; THENCE SOUTH 45'00'00" WEST, A DISTANCE OF 6.44 FEET; THENCE SOUTH 89'21'24" WEST, A DISTANCE OF 14.43 FEET; THENCE SOUTH 45'00'00" WEST, A DISTANCE OF 19.52 FEET; THENCE SOUTH 89'21'24" WEST A D€STANCE OF 154.35 FEETO THE PAINT OF BEGINNING. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS-OF-WAY OF RECORD. CERTIFlCATE: I HEREBY CERT1FY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BE5T OF MY KNOWLEDGE AND BELIEF AS SURVEYED UNDER MY DIRECTION ON OCTOBER 3, 2007.. i FURTHER CERTIFY THAT THIS SKETCH OF DESCR€PTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH €N CHAPTER 61G17-6 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS, PURSUANT TO FLORIDA STATUTES 472.027. CAULFIELD 8~ WHEELER, INC. ~" CIVIL ENGINEERING -LAND SURVEYING • > 7301A W. PALMETTO PARK ROAD -SUITE IOOA • z.y :" BOCA RATON, FLORIDA 33433 `'`~'~'" PWONE (551)-392-1991 /FAX (561)-750-1452 UNITED STOR-ALL CENTER 12' WATER EASEMENT SKETCW OF DESCR€PT€ON DAVIC P. LiNDLEY REGISTERED LAND SURVEYOR Np. 5p05 STATE OF FLORIDA L.B. 3591 SHEET 1 OF 3 DATE 10/3/07 DRAWN BY CE F,B./ PG. N/A SCALE AS SHOWN 4924 ySK0014924N'A7PRARDNG JOS N0. 4924 L`~00'09'34" R=10405.44' MILITARY TRAIL L= 2$.93' (SR 8E?9~ 4~ O Z ~! ~ N ~-' ~ ~ o o --~ NOO ~ ~! ~ N! ~ ~ ~~ p O ~~ O G' i U i -~ ! .~ O ~ - to ~''! ~ -;. ~ j! ! N ~ ~ o0 o ! r,.; o g al ~, ~ D N w -< Z Z -°! 1 -°'"'I ~ r Z Z rn ~ cnz v! ~J~ cp Z ~p Z ~r~ ° ,T1 c~ ~, - oa --~ O m w ~ ~ J _N OCJ~ O NO -P N O Z C ~~ ~m ~o N ~ C7 rn W ~ --i ~ N~ ~~' mg N \ r~ 0 A/Alt~ ~ O~cn .}~ ~,~~ W N,~`I~J~- N O Z O .~ io N _N ~ O-P ~ -N N ~s v cn co°. ~~ ~ • ~°~°- u!~ ~~ rn ~J v tD N W W 3 AF 3 CAULFlELD 8~ WHEELER, fNC. ,, CIVIL ENGINEERING -LAND SURVEYENG - h 730fA W. PALI"iETTO PARK ROAD - SJ1TE lOOA '~ ~~_ .^~ BOCA RATON, FLORfDA 33433 r""'` '~ ~ PHONE (561)-392-1991 /FAX (561}-750-1452 UNITED STOR-ALL CENT 12' WATER EASEMENT ~ = DELTA {CENTRAL ANGLE) L =ARC LENGTH R = RADnJS ORB = CFFICIAL RECORDS BOOK SEC = SECTICNJ T4MP = roWNSHIP RGE =RANGE GRAPHIC SCALE 0 25 50 ,00 ( IN FEET } 1 INCH = 50 FEET SHEET 2 OF ,3 PATE 1x/3/07 PRAWN $Y CE F.B./ PG. N~A SCALE AS SHOWN 4914 ~SKOD ~4924WA7PRQ?DiVG JOB NO. 4924 " A/ATIE ,S~Ey T 2 A~ 3 cn z ~ ~ N j ~ N N n ~ m 0 zc f~ r ~z Om "*1 O ~~ n m w~ N ~O rn rn ~ Z fR ~{ N\' ~ ~ O Oy? ~ O N Q W GO W N v -fa` ti Z .~, o ow 0°0_ ~J ~ M W ~ ~ s S 0 ~ J ~~ ~i N ~ g 0 -m CAULFIELD & WHEELER, INC. ~;. a'~ *~ ~~'-~~~ C.lVIL ENGINEERING -LAND SI~RUEYiNG 7301A W. PALMETTO PARK ROAD - SU! ~ E IQOA `"~'~ _ BOLA RA70N, FLORIDA 33433 Y ;y " "' PHONE (561)-392-1991 / FAX (561)-750-1452 UNITED STOR-ALL CENTER 12' WATER EASEMENT SKETCH OF DESCRIPTION ABBREYIATEONS: ~ = DELTA {CENTRAL ANGLE} L = ARC LENGTH R = RADIUS ORB = OFFICIAL RECORDS BOOK sEC = sECroN TYYP = TOWNSHIP RGE = RANGE GRAPHIC SCALE 0 25 50 100 ( fN FEET ) 1 INCH = 50 FEET DATE 10/3/07 DRAWN BY CE F.B./ PG. N/A SCALE AS SHOWN 1924 ~.57COID ~ 4924WA 7PROW.ONG JOB N0. 4924 •~ Date: 1 November 200'7 AGENDA LTEM NUMBER. AGENDA REQUEST Request to be placed on: Consent Agenda -Regular Agenda _Vt~orkshop Agenda -Special Agenda When: 06 November 2007 Description of Agenda Item (who, what, where, how much): Commission acceptance of 12-foot water easement for United Stor-All Center at 14216 Military Trail. Recommendation: Department Head Signature: ~ [}.t' ~'~L ° cL~}-!~,~ ! f- Z -~- City Attorney Review/Recommendation (if applicable): B~dget Director Review (required ox~ all items involving expenditure of funds): Funding Available: Yes / No Initials: n/a Account- Number Description Account Balance: Funding Alternatives: City Manager Review: (if applicable) Approved for Agenda: j'Ye,~ / No Initials: ~l ~?'!'~ I Hoid Until: Agenda Coordinator Review: Received: S:\EngAdmin\TAC\Delray Beach Extra Closet ('1`AC ID-66) (14218 Military Trail - fka United Stor-all)\2007-I1- 06 defray bch extra closet h2o easmt agenda request.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: TRACIE M. LUTCHMANSINGH, P.E. ASST. CITY ENGINEER THROUGH: CITY MANAGER ~" ~~~`# C1~ DATE: NOVEMBER 2, 2007 SUBJECT: AGENDA__ITEM # -REGULAR MEETING OF NOVEMBER b. 2007 RIGHT-OF-WAY DEDICATION - THE MELLOW MUSHROOM ITEM BEFORE COMMISSION This agenda item requests Commission acceptance of right-of--way dedication at The Mellow Mushroom located at 25 S.E. bth Avenue. BACKGROUND Dedication includes two feet along the east alley and corner clip at the northeast corner. The attached right-of--way deed includes a sketch that provides details of limits of right-of--way to be dedicated. FUNDING SOURCE Not applicable RECOMMENDATION Staff recommends approval Enc Cc Caroline Kucmerowski CMT (originals) City Clerk Agenda File November 6, 2007 S:~EngAdminlltight-of--Way DeedVviellow MushroomUvlellow Mushroom agenda memo 2007-11-06.doc N N 0 0 0 ~ ~ ~! -~ E 1 ~ ,~_ .~ - _ _ _-~_ i ~ - ; ~ ~ w..~ ~-- ~ r"- -._ __.. _ i ~ _ _ _~ -.- r-- - ~ ~ r, ~ ~~7 ~ t .~i3 - i T?~i 1 -~ i i I ,~~ ---r- I ~ ~ i ~ i ~ -_% i i ~ 1 f ~ _~ - ~3 ~~ .~ rn~ a~ ~o ~~ n c~ 0 0 r 0 0 ^ 0 ~, c~ ~. ~' o' _.... ~- 1¢f u,r,y! V I n Ptr!-ared by: 1ti~~I'URN: R, 1~ri>rrt Shuts, i~sq. City AttctrnCy'4 OI'iicc 7..OU N.W. ! st A.venue lhlrny Deaah, I'lorida 33644 C'IlV ~ 12_43-46-16-01-117-oa40 ~tICH1-()T-WAY U~:~.:U T}iJS i1V13FN'1'1JRf? tnrtc{u this 11~h day ctt' __MaX__........_._,lf)07, trrt~,vc:rn Ronald L. Platt .... ~__._--....__---......_ ................_. wrth a ntailinr; tuklr~ss of 205 N . E . 5th Terrace , Delray Beech, FL 334 ....._- ~--- -- ----~ . ....---.._. _. -. ..____-_____.... __..._.._......... _.... __._, as par#y of I_h4 first It»rt att(t CITY t?F f)F.L.RAY iiI~.AC'i~T, i~LOttI!)A, a I'lrri(l:r municipal corlrorAtion with a nrtiling ad(ic•~~ss dE' 1C-{.} ?~T.Vir, Ist A~Itrtu(:, 1')elr,+y 13cach, l~lorida 33444, o.~t parry of the s(~:un.d part. V-?I`I'NE~SETI~I: 'i'hsrt snid pony of the first part, fnr and in r;t,n::itl(:rrtti~n of flt(: tttttttr;tl pnxnises herein c~nt;tined ttttd outer good and valurihlc c(tnside>:rttan, floes [terchy grant, remise, rc.lc:ase, quit rt:3itrr artd cnttvcy atria tlt(; party rtf the second part, its surcxssors alto ;t~si~rrs, all rigltt, bile, interest, f.~3ittr and de7ltattd which tt18 party (tE(Ile tirSt Part has in and tU the. firltawing-(lescrihed Itirid, situate, lying stud being in the County of I~aln1 T3each, State of Florida, tU-wit: SP,f; Exhibit "A" adachcd ltereto. 'I"his T)r.F~l is made fc~r NtF l-urlwse of t;}~~in~; 1tt(l t,~rarttiuF let the ltarf.y of the s~~coud parry its sn(.r.(sss(~rs otter itssigrts~, a right-af way artd casenrc(tt itt and I(1 s;tid land, fttr prtblic highway, street, and ptthli<; utility purlt(tses 3110 tl1C rttRitttt:nc'tr1CE thG't'C.(li; ~llyd is ut1dC, (.x(:culcd and delivere~ci with tllc exltiress unclerst(uldin}; and cr}nditian that sharlld th(- same e'vc:r Uc discorttinuerl nr abandnnect as a public high~atry (tr stret.t, the till(: trt same sltall thcrrrtpatl revere tit and revert in the Marty of the first part or assigns, except Ihat the et+sc:mrnt ftr pttE.lic utility 19tultoscs shtrli remain rtrtti[ released. I'hs.t this right-oG~vay sttaU be ;~ultject only to those easerrYCrrts, restrictions, and. rrsrrvrttian oC rerdrtl. The parry ctf tlrc first pztrt :t~-,re~s to provi(le fbr the rrlexrsc; +~f :uty and Frl) rrtvrtgttges ar lions urtcurniicring this right-of--way. The pttrly of the first part alsn agrees to rrrcl n(. buildinh ar oiicxt any other lcirtd t~f cnnstnt(:tion ctr irrtproventents upon the abrnre-tl(~scriUe(I pr ttlJ.erty, h1AY (1t., 2(107 1F:46 DELP.AY BF.ACN (:I SC1?.~13-l22:1 Page 9 1'strty of the firK1 p:sti clncs hurehy firll.y w:tirtutt lhe• title tct Sttiil Istnd anil rWrll etcfend tl~e, ssut)ts against the ln~vfitl claims of all l~a~srns tiv)tontsaevcr claimed Uy, Ihrau~tt ai antler il, thsrr. it has goad ril;,Irt and lawflil trWhorit~ ra ~trnn! tltc nt~croe-c.Ic:Sttrihe~l ril~,ht-of-w~Hy antl tl~stt the sauna iR irnencurrtl~ered. Where tits rantt•xt of this Rtgl~t-cif Wcty f3ct:d allows or 1>er~:nits, the seine shall irac:ludo the suc.cG~;sars t~s rrssigits pf the 1fArties. ~ ' 'i'(l }.•IAVI? A.NL) '!'O HC)LC) 'i'Fl~' AMR. togetl~at~ with nll and sin);ular Ihc: aplaurtcnunceg [I~ereto helCn)ging or in anywisC Inc:i[lt~,-11 OI' Apl)erlAit11It1_,, ttnt! z,tl the estate, rill:l,, title, intert:st, ;tttd claim wtl$tsaevc;r at' nc~ ss,1d party of i12e Tirst flat(, in leVV of in ayuity 1u flee only I't•'il'ar --«,• benefit, anti hchrsl!' trl' tl~e said prtrty of the second ltstli, its succe~sars and i1S5i~,;rl&. [N tYi'I'NFSS t~Vf•lr-1t.~jP, ggid t~arly t~f the lust I~nrt has Jrcrcrtrrto sNl (hair h;uuJ n-lrl at;:tl thq data tirRt abtlve wt•ittcr:. ~iltncd, sealcti and dativc;rcd in lhet~ncsaF,r~ (Name px~rtted .aac--hyped; (Nome pr'irtittd or (}Teti) S'1'AT~? C)r FLORIDA (,(.)LlN'l'Y' (}r .R~LM REACH 1'' -,"~' 'I' PART ily:_...-.. (Nnrizi±p~5"~Gr ~31~ ~~~~r~ ~ l~~lymy i, ,~ ~ yyy ?~Adt~~t;.ss~ '1'ho fere}~oina i[i:ilrurnetlt. N•sta nclclrowledgccl hefpre irra this llt,hclay~ a.f ~. May _ , ?OQ'~, 1,Y .Ronald L . Platt. ~ _ _ wltin is parsonaltti~ lcnawn to ::-t; ar my llrtxiucctl drivers l~c'enae ~aa ~ ~ ^~-ntifi ation ~~ , s~;na(uru v Natrxr•}~ !'ulllic - ==s ct~sllNAP/-BSMII81 Shit: of Fic~rida ~ 1, , :.- AtY CDA~IISSiON i DD 592754 EXPIRES: September B, 2010 ,~ ,, ~ . . eonara mu Nark wwo'unanaiws . At1lY t)2, lp(17 1 B: X16 t)CLRAY 8£ACR C3. 5t>124:3723 !,age 5 t) Fr~pared ~y: ttFZt.nu~• z~. ~~ra si,~,~t, i~:~ City Atxarr~ey's Office ZW T!'.W. ist AvCilue Lh:ira.y r3cach, rtoricta 33J44 ~v®t~Ha~~I~~.r~c x of ~i~cv~r~>rc~: T~,,:~,?~~ rKC~ ~ ~U~~TS TU T~•IE C.:~TY t7~F llE[.R.rtX Bi~ACii<. FI:ORIT~A .l~1VUVV ALL M>/N I3X THt5E PTtF?5t?..I~!`T'S: That wlurreas it is regtiiiri~l by the f:ity of I)stray B~ac;h to lxra~icle certailx wi(ith of rif;lit.-czf=~,=ay iii ~rrcarclance with its Colnprc:Ix~nsiv~ ~' inn, anti, WHEI2BA.fi, a portion 4f the lax3ds r~e~ired tc- be dc:~ctiaated t(] the City is subject tc~ a ixiort,~;tge held. lzy the' un(icrsigued; anti fJVHL"RF?AS, on l~elialf of tl~e City oC Delray Beach, a request: has been made for the. untlersi;~IZed to subordinate sa.irl cnctxrrit~ranee to tha properly rigliw~ of the City df Delray $L'.iiCli irx and to tile; [~f~rtipit uCthe pre~rii5es hereinaitcr cie~ribeti. AIOW FHFKI3~URE, -r~ITNB~SBTH: 7lzat fcrr ar~d iix cotlsideration of the xxtutua.l protuise~s harein wntailied aril otltex good and vatusek~le consideration, the undersig~iect sulaurdiiia.tes sai(3 ene~uni~rance tt~ tlxe property rights of tlxe E:.'ity of L)'efray Be,•aoh, Fl<>ridxt, to provide far the dedication of i'i,F,llt-of way af• t#1e following ~~SCribed lands, ling a itortion cif tixr cncuxi;~bei-e(l premises in !'ah7i k3c;ach County, IKlorida, to wit: See Lxt~ibit "A" Attaeireci hereto insofar as said premises are affected lay the Right csf Way nedicat.ian for the area ciescri~ied in Bxhibil' "~" PK.C3vlf3ED, AI.,WA`irS, ?~FFs'Vf:ItTH~LESS, trnd it is ~:xpressly under~stond and. a~xaad that this instrurnc-nt sui~os-dinates said enctunbru~cc inscxfar as sa[txc: ai'f'c~ts ltxe rights and. privilelc4 cif. the Gity of Delray [3c;ach in its use of the land specifically abi~ve cfeseri~ie(i far xi~lxt-(sf-~vay and. that nothing herein contained shall in arxy wa}~ :xlic:y, affGC#, impsxir, mi~r~imiz(:, ar dinxinish the effect r}(' said c~rictinxbrarccc; ur the reine<lies at la;v ar in. c;quity for recorr(;ritil; tlaerewader, or a}~.irxst tii~ parties ahargu3 t)xsrehy. the felt umoxxnt ai' all suirts sectirFxl by acid/or raider the sarE•ce. It is Iurthr~;r uxiderstrzoc~ airtl tigreed #iiat. in die ewertt said alxive desr..ri$ed preiriises ai•e abazxie~nc~ by the f :i1 y of ?:)c;h-ay 1:3caGh raid cease to ne usc(t fryr xight-of way that ixx sric]x oueiiC titC st~bc~rdirixte: MAY 0?,Z00'] 18.95 DRLR,~Y B£ACH CI 5b12437~2I, Page 7 of said Nacurrrf~rsnac shalt testninate in :~r,d ,o surf, ~ort.iori sl3sandonec3 and no longer used :~4 aforesaid, and t~ encrln~krrwn.cx shalt became of the sarnc status ~+vith reference tc~ such JbF]ttd4nC~ f)UTliOfl fLS If rite 511bt7Fd~tltlkiUfl lead tlrxver bt~:tr- tT1.1(~t.. ~ VJt.'l'NES'~_W~IERF,fJT, Chi sAid t~alder df lt,~: cncirmbraucc .ha.: clu.ly execukcd this instrumenE this I~_ day o.f'_ MaY_-___.__-----..._.-. ~~~• Si~ec~, seam acid deliverer! in the presetzcc, of: 42 w' ses rr:q[,iced by Ftarida l:.aw) 'Tt~it" `S (name pF~r2teCt or tVpect) Rv.._ (rratne grit te~~ c~sr typ~t) STATE OF FLORIDA t~l~[.l~N'l'I~ QF PALM BEACH 1st. United Bank, ~Fl,~ri-t~~'"banking corporation. or typed) The €are~ing iuscruzncrrk -va.~ aCtatu«rledgeo2 before n,e ctiis ~t~ day of _...Ma~Z__~._.._._. > 20117 bg - .~ JGi..•• /'~•,~.-.-.: _ (name caf nf~icel rrr agent; kitlc; ~f crt~c:er or at.;ent) c>t' .1st..-~li~€d .Bank ._ (,~aruu of coi~ar•at.rori ~x;-lase~v~~le;ct~~iri~), a -.--Florida __-_ fstat~: or place of incnrparatian) cornnntkian, art bchatt'~f'tire cc~~rt~kion. I1:r./St,e is ix:rsnnalty l~,own kc~ n~c nr h,rs Produced ,~„---_. _-- __ {type ~yf identiticxtion) srs ideniifitakic~n. - - .--.-.-._..__..._. _~~''"q,,,,, r~DSUae>:R ~ Stgnak U4;1F~1~I1~fIC ;.t "*: A4Y GOMMISS(ON 8 DD 580675 ~~~ EkPiAf$: ~eptsml7tit ~1; 73610 lino Nno~ty ~~ Ufi~lfi~r9 a MTsY Q2, 2(1Q7 .1£3:45 DELRAY BER(:H Cl: 5b1?937~23 Page 8 EXHIBIT "A" BEGINNING A'f THE NORTHEAST CORNER OF THE AFOREMENTIONED LO1' 4, THENCE SOUTHERLY ALONG THE EAST LINE OF THE AFOREMEN'T'IONED LUT 4, A DISTANCE OF 72.40 FEET; THENCE WESTERLY THROUGH AN INCLUDED ANGLE OF 89°08'00" ALONG THE SOUTH LINE OF THE NORTH 29.2 FF_ET OF THE AFOREMENTIONED LOT S FOR A DISTANCE OF 2.00 FEET; THENCE NORTHERLY THROUGH AN INCLUDED ANGLE OF 90°52'00" ALONG A LINE 2 FEET WEST OF AND PARALI.,EL WITH THE EASTERLY LINE OF THE AFOREMENTIONED BLOCK 117, A DISTANCE OF 63.04 FEET TO THE POINT OF CURVATURE OF A 9.50 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A CENTRAL ANGLE OF 89°08'00", FOR AN ARC DISTANCE OF 14.78 FEET TO A POINT ON TI-IE NORTH LINE OF THE AFOREMENTIONED LOT 4; THENCE EASTERLY ALONG TTTE AFOREMENTIONED NORTH LINE A DISTANCF, OF 11.36 FEET TO 'fHE POINT OF BEGINNING. Viso E. aTLANTIC BLw. ~ ACCURATE LAND.: SURVEYORS, INC. TEL. (954) 7sz-~44~ POMPANO BEACH FLORIDA 33060 L.B. J~3635 FAX. (954) 782-1442 SHEET 1 OF 1 -------------------------------------- R-9.50' Q-89~08100~ POINT OF BEdNNING O! A-14.78' / N.E. CORNER of LOT 4 ASPHALT ; L / N. UNE OF LOT 4 ~ ~~~ G~~e ~ OG5 \/ W z 3 ~ 0 20 4D GRAPHIC SCALE T'~40' 1 I I I 1 r I I I I 1 t 1 I I I I I I I Io to IN In I I I I I I 1 1 t I I I 1 1 I I I I 1 7 I I I I /I 1 I i _I I I ~ ~ F I s' I ss I I al ~ I ?W ~~ }. I- 1 f 1 I I I 1 t I I 1 I I I 1 I I I I I 1 I i 1 1 I I i ----nl-------' S E A ~ S.E. - - 6th AVENUE Nor vAUD FATHOUr STREET ADDREe_g: 2s s[ ~,H Ax BeuAr 7wL n ~ - - - -- 1HE SICNATTIRE AND 60 R/w RECEIVED 0 ~IFI A R R DEDICATION DEC CRIPTIDN~ SEA A D DA LICENSED SURVEYOR _ AI'OR'ItON OFTHEIi~LLOWINC DESCRIBED PARCEL OF UND; NOV O 1 ZOO! ANO MAPPER LOTI ANDTMfi NORTH 29.2 FRET OP L07'$, BLOCK 7)70FTOwN OP UNTON, IRDRIDA, ON f11.P, IN THL' ' OFF7CE OP TH6 CIRCUff COURT IN AND POR PALM BEACH ODUNTY, FLORIDA, R[CORDHD IN PLAT BOOK,I AT PACE 3 LESS THE WEST 5 FEET'THEREOF, WHK.71 A$AEfiN TAKEN FOR THE lY1pGNING OF US /~~p T HK'.HIY AY MI. AEING MORE PAKDNLARI.Y DESCRIBED AS FOLL01Y5; IFICATION; ifil` - - BEGINNINGATTHENORTFIEAST CORNER OFTHE AFOREEIENTIONEp LOf 1, T71ENCF, SOUTFIERLY ALONG. TILE EASE LINE OF TILE AK?ISF.MENTIONP.OI.OTI,A DISTANCE OF 7210 FC•El';THENCF. ~ HEREBY CERTIFY THAT 1HE ATTACHED SKETCH OF THE HEREON DESCRIBED PROPERN IS TRUE AND CORRECT TO THE BEST OF OUR WI'CIl:R1.V T9iR000H AN INCLU DED ANCI.E OF 89'08911"ALONG THESOU7'H IJ NE DFTHE NORTH 29.2 KNOWLWGE AND BELIEF AS DELINEATED LlNOER OUR DIRECTION AND FEET OFTHE AFOREMENTK)Nf.DL(71'6 FORA DISTANCE OP 2.OD hEET; THENCE NOR771ERLY Tt1ROUGH ODES HOT CONSTITUTE A FIELD SURVEY AS SUCH. I FURTHER CERTIFY ANINCLUDED ANGLfiOF90'S2'00'ALONGA UNE2FEET WESC OF AND PgRALLE1 WITH THE EASTERLY THAT THIS SKETCH MEETS 1HE MINIMUM TECHNICAL STANDARDS FOR LINE OF'THF, AFOREMENTfONCD BLOCK 117,A DISTANCE OF 69.01 FF-E7 TOTHE POINT'OF NRVATURE LAND SURVEYING UNDER RULE BiG17-6 FLORIDA ADMINISTRATIVE CODE, OFA 9.50 FOOT RADIUS CURVE CONCAVH 90VIHWESTfiRLY;THBNCE NORTHWESTf:RLY ALONG THE ADOPTED BY THE FLORIDA ROARD OF LAND SURVEYORS, MAY 1995 AITC OF SAID CURVE HAVENG A CENTRAL ANGLH OF A9e06'00', FOR AN ARC DL51'ANCE OF 71.78 PEET TO . A POINT ON THE NORTH LINH Of TrIE AFOREMENTIONED LOT 1; THENCE. EASTERLY ALONG THE Afi~REMENTK)rIHD NORTH LINE A DISTANCE OF 11.96 FEETTO THE POINT OF BEGINNING RENSIONS DATE BY /D 3o-d ROBERT L. THOMPSON {PRESIDENT) PROFESSIONAL SURVEYOR AND MAPPER No.3869 - STATE OF FLORIDA DATE DRAWN BY NECKED BY FIELD BOOK SCALE 1 "= 40' i [~ SU-07-2108 OS-08-07 MLW MLW FlLE Nu le R I I LOT I 1 I 1 I I I I r ~' N. LINEi OF LDT 4 I I J I ~1 ql ~I 1 I I I I 1 I I f I I I I 7 I 1 I i I I I I I f I I I ~~C~ 1 I 1- I L ~ ------------- o F' vi 63.04' I I I I I 4 I 1 I I I I I I I I 1 f I I I 1 1 1 I I I I I I I 1 I I I I I I I I I I I ._ --1-------' 72.40' THE WEST LINE OF LOTS 4 do S BLOCK 177 N 14.00 I t I 09~W I I 1 I I I I I I ~ LOT i 5 BLOCK i ~ Date: 2 November 2007 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: Consent Agenda _X_Regular Agenda Workshop Agenda -Special Agenda When: 06 November 2007 Description of Agenda Item (who, what, where, how much): Request Commission acceptance of Right-of--Way dedication for The Mellow Mushroom located at 25 S.E. 6~ Avenue. Recommendation: Department Head Signature: City Attorney ReviewlRecommendation (if applicable): r- ~.- Budget Director Review (required on alI items involving expenditure of funds): Funding Available: Yes / No Initials: n/a Account Number Description Account Balance: Funding Alternatives: (if applicable} City Manager Review: Approved for Agenda Yes / No Initials: Hold Until: Agenda Coordinator Review: Received: S:\EngAdmin\Right•of--Way Deed\Mellow Mushroom\mellow mushroom agenda request 2007.11-06.dac MEMORANDUM TO: Mayor and City Commissioners THRU: David T. Harden, City Manager ~~" ~S ~S~^~ /~I Richazd C. Hasko, Environmental Services Director FROM: Randal L. Krejcarek, PE, LEED AP City Engineer SUBJECT: AGENDA ITEM • CITY COMMISSION MEETING OF NOVEMBER 6.200? APPROVAL OF FIRST NIGHT BANNER ART PROJECT PROJECT #2008-020 DATE: October 31, 2007 ITEM BEFORE THE COMMISSION This item is before the Commission to approve funding for supplies for the First Night Banner Art project. Funding is not to exceed $3,500.00 and is available from the Public Arts account. BACKGROUND The Downtown Marketing Cooperative and Downtown Development Authority asked the Public Arts Boazd to jointly sponsor a First Night Art Project where 33 banners will be unveiled, one each day, beginning on 29 November 2007. The banners will be painted by local artists and schools and will be on display until the end of January 2008. The banners aze proposed to be hung on the south side of the Old School Square Pazking Garage. The Public Art Advisory Boazd approved the allocation of up to $3,500.00 for supplies at their 22 October 2007 meeting. FUNDING SOURCE 115-1702.-579-49.90 RECOMMENDATION Staff recommends approval. oc: Agenda File 11/068009 File Art Board u~~aau~awemaa ~a ~ i.e.o~nzoo~-~ ~-oe is .8a,a. mmwRV.aac 8.0 Date: 31 Oct 2007 AGENDA ITEM NUMBER: ~ •~ AGENDA REQUEST Request to be placed on: X Consent Agenda -Regular Agenda -Workshop Agenda -Special Agenda When: 06 Nov 2007 Description of Agenda Item (who, what, where, how much): Request for CUInm1SSlOn approval to provide art supplies for the First Night Banner Art project. Funding is not to exceed $3,500.00 and is available from the Public Arts account. Staff Recommendation: Department Head Signa City Attorney Review/Recommendation (if applicable): Budget Director Review {required on all items involving expenditure of funds): Funding Available: Yes I No Initials: YES ~~ ~ ~~'~/I v Account Number Description Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda: Yes No Initials: Hold Until: Agenda Coordinator Review: Received: ~- (if applicable) S:\F.ngAdmin\Projects\2008\2008-020\OFFICIAL\2007-i 1-06 let night agenda.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: Tim Simmons, Acting Director of Parks and Recreation THROUGH: David Harden, City Manager~~~ DATE: November 2, 2007 SUBJECT: AGENDA ITEM # -REGULAR MEETING OF NOVEMBER 6, 2007 APPROVAL TO APPLY FOR THE FLORIDA DEPARTMENT OF ELDER AFFAIRS GRANT FOR THE FAMILY RECREATION AND FITNESS CENTER. ITEM BEFORE COMMISSION Request approval to -apply to The Florida Department of Elder Affairs fora $2,000,000 maximum grant award for construction of a Multiservice Senior Center at The Delray Beach Family Recreation and Fitness Center. BACKGROUND The submission deadline for the grant is November 26, 2007. We are applying for the maximum request of $2,000,000 for a Senior Center Fixed Capital Outlay (FCO) Project administered by the Florida Department of Elder Affairs for construction of a Senior Center at The Delray Beach Family Recreation and Fitness Center. This grant is a one-time appropriation by the Florida Legislature which requires a 25 percent match of total program costs funded by the Senior Centers FCO project. Eligible match may consist of the appraised value of real property. If grant funding is approved the City may need to proceed with the construction of the center before proposed FY 2010. Participants of a needs assessment by Tetra Tech, Inc. done in May, 2004, for The Delray Beach Family Recreation and Fitness Center felt that the elderly/senior community was not being served and a Senior Center should be included as the main function of the proposed center. RECOMMENDATION Parks and Recreation Department recommends approval to submit The Florida Department of Elder Affairs grant application for $2,000,000 for construction of a Senior Center at The Delray Beach Family Recreation and Fitness Center. 8.~ STATE OF FLORIDA GRANT APPLICATION INSTRUGTI~NS SENIOR CENTERS FIXED CAPITAL OUTLAY (FCOI PRO.lECT STATE GRANTS AND AIDS PROGRAM STATE FISCAL YEAR 2QQ7.08 AS ADMINISTERED BY THE FLORIDA DEPARTMENT flF ELDER AFFAIRS Applications for the Senior Centers ~G~ program must be received by close of business November 26, 2007 SENIOR CENTERS FIXED CAPITAL OUTLAY PROJECT INSTRUCTIONS AND REQUIREMENTS PART A -GENERAL INFORMATION AND REQUIREMENTS I. AUTHORIZATION AND PURPOSE On May 24, 2007, under the authorization of Senate BiH 2800 (Appropriations 501), Governor Charlie Crist signed into law a $9.1 million Fixed Capital Outlay (FCO) appropriation designated for grants to construct, repair and maintain Florida's senior centers. This appropriation provides for capital improvement grants for senior center construction, as well as for making repairs and performing maintenance on existing facilities. Prospective grantees are required to complete and submit a grant application package to the Department of Elder Affairs (hereinafter referred to as the department°). The department will serve as the designated administrative entity for the grant program. II. DEFINITIONS For purposes of this grant, the following definitions apply: Construct-Activities normally associated with erecting or modifying a building or structure. This includes labor, services, materials and equipment for new construction, alterations, enlargements, additions, moving, conversion, razing or demolition of buildings or structures. Fixed Capital Outlay (FCO) - An appropriation category used to fund real property (land, buildings, including appurtenances, fixtures and fixed equipment, structures, etc.), including additions, replacements, major repairs, and renovations to real property which materially extend its useful life or materially improve or change its functional use and including furniture and equipment necessary to furnish and operate a new or improved facility, when appropriated by the Legislature in the fixed capital outlay appropriation category. Section 216.011(1)(p) F.S. Maintain- General term to refer to activities involved in keeping the structure or facility in good working order or to preserve the structure and equipment from failure or decline so that the facility will continue to serve its intended purpose. Maintenance could include painting, pressure washing, insulation and other activities that would prevent deterioration or increase more efficient operation of the facility. For example, a central air conditioning system may not be in need of repair, but its age and lack of energy efficiency make it more costly to operate than replace. Multiservice Senior Center -Florida Statute Section 430.901 provides the following definition and purpose: (1) A community facility that is a focal point for the organization and provision of a broad spectrum of services suited to the diverse. needs and interests of independent older persons, which may include nutritional meals; health, menu health, social, wellness, respite care and education services; and' recreational activities. (2) An entity tha# may partner with an aging resource center to provide for easier access to long-term care services by seniors and their families who reside within the local community. (3) A setting that provides opportunities that enable participants to stay connected to their communities and their support networks. (4) Designed to offer preventive screenings, activities and services that may divert seniors from mare extensive in-home services and help reduce, delay or prevent premature institutionalization. Repair -General term to describe restoring an existing structure or facility by replacing or rebuilding deteriorating structural components or equipment that is broken or not working up to original standards. Far example, repair activities would include roof repair or roof replacement, replacing broken glass or an entire window, patching or resurfacing cracked parking lots and walkways. III. FUNDING PERIOD The funding period is subject to Fixed Capital Outlay rules and regulations. Projects must be initiated promptly following announcement of the award and projected timelines must demonstrate that project will be completed in a timely manner. IV. FUNDING LEVELS AND CEILINGS All grant awards are subject to availability of funds. The $9.1 mil{ion Fixed Capital Outlay (FCO) will be awarded and disbursed across three funding level categories: Category 1: One third of the funds are designated for projects up to $250,000, Category 2: One third of the funds are designated for projects between $250,001 and $1,000,000, Category 3: One third of the funds are designated for projects between $1,000,001 and $2,000,000. Applicants may request funding up to the ceiling specified for each funding level. No application request can exceed the maximum award of $2,000,000. The department has the discretion to move funds among categories based on the value of applications submitted. Money remaining in any category following the award of grants wilt be moved to the next category for distribution. V. ELIGIBLE APPLICANTS Units of local government and private non-profits are eligible to apply for this funding opportunity. VI. ELIGIBLE FACILITIES Facilities that currently meet the Section 430.901 Florida Statutes' definition of a Multiservice Senior Center are eligible to apply for this funding opportunity. Also eligible are new facilities or existing facilities certifying they will meet the Florida Statute definition of a Multiservice Senior Center by the conclusion of the project VII. MATCH REQUIREMENTS Applicants are required to provide at least a 25 percent match of total program costs funded by the Senior Centers FCO project This means that for every three (3) dollars of state Senior Centers FCO funds received, the applicant must contribute at least one (1) dollar in cash or cash value resources toward the projects total costs. Eligible match may be in the form of cash, or in-kind. In-kind contributions represent a value placed on non- cashcontributions and may consist of the appraised value of real property or equipment as well as the documented and verifiable value of goods and services that directly benefit the project 6 Applicants may count funding commitments as eligible match, providing they are documented and reserved exclusively for this project Some project-related costs already expended may qualify as match, provided that the expenditures represent bona fide disbursements made for the project and have not been used as match for another program. Given the limited availability of funds under this program, it is expected that other sources of funding will be necessary to cover total project costs. Applicants are required to show the total casts related to the project including the amount, source and use of funds from all sources. VIII. PROJECT TYPES AND ALLOWABLE USES OF FUNDS The Senior Centers Fixed Capital Outlay (FCO) program provides funding in the following three (3) areas - construction, repairs and maintenance. For purposes of this program, the terms construction, repairs and maintenance shall be restricted to the definition and usage provided in these instructions. Examples of allowable expenditures include: ^ Repairs to the facility to alleviate safety or health concerns ^ Improvements mandated by federal or state regulations, such as ramps, automaticmandicap door openers, elevator controls, signage and installation or repair of emergency, fire or security systems ^ Major energy-related renovations, such as lighting systems, heating ventilation and air conditioning (HVAC) systems, repair of roof and replacement of windows ^ New construction or retrofitting an existing facility for the purpose of becoming a multiservice senior center IX. EXCLUSIONS AND PROJECT RESTRICTIONS Costs associated with preparation of the grant application are excluded as eligible project costs under the Senior Centers FCO program guidelines. Grant dollars cannot be used for expenses incurred prior to the grant award date. Some categories of previous expenditures may ~ allowable as match. Grant dollars under this appropriation cannot be used for site acquisition or development costs except to the extent they f~l within the definitions of construct, repair or maintain as used herein. These costs may be allowable as project match. Additionally, funds from the Senior Centers FCO project may not be used for the following: - personnel costs - senior center activity costs - bad debt - fund raising costs - late payment charges - promotional expenses - operational costs - administrative expenses - contingency funds - legal fees - penalties and fines - contributions 7 X. QUESTION AND ANSWER PERIOD Any questions regarding the implication process must be submitted in writing to SRCenter@elderaf'fairs.org by close of business October 26, 2007. Questions received after this deadline will not be answered. All questions and answers will be posted on the departments Web site, http:llelderaffairs.state.fl.uslenglish/SeniorCenterlgranthtml. Anticipated date of posting of questions and answers is November 2, 2007. XI. APPLICATfON SUBMISSION INFORMATION An original and four (4) copies of the application and all supporting documents are to be submitted to: Senior Centers FCO Project Registrar Florida Department of Elder Affairs 4040 Esplanade Way Tallahassee, FL 32399-7000 A{I grant applications must be received by the department at the above address not later than the close of business, 5:40 p.m., on November 26, 2007. The department will date stamp all responses upon receipt. Any application received after the cutoff period {time and date) will not be considered. The department will not accept electronic or facsimile applications. XII. PROJECT EVALUATION The department will appoint review teams to evaluate all eligible applications. Applications will be reviewed against others submitted in the same award category. A review team will evaluate the applications using the criteria provided in these instructions. Final decisions will be made by the department taking into consideration available funding, the overall goals and mission of the department, and the best value to the state based on objective factors that include price, quality, design and workmanship. Application Screening Criteria The department reserves the right to reject any and all grant applications. This is a solicitation far applications and not an invitation to bid, a request for proposals or an invitation to negotiate, and there are no appeal rights. Applications that fail to meet any one of the following requirements will not be reviewed and will receive no further consideration: • Application not received by the application deadline • Applicant is not an eligible applicant or facility • Applicant fails to demonstrate a minimum 25 percent match • Application does not include each of the mandatory components listed in Part B of these instructions. Scoring Criteria Grants will be awarded to applicants who best meet the requirements and evaluation criteria described in this package. Reviewers will consider information provided in the project narrative and in back-up documentation when scaring project narrative sections. The application will be reviewed and scored 8 according to the guidelines described in the Project Evaluation section included in Part C - Additionai Infonmationfor these instructions. Bonus Criteria: Applications documenting any of the three special community designations will be awarded an additional five (5~ points for each designation up to two category designations. An applicant can only claim a category designation once. For example, if an applicant serves an area that includes several Communities for a Lifetime locations, only one Community for a Lifetime special designation can be claimed. See the Special Community Designations section in Part C of this document for the applicable designation. Xlll. AWARD NOTIFICATION Once final decisions are made, grant award announcements will be made by award category. In addition to written notification to each applicant, grant awards will be posted on the departments Web site. The date of grant award announcement may vary by category. The first notice of award is anticipated January 15, 2008. Applicants will be required to complete a notice of intent to accept the award upon notification followed by a memorandum of understanding with the department prior to the disbursement of funds. 9 Date: November 2.2007 • ~, Request to be placed on: AGENDA REQUEST Consent Agenda _X_ Regular Agenda When: _November 6, 2007 AGENDA ITEM NUMBER: g Workshop Agenda Special Agenda Description of agenda item (who, what, where, how much): Approve authorizing staff to apply to The Florida Department of Elder Affairs for a $2,000,000 maximum grant award for construction of a Multiservice Senior Center at The Delray Beach Family Recreation and Fitness Center. Department Head Signature: 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: Approved for Agenda: ~ / Hold Until: Agenda Coordinator Review: Yes / No Initials: No Initials: (if applicable) Received: MEMORANDUM TO: MAYOR AND CITY COMMISSI ERS ,/ FROM: JASMIN ALLEN, PLANNER ~"'~ ~~~~ ~. PAUL DORLING, AICP, DIR CTOR PLANNING AND ZONING~~ THROUGH: CITY MANAGER DATE: SUBJECT: ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were made by various Boards during the period of October 15, 2007 through November 2, 2007. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal pereod has not oecunEd). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the Ciiy Commission hears appeals of actions taken by an approving Board. [t also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Planning and Zoning Board.- Mee~nc~ of October 15, 2007 No appealable items were considered by the Planning and Zaning Board. The following items which were considered by the Board will be forwarded to the City Gornrnission for action_ ^ Recommended approval {7 to 0), of a retuning from R-1-A (Single Family Residential} to CF (Community Faalities) to accommodate offices for the Achievement Centers for Children and Families, located at the southeast comer of NW 4~' Street and NW 5"' Avenue. ^ Recommended approval (7 to 0), of a privately initiated amendment to the Land Development Regulations Appendix "A" Definitions to provide a definition for automobile boutique; amending Sectian 4.4.13(D) CBD (Central Business District) to add automobile boutique as a conditional use subject to the provisions of Section 4.3.3; and, amending Section 4.3.3 to add specific requirements for automobile boutique uses. NOVEMBER 6, 2007 City Commission Documentation, Meeting of November 6; 2007 Appealable Items ^ Recommended approval (6 to 0, Joseph Pike stepped down), of a master development plan for Alta Congress, for the constnadion of 451 muki family residential apartment units, of which a minimum of 20% (91 units) are subject to the family workforce housing ordinance within the MROC zoning district, lacated within the Congress Park Subdivision, west side of Congress Avenue, 1,620 feet south of West Atlantic Avenue. Site Plan Review and ,4ooearance Board -Meeting of October 24, 2007 A. Approved (6 to 0, Connor Lynch absent), a Class I site plan modification request to paint a mural on the front of the building for Mets Management Mural, located at 165 NE 2"~ Avenue. B. Approved (6 to 0), a Class I site plan modification associated with the installation of accordion shutters along the north, south and west elevations for Kia Dealership, located at 2225 and 2255 South Federal Highway. C. Approved {6 to 0), a Class I site plan modification associated with the installation of new impact rated storefront windows and doors for Martini CNfice Building, located at 302 NE 6~' Avenue. D. Approved (6 to 0), a Class I site plan modification for ardtitectural elevation changes associated with the elimination of the second floor restroom/concession and meeting facility for Seacrest Soccer Complex, located at 2501 Seacxest Boulevard. E. Approved (6 to 0), a Class II site plan modification associated with relocating 65 parking spaces and construction of new truck wells with bays in place of the temporary parking lots for Congress Park Business Center-Phase 2, located at 420 South Congress Avenue. F. Tabled (6 to 0), a Class 1V sifie plan modification, landscape plan oral architectural elevation plan associated with the construction of a 730 sq. ft. building addition for Pediatrics by the Sea, looted at 285 SE 5"' Avenue. The Board tabled the reques# due to the lade of darity and insufficient plan inforrreation. G. Approved with conditions {5 to 0, Jose Aguila left the meeting}, a Class V site plan, landscape plan and architectural elevations (4 to 1, Frances Bennett dissenting), for Aita Congress, a proposed 451-uni# multiple family development located on the wes# side of Congress Avenue, south of West Atlantic Avenue. The following actions were taken regarding the following waivers: Recommended to the City Commission approva! (4 to 1, Andrew Youngross dissenting) of the waiver to LDR Section 4.7.9(c}(i), which requires that the total number of one bedroom units in any qualifying project shall not exceed 30% (50.9% proposed) of the total number of units in the project, inducting both family/workforce units and market rate units. Recommended denial {5 to 0), to the City Commission of the waiver LDR Section 6.1.2(C)(3)(a), which requires a standard aisle width of 24 feet for normal traffic flow with perpendicular parking. 2 City Commission Documentation, Meeting of November 6, 2007 Appealable Items No other appealable items were considered by the Site Plan Review and Appearance Board. The following items which were considered by the Board will be forwarded to the City Commission for action. Recommended approval with conditions (4 to 2, Andrew Youngross and Jose Aguila dissenting), of a Class V site plan, landscape plan and architectural elevations associated with the construction of a 116-unit townhouse development (of which 32 units are subject to the family workforce housing ordinance) and 29,571 square feet of medical offices for Midtown Delray, located at 4600 Linton Boulevard). Historic Preservation Board -Meeting of October 17. 2007 1. Approved (5 to 0, Joanne Peart and Jan Kucera-Winney absent), a request for a Certificate of Appropriateness associated with the installation of windows and accordion shutters on a non-contributing structure located at 721 North Swinton Avenue. 2. Approved (3 to 2, Roger Cope and Keith Snider dissenting), a Class I site plan mod cation and a Certificate of Appropriateness associated with the replacement of original wood windows with aluminum windows for an individually designated structure located at 302 NE 7"' Avenue "Hartman House". 3. Approved (5 to 0) a request for a Certificate of Appropriateness associated with the installation of a vinyl fence for anon-contributing property located at 130 NW 3'~ Avenue. 4. Approved (4 to 0, Roger Cope stepped down), a request for a tax exemption to improvements to a contributing structure located at 226 North Swinton Avenue. 5. Tabled (4 to 0, Roger Cope stepped down), a request for a Certificate of Appropriateness to replace the original wood windows with aluminum windows for a contributing structure located at 205 NE 5"' Terrace/204 Dixie Boulevard. 6. Approved with conditions (5 to 0), a Class V site plan, landscape plan, architectural elevation plan and a Certificate of Appropriateness for Block 69 Office, a proposed three- story structure containing covered parking and office use. Concurrently, the Board approved the following waivers: Recommended that the City Commission approve a waiver to LDR Section 4.6.14(A)(1), which requires that a twenty foot (20') sight visibility triangle be provided where an accessway intersects a public right-of-way. The first waiver seeks approval of a site visibility triangle reduction to five feet, six inches (5'6") where the parking backs out onto the east/west alleyway. The second waiver seeks approval of a sight visibility triangle reduction to sixteen feet, four inches (16'4") at the intersection of the alleyways, located at the southwest corner of the subject property. By motion, receive and file this report. Attachment: • Location Map 3 A. METS MANAGEMENT MURAL 8. KlA DEALERSHIP C. MARTINI BUILDING D. SEACREST SOCCER COMPLIX E. CONGRESS PARK BUSINESS CENTER-PHASE 2 F. PEDIATRICS BY THE SFA G. ALTA CONGRESS 1. 721 NORTH SW-NTON AVENUE 2. 302 NE 7TH AVENUE 3. 130 NW 3RD AVENUE 4. 22S NORTH SWiNTON AVENUE 5. 205 NE 5TH TERRACE 6. BLOCK 69 OFFICE BU1LDiNG ~w R~ s:\PIor.Jny k Zonnq\oer~ca.-c~\co-ooc\i~-a-o~ ....,,_,._..~ arrLMrs .....,._„_ i ~~ i GRAFMC SCALE CITY OF DELRAY aEAl~f, R Pur~xuxvG a mnrNG oEPARneBVr ,vove~raauT n~crra ease irw srs~er~ CITY OF DELRAY BEACH, FLORIDA MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: PATSY NADAL, SR/,.~B~UYER THROUGH: CITY MANAGER ~ J J,l-~ ~S -5~n''~~ DATE: OCTOBER 31, 2007 SUBJECT: AGENDA ITEM #EJ.II• ~ -REGULAR MEETING OF NOVEMBER 06, 2007 CO-OP BID AWARD CONSTRUCTION MATERIALS ANNUAL CONTRACT TI'EM BEFORE COMMISSION City Commission is requested to approve of award multiple annual contracts for Road Construction Materials to Austin Tupler Trucking Inc., Community Asphalt Corporation and Ranger Construction Industries, Inc. for an estimated annual cost of $350,000.00 for the City of Delray Beach. BACKGROUND The City of Delray Beach is the lead organization for this Co-op Bid. Four {4) vendors submitted bids on August 09, 2007, based on estimated annual quantities from six (6) governmental entities. (Bid #2007-47 on file in the Purchasing Office.) A tabulation of bids is attached for your review. Awards are to be made individually by each participating entity based on an average cost of $.90 per mile included in the bid for pickup or delivery. Each governmental entity clocks the round trip distance from their respective facility to each vendor's pick-up site. Delivery Cost: A separate schedule of pricing sheet was included in bid specifications for delivery to each participating entity. Pick-Up Costs: To obtain a more accurate cost for picking up road construction materials with City trucks, total cost concepts were placed in the Co-op specifications (this cost was calculated by sending a driver to pick up a load of road rock and the average multiplier for annual vehicle costs and hourly personnel costs). In addition to the unit price of the material, now the costs involved in picking up the material are also considered in determining the true low costs to each entity. Attached for your review are the recommendations for award for the City of Delray Beach. Recommendations are being made to low bidder(s) for delivered materials and bidder(s) with low tnackload cost for pick-up materials. The recommended vendors for the City of Delray Beach are as follows: Vendor• Austin Tupler Trucking Inc. Community Asphalt Corporation Ranger Construction Industries, Inc. The Deputy Director of Construction has reviewed the bids and recommended award for the City of Delray Beach as stated above per attached memo dated October 31, 2007. FUNDING SOURCE• Funding from various departments operating expense budgets and capital project accounts for FY 2007-2008. RECOMMENDATION• Staff recommends the multiple awards as outlined above for an estimated annual cost of $350,000.00 for the City of Delray Beach. Attachments: Memo from Deputy Director of Construction City of Delray Beach Tabulation Co-Op Bid Tabulation Cc: Joseph Safford, Finance Director Richard Hasko, Director of ESD Rafael Ballestero, Deputy Director of Construction City of Boca Raton City of Boynton Beach Solid Waste Authority of Palm Beach County City of Greenacres City of West Palm Beach City of Deerfield Beach City Of Delray Beach Department of Environmental Services M E M O R A N D U M www. »rydel raybeach. com TO: Patsy Nadal, Purchasing Manager FROM: Rafael Ballestero, Deputy Director of Construction SUBJECT: Road Construction Materials Co-op Bid DATE: October 26, 2007 Listed below are the results of the co-op bid analysis, based on price and mileage. Group A, Road Materials (Asphalt): 1. Type S-1 Asphalt -Ranger Construction Industries, Inc. 2. Type II Asphalt -Ranger Construction Industries, Inc. 3. Type III Asphalt -Ranger Construction Industries, Inc. 4. Cold Patch Asphalt -Community Asphalt, Inc. 5. RC#70 'Tac Oil -Community Asphalt, Inc. 6. Permanent Cold Patch Asphalt -Community Asphalt, Inc. Group B, Road Materials (Non -Asphalt): 1. Crushed Coarse Limerock -Austin Tupler Trucking, Inc. 2. Pit Run Shellrock -Austin Tupler Trucking, Inc. Austin Tupler Trucking, Inc. 3. Drainfield Rock 3/a" -Austin Tupler Trucking, Inc. 4. Best Mason Sand -Austin Tupler Trucking, Inc. 5. Clean Fill Dirt -Austin Tupler Trucking, Inc. 6. Precast Bumpers - No bids received 7. Crushed Recycled Concrete - No bids received 8. D.O.T. Crushed Rock -Austin Tupler Trucking, Inc. 9. #57 Rock -Austin Tupler Trucking, Inc. Please use the bid Quantities to determine the total budget amount. CC: Richard Hasko; Director of ESD C:1Documents and Settings~nadal\I.ocal SettingslTemparary Internet Files\OL.K68\Annual mad materials memo 10 26 07.doc CITY OF DELRAY BEACH ROAD CONTRUCTION MATERIALS CO-0P ANNUAL CONTRACT BID # 20077 DELIVERED MATERIAL CITY OF DELRAY BEACH GROUP A: ROAD MATERIALS-ASPHALT-0ELIVERED RANGER ITEM ESTIMATED Austin Tupler Community CONSTRUCTION SHAW # DESCRIPTION QUANTITY Truckin ,Inc. As halt Co INDUSTRIES, INC. TRUCKING 1 Type S-1 Asphalt 250 tons No Bid $79.00 /ton No Bid No Bid 2 Type II Asphalt 100 tons No Bid $79.00 /ton No Bid No Bid 3 Type III Asphalt 300 tons No Bid $79.00 /ton No Bid No Bid 4 Cold Patch Asphalt 200 tons No Bid $24.00 /ton No Bid No Bid 5 Permanent Cold Patch 300 tons $110.00 /ton (Ready Road Repair No Bid No Bid No Bid or equivalent) DELIVERED MATERIAL CITY OF DELRAY BEACH GROUP B: ROAD MATERIALS-NON ASPHALT-0ELIVERED 1 Crushed Coarse 1,500 tons $17.50 /ton No Bid No Bid $17.75 /ton Limerock 2 Pit Run Shell Rock 500 tons $17.50 /ton No Bid No Bid No Bid 3 Drainfield Rock 3/4" 700 tons $23.00 /ton No Bid No Bid $26.95 Ron 4 Best Mason Sand 100 tons $24.50 Ron No Bid No Bid $22.75 Ron 5 Clean Fill Dirt 300 yds $12.85 /yd No Bid No Bid $11.95 /yd 6 Precast Car Bumpers 150 each No Bid No Bid No Bid No Bid with pins 7 Crushed Recycled 1,500 cu yds No Bid No Bid No Bid No Bid Concrete Austin Tualer Trucking, Inc. All crushed course limerock is DOT 913 spec. material. All delivered prices are base on full loads, specifically 21 to 23 tons or 18 CY. DELIVERY LOCATIONS: a) Within City limits per direction of City of Delray Beach Construction Division (Rafael Ballestero, Deputy Director of Construction (561) 243-7297, or Harold Bellinger, Supt. Streets and Traffic, Public Works Division, (561) 243-7338. PAGE 1 DELIVERED MATERIAL CITY OF DELRAY BEACH CITY OF DELRAY BEACH ROAD CONTRUCTION MATERIALS CO-OP ANNUAL CONTRACT BID # 2007-47 PICK-UP MATERIAL CITY OF DELRAY BEACH P A: ROAD MATERIALS-ASPHALTS RANGER ITEM ESTIMATED Austin Tupler Community CONSTRUCTION SHAW # DESCRIPTION QUANTITY Truckin ,Inc. As halt Cor INDUSTRIES, INC. TRUCKING 1 Type S-1 Asphalt 400 tons No Bid $75.00 /ton $64.00 lton No Bid 2 Type II Asphalt 1,300 tons No Bid $75.00 /ton $64.00 lton No Bid 3 Type III Asphalt 1,100 tons No Bid $75.00 /ton $64.00 ltOn No Bid 4 Cold Patch Asphalt 500 tons No Bid $95.00 /ton No Bid No Bid 5 RC #70 Tac Oil 3,000 gals No Bid $7.50 /gals No Bid No Bid 6 Permanent Cold Patch 300 tons No Bid $95.00 /ton No Bid No Bid (Ready Road Repair or uivalent Permanent Cold Patch 200 pails No Bid No Bid No Bid No Bid 551b. Pails (60 Ib. bags) 250 bags No Bid $12.00 /ton No Bid No Bid 7795 Hooper road 606 95th Avenue West Palm Beach, FL 33411 Royal Palm Beach, FL 33411 North of Southern Blvd. PICK-UP MATERIAL CITY OF DELRAY BEACH P B: ROAD MATERIALS-NON ASPHALT 1 Crushed Coarse 1,500 tons $11.00 /ton No Bid No Bid No Bid Limerock 2 Pit Run Shell Rock 1,000 tons $11.00 /ton No Bid No Bid No Bid 3 Drainfield Rock 314" 750 tons $16.50 /ton No Bid No Bid No Bid 4 Best Mason Sand 100 tons $16.50 /ton No Bid No Bid No Bid 5 Clean Fill Dirt 250 yards $4.35 /yds No Bid No Bid No Bid 6 Precast Car Bumpers 400 each No Bid No Bid No Bid No Bid with pins 7 Crushed ReoyGed t,80o cu yds No Bid No Bid No Bid No Bid Concrete 8 DOT Crush Rock 1,so0 tons $11.00 /ton No Bid No Bid No Bid non-certified s #57 Rock 300 tons $16.50 /ton No Bid No Bid No Bid Items 1, 2, 3, 4, 5, 8, and 9 from Palm Beach Aggregates 20125 SouUrem Blvd. Loxahalchee, FL 33470 Note: AN crushed limerock is DOT 913 spec. material. 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L "' fem. ~ = Q V N ~ ~ Y O ~ m U U a a' J m ~ fUA W N Q ~ N Q y. Q ~ . Q Z J m U - ~ L ~ ~ ~ m ~ N U N ~ U o .~ o ~ ji ~ v ° W~ W ~ ~ ~ f0 m w ~ o tii o W LL! F Q~~ ~ F- T -- T F- 2 u i U Q a LL~ E U ~ 'a ~ o m a i U a 3 U U ~~ ~ W ° ~ w ° a d W ~ W D ~ ~ ° O ~ o C W to C h n . W LL Q D W it ~ ~ N M ~ W m 0 ~- N (h V D ~ !n a a > w W ~ ~ W ~ ~ w D U t7 D U t7 0~ v rn m a O J W I1. OC w w 0 w m0 m m - a Q w a AGENDA ITEM NUMBER: ~• ~•~ AGENDA REQUEST Request to be placed on: November 06, 2007 Date: October 31, 2007 XX Consent Agenda Speaal Agenda Workshop Agenda Description of agenda item: City Commission is requested to approve award multiple annual contracts for Road Construction Materials to Austin Tupler Trucking Inc., Community Asphalt Corporation and Ranger Construction Industries, Inc. for an estimated annual cost of $350,000.00 for the City of Delray Beach. ORDINANCE/RESOLUTION REQUIRED: YES NO X Draft Attached: YES NO X Recommendation: Staff recommends the multiple awards as outlined above for an estimated annual cost of $350,000.00 for the City of Delray Beach. ~~ Department Head Signature: '~--~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required jo,,n, all items involving expenditure of funds): Funding available: ~ Ye No Funding alternatives: Account Number. (if applicable) Funding from various departments operating expense budgets and capital project accounts for FY 2007-2008. Account Description: Capital Projects 1 Operating Expense Account Balance: City Manager Review: Approved for agenda: es No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORArtnuM TO: Mayor and City Commissioners FROM: David C. James, Fire Chief THROUGH: David T. Hazden, City Manager ~- ~5~~~ DATE: October 26, 2007 SUBJECT: AGENDA ITEM # -REGULAR MEETING OF NOVEMBER 6, 2007 UNIFORM PURCHASE -BUNKER GEAR ITEM BEFORE COMMISSION City Commission is requested to approve the purchase of forty (40) sets of bunker gear which includes the jacket, trouser, suspender, and boots from Bennett Fire Products Company, Inc., a sole source provider, in the amount of $74,632.80 with pricing from the Escambia County, Florida Contract. BACKGROUND Bunker geaz, also known as turnout geaz, is the outer personal protective clothing/equipment worn by firefighters during a fire call or emergency situation. This purchase is to replace worn, torn, and damaged gear that no longer meets industry standards. This bunker geaz is made to custom specification, not a stock item for the manufacturer. The prices for the Globe G-Extreme jacket, trousers, and suspenders aze $1,596.82 each, plus $269 per pair for the Globe 14" Leather boots for a total of $1,865.82 each set. A sole source letter and quotation has been provided for review. Pricing for this purchase is per Escambia County, Florida contract #PD 04-05.90. FUNDING SQURCE Funding is available in the following account #001-2311-522-52.22 (Administration-3 sets); 001- 2313-522-52.22 (Highland Beach-3 sets); 001-2315-526-52.22 (Operations-33 sets); and 001-2317- 522-52.22 (Fire Safety-1 set). RECOMMENDATION Staff recommends Commission approve the purchase of forty (40) sets of bunker geaz (jacket, trouser, suspenders, and boot) in the amount of $1,865.82 per set from Bennett Fire Products Company, Inc. as a sole source provider for the total of $74,632.80. S. R z October 8, 2007 QUOTATION Delray .Beach Fire Rescue Attn: Lt. Steve Press 501 W. Atlantic Avenue Delray Beach, FL 33444 Prices per Escambia County, FL Contract #PD 04-05.90, prices valid until September 30, 2008, Contract valid until October 6, 2008. Globe - 45% Discount from. Manufacturer's Current List Price Globe G-Xtreme jacket, trousers and suspenders per Delray Beach Fire Rescue custom specifications List Price - $2,903.31 Delray Beach Price - $1,596.82 per set Globe #32968-4 G-Xtreme Jacket - $979.00 each Globe #42968-4 G-Xtreme Trousers - $617.82 each Globe 14" Leather Boots $269.00 per pair Delivery: 45-60 days after receipt of order Terms: net 30 days FOB Delray Beach, FL Thanks for giving us the opportunity to serve you. Danny Bennett Bennett Fire Products Co., Inc. Bob Reardon 561/644-5722, bobbyr7575{r~aol.com i-800-991-0520 bennett~lire cnr,att.net = G1nbe~9anufacturingCampany October 8, 2007 Lt. Steve Press Delray Beach Fire Rescue 501 W. Atlantic Avenue Delray Beach, FL 33444 Dear Lt. Press, This letter stands as confirmation that Bennett Fire Products Co., Inc. is our exclusive authorized dealer for the State of Florida and Georgia for Globe Firefighter Suits, Cairns Protective Clothing, Globe Lifeline EMS, LLC and the new Globe Footgear. 2007 marks Globe Manufacturing Company's 120th year as a family owned and operated business engaged in the manufacture of turnout clothing for the fire and rescue industry. We take great pride in the design and construction of our garments and strive to continue to make the best product available on today's market. Bennett Fire Products and Globe Manufacturing Company have been strong partners for many years. By working together, we provide the high quality service that all of our customers expect and deserve. We appreciate your business, and look forward to serving you for the remainder of 2007. Sincerely, GLOBE MANUFACTURING COMPANY Donald D Welch, II President DDW/pab ..~ ...?:!-,it. YC~ f".'(i ~~t., t-`(r7 'r fit.. '?~~~. ~}1 'J '~~i :i 1 . _. " i .. .~ E~~ _ ~~ _ ~~ : i E r~ ~ ._ f ~. . ~' a ~~~ k `'Y ~.t,.a~i g , r~,~ fir:. .,. >~ , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: PATSTY NADAL, SR. BUYER THROUGH: CITY MANAGER -~! n DATE: OCTOBER 22, 2007 SUBJECT: ITEM BEFORE COMMISSION The City Commission is requested to approve a blanket purchase order in the amount of $60,000.00 for the purchase of hot stamped garbage carts, lids and wheels to be ordered "as needed" from Otto Waste Systems as a sole source provider. The blanket purchase will cover a period of 10.01.07 through 09.30.08. BACKGROUND Otto Environmental System was approved on 11.01.2005 by City Commission as a sole source vendor for the purchase of the hot stamped garbage carts that are provided to the citizens of Delray Beach. The sizes of garbage carts required by the City of Delray Beach are 95 gallon @ 50.00 each; 68 gallon @ 46.25 each and 32 gallon @ 40.33 each including lids and wheels per quote dated 10.22.2007. Cost has remained the same as last fiscal year. The carts are ordered shipped in full truckloads ($1,500.00-$1,600.00) for cost savings of freight. Otto Industries, Inc. is the original vendor for the purchase of these carts since their initial "roll-out" in 1996. The carts have forest green body, black lid, rubber tires and hot stamped with City Logo seal and serial numbers. The pricing of the containers remain the same as last year. FUNDING SOURCE Account Code: #433-3711-534-49.35 (Cart Renewal & Replacement) RECOMMENDATION Staff recommends a blanket purchase order in the amount of $60,000.00 for the purchase of the garbage carts with lids and wheels from Otto Waste Systems as a sole source vendor to be ordered "as needed". Attachments: Vendor Quote, dated 10/22.2007 Cc: Joseph Safford, Finance Director OTTO Environmental Systems Go Mary Finn/Southeast Area Mgr. 12700 General Drive (28273) PO Box 410251 Charlotte, NC 28241-0251 Telephone (704) 581-1931 Facsimile (813) 902-6131 October 22, 2007 Ms. Patsy Nadal PHONE: 561-243-7161 c/o City of Delray Beach CELL: 561-351-6882 100 N.W First Avenue EMAIL: nadal@a.delray-beach.fl.us Delray Beach, Florida 33444 RE: PRICING FOR FISCAL 2008 FOR GARBAGE 2-WHEEL ROLL CARTS Dear Patsy, In response to your request for current priang for the City of Delray Beach for your garbage carts, please refer to the pricing submitted below for your consideration and approval: OTTO MSD-95 GALLON "CLASSIC" 2 WHEEL ROLL CARTS $50.OOleach OTTO MSD-65 GALLON 2 WHEEL ROLL CARTS $46.25/each OTTO MSD-35 GALLON 2 WHEEL ROLL CARTS ;40.33/each (Pricing is quoted in full truckload quantities, and does not include shipping. Ap prices are FOB: Charlotte, N.C.) Patsy, while the pricing for the containers hasn't changed for Delray, we are still reliant on the shipments being transported through third party carriers. Currently, the rate for a full truckload is approximately $15-1600.00. I know you will want this figure in your budgeting process as well. Please let me know if you need anything else, and we certainly appreciate the long-standing relationship that Otto has experienced with the City of Delray Beach. We thank you for your business. Sincerely, al`lat~ ~t~. Mary Finn Southeast Area Manager Cc: Gary Hallen/0tto AGENDA ITEM NUMBER: U • ~ . A~E,~DA Rr~Q~IF~T Request to be placed on: November 06, 2007 Date: October 22, 2007 ~C Consent Agenda Spedal Agenda Workshop Agenda Description of agenda item: The City Commission is requested to approve a blanket purchase order in the amount of 560,000.00 for the purchase of hot stamped garbage carts, lids and wheels to be ordered "as need from Otto Waste Systems as a sole source provider. The blanket purchase will cover a period of 10.01.07 through 09.30.08. ORDINANCE/RESOLUTION REQUIRED: YES NO X Draft Attached: YES NO X Recommendation: Staff recommends a blanket purchase order in the amount of 560,000.00 for the purchase of garbage carts with lids and wheels to be ordered "as needed" from Otto Waste Systems as a sole source purchase. Funding from account code: 433-3711-534-49.35 ~.__~ Depardrrent Head Signalur~e: ~ Determination of Consistency with Compr+eherrsive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (n3quin3d on all \ite~ms involving expenditure of funds): Funding available:~:~" ~~ ~`'' No Funding alternatives: Account Number. 433-3711-534-49.35 Account Description: CART RENEWAL & REPLACEMENT Account Balance: City AAanager Review: Approved foragenda: /~Ire~ No Hold Until: `/ Agenda Coordinator Review: Received: Cd applicable) Action: Approved Disapproved MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: PATSY NADAL, SR BUYER THROUGH: CITY MANAGER DATE: OCTOBER 12, 2007Q p /~ SUBJECT: AGENDA ITEM # V • I~• ? -REGULAR MEETING OF NOVEMBER 06, 2007 SODIUM AND CALCIUM HYPOCHLORITE BLANKET PURCHASE ORDER ITEM BEFORE COMMISSION The City Commission is requested to approve a blanket purchase order valid from 10/01/2007 thru 09/30/2008 in the amount of $56,750.00 for the purchase and delivery of Sodium Hypochlorite to four (4) locations in small quantities due to truck accessibility and Calcium Hypochlorite 3" PPG tablets from Poolsure of South Florida. The vendor has stated via email that the pricing shall remain the same as last year. Chlorine @ $1.30 per gallon and 3" tablets ~ $118.00 per 50 pound bucket. BACKGROUND Sodium Hypochlorite is used as a disinfectant/antimicrobial agent. Currently the City purchases this product from Allied Universal Corporation in bulk tanker loads for other locations. Gulfstream, lift stations #50, 80, and Owens Baker required quantities of 500 gallons and 1,000 gallons and cannot accommodate a tanker size truck. Allied will only deliver in tanker quantities. PPG Calcium Hypochlorite is a dry form 3" tablet of chlorine that is efficient and easy to use. In solution with water, it is used as a general disinfectant to destroy bacteria, algae, slime, fungi and other microorganisms in the sewage systems. Delivery for this product has a 1,320 pound maximum size at the location. This is considered a small order for delivery. FUNDING SOURCE Account Code: 441-5123-536-52.21 (Operating Supplies/Chemicals) RECOMMENDATION Staff recommends a blanket purchase order for the purchase of Sodium Hypochlorite and Calcium Hypochlorite "as needed" from Poolsure of South Florida for an estimated annual cost of $56,750.00. Attachments: Vendor Pricing Conformation, Dated 10/03/2007 Cc: Joseph Safford, Finance Director Page 1 of 1 From: mbrandt479t~aol.com Sent: Wednesday, October 03, 2007 3:30 PM To: Solomon, Scott Cc: mviau@poolsure.com; Mlevine393r~aol.com Subject: Poolsure of South Florida priceing far 2007-08 Scott- Please accept this email as confirmation that our priang for 2007-2008 shall remain the same. Chlorine will remain at $1.30 per gallon and 3" tabs shall be $118.00 per 501b bucket. Also, per your request we have been delivering chlorine for the following municipalities and governmental agencies: Broward Environmental Broward School District City of Orlando Ciiy of Jacksonville YMCA's thoughout Palm Beach, Broward and Dade Counties. Mitchell D. Brandt Poolsure 4800 N. Federal Highway Suite 1006 Boca Raton, FI 33431 561-289-8541 See what's new at AOL.com and Make AOL Your Homeaage. file://C:\Documents and Settings\nadallLocal Settings\Temporary Internet Files\OLK68\I'o... 10/4/2007 AGENDA ITEM NUMBER: "''`' AGENDA REQUEST Request to be placed on: November 06, 2007 Date: October 12, 2007 XX Consent Agenda Special Agenda Workshop Agenda Description of agenda item: The City Commission is requested to approve a blanket purchase order valid from 10/01/2007 thru 09/30/2008 in the amount of $56,750.00 for the purchase and delivery of Sodium Hypochlorite to four (4) locations in small quantities due to truck accessibility and Calcium Hypochlorite 3" PPG tablets from Poolsure of South Florida. The vendor has stated via email that the pricing shall remain the same as last year. Chlorine @ $1.30 per gallon and 3" tablets @ $118.00 per 50 pound bucket. ORDINANCEJRESOLUTION REQUIRED: Draft Attached YES NO X YES NO Recommendation: Staff recommends a blanket purchase order for the purchase of Sodium Hypochlorite and Calcium Hypochlorite "as needed" from Poolsure of South Florida for an estimated annual cost of $56,750.00. 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: es X ~ No Funding alternatives: Account Number. 441-5123-536-5221 Account Description: OPERATING SUPPLIES /CHEMICALS Account Balance: $ 56,750.00 City Manager Review: Approved for agenda: ~ No Hold Until: Agenda Coordinator Review: {if applicable} Received: Action: Approved Disapproved MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: PATSY NADAL, SR. BUYER THROUGH: CITY MANAGER ~~ ~5,~-~u,~+G~l DATE: OCTOBER 24, 2007 SUBJECT: AGENDA ITEM # V• 11•~ -REGULAR MEETING OF NOVEMBER 06, 2007 FERRIC CHLORIDE BLANKET PURCHASE ORDER ITEM BEFORE COMMISSION City Commission is requested to approve PVS Technologies Inc. as a preferred vendor for the purchase of liquid and dry Ferric Chloride in the amount of $210,000.00. This agenda award will be for the remainder of 2007 through September 30, 2008, purchased "as needed". BACKGROUND Ferric Chloride is needed to reduce organic properties in treated water. In 2005, an ongoing experiment had been completed by the Water Treatment Plant for the use of ferric chloride purchased from PVS Technologies and this process was a success. The estimated annual usage for the City of Delray Beach is 374 dry tons (252,8001bs. for a full year). PVS has submitted a quotation dated October 24, 2007 for the unit price of $0.983 per pound or $676 per dry ton for the remainder of 2007 and $.990 per pound or $681 per dry ton valid from January O1, 2008 through September 30, 2008, at which time PVS Technologies will issue another firm pricing in accordance with market price value. Currently there aze two actual manufacturers of ferric chloride solution of drinking water grade quality. PVS Technologies and Kemira Water Technologies both manufacture ferric chloride solutions suitable for potable water treatment. PVS Technologies has four manufacturing plants that make this grade of material and Kemira has two. PVS Technologies manufactures the City's ferric chloride in Augusta, Georgia. The closest Kemira plant to Delray Beach making femc chloride is in St. Louis, MO and the other plant is in California. The manufacturing process and raw materials used aze similar. Pricing is also comparable with the exception of the additional freight from the Midwest or the West Coast. It is not uncommon for plants to experience manufacturing difficulties and shutdowns. PVS Technologies' plants can easily cover for each other should there be a manufacturing issue in Georgia. This ability to provide product is very important due to the significant role that ferric chloride plays in the City's process. Due to the very high charge density and relatively high molecular weight, the ferric chloride coagulant works extremely well in the City's facilities that have organic removal or color issues. This has been proven to be a very effective and cost conserving way to meet the disinfection by products standards. AGENDA ITEM NUMBER: V • / AGENDA REQUEST Request to be placed on: November 06, 2007 Date: October 26, 2007 XX Consent Agenda Special Agenda Workshop Agenda Description of agenda item: City Commission is requested to approve PVS Technologies Inc. as a preferred vendor for the purchase of Ferric Chloride, liquid and dry in the amount of $210,000.00. This agenda award will be for the remainder of 2007 through September 30, 2008, purchased "as needed". ORDINANCEIRESOLUTION REQUIRED Draft Attached: YES NO X YES NO X Recommendation: Staff recommends award to PVS Technologies for the purchase of ferric chloride from PVS Technologies Inc. at $.983 per pound or $676 per dry ton for the remainder of 2007 and at the cost $.990 per pound or $681 per dry ton from January O1, 2008 through September 30, 2008 to be purchased "as needed" per quote dated October 24, 2007. c~~ 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 S No Funding aftematives: Account Number: 441-5122-536-52.21 Account Description: OPERATING SUPPLIES /CHEMICALS Account Balance: $916,848.42 City Manager Review: Approved for agenda: Yes -~cl~ No Hold Until: Agenda Coordinator Review: Received: (if applicable) Action: Approved Disapproved MEMORANDUM TO: Mayor and City Commissioners FROM: Patsy Nadal, Sr. Buyer THROUGH: CITY MANAGER ~~ ~c~s s-~r~rt-C-M DATE: October 26, 2007 SUBJECT: AGENDA ITEM #~1•~1QREGULAR MEETING OF NOVEMBER 6, 2007 PURCHASE AWARD TO PRAXAIR, INC. ITEM BEFORE COMMISSION City Commission is requested to approve Praxair, Inc. as a sole source vendor for the purchase and delivery of Liquid Cazbon Dioxide (Co2) at an estimated cost of $60,000. This agenda award will be from October 2007 through September 30, 2008. BACKGROUND A quote was received from Praxair, Inc. for the City of Delray Beach for the purchase & delivery of Liquid Cazbon Dioxide (Co2) at $114.35 per ton from October 26, 2007 through December 31, 2007, $120.56 per ton from January O1, 2008 through June 2008 and $125.00 per ton July O1, 2008 through September 30, 2008 per email quote dated October 26, 2007. Praxair, Inc. is considered a sole source vendor for this Cot because the Ciry has their tanks in place at the Water Treatment Plant. FUNDING SOURCE Account Code: 441-5122-536-52.21 (Operating Supplies /Chemicals) RECOMMENDATION Staff recommends purchase award to Praxair, Inc. for furnishing and delivery of Liquid Cazbon Dioxide for the Water Treatment Plant at an estimated cost of $60,000. cc Joseph Safford, Finance Director Page 1 of 1 From: Luis_A_Perez@praxair.com Sent: Friday, October 26, 2007 2:52 PM To: Nadal, Patsy Subject: Carbon Dioxide Pricing Patsy, Confirming our telephone conversation, Praxair will extend the existing agreement until September 30, 2008 with the following pricing structure: October 26, 2007 -December 31, 2007: $114.435 /ton January 1, 2008 -June 30, 2008: $120.560 /ton July 1, 2008 -September 30, 2008: $125.00 /ton Our costs have risen dramatically in fuel, source product and labor. Carbon dioxide is also in very high demand and there has been no new supply or plants being buiR driving up the cost. Please furnish a Purchase Order and mail to: Praxair, tnc. 900 West Park Drive Suite 100 Peachtree City, GA 30269 We appreciate your business and would like to continue to furnish you with highest level of service that you have been accustomed to. Sincerely, Lou Perez Sr. Account Manager Phone: 321-697-0092 Fax: 321-697-0094 Cell: 407-256-3075 This e-mail inelading any attadtneents, is inturded so4./y for the person or enAdy to which it is addressed and may eontain confrdentra>; proprietary and/or non- pabGc material Except as stated above, any review, re~bansmission, dissemination or otker ase of, or taking of any adian in reGanee upon this information by persons or entities other then an intended recipient is prohibited If you receive this in error, please so notify the sender and delete the material from eny media and destroy any printoats or copies. file://C:\Documents and Settings\nadal\Desktop\Commission Agenda Items\Carbon Dioxi... 11/2/2007 AGENDA ITEM NUMBER: AGENDA REQUEST S.R.b Request to be placed on: November 06, 2007 Date: October 26, 2007 XX Consent Agenda Special Agenda Workshop Agenda Description of agenda item: The City Commission is requested to approve Praxair, Inc. as a sole source vendor for the purchase and delivery of Liquid Carbon Dioxide (Co2) at an estimated cost of $60,000. This agenda award will be from October 2007 through September 30, 2008. ORDINANCE/RESOLUTION REQUIRED: Draft Attached: YES NO X YES NO X Recommendation: Purchasing staff recommends award to Praxair, Inc. for furnishing and delivery of Liquid Carbon Dioxide for the Water Treatment Plant at an estimated cost of $60,000. Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation {if applicable): Budget Director Review (required on all items,in~~vo~lvin~g expenditure of funds): Funding available: es ~"`"N"o Funding alternatives: (if applicable) Account Number. 441-5122-536-52.21 , -l Account Description: OPERATING SUPPLIES /CHEMICALS W(~~r ~ <~'~G-(r Account Balance: $ 921,650.86 ~J ~'1, ~ ~~• ~O 0~ `~ `~/~/~~ City Manager Review: Approved for agenda. Ye No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM TO: Mayor and City Commissioneas THRU: David T. Harden, City Manager Richard C. Hasko, Environmental Sernces Director FROM: Begofia ICrane, Engineer ~JK' SUBJECT: AGENDA ITEM - CTTI' COMMISSION MEETING OF NOVEMBER 6, 2007 Pomuey Park Maior League Field # 1 PROJECT# 2007-018 DATE: November 1, 2007 ITEM BEFORE THE COMMISSION This item is before the Commission to approve a contract with Briggs Golf Construction, Inc. for the reconstruction of the Pompey Park Major League Field number 1 in the amount of $96,7$0.00 (attached is a complete Bid Tab). The scope of work includes reconstruction of field number 1. Construction will include regrading the infield and outfield, as well as sodding the infield and outfield. BACKGROUND The project involves the reconstruction of field number i at Pompey Park. Project scope includes regrading, and re-sodding, of the entire field. Engineering and Parks and Recreation staffs have reviewed the submittals and concluded with the recommendation to award the contract to Briggs Golf Construction, Inc. in the amount of $96,7$0.00. Attached are the bid tab and location map. FUNDING SOURCE Funding is available from 334-4127-572-63.90. RECOMMENDATION Staff recommends approval of the contract award to Briggs Golf Construction, Inc for the Pompey Park Major League Field #1 Project. cc: Agmdn File i I/06!07 File 2007-018 (E) 8~ ~~ 2 'O V ,F,^ Y/ Z W aY a a a T R ^' 0 N O 2 V W O a Z O O m . 8 8 8 8 8 88, 8 : ~] ~6 p• 8 8 8 8 8 O e0 ~ Tf O NI N~ C .. w f: ~; ~ pN N ~ N N N ~ H ~ . ~~ G O O N 8 O O~ ~~ ~ + NN QQp y ~ ~ H N ~ N r ` 3 4 ~ pp NN N ~ N N H p p p p Q 8 n ETf Q R O O ~~ ~ w~ e Q 8 M ~ 0. ~ ~ y N P y ; ~ . yp O M ~ [~ '. ... h ~ O~ of N E ^ ~ H •0E N V/ N $8$888 $°~~_ u ~{~1,{ " rtt V Q P r O~ ~Sy 8~ N HOOOH H H N ~ y Z ~ ;-ar. ` ~, ~.,,. ! ~a?~ 8 $8<588,. ~ ~ $ ;'` r ~ ~ Ml ri H ~L W ~yY, '; '~' C C ewes ~ , M h V1 ~~ s t ~ , s $g888oox: O ~ n' h t+1 H y W ~ 69 i9 M ~i O O 8 8 8 1p~ bN p '~ p 8 O y ~ ESE Vl " O O ~`' V ~ H H H ~ j. N '~ ~ QQa ... O .. 3!I I c oGGO p O .;. h ~t d j ~ `~ ~ aii m ~ ~ vri ,~ '~ ~ .. d _ ~ - <q amt 8 ~ ~ ~~ ~ y> o: ~ ~ ~ ° - a; Q N M T N ~G h: ! 00 w .[ 0. .~D a e ~v A Lam` .~ v' ;O .O Date: November, 200? ~FV_ ~>.. Request to be placed on: AGENDA ITEM NUMBER: AGENDA REt~?UEST Consent Agenda -Regular Agenda -.Workshop Agenda _Special Agenda When: 6 November. 2007 Description of Agenda Item (who, what, where, how much): Request for Commission approve a contract with Briggs Golf Construction, Inc. for the reconstruction of the Pompey Park Major League Field number 1 in the amount of $96,780.00. The scope of work includes reconstruction of field number 1. Construction will include regrading the infield and outfield, as well as sodding the infield and outfield. Recommendation: Staff recommends approval of a Contract in the amount of $96,780AOto with Briggs Golf Construction for the P y Par 'or Le ld #1 Project #2007-018. Department Head Signature: ~ - h' / - o City Attorney Review/Recammeadation {if applicable): Budget Director Review (required on aA items involving expenditure of funds): Funding Available: Yes No Initials: ~ Yes Description Above n ,p Account Balance: _-- N/A 't'~Z ~i ~~ u~~- ~~~,~~ ~~6~~~~~t' .~j'07~'`~ ~~,d1 y,CGl:I~ Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: jYe~~l No Initials: Hold Until: Agenda Coordinator Review: Received: S:\EngAdmin\Projecte\2007\2007-018\OFFICIAL\agenda request.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: SHARON L'HERROU, ADMINISTRATIVE OFFICER THROUGH: CITY MANAGER DATE: October 26, 2007 SUBJECT: AGENDA ITEM #~•` •D REGULAR MEETING OF NOV. 6, 2007, WEAPONS MOUNTED LIGHTING SYSTEM ITEM BEFORE COMMISSION The Delray Beach Police Department (DBPD) requests approval for the purchase of a weapons mounted lighting system for officer firearms as well as ammunition for officers to complete qualification requirements for use of the new system. BACKGROUND The weapons mounted light system increases officer safety, improves target identification, and reduces the City's risk of liability. The weapon mounted light is not a substitute for the issued flashlight but is an enhancement for the officer when faced with a low light situation that requires the use of the firearm. The system allows for the combination draw of both the flashlight and firearm as one unit. Quotes for the lighting system were obtained and a comparison spreadsheet is attached. The ammunition purchase pricing is taken from the state bid, and the ammunition vendor was selected based on the ability to deliver in the most timely fashion. Below is a summary of the expenses: Vendor: Special Products Group Weapons Light TLR- 170 units: $13,703.70 Weapons Light TLR-2- 4 units: $879.80 (units with lasers for instructor use) Holsters: 170: $11,891.50 (new holsters are required as weapons with the holsters). Batteries: $2,760 Door Switch and assembly $1,880.55 (to convert 35 existing weapons) Special Products price total: $31,115.55 Vendor: Precision Ammunition 50 cases of 40 S&W at $253.76/ case for a total of $12,688. Total cost for the weapons mounted lighting system is: $43,803.55. light mount will not fit in current FUNDING SOURCE This purchase has been approved in the Capital Improvement Program budget, account # 334-2111-521-52.20 (pending budget transfer). RECOMMENDATION The Police Department recommends approval of the weapons light system purchase from Special Products Group and the ammunition purchase from Precision Ammunition. E m ~ N N ~ C ~ N ~+ ~ O r T C ~ N a~ ~ o 0 ~v m C ~ o ~ o0 ~a`~ 3 ~ ~ m a v 0 ~ NN (A t C~ Q ~ ~ ~ ' d4 N b9 ~ ~ O •r ~~C> d ~ NOniN ~ C. O ~ ~ V m C tE> !0 N a c~ :.. a O ~ oNO ~ aMO c 3 CO ~ OD ~P N tfj ~ .- Cp" w C r ~ r N ~~ W 3 e o J p O pp O O O O 00 ° oc ~ $ o r ~rn c~ ~~ ~ N ~ . - C EA 69 !A ~ a E F- E ~G°D pp ~Q oo NM h 4 O ~ O 1 A ~ ~ ~ ~ tQ p OQ ~f ~ O ~ O Op Q ~ 0 0 !~ C 0 W YJ ~ i0 ~ d ~~ , N h r ~ N ~ ~ 69 Y ! ` e ` y ~ ~ vs a, rs v~ O ~ O $ MM ~ i+ e- ~ N 7 d p p _ +=. ~, ~ eF O ~ O ' Q Q N +.. ~ ~ : ~ ~ U N O : ~ ~ ~ 'G O~ m = '~ ~ ~ m~ ~ ~cW ° a`~a 3 ~tn m ter- c ~~ L .1 J H ~ M x CO ~ y ~ O ~. ~~ L O~ LL ~ JL' ~ ~:. ~~O O O ~D1- ~ ~ G. tq ~ Q~ U ,C U ~W ~(~ J~ ~}? N ~ m C 4 _ c •r ~ M o o o E E ~ a ° y ~ o c c ~ ~ ~ W ~ ~~N ~~~ o ~$~ ~" z .~ ~~~ z ~cn m ~, ~, m ~ DELRAY BEACH POLICE DEPARTMENT MEMORANDUM TO: Sharon L"Herrou, Administrative Officer FROM: Officer E. Aronowitz Training Section DATE: November 1, 2007 SUBJECT: JUSTIFICATION FOR WEAPON MOUNTED LIGHT SYSTEMS As we discussed, the following is additional justification and detailed descriptions for the materials requested: Weaaon Mounted lights ~ Holsters: As stated in the 2008 budget, the weapon mounted light system increases officer safety and target identification. The weapon mounted light is not a substitute for the issues flashlight but is an enhancement for the officer when faced with a low light situation that requires the use of his firearm. The system allows for the combination draw of both the flashlight and firearm as one unit. The specific holster is designed to provide enhanced levels of safety and security protecting both the officer and the weapon. Batteries: The light operates from (2) 123a batteries. These batteries provide approximately 30 minutes of constant use. The batteries have a long shelf life. Each officer will be issued an additional 12 batteries. Additional batteries are needed for replacements and training. Ammunition• Additional ammunition is needed to transition the officers to the new holster and system. The officers will also need to qualify to agency standards with the new holster and system. The additional ammunition required is in addition to the requested amount for use during 2007-2008 budgeted year. Battery Door Switch Assembly ~ Pressure switches: These additional covers are required to operate the light utilizing a pressure switch. The assemblies would be utilized with certain advanced weapon systems currently issued, (i.e. patrol rifle, SWAT weapons, chemical agent launchers etc) If you have any additional questions regarding this matter, please contact me at your convenience. Serving with P.R.I.D.E. S~G~~~ Special Products Group Special Products Group 2023 Corporate Drive QUOTATION Boynton Beach, FL 33426 Delray Beach Police Department (561) 732-0360 300 West Atlantic Avenue Delray Beach, FL 33444 ATTN: Eric Aronowitz Phone: 561-243-7875 Cell: 561-441-0274 Email: aronowitCc~ci.delrav-beach.fl.us In response to your inquiry, please consider the following proposal: Terms: Net 30 Delivery: «» Salesperson: Store Date: October 16, 2007 tau, ~ co~nac~v~crr ~~a C ~ STYLE # DESCRIPTION 4TY UNIT PRICE EXTENDED EXPIRES 69110 Streamlight TLR-1 170 $80.61 $13,703.70 11!30/2007 69120 Streamlight TLR-2 4 $219.95 $879.80 11/30/2007 TOTAL: 514,583.50 ARMOR -Concealment + Tactical: ABA, Safariland, Protech, Savvy,Second Chance, UNIFORMS: 5.11 Tactical, Fechheimer, Southeastern, Liberty,and more. LESS THAN LETHAL PRODUCTS:: Combined Tactical Systems (CTS} EQUIPMENT: Duty Gear, Boots, Flashlights, Badges, Rainwear, Gloves, Badge Wallets, and MORE! EMBROIDERY: Our expert staff can enhance your Jackets, Polo Shirts, Uniform Shirts, etc. vvvvw.s ecial roducts rou .corn PRICES ARE VALID ONLY FOR ONE ORDER OF QUANTITY STATED & SHIPPED TO ONE LOCATION Due to Credit Card Fees, Special Products Group does not accept credit card payments for invoices generated by bids, quotes, or contracts in excess of two hundred dollars. Facceptions to this policy must be authorized in writing on an individual basis by SPG. All quotes shall be subject to acceptance by Special Products Group at Boynton Beach Principle Office. 5~,~~ Special Products Group Special Products Group 2023 Corporate Drive QUOTATION Boynton Beach, FL 33426 Delray Beach Police Department {561) 732-0360 300 West Atlantic Avenue Delray Beach, FL 33444 ATTN: Eric Aronowitz Phone: 561-243-7875 Cell: 561-441-0274 Email: aronowitCaDci.delrav-beach.fl.us In response to your inquiry, please consider the following proposal: Terms: Net 30 Delivery: «» Salesperson: Store Date: October 16, 2007 ~~,a C ~. SME # DESCRIPTION QTY UNIT PRICE EXTENDED EXPIRES 6360 Safariland ALS 6360 Holster 170 $69.95 $11,891.50 11/30/2007 w/hood and for TLR-1 weapon mounted light; STX Tactical Finish: for Glock 22/23 SPECIAL OFFER: SPG will provide 170 Safariland Black Long Sleeve Mock Turtleneck shirts, in your choice of sizes (M - 2XL)....these shirts have a retail value of;36.00 eachl TOTAL: $11,891.50 ARMOR -Concealment + Tactical: ABA, Safarifand, Protech, Savvy,Second Chance, UNIFORMS: 5.11 Tactical, Fechheimer, Southeastern, Liberty,and more. LESS THAN LETHAL PRODUCTS:: Combined Tactical Systems {GTS) EQUIPMENT: Duty Gear, Boots, Flashlights, Badges, Rainwear, Gloves, Badge Wallets, and MORE! EMBROIDERY: Our expert staff can enhance your Jackets, Polo Shirts, Uniform Shirts, etc. www.s ecial roduct rou .corn PRICES ARE VALID ONLY FOR ONE ORDER OF QUANTITY STATED 8~ SHIPPED TO ONE LOCATION Due to Cred'R Card Fees, Special Products Group does ru>t accept cred'R card payments for invoices generated by bids, quotes, or contracts in excess of two hundred dol~rs. Exceptions to this policy must be authorized in vvri6ng on an individual basis by SPG. AN quotes shall be subject to acceptance by S I Products Grou at Boynton Beach Principle Office. S~G~'~ Special Products Group Special Products Group 2023 Corporate Drive QUOTATION Boynton Beach, FL 33426 Delray Beach Police Department 1561) 732-0360 300 West Atlantic Avenue Delray Beach, FL 33444 ATTN: Eric Aronowitz Phone: 561-243-7875 Cell: 561-441-0274 Email: aronowitCcDci.delrav-beach.fl.us In response to your inquiry, please consider the following proposal: Terms: Net 30 Delivery: «» Salesperson: Store Date: October 23, 2007 co~r~.c~iiati.®n', ~~a C ~. STYLE # DESCRIPTION QTY UNIT PRICE EXTENDED EXPIRES 85179 Streamlight Lithium Batteries 6 $460.00 $2,760.00 12/31/2007 CR123A 3 Volt 400 Pack Note: 1. Net price is $1.15 per battery. 2. Shipping is included in this price! TOTAL: $2,760.00 ARMOR -Concealment + Tactical: ABA, Safariland, Protech, Savvy,Second Chance, UNIFORMS: 5.11 Tactical, Fechheimer, Southeastern, Liberty,and more. LESS THAN LETHAL PRODUCTS:: Combined Tactical Systems (CTS} EQUIPMENT: Duty Gear, Boots, Flashlights, Badges, Rainwear, Gloves, Badge Wallets, and MORE! EMBROIDERY: Our expert staff can enhance your Jackets, Polo Shirts, Uniform Shirts, etc. www.s ecial roduct rou .com PRICES ARE VALID ONLY FOR ONE ORDER OF QUANTITY STATED 8< SHIPPED TO ONE LOCATION Due to Credit Card Fees, Special Products Group does not accept credo card paymer>ts for invoices generated by bids, quotes, or contracts in excess of two hundred dollars. F~cceptions to this policy must be authorized in wrRing on an individual basis by SPG. All quotes shall be sub'ect to nce by S ial Products Group at Boynton 13~ch Principle Office. 5?G-~` Special Products Group Special Products Group 2023 Corporate Drive QUOTATION Boynton Beach, FL 33426 Delray Beach Police Department (561) 732-0360 300 West Atlantic Avenue Delray Beach, FL 33444 ATTN: Eric Aronowitz Phone: 561-243-7875 Cell: 561-441-0274 Emait: aronowitCa~ci.delray-beach.fl.us In response to your inquiry, please consider the following proposal Terms: Net 30 Delivery: «» Salesperson: Store Date: October 23, 2007 ~~air~, ~' ~aa, com~ic~ni~c~ ~eaya C ~ ~~ ~ STYLE # DESCRIPTION QTY UNIT PRICE EXTENDED EXPIRES 69130 Streamlight TLR Remote Door/ 35 $28.75 $1,006.25 12/31/2007 Switch Assembly 69132 Streamlight TLR Remote Tape 35 $24.98 $874.30 12/31/2007 Switch Note: Shipping is included in this price! TOTAL: $1,880.55 ARMOR -Concealment + Tactical: ABA, Safariland, Protech, Savvy,Second Chance, UNIFORMS: 5.11 Tactical, Fechheimer, Southeastern, Liberty,and more. LESS THAN LETHAL PRODUCTS:: Combined Tactical Systems (CTS) EQUIPMENT: Duty Gear, Boots, Flashlights, Badges, Rainwear, Gloves, Badge Wallets, and MORE! EMBROIDERY: Our expert staff can enhance your Jackets, Polo Shirts, Uniform Shirts, etc. www.s ecial roducts rou .corn PRICES ARE VALID ONLY FOR ONE ORDER OF QUANTITY STATED & SHIPPED TO ONE LOCATION Due to Credit Card Fees, Special Products Group does not accept credit card payments for invoices generated by bids, quotes, or contracts in excess of two hundred dollars. Exceptions to this policy must be authorized in writing on an individual basis by SPG. All quotes shall be subject to acceptance by Special Products Group at Boynton Beach Principle Office. TY C Effective January 1, 2007 . r,-- r.~:, ~ - FIREFRANGIBLEA PLATED L.EAD~FREE FRANG6L E OKI FOR STEEL TARGET TRAINING Ca06er YVe1gM 'type Item~Code Description 500 Rounds 1000 Rounds 9mm Luger 10Dgr FP STD - 501Box PF9 500 Round Case $119.83 $239.66 40 S8W 125gr FP STD - SO/Box PF40 500 Round Case $126.88 $253.76 357 Sig 110gr FP STD - 50/box PF357S 500 Round Case $148.54 $297.08 45 Auto 155gr FP STD - 5018ox PF45 500 Round Case $144.75 $289.50 ~ ~~1~ ~~~ NorrToxic Frangible Ammunition COPPER~ATRUC NTF'r NON TOXIC FRANGIBLE OKI FOR 8TEEL TARGET TRAINING Caliber Hem~Cods Deacripflon 500 Rounds 1000 Rounds 9mm Luger 75gr NTF STD - 5018ox CAA9 500 Round Case $119.83 $239.66 38 Special 85gr NTF STD - 50lBox CM38 500 Round Case $140.98 $281.96 ~$NIYy„+:•. a 115pc NxF STD _ 5018ox CNFIQ 500 Round Cass $128.88 .. .':.'.p 357 Sig 85gr NTF STD - 50/Box CM357S 500 Round Case $148.54 $297.08 45 Auto 145gr NTF STD - SOIBox CM45 500 Round Case $144.75 $289.50 .223 Rifle 40gr NTF STD - 501Box CM223 500 Round Case $190.25 $380.50 CsNber Ibnf~Code DesetiPllort 20 Rounds 200 Rounds .308 Rifle 120gr NTF STD - ZO/Box CM308 200 Round Case $17.02 $170.20 CsMber IIwn~Cods 5 Rounds P00 Rounds Shotgun Slug 325gr NTF STD - S/Box CMSLUG 200 Round Case $3.40 $136.00 TERMS: Net 30 days with agency purchase order. FREIGHT: FREE on all case orders. Mlnlmum of one case. ~~0~ ~ ~~ 3 . ~ oG~ x 6 r ~~,tiJ~ ~ia,G88oa Precision~~~ mmunitlon~~ October 23, 2007 Delray Beach Police Department 300 W Atlantic Ave Delray Beach, FL 33444 Attn: Eric Aronowitz RE: Lead-Free Frangible Ammunition On behalf of our team at Precision Ammunition, LLC, we would like to sincerely thank you for requesting information on our Lead-Free Frangible Ammunition. Your requested quote as followed: Caliber Quantity Price Per 1,000 Total 40CM NTF Lead Free 50,000 $253.76 $12,688.00 Total =$12,688.00 Estimated time of delivery will be on or before 30 days from the time PO is received. Precision Ammunition is sole source for Copper Matrix NTF ammunition. Pricing includes shipping If you have any question please give me a call. Sincerely, Melissa Rutzebeck Sales Manager 6402 E. Diana Street, Tampa, FL 33610 • Phone: (813) 626-0077 • Fax: (813) 626-0078 • Toll Free: (888) 393-0684 Page 1 of 1 Aronowitz, Eric From: Melissa Rutzebeck [melissarLc~' precisionammo.com] Sent: Thursday, October 18, 2007 10:31 AM To: Aronowitz, Eric Subject: Precision Ammunition Info Attachments: PA Florida State Pricing 2007.pdf; CM_Brochure_Low.pdf On behalf of our team at Precision Ammunition, we would like to sincerely thank you for requesting information on our Lead-Free Frangible Ammunition. We are delighted with the overvvhelming interest in our Copper-Matrix NTFT" Non-Toxic Frangible Ammunition and we are excited to share with you its advantages over regular ball ammunition. • Superior frangibility against hard targets • Functions in all weapons • Eliminates ricochet and backsplash • Performance and recoil similar to duty loads • Minimizes wear on range equipment Military and Police personnel face hazards every day and should not be subjected to the additional risks of splash back, ricochet, or airborne toxic materials. Our only business is manufacturing accurate and reliable frangible ammunition that reduces the dangers of training. Attached is our brochure and price sheet for our Copper-Matrix NTFT''~ ammunition. Please let us know if you would like additional product information. We look forward to working with you in the future. Thank you for your time, Melissa Rutzebeck Snlss Manngsr Precision Atninunition, L.LC www. precisionatrWno. corn '5402 E. Diana Street Tornpn, FL 33569 Offics:888-393-0694 Cell: 813-376-3348 Fnx: 813-626-0078 10/23/2007 Date: 10/26/07 AGENDA ITEM NUMBER: ~ j~ AGENDA REQUEST Request to be placed on: X Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda When: November 6, 2007 Description of agenda item (who, what, where, how much): The Delray Beach Police Department (DBPD) requests approval for the purchase of a weapons mounted lighting system for officer firearms as well as ammunition for officers to complete qualifications for the new system. The ammunition purchase pricing is taken from the state bid, and the ammunition vendor was selected based on the ability to deliver in the most timely fashion. The cost for the weapons lighting system from Special Products Group is $31,115.55 and the cost of ammunition from Precision Ammunition is $12,688, for a total cost of $43,803.55. Department Head ~1 Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Ye / No Initials: Account Number(s): -2111-521-52.20 (pending transfer from #64.90) Description: Weapons Mounted Lighting System Account Balance: $45,000 budgeted for this project in CII' Funding Alternatives: N/A (if applicable) City Manager Review: Approved for Agenda: ~/ No Initials: Hold Until: Agenda Coordinator Review: Received: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: SCOTT ARONSON, PARKING MANAGEMENT SPECIALIST THROUGH: RICHARD HASKO, P.E., DIRECTOR OF ENVIRONMENTAL SERVICES DAVID T. HARDEN, CITY MANAGER ~ ~ss~~t C/~ DATE: OCTOBER 31, 2007 n SUBJECT: AGENDA ITEM # ~ • ~ . "I REGULAR MEETING NOVEMBER 6.21 PARKING METERS ITEM BEFORE COMMISSION The item before the City Commission is that of awarding Invitation to Bid # 2007-51 for the purchase of 250 electronic single head meters to POM Incorporated and the purchase and installation of 15 multi-space parking meters to Digital Payment Technologies. BACKGROUND Invitation to Bid 2007-51, advertised on Sunday, September 2, 2007, requested proposals for the purchase and installation of parking meters east of the Intracoastal Waterway (ICW). The bid was crafted in replacement of RFP 2006-15 for the purchase and installation of Pay 8 Display Parking meters to replace all parking meters east of the ICW. RFP 2006-15 was rescinded, per City Commission, to address concerns by the Parking Enforcement Specialists citing encumbrances in enforcement requiring them to walk the length of Ocean Boulevard to observe receipts on dashboards to ensure payment. At its meeting of October 24, 2007 the review committee unanimously recommended awarding the bid to two (2) companies. As the lowest bidder for the single head electronic meters POM, Inc. was selected for the purchase of the electronic single head meters, at a cost of $93,492.50, based on their price, compliant response to the bid and the City's experience with the product. The City started using POM meters approximately two (2) years ago to replace old mechanical meters which failed and could not be repaired or replaced. It is noted that of approximately 40 units being used there has been only one incident of a malfunction. The unit was replaced by POM, Inc. In reviewing the multi space meter submittals, the committee was unanimous in its recommendation to award the bid to Digital Payment Technologies at a cost of $159,553.05. While the MacKay Meters submittal was the lowest cost, there were a full 28°r6 of the elements in the multi-meter specifications that were listed as non-compliant by MacKay as compared with 11% in the Digital Payment Technologies submittal and less than 2% in the VenTek International package (a comparative synopsis is attached for your review). The VenTek submittal, while providing the most complete response in terms of compliance with specifications, was not deemed cost competitive since it was the most expensive and many items in the proposal were not inGuded in the base price, but were reflected on an attached list of extra costs. This project is funded through account number 334-3162-545-64.90, pending budget transfer. REVIEW BY OTHERS Other than the Parking Meter Review Committee, no other boards have reviewed this item RECOMMENDATION By motion, award ITB 2007-51 to POM Inc. for the purchase of 250 single head electronic parking meters at a cost of $93,492.50 and Digital Payment Technologies for the purchase of 15 Pay by Space multi space parking meters at a cost of $159,553.05 Attachments: • Bid Tabulation Sheet • Comparative Synopsis (7 Z Y p a m LL O W ~ O N ~ Z Z O Q 'Q N ~ O it J Q1 ~ C J O . 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C U B Q N Q O N y- ~ ~ w U~ •V . i N i ~ O O ~ N Q N O p U C (~E O N U `~ C~ ~ ~ .N N f6 .~ O L N N W O ~ ~ Q c~6 O O ~° ~ o + ~, a i T • ~ ~ ~- ~ Q i 3N O U O)O O C~ o ~ ~ U .;~~ ~.3~0 0 off ~ •_ ~ ~ ca ~ ~~ a?•o 0 0' > > ~ ... ~ a~'i -O 3 ~Y ° ~ a~ ~~ c o c~~ ~ Q.~ a ~~~u~ ° Q~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNE PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER C~~~5'S~~~ DATE: OCTOBER 31, 200 ~ _ SUBJECT: AGENDA ITEM # REGULAR MEETING 3 THE WEST SIDE OF SE 1s' AVENUE AND SE 1 STREET. tTEM BEFORE COMMISSION The action requested of the City Commission is consideration of three waiver requests associated with the Class V site plan application for the redevelopment of 30 SE 1$' Avenue, Block 69 Office Building. Two waivers are requested to LDR Section 4.6.14(A)(1), Visibility at Intersections, which requires a 20-foot visibility triangle at the intersection of an accessway and the public right-of--way line. The third waiver is requested to LDR Section 4.6.9(D)(11){f), Mechanical Parking Lifts, which requires that, when proposing parking lifts within a new development, that the balance of required non-residential spaces not used with the parking lifts, be provided as "self-park" spaces. BACKGROUND At its meeting of October 17, 2007, the Historic Preservation Board (HPB} approved the Class V site plan for the Block 69 Office Building. The development approval includes the demolition of the existing surface parking lot {originally constructed in 2005), and construction of a three story, 7,325 square foot building containing a ground floor parking garage, and two stories of office space. Three waivers are being requested far the subject development. The first waiver seeks approval of a site visibility triangle reduction from twenty feet (20') to five feet, six inches {5'6") where the parking backs out onto the east/west alleyway. The second waiver seeks approval of a sight visibility triangle reduction from twenty-feet (20') to sixteen feet, four inches (16'4"} at the in#ersection of the alleyways, located at the southwest comer of the subject property. The third waiver seeks approval to reduce the required amount of "self park" spaces when utilizing parking lifts from one hundred percent (100%) of the balance to seventy-three percent (73%) of the balance. WAIVER ANALYSIS Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, Waiver Requests Associated with the Class V Site Plan for 30 SE 1a Avenue, Block 69 Office Building City Commission Regular Meeting -November 6, 2007 (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Visibility at Intersections Pursuant to LDR Section 4.6.14{A}(1), "Visibility at Intersections", a twenty foot (20') sight visibility triangle shall be provided where an accessway intersects a public right-of--way. The first waiver seeks approval of a site visibility triangle reduction to five feet, six inches (5'6"} where the parking backs out onto the east/west alleyway. The second waiver seeks approval of a sigh# visibility triangle reduction to sixteen feet, four inches (16'4"} at the intersection of the alleyways, located at the southwest comer of the subject property. The applicant has submitted the following justification statement which notes That "due to fhe fact there is no parking allowed on either alley and that a low volume of traffic occurs in Phis ar~sa we fee! that the reductions are within reason. u Analysis The subject alleys receive limited local traffic and no through traffic, and therefore, the speed of traffic traversing these alleys is greatly reduced. Given these conditions, the reduction of the sight visibility triangle from 20' to 16'4" at the southwest corner of the property as well as the reduction in the sight visibility triangle from 20' to 5'6" where the parking backs out onto the east/west alleyway are supportable as it does not create an unsafe situation. Granting the requested waivers will not have an adverse affect on th neighboring area, or diminish the provision of public facilities. Given the conditions and r which these waivers are being requested, and that similar waivers have been granted els where under similar circumstances, a positive finding with respect to LDR Section 2.4.7{B)(5) ca be made. Mechanical Parking Lifts Pursuant to LDR Section 4.6.9{D)(11)(f}, "Mechanical Par ing Lifts", new development which proposes the use a# mechanical parking lifts as part of th required parking, shall provide the balance of the total required non-residential parking require ant, as "self-park" spaces. The subject development requires a total of twenty-five (~5} spaces which are provided as follows: ten (10) spaces within the parking lifts, four (4} available for valet parking, and eleven (11) available for self-parking. Pursuant to LDR 4.6.9(D)(11)(f), the required amount of self-park spaces is fifteen {15}, while eleven (11) are being provided. Analysis The proposed waiver to the required amount of self-park spaces is supportable in that the subject property is located immediately adjacent to a public parking garage, which contains ample spaces available to those who will prefer to self-park'their vehicles, rather than utilize the parking attendant on-site. For this reason, the gran#ing of the waiver would not provide for special privileges, adversely affect the neighboring area, significantly diminish the provision of public facilities, nor crea#e an unsafe situation. Further, the waiver request is minimal in that it is for only four (4) spaces. For those reasons noted above, positive findings can be made with respect to the waiver request to LDR Section 4.6.9{D}(11 }(f). RECOMMENDATION By separate motions: 1. Approve the waiver to LDR Section LDR Section 4.6.14(A)(1), to allow a reduction from the required twenty-foot (20') visibility triangle to sixteen feet, four inches (16'4") at the 2 Waiver Requests Associated with the Class V Site Plan for 30 SE 1~ Avenue, Block 69 Office Building City Commission Regular Meeting -November 6, 2007 intersection of the east/west and north/south alleyways, based on positive findings with LDR Section 2.4.7{B)(5). 2. Approve the waiver to LDR Section LDR Section 4.6.14(A)(9), to allow a reduction from the required twenty-foot (20') visibility triangle to five feet, six inches {5'6") where parking backs out into the east/west alley, based on positive findings with LDR Section 2.4.7(6)(5). 3. Approve the waiver to LDR Section 4.6.9{D}(11)(f), to allow a reduction from 100% to 73% of the requirement that new development proposing the use of mechanical parking lifts as part of the required parking provide the balance of the total required non-residential parking requirement as "self-park° spaces, based on positive findings with LDR Section 2.4.7(8)(5). Attachments: ^ Historic Preservation Board Staff Report dated October 17, 2007 including site plan, landscape plan, and architectural elevations. 3 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS FOR BLOCK 69 OFFICE BUILDING ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver requests have come before the City Commission on November 6, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for the Block 69 Office Building. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 4.6.14(A)(1), "Visibility at Intersections", a twenty foot (20') sight visibility triangle shall be provided where an accessway intersects a public right-of-way. The Applicant seeks a waiver to reduce the site visibility triangle to five feet, six inches (5'6") where the parking backs out onto the east/west alleyway. Pursuant to LDR Section 4.6.14(A)(1), "Visibility at Intersections", a twenty foot (20') sight visibility triangle shall be provided where an accessway intersects a public right-of-way. The Applicant seeks a waiver to reduce the site visibility triangle to sixteen feet, four inches (16'4") at the intersection of the alleyways, located at the southwest corner of the subject property. Pursuant to LDR Section 4.6.9(D)(11)(f), "Mechanical Parking Lifts", new development which proposes the use of mechanical parking lifts as part of the required parking, shall provide the balance of the total required non-residential parking requirement, as "self-park" spaces. The required amount of self-park spaces is fifteen. The applicant is providing eleven and seeks a waiver for the remaining 4 spaces. Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Would the waiver of Section 4.6.14(A)(1) to reduce the site visibility triangle to 5'6" comply with the requirements of 2.4.7(6)(5)? Yes No 1 Would the waiver of Section 4.6.14(A)(1) to reduce the site visibility triangle to 16'4" comply with the requirements of 2.4.7(B)(5)? Yes No Would the waiver of Section 4.6.9(D)(11)(f) to reduce the reduce the required amount of self-park spaces from 15 to 11 comply with the requirements of 2.4.7(B)(5)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. 5. Based on the entire record before it, the City Commission approves or denies the waiver requests as follows: LDR Section Approve Deny 4.6.14.(A)(1) as to 5'6" 4.6.14(A)(1) as to 16'4" 4.6.9 (D)(11)(f) 6. Based on the entire record before it, the City Commission hereby adopts this Order this 6~' day of November, 2007, by a vote of in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Clerk 2 HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: October 17, 2007 30 SE 1ST Avenue, Block 69 office Building -Consideration of a Certifipte of ITEM' Appropriateness Associated with a Demolition Request, Class V Site Plan, ' Landscape Plan and Architectural Elevations for the construction of a three-story structure containing covered parking and office use. GENERAL DATA: Owner .................................. Block 69 Development Group, LLC Agent /Applicant ................. Kupi & Eliopoulos Architects, P.A. Location ............................... 30 SE 1 ~` Avenue Property Size ....................... 0.137 Acres Future Land Use Map.......... Other Mixed Use {OMU) Current Zoning ..................... Old School Square Historic Arts District (OSSHAD) Adjacent Zoning....... North: OSSHAD South: OSSHAD East: Central Business District (CBD) West: OSSHAD Existing Land Use ................ Surface Parking Lot Proposed Land Use ............. Office Wafer Service ...................... Via service lateral connection to an 8" water main located within both the N/S and EIW alley right of-ways. Sewer Service ..................... Via service lateral connection to the existing 8" sanitary sewer main located within the N/S alley located at the rear (west) of the proper#y. A T L A N T I C 30 SE 1" Avenue, Block 69 Office Building, 2007-2titi-SPF-tiP8-CL5 HPB Meeting October 17, 2007 Page i of 15 The item before the Board is the approval of a Certificate of Appropriateness that incorporates the following aspects of a development proposal fvr the property located at 30 SE 1st Avenue (aka Block 69 Office Building), Old School- Square Historic District, pursuant to Land Development Regulations {LDR) Section 2.4.5(F): • Demolition Request; • Class V Site Plan; • Landscape Plan; • Architectural Elements, and; • Waiver Requests. The subject property is located on the west side of SE 1st Avenue, between East Atlantic Avenue and SE 1s1 Street. The subject property consists of Lot 19, Subdivision of Block 69, Less the North .33', South 2', West 2', and East 5', Town of Delray. The 0.137 acre property presently contains an eleven (11) space surface parking lot constructed in 2005. While the property is zoned Old School Square Historic Arts District {OSSHAD), it is subject to the permitted uses and development standards of the Central Business District {CBD) zoning district pursuant to LDR Sections 4.4.24(8) and 4.4.24(F)(1). Prior to construction of the surface parking lot, the property contained a contributing 1,075 square foot mission style single-family dwelling constructed in 1925, and a detached studio apartment constructed in 1977. At its meeting of February 2, 2005, the HPB granted approval to demolish the afvrenoted structures and replace them with a surface parking lot that included two landscape waivers. A Class V Site Plan application and associated components are now before the Board for consideration. The development proposal includes the following: Demolition The development proposal would remove the existing surface parking lot constructed in 2005. New ©evelopment The application is to construct athree-story, 7,325 square foot office building containing a parking garage with access to the 2"~ and 3'~ floor offices from the ground floor. The parking garage on the first floor will consist of five (5) parking lifts providing for a maximum holding capacity of ten (10) vehicles, as well as six (6) additional parking spaces and two (2) "queue parking" spaces {staging) to be used in the loading and unloading operation of vehicles from the parking lifts. In addition, a lobby, two (2) stairways, and an elevator and mechanical room wilt be located on the ground level. Act~ss to the parking garage will be provided from the east/west alley located to the south of the property. The two (2} upper stories consist of office space, with a covered porch spanning the south elevation. Exterior details consist of the following: 30 SE 1" Avenue, Block 69 office Building, 2007-266-SPF-HPB-Cl5 HPB Meeting October 17, 2007 Pape 2 of 15 • Smooth stucco finish on the first and second floors; • Smooth stucco lap sid'sng on the third floor, with the exception of a portion on the west (rear) elevation proposed to be smooth stucco; • Standing seam metal roof; • Shed, canvas awnings on the first floor, and, • Covered porches on the second and third floors of the south elevation. Landscape Plan The subject property currently contains three (3) Silver Buttonwood Trees, and six (6) Sabal Palm Trees. The Silver Buttonwood. Trees will be removed, while the existing Sabal Palms will be relocated within the site, to the rear of the structure. Additional landscaping will be provided throughout the site. Waiver Requests The applicant has submitted two (2} waivers from LDR Section 4.6.14(A)(1) from the requirement to provide a twenty foot (20') sight visibility triangle at the intersection of an accessway and public right-of--way. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regula#lons shall specifically be addressed by the body taking final action on the site and development applicationlrequest. LDR Section 2.4.5(F)(5) -Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The subject property exists within the OSSHAD zoning district and is bounded by commercial, residential and public parking uses. Compatibility with adjacent uses is not a concern as the site plan will be compatible and harmonious with adjacent development when the attached conditions of approval are met. Based upon the above and subject to the conditions, a positive finding can be made with respect to LDR Section 2.4.5(F)(5). LDR Section 4.4.13{B) -CBD Zoning District, Principal Uses and Structures Permitted The proposed office space is a permitted use listed within the subject LDR Section. Further, LDR Section 4.4.13(C), Accessory Structures and Uses Permitted, permits the use of parking lifts for infill development projects. This is further analyzed in the parking review below. Pursuant to LDR Section 4.4.24(F){1)(c), the subject property is subject to the development standards of the CBD (Central Zoning District) zoning district. The following tables compare the proposal with the requirements of LDR Sections 4.3.4(K), Development Standards Matrix, and 4.4.13(F), CBD Development Standards: Reouieed Proposed Maximum Building Height 48' 41'3° Minimum Open Space 10%* 22.15% 'Additional landscaping required for use of parking lifts. See analysis of LDR Section 4.6.9(D)(11) below. 30 SE 1° Avenue, Blodc 69 Office Building, 2007-2S6-SPP-HPB-CL5 HPB Meeting October 17, 2007 Page 3 of 15 Building Setbacks Standard Proposed ' 70%190% 5' min./10' max. 81% SE 15' Avenue Ground Floor to 25 Remaining length 15' min 19% (Front-East) ' 70% + 15' min' 70% Above 25 Remaining length 5' min/10'max. 30% E/W Alley (Side-South) 0' S'6" Side-North 0' 0' N/S Alley (Rear-West) i Gro Above 37 0 37' ' 10' ~ 22' 10'6" 43'6" LDR Article 4.6 -Supplemental District Res~ulations: Refuse Enclosure Pursuanf to LDR Section 4.8.6(C} (7), dumpsters, recycling confainers and similar service areas musf be enclosed on fhree sides with vision obscuring gates on the fourth side, unless such areas are not visible from any adjacent public righf-of--way. The development proposal includes the construction of an enclosure at the rear of the structure. The submitted letter responding to technical items notes that the enclosure wi[I be six feet (fi') in height, and made of eight inch (8") stucco block wall, painted to match the building, with three {3) chain-link vinyl coated gates with black pvc slats. However, an elevation of the enclosure has not been provided and is added as a condition of approval. Llgitting Pursuant to LDR Section 4.6.8(6){c), llluminafion Levels and Conformify, a minimum average of 0.5 footcandles with a maximum of 2.5 footcandles for the proposed use is required. The following chart indicates (where shaded) tha# the proposal does not comply with the lighting requirements for #hose calculations (Minimum Average Footcandles) provided at the front and rear of the building, which has been added as a condition of approval: Minimum Average NE 1St Avenue-Front E/W Alley -South Side N/S Alley -Rear Covered Parkins Footcandles Required Provided 0.5 0.5 57 0.5 _ NIA 11.8 Maximum Footcandles Required Provided 2.5 0.7 2.5 0.8 2.5 1.1 NIA 19.4 The submitted fixtures are to be located as follows: • East (Front} Elevation -One fixture above main lobby entrance. • South (Side) Elevation -Dispersed outside of and within covered porch on second and third floors. • West (Rear) Elevation -One fixture located above rear entry door. • Covered Parking -Eight (8) fluorescent luminaires dispersed throughout. While it is not clear as to whether or not the fluorescent luminaries are recessed, this is prefer-ed in order to minimize glare and spillage. Therefore, that the lighting provided in the covered parking is recessed has been added as a condition of approval. 30 SE 1°` Avenue, Block 69 Office Building, 2007-266-SPF-HPB-CL5 HPB Meeting October 17, 2007 Page 4 of 15 Bicycle Parking Pursuant #o LDR Section 4.6.9{C) (7) {c) (3), bicycle parking facilities shall be provided at any non-residential use wifhin the City's Transportation Concurrency Exception Area (TCEA) which, through the development review process, is defennined fo generate a demand. !n addifion, Transportation Element Policy D-2.2 of the City's Comprehensive Plan requires bicycle facilities on al! new development and redevelopment with particular emphasis on developmenf wifhin the TCE..A. The development proposal has included bicycle parking at the front of the development and to the south of the main entry, thereby meeting this requirement. Parking Pursuant to LDR Section 4.4.24(G){4}(a}, all non-residential uses, with the excepfion of restaurants, shall provide one (1) parking space per 300 square feet of total new or existing floor area being converted to non-residential use. Therefore, the subject development requires a total of twenty-five {25) parking spaces {7,325 square feet/300 = 24.4}. As a total of sixteen (16) spaces are being provided, the property will be dei•icient nine (9) of its required parking spaces. Therefore, the applicant is providing an off-site parking agreement with the Worthing Place Development located immediately to the east, across SE 1 ~` Avenue, as well as the payment of four (4) spaces to be paid towards a public parking structure. The acceptance and recordation of an off-site parking agreement prior to site plan certification is added as a condition of approval. Pursuant to LDR Section 4.6.9(E}(4}(a}{1}, Public Parking Fee, when parking requiremenfs are applied to new development, in-fill development, from a change of use, or adding floor space fo an existing building; the City Commission may approve the payment of a fee towarafs fhe construcfion of a public parking structure in-lieu of providing such required parking on-site. For properties located within 600' of a programmed public parking facility, excluding property zoned CBD and/or CBD-RC, an alternative fo providing al! the required parking on-site is fo contribute towards the construcfion of the parking facility. The cosf per space shall be based upon the location of the property for which the public parking fee is being sought. Parcels located east of Swinton Avenue and South Dixie Highway - $78,000 per space. Therefore, the purchase of four (4) spaces totals $72,000, which is to be paid in full prior to issuance of a building permit. This item has been added as a condition of approval. Pursuant to LDR Section 4.6.9{E}(4)(b), the Public Parking Fee is limited to no more than 25% of fhe total required parking of a development. The total number of spaces required for the proposed development is twenty=five {25). Therefore, the purchase of four (4) does not exceed the maximum amount of six (6) spaces, which is 25% of twenty-five (25}. As previously noted, the subject application proposes the use of parking lifts. Pursuant to LDR Section 4.6.9(D){1){e), single Level mechanical parking lifts ("t.i>'ts'~, if utilized, shall be integrated info an existing or proposed building for the uses they serve and enclosed wifh thrlse walls and a roof. A maximum of 50% of fhe required parking within anon-residential or the non- residential portion of a multi-use development may utilize Lifts. The proposed development includes the installation of five (5} parking lifts which will be enclosed with three walls and a roof, as it is integrated within athree-story building. The required amount of parking is twenty-five (25) spaces, whereas ten (10) spaces will utilize the proposed lifts. Therefore, the proposal is in compliance with this requirement. Pursuant to LDR Section 4.6.9(D}(11}, Mechanical Parking Liffs, the following applies fo fhe subject application: (a) Single level mechanical parking lifts ("Lifts' shat! be infegra#ed info a structure for fhe uses they serve, constructed with at leasf Three walls and a roof, in accordance with 30 SE 1" Avenue, Block fig Office Building, 2007-266-SP1:-HPB-CL5 HPB Meeting October 17, 2007 Page 5 of 15 Secfion 4.fi.18{B)(14)(vk)(3), to provide adequate screening and containment of sound from operation of the lilts for the benefd of adjacent land. uses. See analysis above. It is also noted that elevation appears #o provide adequate screening of the parking lifts. (b) Llffs maybe ufilized fo provlde up to but not more than (iffy (50%) percent of the required non-residential parking for commercial or mixed-use developments. See analysis above. (c) Lifts and the spaces below them must be operated by an attendant during al! hours of operation. Upon closing, the parking attendant shall remove all vehicles from atop and beneath the Lifts and park them in an area where the customer may retrieve their vehicle. Af no time shall the genera! public be permitted to operate the Lifts. A parking attendant space has been designated on the submitted plans. (d) On-site staging spaces must be provided for the maneuvering of vehicles to facilitate the parking and retrieval of vehicles. At no time shall vehicles be staged within the adjacent public right-of-way. A minimum of two (2} staging spaces shall be provided for the first twenty (20) Lifts or less. One {1) additional staging space shall be provided for every twenty (20) additions! Lifts or part thereof. The subject proposal has provided two (2) staging spaces. (e) Lifts must be manufactured with a full bottom panel to contain fluids which may be emitted from vehicles while parked (oil, condensation from air conditioners, etc.) No wheel or chassis lift mechanisms (historically used at service stations} are permitted Specifications should be submitted illustrating compliance with this requirement. This has been added as a condition of approval. (t) The balance of the required non-residential spaces shall be provided as "self-park" spaces. See provision and analysis of Valet Parking below. (g) For each lift provided, a minimum of 75 sq. ft. of landscaped area over and above the minimum required by code must be provided and shall be located fo provide a view corridor for the general public. Lots of record having a width less than fifty feet (50~ shall be exempt from the requirement of this additional landscape /open space. See landscape analysis below. (h) The Lifts shall be regularly and routinely maintained to ensure safety and dependability of operation and minimization of operational noise levels. Maximum sound levels shat! not exceed applicable thresholds as stipulated in Chapter 99 of the City Code of Ordinances. A note to this effect should be provided on the revised plans prior to Site Plan Certification. This has been added as a condition of approval. The subject proposal provides tandem parking in conjunction with the parking lifts. Therefore, LDR Section 4.6.90{3}(a), Valet Parking, applies to the subject application and states the following: A parking facility with a valet service or operator which allows for attendants to receive, park and deliver the automobiles of occupants, tenants, customers, invitees, and visitors, including Tandem parking maybe ufilized in lieu of the requirements of this Secfion provided the following requirements are complied with: (a) Any required valet or tandem parking ufilized in lieu of the parking requirements set forth in this section shall be governed by an agrleement with the City (in such form as maybe approved by the City Attorney), and recorded in the public records of Palm Beach County. The agreement shall constitute a covenant running with the land binding upon the owners, heirs, administrators, successors, and assigns. The agreeement may be released by the City Commission at such time that site plan approval is obtained for an alternative parking arrangement which satisfies the parking requirements for said use. The acceptance and recordation of the valet parking agreement prior to site plan certification is added as a condition of approval. 30 5E 1"Avenue, Block 69 Office Building, 2007-266-SPF-HPB-CL5 HPB Meeting October 17, 2007 Page 6 of 15 Visibility at Intersections Pursuant to LDR Section 4.6.14(A)(1), where an accessway intersects a public right-of--way, a 20' sight visibility triangle shall be provided. The proposed structure requires compliance with a total of four (4) sight visibility triangles: corner of ENV alley & SE 1 Avenue (complies), comer of ENV & N/S alley, and at the two (2) end of the vehicular entry into parking area of proposed structure. The provided triangular measurement at the ENV & N/S alleyways is sixteen feet, four inches (16'4"), and five feet, six inches (5'6"} for each end of the vehicular entryway into the structure. Therefore, two (2) waivers have been requested to this requirement. Pursuant to LDR Section 2.4.7(6){5), prior fo granting a waiver, the approving body shall make a finding that the granfing of fhe waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Sha11 not creafe an unsafe situation; or (d) Does not result in the grant of a specie! privilege in that fhe same waiver would be granted under similar circumstances on other property for another applicant or owner. The waiver request notes that "due to fhe fact there is no parking allowed on either alley and fhaf a low volume of traffic occurs in this area we feel that the reductions are within reason." Intersection of ENV & N/S Alley Alleys typically receive local traffic and not through traffic, and the speed of traffic traversing the alley is greatly reduced. Given these conditions, the reduction of the sight visibility triangle from 20' to 16'4" is supportable as it does not appear that it will create an unsafe situation. Further, granting the requested waiver will not have an adverse affect on the neighboring area, or diminish the provision of public facilities. Given the conditions under which this waiver is being requested, and that similar waivers have been granted elsewhere under similar circumstances, a positive finding with respect to LDR Section 2.4.7(6)(5) can be made. Intersection of ENV allev & Covered Parking Entrv As noted above, alleys typically receive local traffic and not through traffic, and the speed of traffic traversing the alley is greatly reduced. Further, the size of the lot is such that compliance with the site visibility triangle would inhibit development. Given these conditions, the reduction of the sight visibility triangle from 20' to 5'6" is supportable as it does not appear that it will create an unsafe situation. Further, granting the requested waiver will not have an adverse affect on the neighboring area, or diminish the provision of public facilities. Given the conditions under which this waiver is being requested, a positive finding with respect to LDR Section 2.4.7(6)(5) can be made. Dedication of Right-of--Way: Upon development review of the surface parking lot in 2005, the DSMG determined that a reduction in right-of-way width from the required 60' to 50' would be appropriate for this section of SE 18t Avenue. A dedication of five feet {5'} of right-of-way was accepted by the City Commission, resulting with twenty-five feet (25') from the centerline to the subject property. With respect to the alleys, it was determined that the width of the alleys should be expanded to twenty feet (20'), and, therefore, the previously existing sixteen foot (16') alley width was expanded by the dedication of two feet (2') for both and were by City Commission. Therefore, no additional dedications are required for the subject development proposal. 30 SE i" Avenue. Block f9 Qffice Buikfing, 2007-25f-SPF-HPB-CL.5 HPB Meeting Octoher i%, 2007 Page 7 of 15 Sidewalks Upon development review for the surface parking lot and pursuant to LDR Section 6.1.3(6)(1), a five foot (5') wide paver sidewalk was recommended within that portion of the SE 1~ Avenue right-of-way adjacent to the property. A concrete sidewalk was installed instead. A five foot (5') wide paver block sidewalk should replace the existing concrete sidewalk along the subject property. This item has been added as a condition of approval. Site Plan and Engineering Technical Items Final Engineering Technical review was pending at the time of Staff Report completion. Therefore, these items will be attached in an addendum available prior to the HPB meeting, and noted as a condition of approval. Landscape Plan The landscape plan appears to be in compliance with the required regulations as submitted as all previous technical items have been addressed, Pursuant to LDR Section 4.6.9(D){11}{g), Mechanical Parking Liffs, for each lift provided, a minimum of 75 sq. ft. of landscaped area over and above the minimum required by code must be provided and shall be located to provide a view corridor fvr fhe general public. As five (5} parking lifts have been provided, an additional 375 square feet of landscaped area is required. See chart below which shows that the applicant has exceeded this requirement: Reauired aer Total Reauired parkins Lifts Total Required Provided Oxen Space 10% 375 square feet 973 square feet 1,320 (598 square feet) ~n'Pzp:.....:'i~in '•.. iir.'~i .s'.s'. ._.-. _.._~-r-.. ^•v.~:~-•r.,v:z:=:.r=:r =?-T"=_ _ - --~""..~= r-='.~ic,}•~:i4:^~_' :::.rn ?:-;;a~3.. ~"~?_~::: ~ ~;~_. ~ .=-~.~~-:::_.: ~:. ~ ~e~~r ~j{ ~~ - - .tea=_'-s LDR Section 4.5.1 (E}(7) and 4.5.1(E)(8)(a-k) "Development Standards" provides guidelines in evaluating Certificates of Approprlatenessfcr new construction. (E)(7} The construction of new buildings or structures, or the relocation, alteration, reconstruction, or major repair or maintenance of anon-contributing building or structure within a designated historic district shall meet the same compatibility standards as any material change in the exterior appearance of an existing non- contributing building. Any material change in fhe exferior appearance of any existing non-contrrbufing building, structure, or appurtenance in a designated historic district shall be generally compatible with the form, proportion, mass, configuration, building material, texture, color, and locafion of historic buildings, structures, or sites adjoining or reasonably approximate to fhe non-contributing building, structure, or site. (E)(8) All improvements to buildings, structures, and appurtenances within a designated historic district shall be visually compatible. Visual compatibility can include but is not limited to: (a) height, (b) front fagade proportion, (c) proportion of openings (windows and doors), (d) rhythm of solids to voids: front facades, (e) rhythm of buildings on streets, (~ rhythm of entrance and/or poach projections, (g) consistency in relation to -materials, texture, color, (h) roof shapes, (i} walls of continuity, (j) scale of a building, and (k) directional expression of a front elevation. 30 SE 1" Avenue, Block 69 Office Building, 2D07-266-SPF-HPB-CL5 HPB Meeting October 17, 2007 Page 8 of 15 As noted in (E){7), the exterior appearance shat! be generally compatible with the specified elements of historic structures. While a bit larger in scale and mass when compared to the historic structures within the Old School Square Historic District, the proposed structure does not appear to be incompatible with the district and may provide a transitional relief between the CBD zoning district across SE 1 ~` Avenue, and the historic structures located to the rear of the subject property and situated along South Swinton Avenue. Further, the proposal has not maximized the development standards with respect to height and setbacks thereby providing additional relief from what could be built on the subject property. Therefore, given the above, positive findings can be made. The Delray Beach Historic Preservation Design Guidelines suggests the following with respect to infiA/new construction: oFor buildings where additional heighf is allowed, stepping back fhe upper stories may help to minimize the difference as viewed from fhe sfreet. oAl! inhll must be compatible with the surrounding buildings and yef must be differenfiated from the historic building stock. o The heighf of any new building should be similar to those of other buildings along the sfreefscape. oThe new construction should be compatible with fhe width of fhe surrounding buildings. o The relationship of new construction adjacent to signifrcant historic resources can either enhance or defract from fhe historic setting of fhe district. oThe character of the massing should be compafible with fhe surrounding buildings. oRoof forms and pitch should be compatible with the surrounding buildings. oAl! new construction should complement the historic architecture of fhe district. oMaferials should be compatible in qualify, color, Texture, frnish, and dimension to those commonly found in the hisforic district. oThe horizontal rhythms between the buildings also should be mainfained. The subject development proposal appears to be in compliance with the above noted guidelines as it has been stepped back where required, and not maximized to the allowed setbacks, providing for visual relief. Further, the height is lower than the allowed 48' provided for properties permitted to consider the development standards of the CBD zoning district. Finally, the proposed materials appear to be compatible as well in that they are acceptable when considering new construction. Therefore, positive findings can be made. Pursuant to Section 3.1.1, prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to consistency with the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. LDR Section 3.1.1tA1-Future Land Use Maa The subject property has a Future Land Use Map (PLUM) designation of Other Mixed Use (OMU) and a zoning designation of Old School Square Historic Arts District (OSSHAD). Pursuant to LDR Section 4.4.24(B)(11)(c), the uses allowed as permitted uses in LDR Section 4.4.13{B) shall be allowed on the subject property. Pursuant to LDR Sections 4.4.13(8){2), 30 SE 1" Avenue, Blodc 69 Office Building, 2007-266-SPF-HPB-CL5 HPB Meeting October 17, 2007 Page 9 of 15 business and professional uses are permitted within the CBD zoning district. Based upon the above, it is appropriate to make a positive finding with respect to LDR Section 3.1.1(A). LDR Section 3.1.1(Bl - Concurrency As described in Appendix "A", a positive finding of concurrency can be made as it relates to water and sewer, streets and traffic, drainage, parks. and recreation, open space, solid waste and schools. LDR Section 3.1.1 (C) - Consistency (Standards for Slte Plan Actions) As described in Appendix "B", a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. LDR Section 3.1.1 (D] -Compliance With the Land Development Reculations As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDR can be made, provided the attached conditions of approval are addressed. Comprehensive Plan A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objectives and Policies were noted: FUTURE LAND USE ELEMENT GOAL AREA "A" LAND WITHIN THE PLANNING AREA SHALL BE DEVELOPED OR REDEVELOPED, TO ENHANCE THE EXISTING QUALITY OF LIFE, COMPLIMENT EXISTING LAND USE AND RESULT IN A MIXED, BUT PREDOMINANTLY RESIDENTIAL COMMUNITY WITH A BALANCED ECONOMIC BASE. Future Land Use Element Obiectlve A-T: Property shall be developed or redeveloped in a manner so thaf the fufure use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The subject property is being converted from a surface parking lot to a three-story building containing covered parking and office space and contains no special physical or environmental characteristics that would be negatively impacted by the proposed development. Surrounding zoning designations include OSSHAD, OSSHAD with CBD Overlay, and CBD with uses including a public parking facility, mixed-use of commercial and residential, and single-family residential. The properties to the east across SE 1S` Avenue are part of an approved development plan for afive-story mixed-use building known as Worthing Place. Based upon the above, no compatibility issues will exist between the proposed mixed-use development and the surrounding land uses, and positive findings can be made with regard to Future Land Use Element Objective A 1. Future Land Use Element Objective A-4 The redevelopment of land and buildings shall provide for fhe preservation of historic resources. The objective shall be met through continued adherence to fhe City's Historic Preservation Ordinance and the following policies: Future Land Use Palicv A-4.1 Prror to approval or recommending approval of any land use or development application for property locafed within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that fhe requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations relating fo historic sites and districts and the "Delray Beach Design Guidelines" Positive findings have been made with respect to LDR Section 4.5.1. 30 SE 1;` Avenue, Block 69 Office Building, 2007-266-SPF-HPB-CL5 HPB Meeting October 17, 2007 Page 10 of 15 Future Land Use Element Objective A 12.1 of the Comprehensive Plan, offers that to assist the residents of the Cify in maintaining and enhancing their neighborhood environment, the Cify shall take sfeps to ensure that modifications in and around the neighborhood do not lead fo its decline, such as those described in fhe following policies. It appears that the subject proposal will enhance the neighborhood as it is an improvement from the previous development of a surtace parking lot. The Community Redevelopment Agency (CRA) considered the subject development proposal at its meeting of September 6, 2007, and recommended approval. Consideration of the Public Parking Fee request was given at the October 11, 2007 meeting where a recommendation to approve was made. The development proposal involves the demolition of the extant surface parking la# and construction of a #hree-story building containing covered parking and office space. Also included as part of the development proposal are waiver requests to the required sight visibility triangles to which positive findings can be made. Further, positive findings have been made regarding the Design Elements Analysis. The development proposal is consistent with the zoning and FLUM designations of the subject property, and positive findings can be made with regard to concurrency and Comprehensive Plan consistency. A. Continue with direction. B. Move approval of the Certificate of Appropriateness, Class V Site Plan, and associated demolition request, landscape plan, architectural elevations, and waivers for 30 SE 1s` Avenue, (aka Btock fig Office Building), Old School Square Historic District, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in the Land Development Regulations, and the Delray Beach Historic Preservation Design Guidelines. C. Move denial of the Certificate of Appropriateness, Class V Site Plan, and associated demolition request, landscape plan, architectural elevations, and waivers for 30 SE 1~` Avenue, (aka Block 69 Office Building), Old School Square Historic District, by adopting the findings of fact and law contained in the staff report and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in the Land Development Regulations, and the Delray Beach Historic Preservation Design Guidelines. (Motion to be phrased in the affirmative. See above) By Separate Motions: Demolition Plan Move approval of the Certificate of Appropriateness, and the associated demolition request for 30 SE 1°` Avenue, (aka Block 69 Office Building), Old School Square Historic District, by 30 SE 1u Avenue, Block 63 Office Building, 200i-26G-SPP-HPB-CL5 HPB Me~tirg October 17.200; Rage 11 of 15 adopting the findings of fact and !aw contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets the cxiteria set forth in the Land Development Regulations, and the Delray Beach Historic Preservation Design Guidelines. Site Plan Move approval of the Certificate of Appropriateness, and the associated Class V Site Plan request for the property located at 30 SE 7'` Avenue, (aka Block 69 Office Building}, Old School Square Historic District, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in the Land Development Regulations, and the Delray Beach Historic Preservation Design Guidelines, subject to the following conditions: 1. That the Public Parking Fee of $72,000 is paid in full prior to issuance of the Building Permit; 2. That the Off-site Parking Agreement is accepted by City Commission and recorded by the City Clerk prior to Site Plan Certification; 3. That the Valet agreement is accepted by City Commission and recorded by the City Clerk prior to Site Plan Certification; 4. That the revised plans include the parking lift specifications and note compliance with LDR Section 4.6.9(D)(11){e) and (h); 5. That a detail of the refuse enclosure is provided and includes an elevation, and floor plan noting dimensions and materials; 6. That the photometric plan depicts recessed lighting within the covered parking area; 7. That a paver sidewalk is installed along SE 1$ Avenue; 8. That the photometric plan depict calculations which are in compliance with LDR Section 4.6.8., and; 9. That revised plans are submitted addressing the Engineering Technical Items as indicated in the staff report addendum. Landscape Plan Move approval of the Certificate of Appropriateness, and the associated Landscape Plan for 30 SE 1s` Avenue, {aka Block 69 Office Building}, Old School Square Historic District, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in the Land Development Regulations, and the Delray Beach Historic Preservation Design Guidelines. Architectural Elevation Move approval of the Certificate of Appropriateness, and associated Architectural Elevations for the property located a# 30 SE 1`` Avenue, (aka Block 69 Office Building}, Old School Square Historic District, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in the Land Development Regulations, and the Delray Beach Historic Preservation Design Guidelines. Waivers Recommend approval #o the Ci#y Commission for the waiver request to LDR Section 4.6.14{A)(1), which requires that a twenty foot (20') sight visibility triangle be provided where an accessway intersects a public right-of-way, as the provided measurement is sixteen feet, four inches (16'4") a# the corner of the E/VII and N/S alleyways. 30 SE 1" Avenue. Blxk 89 office Building, 2007-266-SPF-Hpfi-CL5 HPB Meeting October 17.2007 Paye 12 of 15 Recommend approval to the City Commission for the waiver request to LDR Section 4.6.14(A}(1 }, which requires that a twenty foot {20') sight visibility triangle be provided where an accessway intersects a public right-of--way, as the provided measurement is five feet, six inches {5'6") at the comer of the E/W and the two {2} ends of the vehicular entryways into the structure. Staff Report Prepared by: Amy E. Alvarez, Historic Preservation Planner Attachments: • Appendix A - Concurrency Findi»gs • Appendix 8 -Standards for Site Plan Actions • Location Map • Site Plan • Floor Pla»s • Elevafio»s • Landscape Plan • Engi»eering Plans 30 SE 1" Avenue, Block 69 Office Building, 2007-266-SPF-HP8-CL5 HPB Meeting October 17, 2007 Page 13 of 15 Pursuant to LDR Section 3.1.1(8), 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 andlor development application will not exceed the ability of the Clty to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer Water service will be provided via service lateral connection to an eight inch (8A) wa#er main located within both the ENV and WS alley right-of--ways. Sewer service will be provided via lateral connection to the existing eight inch (8') sanitary sewer main located within the NIS alley right-of--way abutting the west side of the property. Adequate fire suppression will be provided via an existing fire hydrant at the northeast corner of NE 1s~ Street and Avenue, as well as a recently installed fire hydrant at the northeast corner of the Royal Atlantic development located at 12 NE 1 ~ Avenue, just to the north of the subject property. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standards. Streets and Traffic The subject property is located in the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD-RC and OSSHAD zoning districts. The TCEA exempts the above-described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Parks and Recreation Facilities Park dedication requirements do not apply to non-residential uses. Thus, the proposed development will not have any impact with respect to this standard. Solid Waste At the highest waste generation rates, the proposed 6,268 square feet of office floor area will generate 16.92 tons of solid waste per year [6,268 x 5.4 = 33,847.2 / 2,000 Ibs = 16.92 tons]. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals through the year 2021. Drainage A preliminary drainage plan has been submitted indicating that drainage will be accommodated via an on-site exfiltration trench system located along the E/VIJ alley with water drainage accommodated through inlets. At this time, there are no problems anticipated meeting South Florida Water Management District requirements. Schools School concurrency findings da not apply to non-residential uses. Thus, the proposed development will not have any impacts with respect to this standard. 30 SE 1Y Avenue, Block fig Office Building, 2007-266-SPF-fiP6-CL5 HPB Meeting October 17, 2007 Page 14 of 15 A. Building design, landscaping, and lighting (glare) shalt be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard Does not meet intent X -Upon compliance with the conditions of approval. B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard X Dces not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result In a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned In a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining {and use needs. Not applicable Meets intent of standard X Does not meet intent 30 SE 1" Avenue, Block 69 Office Building, 2007-ZSti-SPF-HPB-CL5 HPB Meeting October 17, 2007 Page 15 of 15 G. Redevelopment and the development of new land shalt result In the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The C[ty shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to nega#ively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent 30 SE 1~' Avenue, Blo; lc fig Office Building, 2407-286-SPF-HPB-CL5 • ADDf_tdDUM HPB Meeting October 17, 2007 Paga 1 of 1 Site Plan and Engineering Technical Items As noted in the Staff Report, Final Engineering Technical review was pending at the time of Staff Report completion. The following items require compliance upon submittal of revised plans prior to Site Plan Certification: 1. Provide existing elevations on existing roadway including edge of pavement and center line on civil plans. Clearly label center line of roadway on plans. 2. Clearly indicate right-of--way limits on all plans. 3. Remove sidewalk from alley. 4. Verify that building footers will not be in public right-of--way. 5. New sidewalk needs to be brick pavers and installed per City Standard detail RT 10.1. 6. Street improvements on SE 1 sc Avenue need to match those completed by Worthing Place and Royal Atlantic, i.e. parallel parking and location of bade of sidewalk. 7. Please confirm constructability of drainage structures in area provided. These structures cannot be placed in City right-of--way.. 8. Provide finished floor elevation. If finished floor elevation is less than 18-inches above centerline of adjacent road a certificafion is required from a professional registered engineer stating that the property has adequate drainage to ensure that flooding will not occur in a 100-year storm event. LDR Section 7.1.3 (B) (2). 9. Site is required to retain 5 year 1 hour storm (3.2") in addition to meeting water quality criteria (1"). Provide signed and sealed drainage calculations and indicate how storm water will be retained on site. See LOR Section 2.4.3 (D) (4) and (7). 10. Private drainage system cannot tie into city drainage system. 11. Provide easement for fire hydrant for City maintenance access. Fire hydrant may not be necessary for this project. Provide location of existing fire hydrant and confirm requirement for new hydrant with fire department. 12. Show and clearly label all easements on Landscape Plans. 13. Developer to ensure that no landscaping is planted over any exfiltration trenches. 14. A minimum 10-feet general utility easement is to be provided through the property. Please confirm with FPL if easement is required and provide proof of FPL's decision. 15. PROVIDE A DETAILED DESCRIPTION OF HOW EACH OF THESE COMMENTS HAS BEEN ADDRESSED WITH NEXT SUBMITTAL, ALONG WITH TWO SETS OF REVISED PLANS TO THE CITY OF DELRAY BEACH ENGINEERING DEPARTMENT, 434 S SWINTON AVE., DELRAY BEACH, FL 33444. 16. Final Engineering comments will be generated after submittal of final engineering plans and' must be satisfied prior to obtaining a building permit. The following list represents Typical Final Engineering Comments that may be applicable to this project. The items listed above are noted as a condition of approval within the Staff Report. Addendum Prepared by: Amy E. 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HARDEN, CITY MANAGER DATE: OCTOBER 29, 2007 SUBJECT: AGENDA ITEM # "1 •~ -REGULAR MEETING NOVEMBER 6, 2007 APPROVE A REQUEST FROM BLOCK 69 OFFICE BUILDING FOR THE PURCHASE OF FOUR (41 PUBLIC PARKING FEE SPACES ITEM BEFORE COMMISSION The item before the City Commission is that of approving a request from the Block 69 Office Building for the purchase of four (4) Public Parking Fee Spaces to accommodate the construction of a 3-story building containing 7,325 square feet of office space. BACKGROUND Located in the Old School Square Historic Arts District (OSSHAD), the required parking for the project, pursuant to Land Development Regulations, (LDR) Section 4.4.24(G)(4)(a) is 1 space per 300 sq. ft of total floor area, which totals 25 spaces (7,325 / 300 = 24.4 which rounds up to 25). The site plan proposes a parking garage on the first floor utilizing five (5) parking lifts in accordance with LDR Section 4.6.9(D)(11), which accounts for 10 spaces. The provision of an additional five (5) regular spaces and one (1) handicapped space is proposed, for a total of 16 spaces, resulting in a nine (9) space parking deficiency. It is noted that although the site plan provides the requisite two staging spaces to accommodate the provision of the parking lifts, they are not counted towards the required parking. The applicant proposes to enter in to an Off-Site Parking Agreement with the neighboring Worthing Place Development to accommodate an additional five (5) spaces. Therefore, the applicant is requesting the purchase of four (4) Public Parking Fee spaces, at a cost of $18,000 per space, as permitted by Section 4.6.9(E)(4) of the LDR. Full payment of the $72,000 is required upon issuance of a building permit. Staff's review of the development proposal has determined that the application, as submitted, complies with all requirements of LDR Section 4.6.9(E)(4) -Public Parking Fee. Policy C-4.2 of the Delray Beach Comprehensive Plan supports the Downtown Delray Beach Master Plan which speaks of, among other things, the utilization of shared parking concepts and the use of structured parking facilities. The Public Parking Fee program is the essence of these concepts and therefore is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. Considering the aforementioned, staff supports the request from the Block 69 Office Building for the purchase of four (4) Public Parking fee Spaces. REVIEW BY OTHERS The Community Redevelopment Agency, at it's meeting of October 11, 2007, unanimously recommended approval of the applicant's request. The Parking Management Advisory Board, at its meeting of October 23, 2007, in a 7-2 vote (Cook and Denkler dissenting) recommended approval of the applicant's request. RECOMMENDATION By motion, approve the request from the Block 69 Office Building for the purchase of four (4) Public Parking Fee Spaces, at a cost of $72,000.00, to be paid in full upon issuance of a building permit, by adopting findings of fact and law contained in the staff report, and finding that the request, and approval thereof, is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.9(E)(4) of the Land Development Regulations. Attachment: Location Map IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA PUBLIC PARKING FEE REQUEST FOR BLOCK 69 OFFICE BUILDING ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This public parking fee request has come before the City Commission on November 6, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the public parking fee request for the Block 69 Office Building. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. PUBLIC PARKING FEE: Pursuant to LDR Section 4.6.9(E)(4), when parking requirements are applied to new development, in-fill development, from a change of use, or adding floor space to an existing building; the City Commission may approve the payment of a fee towards the construction of a public parking structure in-lieu of providing such required parking on- site. Does the Public Parking Fee request meet the requirements of LDR Section 4.6.9(E)(4) and the conditions, if any, listed below? Yes No 3. The City Commission hereby finds that the Public Parking Fee Request meets the requirements of 4.6.9(E)(4) of the Land Development Regulations, with the conditions listed above, if any, and the City Commission has applied the Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 1 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the public parking fee request as set forth above. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 6~' day of November, 2007, by a vote of in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Clerk 2 W Z W Q A T L A N T I C a 5.W. W. 3 vi 2ND ~~ z 0 z 5.E. S.E. c~i y N 30 SE 1ST AVENUE ~~ P~~TTr 12-43-46-96-01-Q69-0191 dTY of DELRAY 9EAdi, FL LOCATION MAP PLANMNC t IONRN; DEPARTMENT E~~~ ~~ -- drrr~c ets~ ~rw srs~r -- wP REF: s:\~'+q t z~•rg\De~+s\r~-con\z-~u ~aot-~sao\w~o~s~o sE ~s~. Ate. MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director of Community Improvement THROUGH: David Harden, City Manager DATE: November 2, 2007 SUBJECT: AGENDA ITEM #~"_' .~4 REGULAR MEETING OF NOVEMBER 6, 2007 REQUEST FOR WAIVER TO SIGN CODE SECTION 4.6.7(Jl (2). ITEM BEFORE COMMISSION City Commission consideration of a waiver to the Sign Code, and supported by the Site Plan Review and Appearance Board (SPRAB) on September 26, 2007, pursuant to the request by the agent for the tenant Modern Chiropractic, located at 1060 S. Federal Highway. BACKGROUND Modern Chiropractic is located in Bay #102 in the ExecutiveQuartersPlaza, a multi-tenant plaza with an established Blanket Sign Program for tenant wall signs established March 26, 1991 by the Site Plan Review and Appearance Board (SPRAB). The bay is located in the corner of the L-shaped plaza with limited fascia area to place a wall sign On September 26, 2007, the applicant requested consideration for a waiver to the Sign Code LDR Section 4.6.7(J)(2) Off-Premise Signs before SPRAB, to allow their wall sign to extend into the sign area of the tenant next door, Saba Trucking. The proposed sign is 21"high by 7.9- FT in length (13.65-SF) on 2-lines of copy, and will read, "Modern Chiropractic", in bronze colored plastic formed letters that meet the plaza sign criteria. Staff's concern was the proposed location of the sign encroached into the adjacent tenant space and suggested a reduction in the size of the sign. The agent for the application stated the hardship in reducing the sign area would make it barely visible from Federal Hwy. The SPRAB members voted 6-0 supporting the applicant's request, stipulating that a letter of "no objection" be submitted from the property management company. The management has complied with this condition; the letter is attached for your reference. Section 2.4.7(B)(5) of the Land Development Regulations allows the City Commission to grant waivers to this code, which governs signs, providing the Commission shall make a finding of fact based on one of the following: . The granting of a waiver shall not adversely affect the neighboring area, • Shall not significantly diminish the provision of public facilities, . Shall not create an unsafe situation, and . Does not result in the granting of a special privilege in that the same waiver would not be granted under similar circumstances on other property for another applicant or owner. FUNDING SOURCE None Required RECOMMENDATION Staff is recommending City Commission approval of the waiver request to Section 4.6.7(J)(2) of the LDR's pursuant to findings governed under Section 2.4.7(B) (5) and as recommended by the Site Plan Review and Appearance Board. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR MODERN CHIROPRACTIC ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. These waiver requests have come before the City Commission on November 6, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for Modern Chiropractic. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: LDR Section 4.6.7(J)(2) provides that signs placed on property other than the location that is advertised, is considered an off-premise sign, and therefore, prohibited. The Applicant has requested a waiver from this requirement. Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Does the waiver request meet all the requirements of 2.4.7(6)(5) and the conditions, if any, listed below? Yes No 3. .The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was 1 submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver request to LDR Section 4.6.7(J)(2). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 6~' day of November, 2007, by a vote of in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Clerk 2 NEW,/ ~ENTC.IR}l' ... COMPAN[FS crereNaes • oeve~o~ps - su~aar~a C6C 1508877 Augwst 29, 2007 .. .city of Dehay seach Planning ~ zoning iJ-epartrnent • - >:oo Nw ~~ Ave .. ~ _ Delray seac~ 1;133444 RE: Sagriage for' 1 O®O South Federal I-IWy ,Dewy Be~aG'r. City of Delray Beach, New Century Executive Quarters gives Professional Contractors & . - Consultants and Sign A Rama permission to fabrkate and lnstaII a set of - formed plastic letters on the building facia at 1060 South Federal Hwy . ~ ' - Delray Beach F133483. (See attached drawings) • ~ ~ As noted in the drawing the signage will be ~ over 1054-143, . ~ currently oo~upied by Saba Trucldrlg. Suite t 050-143 currently has no . signage rights for the space above their suite nor will 8zey have in the future. - -.• ' . Thank y . . ' ~ : New Century Companies • ~ Property Managemerrt . 909 SE 5"t Ave, Suite 200 • • Delray Beach, Pl. 33483 Phone: 56 i -352-58133 • ~. l~Lv2a~ ~vy~en~ ie~s.corn .. so9 S.E. 5~ Avenue, sine 200 • Oe~t Beedt. Ida 63483 • Phone (3'6'Ej 272-2800 • rax (561 272869 - - - ~ rrww, m Project Name: Project location: Agent: Modern Chiropractic Executive Quarters Plaza 1030 - 1070 S. f=ederal Hwy Professional Contractors ITEM THE BQARD The item before the Board is for SPRAB's consider~ati.on of a waiver to the sign code for an off-premise flat wall sign. The application is also appealing StafF's decision to reduce the copy to accommodate a sign in their allowable sign space. BACKGROUND On March 26, 1992, SPRAB established the Blanket Sign Program for the Executive Quarters Plaza, 1030 - 1070 S. Federal Hwy, for the tenant flat wall signs to be non- illuminating, individual plastic formed letters, in dark bronze. On May 26, 2004, SPRAB approved the redesign for the free standing plaza identification sign at the entrance. The agent for Modem Chiropractic, 1060 S. Federal Hwy, Bay #102, is requesting the Board's support to place a flat wall sign on the fascia that extends into the sign area of the bay next door, Saba Trucking, 1050 S. Federal Hwy. LDR Section 4.6.7(7}{2) Off- Premise Signs is defined as, "a sign that advertises an establishment at a place other than the property on which the sign is located': The proposed sign is 21" high by 7.9-FT in length (13.65-SF) on 2-lines of copy that will read, "Modern Chiropractic". Each line will have 8" high letters with 5" between the lines of copy, in bronze colored plastic formed letters to meet the .plaza criteria. The Sign Staff Review Committee proposed reducing the-sign area by changing the copy to the name of the physician. This would allow for the sign to remain in the allowable tenant sign area. If the Board supports the request to waive the sign code based on the finding of just cause or hardship, the final approval must be done by the City Commission. ALTERNATIVE ACTON 1. Deny the request to support a waiver to the sign code LDR Section 4.fi.7(J}{2), Off- Premise Signs, that states signs advertising a place other than the location of the sign, is prohibited, for a flat wall sign for Modern Chiropractic, 1060 S. Federal Hwy, based on failure to make a claim of hardship or just case. Meeting Date: September 26, 2007 Agenda Item: 111.A. 2. Support the request for a waiver to the sign code LDR Section 4.6.7(J}(2), Off- Premise Signs, for a flat wall sign for Modern Chiropractic, 1464 S. Federal Hwy, with a recommendation stating the reason for just cause or hardship as requested by the City Commission, RECOMMENDATIONS Staff does not support the request for a waiver to the sign code for an off-premise sign as the applicant has roam on the fascia far a sign, as well as the availability to place an under-canopy sign at the business entrance. Meeting Date: September 26, 2007 Agenda Item: 111.A. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: SCOTT PAPE, AICP, SENIOR PLANNER ~G'~'`"' PAUL DORLING, AICP, DIRECTOR OF NNING AND ZONiN THROUGH: CITY MANAGER~~ DATE: OCTOBER 29, 2007 SUBJECT: SITE PLAN APPLICATION FOR ALTA CONGRESS LOCATED ON THE WEST SIDE OF CONGRESS AVENUE. APPROXIMATLY '1.620 FEET SOUTH OF ATLANTIC AVENUE. ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of two waivers from the following Land Development Regulations associated with the Class V site plan for the Alta Congress project: 1. LDR Section 4.7.9(c}(i}, which requires that the total number of one bedroom units in any qualifying project not to exceed 30% of the total number of units in the project, including both familylworkforce units and market rate units. 2. LDR Section 6.1.2(C)(3}(a}, which requires an access roadway width of 24 feet. BACKGROUND The subject property consists of portions of Tracts A, B, F, E-2, and all of Tract A-1 of Congress Park office park and contains 9.773 acres. At its meeting of October 24, 2007, the Site Plan Review and Appearance Board (SPRAB) approved the Class V site plan application for Alta Congress multiple family development. The development approval includes the construction of a 4-story multiple family development with 451 dwelling units (26 efficiency units, 230 - 1 bedroom units, 181 - 2 bedroom units, and 14 - 3 bedroom units). Of the 451 dwelling units, 91 will be designated for workforce housing. The SPRAB considered the waivers identified above at this meeting and recommended approval of a waiver to the 30% limitation on one bedroom units (50.9% proposed) and denial of the request for relief from the 24-foot access roadway width. WAIVER ANALYSIS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c} Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property far another applicant or owner. Waiver Requests Associated with the Class V Site Plan Application for Alta Congress City Commission Regular Meeting -November 6, 2007 Maximum One Bedroom Units: Pursuant to LDR Section 4.7.9(c)(i), the total number of one bedroom units in any qualifying project shall not exceed 30°~ of the total number of units in the project, including both family/workforce units and market rate units. The development proposal consists of 230 one bedroom units or 50.9% of the 451 total number units. The applicant has submitted a waiver request to exceed the maximum number of one bedroom units. The applicant has submitted the following verbatim narrative in support of the waiver: " This project meets or exceeds the requirements of LDR Section 2.4, 7(6)(5) for this waiver request. Please see the attached justification prepared by Ms. Ann G. Henderson of Bridge Real Estate Group in support of this waiver. The granting of this waiver will not create an unsafe situation, significantly diminish the provision of public facilities, and/or adversely affect the neighboring area. The granting of this wanner will also not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Therefore, for the reasons enumerated above, we respectfully request that the above waiver be approved." The following is the narrative from Ms. Ann G. Henderson: "Please allow me to introduce myself and the associates of Bride Real Estate Group. We are a team of experienced real estate professionals with diverse backgrounds in the multi-family real estate industry. Our associates offer a wealth of local market knowledge based on over 2Q years of operations in South Florida. Enclosed is additional infom~ation regarding our history, clients and current projects. Bridge Real Estate Group has analyzed the overall Delray Beach rental market and proposes a majority of one bedroom units for Alta Congress being developed by Wood Partners. There is clearly a sign cant demand for one bedroom apartment in this market and at this site. The site will be marketed and is expected to have a high demand for the urban, transit oriented renfer. The location of the project near the Tri Rail, 1-95, and its proximity to commercial and office space clearly supports this recommendation. The current and historical information for the competitive rental market indicates a history of higher occupancy rates in the one bedroom units. At a minimum, half the mix should consist of one bedroom units. Similarly, a very small percentage of the community should be comprised of three bedrooms since we believe these units will be the least in demand. Our proposed marketing plan and prior leasing experience in the South Florida market clearly substantiates a minimum of 50% one-bedroom units for Alta Congress. " Waiver Analvsis• It is antiapated that the residents of this apartment complex will likely be young single professionals that wish to live in an energetic community and utilize mass transit (Tri-Rail) to commute to their work places in the high technalagy sector such as the Scripps development. It is noted that the project offers 181 two bedroom units and 14 three bedroom units, which offers an opportunity for young families or single parents. Consequently, positive findings can be made with respect to LDR Section 2.4.7(6)(5), Waiver Findings. 2 Waiver Requests Associated with the Class V Site Plan Application for Alta Congress City Commission Regular Meeting -November 6; 2007 Standard Aisle Width: Pursuant to LDR Section 5.1.2{C)(3)(a), the minimum width for access roadways is 24 feet. The proposed acxess road along the south side of the development is 20 feet wide for appro~amately 270 feet. The applicant has requested a waiver from this requirement. The applicant has submitted the following narrative in support of the waiver: `?he waiver being requesfed is a waiver to LDR, Section 6.9.2(C}(3) which requires fhe minimum paving width for a streef fo be 24 : Our request for a waiver is from 24'to 20' for the sfr~eef system for the Alfa Congress site. This waiver is being requesfed because a slightly narrower road will provide a greater "neighborhood" fee! fo the project. If is well-established that narrower roads create a more pedestrian friendly neighborhood as vehicles travel slower on narrower roads. The narrower streef also makes if easier for pedesfrians to get across the streef. The inferconnecfed network of pathways and intemal hallways along, through and around the buildings facilifates the pedestrian movement within the community. The road width reduction also lessens the impact on the adjacent landscape buffers, while providing a fire lane fhat is no less than 70 nor no more than 30 feet from the buildings as required by the Fire Marshal. We have received Fire Marshal approval for the fire lane. It should be noted that the access drive along the south side of the building is 20 feet wide unfit it transifions fo three (3} lanes at Congress Avenue; an inbound lane and two (2) outbound lanes. The outbound lanes consist of a shared leffi thru lame and an exclusive righf tum lane. Several other projects have been granted similar waivers such as Village at Swinton Square, Atlantic Palms, Heritage Club, Highland Grove, Legacy, Old Palm Grove and Village Square. The granting of the waiver (a) shall not adversely affecf the neighboring area; (b) shall not significantly diminish the provision of public facilities; {c) shall not creafe an unsafe situation; and (d) does not result in the grant of a special privilege in that the same waiver would be granted under similar circumsfances on other property for anofher applicant or owner." Waiver Analysis: The 24-foot access road is designed to allow for a safe vehicular path of travel. Given the length of the access road, greater speeds can be achieved and this causes a safety concem. It is noted that there will be very little pedestrian interaction with this drive aisle since Congress Avenue is accessed via a series of sidewalks/paths that are intemal to the buildings. In fact, a sidewalk was not requested along this drive aisle due to this intemal system. If the developer anticipates or promotes pedestrian activity along this drive aisle, then a sidewalk should be installed in addition to the 24-foot access road. With respect to the reduction of the landscape area, it is unfortunate that open space will be affected, however, public safety is of primary concern.. Based on the above, a positive finding with respect to LDR Section 2.4.7(B)(5} cannot be made. RECOMMENDATION By separate motion: 1. Approve the waiver to LDR Section 4.7.9(c)(i), which requires that the total number of one bedroom units in any qualifying project shall not exceed 30% {50.9% _proposed} of the total 3 Waiver Requests Associated with the Class V Site Plan Application for Alta. Congress City Commission Regular Meeting -November 6, 2007 number of units in the project, including both family/workforce units and market rate units, based on a positive finding with respect to LDR Section 2.4.7(8}(5). 2. Deny the waiver LDR Section 6.1.2(C)(3)(a), which requires a access roadway width of 24 feet, based on a failure to make a positive finding with respect to LDR Section 2.4.7(8)(5}. Attachments: ^ Location Map • Site Plan, Landscape Ptan, and Architectural Elevations • Site Plan Review and Appearance Board Staff Report dated October 24, 2007 4 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS FOR ALTA CONGRESS ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver requests have come before the City Commission on November 6, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for the Alta Congress Project. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 4.7.9(c)(i), the total number of one bedroom units in any qualifying project shall not exceed 30% of the total number of units in the project, including both family/workforce units and market rate units. The development proposal consists of 230 one bedroom units or 50.9% of the 451 total number units. The applicant has submitted a waiver request to exceed the maximum number of one bedroom units. Pursuant to LDR Section 4.6.9(D)(4)(d), the standard aisle width is 24 feet for normal traffic flow with perpendicular parking. The maximum aisle width is 26 feet. The minimum aisle width for two way traffic flow is 20 feet but this dimension can only be used for short distances where there are no parking spaces entering herein. The proposed drive aisle along the south side of the property is 20 feet wide for approximately 270 feet. The applicant has requested a waiver from this requirement. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Would the waiver of Section 4.7.9(c)(i) comply with the requirements of 2.4.7(8)(5)? Yes No Would the waiver of Section 4.6.9(D)(4)(d) comply with the requirements of 2.4.7(8)(5)? 1 Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. 5. Based on the entire record before it, the City Commission approves or denies the waiver requests as follows: LDR Section Approve Deny 4.7.9.(c)(i) 4.6.9(D)(4)(d) 6. Based on the entire record before it, the City Commission hereby adopts this Order this 6~' day of November, 2007, by a vote of in favor and opposed. 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Pineapple Grove Properties, LTD. and Keystone Florida Development, LLC Owner/Applicant ......... ........ Weiner S~ Aronson, P.A. Location ....................... ........... The subject property is the located on the west side of Congress Avenue, approximately 1,620 feet south of Atlantic Avenue. Property Size ............... ........... 9.773 Acres Future Land Use Map .. ........... CMU (Congress Avenue Mixed Use} Current Zoning ........................ MROC (Mixed Residential Office and Commercial) Adjacent Zoning......... North: MROC South: MROC East: MROC West: OSR (Open Space and Recreational) Existing Land 'Use ........ ........... Vacant Proposed Land Use ............... Multiple Family Residential Water Service .............. ........... Existing on site Sewer Service ........................ Existing on site IV.B. ~ - - The action before the Board is that of approval of the following aspects of a Class V site plan for Afta Congress, pursuant to LDR Section 2.4.5(F}(5): © Site Plan; ^ Landscape Plan; ^ Building Elevations; and ^ Waivers. The subject properly is located on the west side of Congress Avenue, approximately 1,620 feet south of Atlantic Avenue. The subject property consists of portions of Tracts A, B, F, E-2, and a[I of Tract A-1 of Congress Park office park and contains 9.773 acres. The entire Congress Park office development is approximately 30.59 acres and has an extensive land use history which is described below. At its meeting of April 27, 1982, the City Commission approved the rezoning, conditional use, and site and development plan for Congress Park Office. The rezoning resulted in a zoning change from R-1-AA {Single Family Dwelling District}, in part, and RM-15 (Multiple Family Dwelling Dis#rict), in part, to SAD (Special Activities District}. The SAD limited the uses to only business and professional offices. The site plan approval included five 3-story office buildings containing 56,200 square feet each (281,000 square feet total) with parking located on the ground floor and surface parking, landscaping, drainage, and refuse container areas. In 1983, Building E, adjacent to the main entrance of the Park, and the gate house were constructed along with the infrastructure associated with the Park (i.e. water, sewer, drainage, and roadways). With the development of the park in 1983, right turn lanes were installed along Congress Avenue at both entrances into the park. With the widening of Congress Avenue from two to six lanes in 1990, the right turn lanes were absorbed. On September 16, 1991, the Planning and Zoning Board recommended denial of a rezoning request from POC to RM (Medium Density Residential) for the undeveloped portions of the Park. The rezoning request was subsequently withdrawn prior to action by the City Commission. At its meeting of November 20, 1996, the SPRAB (Site Plan Review and Appearance Board) approved a site plan for SIRS, Inc. (Social Issues Resource Series, ]nc.) on the southern portion of the Park (9.77 acres). The approved site plan replaced two approved 56,200 square foot office buildings (112,400 square feet) with three buildings totaling 150,000 square feet. Subsequently, on April 15, 1998, the Site Plan Review and Appearance Board approved a site plan modification for SIRS, Inc., which reduced the square footage of the SIRS development to 11,3,208 square feet. A condition of approval of the SIRS, Inc, development was that aright-turn lane would be constructed at the primary entrance of the development SPRAB Staff Report -October 24, 2007 Congress Plaza at Delray - Class V Site Plan Page 2 should the total office building threshold of 134,500 square feet be exceeded. [t was anticipated that the SIRS office development would be constructed prior to the construction of the north half of the park. On August 19, 1998, the Site Plan Review and Appearance Board approved a site plan for the north half of Congress Park. The proposal included replacing two 56,200 square foot buildings (112,400 square feet) with four office buildings totaling 106,357 square feet. The approval would allow phased construction of the 4 office buildings with a condition of approval that the right turn lane along Congress Avenue be constructed when the project exceeds a threshold of 134,000 total square feet of office (including existing Building E). Phase one and two of the north development consisting of two 32,258 square foot office buildings were constructed in addition to Building E (56,200 square feet) for a total of 120,716 square feet. On August 16, 2000, the Site Plan Review and Appearance Board approved a request to increase the threshold that would require the southbound right turn lane constnuction from 134,500 square feet to 946,556 square feet. At its meeting of January 26, 2005, the Site Plan Review and Appearance Board approved a Class V site plan application fora 20,385 square foot office building on Tract "D-1 ." This building has been constructed and brings the #otal office square footage to 141,301 square feet. At its meeting of August 9, 2006, the Site Plan Review and Appearance Board approved a Class V site plan application fora 21,285 `square foot office building on Tract "D.° This project has not been certified due to failure to address outstanding conditions of approval. With this building, the tots[ office square footage will be 162,586 square feet. At its meeting of December 5, 2006, the City Commission approved the Land Development Regulation text amendment that established the MROC {Mixed Residential, Office and Commercial) zoning district. At its meeting of February 6, 2007, the City Commission Comprehensive Plan Amendment 2007-1, which established the Gongress Avenue Mixed Use Future Land Use Map designation. This designation included provisions for maximum residential densities and intensities, workforce housing, and atransit-oriented overlay near the tri-rail station. At its meeting of February 20, 2007, the City Commission rezoned the subject property from POC (Planned Office Center) to MROC. At its meeting of October 15, 2007, the Planning and Zoning Board approved the Master Development Plan for Alta Congress, which consists of 451 multiple family dwelling units. Further, the Planning and Zoning Board approved a waiver to LDR Section 4.4.29(G)(2)(d}, which requires a perimeter landscape strip around a MROC development. The development approval is subject to the following conditions: 7. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan and addresses the °Exhibit "A" - Technical Items" attached in the staff report; SPRAB Staff Report -October 24, 2007 Congress Plaza at Delray - Cass V Site Plan Page 3 - A technical item is attached that a covenant for the workforce units be submitted for approval by the City Attorney's Office and recorded. - Per LDR Section 4.3.3(00), generators are required for all interior con•idor lighting, exit signs and at least one public elevator. The screening method of the generators needs to be graphically noted on the plans. There appears to be conflicts between the generators and landscaping. - Per LDR Section 4.3.3{000), a generator is required for the clubroom. The screening method of the generators needs to be graphically noted on the plans. There appears to be conflicts between the generators and landscaping. - The photometric plan needs to be revised to demonstrate compliance with LDR Section 4.6.8. The photometric plan needs to include the interior of the garage together with top deck. Further, an elevation detail of the Tight poles and fixtures with a height dimension (25-foot maximum} needs to be provided. - The dimensions of the driveways and roads (24' standard width) need to be noted on the plans. The dimensions of the drive aisles within the garage have not been provided. Further, per LDR Section 4.6.9(D)(4)(d), the standard aisle width is 24 feet and 20 feet is proposed. A 20-foot wide aisle can be used but only for short distances. Given the length and amount of traffic, the aisle along the south side of the property needs to be increased to 24 feet. It is no#ed that it is an#icipated that a waiver to this requirement would not be supported by staff. - Wheel stops are required. The use of wheel stops needs to be graphically noted on the plans. - The new locations of the bicycle racks are not legible on the revised plans. As noted previously, the proposed development should provide numerous bicycle racks. - Per Policy A-3.1 of the Open Space and Recreation Element, #ot lots and recreational areas, serving children from toddlers to teens, shall be a feature of all new housing developments as part of design to accommodate households having a range of ages. The revised plans have provided a facility for toddlers. However, details of recreational facilities oriented toward teens needs to be provided. - The ventilation and screening method of the garage exhaust system needs to be provided on the building elevations. - A colored rendering of the building elevations needs to be attached to each set of the plans to be reviewed by the Boards. - The conflicts between the landscaping and utilities will need to be resolved prior to certification of the site plan. - A portion of the Fire Lane is located within the 25 foot landscape buffer leaving no room for the required landscaping between the fire lane and the property line at the southwest comer of the site. The applicant and the City have agreed during past discussions that the proper waivers will be applied for and granted for this deficiency. Per 4.6.16(H} {3) (d) one (1 } tree shalt be provided for every thirty (30) linear feet or fraction thereof within the landscape strip that separates the vehicular use area from abutting properties. There are gaps that exceed the maximum spacing permitted along the south and north perimeter of the site. Please install additional trees as required. - There appears to be some conflicts between landscaping and various utilities and easements. - Per 4.6.16(H) (3) Q) each row of parking spaces shat! be terminated by a landscape island. Per 4.6.16{H) {3) {I) one (1) shade tree or equivalent number of palm trees shall be planted in every interior island. A tree is missing at the west end of the parking row located on the west side of the leasing building. - The proposed location of the transformers currently shown within the required landscape setback along Congress Avenue will not be approved. The applicant shall provide adequate screening of these 'transformers once a new location has been established. Per 4.6.16(H} (3} (n) all mechanical equipment shall be screened. - Provide bus shelter easement on plat and install bus shelter. City will provide detail on bus shelter. Location of bus shelter noted. Bus shelter detail needs to be finalized in order for this comment to be removed. - Extend cross sections into adjacent properties to indicate how elevations will match existing adjacent elevations. In addition, extend cross section D-D into Congress Avenue to indicate how sidewalk will tie into proposed improvements. Provide copy of certified boundary and topographic survey meeting requirements of LDR Section 2.4.3 (A), (B} and (D). 1=xistinq Qrades should be taken approximately 10-feet outside all subject property tines for al[ adjacent properties. Survey shall provide sufficient information to determine historical drainage pattern. Please provide additional grades on south portion of site at least 10-feet outside property line. - Provide separate tap for potable water and fire service on north side of property. SPRAB Staff Report -October 24, 2007 Congress Plaza at Delray - Class V Site Plan Page 4 - Exclusive water and sewer easement needs to be at a minimum 20-foot wide. Adjust 15-foot water and sewer easement to at leas# 20-feet wide. - Indicate typical configuration. and location of proposed sewer services with cleanouts. A cleanout will be required on the exis#ing sewer service at a maximum distance of 18-inches from the right-of--way line andJor easement line. Provide cleanout a maximum distance of 18-inches from the easement line on non- paved surfaces. - At 20-foot water and sewer easement realign water main and sanitary sewer line to maintain 6-feet from edge of easement and fi-feet separation between each. - Submit #wo sets of revised plans with next submittal to the City of Delray Beach Engineering Department, 434 S Swinton Ave., Delray Beach, FL 33444. In addition, provide a detai{ed description of how each of these comments has been addressed and reference sheet number for accurate review. - Final Engineering comments will be generated of#er submittal of final engineering plans and must be satisfied prior to obtaining a building permit. The fallowing list represents Typical Final Engineering Comments that may be applicable to this project. 2. That the master plan be revised to indicate that a minimum of 99 workforce units wil! be provided. 3. That a bus shelter be provided along Congress Avenue. 4. That the recreations[ facilities within the club house be labeled on the plans. 5. That a turn [ane is constnacted along Congress Avenue and that the existing trees are root pruned and relocated within Congress Park. A site plan request has been submitted to construct a 459 multiple family residential development containing a minimum of 20% familylworkforce housing units on this property and is now before the Board for action. The development proposal consists of the following: ^ The construction of a 4-story multiple family development with 459 dwelling units (26 efficiency units, 230 - 1 bedroom units, 181 - 2 bedroom units, and 14 - 3 bedroom units}. These dwelling units include 90 units that will be designated for workforce; ^ Construction of a 5-story garage that contains 760 parking spaces {640 standard spaces, 901 compact parking spaces, and 19 handicap accessible spaces). An additional 19 parking spaces {16 standard spaces, 3 handicap accessible space) are provided in surface areas along the north side of the garage and adjacent to the leasing office; ^ The vehicular access to the garage is gained from a drive aisle to the existing loop road within the Congress Park office park and a new drive aisle along the south side of the .property with access to Congress Avenue. Fire truck access is available to the western .portion of the property via a stabilized sodded loop road; ^ Construction of three loading spaces located along the north anti south sides of the garage; ^ The recreational/leisure facilities consist of fitness room, club room, tot lot, pool, barbecue/passive park, and walking path; and ^ Installation of associated landscaping. SPRAB Staff Report -October 24, 2007 Congress Plaza at Delray - Class V Site Plan Page 5 The development proposal includes a waiver to the following section of the Land Development Regulations: 1. LDR Section 4.7.9(c)(i), which requires that the to#al number of one bedroom units in any qualifying project shall not exceed 30% of the total number of uni#s in the project, including both familylworkforce units and market rate units. 2. LDR Section 4.6.9(D)(4}(b), which requires wheel stops shall be provided for all parking, other than parallel, in the form of concrete or asphalt wheel stops or a continuous concrete curb. 3. LDR Section 4.6.9(D)(4){d), which requires a standard aisle width of 24 feet for normal traffic flow with perpendicular parking. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development applicationlrequest. FAMILYNVORKFORCE HOUSING: Minimum Family/Workforce Housing: Per.LDR Section 4.4.29(B)(4)(a), residential development in the MROC zoning district must include a minimum of 20% workforce units consisting of moderate income workforce units as defined by Article 4.7 Family/Workforce Housing. The information as contained on the revised master plan/site plan indicates that 90 workforce units will be provided. However, based on 451 total units, 91 workforce (90.2) units must be provided. Thus, a condition of approval is attached that the master/site plan be revised to indicate that a minimum of 91 workforce units will be provided. General Provisions: Per LDR Section 4.7.9(a), all workforce housing units shall be situated within the development so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as market-rate units. Further, per LDR Section 4.7.9(b), the workforce units must be integrated with the rest of the development and shall be compatible in exterior design, appearance, construction, and quality of materials and contain comparable HVAC systems and appliances with market rate units and provide them as standard features. All workforce housing units shall contain comparable square footage to the corresponding market-rate unit. The applicant has noted the units that will be set aside for workforce housing and they are well distributed throughout the development. Further, the applicant has added a note to the master/site plan that SPRAB Staff Report -October 24, 2007 Congress Plaza at Delray - Class V Site Plan Page 6 indicates all workforce uni#s will have the same amenities as the market rate units. Thus, these requirements have been met. Ratio: Per LDR Section 4.7.9{c){i) through (ii), the proportion of one, two, and three bedroom workforce units to total workforce units cannot exceed the corresponding number of one, two, and three bedroom market rate units to tots[ market rate units. Given the number of workforce units noted on the site plan, the proposed development provides 54% one bedroom market rate units and workforce units; 42% two bedroom market rate and workforce units; and, 3% three bedroom market rate and workforce units. Thus, this requirement has been met. Covenant: Per LDR Section 4.7.6(a), a covenant will need to be recorded that specifies the income level served, rent levels, reporting requirements and all restrictions applicable to the workforce housing units. All [eases shall contain language incorporating covenants applicable to the workforce housing unit and reference recorded covenants. A technical item is attached that a covenant be submitted for approval by the City Attorney's Office and recorded. PERFORMANCE STANDARDS: Pursuant to LDR Section 4.4.29(8){4)(d), all residential developments shall be subject to the following Performance Standards: (a) The development offers variation in design to add interest to the elevations and relief from the building mass. Building elevations incorporate several of the following elements: diversity in window and door shapes and locations; features such as balconies, arches, porches; and design elements such as shutters, window mullions, quoins, decorative tiles, or similar distinguishing features. The architectural style of the building is a modem interpretation with a Bauhaus influence. The buildings have a flat roof with raised parapets with differing heights and include some angled parapets. While the modernistic design includes some diversity in architectural elements such as windows, offsets, paint scheme, and roof changes, the nature of the modernistic approach is centered in clean lines and minimalism. In this approach the buildings have achieved an interesting expression. Thus, this performance standard has been met. (b) If the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the main building through the use of similar building materials and color, vertical and horizontal elements, and architectural style. Development of a portion of the ground floor perimeter adjacent to street rights of way is devoted to window displays or floor area for active uses such as retail s#ores, personal and business service establishments, entertainment, offices, etc., is encouraged, SPRAB Staff Report -October 24, 2007 Congress Plaza at Delray - Class V Site Plan Page 7 The development includes a parking garage interior to the site. This garage will not be visible from Congress Avenue. Given the modemistic architectural approach of the principal building, no further architectural treatments to the garage are suggested. Thus, this performance standard has been met. (c) A number of different unit types, sizes and floor plans are available within the development. Two and three bedroom units are encouraged, as are a combination of multi-level units and flats. In projects consisting of more than twelve (12) dwelling units, the proportion of efficiency or studio type units may not exceed 25% of the total units. There is no maximum percentage established for projects having twelve (12) or fewer units, however, a mix of unit types and sizes is encouraged. The project includes a mix of efficiencies (5.7% of total units), one bedroom units, two bedroom units, and three bedroom units. The project includes a variety of floor plans consisting of one type of the efficiency unit, six varieties of the one bedroom units, three varieties of the two bedroom units, and one type of three bedroom unit. Thus, this performance standard has been met. (d) The project design shall create an overall unified architectural character and image by the use of common elements between the building(s), parking to#, and landscaping. Examples of some features that could be incorporated to meet #his standard are: freestanding light poles and exterior light fixtures that are decorative and consistent with the architectural treatment of the building{s); pedestrian amenities such as benches, shaded walkways, and decorative pavement treatment, that are similar in forms, colors, materials, or details as the architecture of the building(s); focal points such as public art, water featurelfountain, courtyard or public plazas designed to connect different uses along a continuous pedestrian walkway; or a combination of similar features that meet the intent of this standard. The project has been designed with essentially three buildings designed around interior court yards for various recreational purposes ranging from active to passive. Each of these areas is connected by covered walkways. The recreation areas include benches, tables, and pavilions that are modem in design and blend with the architecture of the project. The light poles and fixtures are decorative in nature and are consistent with the modernistic design of the building. Thus, this performance standard has been met. (e) The development provides common areas andlor amenities for residents such as swimming pools, exercise rooms, storage rooms or lockers, covered parking, gardens, courtyards, or similar areas andlor amenities. As noted, the development provides severs[ recreational opportunities ranging from active to passive facilities. The development provides an exercise room, game room including a pool table, swimming pool, tot !ot with barbecue facilities and picnic tables, and a passive recreation area consisting of barbecue facilities, picnic tables, and fire pit. The SPRAB Staff Report -- October 24, 2007 Congress Plaza at Delray -Class V Si#e Plan Page 8 development also includes a meandering walking path that takes advantage of the lake views. Based on the above this performance s#andard has been met. (fi) The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. Pedestrian areas adjacent to the building are enhanced by providing addi#ional sidewalk area at the same level as the abutting public sidewalk. Accessways to parking areas are designed in a manner that minimizes conflicts between vehicles and pedestrians. The public street or streets immediately adjacent to the development are enhanced in a manner that is consistent with the streetscape in the downtown area {i.e., installation of landscape nodes, extension of existing paver block system, installation of approved street lighting, etc.}. The development provides a substantial pedestrian system interior to the buildings that provides access to Congress Avenue and parking areas. The residential buildings have access to the parking garage via aerial bridges. Based on the above, the proposed development complies with this performance standard. (g) The development provides opportunities to share parking, accessways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public. The development has the opportunity to provide cross-access to the property to the south {Congress Park South) from the southem drive aisle. This would allow customers, employees, and delivery vehicles from the development south of this site the opportunity to utilize the median cut and the anticipated traffic signal at this southern entrance. The applicant has opposed providing access to this drive aisle due to concerns over mixing the non-residential traffic with the projects residential uses and has submitted a written narrative that provides reasonable justification against the cross access due to this incompatibility. Further, it is noted that this additional traffic volume would likely require a southbound turn lane, which would negatively impact the Congress Avenue landscaping treatment for this project. (h} Projects fronting on Atlantic Avenue, NWISW 5th Avenue, N.E. 1st Street, or S.E. 1st Street contain nonresidential uses on the ground floor. At least seventy-five percent {75%} of the surface area of the front street wall(s) at the ground floor of each such building is devoted to display windows and to entrances to commercial uses from outside the building. This performance standard is not applicable. {i) The landscape plan for the development preserves and incorporates existing native vegetation {where available}, provides new landscaping that is in excess of minimum standards (in height and quantity), demonstretes innovative use of plant material, improves site design, provides useable open space or public plazas, and SPRAB Staff Report -October 24, 2007 Congress Plaza at Delray - Class V Site Plan Page 9 maximizes available areas for pedestrian interaction. If necessary to achieve this standard, the project may exceed the maximum setback area on the ground floor. The subject properly contains little native landscaping, since it was previously cleared in anticipation of development. The landscape plan has provided increased dimensions of certain landscaping such as the Live Oak trees along the southern property line in addition to the minimum required by the Land Development Regulations. As noted previously, the development provides unique recreational courtyards that include innovative landscape designs and the walking path along the west side of the property. The most notable landscape feature is the "boulevard" design that has been incorporated along Congress Avenue. Further, the trees that are being removed due to the installation of the turn lane along Congress Avenue will be relocated on the adjacent site. Based on the above, this standard has been met. LDR Section 4.4.29fG)(MROC -Development Regulations):. This section establishes minimum standards for development within the MROC Zone District. Waivers and internal adjustments to these standards may be approved by the Planning and Zoning Board concurrent and as a park of the approval of a Master Development Plan (MDP). When considering a Master Development Plan (MDP} in any Mixed Residential, Office, and Commercial {MROC) development proposal, the Planning and Zoning Board may attach suitable conditions, safeguards, and stipulations to address the specific characteristics of the site and potential impacts of the proposed development. Minimum Site Area: Per LDR Section 4.4.29(G)(2)(a), the minimum site area for the total development within the MROC District is to be three acres. The proposed development complies with this requirement since the area of the property is 9.773 acres.- Minimum Floor Area: The following table indicates that the proposal complies with LDR Section 4.4.29{G)(2)(b) and 4.3.4{K)[Minimum residential floor area]: _ _. .. _ --- - 400 s . ft. -- 537 s . ft. - 600 s . ft. 723 s . ft. 900s .ft. 1,110s .ft. _ - - .~.- 1,250 s . ft. 1,446 s . ft. Lot Coverage & Open Space: Pursuant to LDR Section 4.4.29(G)(2)(c}, lot coverage by building, pavement and hardscape site improvements shall not exceed 75% of the MROC development of the area of any SPRAB Staff Report -October 24, 2007 Congress Plaza at Delray - Class V Site Plan Page 10 individual lot. The proposed development complies with the 75% maximum lot coverage requirement since 65.29% lot coverage is proposed. Further, the land area, equal to at least 25% of the total MROC district including the perimeter landscaped boundary, shall be in open space. Landscape areas required to meet internal parking lot design requirements, water bodies and paved areas shall not be included in the 25% open space requirement. The proposed development complies with the 25% minimum open space threshold since 34.70% open space is provided. Perimeter Development: Per LDR Section 4.4.29{G){2)(d}, a landscape buffer shall be provided around each MROC development. Parking, structures, perimeter roadways, and other paving is not permitted within this buffer except for bicycle paths, sidewalks, jogging trails, and driveways or access streets which provide ingress and egress for traffic and which are generally perpendicular to the buffer. The width of the buffer shall be the smaller distance of either the dimensions below or 10% of the average depth of the property; however, in no case shall the landscape area be a width of less than ten (10) feet. It is noted that the proposed development has not met all of the perimeter landscape buffer requirements. The following table identifies the required and proposed setbacks for the proposed development: 30 feet 836 feet 30 feet 50' 2" 25 feet 836 feet 25 feet 25 feet 25 feet 486 feet 25 feet 0' - 20'* * At its meeting of October 15, 2007, the Planning and Zoning Board approved a waiver to the perimeter landscape strip along the south side of the property. Height: Pursuant to LDR Section 4.4.29(G}{2){f)(1), buildings shall be allowed to a maximum height of eighty-five feet (85') on parcels of three {3} acres or more. The building elevation indicates that the height of the building will be 38 feet. However, the height of the building must be based on "grade" as defined in LDR Section 4.3.4(J} and this is attached as a condition of approval. Pursuant to LDR Section 4.4.29(G)(2){f}(2), residential uses shall have a minimum nine feet (9') floor to floor on all floors. Auxiliary and service rooms, such as, garages, restrooms, closets, laundry rooms, dressing rooms, storage rooms, mechanical, electrical, and plumbing equipment rooms are exempted from the floor height regulations. The proposed residential development complies with this requirement since a 9-foot 6 inch floor to floor distance has been provided. SPRAB Staff Report -October 24, 2007 Congress Plaza at Delray - Class V Site Plan Page 11 Building Setbacks: The following table indicates that the proposal complies with LDR Section 4.4.29{G)(2)(g} as i# pertains to the MROC zoning district: - - ~~1.~-~~ __-_ == -=.__ =Front {Congress Avenue) 30' S0' 2 3/"'` _ - -~=-_-=~_- ~ Side (South) ._ 25' 38' _ _ --- Side (North) 25' S1' _ Rear (West} 25' S5' 10 5!8" Pursuant to LDR Section 4.4.29{G)(2)(g)(1 }, to the greatest extent possible buildings shall be placed at the minimum setback {30 feet). The proposed front setback along Congress .Avenue has been increased to accommodate utilities such as a water main and drainage pipe. Parking Requirements: Pursuant to LDR Section 4.4.29(H}(3), the parking required for the multiple family project is 706 parking spaces. The development complies with this minimum requirement since 779 parking spaces are provided within the garage and within the surface parking areas. Other Items: Congress Avenue Right Turn Lane: As noted in the background section of this report, a condition of approval for the Congress Park development was to install a turn lane along Congress Avenue. The construction of this tum lane has been deferred during the construction of the various "pods" within the office park until such time as the number of trips at this entrance warranted a turn lane. The turn lane is now warranted and this development must install it as a condition of its approval. The installation of the turn lane will impact (require removal) of existing perimeter trees within the office park. These trees should be appropriately root pruned and relocated within the park. The applicant must work with the office park developer {owner) and the City in fnding appropriate locations. Site Lighting: Pursuant to LDR Section 4.6.8 artificial lighting used to the illuminate premises shall be directed away from adjacent properties. A photometric plan has been submitted that demonstrates compliance with the City's illumination standards for the surface parking areas. The illumination levels exceed the maximum standard of 4 foot candles. However, it is noted SPRAB Staff Report -October 24, 2007 Congress Plaza at Delray - Class V Site Plan Page 12 that the garage is partially enclosed by the residential units on the north, east, and west. Further, the southern elevation will not be visible from a public right-of--way. Thus, there is no concern wi#h respect to the illumination level within the garage causing a safety hazard with respect to glare on the adjacent public right-of-way. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a} Shall not adversely affect the neighboring area; (b} Shall not significantly diminish the provision of public facilities; (c} Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Maximum One Bedroom Units: Pursuant to LDR Section 4.7.9(c}(i), the total number of one bedroom units in any qualifying project shall not exceed 30% of the total number of units in the project, including both family/workforce units and market rate units. The development proposal consis#s of 230 one bedroom units or 50.9% of the 451 total number units. The applicant has submitted a waiver request to exceed the maximum number of one bedroom units. The applicant has submitted the following verbatim narrative in support of the waiver: " This project meets or exceeds fhe requirements of LDR Secfion 2.4.7(6)(5) for this wanner request. Please see the aftached jusfification prepared by Ms. Ann G. Henderson of Bridge Real Estate Group in support of this waiver. The granting of this waiver will not creafe an unsafe situation, significantly diminish the provision of public facilities, and/or adversely affect fhe neighboring area. The granfing of this waiver will also not result in the grant of a special privilege in that fhe same waiver would be granfed under similar circumstances on other property for another applicant or owner. Therefore, for the reasons enumerated above, we respectfully request That the above waiver be approved." The following is the narrative from Ms. Ann G. Henderson: "Please allow me to introduce myself and the associates of Bride Real Estate Group_ We are a team of experienced real estate professionals with diverse backgrounds in the multi-family real esfafe Industry. Our associafes offer a wealth of local market knowledge based on over 20 years of operations in South Florida. Enclosed is addifional infonnafion regarding our history, clients and current projects. SPRAB Staff Report -October 24, 2007 Congress Plaza at Delray - Class V Site Plan Page 13 Bridge Real Estate Group has analyzed the overall Delray Beach rental market and proposes a majority of one bedroom units for Alfa Congress being developed by Wood Partners. There is clearly a significant demand for one bedroom apartment in this market and at this site. The sife will be marketed and is expected to have a high demand for the urban, fransit oriented renter. The location of the project near the Tri Rail, 1-95, and ifs proximity fo commercial and office space clearly supports this recommendation. The currenf and historical informafion for the competifive renfal market indicates a history of higher occupancy cafes in the one bedroom units. At a minimum, half fhe mix should consist of one bedroom units. Similarly, a very small percentage of the community should be comprised of three bedrooms since we believe these units will be fhe least in demand. Our proposed marketing plan and prior leasing experience in the South Florida markef clearly substantiates a minimum of 50% one-bedroom units for Alfa Congress." Waiver Analysis: It is anticipated that the residents of this apartment complex will likely be young single professionals that wish to live in an energetic community and utilize mass transit (Tri-Rail} to commute to their work places in the high #echnology sector such as the Scripts development. It is noted that the project offers 181 two bedroom units and 14 three bedroom units, which offers an opportunity for young families or single parents. Consequently, positive findings can be made with respect to LDR Section 2.4.7(6)(5), Waiver Findings. Wheelstops: Pursuant to LDR Section 4.6.9(D}(4)(b}, wheel stops shall be provided for all parking, other than parallel, in the form of concrete or asphalt wheel stops or a continuous concrete curb which is located so that there is 2 feet of clear distance from the front edge of the device to the front of the parking space. The required wheel stop or curb has not been provided within the parking garage and the surface parking spaces on the north side of building #1. The applicant has submitted a request to eliminate this requirement within the garage. The applicant has submitted the following verbatim narrative in support of the waiver: "In fhe design of fhe Alta Congress parking areas, the wheel stops shall be provided of the ground floor of fhe parking garage. At the leasing area, the wheel stops would be redundant to the provided curbing where the overhang of fhe car does not encroach on the required width of fhe sidewalk. Wheel stops are also not necessary at fhe elevated levels of the parking garage due to the facf fhaf fere are no accessible areas of the head of fhe parking spaces. Providing wheel stops in fhe elevated floors of fhe garage will not satisfy the building code requirements for a vehicle barrier. The concrete spandrels at fhe perimefer of the parking garage will provide fhe vehicle barrier for the parking spaces. This would be consistenf with fhe majority of fhe built parking garages in Florida, as well as many ofher markets throughout the country. Garages without fhe wheel stops function very well and without the added expense and issues of maintenance, tripping hazaro(s or trapped debris. SPRAB Staff Report -October 24, 2007 Congress Plaza at De{ray - Class V Site Plan Page '[ 4 The granting of the waiver: (a) shall not adversely affect the neighboring area; (b} shall not significantly diminish the provision of public facilities; (c) shall not create an unsafe sifuafion; and (d) does not result in the grant of a special privilege in fhaf fhe same waiver would be granted under similar circumstances on other property for another applicant or owner. This project meets or exceeds the requirements of LDR Section 2.4.7(B)(5} for fhis waiver requesf. Thus, this waiver requesf should be approved. Therefore, for the reasons enumerated above, we respectfully request fhaf the above waiver be approved and that wheel stops should not be required throughout the project." Waiver Analysis: The wheel stops/curbs will prevent encroachment of vehicles into the landscape areas for the parking spaces west of the leasing area parking lot and will prevent vehicles from hitting the walls of the garage. The applicant indicates that the spandrels at the perimeter of the parking garage will provide the desired vehicle barrier. However, this will result in unnecessary damage to vehicles since there will be no physical barrier from the cars hitting the wall of the garage. The City has required wheel stops or curbs in all of the garages. Based on the above a positive finding with respect to LDR Section 2.4.7{B}(5}[Waiver Findings] cannot be made. Standard Aisle Width: Pursuan# to LDR Section 4.6.9(D)(4)(d), the standard aisle width is 24 feet for normal traffic flow with perpendicular parking. The maximum aisle width is 26 feet. The minimum aisle width for two way traffic flow is 20 feet but this dimension can only be used for short distances where there are no parking spaces entering herein. The proposed drive aisle along the south side of the property is 20 feet wide for approximately 270 feet. The applicant has requested a waiver from this requirement. The applicant has submitted the following narrative in support of the waiver: `The waiver being requested is a waiver to LDR, Secfion 6.9.2(C)(3) which requires the minimum paving width for a streef to be 24'_ Our requesf for a waiver is from 24' to 20' for fhe street sysfem for the A/fa Congress site. This waiver is being requested because a slightly narrower road will provide a greafer "neighborhood" feel to the project. If is well-established that narrower roads create a more pedestrian friendly neighborhood as vehicles travel slower on narrower roads. The narrower street also makes it easier for pedestrians to get across the street. The interconnected nefwork of pathways and internal hallways along, through and around the buildings facilitates the pedesfrian movement within the community. The road width reduction also lessens fhe impact on the adjacent landscape buffers, while providing a fire lane that is no less than 10 nor no more than 30 feet from the buildings as required by the Fire Marshal. We have received Fire Marshal approval for fhe fire lane. If SPRAB Staff Report -October 24, 2007 Congress Plaza at Delray - Class V Site Plan Page 15 should be noted fhat the access drive along fhe south side of fhe building is 20 feef wide unfi! it transitions to three (3) lanes at Congress Avenue; an inbound lane and two (2) outbound lanes. The outbound lanes consist of a shared left-thru lane and an exclusive right tum lane. Several other projecfs have been granted similar waivers such as Village at Swlnfon Square, Atlantic Palms, Herifage Club, Highland Grove, Legacy, 0Id Palm Grove and Village Square. The granfing of the waiver (a) shall not adversely affect the neighboring area; (b) shall not signifrcanfly diminish the provision of public facilities; (c) shall not create an unsafe situation; and (d) does not result in the grant of a special privilege in that the same waiver would be granfed under similar clrcumsfances on other property for another applicant or owner." Waiver Analysis: The applicant has inadvertently cited a waiver to LDR Section 6.1.2{C)(3}, which is the required width for streets. This was based on earlier discussions with staff regarding the dimensions ofi this drive aisle. Subsequently, it was determined that this drive aisle was simply a standard aisle that serves the garage and not a private street. It is noted that the applicant has directed staff to utilize this narrative since the justification would be the same as for a standard drive aisle. The 24-foot standard aisle is designed to allow for a safe vehicular path of travel. The reduction to 20 feet is supported for very short distances such as the entrances to a parking tier, where speeds are low. However, the subject drive aisle is nearly the length of a football field, which will allow for greater speeds. The reduced drive aisle will not provide an adequate width for reasonable safety. It is noted that there will be very little pedestrian interaction with this drive aisle since Congress Avenue is accessed via a series of sidewalks/paths that are internal to the buildings. In fact, a sidewalk was not requested along this drive aisle due to this internal system. If the developer anticipates or promotes pedestrian activity along this drive aisle, then a sidewalk should be installed in addition to the 24-foot drive aisle. With respect to the reduction of the landscape area, it is unfortunate that open space will be affected, however, public safety is of primary concern. Based on the above, a positive Ending with respect to LDR Section 2.4.7(8}(5} cannot be made. Site Plan and Engineering Technical Items: The following technical comments were identified during the Master Development Plan review and were noted as technical conditions of approval (see background section of this report). These comments have not been addressed and will need to be addressed .prior to building permit submittal unless as otherwise stated: 1. That a covenant for the workforce units be submitted for approval by the City Attorney's Office and recorded prior to certification of the si#e plan. 2. Per LDR Section 4.3.3{00), generators are required for all interior corridor lighting, exit signs and at least one public elevator. The screening method of the generators needs to SPRAB Staff Report -October 24, 2007 Congress Plaza at Delray - Class V Site Plan Page 16 be graphically noted on the plans. The conflicts between the generators and landscaping must be resolved prior to certification ofi the site plan. 3. Per LDR Section 4.3.3(000), a generator is required for the clubroom. The screening method of the generators needs to be graphically noted on the plans. The conflicts between the generators and landscaping must be resolved prior to certification of the site plan. 4. That the dimensions of the drive aisles within the garage be provided on the plans (24-foot minimum} prior to certification of the site plan. 5. Tha# the locations of the bicycle racks are clearly noted on the revised plans prior to certification of the site plan. 6. That details of the recreational facilities oriented toward teens be provided prior to certification of the site plan. 7. The ventilation and screening method of the garage exhaust system, if required, be provided on the building elevations prior to certification of the site plan. 8. The conflicts between the landscaping and utilities will need to be resolved prior to certification of the site plan. 9. Provide bus shelter easement on plat and install bus shelter. City will provide detail on bus shelter. Location of bus shelter noted. Bus shelter detail needs to be finalized in order for this comment to be removed. 10. Extend cross sections into adjacent properties to indicate how elevations will match exis#ing adjacent elevations. In addition, extend cross section D-D into Congress Avenue to indicate how sidewalk will tie into proposed improvements. 11. Provide copy of certified boundary and topographic survey meeting requirements of LDR Section 2.4.3 (A), (B} and {D}. Existing arades should be taken approximately 10-feet outside all subject property lines for all adjacent properties. Survey shall provide sufficient information to determine historical drainage pattern. Please provide additional grades on south portion of site at least 10-feet outside property line. 12. Provide separate tap for potable water and fire service on north side of property. 13. Exclusive water and sewer easement needs to be at a minimum 20-foot wide. Adjust 15- foot water and sewer easement to at least 20-feet wide. 14. Indicate typical configuration and location of proposed sewer services with cleanouts. A cleanout will be required on the existing sewer service at a maximum distance of 18- inches from the right-of--way line and/or easement line. Provide cleanout a maximum distance of 18-inches from the easement line on non-paved surfaces. SPRAB Staff Report -October 24, 2007 Congress Plaza at Delray - Class V Site Plan Page 17 15. At 20-foot water and sewer easement realign water main and sanitary sewer line to maintain 6-feet from edge of easement and 6-feet separation between each. 16. Submit two sets of revised plans with next submittal to the City of Delray Beach Engineering Department, 434 S Swinton Ave., Delray Beach, FL 33444. In addition, provide a detailed description of how each of these comments has been addressed and reference sheet numberfor accurate review. 17. Final Engineering comments will be generated after submittal of final engineering plans and must be satisfied prior to obtaining a building permit. The following list represents Typical Final Engineering Comments that may be applicable to this project. The City Horticulturalist has reviewed the proposed landscape plan and found that it substantially complies with LDR Section 4.6.9 6. The proposed landscaping consists. of Live Oak trees, Carpenters Palms, Sabal Palms, Purple Glory Standard, Travelers Palms, Alexander Palms, Yellow Elder trees, Montgomery Palms, Teddy Bear Palms, Verawood Palms, Green Buttonwood trees, Yellow Poinciana Palms, Crape Myrtle, Pink Trumpet tree, Washington Palms, Gumbo Limbo trees, Prive# tree, Royal Poinciana trees, Green Mayan Coconut Palms, Rusty Fig trees, Sabicu trees. These areas will be under planted with Hawaiian Ti plants, Jatropha Hastata, Cocoplum, Black Magic Ti plant, Queen Emma, Dwarf Firebush, Simpson Stopper, Dragon-Wing Bergonia, Lady Palms, Song of Jamaica, Coral Creeper, Blue l_eadwort, Dwarf Fakahatchee Grass, Dwarf Yaupon, Yellow Ixora, Wart Fern, Dwarf Alocoasia, Sword Fem, Gold Mound, Small Leaf Ciusia, Yew, Trinet, Split Leaf Philodendron, Giant Monkey Grass, Green Island Ficus, Firespike, Sedum, Ground Orchid - Purple, Mondo Grass, Lady Di, Annuals, and Costa Barbados. Based upon the above, the proposed landscape plan will comply with LDR Section 4.6.16, subject to the following: Transformers: The proposed location of the transformers along Congress Avenue will be visible from the right-of--way. The applicant has relocated several of the transformers to the north side of the buildings. Per LDR Section 4.6.16(H)(3)(n) all mechanical equipment shall be screened. The applicant has indicated that Florida Power and Light will not allow the remaining units to be screened from Congress Avenue. A condition of approval is attached that the applicant submi#s written verification from FPL that prohibits the screening of these transformer, otherwise, they must be screened. Landscape Technical Items: The following Landscape Plan items remain outstanding, and will need to be addressed prior to building permit submission unless as otherwise stated. 1. That the existing trees within the deceleration lane are root pruned and relocated in the Congress Park. SPRAB Staff Report -October 24, 2007 Congress Plaza at Delray - Class V Site Plan Page 18 Y Pursuant to LDR Section 4.fi.18(E), the following criteria shall be considered, by the Site Plan Review and Appearance Board, in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved. a) The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. b) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. c) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive. Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The architectural style of the building is a modern interpretation with a Bauhaus influence. The buildings have a flat roof with raised parapets with differing heights and includes some angled parapets. The building has four primary wal! colors consisting of Hubbard Squash (tan), Portrait Tone (light brown}, Baked Clay (ten-acotta), and Antiquarian Brown (dark brown). The coping will be painted Fairfax Brown (very dark brown). The railings will be painted Greenblack (black) and the trim will be painted Indian White (light tan). The architecture of the building has clean lines that are rhythmic throughout the building. Based on the above, a positive finding can be made that the development complies with LDR Section 4.6.18{E). 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 informatiion 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, The subject property has a Future Land Use Map designation of CMU (Congress Avenue Mixed Use} and is zoned MROC (Mixed Residential Office and Commercial}. The MROC zoning district is consistent with the CMU Future Land Use Map designation. Pursuant to LDR Section 4.4.29(A)[MROC -Purpose and Intent], the MROC District regulations provide for a mix of residential, office, and commercial uses in amaster-planned environment, which is SPRAB Staff Report -October 24, 2007 Congress Plaza at Delray - Class V Site Plan Page 19 controlled through a Master Development Plan. it is desired that the existence of the MROC Zoning District will encourage the development of Class A office buildings, supporting commercial uses and residential units in a master planned environment, which will provide housing {both market rate and workforce), and employment opportunities for the residents of the Greater Delray Beach Community. As conditioned, the development will provide 20% of the units (91) as workforce units. Per LDR Section 4.4.29(8){4}, multiple family developments are considered principal uses in the MROC zoning district. Further, residential units within 1,000 linear feet of the Tri-Rail Transit station {measured by airline route) may comprise 100% of the total floor area of the development master plan at a maximum density of 50 units per acre. If a portion of the parcel is within 1,000 linear feet, this regulation applies to the entire parcel. The Tri-Rail Transit station is located approximately 700 feet east of the subject property, thus, the development is allowed and encouraged to be 100% residential and qualifies as a Transit Oriented Development (TOD) proposal. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map. Section 3.'1.1 (B) -Concurrence: As described in Appendix A, a positive finding of concun-ency can be made as it relates to water, sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. Section 31 1 (C) -Consistency (Standards for Site Plan Actions and Specific Areas: As described in Appendix B, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 3.1.1 (D) -Compliance With the Land Development ReAUlations: As described under the Master Development Plan Analysis of this report, a positive finding of compliance with the LDRs can be made, when all outstanding items attached as conditions of approval are addressed. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives or policies were noted. Future Land Use Element ~biective A-1 -Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The property is currently vacant and contains a road and parking area that were constructed as part of the original Congress Park development. The property was previously cleared in anticipation of development. Given the proximity of the property to the train station, the development presents a prime opportunity as a Transportation Oriented Development. Stand SPRAB Staff Report -October 24, 200'7 Congress Plaza at Defray - Class V Site Plan Page 20 alone residential development of increased density were envisioned for properties in this area (within 1,000 feet of Tri-Rail facility). Transportation Element Policv A-1_,3: The City endorses the continued operations of the Palm Tran Transit System and its operations in Delray Beach, and through policies of this Elemen# related to the TCEA, will coordinate with Palm Tran to improve the system. Studies have shown that the provision of bus shelters to protect riders from the elements leads to increased utilization and mitigates negative impacts to adjacent properties. In order to enhance the mass transit opportunities, a condition of approval is attached that the applicant provides a bus shelter along Congress Avenue. Subject to this condition of approval, the development will comply with Transportation Element Policy A-1.3. Open Space and Recreation Element Policv A-3.1: Tot lots and recreation areas serving children from toddlers to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modifed for residential developments located in the downtown area and for infill projects having fewer than 25 units. As noted previously, the recreational facilities include a pool, tot lot, a fitness room, club room with pool table, and passive recreation area with picnic tables, barbecue facilities and fire pit. The proposed development has complied with this policy with respect to providing recreational facilities for children of afl ages. A condition of approval is attached that the recreational facilities within the club house be labeled on the plans. Housing Element Obiective B-2: Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. Policies, which will implement this objective, include: Housing Element Policv B 2.2: The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide three (3) and four (4) bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area and for infill-projects having fewer than 25 units. The proposed multiple family residential development includes 26 efficiency units, 230 one- bedroom units, 181 two-bedroom units, and 14 three-bedroom units. While the development does not provide afour-bedroom product, the combination of recreational opportunities and three-bedroom units wil[ entice small families. Housina Element Policv B 2.6: Housing in and near the downtown area, In close proximity to employment opportunities and services, is a critical need. In order to help SPRAB Staff Report -October 24, 2007 Congress Plaza at Delray - Class V Site Plan Page 2'I stimulate demand for new housing in and around the Central Business District, the development of new rental housing projects outside of the TCEA and North Federal Highway area is discouraged. The proposed rental development is not located within the TCEA or North Federal Highway area. Therefore, the proposed development does not comply with this policy. Housina Objective A-12: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The addition of residential units within the Congress Avenue Corridor will improve the customer base of the businesses within the area. Further, the addition of residential units within the existing commercial area wi[I improve the security of the area by providing additional "eyes-on-the-street,u particularly in the evening hours. LDR Section 2.4.5(F}{5) (Site Plan Findinasl: Pursuant to Section 2.4.5(F)(5) (Findings), in addition to provisions of Chapter Three, the approving body must make a finding that the development of the property pursuant to the site plan wilt be hanmonious with the adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The property is surrounded by the following zoning districts: to the north, south, and east by MROC (Mixed Residential Office and Commercial), and to the west by OSR {Open Space and Recreation). The sun-ounding uses to the north is the Congress Park office development, to the east by the South Palm Beach County Administrative Complex and Tri-Rail train station, to the south by the Congress Park South office development, and to the west by the Delray Beach municipal golf course. If approved as recommended, the proposed development will be harmonious with the surrounding properties and the City as a whole and will not cause a substantial depreciation of property values. The development proposal is not within a geographical ,area requiring review by the Community Redevelopment Agency {CRA) or the Downtown Development Authority (DDA}. SPRAB Staff Report -October 24, 2007 Congress Plaza at Delray - Class V Site Plan Page 22 Courtesy Notices; A special courtesy notice was provided to PROD, the President's Council and the following homeowners associations: • Neighborhood Advisory Council • Progressive Residents of Delray Letters of objection and support, if any, will be presented at the Site Plan Review and Appearance Board meeting. The. proposed development is consistent with the policies of the Comprehensive Plan and the Land Development Regulations. Also, a positive finding can be made with respect to LDR Section 2.4.5(F)(5) (Findings), as the proposed development does not sign~cantly affect surrounding properties in terms of their property values. The provision of the workforce housing units will assist in maintaining a balanced workforce that resides within the City. Further, the proximity of the development to the train depot will encourage residents to utilize the mass transit system. This is the first development under the new MROC (Mixed Residential Office and Commercial} zoning district and CMU (Congress Mixed Use} Land Use overlay initiative. The proposal also represents the first workforce housing and TOD (Transit Oriented Development} to be considered in the Congress Avenue Corridor under these new overlay districts. A. Postpone with direction. B. Move approval of the waivers and Class V site plan, landscape plan, and architectural elevations for Alta Congress, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(F){5), Section 2.4.7(8}(5}, Section 4.6.18(E), Section 4.6.16, and Chapter 3 of the Land Development Regulations, subject to the attached conditions of approval. C. Move denial of the waivers and Class V site plan, landscape plan, and architectural elevations for Alta Congress, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(F}(5), Section 2.4.7(B)(5), Section 4.6.18(E), Section 4.6.16 and Chapter 3 of the Land Development Regulations. Waivers: 1. Recommend to the City Commission approval of the waiver to LDR Section 4.7.9(c}(i}, which requires that the total number of one bedroom units in any qualifying project shall not exceed 30% (50.9% proposed) of the total number of units in the project, including both family/workforce units and market rate units, based on a positive finding with respect to LDR Section 2.4.7(8)(5}. 2. Recommend denial to the City Commission of the waiver to LDR Section 4.6.9(D)(4)(b}, which requires wheel stops shall be provided for all parking, other than parallel, in the fom~t of concrete or asphalt wheel stops or a continuous concrete curb, based on a failure- to make a positive #inding with respect to LDR Section 2.4.7(B)(5}. 3. Recommend denial to the City Commission of the waiver LDR Section 4.6.9(D}(4)(d), which requires a standard aisle width of 24 feet for normal traffic flow with perpendicular parking, based on a failure to make a positive finding with respect to LDR Section 2.4.7{B}(5). Site Plan Move approval of the request for Class V site plan approval for AI#a Congress, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(F){5) and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Address all Site Plan and Engineering Technical Items and submit four (4) copies of the revised plans. 2. That the site plan be revised to indicate that a minimum of 91 workforce units will be provided. 3. That a bus shelter be provided along Congress Avenue. 4. That the recreational facilities within the club house be labeled on the plans. 5. That a turn lane is constructed along Congress Avenue and that the existing trees are root pruned and relocated within Congress Park. 6. That the height of the building be based on "grade" as defined in LDR Section 4.3.4(J). SPRAB Staff Report -October 24, 2007 Congress Plaza at Delray - Ciass V Site Plan Page 24 Landscape Plan: Approve the landscape plan for Congress Plaza at Delray based on positive findings with respect to Section 4.6.16 of the Land Development Regulations, subject to the following condi#ion: 1. Address all Landscape Technical Items and submit three (3} copies of the revised plans. 2. That the applicant submit written verification from FPL that prohibits the screening of the transformers along Congress Avenue. Elevations• Approve the proposed elevations for Congress Plaza at Delray based on positive findings with respect to LDR Section 4.6.18(E). Attachments: ^ Appendix A ^ Appendix B ^ Site Plan ^ Landscape Plan ^ Architectural Elevations ^ Floor Plans Report prepared by: Scott Page. AICP, Senior Planner SPRAB Staff Report -October 24, 2007 Congress Plaza at ©eiray - Class V Site Plan Page 25 Pursuant to Section 3.1.9{B) Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer- ^ There is an existing 8 inch water main within the property. It is noted that this main will need to be relocated and this will be addressed as part of the plat process. ^ Adequate fire suppression will be provided via installation of a 10 fire hydrants along the perimeter of the development. ^ There is an existing 8 inch sewer main within the property. It is noted that this main will need to be relocated and this will be addressed as part of the plat process. Significant coordination between the developer, owners of the office park and the City will be necessary in relocating the above facilities while maintaining services to the balance of the office park. Pursuant to the Comprehensive Plan, treatment capaaty 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. Drainage: Drainage is to be accommodated vi exfiltration system/swale combination the property. There are no problems obtaining a surtace water permit. Streets and Traffic: a a combination of sheet flow to catch basins that drain to an system with outfalls to the existing lake along the north side of anticipated in complying with SFWMD requirements and thus, A traffic study has been submitted that indicates that the proposed development will generate a p.m. peak hour trip generation of 295 trips and 3,325 average daily trips. A finding of concunency has been received from the Palm Beach County Traffic Division, subject to the construction of a south bound right turn lane along Congress Avenue and accommodation of traffic signal support poles at the southeast corner of the site. Based upon the above, a positive finding can be made with respect to traffic concun-ency. Parks and Recreation Facilities: The proposed units will not have a significant impact with respect to level of service standards for parks and recreation facilities. However, pursuant to LDR Section 5.3.2, whenever a developmen# is proposed upon land which is not designated far park purposes in the Comprehensive Plan, an in-lieu fee of $500.00 per dwelling unit will be collected prior to issuance of building permits for each unit. Thus, an in-lieu fee of $225,500.00 will be required of this development. SPRAB Staff Report -October 24, 2007 Congress Plaza at Delray - Class V Site Plan Page 26 Solid Waste: Trash generated each year by this development will be approximately 0.52 tons per residential unit {451 units) far a total of 234.52 tonslyear. This increase can be accommodated by existing facilities and thus, will not be significant with respect to this level of service standard. School Concurrence: A finding of concurrency has been received from the School District. Thus, a finding of concurrency can be made with respect to schools. SPRAB Staff Repor# -October 24, 2007 Congress Plaza at Delray - Class V Site Plan Page 27 Not applicable ~ Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transporfafion Element. Not ap licabie Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriafely addressed. Not applicable Meets intent of standard X Does not meet intent D. The City shall evaluate the effect that any street widening or trairfrc circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. _Not applicable ~ X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable I Meets intent of standard X Does not meet intent ~i F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complemenfary to adjacent land uses; and fulfills remaining land use needs. Not applicable ~~ A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to franc circulation. SPRAB Staff Report -October 24, 2007 Congress Plaza at Delray - Class V Site Plan Page 28 Meets intent of standard Does not meet intent G. Redevelopment and the development of new land shall result in fhe 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 fhe Housing Element This shall be accomplished through the implementation of policies under Objectr`ve B-2 of the Housing Element Not a livable Meets intent of standard X Does not meet intent H. The City shall consider the effect thaf the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, franc volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stabilify of residential areas. !f if is determined that a proposed development will result in a degradafion of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent 1. Development shall not be approved if fraffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accidenf location, without such development taking actions to remedy the accidenf situation. Not applicable ~ Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to feens, shall be a feature of all new housing developments as part of the design fo accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for inbll projects having fewer fhan 25 units. Not a livable Meets intent of standard X (Subject to the condition that the facilities within the recreation area are provided on the plans). Does not meet intent MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CAROLANNE KUCMEROWSKI THROUGH: DAVID T. HARDEN, CITY MANAGER RICHARD C. HASKO, ENVIRONMENTAL SERV CES DIRECTOR DATE: OCTOBER 19, 2007 q ~ SUBJECT: AGENDA ITEM # ` ' ~ -REGULAR MEETING OF NOVEMBER 6, 2007 BID AWARD/WEST CONSTRUCTION, INCJFIRE-RESCUE STATION NO.4 PROJECT NUMBER 2006-016 ITEM BEFORE COMMISSION This item is before the Commission to consider approval of a bid awazd to second lowest bidder, West Construction, Inc., in the total amount of $2,392,275.00 for the construction ofFire-Rescue Station No. 4. BACKGROUND Bids for this project were opened on Tuesday, September 11, 2007. Ten bids were received. The appazent low bidder was Ocean Gate General Contractors with a bid amount of $2,259,010.00. The apparent second lowest bidder was West Construction, Inc., with a bid amount of $2,272,775.00. The difference between the low bidder and second lowest bidder is minimaL• $13,765.00 or 0.6%. On September 17'", 2007 a review committee consisting of members from the architectural firm, Fire-Rescue Department, and the Environmental Services Department met to review and discuss the awazd to the most responsive bid. A background information sheet is attached for your reference. Second lowest bidder, West Construction, has an exemplary performance record with the City. They have completed several City projects over the last couple of years and have demonstrated their reliability, capability, and their superior quality of work. There is a minor irregularity in the bid from West Construction; West Construction will perform 19% of the work with their own forces rather than the 20% required in the bid. The apparent low bidder, Ocean Gate, submitted a bid package that was incomplete; it was missing a number of items as described on the attached background information sheet. Staff sent a performance questionnaire to the apparent low bidder's references; three (3) responses were received. One reference, while providing limited information, was incomplete in their response which was provided exclusively from their archived records, and they did not complete the form; the second reference responded with an average rating; and the third reference stated that they would not select this contractor again due to: corrective punch-out work needs intense oversight. All responses are attached for your reference. The bid package included Add Alternate 1 in the amount of $20,000.00 to provide underground gas tanks in lieu of a connection to the natural gas line. To provide a more sustainable and reliable gas source for the standby generator, the decision was made to go with the natural gas line. As a result, Add Alternate 1 is not included in the bid award to West Construction. Staff is coordinating with Florida Public Utilities to extend the natural gas line from Congress Avenue to Fire-Rescue Station No. 4 at an estimated cost of $35,000.00; the net additional funding needed for the natural gas line is approximately $15,000.00, funding is available in the account listed below. It was the unanimous consensus of the committee; that based on our collective experience with West Construction, their references, the completeness of their submittal package, and slight difference in base bid between Ocean Gate and West Construction; to recommend that the City award the bid for construction of the new replacement Fire-Rescue Station No. 4 to West Construction, Inc. as the best responsive and responsible bidder for the referenced project. Total bid award includes: Base Bid $2,272,775.00 Plus Add Alternate 3 (Pedestal Flashers) $ 40,000.00 Plus Add Alternate 4 (2" conduits for flashers) $ 4,500.00 Plus Contingency Allowance $ 75.000.00 TOTAL BID AWARD 52,392,275.00 Funding is available from 334-6112-522-62.88 (General Construction Fund/Fire-Rescue Station No. 4) RECOMMENDATION Staff recommends approval of a bid award to second lowest bidder, West Construction, Inc., in the total amount of $2,392,275.00 for the construction of Fire Station No. 4 and to waive the minor irregularity in the bid from West Construction, Inc. that they will perform 19% of the work with their own forces rather than the required 20%. SID AWARD/WEST CONSTRUCTION, INC. FIRE-RESCUE STATION N0.4 -PIN 2006-015 *BACKGROUND INFORMATION SAEET* The numerical low bidder was Ocean Gate General Contractors, located in Stuart, Florida. Their bid package was incomplete and inconsistencies were found which caused the review committee to feel that the bid could be detezxnined as unresponsive. In addition, on September 21, 2007 Ocean Gate submitted additional information to the consultant; this was ten (10) days after the bid opening of September 11, 2007. Some of the items missing from Ocean Gate General Contractors' bid package include: • Incorrect numerical figure in item 6 of the proposal page in that the figure. The figure was to be a per lineal foot figure ranging from $5.00 to $70.00 and their figure was noted, as $1,000.00. Eight of the ten bids received submitted it correctly. • In the question regarding bonding capacity, they indicate an aggregate amount of $2,500,000.00. Since the project is budgeted at $3,204,OOOAO, the aggregate bonding capacity appeared to be insufficient. This was later acknowledged as a "typo" in their additional information packet received after the bid opening. • Insufficient detailed information was provided on similar projects completed within the last five (5} years. • Did not provide information on their staff; as required in Addendum No. 1; A.5 & A.6 -General Questions/Comments. This information was later provided after the bid opening. In addition, Article 7 -Subcontractors, of the City's contract, states: No more than 80% of dollar value of the total contract work may be accomplished by subcontractors. Balance of work must be accomplished by selected Contractor's own forces. Ocean Gate's proposal stated that they would be performing 20% of the work; however, on pages P-1 S & P-16 of their proposal they state that they do not own any equipment that is available for the work; they will not purchase any equipment for the proposed work; and they will not rent any equipment for the proposed work. In comparison, West Construction, Inc. submitted a base bid in the amount of $2,272,775.00 or a difference of $13,765.00 {0.6%) above the lowest bid submitted by Ocean Gate General Contractors. • West Construction, Ino,'s bid provides that they will perform 19% of the work (instead of the required 20%}; and their Equipment and Vehicle Listing (attached for your reference) clearly illustrates that they are equipped and capable of performing the 19%. It is requested that the Commission waive this minor irregularity. • West Construction has successfully completed four similar fire stations in Palm Beach County within the past couple of years and has almost completed a larger Fire-Rescue and EOC facility in Fort Lauderdale. • With respect to bonding capacity, West Construction indicated bonding capacity of any single project in the amount of $15,000,000.00 and an aggregate of $60,000,000.00. • West Construction has an extensive and successful history with the City of Deh~y Beach, including previously completed Machek Park, Rosemont Park and are nearly complete with the New Environmental Services (ESD) Administration Building, three months ahead of schedule. The new fire station is very similar in nature to the new ESD building. a 0 0 ti d .~ F O ,~ ~ N y = ~ ~ ~ ~ ~ w ~ ~ rr Q [..a ~ O ~ .~.d A U , n a 0 N z i~ ~ ~ ~ ~ ~~ J~ ~ ~ '~ o ~ o ~ e o' o ~ o 0 0 o I f ~ ' ~ '~' r.+ O O O O O O O N N O O O O ~ O O O ~~~ it a O O O 01 O O O \D O i/'1 ~ N ~ ~ O G1 ~ b9 ~^ b~} 4~9 6~} 5~} 64 69 ~ ,a b9 59 M O O O ~ Q j C O O O QI O ~~ O O O O O O O O O O ~~ 0 0 0 0 0 0 0 0 0 0 ,~,, O d. bF3 O ~' 6R Q d. ( 64 O d. 64 O .a. 64 O ~ b9 i O d' f '4 ~ Q ~' O ~' 4 ~ O r1" t b 69 b big ~+ 4~ O O O O' O O O O i ~~ b~ O 00 ~ O ~ p O O ~~ I ~ O A~ l ~ , N O N O N N 00 N ~ .~ O .-., a~ ~ ~ ~ O N s b9 69 6~4 ~ 69 b4 U '-'' ~ i O O O 0 1 p O O O O ~ O O O 0 p ~ O O ~ ~ ~ ~ ~ o ~n ~ o o ~ G '1 d- o a d' o, ~ ~ +r v~ Q c1= ~ oo `~ N ~ O ~n ri ~ d ~, ~ a b~ s ~ ~ ~ m 'x ', ~, '~°~ .~ °o a °o, oo °o o °o 0 0 00 ~ o ~n o o o v~ o o : d o _ O _ _ _ _ _ 3 _ ' ~ ~ p ~ ' ~ ~ ~ Q d ~ a r~z .~ v~ N d , a o v~ o M o a, ~ ~ ~ v1 l~ ~O ~ N M 00 t~ ~ O O ~ o U N cal d~ lp Vr ~O I~ 00 .--~ !1^ N ~ N N N 1 M ~ I A 6 9 6 9 9 b 6f3 6 9 b+4 G ? bR ~ ~ U ~ O ~ ~ cJ s C ~ °a a>=i ~ ° U p ~ CJ c ~ ~~ b ~ ~ 3 0 3 ~ ~ i '~ °p °' ~ c°', C7 o o ~ ~ ~ ~ ao w U y ~ c~ ~ a3c ~„~ ~ ^ E 3 3 ~ ~ ~ a ~ o ~ ~ ~ ~a 3 as ~ FROM DiSTRICT_20MMUNICATIONSS-33 PHONE N0. 5615462803 Oct. 18 2007 02:39PM P1 Stuart, F1.34994 772-288-571 b 772-288-5542 CONFIDENTIAL DOCUMENTS PLEASE I~tOTE; TI~r TNFORMATICIN CO'NT`AINED IN THIS TF..AI~SMISSION IS PRIViLEG1;D AND CONFIDF,NTIAIA IT iS INTL~NDED [}NLY FOR THE USE OF THE INI}IVIDUAL OR ENTITY NAMED ABOVE. IF THE ILEADER OF THiS MESSAGE IS NOT THE IN'ITNDTD RECIPIENT; YQtJ ARE HEREBY IdC3TIF3ED THAT ANY T)ISSEMINATTON, DISTRIBUTION OR COPY OF T;:IxS COlv1ML3NICATIOI~T I~ STItCC: i`S.Y E'TtOHIBITED. I.F YDU HAVE RECEiVEi~ T`HiS COMMCINICATION I'~ ERROR, PLEASE I`iOTIFY US I~MIv1E17IATFI.Y AT (772} 2$$-57'IO AND DESTRO'Y' T'HF.. ORIt'iTNAL ME'.S'+A{;I . wavw.tirarfla.fl.ug ~~ ~~.! D T _L Q Z 1 f W 4 1M~ ~i g Q w m b ~.. CS m ~¢ ~ ~ m ~ ,~ ~. w ~ ~ .~ F .~ ~~ ~~ ~ m ~ -i c~ ~~~ ~~~~ ~ ~ ~~ ~ ~~~ ~ ~ m ~--°~~ a~,~ V~~o a~s~ ~d WdZ~:ZO L@0Z 8ti '~~Q ¢y m `m a Z '~ m 0 c ~. 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X ~ F Ii7 Q O ~ ~m ~ ~ ~ ~ ~ •: °c a. tiE s ~ E m N ~~ ~ L ~~ m m G ~ Y @ O ~ ~ ~~ ~ ~ ~~ m ~ ~ ~ ~e~ ~~~ .~ mom ~~ lac ,~~~ m o ~ ~ m gg~~ m~~. ~op~ Uw m0 R o ~ ~ z m $E ~~r ~ ~ ~ ~ ~@ Sd m ` ~ r ~ o # Q m ~~ ~ ~= .~ a ~ ,~ ~ ~ ~~~ W ~ ~ ~. „ o s Q c~ ~ma ~ a.~3 -~+ ~ ~°E ~~'~ mss. ~ ~ ~. ~ s ~o a~ ~~ 2 ~~~ ~ ~ ~ ~ a; ~ *f m ~i ~ ~d WdZf:ZO L00~ BZ '~~0 £08~9t~SI9S : 'ON SNOHd ££-SSNOIla~INflIdWOZ-1SId1SIQ W021d PF20M DISTRICT_20Mf1UNICATIOiJSS-33 PHOhIE N0. 5615462893 Oct. 18 200? 02:33PM P4 ~q G qG 3 ~ F~ L a a S~~a<a ~ aa4agg zz~s~ zz2$za ~'2'c~zzz { rs ~e as '4 +o ~ go]ro ~ w a ia: MMMC7 dl pi MS O4 pi C'3 Oh DqM MMMNl YO': NNN NNiY N NNNNNN NNNNN' f ti i 0 { ~ 1 ~ ~ S { ,r.-r~re- r ~ r:v-rr.- rrr'~- 1 I r t i m s ~ ~ ! '' ti ~ ~ ~ a .~ i ~ m ~ s ' D 3 9 ~' '~ ~ jR~ m ~ ~ p ~ tL ~ C Q ~ ~ $ ~ a _ ~ ~~~ g ' m m ~ m 4 W Q tJl 4 ~ ~g ~ ~ ~ ~ C ~ $ ~ i ~ ~ ~ ~ ~ ~ ~ .Z _m i~~0nn,~ m' ~ ~ ~ C1 mc~ ~ ' ~ { '~ A~~rd G5 of ~e ~~ ~N s C$ G Z i ~ m p~ m•~ ~ ~ ~ c x ~~' - ~~Y1L1C7CP U L11 (3 ri :~wdL~f~ C? 'v R~`4r~7~a V F}2OM D I STR I CT_20MMl~l I CAT I Ot~1SS-33 PHOt~IE N0. 5+515462803 ~2~~ +r, w w +x~ (~._~ ~~ d g r d {tA !V N H a a y.. lam'' r S W L ~ m w ~ ~ ~~ m _ m e $~ gW-~ ~~ ~ ~~ ~~ ~ ~ .~ ~~~~ .. ~ ~ ... ~ C tC ~ ~ ~ ~'~j S ~~~~ ~ .S~ ~ ~ao~ ~ ~;~ ~~~~ ~ a4 ~~ H h r '!~ C gg E O C E m +~ a ~ m o ;~ a ~. e w ~ ° --~ ~ m ~. ~~ ~ m a zz ~ m w a ~ ~ ~ T b g m z ~~ ~ ~ ~a ~ ~ ~ Oct. 28 2087 02:33PM PS ~o :. ~. T 3 WF Z m m e v FROM DISTRICT.~~^1UNICATIONSS-33 PHONE NO. 5615462803 Oct. 18 20x7 02:34PM P6 4 ~ z ~ f~ V ~ ... ~ ~. a ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ z H N N N iV 4 N N cC C ~ ^ n+ ~ ~ ~ V ~ ~ ~ ~ ~ ~• ~ r r v+ 'a r I ~ "` Z}~SS I ~ w r ~ A ~ ~ '~ E ~ c+. ~ m ~ ~~ ~ ~ $ ~ _ ~ ~ ~. s m ~m ~ ~ ~ ~~'~ ~ o ~ .~'~ 5.0. c c s ~ ~d ~~ ~ s ~ .. ~ a ~ ~ ~ ~ ~ ~^ O ~ a `o m o r a`o p~ .°~ ~ ~ ~ ~ Y m ~ ~ ~ ~~ X ~ ~ ~ m ~ ~ ~s~ a w O Q v 4 O ~ ~ ~ ~ ~ ~ O ~ ~ {~ _ ~ ~ ~ ~ ~ ~g ~ S= a3 ~ ~ ~ ~~ `~' ~ o _ ~ ~ ~ c ~ ~ x ~~? ~ m~ ~ e ~ ~~ c~ ... Y, r +p ~ ~ ~ Si O ki a- t C} r o U ~ ~ w m '~ FROM DISTRICT_20MMUNICATIONSS-33 PHONE N0. 5615462BJ3 Oct. 18 2007 02:34PM P7 z ty d 4 .. d `„d' r ti m ~ ~ ff Q J ~ .r a 0 n a 0 d 4 a m '~ as 10108!200? 14:25 7?22885789 h~1C CAPITAL. PRL~JECTS PAGE 01/0b w 0 C 0 4 e~i a a 0 N N w m ,Q E m ~A W 'D IA ~+ 7 t i"' iL u°~E m E a~ Q Z O x N a ~ o N ~ `~ E ~c~ 7 ~ c ~ Ll ~ ~ ~ ~ E ~ to d RI z ~ _ .~ T i~ M ~ ~ m~ ~ p pp G7~ S O `~ ~*~ a ~, a ~ ~, ~ ar ~^~ M daNm '_ ~{ 4.~ a ' o`$tq ~ ' ~ ¢`~ ' o ~ c i v ~ au u~ a e ~ ~ ~ ~ c a vS U r ~~ ! Q U ~ ~ p m z ~ c a ~ ~ ~ Q U ~ a ~ S ti. .,,,, ~" ~ I '~ G Q W ~ . m ~ m ~ :$ ~ ~p ~ U U O a m d m m a m a 10/06!2007 14:25 ~O, 0 z W E 0 m .4 m 7722885789 m d .~ to m c a O C m y Q a ~q C CJ m MC CAPITAL PR©JECTS PaL,E 02106 N ~ U ~7 m ~ N W 7~, Si. ~~~- ~~ $ ~• an a~i ca m a C~ v•c ~ O ,~a7 ~ m ~ D Lam, o ~Z G m p ~ p, tatq~ v y rn "' L~ m tam m ~ ~, ~ N _ ~ m ~ O ~ C m U a l4 ~ ~ ~ O ~ `° ~ y u a E~ E 3 u~ ~~ m ~~ ,pL~ b ~ Qm ~5"O' m ~ ~ G~ ~ q ~ 'a p m i ~ E m o m 97 O 7. ~ D C N ,y EE c! 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OYV Or sS ~ ~~ w_ a w u. ~,~ ~ ~r ~ 4 ~ ~ G c.IDC r. `~ G 7 m O~ c ,Op 61 F C N ~ "' O ~ LL m 0 ~~~ R" 3m m mn ~ ~m~ p~C~~[ ~Tn" ~.W a vm3 9mIDRCa m ~pQ ~mo~ tl1~C~ ca'~ °w~~o~ ~ .=ro. ryaaE ria a°a~~ rr+m'~ O L 0 a c a `a m n a N Z 10118!2©07 14:25 7722885785 h~1C CAPITAL PROJECTS PAGE H3l06 A C O !A 9 V C 0 a aaa~ca¢ ~ ¢ga¢ ¢gaaa z~~zzz ~zz~ ~zzz~ a~#~el'st a vatr~v¢ asre~o-+r: II~~ ~- i NNNNNN N ~~11NNNN N NNNN• :~ m rrrrr r r ~ re`r r~"r rrrrr C m Y d i N ~ a I C ~ a t o ~ ~ i ~ m ~ i ~ ~ ~ g ~ u w r i a ti ' y i ~ QQ ~ w v ~ m ~ ~' c ' ~ ~ c ~ y 3 .fi -o N r ~ ~y m ~~ ~ ~ ~ ~ 3 w v ~ ._ g ~ ~ ~, a o ~ 'W ~ Q ~ ~ °' ~ W B c. t ~ ~ ~ '~ ~~m~ ,~ w ~ ` y a y o c n ~ ~ ~~~ ~ ~ ~ ~ ~z~ ~ o ~ ~ ~ ~€ ~~a - U` wLL~~JC'~~ U ~ N U f t'i US:E~Gl0.a U V' d. U1~itA[!3 U 19/08/2097 14:25 ?72285789 MC CAPITAL PROJECTS PAGE 94/96 Q 4 4 z`z~~ U3 N i!] tCf •J' `tP 'R d A L O S 7 amy ~t p~ L O a a a co'eo ~ ea N fV N N 'G' m C a r~.-~ CyS O T 3 w m c ~~`` 4 y~ N V ~ ~ ~ ~ ro A.~ E w ~ ~ ~ ~ e .S _ ~ a m ~~ 0 ~ ~ ~ ~ $ ~ Y m ~} c aye ~ kph ~Qa° ti ~ ~ ~ ro _ ~ ~ ym~ Tµ F Lu ~ o s ~ Q~ c u~~ ~ ?3a~ a U ~ ~ ~ ~ ~~ N S`{ a- ~ E i w~ ^~ ~ p ~ ~ n ~ ~ N lII m ~ 4 ~ L G „Ctt oCp f '~ :G'7 ,.,,, 7 „a 'c ¢^ i ~ ~ a m '° m iri 4 € o m ~ c mt ~ ~' ~ a w T,~ ~ ~ ~ 7 F ~ ~ ~ C LLS m m 5 a a0 U g z 'd' Q z ~:.J z N N 3 'a L U ~ ~ W 9 2 p U c m a m a~ a A C 10!08!200? 14:25 7?22885?89 MC CAPIT{`,L PR©~IECTS PAGE 05!06 z ~ ~ ~ ~Z ~ ~ ~ ~ ~ .~ 1 ~~~~~ ~~ `z a Z C ^" 0 Y C 4 a w .°c m y Q 3 d m a ~ w +'L r Ci ch M M M M <`'> N N N N N G N it W Ip 'O V S`i G r r r ~ r O `- 8 ~' . ~ a 4 ~~ ~ '~ ~m c.~ c E c ,~ "~ ~' c ~, c m ~, E q v "+ G m c ~ o o .., n ~ r' tv aci ~ _ a~ ~ E m '~ c o ~ b m 9 ~ ~ ~ ~ ~ ~ ?~ ~ ~ ~ m ~ v ~ m N d ~ Y Q ~ O ~ ~ C Cr 4 ~ a '~ ~ t~3/ 'x ~ a w a w Ug ~ ° Q m cs Q ui r '~ ~ a z m p3 L O c m m 0 3 n ~ , ~ ,5 m .~ o ~ ~, a. N ~~ ~~ .... J v°? 'g ~~ ~~ 1L '~- j'C V C '~ y ~ 2 c W E a O eN^ `p U 4 z ~~ '` Z d N m `C °: , m ~ ~ ' J m O ~ m _ N .°.3 ~ E e c a T b Q~ ~ ~ Cf ~ x ~ a a ~ - m ui W ~ Q ~ +:r v co m a c a a a a 10/0812007 14:25 77229857E9 a N w f 0 c 0 v m a~ .~ m v c `~ J a m ~.;.:i .~ a Z: N .- N X d w w ~ z x W O U G Ol IC °v ~ ~ ~ ~ ~ s W O r U MC CAPITAL PROJECTS l/1 x Q V a 0 c 0 PAGE 06/86 Diaz, Jabiel B.ror-~:...,._ Beni#a. Hernandez@dot.state.fl.us _ Sent: Wednesday, September 26, 2007 3:32 PM To: Diaz, Jabiel Subject: Re: Past Pertormance Questionnaire Attachments: Fire Station No.4 Past Per Questionnaire.pdf Fire Station No.4 Past Per Que... Jabiel, ~" The individual that handled this contract is no longer employed by Florida's Turnpike. The file for this contract is not in this office. It was sent to archive/storage. Best I can do is get you some computer data information, as follows: Ocean Gate had contract no. E8g45 The original amount was $656,000.00 The original contract time was 180 days Total payments made $664,565.86 Contractor rating 91.11 out of a possible 100 points Benito B. Hernandez Capital Improvements Procurement Administrator Facilities and Telecommunications Maintenance Florida's Turnpike Enterprise P. O. Box 9828 Ft. Lauderdale, F1. 33310 benito.hernandezc~dot.state.fl.us (954) 934-1265 "Diaz, Jabiel" <diazjc~ci.delray- beach.fl.us> 09/25/2007 09:48 AM Good morning Mr. Hernandez! To <benito.hernandez@dot.State.fl.us> cc Subject Past Performance Questionnaire Please review and execute the attached contractor performance questionnaire. Call me if you have any questions. Thank You, Bob Diaz 1 Page 1 of 1 Hasko, Richard From: Jose Aguila [Jose@cun-iearc.com] Sent: Monday, September 24, 2007 12:19 PM To: Hasko, Richard Cc: Ackerman, Richard; Ballestero, Rafael; Majtenyi, Victor Subject: FS 4 -Bidder info Importance: High Attachments : OGG Itr.pdf Dick, As you know, last week i rece'sved a telephone call from Jason Barbieri with Ocean Gate General Contractors - the numerical low bidder for the Fire Station 4 project -- wanting to know what the status of the award was. With your concurrence, I returned his call and told him what the general feeling of the selection committee's was and when pressed I gave him a couple of examples of our discussion., Needless to say, they were not happy and have sent to my attention, wi#h copies to the Mayor and City Commissioners, the attached letter. Personally, 1 still feel that we (and in my opinion the City) is on solid ground on recommending award to West Construction based on the following; 1. During the pre-bid it was clearly stated, and noted in item A.3 of Addendum 1 that the additional information noted in the instructions to Bidders (referenced in his attached cover letter) was to be provided at time of bid, not within five days. The addendum read as foitows: " 3. Instruction to Bidders sheet IB-l., item 3 states that upon request within ave days of bid that the bidders shall provide reference information. Please revise this item to indicate that all items noted beginning on sheet P-15 through P-16.8 shall be submitted at time of bid and will be considered in the evaluation and selection of contract award. 2. We stated that the numerical low bidder should not ASSU'ViE that they will be automatically be selected to do the work and that previous similar experience with fire stations and municipal work would be a strong consideration. They now indicate a fire station project under construction but it is only one and you would think that they would have "played" that up in their submittal at time of bid. Please note that I have no previous knowledge of Ocean Gate as a company and am not in any way diminishing their credentials, and other that our recent experience with West Construction I also have no previous experience with them. However, in my opinion, and based on the information provided at time of bid, the City would benefit by selecting West Construction for the construction of Fire Station 4 and the attached after-the-fact letter from Ocean Gate does nothing to change my view. I will be happy to meet with you to discuss my opinion fur#her. Joss N. Aguila, AIA, Principal Currie Sowards Aguila Architects 561-276-4951 www.curriearc.com *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** 9/24!2007 s^ ` wiJrit ,_~ f M.k f~ .. tftsfred by sufscotitractors. Balance n,, t ... r ..> ... ,- .. ~ ; -+ , t, > r~alCeB ine7oBOWiR ~' ,;~ .~~ ~ 9 represerttatiais: .~: ,, ,.. _ _. :~,. 8.1 CONTRAGTOR has familiarized itset#wi#~tt're tratur`a and d~`~"'o`~the Contract Documents, Y Work, sate locals and all local condrtrons and Laws ~rtd Regutabons that in any manner rrt:~ af~c't`~ost'~~gr perl~or'r~tanc~'vr ~" "` ._.. ,:,r >t~rF~ts`flt~tg o~ t~ 1~Vdr~: _ .. .. , 8.2 CONTRACTQR has obtained at 1~isftter'own ezpetiseri~nd carefully studied, or assumes resppns-bitif~r for obtarning, a~cl, car lly s~ dyg sort ~nvest~gatiorts, ~xptQrations, and test reports wtsicf~ rt~rrr~to lire subsc oe %o~t~ o a or conk may atfect`tf~ cos} ~rayr~~, pe; ~ '~' ~ ~~~ g~?.,~ to the sate or otherwise ,. ~ ~. ~~nr:e~~r f~ r5 #ng of rite lNark as CONTRAC~'OR cart5rders necessary for tfie perl"ormartce 9r #urnts~hm~ of kt~~ ~j,~rk at the Contract l~iice, within the Contract Price, within the Contract Time and itt accordance with the other terms 4 2 of tl7at~ eafa~he ContractAgcu-~ettttraciud9r3gs~eGificallytltje provisions ofparagraph ~:: tondlfions ar~d narac~dtaonra~,eScaruinatipns, tr~u~eshgataons, explorations, tests, reports, studies or simrlar it~forrnaticart or~~ are orwrtIbei~aquired by CONTRACTOR for such purposes. '6':::.: r: Artiste 8, CONTRACTOR'S RltPRa=SENTATIONS. tri order fo rildf~c~ tt~ ~t`FY~~~'#n'~i~,t~~~en#`'~C~PI~'~.., 8.3 CONTRACTOR has reviewed: and checked alt information and:data shown or indicated on the Contract Documents with respect tp ~xistrrtg. Undergrqurtd. Facilities at or contiguous to the site aid assumes rESponsrbrlrty;for ~o accxarafe iocatbn of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports,. studies or similar rnfsrtxaafton: ~r data:;tn, respect. of. sard ~!~derground ~gilrtres .are or with be required by GRACTQRin order to.,:pet1•ti~ and ~i;irr7rs[t:t~:~~i~I~ar,_~C.atfiae-;COntract Price, within the Contract Time and in accordance wilt the other Perms and conditions of tt-e Contract Documents, including specifically the provisions of Paragra~:ph q,,3.of the General Conditipns, ,,. R -- .v $..4 CQNTF{ACTQR has correlated fhp results of:;,aij such gbservatrpns, examrnatrocts;; rnvastrga~orts, explorah`3rt~;:tests,"'re ort5 grid studies write r Contract Documents. '' ;the terms 2dc! cvnd{tirsns of:ttie 8.5 CONTRACTOR has given CONSilLTANT written ,notice. ~of~ all conflicts, errors or discrepancies that he has discovered in the Contract Docurnel?ts and the written resolution thereof by CONSUt_TANT is acceptable to CONTRACTOf~: '' " ` " ' ' ' 1 Article 9. NO DAAAAGES FOR DELAY. 9.1 All time in the Contract Documents is calculated on a consecutive calendar day basis. Cerre~at Cortdt~; will. be made an:~~ ~rnr~~rit: equ~f ta° 0°/a as establistxed by the . ~ set#ed'ule of luea.:. ,., .: ; 6.0.3 The CITY rs entitled to wrthhotd ambitit~t~adud erOf~`FRACTt3l~ fats any defec#ive or Hart-con#orming work ar for Irquidated damages. 6~~ .'`Final Pay~ertt ~ ~3~+~rtf Vital co~trptehon'an~d a~ceptaiee bl< tfe Wrsr'te~Fi- accordance with p~ragra}sh 151' a#tfita taene"rat'Cdrtdrtiins, t~eJ~l7'Y sh'~Cl pa~~tte re"rrr~~dar of ftte Contract ~''Arice aa r'eicarrthienrtecf`"bpCOt~t~ULT~tVT asr~Fovrd~ad'rn's~id paYa~~pi`i'~15.13. A-4 C~~c+P~1. ~c`1.te General contractors, Inc. 2854 S.E, Federal Highway, Stuart, .FI. 34994 Phone:.(772} 283-6744 • Fax.: (772) 283-1538 lle. No. CG-C062839 September 2 i, 2007 Jose Aquila Currie Sowards.Aguila Architects 1341V.E: 1" Avenue , Delray Beach, FL 33444 RE: Delray Beach Fire-Rescue Station 4 Dear Mr. Aquila: it ~~ ~ ~ ~' ~~, k' f~„ ;~i•` ~ ~~ F 1 ' ~ .:.; i ~ ~..,_..R..~........~..~..._.......ti_._. .. ~~ ~t~~~1l~I~~iC~~°y C~ = ~"- ! ~~ ~~ V In response to your conversation with ow Senior Estimator, Jason Barbieri on Thursday, September 20, , 2007 and pursuant to article 3, "Qualifications of Bidders",. we are "prepared to submit within five days of CITY'S request written evidence, such as financial data, previous experience, present commitments and other such data as may be caked for in the Instructions to Bidders", we respond as follows: 1. We acIrnowledge the typographical error on page 16.1 in the firm's aggregate bonding capacity. We have clarified this error with a letter from our surety company indicating our aggregate .bonding capacity. 2. We have provided the resumes of the proposed Project Manager and Superintendent for your review. Although we are unsure as to the ambiguity of your comment canceming the qualifications of ow staff we have provided an alternate Project Manager's resume in the. event that this will change your evaluation of ow qualifications. 3. The final item concerns item #6', Add Alternate 4, on the Bid Form. We have bid this item as a lump sum alternate based on the fact that the description unit does not specify abreak-cut of file item Additionally, Add Alternate 4 references Sheet C-2 for the proposed 2" conduit and pull string. Be advised, Drawing C-2 does not reference the description in the Bid Form. We therefore would expect the results of this incorrect Alternate Specification to be anon-weighing factor for all bidders. If there is any additional information I can provide to indicate that we are the lowest; most responsible, responsive bidder, and to avoid the need to re-bid this Project, please fees free to contact me and we wilt respond within the time frame set forth in the bid documents. Regards MSCDo President "• Ocean Gate General Contractors CC: Mayor Rita Ellis . Vice Mayor Fred Fetzer 'Deputy Vice'Mayor Brgrida Mosx~ague Cozrimissioner Gary Eliopoulos Commissioner Woodie McDuffie MM/kbf GUIGI~A~D GC~MPANY s u a f_ r Y s o ~v ~ s May l2, 200.6 Ocean Gate General Contractors, inc.. 2854 SE Federal Highway Stuart, FL 34994 I2E: Bonding Reference Letter To Whom It May Concern: Please be advised that M. Gaty Francis of Guignard Company is the agent of record for construction performance and payment bonds far QCearz Gate General Contractors, Inc. The current surety facility is North American Specialty Insurance Company, which is AM Best Rated A+, XY and an the United States Departrrzent of the Treasatry List at $14,591,000.00 single job without reinsurance. Although maximum limits for bonding have not been established, we would consider jobs in the $6,000,000,00 single range and $20,000,000.00 aggregate to be within the "normal" standard operating area for Ocean Gate General Contractors,. Inc. Please be reminded that the surety reserves the riglit to review the file, bond forms, and contract terms and conditions for acceptance prior to the authorization or execution of any performance and payment bonds. Should additional information be required, please feel free to contact me personally at the toll free number provided. ~~ ~.r , Best reg;xtds, M. Gary Francis ,i 1904 SOOtHE CIRCLE • LONGWOOD, PL 32750. PH (407) 834-0022 / (888)-220-3780 • PAX (407) 260-1757 / (888) 220-3228 • www,gtrignardcompany.com ~X%ith extensive experience in con~rnerci.al construction, iVlichael enhances and. supports the Ocean Gate General Contractors Learn by bringing oven ten. years experience to the company. Michael's diverse construction background alIaws him to focus on clients' needs while maintaininr; a fast-track project SELECTED PROJECT EXPERIENCE AIRPORT RESCUE & FIREFIGHTING FACILI'T'Y (ARFF; Ft. Pierce, FL Constrttcrion of ut 8,:i27 squat•e foot masonry one story bttilcfin~~ ancl. sire work at St. Lucie International Airport OKEECHOBEE FIRE STATION #4 Okeechobee, FL Constnution of a. building, wet! system, panting areas, drainaGe and. the appurtenances DIVISION of FORFS~rRY Stuart, TL Etecrinn of a 4,500 SF fire fighting equipment facility, 3,6011 SF parlung lot, 8,000 SF egttipmenc ya,~d and fencing and site work i'~IARTIi\T COUNTY SCHOOL. BOARD Stuart, FL 2800 SF selective demolition and remodel, which alsq includes a three story elevator addition. MARY BRICKELL VILLAGE Miami, I'I. Mieed use retail development on a city block, which consisted of a nine story g.~tr:tge, Publix anchor store with four story garage and seven Brand alone buildings for retail. HARRAH'S CHF.ROKEF CASINO ADDITION Cherokee, NC 15 story hntel addition io existinG Harrah;e Casino. SIC~~RIDGE MEDrcAL CENTER Highlands Ranch, CO New C60,000 SF I-Tospital - Strucniral Steel with siab on metal. deck building and .finishes, as well as an Ambulatory addition and ICU addition occurring in different phases of construction. ,~ - NORTH M:EMORiAL HOSPITAL t ~ Colorado Springs, CO New 1,660.,.000 SF Hospital - Completed ail cast in place concrete structure up to bottom of second floor. 2854 Si: Federal I-iighwap, Stuart, FI.34994 Ph: (772) 283 0744 Fax: (772) 283 1538 www.OceanC?ateGC.com With extensive experience in con~zmercial and municipal construction and .maintenance, Searz enhances and supports the Ocean Gate General Cantractars team by bringing over six years experience to the company. constrt.tction background allows him to focus on clients' needs while maintaining a fast-track project schedule, SELECTED PRQJECT EXPERIENCE ENTERPRISE BUSINESS CENTER Project h4anager for $2.S million, 42,200 squ:zre faot tilt-up warehouse and (8) bay interior build-outs ST. LUC1E INLET STATF, PARK Directional bore -Installation oFis(and water system; re-roofing of seven buildings; dock resrora- rion; demolition of the park's desalination plant MYAKKA RIVER STATE PARK Development and construction of a boardwalk, fishing pla.Cform and ranger residence DUPL'IS PRESERVE Shop replacement -construction of a t, )UO square Foot pre-manufactured building STUART JE,T CENTER Stuart, FL, Installation of Sb Hydro-swing doors; complete restoration as a result of damage caused by Hurricane ,je~tnue MARTIN COUNTY SCHOOLS BUS GAP.AGE RESTORATION Martin County, FL Warehouse repairs of damage caused by: Htarricanes Francis, jeasutc anti 1Xlilnia SCHOOL BOARD OF MARTIN CUUN'I'Y -HURRICANE REPAIRS Martin County, FL Ii~sey Creek elementarv School relix A. Williams elementary School SeaWind Elementary School SCHOOL BOARD OF MARTIN COUNTY - SOUTH FORK HIGH SCHOOL Martin County, FL Hurricane-related demolition and renovauen. BOCA AVIATTON, Boca Raton, FL lnsrallat.ion of 33 Hyciro-swing doors; hurricane repairs 28>4 SE Federal }-Iighway, Stuart, FI.. 34994 Ph: (772) 283 Ci744 'tax: (772} 283 1.538 www.C~ceanGateGC:.com Jeff Willard brings more than 15 years of camm.ercial construction. expe- rience to the Ocean Gate Zeam. His experience in the field focuses or. the needs of the overall project while paying strict attention to OSHA requireix~ents a.nd jobsite safety. SELECT PROJECT EXPERIENCE OKEECHC)BEE FIRE STATION #4 Okeechobee, FL Construction of a building, well. system, parking areas, drainage and the appurtenances DIVISION OF FORESTRY Okeechobee, FL Erection of a 4,500 SF pre-engineered rnetal building, 3.000 SF parking iat, 8,000 SF equipment yard and Fencing and site work AMENITY BUILDING FOR DIVOSTA Naples, Tradition & Wellington, FL Construction of three {3) amentity buildings, one at each location- . THE INDUSTRIAL CENTER Okeechobee; Florida Construe€ion of two {2} 5,000+ SF metal buildings. One is a warehouse and the other is used as an office building. SHONEY'S RESTAURANT Okeechobee, FL Construction of a new bui.Iding to be ctsed as a restaurant Agenda Item No AGENDA REQUEST Request to be placed on: DATE: October 19, 2007 Consent Agenda X Regular Agenda WHEN: NOVEMBER 6, 2007 Commission Meeting Special Agenda Workshop Agenda Description of item {who, what, where, how mach): This item is before the Commission to consider approval of a bid award to second lowest bidder, West Construction, Inc., in the total amount of $2,392,275.00 for the construction ofFire-Rescue Station No. 4. Bids for this project were opened on Tuesday, September 11, 2007. Ten bids were received. The apparent low bidder was Ocean. Gate General Contractors with a bid amount of $2,259,O10A0. The apparent second lowest bidder was West Construction, Inc., with a bid amount of $2,272,775.00, The difference between the row bidder and second lowest bidder is minimal: $13,765.00 or O.b%. On September 17`x, 2007 a review committee consisting of members from the architectural fi.nn, Fire-Rescue Department, and the Environmental Services Department met to review and discuss the award to the most responsive bid. A background information sheet is attached for your reference. Second lowest bidder, West Construction, has an exemplary .performance record with the City. They have completed several City projects over the last couple of years and have demonstrated their reliability, capability; and their superior quality of work. Staff sent a performance questionnaire to the apparent low bidder's references; three {3} responses were received. One reference did not complete the form or provide any performance information, the second reference responded with an average rating, and the third reference stated that they would not select this contractor again due to: corrective punch-out work needs intense oversight. All responses are attached for your reference. It was the unanimous consensus of the committee; that based. on our collective experience with West Construction, their references, the completeness of their submittal package, and slight difference in base bid between Ocean Gate and West Construction; to recommend that the City award the bid for construction of the n.ew replacement Fire-Rescue Station No. 4 to West Construction, Inc. as the best responsive and responsible bidder-for the referenced project. TotaE bid award includes: Base Bid of $2,272,775.00; Plus $40,000.00-Add Alternate 3 (Pedestal Flashers); Plus $4,500.00-Add Alternate 4 (2" conduits for flashers); Plus $75.000.00-Plus Contingency Allowance =Total Bid Award of $2,392,275.00. Funding is available from 334-6112-522-62.88 (General Construction Fund/Fire-Rescue Station No. 4} ORDINANCE/RESOLUTION REQUIRED: NO .Recommendation: Staffrecom royal a bid award to second lowest bidder, West Construction, Inc., in the total amount of $2,392,275.00 for the constru 'on of ire S o, o. ~, ~~~~ Deparhnent Head Signature: ' Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review quired on all items involving expenditure of funds): Funding available Funding alternatives (if applicable) Account No. & Description: 334-6112-522-62,88 General Construction Fund/Fire-Rescue Station No. 4 j City Manager Review: ~ ~~~ G~yt ~~ hCC.~ U/YL ~' ~3/ ~ ~ ~~ ~3/ Approved for agenda: O Hold Until Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:1L•ngAdtniniProjects~2006'',2006-016 (RFY2's - BOX•PROI FILE 2006-005)~.OFFICIAL\Wat Agnd Req Bid Award GC i10607,doc MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager~`~ DATE: October 11, 2007 SUBJECT: AGENDA ITEM ~•t -REGULAR MEETING OF NOVEMBER 6, 2007 IT BUILDING/CITY HALL NORTH WING PROJECTS ITEM BEFORE COMMISSION Staff requests direction from Commission regazding action on the proposals for the new IT Building and the City Hall North Wing remodeling. BACKGROUND Projects were developed last yeaz to remodel the north wing of City Hall to gain needed space and more efficiently utilize existing space, and to construct a new IT building adjacent to and north of City Hall to provide needed space and technological capacity for current needs. The pace of work on both projects has been reduced and/or suspended through the recent budget process to accommodate the prioritization of competing capital projects in view of reduced funding availability. Current project status is as follows: City Hall North Wing . Plans complete and permitted • Contract awarded to BSA Contractors on February 20, 2007, for $533,000. . Contract proposal accommodates construction without staff relocation. IT Buildins • Plans are 100% complete and ready for permitting • Construction budget is $947,000. • Construction time will not exceed six months. A prior issue with a seven month lead time for provision of FPL service to the IT building has MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: PATSY NADAL, SR. BUYER THROUGH: CITY MANAGER ~~ DATE SUBJECT: ITEM BEFORE COMMISSION City Commission is requested to approve award to the second lowest bidder Pristine Water Solutions, for the purchase and delivery of Poly Phosphate at $.769 per lb. for the Water Treatment Plant at an estimated annual cost of $96,894.00, purchased as needed. BACKGROUND Poly Phosphate is an additive for water treatment available in liquid or dry form. It is needed to reduce reversion rate, inhibit scale formation, restrict oxygen permeation and hydrogen generation with corrosion inhibitors to protect water distribution systems from related repair and maintenance expense. Monomolecular film reduces lead and copper leaching to comply with 1991 lead and copper rule. Per the Water Treatment Manager, the City has regularly passed the lead and copper tests which indicates that this product from Pristine Water Solutions continues to be effective. Shannon Chemical Corp. poly phosphate at the lower cost of $0.714 per pound, historical has been unable to pass water sampling requirements for lead and cooper. FUNDING SOURCE Account Code # 441-5122-53b-52.21 (Operating Supplies /Chemicals) RECOMMENDATION Staff recommends the approval contract award to Pristine Water Solutions, the second low bidder, for the purchase of Poly Phosphate at $.0.769 per pound for an estimated annual cost of $96,894.00. Attachments: Bid #2007-22 Tab Sheet Memo from Water Treatment Plant Manager Dated 10/25/2007 Cc: Joseph Safford, Finance Director OCTOBER 30, 2007 MEMORANDUM TO: Patsy Nadal Senior Buyer, Purchasing FROM: John Bullard Manager, Water reatment Plant SUBJECT: PHOSPHATE BID #2007-22 DATE: October 25, 2007 I have reviewed the prices quoted on the Poly Phosphate Bid #2007-22 and recommend that we continue ordering Poly Phosphate from Pristine Water Solutions. They have satisfied all of the specifications required for as long as we have purchased from them. We routinely pass our lead and copper tests which shows that their product continues to be effective. Shannon Chemical Corp. came in at a lower price but my predecessor, Don Haley, and I have both had experiences where they have not been able to satisfy the sampling requirements. I have talked to Dan Flynn of Shannon since the bid closing and he understands my position. Cc: file U:montgomery/wtp/memo/jbullard/poly phosphate bid 2007-22 H m >~~ ~~~ ~~~Z 0 ~ h C $ ~. O~ h U _ ~ ~ ~ ~ a a o °o ~ 00 ~o" y 3 `' ~ 8 0 8 h a K ~ ~' ~ ~ ~ u , r ~ e ~+ 0 ~ W ~ 3 ~ ~ .~ ~~ c~ v A ~ ~ ~ ~ ~ ~ ~ a. ~ ~ ~ ~ 5 N .r '~ $ O ~ ~ ~ ~ ~ Own ~ -~ if ~ ~ b >. 6t ~i U ~ a ~ ~ s ~ z ~ MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director of Community Improvement Janet Meeks, Education Coordinator THROUGH: David Harden, City Manager ~~,~ DATE: November 2, 2007 SUBJECT: AGENDA ITEM #~7• ~ REGULAR MEETING OF NOVEMBER 6, 2007 RESOLUTION 64-07 PLUMOSA ELEMENTARY SCHOOL ITEM BEFORE COMMISSION Approval of a Resolution 64-7 supporting the relocation of Plumosa Elementary School to the Seacrest (old Atlantic High School) site with a Fine Arts Magnet Program for Kindergarten through 8th grade. BACKGROUND Plumosa and one Boynton Beach Elementary School (Galaxy) are under consideration for closure based on decrease in State funding and decrease in enrollment. The School District is currently considering 5 options for these schools. As the District was discussing the options, they received an 11 million dollar Federal grant for 5 new magnet programs one of which is to be a Fine Arts program at PlumosaElementary School. One of the options they aze considering for Plumosa is to create a Kindergarten-8th Fine Arts Magnet program and relocating the school to the Seacrest site as it contains an auditorium. Under this option Plumosa and Galaxy would be closed on their current sites. This option would allow fora "modified" middle school of the arts program in the south county area which has been one of the goals of the City of Delray Beach. As the District will be making a decision in one of their upcoming workshop meetings, it would appropriate at this time for the City Commission to make a formal statement through Resolution 64-7. RECOMMENDATION Staff recommends approval of Resolution 64-7supporting a Plumosa Kindergarten though 8th grade Fine Arts Magnet program on the Old Atlantic High School Site with copies of the Resolution to be sent to the School Board Members of the School District of Palm Beach County and Superintendent Arthur C. Johnson. RESOLUTION N0.64-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING A PLUMOSA K-8~ FINE ARTS MAGNET PROGRAM ON THE SEACREST SITE (OLD ATLANTIC HIGH SCHOOL) WHEREAS, the City of Delray Beach places a high priority on providing its students with the best educational opportunities possible; WHEREAS, the City of Delray Beach supports the conversion of the Plumosa Elementary school to a Kindergarten-8`~ model that incorporates a Fine Arts Magnet Program, WHEREAS, the City of Delray Beach supports the relocation of Plumosa Elementary school to the Seacrest (old Atlantic High School) site to accommodate aKindergarten-8~' grade Fine Arts School that could be built in phases as the demographics show the need for middle school capacity; WHEREAS, providing a Fine Arts Magnet Program for elementary and middle school students on the Seacrest site provides parity for students that live in the south county area; WHEREAS, the City of Delray Beach would entertain entering into a partnership with the District for the future use of the existing Plumosa site if the school were relocated to the Seacrest site; and WHEREAS, the City of Delray Beach will work with Old School Square Cultural Arts Center to create a community partnership to enhance a Fine Arts Program at Plumosa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The City of Delray Beach supports a Plumosa Kindergarten - 8~' grade Fine Arts Magnet Program on the Seacrest site. Section 2. The City of Delray Beach affirms its willingness to consider a partnership with the District for the future use of the existing Plumosa site if the school is relocated to the Seacrest site. Section 3. The City of Delray Beach affirms its willingness to continue its support of Palm Beach County Public Schools that serves south county area students. Section 4. The City Clerk is hereby directed to provide copies of the resolution to the School Board Members of the School District of Palm Beach County and Superintendent Arthur C. Johnson. PASSED AND ADOPTED in regular session on this the 6`'' day of November, 2007. MAYOR ATTEST: City Clerk MEMORANDUM TO: DAVID T. HARDEN, CITY MANAGER THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT FROM: JANET MEEKS, EDUCATION COORDINATOR DATE: October 26, 2007 SUBJECT: Plumosa Elementary School Last Monday, the Mayor and I met with Carol Shetler, South Area Superintendent regarding possible changes to Plumosa Elementary School. Two major factors are requiring the School Board to look at is Five Year Capital plan: decrease in State funding and decrease in enrollment. Currently there are three schools listed in the five year plan that are to receive modernizations. The status of those three schools is: Forest Park (Boynton Beach) is temporarily being housed at the Seacrest site while their new school is under construction. Plumosa (Delray Beach) is currently in architectural stages for their modernization with an opening date of 2009. Galaxy (Boynton Beach) is slated for modernized in the future, but no plans on the table at this time. The District is discussing modifications to these schools as they are small (a population less than 500 students). If one or two of the schools are eliminated, the District would be able to save a large capital outlay. To complicate matters even more, the District has recently been awarded an 11 million dollar Federal grant to provide 5 new magnet programs. Forest Park will receive an elementary IB program and Plumosa will receive a fine arts program. Here are the different options the District is considering: Option 1: Close Galaxy and enlarge the footprints of Forest Park and Plumosa to accommodate the new population. The African American community surrounding Galaxy is a huge supporter of that school and would most likely not support the closing of Galaxy. The change in boundaries could easily be accommodated between Forest Park and Plumosa. Option 2: Close Plumosa and shift Plumosa children to the north and west. This would jeopardize the grant money and it would create a challenging boundary scenario and increase a high needs. population at Galaxy. Option 3: Create a K-8th fine arts magnet program on the Seacrest site and close Plumosa and Galaxy on their current sites. This new school would still be named Plumosa since the grant was written in its name. Boynton and Delray Beach could have the option to purchase the land where the old schools were situated. Boynton Beach may still be concerned with closing one of its schools, however the Seacrest site is easily accessible and situated just south of their border. This option would allow fora "modified" middle school of the arts program in the south county area which has been one of the goals of the City of Delray Beach. The K-8th model has been successful in raising academic achievement in other parts of the country as well as Village Academy. It also provides for a more nurturing environment for the students. Options 4: Close both Galaxy and Plumosa and redistrict these children into area schools. This would create challenging boundary scenarios and increase high needs populations in the surrounding schools. The Federal grant money would be in jeopardy for the fine arts program. Option 5: Make no changes and continue as planned. Situation Assessment: Plumosa Elementary School Analysis Plumosa and one Boynton Beach Elementary School are under consideration for closure due to declining enrollment. We are recommending the City Commission advocate for the continuing service and planned modernization of Plumosa for Delray Beach students. Currently there are three schools listed in the Palm Beach County School District (PBCSD) five year plan scheduled for modernizations. They include Galaxy and Forest Park Elementary Schools located in Boynton Beach, and Plumosa which is located in Delray Beach. All three schools are being considered at this time for significant changes. Please see the attached memo for details of the options that the District is currently considering. The City of Delray Beach should be concerned as two of the options are to permanently close Plumosa. It should be noted that there is enough existing capacity in the surrounding geographical area (Pine Grove, Orchard View and Crosspointe and Forest Park) to accommodate Plumosa students if it were to be closed. According to the District Galaxy students can also be absorbed within a similar geography is it were to be closed. Plumosa would involve relocating 377 students vs 477 at Galaxy. Reasons to advocate for Plumosa to remain open and relocated to Atlantic Hiah School Site: Synergy benefits exist for both PBCSD and Delray Beach • The District has a commitment for approximately $2,000,000 Federal Fine Arts Grant to start a new magnet at Plumosa The provision of an arts related program would be the only one of its type in south County which provides parity for the District • There is an opportunity to partner with District to consolidate K-8th at adjacent old ACHS site which could allow the creation of an innovative workforce housing model on Plumosa site • There would be a cost savings for PBCSD with "one campus" similar to Village Academy model. This type of model has proven to be a nurturing environment with increase in academic achievement for students • Plumosa is under City consideration for an expanded Beacon Program; opportunity to expand to successful K-8 Village model that includes at risk middle school children • Supports City's goal of creating a middle school of the arts program on old ACHS site • Old School Square's commitment to partner with Plumosa Fine Arts Program • There is an existing Auditorium at old ACHS site that is not being utilized -cost savings to District • The District and school children will benefit with use of newly renovated soccer fields • Plumosa enrollment is up 10 % vs year ago, and all Delray Beach schools have seen a 1 % aggregate increase vs '06-07 school year; elementary schools are generally growing at an even higher rate. Community Hardship for Students and the Community if Closed: • Student bussing to schools further from their homes • Does not met the Goals of the District to provide neighborhood schools • Potential neighborhood blight for the Northeast section of the City • Potential for overburdening already challenged schools with academically disadvantaged students • Potential for county to lose fine arts grant since grant was written in Plumosa's name • Delray Beach looses an opportunity to enhance city's educational offerings to its residents Recommendation: 1. Encourage Plumosa Families, PTA and SAC to support the Fine Arts Program at the Seacrest site and send letters of support to the District offices 2. Encourage elective officials to make personal calls to School Board members 3. Create a Resolution to relocate Plumosa to old ACHS and provide a k-8th model with a statement that they start with k-5th and add a grade each year after as middle school demographics shows the need. Resolution to be adopted at CC meeting of November 6th 4. Seek a letter of support from Old School Square outlining their commitment to a Community partnership with the school and how they can help to enhance/support fine arts program 5. Send a representative to District workshop meeting to read into the record City's Resolution. 6. Seek City of Boca Raton's support for a south county Arts program for their children to attend AGENDA ITEM NUMBER: AGENDA REQUEST Request to ~d-vrt:-Noyrember 06, 2007 ' G~~r~_ Date: October 30, 2007 _ nt Agenda Special Agenda Workshop Agenda Description of agenda item: Ciry Commission is requested to approve award to the second lowest bidder Pristine Water Solutions, for the purchase and delivery of Poly Phosphate at $.769 per lb. for the Water Treatment Plant at an estimated annual cost of $96,894.00, purchased as needed. ORDINANCEIRESOLUTION REQUIRED: Draft Attached: YES NO X YES NO Recommendation: Staff recommends the approval contract award to Pristine Water Solutions, the second low bidder, for the purchase of Poly Phosphate at $.0.769 per pound for an estimated annual cost of $96,894.00. 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 X No Funding alternatives: Account Number: 441-5122-536-52.21 Account Description: OPERATING SUPPLIES /CHEMICALS Account Balance: $ 921,fi50.8fi City Manager Review: Approved for agenda: es No Hold Until Agenda Coordinator Review: (if applicable) Received: Action: Approved Disapproved MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: R. BRIAN SHUTT, ASST. CITY ATTORNEY +~ ~~'~- THROUGH: CITY ATTORNEY ~~~ DATE: NOVEMBER 1, 2007 SUBJECT: AGENDA ITEM # -REGULAR MEETING OF NOVEMBER 6.2007 RESOLUTION 65-07/TEMPORARY MODIFICATIONS TO US 1 ITEM BEFORE COMMISSION This item before the Commission is Resolution 65-07 which provides that the City will install temporary features along US 1, to reduce the two one-way streets from 3 to 2 lanes between SE 10~' Street and George Bush Boulevard. BACKGROUND The City is applying for a permit from FDOT to allow the City to install temporary features along US 1, to reduce the two one-way streets from 3 to 2 lanes between SE 10"' Street and George Bush Boulevard. At the end of the study period a determination will be made regarding the success of the temporary measures. If the results indicate that the temporary measures are successful then the City will begin implementation of permanent improvements utilizing the Transportation Bill Earmark, which the City received in the last US Transportation Appropriation Bill. If the temporary measures are not successful then the City agrees to remove the temporary measures and return US 1 to its previous configuration. FDOT has requested this resolution as part of the permitting process. RECOMMENDATION Staff recommends approval of Resolution 65-07. qI RE50LUTION NO.65-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A TEMPORARY MODIFICATION OF THE TWO ONE-WAY STREETS OF US-1 FROM THREE TO TWO THROUGH LANES BETWEEN SE 10~ STREET AND GEORGE BUSH BOULEVARD. WHEREAS, The City of Delray Beach, Florida desires to temporarily modify US-I between SE 10~' Street and George Bush Boulevard from three lanes to two through lanes. The City will evaluate the traffic performance of the temporary installation and will only maintain the temporary features and installations on US-1 proposed by the City until such time the City removes them. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: do 1 That the recital set forth above is incorporated as if fully set forth herein. Section 2. The City shall be responsible for the installation, modification, maintenance and eventual removal of the temporary installation including but not limited curbing, signing, pavement marking, landscape and traffic control devices. The City shall be responsible for restoring modified areas of US-l within the project limits to its original or better condition including resurfacing and re-striping of damaged pavement areas as accepted by FDOT. FDOT will keep maintenance responsibility for the remainder of the roadway elements less the temporary features installed by the City. PASSED AND ADOPTED in regular session on this the _ day of _ .2007. ATTEST: MAYOR City Clerk MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~~ DATE: NOVEMBER 2, 2007 SUBJECT: AGENDA ITEM # l•u • REGULAR MEETING OF NOVEMBER 6, 2007 APPOINTMENT TO T~iE DELRAY BEACH HOUSING AUTHORITY This item is before the Commission for appointment to the Delray Beach Housing Authority. The -term for Mr. Gary Rosen expired on October 27, 2007. Mr. Rosen has served one (1) full term and would not like to be considered for reappointment. This creates a vacancy for a regular member to serve a four (4) year term ending 6ctober 27, 2011. Per Florida Statute, Chapter 421, an appointee may not be an officer or employee of the City. The following individuals have submitted applications and would like to be considered for appointment: See Exhibit "A" attached: A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Ms. Christel Silver. According to Florida Statutes, members are appointed by the Mayor and ratified by the Commission. However, at the City Commission meeting of June 5, 1991, a consensus was reached whereby each Commissioner would, on an informal basis and according to the rotation procedure, make a recommendation to the Mayor as to the Housing Authority appointees. Based on this system, the recommendation/appointment will be made by Mayor Ellis (Seat #5} for one (1) regular member to serve a four (4) year term ending October 27, 2011. Recommend appointment of one (1) regular member to the Deh~ay Beach Housing Authority for a four (4) year term ending October 27, 2011. DELRAY BEACH HOUSING AUTHORITY EXHIBIT "A" Edward Desmond (currently serving on the Public Employees Relations Commission) Joe Farkas Gerald Franciosa (also applying for the Neighborhood Advisory Council) Irene Frazier Philip Friedman (currently serving on the Nuisance Abatement Board) Gaston Joseph (currently serving on the Neighborhood Advisory Council) Pearl Markfield Elrod (also applying for the Neighborhood Advisory Council) Christel Silver Alan Weitz Phyllis Willingham (also applying fox the Neighborhood Advisory Council) DELRAY BEACH HOUSING AUTHORITY 4 YEAR TERM 770 SW 12a' Terrace Delray Beach, FL 33444 07/07 TERM REGULAR MEMBERS EXPIRES 07/14/2008 Joseph Bernadel, Chair Unexpired Term 07/16!02 Reappt 06/08/04 07/14/2010 Alfred Etienne Unexpired Term 03/02/99 Reappt 07/02/02 Reappt 07/11/06 07/14/2010 Sylvia Morris Unexp Appt 07/ 10/07 07/14/2009 Angela D. Randolph Appt 07/24/01 Reappt 06/21/05 10/27/2007 Gary Rosen Unexp Appt 07/22/03 Reappt l]/04/03 03/06/2010 Morns L. Weinman Unexpired Term 03/06/0] Reappt 02/05/02 Reappt 02/21/06 07/14/2010 Thuy Shutt (Twee) Appt 07/ 11 /OG Director: Dorothy Ellington Contact: Nina Levina/Jackie 272-6766 X-18 nlevine@dbha.org Housing Authority 278-4937 Fax 272-7352 S/City Clerk/Board 07/Delray Beach !lousing a~-wc~c~ty 1993 2001 CITY OF DELRAY BEACH R~G'E~~E~ BOARD MEMBER APPLICATION ~~~ p 3 20~~ G1TY Please type or print the following information: 1. Last Name: jj~~ j 2. Home Ad ss: ~' ~. h ~ ~ a ~ ~~~ 3. Legal Residence: ~e Name r Ci State lha, ~ ~ ~~ City State M I. Zip Code 33 y8 y~ Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: 6. Date of Birth Business Phone: E-Mail Address: Cell Phone: Fa~c: 7. Are you a registered voter? If s-o, where are you registered? 8. What Board(s) are you interested in serving? Please list in order of preference: ~a ~ ,•, A ~ o~. ! 9. List all City B~ on which you are currently se in or ve previo ly served: (Please include dates} ~t~0 ~ ~ a ee e ~' ~~~1 SSiQ 10. Educational qualifications: ~I~S ~. Sew ~i'~~c ~~ ~.. 11. List any related professional certifications and licenses which you hold: ~e Je a ¢~ 12. Give your present, or most recent employer, and position: . ~~ 13. Describe experiences, skills or knowledge which qualifyyou to serve on this board: (Please attach a brief resume) l~~~s~ S~~ -f~ t~ 4 e~ I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this applicatio ay cause forfeiture upon my part of any appointment I may receive. SI NATURE DATE G~ERK io~s v Note: This application will remain on file in the City C~erl~s Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. EDWARD C. DESMOND 5473 Grande Palm Circle Delray Beach, Florida 33484 (S61) 496-5393 PROFESSIONAL EXPERIENCE 1999 -Present CARDINAL FURNITURE, L.L.C., Delray Beach; Florida Owner .1.996 -.1998 C.T.P. FURNITURE; Stratford, Connecticut Vice President -School Division 1989 - 1995 DMS ASSOCIATES,. Fairfield County, Connecticut Management Service Consultant 1987 - 1989. TOWN OF WILTbN, Connecticut First Selectman (Elected Office) , 1977 - 1983 WILTON PUBLIC SCHOOLS, Wilton, Connecticut .Director o,~1f'Management Services 1972 - 1977 WESTPORT SCHOOLS, Westport, Connecticut Comptroller 1965 - 1972 DANBURY PUBLIC SCHOOLS, Danbury, Connecticut Assistant to Superintendent for Business/Finance 1964 - 1965 SOUTH SCHOOL, New Canaan, Connecticut Teacher PLYMOUTH STATE COLLEGE, Plymouth, New Hampshire 1959 - 1960 Principal of K-8 Laboratory School, and Director of Student Teaching 1957 - 1959 Supervising Teacher- 1956 - 1957 CONWAY ELEMENTARY SCHOOL, Conway, New Hampshire Principal 1954 - 1955 PINE TREE SCHOOL, Center Conway, New Hampshire Teaching Principal OTHER EXPERIENCE 1983 -1986 Small Business Owner Westport, Connecticut 1972 =1977 FAIRFIELD UNIVERSITY, Fairfield,. Connecticut .Teacher of Graduate Courses in Negotiations UNNERSITY OF BRIDGEPORT, Bridgeport, Connecticut Teacher of Graduate Courses in Finance 1960 --1964. Owner-Real Estate/Construction Business Plymouth, New Hampshire Park Commissioner. (Elected Office) Plymouth, New Hampshire . Precinct Commissioner (Elected Office) Plymouth, New :Hampshire Alternative Representative to House of Representatives Plymouth, New Hampshire EDUCATION ' 1970'-1 g72 1966 -19.68 1956 -1958 .1950 -1954 National Association of School Executives University of Bridgeport, C.A:G.S. Boston University, M.Ed. Plymouth: State College, B.S. PROFESSIONAL AFFILIATIONS • Connecticut Association of School Business Officials President-Elect 1"972-73 /President 1973-74 • Connecticut Association of Superintendents • Conway Teacher Association President 1955-56 • Danbury Association of School Business Officials President 1970-71 / 1978-80 • National Association of School Business Officials • Phi Delta Kappa Vice President- Bridgeport :Chapter 1972-73 • National School Supply and Equipment.Association • Boca Raton Chamber of Commerce • Delray Beach Chamber of Commerce • "Council of 100 Club" • Public Employees Relations Commission, Delray Beach 2002 • Palm Beach County Republican. Executive Committee 2002 au-~c~s~- ~G~w E+~ CITY OF DELRAY BEACH R BOARD MEMBER APPLtCATiOt~C~ a 4 ~~~~ iooi ~~'~~ GL~RK Please type of punt the followin;; infotnnation: /~y~o S 1. Last Name: Farkas First Name Joe . 2. Home Address: 767 NW 371 tlve City Delray Beach State FL Zip Code 33445 3. Legal Residence: Same as-above City State Zip Code 4. Prirzdpal Business Address: 4920 W. Atlantic Ave Ciry Dekay Beach State FL Zip Code ,13445 5_ Home Phone: 6. 561 4994578 Business Phone: 5C,1 495 2770 E-Mail Address: JFARI;~,S@Peninsula Bank.corn Cell Phone: 561 271 7651 Fax: 561 495 9844 7. Uace of Birth 8_ 1-ZS-1960 9. Are you a registered voter? If so, where are you rcgist:eted? 10. Palm beach County ' Yes 11. What Board(s) arc you interested in serving? Please List: u~ order of preference: 12. CItA, Historic prescrv3tion, Atlantic corridor. growth ~~ ~[~ '~ 13. 1~tst all Ciry Boatd& on which you are cutxendy serving or have previously served: (Please indude dates) 14. C.1tA of Dekay 1996, Lantana Chamber of Commerce( Present) 15_ Educational qualifications: Bachelor of Business Admitusrration 16. List any related professional certifications and licenses which you hold: Series 6 Liccose 17. Give you= present, o= most recent employer, and position: Peninsula Bank Branch Manager 18_ Desrntie experiences, skills or knowledge which qualify you to serve on this board (Please attach a brief resume) 19. 23 years of being involvtd in the community, 1 S pears having die privilege of living in Delray BEACH. 20. My career in Banking has bten for over 21 peazs working as a Manager and Loan officer_ During that time Y have supervised employees, worked on Business Development and dioroughlp enjoyed the epportuniry of workuig with the public and serving thtir various needs. I hcZeUy certify that the above statrtnen~s arc t=ue, and I agree and understand that any misstatement of material facts twined in ~s ap cation map caust forfeiture upon my part of any appoinunrnt I map receive- T 1 U-40G 5I ANRE D11TL • , ~., r ~ ~_~_ . Note. 17z1s apphcatlon wll! zematn on me ia. me «ry ~,icix s viu~.c ivi d Ycuvu ~i< <. ~ cam uvtLa u.~. ua« a~ ..ate Submitted- It will he the applicant's responsibility to enstue that a cuaent application is on file. _ TnTAL F.~3 flay-16-05 05:19pm From-WASHINGTON ' ''lAL +5616898506 T-182 P.03/03 F-809 JO-E J. PARKAS 7 37 Northwest 37th A4enue De{ray Beach, Florida 33445 (561) 499-4:78 Cell:. (561) 271-7fi51 OBJECTIVE :: eeking Management position with growth oriented organization where my skills and Experience can be utilizE:d_ SUMMARY OF QUAD FICATIONS Professional offering exceptional managerial, organizational and motivational experience in finance industry Proficient in coordination and implementation of multi task responsibilities • Excellent communication and public relation skills with strong emphasis on customer satisfaction • FOSSeSS nigh wOfK eTnrC with velSaulily a~ w Nc~ acverance • Experience in traininc and motivating sales and service representatives. •~ Continuously exceeds goals. ~~ Productive in effective: time management to ensure schedules are met •• Effective team player and proven troublesh~~oter EXPERIENCE 11!00.-Present ','VASHINGTON MUTUAL BANK, West Palm Beach, Florida ,1sst, Vice President/~cfnancial CenterManage~ ~• Hire, train and motivate staff of 15 to becon~-e effective bankers.. Attained mortgage and consumer loan growth of 125% to 175% .- Develop and maintain positive business relationships and community contacts •- Realized 1.00°!° goat ~3ttainment for the pass; four years 11/92 ~ 1'1/00 .~MTRUST BANK. Boc~~ Raton, Florida .'.oan Officer ,(3/97 - 1.1100) - Processed loans frori origination to closincl - Produced $19 million in mortgages during Mme 12-month period - Underwrote and approved authority for equity loans up to $250.000 t3ranch Manager (6/93 - 3197) - Managed staff of 21 in sales and operations of $500 million branch (largest branch in system nationwide) - Provided high. customer service levels emphasizing problem resolution and staff development Loan Oftricer(11 /92 -X6/93) Solicited.builders, developers and realtors to originate loans - Generated $15 miNion in mortgage from 1~J92 to 6193 4/85 - 10/92 CALIFORNIA FEDERAL SAV-NGS 8~ LOAN 8raf?ch Manager Created customer a~~rareness by developing and implementing marketing programs and soliciting outsidE~ business - Branch consistently :3eihieved over 100% ct produeiibn gods .--.---- ~-----.~~ ~ ___:~~:_~ ._ gam, .r:~~:-_ Ra~helnr ~f 6u4iness Administration _ OELRAY. BEACH ~~~~~~~~ ~ ~ CITY Of DELRAY BEACH V ~l ~! 2006 ® BOARD MEMBER APPLICATI~ ~~~ iooi C~-~~( GL _ Please type or print the Following information: r~/~~~ 1. Last Name: ~ Name ~/ "/ M• ~,. . 2 Hom Add e ress: ~ ~~ ~~ .~ 3 Le al R id ~ City ~~G Stat G ~' Zip Code 3 . g es ence: Ci t3' State Zip Code 4 Princi l B i Add . pa us ness ress:. City State Zip Code S Hom Ph Bu . e one: siness Phone: E-Mail-Address: - Cell Ph e• Fax: 6. Date of Birth C O 7. Are you a registered voter? f so, where are you registered? /.~ 8. What Board(s) 'are you irate ted in servin ?Please list in order of preferenc CnA~~ ~ Nz=ve~~iYt~e~/7' C ~ rrfi~ ,A~i,t~ '~• ~d. ~~%ct~2f~ i2 ... '4/~ mil r~~-,,~c~ .~i~ '' ~ ~ . ~ ~' . s: ~ E~,/ ~~~ List all City Boards on wlueh y u are curt y serving or have previously served: (Please include dates) . 10. Educational gi~ali6cations; c ~~ 11. L`tst any related professional certifications and licenses which you hold: ® C.~~ Cam" ~c~,.~~,,,~-' E- 12. ~ Give your present, or most recent employer, and position:. /tQ~O 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) f" ~ 1 ~ /l~v~C_ ~ , ~_ I he erti that ail the above statements are true, and I agree and understand that an " ~s ent of ma 'ai facts con ed • 'application may cause Forfeiture upon my part of any appointmen~(I may rece~e. -~_ ~ ._ DA3'E Y _. I ~~f I.riis application will remain on ,file in the City Clerk's C_-Efice for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. ubi11iU7 MON 13:06 FAX 56""a337~q CITY CLERK ~ 002 DElRAY BEACH ~~~ o ~ o cltir ~ ~ CITY OF DELRAY BEA H ~ ~. a 1~4 ~~ .. ~~~< © SaARD ME~VIBER APR~,~~A7"I ~~ J~ 7993.. ~ " .,z 2001 Plcasc type or print the followink 1. Last Name: ~/~ ~~ mformatton: Name ~ ~ -r-n i r-- M.I 2. Home Address: ~--' " G Ci St`t~: ~ Code 3. Legal Residence: . ~3o StW, ~ 1 ~ ~c.~ City State Zip Co e 4 Princi al Busines Add . p s ress: • , - City State Zip Code ~~~ ~y ~ ,~: 33 ~~~ 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: ~1 ~~~ ~~s a~q - ~~ ~a ~:~ ~. Date of Sixth 7. Are you a rcgistcri:d voter? If so, where are you registered? ~13 `~ 2 ~ - $. Wharl3oaxd(s) arc you interested ir< ser_viflg? I~lease list u~ order of.preference: 9, Listall Giry Boards on, bich`~ou currently selvin r have previously sere -' .lease include-dates) ~~ J 10. Edurationat qualifications: ~- ~. ~ ~ 72_ Lis y zelated professio trfcations and licenses which yo'u hold: ' 12. Give your pr ent,. or most ze nt employ , as position: ~. r 13. Describe experiences, skills ct knowledge which; qualify you to setvc on this boazd: (Please attach a brief rn~,.me} %,• J I hereby certify that all the above statements are true, and Y agree and understand that any misstatement of material facts contained in this ap lication f f i p may cause or e ture upon my part of any appointment I may recei a ~ O -' ~IGNATUItL DA - - - r r--------- ----- ~-- -...... ~~• -u~ •1. ~+-« ~.~~y ~.~c~.~ s vrnce rot s peaoa of L years from the date 1t waS subr<-itted. It will be the applicant's tesponsibitity to etisurc that a cuntertt application is on file. CITY OF DELRAY BEACH DECEIVED BOARD MEMBER APPLiCATtON Please type or print the following infomnation: OCT 0 1 20U7 ~~~9~~ RK 1. L~~Natiie: ~•1 F' ~~'V'7,' " N e ~ i I 1~L I. 2,.,H ~e As~ ~~ 0 ~ 2 l . S to Zi Code 3. Legal Residence: City State Zip Code 4. Principal Business Address: City State Zip Code S. H©me Phone; Busir<ess Phone: E-Mail Address: Cell Phone: Fax: 6. Date of Birth / ~L 3~T L 7. Are you a registered voter? If so, where are you registered? e Cj ~ C 2 8. VPhat Board(s) are you intereste in serving? Please list in order of preference: /mar 9. List all City Boards on w 'c .you a currently s - g or have previously served: (Please include dates M ~ G. ,/I~ .~yJ ~ IIr L~ - , 10. Edixcational quali Lions: 11. List any related professional certifications and licenses which you hold: 12 -Give your p esent, or mostre ent a ployer, an'd1position: J-el S ~ V +-CJ ~~ R- ~ ~ T' 1 1 escribe experiences, s ' s or knowledge uglify you t erne on board: (Please a a brief resume) I hereby certify tha the above statements are true, and I agree and understand that anp misstatement of material facts con din this 'cation may, se forfeiture upon my part of any appointment I may receiv j -~ ~~ ~ SIGNATURE DATE 1. T T.1 iw~e: i ius appncanon will remain on the in the City Clerk's .Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. ^~ ~~~, ~ 1 ~~ ~c s~3 S~ j ~ a~~ -~~o -~ ~d.~-~d~ ~., ~~ 1~~ ~ G I46 3 (.. _ y ~ ~~ c< < ~x~~., e 'T"' . -r'A-~ ~ , ~7 .~ q- l ~7~-- f ~ ~t ~ r (frv ~~e.c~ t ~~. ~f~s r 5~,~-- C.t.~, v~c~ 1~ < ti ~sw <<~-l (~c c~ ~~ , c~~.rr..` . ~ ~ ~~-:- ~~ yb ~cl-~' 9~rts-Qom,-~~,~~ - ~f3 ~~~ ~~ ~eil~ (ti(~J~-~ 4 tr-2..~ l ~CID~~) . ~ . ~ REG~1\fE~ na-a~c~c~r ~ ~ CITI~ OF DELRAY BEACH APR 1 0 2001 BOARD MEMBER APPLICAT101~~~~~ 1993 ~ ' 2001 ~~~~ ./ Please. or rint the followin information: ~ '`~~ ~ 1. Last Name: ~' ~~~ , / 1T _ _ Name .~ I ~ ~ . ~ 2. Home Address: ,~ City State . Zi Code 3. Legal Residence: w~rtl.E ty State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: .~l- ~ ~ -/~ ~~ 6. Date. of Birth Business Phone: E-Mail Address: Cell Phone: Fax: . ~~ 9~~"~~ ~8 ~JQS ~7 ~~/~ ,~f X03 ~~~.~ ~ ~ ~,~~ /a~~ 7. Are you a registered voter? If so, where are you registered? 8. What $oard(s) are you interested in serving? Please list in order of reference:. _ 2/ Ll ! /~~_~l7~,~/ 9. List all GtyB arils on which you are currently serving or have previouslyserved: (Please"include dates) ~~ 10. Educational q cations: `~ pp /+ 11. List any related professional certifications and licenses which you hold: /1IOJ,~,,7~' ~ll ~G 12. Give your present, or most recent employer, and. position: _ JJ Z ~ ~~ //~ L ~l~f~ll/ ~i~~ S ~~ J oB ~ C~ ~ol~I DN s~ 8a~i~ ~~ ` ~}/~ci 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in-'this app ca~tioin ma cause forfeiture upon my part of any appointment I may receive. G~ SIGNA ~ Z ~ .DATE Note: This application will remain on file in the City C1erl~s Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. GA,STON G. JOSEPH 6361VA133'~ Ave. Delray Beach FL 33443 (561) 498-1092 Gjos67ep~yahoo com A talented Business professional with extensive sales and customer service experience Sli~1~lA:RY OF Qi7ALIFICATIONS • Able to learn and apply quickly and effectively • Hard working, detail oriented, able to multi-task • Extensive customer service background • Excellent communication and presentation skills PROFESSIONAL EXPERIENCE • Prudential Financial, Boca Raton, FL March 2007- Present Financial Service Associate • Propose insurance and investment products most suitable to customers' needs. • .Prospect for clients,-develop insurance and investment program and make sales presentation. Fidelity Federal-Bank & Trust, W.P.B.,FI, Ma}r 2004- January 2007 Financial Service Representative II • Service. new and existing accounts • Originate and close consumer loans • Consistently achieve or exceed all sales quotas each year • Represent the.Bank to customers in a courteous and professional manner • Provide prompt, efficient and accurate service in the processing of transactions • Perform all Teller functions as well as other duties requiring additional knowledge and experience Palm Beaci~ School Board,. W.P.B., FL August 2002- May 2004 Community Language Facilitator • Assisted teachers and administrators in fulfilling ESOL program goals and requirements • Maintained a directory of referral services for the target population • Participated in developing.strategies to increase academic achievement for students of the target. population • Participated in ESOL Staff development activities • Served as an. advocate for students and parents of the target. population • Served as an interpreter in school communications with parents, students and community members .Rent Free Realtyf Boca Raton, Fl May 2001- October 2004 Sales Agent • Assisted customer in leasing, buying and selling of real property • Performed comparative market analysis for customers • Performed customer service SwitcL Access: Communication, Inc. Boynton Beach, FL March 2001- January 2002 Assistant Manager • Performed staff orientation and training, assisted with scheduling and. supervising staff • Responsible for administrative functions such as filing, data entry and visitors relations •. Monitored progress and assisted with accomplishment of daily objectives • Performed customer service EDUCATION FLORIDA ATLANTIC UNIVERSITY, Boca Raton, FI, (2003)- B.S. in Business, Major: Economics. FACULTE DES SCYENCES HUMAINES, Port-Au- Prince, Haiti (1994) B.A. in Liberal Arts, Major: Sociology FSA Job Description Position Summary The Finandal Service Associate (FSA) position is a sales position with The Prudential Insurance Company of Amerip selling insurance and financial services. FSA's participate in a 2 year development program, developing product knowledge, and selling experience while offering appropriate insurance and investment products to help clients meet their financial goals. After the 2 year program, marry wiD continue to be financial services. generalists, assisting clients with a range of insurance and investment needs; others will go on to devek>p a specialty, such as fee-based financial planning, insurance for business needs, or estate planning needs. Overall Duties and- Responsibilities • Sell new .insurance and investment products • Solicit new Customers through approved techniques and methods • Conserve existing insurance and investments products • Service'the insurance and investment needs of alt owners of policies issued or offered by Prudential Financial companies. E$sential Job Functions It is important at Finandal Service-Associates be capable of mastering the complexities of the job, continually teaming new products,. infom~ation, and.approaches. As our representative, the FSA must have a fue understanding of aJl our products and be able to recommend to customers. the appropriate solutions that are in the best interest of the customer. The end result of the FSA's work is to devebp long-#erm relationships between us and the policyholder that will impact the personal welfare of many people. The FSA's general duties include the. responsibility to: A. Prospect for clients, devebp insurance and investment programs and-make Sales presentations regularly for .abroad range of life and non-life insurance contracts and financial products and services sold by Prudential finandal companies.. B. Propose insurance and investment products most suitable to the applicant's needs and ability to pay. C. Make the necessary adjustments in the policyholder's portfolio in Ight of changes in their needs. Although many transactions are handled by the Customer Service Office, an FSA should understand how to provide services, such as processing loans, surrenders, Changes in.beneficfary, daims, policy options, and the like, as well as being able to explain to customers the effect of these transactions. D. Maintaiih in force the. existing insurance and investments products of clients, secure the reinstatement of insurance that has lapsed, and perform aIF the duties. incident to the care and conservation of the business assigned by Prudential. This may apply to all polities, whether or not the insurance was originally solo by the FSA. E. Maintain records of account. and render when required, on forms. provided by Prudential, a report of all business transacted and complete accounting. of all monies received on behalf of Prudential Finanda( companies, ~ ~ - - F. Conform•to and abide by the procedures, rules and requirements of Prudential Finandal companies and the state or states where the FSA operates. - Insurance is issued by The Prudential Insurance Company of Ameriq and its affiliates. Securities are offered by Pruco Securtities, LLC. Investment advisory services are offered through Prudential Financial Planning Services, a division of Pruco Securities, LLC. F.~ch is a prudential Financial company located in Newark, NJ, and is solely responsble for its respective financial condition and contractual obligations. The Prudential Insurance Company of America is an Equal Opportunity Employer - IFS-A081826 ~V ~t~~nt~fi~~ v ~ w~~: ~.var~t.at ~'" RECEIt/ED ~ ~ CITY OF Q~I.RAY BEACH m BOARD MEMISER APP~,IDATION o c t n~ 2007 zoos '993 CITY CLERK Pease or ,_ ahe fo iaformazion: ~~! Q/ 1. Last panne ,^ Names 2. Ha ~..t-~ .L ~~ '3 V l11 C ~4,/~11.L M I_ Address;` ,1~5 j f'ii,1 ~ , J ,, S z• Code . S ~j~~ ~ ~' State Zip Code 4. PrirtoipalBusiness dress: Caty State Zip Code 5. Home P one: $tuittess Phone: E-Mail Address: . fib/ d'~7`~ S~ ~ ~1~'JU ~.~~ ~ ~Pt ~~: ~ ob ~ ~ 6 6. Date of Bush 7, / ~1 G~ ~D ~ r ~~ ~71G~ An you a registered voter? If so, w.laet~ are you neg;,~te~ed.} 8• ~ are you iatettsted in $ ~ Please Tt f I1. k, ~-, ~.'~t-!'~ ° 1~0~~~.-~ ~L in oof preference: 9. List all Gry $oards on which yon arc currently sett-iag or have previously s . • (Please include dates} a E ' nal q : ~ p t!r ~ ~u Z~ ~ ~/7 a 1. List any related ~ essiorral u~a and licenses which you hold: ~~:_~ ~~, 12, Give yow P~ ~ ~nt employer,.:.. d position: , -----~ ~ .. ~../(j l3. Describe e~ , s lraowdcdge yo~,to sc~rg on this board: (Please atxath a brief resume aQ..~ ~i zr f2/2~i1r".,.0`f~ ,~r S'~:?C' ~ ,(?~; S ~UG~~SS ~ ~ ~ f, ~~ y .~ 1 v s certifythac all above arc tn~, and I agree and rstand chat ~ 0 1 ~' ~'s Pf3 o ,n this ~h' o ~Y emern of material facts a'~ /~ / ' my of aayappoirnment I may . (. ( ~~~o?il__ .- ~ fGNAT[7RE DATE 7 ~ -_,,,_ app anon w,71 retraain an in the C;cyClerl~s Office for a period of 2 y~ from the date it vas subttutted. It will be the applesant's responstb~lity to ensw+e that a current app cation is ox~ fsk. RESjJME FOR BUNNY (PEARL) MARI~FIEI.d) EI,ROD Director of Reascarch Dept. National Enquirer newspaper 14 yrs Realtor Coldwell Banker Real Estate ?8 ys•s. Pres. Merritt Park Flome Owner's Assoc. Pres.Progressive Residents of Delray League Of Women Voters, PBC, Board Member Member SW/NW [redevelopment Task Force from inception. Resident Delray Beach oven 10 yrs.:Proud ov!mer of a ltistoric home (built in 1925): which we have kept historically intact and very much enjoy preserving. Like living within walking distance of a beautifully developing downtown area. As a resident enjoying the benefit s of a lovely city 1 would like to "give back" to the continued healthy growth of same. DELRAY BEACH . ~ o ~ o . aa=a'~'~''~' CITY ~~~-~ ~~ ~ ~ OF DELRAY BEACH~~ ~ 2~~~ ® BOARD MEMBER APPLICATION Z 1993 3 ,,..~ ~~.'(~ 2001 ~~~~ ``j Please a or Tint the folloovin information: _ tl'~ 7 1. Last Name: SILVER Name CHRISTEL I. ' 2. Home Address:.. City State Zip Code 278 E CORAL TARCE CIR DELR.AY BEACH FL 33445 3. Legal Residence: SAME City State Zip Code 4. Principal Business Address: SAME City State lap Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 561-274-8153 SAME chs~silverhouses com 561-929-799 ..561-243-1390 6. Date of Birth 7. Are you a registered. voter? If so, where are you registered 02/03/1943 NO (I am a resident alien,. not a citizen yet) 8. • What Board(s) are.you interested. in serving? Please list in order of preference: . ~v~~u~c7 ~3u 1HVKl"1"Y 9. List all City Boards on which you are currently serving or have previously served: (Please include dates) N/A 10. AND 2 YE,AItS 11. List arty related professional certifications andlicenses which you hold: REAL ESTATE BROKERS LICENSES IN MARYLAND, REAI. ESTATE LICENSE IN FLORIDI? 12 Give your present, or most recent employer, and position: SELF EMPLOYED AS REALTOR MY LICENSE IS WITH REALTY EXECUTTVFS, I AIvI INCORPORATED AS CHRIS'I'EI. SILVER P.A. 13. Desaibe experiences, sk81s or knowledge which qualify you to serve on this board: (Please attach a brief resume) SEE ATTACHED ~eby c at all the above statements are true, and I agree and understand that any misstatement of material facts .tamed application . y cause forfeiture upon my part of any appointment I may receive. ~~ ~ - JUNE, 14, 2007 SIGNATURE DATE 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 appfican~s responsibility to ensure that a current application is on file. 13. I am in the real estate business since 1985,_ was a broker in Maryland and Washington DC, and a realtor in Virginia. I also was a certified residential appraiser in Maryland and Washington DC for ten years, having been on the HUD list for their foreclosures appraisals as well as the FHA loans. Doting my years in Maryland I was the chair person for Equal Housing committees for Montgomery and Frederick Counties of the Realtor Associations; as well as a long standing member of these committees. I also worked for the Interagenry Fair Housing Coordinating Groupfor Montgomery County, Maryland. Since September 2001 I am living in Dekay Beach and have been a graduate of'the City's Residence Academy, as well as the Chamber of Commerce Leadership Program. Fulfilling the American Dream for many First Tune buyers is my great concern. . I have specialized in helping these first time buyers over the yeaxs. F~arlier this year I completed a Florida Housing Finance Corporation: seminar about Affordable Housing. Besides my volunteer activities as a Realtor (I am the Secretary for the'CRS Florida Chapter, a Dixector for the :Realtors Association of the Palm Beaches for. the Florida Association of Realtors, and will chair the Intexna:tional Business Committee in the local Association this year), I am very active. at the Chamber of Commerce in Dekay Beach as art ambassador and am chairing a leadsgroup, and have been the Secretary for the Coral Trace Home Owners Association for the past three years. Besides being a member of a tennis team for the Delray Beach Tennis Center, I am also a board member of the South Palm Beach County Woman's Tennis Association as the president for one division. ~i~,~ ~v Christel Silver Tel: 561-274-8153 278 E Coral Trace Cir Fax: 561-243 1390 Delray Beach, FL 33445 Cell: 561-929-5799 Resume Education: High School Diploma at Sequoia High School Redwood City, California as an Exchange Student from Germany in 1960 High School Diploma at Fritz Karsen Schule in Berlin Germany in 1963 Graduate from Law Academy. in Berlin in 1966 .Administrator of Justice from 1966-1985 working at the Court Houses in Berlin, Essen; and Essen-Borbeck, Germany Real Estate Schools in Maryland, Washington DC, and Florida Graduate of the City of Delray Beach' Residence Academy in April 2004 Graduate of the Leadership of Delray Beach 2005 Licenses: Associate Broker in Maryland license #81131. since 1985 Realtor in Florida license # SL690952 since 2000 Certified Residential Appraiser in Maryland license# 71:02 from 1991 until 2004 Notary Public in Maryland.from 1986 until 2001 Notary Public in Florida since September 2003 Fair Housing: Member of the Fair Housing Committee at the Montgomery and Frederick Association of Realtors in Maryland 1990-2001 Chairperson for the Fair Housing Committee in Montgomery County Maryland in 1995 Member of the Interagency Fair Housing Coordinating Group. in Montgomery County, Maryland 1995-1997 Washington DC HUD Task Force member for Fair Housing Voter status: I am a resident alien. Membership: Greater Deh ay Beach Chamber of Commerce (Chairperson for 2005 for the Ambassadors and Chairperson for a Leadsgroup since 20.05) German American Chamber of Commerce International Business Council of Palm Beach County Association of Realtors Secretary for the Florida CRS Chapter (Certified Residential Specialist) Elected Secretary for the Board of the Coral Trace HOA ~,( \ ' U~- / January 31, 2006 ----=y ------------`= C)lristel Silver Date DELRAY BEACH A N ai-~n~, i 1 1993 2001 CITY AF DELRAY BEACH ~/~~/ BOARD MEMBER APPLICATIOI~ECElVEI~ aPR ~ t zoos Please type or pint qhe following information: :~ 1. Last Name: ~ ~ L ,,,~ Name j l___ s• Ci to 3. Resider e: City State Zip Code 4. Principal B ess. Address: City State Zip Code 5.. om .Phone: Business Phone: E- ` Ad es : Pone: ~: ~.- ~1 ~ ~ 6. Are qou a registered voter? If so, where are you register L.. at' (s) o in r tell in g? lea ~ \ r er enc'~'-j ,~ , j <jvbV ~ 8. ' t ~ City Boards on which you are currently serving or have previously served: (Please include dates) 9. do 'ficati 10. List any relate essional certifications and licerises which you hold: 11. Give pour prey r most recent employer, and position: , 12. experiences~skls owledge which qualify qou to serve on this board: (Please attach a brief resume) S l I hereby that all the above statements are true, and I agree and uaderstamd at misstatement of material facts contained . pplieation may cause forfeiture upon my part of any appoin c e. SIGNATURE DATE .~ Note: This application wilt remain on file in the City Clerl~s Office for a period of 2 pears from the date it was submitted It will be the applicant's responsibility to ensure that a current application is on file. ,ior~ ALAN J, V~EITZ 6312. Via Venetia North Delray Beach;, FI.33484 561-49&2282 Home 561-654-100b Cell RESUME After a successful career in investment banking with a Wall Street firm and mortgage lending with a New York bank, I was appointed, by a US district judge to become trustee of a publicly owned company which was in bankruptcy.. The company owned a bank, two life insurance companies, a land development company, ~a building company and a mortgage banking company. Under my .leadership. as trustee, the company emerged from bankruptcy having paid all creditors in full. The .SEC declared the reorganization to be the most successful in the history of bankruptcy iri-thee United States. I ended my career as president of a savings bank and . president of one of the largest-mortgage. banking -firms in South Florida. I am a certified .arbitrator for the NASD, American Arbitration Association and the Better Business Bureau. I served in the US Army as an infantry company commander with the rank of captain. 'I graduated from Lafayette College with a degree in economics and government. I served on several HOA boards in my former community, Broken Sound of Boca Raton: I have been a full time resident of South Florida for 14 years. UEL1fAY 6~!1CFt - G~3~~'~ ~ ~ CITY OF DELRAY BE/.~C~ n Bo pp,,PR 4 ~~ ® ARD ME!'~IIBER APPLICATIO GL~ 1993 G, '~ 20U1 _ Icy PICISC tviSe Ar t)rlnt the fnlln~inn inFr.r.r.~r:...,. ~/ 7 //~ Ci ---- 1. Nam ~ . e - - ~ M L - ' - ` - ~' 2: Home d S ~ ~ CbtyP~ - State Zip Code L 3 3. •Legal Residence: City State Zip Code ~ ~~ - - ~ ~! ~ FL ~3 4. Prindpal Business Address: City State- Zip Code ..~. 5. Home Phone: usmess Phone: E-ivlail Address: dell Fhone: Fax: ~' -Z 5 - 37 os~ ~ - - 6. Date. of Birth 7. Are you a. registered voter? If so, where are you.registered? 3 -5 ~~.~ _ pg ~ ~ - 8.: What $oacd(s) are you, interested m serving? Please list in order o ,~eferenc ~ Q i ~ so ry - . -: } ; . ' - _ 9: List all City Boards on which y~~~'suirrendy se4iiing or have previously s~cved: (Please in. Iude dates) ,,,~ - • ;:~:.r - .10. Eduaadonal qualifications _~ , _. . ~, ~a - 11. list any related rofessional ce !cations and licenses whi u hold: 12. Give. your present, or most recent employer, and position: 13. Dcscn~be e~cperienoes, skills or knowleiige which qualify you to serve on this board: (Please attach a brief resume) t ~~ d - - i hereby certify thatail- the above-statunents are true, and I agree and understand that any misstatement of material facts contained in trhis ap ~ 'on may cause Forfeiture upon my part of any appointment I may receive. ~ ~ O - •SIGNATURE DATE ~ . >~i -.~~-. ~_~~ arr....~~v. wu• L1.~~ c,n rue in uie qty c,aerx-s utace for a penod of ~ years from the date it was.. submitted. It will be the applicant's responsibility to ensure that a current application is on file. PHYLLI~ WILLIN~~ADZ 714. S'4V h .Avenue Residence:. ~51_ylb.f],~3 belray Beach, FL 33444 Email: PEWillingham~a aol.com Counseling Coach or position- extending my academic background for my Master's of Science degree. BACKOROIILYD ~IIMMARV Detailed-oriented, Records Management Professional with extensive experience in the Workers' Compensation industry. Diversified leader with the proven ability to access; evaluate, and -make decisions pertaining to records retention and storage. Hands-on recordkeeping knowledge apd experience in developing and implementing scanning and imaging system in Records and Information department. Actively coached and developed staff with a proven ability to transfer job knowledge and skills to all levels. Wrote and. published departmental procedure manual. Currently in the process of transitioning.professional careerpath to Counseling/Psychology. FB~LESSIfl1Y.AI..~ ~;~XP.I'iRIENCE_ I?IVISION of VOCATIONAL REHABILITATION, Delray Beach, FI.. 2005 -Present Ynrnaharzal:Rehabil~tahan ~Cnun:~elar. • Counsel mental/physical impaired individuals toprovde vocational rehabilitation services • .Interview and evaluate mentaUphysical :impaired applicants • Confer with medical and professional personnel to determine type and degree of impairment, eligibility for services;. and feasibility of vocational rehabilitation • Accept or recommend acceptance of suitable applicant • betermine suitable job or business consistent with applicant's desires, aptitudes, and physical, mental, and emotional linutations • Plan and arrange for applicant to study or train for.. job • Assist applicant withpersonal adjustment throughout rehabilitationprocess • ~ Aid applicant in obtaining medical and social services during training and afterplacement NCCI, Buca Raton, FL I987 - 2004 (1Vational Council ~on Compensation Insurance Holding, Inc.) 14dministira~ve~ssistantll • Administrator for electronic off-site storage system . • Managed and published informationdnews articles as requested using. online news service Provided research and anal~-sis to seven corporate. lawyers • Prepared and maintained weekly departmental reports • Responsible forprogram administration of the records retention schedules K-MART CORPORATION, Delray Beach, FL 1981-19$6 Layaway Clerk Leader • Supervised and evaluated .apart-time staff of four • Processed Account Payable/Receivable • Processed customer orders using electronic layawaypaymentplan • Successfully resolved customer problems and complaints SOUTlEIE~tN BELL, Delray Beach, FL 1978 -1981 Long Distance Operator • Answered inbound calls and responded to inquiries • Interfaced with extenpal customers and provided quality service • .Assisted customers with placing. national and international, long. distance calls PROJECT RESCUE, Delray Beach, FL 1975 -1978 ~aunselar: Aide • . Mentored and counseled at-risk youths ages 11 to I S • Referred yfluths to community agencies • Modified behavioral problems in school, community, and-home • . Dnci~mentPd home. visits- EDL~ATEEQN Master of'Science Degree:in Counseling Psychology Courses include Foundations of Counseling Skills, Behavoral'Research, Individual Human Development, General Counsel Theories and Techniques, Group Theories and Practice, Substance Abuse, Treatment Planning, Diagnosis, Appraisal, Assessment and Testing, and Psychopathology, Marriage Theory and Techniques, Counseling Internship']. Palm Beach Atlantc;Universify -West Palm Beach, FL Bachelor of Science in Organizational Management with a Concentration in Human Resources Palm Beach Atlantic University -.West Palm Beach, FL C~r~na#Pr~.n1lIn.lallde. MS Word MSF..xc.~1_ MS Outlook MS PowerPoint .Intewet. Accounts Payable .untsBsceivable. Data Entry Alpha/Nurneric Filing, F1naiL Ami Pro Adstar_ Lotus O#Iice a Suites Word Perfect .Eactiya_ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER DATE: NOVEMBER 2, 2007 SUBJECT: AGENDA ITEM # `~ • `l -REGULAR MEETING OF NOVEMBER 6, 2007 APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL ITEM BEFORE COMMISSION This item is before the Commission for appointments to the Neighborhood Advisory Council. BACKGROUND The term for Ms. Pamela Williams (At Large Representative) will expire on October 31, 2007. Ms. Williams will have served an unexpired term, is eligible and would like to be considered for reappointment. The Neighborhood Advisory Council was established for the purpose of maintaining broad-based community involvement with the residents, creating neighborhood outreach initiatives, enhancing communication, improving the aesthetics of the neighborhoods and identifying any potential threats to the stability of the neighborhoods. The Council consists of fifteen (15) regular and two (2) student members.. Twelve (12) members are residents with two (2) selected from each of the six neighborhood zones, and three (3) at .large representatives, who may be selected from a community civic organization or business owner located within a neighborhood zone interested in the enhancement of its surrounding neighborhoods. The following individuals have submitted applications and would like to be considered for appointment. (Applications are listed by zones; however, the applications aze in alphabetical order.) See Exhibit "A" attached A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Mr. Mercator Guerrier. Mr. Sal Cherch is registered in New Jersey. Based on the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2) for one (1) At-Large-Representative to serve a three (3) yeaz term ending October 31, 2010. RECOMMENDATION Recommend appointment of one (1) At Lazge Representative to the Neighborhood Advisory Council to serve a three (3) yeaz term ending August 31, 2010. NEIGHBORHOOD ADVISORY COUNCIL EXHIBIT "A" Applicant Subdivision At-Large-Representative Mark Behar Lees Crossing Sal Cherch Barwick Ranch Donald Dolan Hidden Lake Alice Finst Chatelaine Gerald Franciosa Mercator Guerrier Hansford Higginbotham Jayne King Lynn Klein Pearl Markfield Elrod William Milner Janie Ramirez Samuel Resnick Ria Santos Pamela Williams Phyllis Willingham (Incumbent) Tmpic Isles Delray Estates Lake Forest-South Chatelaine Lees Crossing Town of Dekay Chatelaine Strickland Subdivision Pines of Delray Bexley Park Town of Dekay Rosemont Park 10/07 NEIGHBORHOOD ADVISORY COUNCIL TERM EXPIRES DISTRICT NAME & ADDRESS 10/31/10 Zone 1 Gaston Joseph Unexp Apppt08/21/07 Reapptl0/16/07 ' 10/31/10 Zone 2 Jennifer Witt Appt 10/1G/07 10/31 / 10 Zone 3 Linda Leib Unexp Appt10/17/06 Reappt 10/16/07 10/31/10 Zone 4 Harold Van Arnem Appt10/1G/07 10/31/08 Zone 5 L'Tanya Allen Appt10/25/05 10/31 /08 Zone 6 Linda Prior Unexp Appt 02/20/07 10/31 /08 Zone 1 Arthur Brown, Chair Unexp Appt01/13/04 Reapptll/15/05 10/31/08 Zone 2 Bonnie Raycroft Appt 11/15/05 10/31 /09 Zone 3 Shirl Fields Appt10/17/06 10/31 /09 Zone 4 Claudia Flores Appt10/17/06 10/31 /09 Zone 5 Matthew Hartley Appt10/17/06 10/31/09 Zone 6 Joseph Kamarata, Vice Chair Appt10/17/06 10/31/07 At Large Pamela Williams Unexp Appc 03/21/06 Representative 10/31 /08 At Large Patricia Westall Unexp Appc 04/19/05 Representative Reapptl0/25/05 10/31/09 At Large Charles Stravino Appt 11/04/03 Representative 3631 Lowson Boulevard Reappt 10/17/06 Delra Beach, FL 33445 10/31/08 Student Vacant 10/31/07 Student Vacant S/City Clerk/Board 07/Neighborhood Advisory Council vc~rwr ~cr~~.n a a p • o0 ~4~ ..~i IR Iy ~.~~- , ~ . -CITY OF DELRAY BEACH BOARD: MEMBER APPLICATION ,z'v.~~ -~- .~eea~ t~ru~s~~r~. Please Yype or print the following information: ~1~~9 1. bast Name: Name 1vL i. 2. Home address: J City S ~7 Zi Co e 3. Legal Res ence: \~ C'. ~~ State Zip Code 4: P ' cipal Business Address: .. ~ City ~ ~ a State ode 5. I-Iome Phone: . Business Phone: ~ ~ I E-,yM/ail Address: ,~_ ~v~ Cell Phone: Fax: ~ 6. Date o Bir 7. Are you a registere voter? If so, where are you registered? ~~. 8.` at aril(s) are you interested in sewing? Please listin order of preference: i~~~ 1~. 9. Last all Ciry Boards on which you are currently serving of Have previously §erved:<~i?lease.include dates) 2 C V ~ /. ('3'' G 1~.. Educational. ualificatioris: iL any related pr~ io al ce 'ficatioris an 'censes whi ~~-- ~ - -- . 12 Give your present, or most recent erinployer, and position: 13. Describe ex 'ences, skills or knowledge which eluahfy you to s on this board: (Please attach a brief resume) . ~ , I hereby c ements are true, and I agree and understand that any misstatement of material facts ~ con pli ~ n may cause enure upon my part of any appointment I ma receive G ~ DA Nate: 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'resuonsihiliro rr, Pncr,rP rl,.,r „ ,..,,._o..« ..__,:__.:_ _ = ~, 1 I"Vl![1GQ1 111J1UG1- W QJ11111~W11, Lt..: GVV / LV11~1GJJ1V11[t1 V1UGT V1 1V1G171 I [1~G 1 U1 G .~ . - -~ . ..;: . : . ~~, ,:: ... ...,. .. _~~. ;_ Li as ~. J..1° it l ~ fs y .-~ 2 ~ ..cy, r _ 3 .. - _ .. ., ._ ... ~ .S 6..5 i. ~. ' ~~ .l ~.....-~ 4'.v ..~ SATURDAF, .e*JLY t<<, 3C07 s~Ot~7 ~~~ r~ ~~,€vc~Ci~ .. .._ .t... times. _!t,~'~--q: B~.oc .~RCxi'vE Ap!•il (i) ABOUT ME POLITICAL INSIDER t°~E:v+~ t-~t° ce'~~~r:.E:iE Pl?OrILG On This 74.th Day of Jply; zoos, Washington, D.C., it-gives me great pleasure to Announce that: -.......~a~ ~ ~~x~; ~ fsx.~. ifs. a?.~:. q ~!~ ~ --- ~- ~: Mr. Mark - - k.. ="~ - ~ Behar of Delray '~. "'~ ' ~~ ' Beach, ° =:q '`'~ u '~ ` ~ ~ Florida has been Officially i --- ~ Nominated _ . ~` #o Receive the 200 Congression _~",~.~ :.: - _ - al Order of Merit, by the ~-~~ ?~.~~;~-~~ r, _. _ _ ~...... a ;: ~:: ~~' _~ . Executive . ... . Council of the National Republican Congressional Committee-NRCC. . This Citation: Is in Recognition of his Outstanding . service as an Honorary Chairman of the Business Advisory Council Representing Delray Beach, Florida . and for his ideas, commitments, loyalty, :and dedication.of his time, effort.,; and services in trying to Reform & create Tax Relief for Start-Up; SmaII Business, Small Business Owners, and Sole Proprietors like himself, and for others, throughout the United States. Mark is a Property Owner/Investor of several Rental 1'V111iGQ1 111J1UCI-<rydJII111~W11, Ll..: LVVI l.Ul1~CCJJ1Wld1 VFt1Cf Vl 1V1G1'IL rd~G G Ul G & Investment Properties in both Delray & Boynton Beach, Florida as well as in "The Pocono's". located in Tobyhanna, PA., and is currently trying fo Update & Revise the "Landlord-Tenant Laws" in his Hometown State of Florida. o GOMMEIVTS: Subscribe to: i3c~st t~i~lrlneg~ts ;_~tt71'~~? rotlUCa, Inslaer-wasmnglun, v~,__ i n~ ~vvi r'icr.J1L~1V 1 J LJ11V1Vt•I< rzt~G 1 V1 G .., .,. .- :. .. ~_ _ ._ .... .. .. __. t x ... _ _ ..... . L ~ $ ..i. ie. 5+ .~ .., f ~_ ~~ '... BLDG ~R~FI;d'F 1.. t't% ~ Az3~';I (1~ 1' 2*rI~I'i1.3r~` ~1~ ABOUT NIE PQLITICAL INSIDER 4%ZE41` ~tl~ ~ O~ic'le.~Z-L PROF?LE The Nati ona t Rep ubii can Core. gees Sion al Co mm tte e (NR CL•~ The Hou se Rep ubli earn Tru st, ann ounce their invited Members & Guests Mark Behar, A young Entrepreneur and Owner/Investor of several Investment. Properties worth Multi-Millions from Delray Beach Florida, was just recently named and awarded the "2006 -Businessman of the Year Award", representing his hometown City and State of Delray Beach, Florida. . John Boehner -House Republican Leader said, Qn behalf of the Republican leaders in the U.S. House of Representatives, I am honored to have Mr. Behar, who is an Honorary Chairman of the House Republican Trust, from the State of Florida (Which is an influential and prestigious group of outstanding citizens throughout the United States), to attend the this years Annual Board Meeting and to join runucai insiucr- wasmngwn, v~..: inn ~vv r rtcn~lt~~iv i J L1ivlv~tc rage ~ of ~ President Bush, Republican Members of the U.S. House of Representatives and the U.S. Senate at the premiere event of the-year"The 200 President's Dinner, which is ~to be held in our Nation's Capital on June i3_th and i4.th. In addition to this year's dinner, Mark and other Honorary chairman from throughout the United States will join special guest Karl Rove for lunch on.the i4.th. After the lunch, there will be a "Town Hall meeting" featuring Republican Members of Congress. At this meeting, Mark will have the opportunity to comment, express his thoughts, opinions and concerns on and regarding the Presidents current. "Tax Reform and Relief Bills" that are sitting and awaiting approval and a vote, in the Senate. In the past (2005), Mr. Behar has attended this event with former 2:- tiirrie'California Gubernatorial- Candidate Mary, Carey. ~`~. _.;~l5 (j £t~ `fr!i,~~`i ~.. :1 i_lty t:ii. {_:..,.~.. t~:;y: "~t o COMIVIEN?'S: Post 21 ~.Ol fSP.f)t ` : i`,ci'de:i '. i:S±" F-T~:~3f~ ()itl~,y. ~iiSt Subscribe to: Post Comments (Morn; rVJ,UI:d, 111J1uG1- W QJl,II,~Wn, lll.,.: reDTUaTy LVV / ,;:.;,: ~;; ~- - L.~ .r••- y ~. •'' Y ~ p ~ Y. .., ,r' x f~7~ c.. _. £ -..,~ :1 ~`i BLDG ARCHIVE v Jut;• (2) -sr~-fit,;, ,: ?~~~?~i~ - .April {1) ABOUT IVIE POLITICAL INSIDER ViE44` iVIY CO~I1 LE't'r PP.U'r'IT E rage 1 of l - . . Y.. .....a. .. `f4./ \ . SUNiDAY, FF.BF.i3ARY ,8, 2007 ~, fi. •.~~~~.' tii~~. Vic'" :,ii~ .. .. r ~.,.. i "2006 BUSINESSMAN QF THE YEAR AWARD" T'he National Republican Congressional Committee {NRCC) announces their Businessman of the Year Award Nominee & Recipientfrorn the State ofFtorida The Nation Republican Congressional Committee ` ~ (NRCC) has annouhced that Mark J. Behar, a young Entrepreneur & Small Business Owner from Delray Beach, Florida was nominated and has been selected as the "2006 Businessman of the Year", from South Florida. This award recognizes the toQ U.S. Business Leaders, who have successfully integrated business and financial success with the support of republican ideas and values, as well as a pro-business & pro-family agenda. Mark was selected for this honor & award; for his steadfast support and commitment to President Bush's Tax Relief & , Reform Bill that is geared and tailored for and towards-Small Business Owners like himself. Mark's input and recommendations on the bills and its content was very instrumental in the bills development. Congressman & Chairman of the NRCC Tom Cole said, "On behalf of The Entire House Republican Leadership, eve are all Iooking forward to seeing Mr. Behar in person, at our Awards Ceremony and Luncheon". In attendance at this ceremony, will be Special Guest former House Speaker Newt Gingrich, who wl~l join Mark when he receives his award at this time. The Awards Ceremony and Luncheon w111 be held in our roimca~ lnsiaer-wasn~ngton, L~,.: reoruary wvi rage ~ ui ~ Nation's Capital Washington DC on March i5ah. The "200 Republican Business Summit" will also be held that day, as well as the "200 NRCC March Diner" will beheld that night, with Special Guest President George W. Bush. Mark also, has been asked by the Republican Leaders of The U.S. House of Representatives tb ser~~e as Honorary Chairman of the House Republican Trust, from The State of Florida. Political lnsider-Washington, DC. !'r•,.. _. i3 ... !',~.... ,'' L :'aSi.;<i .-- -- :, i'tv? u C:C3~I.4~~;"I' April '~C>o;~ Subscribe to: Posts ~~toni~ OJ%08iD8 WED IJ:31 FaY 5et2a3a~7~ CITF cLERR OELRAY BEACti t ~ ClTY OF DELRAY BEACH ~ BOARD MEMBER APp~,tCATtON - 7 993 ' 2001 Plcsse a or riot the folio - inEontnation: ~- L1stName: ~-!~ Cy Name 2- klomc Address: ,` -~~L `~S/ o S 1°S J12-u/ l c~ City y.~ 3_ I,r~ Rrsidence: v~ City r-~ l{/~i~002-_- / /J v y ~--~-('/av~CxCU ~~rl ~~ ~~~~. ~ ~~'~ ~ ~ R 2~~6 ~~~~ ~~ . State ~p Stale 7~ip 4- Pcincipal~Business Address: ~~,Z / SJ /¢~ ry State Zip Code S_ Home phone: IIusincss Phone: Fy-Marl Addre-ts= ~~ f 7 Y . CeD ]?hone. .Fax: J ~P ~ 7 y/ Q p~- o ~ Vii- 9 3 ~~ ~3~' ,~7 Z G_ Atc you a registered vora? E-f If so, where arc you regjstered? /l~ -7- 7_ WhacBoards are ou u~trrestc ~ `' Y ~) T ~ in serving Ptc~se List n~ order of prefercnecc 8, list`a~ City Boards on vch you arc ~ saving or have r rcviou 1 served: 1'_D_A.~,~ ~.[ 4 2- ~ ~F.~'~-C^- 1 F_-' ~, c= dude daccs~ .~~A-u~Jt~~-r GG. 9 f .. Educaoot-at qualiFicstions: 2- t/,P r ~ /s. ll .~ i~ ar~d tu_ t.tst any related professional certifications and licenses which you hold 11. Give your present, or mos[reccnt 1Z Dtsotihc txpctiunccs, Sri J or Kaowtedge which qu~fy you to serve on this f TfY ~~ attach a briefresume) I hereby certi.(y that all the. above star®ents arc trot, and I agrte and understand that any misshierncut of imrrtial (acts mntaine d»s ap li tion may Cause forfeiture upon my pare oFany appoinun en[ I may tc - Gi`UClUttY ~ ~ . DAB Note This application will remain tin file ~ rht:. ~~ C)eck's OfSce for a period of 2 years Flom die date it was . subrniaed_ It an7) be tie applicaat's =csponsibt7ity to ensuce~ that a curtest application is on fire - sxnrvocu+oaoAwurrtr~roa+ SAL CNERCH Mr. Cherch, 70, has over 50 years of business experience in developing, initiating, and operating companies in a-broad range of industries. Over the last nine years, he has devoted.most of his time to developing and funding aquacufture related enterprises. He is the co-founder of Neptune Industries, Fnc. [NPDI.BBJ , TaunJS Investments, i_td. and Aquaculture Specialties, Inc_ He has served in an executive capacity for a number of privately held and public companies including Ford Motor Company. Mr: Cherch is the President and founder of Landa Finanaal Group, !nc_ This investment and holding company has interests in the electronic security and access control industry. He is the founder of Quest International, Inc. a.public relations and promotional organization and Meter Maid, Inc_, which markets a patented device devloped by Mr_ Cherch for the electronics industry and is the former owner of Corporate Consultants, Inc. which specialized in developing training and motivational programs for major corporations_ Mr. Cherch has been responsible for the formation ancf funding of several privately held. companies, which he hrn~.~rPub icn the ~~thlir. as IPn'~ HP fn~enrlPrl anrf waS C:F(~ hf Natinnal Early Warning Systems, Inc. (N.E.W_S;BB,) which developed and. manufactureo patented- electronic monitoring and reporting devices for the U.S: Navy, many municipalities throughout the. United States and Europe; National Electronics and Design, Inc.., OTC, which developed and manufactured radio . devices used in the restaurant and hospitality industries: Mr. Cherch also served as an executive officer with direct control of marketing for Lancer. industries, Inc., AMEX_ where he was: responsible for the design and patenting of several products for and the Company and its affiliate Universal Fiberglass Industries, Inc.[OTC] These products were the. basis upon wfiich both companies were formed and. built manufacturing and distribution networks consisting of more than 500 dealers and distributors throughout the United States ,Canada and Europe_ In addition, Mr_ Cherch owns or has patents pending, on several other.products_ Mr. Cherch attended Seton Hall University. JLI 1..J LVW 2•Y • LV 1 fll.. 1I1LVJ 11\ 1 1 V11V 1/O200JJwJ ~ r . C.1G~ C./J DEI.RAY BEACH I ~ .- , F ~; ~ ~..,~ ;.,... . AACI ~ ~ Ct'TY o~ pELRAY ~FAC ~ H c ~ ~a ~~~5 ® BOARD NIEMRER APPLICAT ~ w~`` . . Please a or riot the followi o infnanation: 1. Last Name: Name - M.1. 2- I•iorAe Address: D o n a ~, d R Cary _660-~West learbrook Cr . State "Lip Code . ~_ Lesal Residence: D e a a h L 4 S G~' 660 West Clearbrook Cr Sate Zip Code . 4. Prineipzl Business Address: D 1 r a c 3 4 ~~' State Z;p •Code 5730 Corpo>:ate Way, Suite li0 t Palm Beach 5. Home Phone: Business Pho F L 3 3 4 0 7 ne: E-Mail Address- Cell Phone: Fai; 561-265-3.937. 561-683-8833 pacif@bellsout .net 56I- G. Are you a.rtgistered voter? If so, where are ou re ~ : _ Y gurered. 89: ],580 561-6 3-9633 7. What Boord(s) ate you inusesud in serving? Please list is o d f f er o r pte crc~ce: ~~~ ~ 8. list ill Gty Boards on which you are curre~ly serving or hgve.prCv~ousl sc e i Pl y rv c _ ( ~sc ir~clud, daie5) 9- Edncationai qualificzpnns: 10. List arsy related professional eeni5cations and licenses vr?sich you hold ~1~orrnnr Aoard mEmhar .,~ ~..a___ _ . gym: io ee .Benefi.~t Plans. Past membe. 12. Give;yc~us present, or most receat em Io plumb in & A C Contractors Indust ~y of American Arbi ration Associ lion. and cu 've Director !L De;saibe e.Cpesiences, sIQ1Is or 1rno+Rvled~c which . T W.e n t ears a Trustee r 4°~9' ~o" tO save ~ this bosrc~ (Pleae a~ a'b~ief resume) .Chairman) for Health.&.Welfa.r and Pe sion .Fund in excess of 90 Million dollars. h tlxdfy that all the above statesaeu}ts :ire orue, aad I e Sad o ~ in this a $eacioa '~ ~~mnd that anymissntc~e r ofmatcsial facts - PP cause forfeiture upaa my p~ of aay appoinmienrI avy secede.` ~ T{11ZL•. ~ September ~I 24.05 DA2~ 'ore: Z1vs aPplicarion w>71 rerTSaia on file in the City Clerk's OfFce for a period of 2 ~~ais fr s~itzed It n+ill be the spplitsint's responsib~7iry to ensure Iliac a eurreat a cataa s on fitdart it vvu PPk e, Donald R. Dolan is a resident of betray Beach as he is the Executive Vice President of the PLUMBING AND AIR CONDITIONING CONTRACTORS INDUSTRY FUND, INC. with over 20 years of mechanical association expertise including labor negotiations, educational programs, public relations, and seminars. He also has over 20 years experience as a .Trustee for the Health and Welfare and Pension Trusts. Mr. Dolan received his B.B.A, degree from the University of Miaml. Me was an arbitrator for the American Arbitration Association, and a past member of the .International Foundation of Employee Benefit Plans Board of Directors. Mr. Dolan rode with the Coral Gabtes Police for over- six years and was one of the founding members of their Mobile Patrol: ., ,_~ =P.Of9 :UnR?el ~.'id_o~: FHA: t~ICI, '~hlq~c~ `.~.~ ~ ~, 1U.'iS~~US .THU o9:a3 EAR. 58124J.3~7~ CITY t:L~R -.. ~~ ~`~ ~o~ . ~Y~-Pf ~~ --4~c~a4~~~ -;rI19` ci~r o~ oe~~Y s~-~~ ..t , ~ ~AR~ M~MSER ~PPLt~AT10t+~ .~n~2 f Pl~sz rver e~ e~nt ~c ~n~ ~,t~,~~ 2. L,t . Naa,c ~s -r ~ . t u~ ~ ~~.-~ ,~ ~a~.-~ ~-~. - r Rstidenrc , ~ su,c 73p coat B s 4. tae 7;p e 3. o~me oa+c: atnraa £yI-iad, Ce1} Plies . Q yov a zt~strted p~ ~ P S of w, s~c~r r=e poa.~ c-a~ ~ eGIL~ 7. ~dst ECll~ti~ rTi ~On'1~E~Lla In t PStYr 1'~T ~ aRdCt O{p~{tl+~ s. ~ ~rcr~ ~~, ~ ~ ~,, .~ ~~.a.~ a ~ pR~,,~,>,~ c~ ~a~ ~a7 awI aao: _"_." 10, I~sc aay . acidnal'. Baas lict~sts Sao. nom. ~ VY~Q~ ~ ~ ' r- a- ~ry~_~ ~ ~, 11. pac:r .or mo am , and paa Z bC Q Of ~'0~11D ilf~ OD 1~i a.-~. ~ ~} ~oemodnod fa c~ft asay a.oa~ foefcaat spoo m9 part d raj j ~_1_!_~_. ~~~~~ ~~ ~D~ i ma a~CR~p'~ 1C~ OO ~ vc7 ~t ! OE~led 7!~!!e s7....t~.~ :....~~ svbam~ied_ It ~vII[ be tbt s~z'a to ~t t~tt s.ttmtes~ta~iaiccn~ ~~ ~~ !~.(] OCZ ~ ~ 2005 ~1°~~` ~~~RK Alice Finst 707 Place Tavant Delray Beach, 33445 Resume' Application for Neighborhood Advisory Council # 12 Describe experiences skills or knowledge which qualify you to serve on this. board. 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 ChatterIines" 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 BotanicaLGarden League of Women Voters of South Palm Beach County since 1975, Delray Beach Good Government Committee 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. CityRelated Committees - Pineapple Grove Pre Main Street 1993-1995 Beautification Committee Community Appearance Board 1985 Historic Preservation Board .1987 Education Board 1990 - NorthWest/SouthWest Neighborhood 2(102- Side~valk/Beautifcation 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 • ~ ~~o~i c ~~' DEIRAY BEACH ~~/P / _ . Cfry ~~~'~~~~~ CITY OF DELRAY BEACH V .L i12a06 ® BOARD MEMBER APPLICATION ~~~ 1993. C~T~ ~`' 2001. Please type"or print the following information: 7. Last Name- Name / M. I: . 2 Home Address: ~ ~~ ~f 3. Le Residence: ~ . S~ City ~~G City Sta~G State Zip Code 3 Zip Code 4. Principal Business Address: City State _ Zip Code 5. Home Phone: ~~~~~ Business Phone: - E-Mail Address: ~ n/~ia.SA. ~ ~ Cell Ph e• .~ ~~ ~~ t ~ Fax: ~j Z6 ~ 6. Date of Binh ~~ 7. Are you a registered voter? f so, where are you zegistered? 8. What hoard(s) are you rote steel in servin ?Please list in order of preference• Cvlk=~ ~ ~M~n ~i~r~7' C` ~ vfi,~~ ,9z,~ ~• d 9~/~'c~2fe ~"~ -~~ /~!~/l~i~ i~~f ~' ~ ,~ G ~' Sires R:~~ r€~ List all City Boards on which y u are cure y serving ar have previously served: (Please include dates) . 10. Educational qualifications: e ~~ 11. List any related professional certifications and licenses which you hold: - - 12. Crive your present, or most recent employer, and position: - . '~/~~© 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) UC.: /CSC- G~~. fir' _ _ ~~ ~ - I erti that ail the above statements are true; and I agree and un d erstand that an •ss ement of ma ual facts con eel '' 's application may cause forfeiture upon my part of any appointmen~/I may receiye_ /s .~ ~, ~ _ ~/~~/>~ ~(/~(/~i~LI`t%LoCv a~aGs DA?'E - i ~~. {~YI7S 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 currrnr ar,,,t„-~+;,,., ;.. ,.~ nie DEl.RAY BEACH O t- ~ b L ',. ~~,r r 7.993 200 CITY OF DELRAY BEACH °~d'`~~= ``~ BDARD MEMBER APPLICA~'lel~l~~ ~ ~~ - Q OOfi ~~~~ ~ P~~Q ~ 6 ~ Please tune or titint the follo~vinn infnrrnatinn_ 1 _ Last Name: Name ~ M L 2. Home Address City _ State Zip Code 3. Legal Residence: City State Zip Code 4. Principal-Business Address: City State ~ Zip Code S. Home Phone: Business Phone: IrMatl Address: Cell Phone: Fag: ~~ - ~- ,' 6_ a you a registere vo er? If so, wh ` ate y egistered? 7. What Board(s) ate you inteteste in sere' _ Please list in order of preference: ' - ~ r ^ ~ . 8_ List all City Boards on avhich u ate ~rtently serving orhave eviously served (Pleasg ' etude dates) 9_ Educational qualifitati _ t ~ ~ 1/ t E S 10. t any . , red professional cent cations. 'cens which you hold: ~- r 11. Give your present, of most recent employer, and .position: 12 Describe experiences, skilrs of knowledge which qualify you to serve on this board: (Pleas attach a brief tes e) ----- i _` ~ / ~ 2 I hereby cettnify that the above statements are true, and I agree and understand that any misstatement of material facts contained ~ this application map cause forfeiture upon my pant of any appointment tray receive. . o ~ ~ n S A ---_..._. -T._- _ ~~1ote: Th>As application will remain on 51e in the City Cierk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensute~ that a current application is on file. stiarra~x~aeoeenueeucanoN ~~~`~~`` Mercatur Guerrier 1550 Catherine Drive #13 Delray Beach, FI 33445 (S61) 272-6042 Home (S61) 30S-79US Mobile Objective: A challenging Executive Director position in a fast paced environment that will allow for personal growth and career advancement. Education: Florida Metropolitan University Major: Business Management (Retail) Minor: Marketing Overall GPA: (3.55) ' Florida Atlantic University Especial Business courses Experience: 99 Cent Stuff Department Store. 2005 -Present Senior Store Director (Big Box Supermarket) Increased sales volume by SS% less than three moths and Decreased payroll by 30%. Designed more attractive merchandise presentation strategies and special marketing campaigns, resulting in increased store traffic by 250%°. Hired and trained. staff, increased store inventory and expanded merchandise purchases. Responsibilities included, merchandising; customer service, and; all facets of running a department store. Money Corner, Inc. 2004 - 2005 Store Manager (Finance) Offering customers superior customer service and creating the maximum profitability of store operations. Oversee the flow of cash and fmancial instruments in accordance with company policy. Oversee risk of all financial transactions executed by store personnel. contact customers and businesses to promote goodwill and generate new business through. outside marketing, increased sales by 65%. Ensure the completion and compliance of government reporting such as C.T:R, s money order logs, S:A.R's in accordance with company policy. Pinch A Penny, Inc. 2002 - 2004 Store~Manager (Retail) Managed the above store speeializirtg in pool products, with responsibility for 2 employees, Creating a delightful shopping experience for the customers driving sales while~controlling.costs. Building a strong store team through hiring, training and developing. Managing operations including merchandise management, promotional setup, loss prevention and profit improvement. Created window displays on a monthly basis to promote new merchandise, grew sales by 70%. C&M Cleaning & Services LLC, 2002 -Present Owner /CEO Targeted and .profiled prospective customers set up appointments, and implemented challenging sales targets designed. to, grow the business by 3S% quarter on quarter. Adapt in the innovative and profitable .presentation of service and interact with customers on a personal level providing exemplary customer service: Prepared bids, manage contract files and. documentation, currently servicing Broward and Palm Beach County pELR~-1t BFACN ~.. , 1993 2M1~ Please type or vrint the ~ v V ~~ ~c~ ~~1 2~3 J7 7~ RE~~~lI~D CITY ~F DELRAY BEACH pCT 1 ? 2005 BOARD MEMBER APPLICATt~N CITY ~-~ ~~S'~~~ ~~ C~ pane information: ~/7'~ _ ~/ 1. Last Name: ~t ~ l~ ~ 1`3a~ne~L~ f~~ ~t ] 1 ` 2. Home .~ddr ss: ~`~.,.~S~r,.~_,. C - ~ CQ Scat- .Zip Code 3. .L.egal Residznre: City Scare Zip Code ~. I'rincipal$usine~s r~cldr ss: City State Zip Code 5. Home Phi?nt: Bus css I'hont: ~k-:-Mail ~1tldEes Cell Phone: Fax: G. ;are ti-ou a registered vqt .~ ~t ~~ Tf s7, where arc y~~u registered? \ ~`~~ ~~~`,~~ _ ?J %'. VG~ar B~7ard~sl aiti yVU Hire ~estcd iiz serving? Pl~tse list in :?rder cat preFercncc: _ . ~~.~~Y.~U~ 1~0 ~~~`11Sur7 *~C~` $. J tar a~ ! .ity $oard bn whi -h y-ou arc cuizench- serving ur Fia~P preL-ihtis]y. 3crved: (Phase include dales) _ (~~ 9. 1GdilCa;[ibt}al (~ut111~'JfatlOn$: /~ - r ~r ]0. List any relatc~tprofessi Hal certihcati ns and I'censes u:hich ti-cw Iznld: 11. Give yo r~stnt, r m~ r, ~ s[ recen[ employer, and positi. ~ . ~,c~, s. yes ~ e~~ ~-~ 1?. ,lsescribe espericoces, skill. r ~ c.:e.~ or knowledge which.yuaG~3 you a> seLte• o this board: lease attach a bxief xe5umc) ~ _Qc~- dvl C~ f cal t-o' C ,.,( ~ ~~ ~ o r t ~'_ ~ ~ ~.~% I hereby eztify that all ttic abo conta• in ~ application m .. a statements arc true, and 1 agree and understand that any misstatement of material Facts • cause forfeiture upon my part .if any apponumr»t I znap receive. ~~.-~~r 12 ~l.-ooJ Glv,~ RE D -~7E Note• This application .wall -main on ttie m the c..tty ~_ter~:-s ~-rticc [or a penov of :. years rrvm u~~ ux~~c ~i »~a~ submitted. 1. r. will be he applicant s responsibility to ensure that a current application is on tile. 3ef'~TYf. LERK~BO.~RIkA-7L7CwT~4H s, HANSFORD N. ffiGGINBOTHAM 920 SUNFLOWER AVENUE DELRAY BEACH, FL 33445 (561) 499-8331 CORPORATE FINANCE & INVESTMENT MANAGEMENT EXECUTIVE 1990-Present Independent consultant to private and public companies; advising on mattersincluding capital structure, debt and equity financing,. management dynamics, mergers and acquisitions, strategic planning and marketing.. Record of achievemerrt introducing new concepts and services to clients,. turning money-losers into money-makers and capital creation approximating $70 million: Concurrently have held contractual relationships with NASD/IVYSE member firms for providing securities brokerage and financial planning services for any individual and business investment clients. Member firms include Old Dominion Securities, Questar Capital, Round Hi11 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 ofthi°s 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 1988-1990 Marketing Manager ~ - Assumed marketing and P & L responsibility for the 150+ consumer and institutional products ofthis General Mills.manufaeturer. Credited with the creation and introduG- tion of five new brands (11 sku's) during an aggressive line expansion. My eiforis contn~uted to two years of record company revenues achieved within profit .guidelines., EXECUNET COMPANIES ~ 19841988 Partner/General Manager . Created and developed unique enterprises providing consumer and business services; through these successful companies: Eaecunet,-Home Office and Memorybanc Inventory. HANSFORD.N. HIGGINBOTHAM, page 2 DEL MONTE/R.J. REYNOLDS FOODS 1980-2984 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, operations, local advertising and marketing, trade: shows and trade promotion. Managed the regional merger of RJR Foods with Del Monte. PROCTER & GAMBLE 1973-1980 ~D~istrict.I~ield Representative and Unit Manager in the food products division. Managed sales of up to $t 5 million through direct representatives and account mangers. 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 Furman Universities. MERRILL LYNCH, PIERCE, FENIVER & SMITH 19'10-1973 ~cconnt Executive Sold. investmern securities including equities,. fixed income, options, mutual funds and commodities. Branch office leader in opening new.aecounis. EDIICATIOIV/CERTIFICATION B.A, L'beral Arts, LTIV[VFRSIT'Y OF TENNESSEE, Knoxville, Tennessee Series 7, General Securities License- ... Series 63; Uniform Securities Agent State License ~,~ ~ i Q9:18l05 ITON 10.15 FAa 581Y~13S77d GJT-p CL~g DHLIYsE~~ ~ .-, l~ .~Ot12 _ _ 1 ~~, - - ~ 19 . >I- CITY fl.F D~~RR~ ~°-~A~N. . . - ~. -~ ~flA~-f~:g~~Q#~I.~GAT~f~~t RECEIVEQ - ~~, - ~~.,- - ~ ~ SEP. 4 ~ 2005 -~~ ~ vni cat fYiIlo~Iq ~- .~.rr~ - ~ - - tTY -CLERK C Nacre c~ a-~ r . ~ M _ smte - -¢ pcin~.B~~ e~ V-r~~ 3E3'~45 :~ . 6 LLu~,r~a -- C~ Y-2n~~~c~ej ~; Cal _ - ~trrt? u. _ - _ - l_ -f_._~ .~f coo- 4vtiLrenx~ k l +- .r, f~ ` ~= -~'ISatBoacd(g}.ai~yc~iintc~es .ia. - ?~~c`_tyc~ ~ ..i ~ta ~ ~~' (` - ~L~ . - seto9tng? PL.,.sal~cr~ is tatter oF~- ~ . -- t ~ ~srsII tvtty ds as ~.hith ? p`_~ _~ ~ ~' ~-~ dJ ~ - lrl.C . ~.a~ ~,. - *~/ ~ ~. try ~-iSti- ~ L~,n.C,. ~ Sri (~ " a,-~-~-~ ~ • -~ ` V 5~°t ~-scre« (Plose ifld~~ ~- 10. Ls~ .; .~----~ - d PTCi.al:~-~ctifir~issns end. ~ Tv~a :h~it~ - f(O~s at _ . .e. ~' ~- ~~ .:n in ~ae~~ ~ h~tf..~` °a'~s ~ .(fir ~ bzicE ee,-~imc) _ C~e~ ~ :N~~. ~CvS ~ ~u~~~~z ak W~~. (.~c r U c d- - bovic s " - ... In N ItigL _ JS . ~o - -~ W pc~-C. ' ~:e~i t~is9~~%/J _~~Q fob-~.,~P~ ~-f,~,ap`~o~a~ent:Z~. Lume~t~ ~... f p` - _ r - ~ ~ l.-~ .~- • ~itul Ittv~lt-btu ~~~. ~ ~ s L3~,e ~ a - aaQlier~s $~"~~-y~zs fzo~ia.t~c.~.2t ~v3s - ~° ~' caet„~ ~ a=fit-~~-~s , - - - - e~~ 2D0 /-D /-31 D9:~1 ~~ :. fir, 3 .~S~Ut :: ~61638(i223» 7612433!!4 P 111 CITY OF DELRAY BEACH ~'~~e BOARD MEMBER APPL ~?~~-~ C ~.~~>~c(~ ~~ ~ ~~t 3 ! 2001 ~j P7<~ase t oz iit~t the follnwin info~tion: ~~~~ ] _ Last Name: - L lL / None , jam/ M I 2. Home AddLess- ~ City /1' Sta de 3. Legal Rrsidcncc City Stztc /?~~ Zip Code 4. Priacip~ Business Adr3scss: Sate Zip Codc S. H srtie Phone: Business P.bonG L- .Mail Addreas: Cell Phone; F~ ~ t ~3~ 3s~ -~ _~- m ~ ~ i iii ~~ ~~~~, 6. Date of Binh 7. Arc you a xcgisccced vot,[r? If so, whew ace you =egisceacd? 8.' What Bond(s) zzc yt~ intar~sted iu eervinPteast li9t ire order of prt:fcrct,~~:. ?- list ail City Boards on m$icls yoo ate ct~seudy serving or haoe ~reoiously scrvtd: (Please include datr~} 10. Educnrional gtsalificadon - ~S Ac'z~~ua ;~ ~3,~. l 1. List arty rtlattd professional. ecrti6cations and lieeoseawltich yoli Mold: 22 Give our resent, oz mostiecent employtr, and position: ~Gc ~J`~ z ,~-r~ ~ S'~,;~'o /n. ~ ,~~. 'may ~ ~'oG 3 13. D©czib~ ~~tiaaic~, elt~ er ltnoarledba wl~ob c~:n>tEy fro to srr-e „a tkis baczdi (:~11~e i:tterl......ief .,,,,....~} ~wt~c4 ~.~ Qe.+ /-~f.v7S f~t'~F.rl ~/ - ~~~c / ~ .f~.s'~~ I~+1 ~l~/~l/'lL//v i~ J beraby c~rtiFp that all the a ova statement, ata X74, and I ag~cc and und~csr=nd. that nay misstatement of, tnatenal Facts e ~ ed in t}~ie application may cause Fotfdture upon my pace of uiy appoin rat I 'y ueeive. • ~~>~ - D~1?E Nnr.- ~,;.., _ Edon vim: City Clcalt'a Office foi a pcz10Q Of 2 ~ ~°`~' oA ~` "' `t" pc~s Lzom nc~ ctacc it was submitted. It will be thc'spplicznt's responaibtlitp to ensure chat a current apph~don is on 61e. .l~r. ~sl I moved to Delray Beach in.2000 not sure if this was the community my husband and I wanted to commit to after living in the Northeast for most of our lives_ While the transition was not easy since family still resides up North, we found ourselves welcomed into a city that is a microcosm of what we think America should be - a blend, of peoples of al] ages, races, and economic groups. A city that has pulled itself out of doldrums and is a relatively safe and embracing community complemented by the fact that it is sitting in a beautiful environment: We found that we became more active, looking forward to enjoying the beach and parks and attending the many events held in the city. We take pride in the fact that we call Delray. Beach home_ I am sure many of you have seen changes in this city in the past years, but the challenges the future holds can be daunting especially. in protecting the assets that-make Delray Beach anAll-America city. Just drive .down Atlantic Avenue and r}of only can you see . the changes in the city but you can feel the changes. While I have rio experience-sitting on advisory boards to a city, 3 feel compelled to offer what I can, to assisting :the city. that we now call home in some way. I am a well educated woman and spend most of my professional life advising healthcare organizations how to better their businesses, so I am conf dent that some of those skills and experiences can assist the challenges. facing the residents of the city and those elected to manage Delray. I am attaching a professional resurrie to assist in :your review of my application. Thank you for your consideration. Lyiui Klein ~~~~~~~Q LYNN J. KLEIN MAC 2 5 ZflQ~ myoptimaC~aoLcom 114 E. Lee Road "~ ~- Home: (561) 638-3517 Delray Beach, FL 33445 ~ ~~ ` ~ ~"~ Fax: (561) 638-6223 CAREER "SUMMARY A healthcare, business management consultant with extensive experience in the public and :private sector. Areas of expertise include: - Mergers and Acquisitions - Corporate Finance - Forensic Accounting - Business Integration - Financial Analysis and Modeling - Process Improvement - Due Diligence - Cash Management - Business Development Ability to improve efficiency through systems enhancement and re-design as welt as through selection, installation and maintenance of operational and financial computer systems. Ability to manage multi- functional projects. Self-motivator with exceptional interpersonal and. communication skills. SELECTED ACCOMPLISHMENTS Financial and .Operational Business Consulting • Created and implemented a comprehensive restructuring of all purchasing and accounts payable.. functions and systems fora $250M healthcare client to achieve projected savings m excess of $1M in first year, reduce .processing backlogs from 90 days to 3-5 days, reduce payment backlog from 120 days to 30-45 days, and provide on-line reporting to branch locations. • Created financial models in EXCEL for cash basis $1fiM service client to convert cash financiaC statements to GAAP financial statements for timely reporting to publicly held parent company.- • Created a customer Usage mode! that analyzed 10 years of data fora $20AA service client. • Provided all operational. and financial business integration-for 12 practice acquisitions fora $50M healthcare client including systemsconversions. • Assisted clients in the identification of and evaluation of potential acquisition candidates including preparation of financial and operational due diligence. • Assisted two healthcare. clients in successful IPO's (in excess of $100M) by providing financiaE. consulting including audit management, .pro-forma compilations and prospectus disclosure. • Created financial projection models fora $250M healthcare client contemplating an.IPO. • Prepared business plans and assisted clients in accessing investment funds. Industries include pharmaceutical, retail, healthcare. and. e-commerce (internet web-based business). • Installed a customer service call center for a healthcare client that included the use of help desk software to manage staff's ability to assist customers. • Wrote policies and procedures manuals and practice orientation manuals that covered all company functions fora $50M~healthcare client. • Created a medical record audit program that used a team of clinical sand f..inancial professionals to review a hospitals billing and medical record compliance to Medicare regulations. • Vtlrote business plan and assisted in securing. the initial $2.OM investment for an e-commerce business. Provided operational and financial consulting while acting as CFO during the product development phase. Tactical Finance and Accounting • Prepared financial statementr and financial packages for Board of Directors and Senior Management in a $1 OOM healthcare company. Coordinated all financial information to prepare for annual auditr. • Performed all controllership functions including monitoring of accounts payable and payroll processing and approved all cash disbursements and bonus calculations. Reconciled accounts receivable and monitored. reserve provisions. Coordinated and reconciled physical inventories._ Oversaw operations of accountr payable, accounts receivable, purchasing, payroll acid general accounting areas. Lynn J. Klein Page 2 Instituted standardized controls in accounting throughout a $50M region by writing and implementing policies .and procedures to comply with the provisions of the Corporate Audit. Committee. Standardized accounting forms and coding tv facilitate month-end closings and developed account analysis books to provide details of monthly balance sheet activity. Consolidated two $25M regions within 90 days without interruption to financial reporting, cash disbursement and payroll Consolidated multi-state banking arrangements into several major geographic bank hubs increasing cash investments in REPOS, reducing .bank fees and establishing strong bank relationships increasing service to field operations. Monitored multi-branch operating expenses and recommended reduction and cost savings measures to senior management to obtain acceptable branch profit margins. Monitored aged A/R and DSO. changes and provided senior management with monthly reports to assess.early warnings of potential bad debt exposure. ManaQement~ Information Systems • Selected hardware, customized software by designing input screens and reports, and.implemented an audit trail to convert an outsourced accounting process to and in-house system which resulted in a departmental savings .and more timely and accurately reporting. • Utilized database management and mining programs to identify and monitor key business drivers and created daily real-time reporting to operators, which assisted in day-to-day decision-making. • Upgraded the accounting system to resolve an accounts payable backlog that reduced aging of open invoices from 75 to 30 days. • Converted regional office from asingle=user system to a Novel[ network to facilitate accounting processes, provided more timely information to field management and accommodate business growth. Implemented an.integrated payroll. system utilizing ADP products. to create labor analysis reports for field operators, which. provided employees-with rea! time compensation and benefit information. • Selected to chair. the finance team of the MIS Strategic Planning Committee of a.publicly traded healthcare company. Established .definitions and.requirements for amulti-million dollar systems conversion. PROFESSIONAL HISTORY INDEPENDENT HEALTHCARE CONSULTANT, Delray .Beach, FL. 1994 -Present NOVACARE ORTHOTICS & PROSTHETICS EAST; INC., King of Prussia, PA 1990 - 1994 Controller Responsible for all financial reporting in a $110 M division of this publicly traded healthcare company ..:with 55 branch locations.. Supervised a staff of eleven. GOLODETZ TRADING CORP., New York, NY 1986 - 1989 Financial Reporting Manager Responsible for all financial reporting and cash management fora $30QM privately held international commodities firm. Reported directly to CFO and partners. Supervised a staff of thirteen. EARLY EXPERIENCE - "Big 8"audit division and private accounting experience in real estate and brokerage/commodities. EDUCATION AND PROFESSIONAL ORGANIZATIONS • Penn State University -MBA (1999) -Finance St. John's- University B.S. Accounting (1980) HFMA Member -Healthcare Financial Management Association, Florida Chapter Volunteer -Membership Committee, Professional Development Committee ~¢...,, o~~n N c° .o.,o ~ ~ ~ CITY OF Q~LRAY BEACH ~E~EIt/E~` '~~ _//,, ~ y BaARD IIN b C T n ~Z~O~ ~ ~, EMBER ~'PLICATION X993 CITY CLEF~K zoos submitted. It will be the applicant's to ensure that a curreat application is on fik. RESUME FOR BiJNNY (PEARL) MARI:FIELD ELROD Director of Reasearch Dept.. National Enquirer newspaper 14 yrs Realtor Coldwell Banker Real Estate 28 y~•s_ Pres. >ti4eiYitt Park Elome Owner's Assoc. . Pres.:Progressive Residents ofDeiray 1_.eague Of Women Voters, PBC, Board NCember Member SW/NW Redevelopment Task Force from .inception. Resident Delray Beach over 10 yrs.:Proud ov!rner of a historic home(built in 1925) which. we have kept historically intact and very much enjoy preserving. Like iiviug within walking distance of a beautifully,developing downtown area. As a resident enjoying the benefts of a lovely city 1 would like to "give back" to the continued healthy growth of samd. avs a..i ~..~ tam.. ~O,vl I'A.A .7o1L4JJ1 l3 L~111 LLlSt:,d_ -----J ~'~. Ig~OpJ ~ ~ CITY QF DEL.RAY B~A~Ei 1 ~ 2005 ,. - _ ` OCT a_~~ar she ~'a ' - - ~-~~ ~ ~~ ~ ~~ - ~~. ~ 2tiTazae ~ L ~~ ~ +, ' !!•~~ ~( ~ ~ 1 `" ~ \r V ~ t i {-~ ~'_ ~. ~(f ~.~ ~ 1~ L'.~ ~ _ Mate Zip t~r~e J. ``j tt ~~ texas ~'i3U[l~ ~P.ds ~ ~3~'~c1 - t1t ~J~ ~~ ~ I Cr3I Pl~io~ ~~ - ~- Ate; ou ~ i~strs~~ vot€r"? so v~I~e~ _ -,•'.•~ ~ ~ Y~o ~tcd !'Icase.lisc3a flrdtt of p i - ~~ - _ ~.. list 31i qty s t~ ~u a-rc aiurrid s a, . _ ~ --- -- P ~?~' ~ Nava {sr ous~ shoed {case iuc3nd~ dares) - --- , s- u~,adna~ qua,: - _- - . _ ~. - c~ c~eln-~ - ~ .~ 1n .ja4t ~ ~.~d profrssia ~ ee-~tY£eca ~.~.:cuse~ n~+1ai;~ ~ ~, I 9---- i CX 1~ Gi~egvut p~seu~ ozma ~t • ~ ~p~y~, sud pos~tian. - -. - . ~- ~ T baud 1~.~ orb ~ arcs t Gt ~ - i 1rQi _' `f ~.', .~ .. ~~:~:~ `• ~ ~ ~ -`fie. ~-, ~ t ~tamenia ids a~~-3~~: ~S ~ "` ~fe, ~d I ag~cet aud~Qnd that ~,ym~scatcmeac oEmacesa~ faa~s s~u~ _ ~ - Dh?E ~ ran $Iem ~ ~s use fa= z of 2 - - ~. It av1~-f3c " - _ P~~ Yca~ tram the dimc at ~s i - _ , - -- 1 ~ Bill l~liiner 3400 Place Valencay Delray Beach, FL 33445 561-637-8896- -- .Professional History .2001-Present. US Census Bureau-Field Representative. 1999-Present Pre-Paid ~.egal Services, Inc. - Independent Associate 1996-1999 - N{ustapha's Wadi Catering Services- Co-Owner duGation B.A. Interdisciplinary Social Sciences, USF, Tampa, FL - { l can make a meaningful contribution to t1~.e Neigftborhood Advisory Board for #f~e foiio~ing reast~ns: • t understand the .need for and the mechanics Qf building consensus • ~bi.lity to work effectively with people fromi 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 • l know-what makes a community attractive to outsiders and rncelcoming -and comfortable for its residents r DELRAY BEACH An,ane~~cahr CITY pF D~LRAY BEACH ~ 5 2p01 BOARD MEMBER APPL1CATlOtS'~p 2 - © ~ GLE~~ 7 993 G,~ 200 /~,, ,' Please or not the .followun rma 2. Last Name: ~ Name ,~"' M I. 2. Home Address- ,~:( City - Ste Zi Code %% s: c~~. 9 - ~ G~~~ ~ Vii. ~.~~ u 3. Legal Residence: Crty State Ztp Code / ~ ~/ r l 4. Principal Business Address: Ciry- State Zip Cods t ~~ _, 5, Home Phone: Business Phone: E-Mari Address: Cell Phone: Fax: 6.. Dace of Binh 7. Are you a registered voter? If so, where are you rcgisrer+ed3 dCp'~ `';ado v--- - $. Vilhat Boand(s} are y/o/u intereste ~q/ serving?.Please list in order of p f~rencc: 9. list all Ci Boards on w}iiclt you u+e currcntlyservuig or have prevxouslyserved: {I'leasc include dates] 9 ~ ' ~ •~ I0. Educational qualifications: % ~~~ ~ 11. List any related professional- ceiv~cations`and licetucs ~+hich yvu hold ~~ i~ ~ -11'1 I ~ ~ '~ 5~ S - 1Z. Give }sour present; or most recent emp y~; and. ~osaon_ 13. Descrtbc experiences, skills or yvu to serve on a I 6encbyccttify that all the above sratenocnts are true, aad I agree and understand chat any m~isstatemcnt or mazerrsa tads coajai,ocd in ~a~plieation may cause forfeirur~ upon roy part of aay appoint.meni I mzy toceive_ GNATURIr ~ DATE Note: 'This application will retrain. oa, file in the City Clerl~s C~{ice for a period of 2 years Flom Che date i[ ~~ submitted. IL will be the applicant's responsibtliryto eDSure ~ a current applicaUOn i5 on file. ,~ DELRAY BEACH ~ ~ 1993 Zoos RECEIVED CITY OF DELRAY BEACH. ll1 ~,~ g006 BOARD MEMBER APPLICATION CITY CLERK ~o.~-e S~i.~ Of Please or tint the folio information: 1. Last Name: C~.e s ~ ~ G K- Name S a r-r- ~ e.~ M I. =- 2_ Home Address: ~ 3 ~ 5 w ~ 3~ .~ S -t-/-e.-cr-~ City . ~~~ rQ ~-eQ State ~ L Zip Code '~~' Y' 3. Legal Residence: Gt Ei ~ ~ City - ~J 4 vtn -~- Mate Zip Code -' 4. Prinapal $usiness Address: City State Zip :Code 5. Home Phone: SrOI'33O-g•~1Q Business Phone: DVpTa.~. E-Mail Address: Cell Phone: 5(ot'ZSI-6"1c,~. Fax: ~"'..'. 6. Date of Birth t Z:f 24 ~~o 7. Are you a registered'voter~ If so, where are you registered? , e 5 pe tY ~,~, , .`c ~~ ~' l -I 9 8. ~ What Board(s) are you interested in serving? Please lisrin order of refeten,ce: ~-~. }a~~ Ptrtstwwf~.M Pad. `~ Lh ~~ ~ u~~ hale . li c-~'~2 Y~ a.. R~-~ ~ ea 9. List all City Boards oa Which you are currently serving or have previously served: (Please include dates) g. ~d t! S y1'1~' ~ ~ Q~/ (i~D K 'j!d ~ (o.~s- 4ar~ .. - -~ .. ~.. 10. Educational qualifications: ~~3 lcck-etaf . e G~~ ~ ~ ~,~. fl, Gs . le ~ . . ~ . teG'r4 . . 11. List any related rofessional certifications and licenses which you.l~old: -e cc Y~ u wr~2 12 Give your present, or most recentemployer; an23 position: t cttt.~ a a NtJ.r but l ~., 13. Descabe experiences, sky7ls or knowledge which qualify you to serve on this board: (Please. attach a brief ) -G V Y~l ~ .. -sit -oy+sQ t~j C vttt=-~ " G k ~t S ~t emu. L ' H,. v-. t :c.L p . ~h tua~ 61~ ~e3 ~`~~la I hereby certify that all the above statements are true, and I agree and understand that any-misstatement of material facts contained is this application may cause forfeiture neon my part of nay appointment I map receive. ~~L ~1 ~~ SIB DATE - tvote: 1'tus appllcatton will rr_rr~a,n on file m the City Clerk's Office for a period of 2 years from the date it was Samuel Resnick 2835 SVV 13th Street Delray Beach, Fl. 334.45 Ph# 361.330.8419 Resume of Samuel Resnick I _ Education a) Grraduated from City College of New York in Aug. 1949 with a Bachelor of Civil Enginering 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) Refuted professional engineering licenses- Florida, Connecticut, New ' York, New Jersey, and Vermont. ~_ b) Retired registered architectural licenses- Florida; Connecticut, New York, Mass., Vermont, Delaware, Pennsylvania, and the National Council Architectural Review Board. c) Certified as Chief Budding Official by State of Connecticut in 1979. 3.Organi2ations a) Vt~as member of State of Connecticut Codes and Standards Committee from 1982 to June 1987. b) Adjunct Assistant Professor, in Civil Engineering Technology at Norwalk State Technical College. - ~ - ' c) lVtember of the construction panel of The American Arbitration - Association. ~ Member of the Palm Beach County Board of Education oversight committee on school construction from 1995 to 199G. 4. Experience a) Oct. 1991 #o Mar_ 1995- Considtant to the Mayor of Norwalls~ Ct See attached-letter. . b) August 198 to 'Oct. 1991-Private practice as Architect Engineer. c) March 1978 to August 1986- Director of Code Enforcement and. Chief Binding Official. d) June 1957 to March 1978- Private practice as Architect Engineer. _ e) From 1939 tti 1957- (except for two years in U,S. I~Tavy and three years . . in enginering school) worked for various architectural and engineeringfirms: . '. v ~ .... FEE;-~_i ~ -?«r~ ' 1? ~ ~r~ DFLRAY ~Filf H . ~~~ ~ 7 993 207 1 _ Luc Name: _~Nrp 5 2. Hamc Addzcsr_ _~~ 0~ 3. Leal Residence: ~ ~ 09 Namz M~ i A- t~ Gty State Zip Code DE~2R'f 4~t`rt~- I=r_ a3Y~f S City Srsre Zip Code Cl'~'Y OF DFL R~G~1 RAY BEACH FEB ~ 7.2407 BOARD 11AEN1BER APPL1CATtON ~J~~C CITY ~~- ~~C.~ ~ i~ormatio - a. ~~~ N ~ ~ EI~L,.ItaF:I~E: ~?. =;Cq J5 1 `~r•1 -1 7-3'=!7 F'. Ct?. [i.; ~o~ \/ED or print the 4. p'rlnapal Business Address 5_ Home Phone Business phone• G. Dare ,of Birch g ~ 5,~ "' Lisrall City 5tace Zp~+~ d • ~.-1 ~.•~ .naaress: CeII Phone: . 5[e l Far: 7. Are you a repisceied votes? ~'7Y f so, nhere are you registered? ~S ~ q im $c~ C o -. are you ince:esrcd in seeing? .Please use in order of Prefarncc_ QtQ ~n~ ~ Z~r1in '- IUCr'; hbpt-hAOd ~ si ~-(' Pl<2~. ~(-Qeyr'~ry on vrhich pau arc currently scr,rin or have prey; $ ouslp ser^.ed (P1ea~vc include dates) N 10. Pducauonat quali{sr3a,ons . 11. ~ List any related professional cerd6eatians grid licenses tvlz£ch }-ou hddr S rats ~ -+` ~: L~fC Nt~lffi ~'Yl1r1:4blf ~~~ 22. Give your piesea~ or most recent employer, and position: l3. De~ribCn • ~lvGirds •t- ~hS~ Zf`~C ~`~LrtCroZl ~ crpeamccs, stalls or knotvled~ v~hscb qualify yon m serve oa this bo-,ud; S (FlCasc '_ see rC5 ,r m~ af~~~ I hefeby rectify that ~dl the above statements ate true, and I ao et and understtnd that aup missmcemencof manerial fats conrdined inthic applicatiact map c3aisc forCcituce n ~ '=Po Y part of any appoinus-cnt I may receiver ~ ) •SIGN~iTURE ~~-'` ~ ' ~'~ ~ ( Ltl~'~ n-FP~, . ~ DA'jE . - ~ -: Phis appLcarion w~l rrrnain on HIe in the Ci CIerk's Office for a submiacd_ It ~ be the ~ )s ~ ~ ~ period of 2 years fironi the dace it was pp ~ctnc's res onsihili co ensure chat a current application is on filc_ -ire 3 ul fan t attzeh a bacfresume) FEE:-ri ~ -=~r~r~? 1 _ = .?d i F-1 G EI~tdHFL+~. ~C ~:nl h: 1 ~r,l ~ 3-t ~ -lr+'; F• . [~. ~t~.-1 . February 7, 2007 Dear City Commissioner(s), It is my pleasure to seek membership into one of the following advisory boards: Education, Planning & "toning, Neighborhood and Site Plan & Review, As a resident of Delray Beach for the past three years, I have decided to commit myself to the betterment of this great city in which ' I live. As a Bexley Pazk resident, I know first hand the power of a city working together for its residents and hope to take part in future accomplishments. i have always been involved in communities where 1 live because I feel that it is crucial to take an active role and believe in the improvement of such places. I know that I will be an integral part of any of the advisory boards for which I may be selected. Some of m-past experiences of leadership include serving as President of the Student Advisory Board at Golf Coast Community College in Panama City, Florida.. in this position, l oversaw a group of 25 students in developing, coordinating & implementuig activities for the college. Together, we fostered an environment for students to take active participation within our college. Not only did we promote student development and involvement, we served our community through volunteering: I am a participant in Lead'eTShip Delray and volunteer to assist the Education Foundation Committee in planning the Annual. Education Foundation'Auction. This is just an introduction to piaying an active role in my communiry.. l wish io.further this by serving as a member of an advisory board. It takes initiators, such as me, to help organizations succeed which I plan to do for the City of Delray. 1 have served on various boazds throughout. my educational yeazs acid comprehend the importance of dedication required of members. I now plan to include this. aspect into my personal ~. profes$ional life and ask that you consider me for a member of the Advisory Boards. Cordially, ~~~ Ria Santos FEE: r,;•-?r_~rr; 12~'n H i~ ED~•-HF•Ir, g mltS i ~F.1 ~~-~ ?-19; F.rT.t.r,.~ Ria Santos 4636 Danson Way Delray Beach, FL 33445 TeI; 561:516.0788 Email_ ra.santos~aQedwards_com WORK EXPER.I~E.NC£ A.G. Edwazds & Sons, Inc . November'03 -Present Boynton Beach, FL Registere~i,Finanriat Associate Financial Co~isuitant ~- Assist individuals in developing.retirement/investment strategies ~- Work with businesses in implementing Retirement Plans ~+ Assess clients' investment needs and goals ~- Conduct educational workshops . + Service clients' specific issues relating to their portfolio Aeon Corporation ~ August '02 -September '03 Nagano, Japan Foreign Et2glish Teacher Teach conversational English to students, business professionals and housewives ~- Piepared/developed lessons unique to various levels + Worked with Japanese Teachers to develop .curriculum ~-_ Helped students progress with the English language ACHIE~~M£NTS f~ ORGANIZATIONS ~ Cum Laude ~ Delray Beach Chamber of ~ Student Leader of the Yeaz Commerce . ~ President- Student Activities Boazd ~ Leadership Delray partiapant . ~ Senior Class President ~9 .Habitat For Humanity Phi Theta Kappa ~ Women For Excellence ~ Volunteer UCF ~ Catholic Counsel of Women ~ Rotary International, Delray Sunrise ~ Florida Women's Business Center Advisory. Board OELRAY sFr~CH - ~c//yI//) / SIC-cT'~ Y~ ~%7 e . 1 ; ~ ~ . c~~r~rof of ~~~~~~~~. LRAY BEACH FE BOARD MEMBER APPLICATION B 0 9 2006 zQO9oi ~~T1~ ~~...~ ~~ - . ~~ Plcise or rinc tht faIIowin in~ormarion: ~ ~ ~~`i'Ct 1. Lravt Name: Name . VU i I t i c~.YYI ~ -1z~~1~ ~ ~_ j 2_ Home .Address- ~~~ nl:v~ ~~ ar~nvc, qty ~l~-a -~~~i~ s~ ~ Cade 3. Legal Residence: _ -- p~'Y1E.. ~ Sratt 'Lip Cc~dc 4. Praneipal $vtitxss Addrats_ City State Ztp Cade 5. I3onx Phone: Business Pt 6. Are you a repsccrec~ voter? 7. Whac Board(s) arc you inceresced ui g. List all City Bgacds 9. F~lucational. quali6~ti iU. List auy related emfc 11. or 1Z Descnbc caperiemcs, E-Mul Address: Cell Phone: AIF'Y~ @ C~2I . 'lei. i'k~~ Ol!`~ If so, w}iere are yVu rtgistcrccl? se liuc in order of ptefeceoct: Faa: ~~~ err-e dJ' ~~$ or ha.+e prcoiovsly served. (Please inclocie dates) ssional certi£tcations most recent ca loy .D'1 ~ 'lY-j f Wills car kaowldd~ ~}lj~ which you.. ro serve on this board attach a brief resomc). I hereby certify that all the above statements are true, and I agree and unde~tand that aay m~a*~rv~n ed in this application may cause fotfcinuc ry of an ~---~c°t of material fates uP'Q ~y P~ y 4PPoinancnc I may rrceie: ~ ~ ~k`i _ DAB Noce: ?his Application will remain ota ~ ~ the Gry Cler$'s Office for a period of 2 years. from the date is wu submitted. Irwin be the applicant's responsabiliry co ensure thaz a current applicauon.is on fly. s~cma~?Pno~Dwrtx.no.~ DELRAY BEACH .~. ~~. • ~~~~ f~ ~ 290 CITY OF DELRA,Y BEAC~ ~~. ® BOARD MEMBER APPLICATION L~ ~r'~c/f _ - G Please type or print the following information: ~ ''y~~/ l . Las Nam - _ e ~ IvL L - L 2: Home ddress: ~ ~ Ci~ty~ State Zip Code S G~ L 3_ Legal Residence: City State Zip Code ~~ ` ~ .. ~,~/ B~ FL ~ 4. Prindpal Business Address: City . State -Zip Code agGoo r I ~~ ~ef ~~ ~3 S. Home Phone: . usmess Phone: E-l~la.il Address: Cell Phone: Fax: 6. Date of Birth 7. Abe you a. registered voter? If so, where are you registered? 3 -5 ~ - ~ ~~~ -- pB. e 8.: What $oard(s), are yogi interested rn serving? Please.list in order o ,~eferenc ~ _ ~ r g _ So rrJ.~ 9: I:ist all-City Boards on wtitch x¢~~i~,~c~atrently se~"ing or have previously scrved::(Please in. ude dates ' ~t -- - - . "F~ . ~~~.-- 10. Educational qualifications: " _ ~ . .~ . ,` . 11: List any related rofessional .ce !cations and licenses whi u hold: 12. Give.your present, or most.recent employer, and position: -j-{A~e ~L - be -~ o Educ~a.~`o ~ ~; v o 'y a. o ' i 13. Descn`be skis of knowledge which .qualify you to scree on this board: {Please attach a brief ruume) ~ - Thereby certify that alt the above"statements are tine, "and I agree and understand that any misstatement of material facts contair-ed in this ap tion may cause forfeiture upon my part of any appointment I may receive. -~ 1 SIGNATURE DATE - . IC~f ,. Note: This application will remain on file in the C.tty Clerk's Office for a period of 2 years from the date it was submitted. It will be the.appIieant.'s resoonsihility r~ e~ncnrw.r},~r ~ .-„~Pflt .,.,Kr,,,..;.,..:~ ,... hte PHYLLI~ WILLIN~HAM 7.l`4. SW 5 _Aynnue Residence:. =~.h1,71b.h].S~ belray Beach, FL 33444 Email: PEWillingham a~aol.com ~iV. _E Counseling Coach or position extending my academic background for my Master's of Science degree. BACK.GBflIINp ~IIMMARY Detailed-oriented, Records Management Professional with extensive experience in the Workers'. Compensation industry. Diversified leader with the proven .ability to access, evaluate, and make decisions pertaining to records retention and storage. Hands-on iecordkeeping knowledge aRd experience in developing.. and implementing scanning and imaging system in Records and Information .department. Actively coached and developed staff with a proven ability to transfer job knowledge and- skills to all leuels. Wrote and published departmental procedure manual. Currently in the process of transitioningprofessional careerpath to Counseiin_g/Psychology, .ERn~'F~~IDNAi ..~XEEBIELY DIVISION of VOCATIONAL REHABILITATION; Delray Beach; FL 2005 -Present Yncabiarsal.Rehabilitati~n ~Cnun~elar_ • Counsel rriental%physical impaired individuals toprovide vocational rehabilitation services • Interview and evaluate mentaUphyscal impaired applicants • Confer with medical and professional-personnel to determine type and degree of impairment, eligibility.for services, -and feasibility of vocational rehabilitation • Accept or recommend acceptance of suitable applicant • Determine suitable job or business consistent with applicant's desires, aptitudes, and phy_ sisal, mental, and emotional limitations • Plan and arrange i'or ap_plicantto studx Qr train for job • .Assist applicant withpersonaI ad'ustment throu .J ghout rehabilitationprocess • ~ Aid applicant in obtaining medical and social services during training and afterplacement NCCI, Boca Raton, FL X987 - 2004 National Council on Compensation Insurance Holding, Inc.) ~.d~uinirtzative~si~,~~.II . • Administrator for electronic off-site storage system • Managed andpublished information/news articles as requested usng__otiline news service • Provided research and analysis to seven corporate la ers ~'~-' Prepared and maintained weekly departmental reports. • Responsible forprogram~ administration of the records retention schedules MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ESTELIO BRETO, SENIOR PLANNER ~ PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING ~Q THROUGH: CITY MANAGER DATE: NOVEMBER 1, 2007 Q SUBJECT: AGENDA ITEM # ~ ~ ' / ' -REGULAR MEETING -NOVEMBER 6, 2007 CONSIDERATION OF A REZONING REQUEST TO ALLOW A MODIFICATION OF THE BLOOD'S GROVE SPECIAL ACTIVITIES DISTRICT (SAD) ZONING ORDINANCE NUMBER 51-95, IN CONJUNCTION WITH A NEW MIXED-USE DEVELOPMENT KNOWN AS MIDTOWN DELRAY CONTAINING 116 TOWNHOUSE UNITS (OF WHICH 32 UNITS ARE SUBJECT TO THE FAMILY WORKFORCE HOUSING ORDINANCE) AND 29 571 SQUARE FEET OF MEDICAL OFFICES PURSUANT TO LDR SECTION 4.4.25. ITEM BEFORE COMMISSION The item before the City Commission is adoption of Ordinance No. 46-07 which modifies the Blood's Grove SAD (Special Activities District) Ordinance 51-95, in conjunction with a new mixed-use development known as Midtown Delray containing 116 townhouse units (of which 32 units are subject to the Family Workforce Housing Ordinance) and 29,571 sq. ft. of medical offices to be located at the southwest corner of Linton Boulevard and Old Germantown Road (4600 Linton Boulevard). BACKGROUND At its meeting of October 16, 2007, the City Commission approved on first reading Ordinance 46-07 which amended Blood's Grove Ordinance No. 51-95, to allow the construction of 116 townhouse units and a 29,571 sq. ft. medical office building, with the following directions; • That aesthetic improvements are made to make the architectural elevations more visually appealing. This should include measures to reduce the height and mass of the townhouse units; • That alternative ingress/egress to the residential portion of the site be considered; • That the proposed landscape perimeter buffer along the west property line shall be substantially increased; and • That efforts be made to minimize the requested waivers with particular direction that the required 25% open space preserve requirement be met. The site development plan was approved subject to conditions (by a vote of 4 to 2) by the Site Plan Review and Appearance Board (SPRAB) on October 24, 2007. This approval was subject to the conditions attached as Exhibit "A" and summarized below: City Commission Documentation: Meeting of November 6, 2007 Conditional Use Request for SAD Rezoning of Bloods Hammock Groves for Midtown Delray 1. That the applicant shall at a minimum revise the site plan and landscape plan to comply with the required 25% open space preserve area requirement. 2. That the ingress and egress drive way to the proposed development shall be modified; 3. That the proposed landscape perimeter buffers shall be substantially increased. 4. That a 5 foot wide sidewalk shall be provided along Park Access Road and Linton Boulevard, and that the 5 foot wide sidewalk be depicted on the site plan, landscape plan, and engineering plans; 5. That the workforce housing units shall be evenly distributed among all proposed townhouse buildings. 6. That every effort should be made along the western property line along Orchard Lane to stagger buildings number ten, twelve, fourteen, fifteen and sixteen. 7. That the exterior perimeter landscape buffer shall be increased where possible to maximize buffering along Orchard Lane and Park Access Road. The applicant has revised the development plans to comply with SPRAB conditions and City Commission directions. The modifications include the following: 1. Traffic calming devices have been added both internal and external of the project; 2. Sidewalks have been added to the perimeter of the property along Linton Boulevard and Park Access Road; 3. The western exterior perimeter landscape buffer has been preserved and will be increased where possible to maximize the buffering potential along Orchard Lane; 4. The ends of the buildings (side elevations) have been further enhanced with architectural features including a new balcony; 5. All of the buildings along the western boundary are now staggered. 6. The overall massing of the roof height has changed. The overall height was originally 39.4 feet (mean roof height). It is now 31.9 feet (mean roof height) for a total reduction of 7.5 feet; In addition to modifications of the plans the applicant has undertaken additional traffic counts and analysis along Germantown Road and at the intersections of the school access road and Germantown Road, and Homewood Boulevard and Germantown Road. Further, the applicant has held meetings/telephone conversations with various HOAs members (Hammock Reserve, Shadywoods and Verona Woods). WAIVERS The modified plans eliminate the need for two waivers (open space and stacking distance). The following two waivers are requested: 2 City Commission Documentation: Meeting of November 6, 2007 Conditional Use Request for SAD Rezoning of Bloods Hammock Groves for Midtown Delray • A waiver to reduce the minimum pavement width of the interior roadway from 24 feet to 20 feet [LDR Section 6.1.2(C)(3)(a)]; ^ A waiver to provide a sidewalk on one side of the street instead of the required sidewalks on both sides of the street [LDR Section 6.1.3 (D)(1)(b)], RECOMMENDATION By Separate Motions: Rezoning Move approval of the SAD Ordinance 46-07 which amends Blood's Grove Ordinance 51-95 for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and does meet the criteria set forth in LDR Sections 2.4.5(D)(5), 3.1.1 and 4.7 (Workforce Housing) of the Land Development Regulations. Waiver #7 Move approval of the request for waiver to LDR Section 6.1.2(C)(3)(a) to reduce the minimum pavement width of the interior roadway from 24 feet to 20 feet, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(6)(5) of the Land Development Regulations. Waiver #2 Move approval of the request for waiver to LDR Section 6.1.3 (D)(1)(b) to provide a sidewalk on one side of the street instead of the required sidewalks on both side of the street internal to the project, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(6)(5) of the Land Development Regulations. Attachment: ^ Exhibit "A" SPRAB Conditions ^ Revised Site Plan ^ Revised Floor Plans ^ Revised Elevations ^ Planning & Zoning Board Staff Report of September 17, 2007 3 City Commission Documentation: Meeting of November 6, 2007 Conditional Use Request for SAD Rezoning of Bloods Hammock Groves for Midtown Delray EXHIBIT "A" - SPRAB CONDITIONS 1. That the ingress and egress drive way to the proposed development shall be modified; 2. That the proposed landscape perimeter buffer shall be substantially increased. 3. That a 5' wide sidewalk shall be provided along Park Access Road and Linton Boulevard, and that the 5' wide sidewalk be depicted on the site plan, landscape plan, and engineering plans; 4. That a plat must be recorded prior to issuance of any building permits; 5. That a bus shelter along Linton Boulevard shall be constructed according to specifications that will be provided by the City Engineer; 6. That the workforce housing units are sold in accordance with LDR Section 4.7.7; 7. That the terms of resale of the workforce housing units, pursuant to LDR Section 4.7.8, be included in the deed or restrictive covenant and recorded in the Public Records of Palm Beach County; 8. That no amendments to the covenants shall be made unless by written instrument approved by the City; 9. That the applicant shall coordinate with the Community Improvement Department on buyer eligibility and housing prices for the workforce housing units; 10. That the applicant shall include clear language in the Home Owners Association documents as to how the maintenance fee for the workforce housing units will be established and that the proposed maintenance fee be approved by the City; and 11. That the workforce housing units shall be evenly distributed among all proposed townhouse buildings. 12. That there be an emphasis placed on safety; 13. That there be traffic calming devices inside and outside the complex; 14. That possibly a stoplight be installed across from the school; 15. That there be a reduction in parking and an increase in green space where possible; 16. That there be sidewalks for pedestrian traffic; 17. That the photometric plan need to be revised, separating the medical parcel from the residential parcel foot candle illumination levels; 4 City Commission Documentation: Meeting of November 6, 2007 Conditional Use Request for SAD Rezoning of Bloods Hammock Groves for Midtown Delray 18. That every effort should be made along the western property line along Orchard Lane to stagger buildings number ten, twelve, fourteen, fifteen and sixteen enough to provide additional buffering; 19. That the exterior perimeter landscape buffer shall be increased where possible to maximize buffering potential along Orchard Lane and Park Access Road; 20. That all Landscape Technical Items are addressed and three (3) copies of the revised plans are submitted; 21. That where possible excess parking should be reduced and additional landscaping and open space shall be provided; and 22. That wherever possible the buildings shall be staggered and center to the project to provide additional landscape buffering; 23. That original color chips be submitted; 24. That the side elevations of buildings number five, seven, sixteen and seventeen be further enhanced with additional architectural features to make them more interesting; 25. That the applicant shall stagger the units of the buildings to allow a more attractive roof line; and 26. That there be some variation in the colors of the buildings. 5 ORDINANCE NO. 46-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELR.AY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED SPECIAL ACTNITIES DISTRICT (SAD), GENERALLY LOCATED SOUTH OF LINTON BOULEVARD AND EAST OF MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN, AMENDING ORDINANCE NO. 51- 95; AMENDING THE ZONING DISTRICT MAP; AMENDING SECTION 4.4.25(G), "S.A.D.s," TO ADD SUBSECTION (10) MIDTOWN DELRAY TO THE LIST OF APPROVED S.A.D.s; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Midtown' Delray, LLC is the fee simple owner of the parcel of land as more particularly described herein; and WHEREAS, the subject property hereinafter described is within the corporate limits of the City of Dekay Beach, Florida; and WHEREAS, the subject property hereinafter described .presently has a Future Land Use Map (PLUM) designation of TRN (Transitional); and WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board for the City of Delray Beach, as local planning agency held a public hearing and considered the subject matter at its meeting of and voted to recommend that the requests be approved, based upon positive findings; 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 changes are consistent with the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida be amended to reflect the revised zoning classification. WHEREAS, this ordinance is an amendment to Ordinance No. 51-95, which was passed on September 19, 1995. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Zoning District Map of the City of Dekay Beach, Palm Beach County, Florida be, and the same is hereby amended to reflect a zoning classification of Special Activities District (SAD) for the following described property: A f'~+RCEL [}F L ~1 S'EGT#tafd 25. TOtSHiP 4Ja SQ~.fTN,1t,6E ~2 EAsT~ ~.IW1 f3E# COCINTY, FLA. ~EEt F{1LE.t}WS C~1-ENCE AT THE RT'~~T COQ ~ T~ 1PL~tT tDF E t~ As RE PLAT 8+~ti+t ~~ #~J~iE5 1 AN4~ ~. ~ TFTE Pi.OC RECi~RC1S C~' ~J~L~! ~t1 QTY. f'Lbf2'!t1A. TNh' a~U`1'Pi t}1• ~D't~" E°fi, ,~Lt~ ~1°~ ~"s~~` LIJ~~' (~" ~3 I?L~T t;~ 1= J4~ G~JASE, A pl~T~hicE OF 7p7:79 FEET. 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LIFJE C~161.(?(1 flrCt W1_ST t,1F APJC9 #>AIZAL[EL Tt1 THE TEST LN4E F'L}1` €1F IFEIIRE CHA¢E: tHE S0~1TH ~~°3~'i9" E:~ST ;,'~LQNC S,41D PARALLEL L.tt~, A t;tST~"~E 4+F 11tri.~2 FEET T~Q THE F'J3iPIT tiF E~EG1FJt`G. ~(11~ITRdNJ ~2~,5~5 SQl1E E'E>ET t~-.$61 RC,~£'~1 ~ 1.iA1o1f3, ~f LESS, Section 3. That Chapter Two of the Land Development Regulations has been followed in establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in the Special Activities District (SAD) Zoning District as defined by existing ordinances of the City of Delray Beach. Section 4. That pursuant to Section 4.4.25 "Special Activities District (SAD)" "Allowed Uses and Structures," approval for the subject property described in Section 2, above, is hereby granted for a mixed use development including a 29,571 sq. ft. medical office building and 116 residential market rate and workforce townhomes. Section 5. That structures (dwelling unit groups) shall not be located closer than twenty- five feet (257 from each other. Section 6. That Section 4.4.25(G), "BADS," of the Land Development Regulations of the City of Dekay Beach, Florida, be, and the same is hereby amended to add Subsection (10), (10) Midtown Delray, Ordinance No. 46-07. Section 7. If approved, any future site plan modifications will be reviewed by SPRAB. The following development standards, deviations or waivers for this SAD, include, but are not limited to the following: 1. LDR Section 4.3.4 (I-~(6)(b)(4) 2. LDR Section 4.6.9 (D)(3)(c)(1) 3. LDR Section 4.6.16 (D)(2)(b) 4. LDR Section 6.1.2 (C) (3) (a) 5. LDR Section 6.1.3 (D)(1)(b) Section 8. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 2 hereof. Section 9. 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ITEM: Modification of Blood's Grove SAD (Special Activities District) Ordinance 51-95, i conjunction with a new mixed-use development known as Midtown Delra containing 116 townhouse units (of which 32 units are subject to the famil workforce housing ordinance) and 29,571 square feet of medical offices. GENERAL DATA: Owner/Applicant ....................... Location ...................................... Property Size .............................. Existing FLUM ........................... Proposed FLUM ......................... Midtown Delray, LLC southwest corner of Linton Boulevard and Old Germantown Road 9.86 acres TRN (Transitional) No Change Current Zoning ............................ SAD (Special Activities District) - Bloods Grove Proposed Zoning ........................ SAD (Special Activities District) - Midtown Delray Adjacent Zoning ................North: RL (Multiple Family Residential -Low Density) East: OSR (Open Space Reserve) South: CF (Community Facilities) West: RM-8 (Multiple Family Residential - 8 units per acre) Existing Land Use ...................... Proposed Land Use .................... Water Service ......................... Sewer Service ........................ Primarily Vacant Land with Vacated Industrial and Retail Structures Mixed Use Development Existing on site via an 8" and 12" water main and several fire hydrants Existing on site via an existing 8" sewer main Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray -SAD Ordinance Page 1 ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on a modification of the Blood's Grove SAD (Special Activities District) Ordinance 51-95, in conjunction with a new mixed-use development known as Midtown Delray containing 116 townhouse units (of which 32 units are subject to the family workforce housing ordinance) and 29,571 square feet of medical offices to be located at the southwest corner of Linton Boulevard and Old Germantown Road (4600 Linton Boulevard). BACKGROUND ANALYSIS On April 18, 1994, the Planning and Zoning Board considered a Future Land Use Map Amendment (94-1) for 94 acres (Bloods Grove) from County MR-5 to City designations of 40 acres MD (Medium Density), 40 acres LD (Low Density), 10 acres CC (Commercial Core), and 4 acres OS (Open Space). These proposed designations would have allowed a maximum of 680 units. The accompanying development plan proposed 250 apartments and 375 attached single family units (total of 625 units). The Planning and Zoning Board had concerns over the proposed intensity. The Board recommended the proposal be modified to 64 acres of Low Density, 16 acres of Medium Density, 10 acres of transitional, and 4 acres of Open Space. Under this scenario a maximum unit count of 519 units would have been allowed. The City Commission heard the request on May 17, 1994 and voted not to approve the amendment, citing concerns over the overall density of the proposal. On April 17, 1995, the Planning and Zoning Board considered a Future Land Use Map change for the same 94 acres from the County Land Use Map designation of MR-5 to City designations of approximately 51 acres of Low Density, 29 acres of Medium Density, 4 acres of Open Space, and 10 acres of Transitional. The zoning designations accompanying the FLUM amendment allow a maximum of 488 units and low intensity commercial uses. The FLUM amendment that was part of 95-1 was recommended for approval. On May 2, 1995, the City Commission approved transmittal of the request to DCA. On July 17, 1995, the Planning and Zoning Board considered the related annexation and initial zoning of PRD-5 (Planned Residential Development), RM-8 (Residential Medium Density, 8 du/ac), OS (Open Space), and SAD (Special Activities District) for Bloods Hammock Groves. The proposed residential zoning categories (PRD-5 and RM-8) will allow residential development at maximum densities of 5 and 8 units per acre respectively. The open space designation accommodated an existing hammock environment which was to be preserved. Under the SAD zoning designation (subject property) the following specific uses were approve: • Thirty-three thousand and five hundred (35,500) sq. ft. of Citrus Packing House, related office and retail uses (floral, fruit sales, gifts, and juice bar) subject to a maximum retail component of 10,700 sq. ft. • Additional retail sales such as convenience foods, household supplies, garden and lawn supplies, drugs and medicine, small appliance sales and repairs, baked goods, delicatessen goods, subject to a maximum of 5,000 sq. ft. of floor area allocated to a single retail use, or groups of retail uses not to exceed 20,000 sq. ft. maximum. • Provision of services such as: barber and beauty shop, dry cleaning limited to onsite processing for customer pick up only, dry cleaning and laundry pick stations, financing e.g. banks and similar institutions excluding drive-through facilities, laundromats limited to self service facilities, equipment rental, newsstands subject to the maximum area devoted to a single tenant for service uses not to exceed 2,000 sq. ft. in floor area and the floor area allocated to groups of service uses not to exceed 10,000 sq. ft. maximum. • Up to 7,500 sq. ft. of restaurant use excluding drive-in, drive-through facilities. Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray -SAD Ordinance Page 2 • Professional, medical, and general business office uses, • Residential uses as allowed within the RM zoning district (maximum 12 units per acre). • A maximum floor area for the combined uses is not to exceed 65,000 sq. ft. On September 5, 1995, the City Commission approved the annexation and initial zoning of PRD-5 (Planned Residential Development), RM-8 (Residential Medium Density, 8 du/ac), OS (Open Space), and SAD (Special Activities District) for Bloods Hammock Groves (first reading). On September 19, 1995, the City Commission approved in second reading Ordinance 51-95 which established the initial zoning classification for that parcel of land known as Blood's Grove Orchard. Development of all but the SAD portion (9.861 acres) has occurred. Pursuant to LDR Section 2.4.4(F)(2), more than 25% of the development has occurred and the overall plan including the SAD portion is considered vested. Now before the Board for action is a request for a modification of the Blood's Grove SAD (Special Activities District) Ordinance 51-95, in conjunction with a new mixed-use development known as Midtown Delray containing 116 townhouse units (of which 32 units are subject to the family workforce housing ordinance) and 29,571 square feet of medical offices. REQUIRED FINDINGS REQUIRED FINDINGS (Chapter 3): Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. Pursuant to Land Development Regulations 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 (PLUM). The subject property has a Future Land Use Map (PLUM) designation of TRN (Transitional) and a zoning designation of SAD (Special Activities District) which are consistent with one another. SAD Zoning is deemed consistent with any land use designation on the Future Land Use Map. The uses allowed within a specific SAD shall be consistent with the land use category shown on the Future Land Use Map. The uses, activities, and characteristics of a SAD are to be consistent with the Comprehensive Plan, suitable and compatible with surrounding existing developments, and with the proposed character of the area. This standard has been met. Pursuant to LDR Section 4.4.25(6)(1), all uses which are to be allowed in a particular SAD shall be established at the time of establishment of the SAD zoning designation through inclusion in the rezoning ordinance. Additional uses may be allowed after review and recommendation by the Planning and Zoning Board and approval by ordinance of the City Commission. The site plan depicts town house residential development and a medical office building. Modification of the existing SAD Ordinance to change the allowed uses to these uses (residential and medical office) is being processed as a rezoning application. These two uses are compatible with surrounding existing development and the residential character of the area. They are consistent with the adjacent development pattern to the south, east, and west of the subject property. Thus, positive findings can be made with respect to PLUM consistency. Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray- SAD Ordinance Page 3 CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. As described in Appendix "A", a positive finding of concurrency can be made as it relates to water and sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5(D)(5) for the Rezoning request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objective was found: Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic and other applicable physical considerations; is complimentary to adjacent land uses; and fulfills remaining land use needs. By practice and policy, the SAD (Special Activities District) zoning designation is deemed consistent with the underlying land use as shown on the Future Land Use Map (PLUM). The PLUM designation TRN (Transitional) appropriately reflects the proposed land use medical office in the northern portion of the site as a transition to the residential component to be located on the southern portion of the property. Along Linton Boulevard, a combination of commercial, residential, and community facility uses exist. The modification of the SAD (Special Activities District) to accommodate the residential and medical office component will not negatively impact the existing land uses in the area. Transportation Element Policy A-1.3: The City endorses the continued operations of the Palm Tran Transit System and ifs operations in Delray Beach, and through policies of this Element related to the TCEA, will coordinate with Palm Tran to improve the system. Therefore, it is appropriate that a bus shelter easement be provided. A bus shelter easement along Linton Boulevard shall be provided and depicted on the site plan. In addition, a bus shelter shall be constructed according to specifications that will be provided by the City Engineer, and this shall be attached as a condition of approval in the site plan review and approval process. LDR SECTION 2.4.5(D)(5) -REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(D)(5), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the rezoning will not: (a) Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; (b) Hinder development or redevelopment of nearby properties. Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray- SAD Ordinance Page 4 The following table identifies the zoning designations and uses that are adjacent to the subject property: Ad'acent Zonin Ad'acent Land Uses: North RL (Multiple Family Residential -Low Shady Woods Density) West RM-8 (Multiple Family Residential - 8 Hammock Reserve units per acre) East CF (Community Facilities) and OSR Fire Station and Orchard View Park (Open Space Reserve) South CF Communit Facilities Orchard View Elementa School The development proposal will not hinder development or redevelopment of nearby properties. The existing adjacent land uses are fully developed and will not be negatively impacted by the proposed development. It should be noted that the current proposal is less intense than the prior approval which could include residential development at the proposed density at up to 12 units per acre and office, commercial and industrial uses (packing plant) development up to 65,000 sq. ft. The proposed development does pose traffic concerns which include conflicts with the Orchard View Elementary School traffic which utilizes the same primary access road (Park Access Road) to transgress to Linton Boulevard. The future residents will experience difficulty in entering and exiting the development between peak operating hours of the school. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. LDR Section 4.3.4(K) Development Standards Matrix -Nonresidential Zoning Districts: The following table demonstrates that the proposal complies with LDR Section 4.3.4(K) and Section 4.4.25, as it pertains to the Special Activities District (SAD) zoning district requirements: Develo merit Standard Re wired Provided Buildin Hei ht: Residential Com orient 48' 31'-7" Medical Offices 48' 46' O en S ace 25% 38.2% Perimeter Setback 15' 15' - 18' Minimum Residential Floor Area: The following table indicates that the proposal complies with LDR Section 4.3.4(K)[Minimum residential floor area]. There 10 two-bedroom residential units with a size 1,418 square feet, each and 104 three-bedroom residential units with a size 1,906 square feet. Based upon the above, this LDR requirement has been met. Standard S . Ft. Provided S . Ft. Total Units Compliance with LDR Y N Efficienc 400 1 Bedroom Units 600 2 Bedroom Units 900 1,418 10 3 Bedroom Units 1,250 1,906 104 4 Bedroom Units 1,500 Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray -SAD Ordinance Page 5 Special Landscape Setback Pursuant to 4.3.4(H)(6)(b)(4), Along Linton Boulevard, from A-1-A to the western City limits, a special landscape area shall be provided. This landscape area shall be the smaller distance of either 30' or 10% of the average depth of the property; however, in no case shall the landscape area be less than ten feet (10'). The proposed development does not provide a 30' landscape setback along Linton Boulevard and a waiver to this requirement has been requested. Subdivision Plat: Pursuant to LDR Section 4.3.3(0)(2), each townhouse, or townhouse type development shall be platted with a minimum designation of the interior street as a tract. Thus, a subdivision plat is required. The plat must be recorded prior to issuance of any building permits, and this will be attached as a condition of approval in the site plan review and approval process. LDR Article 4.6 -Supplemental District Regulations Required Parking: Pursuant to LDR Section 4.6.9(C)(2)(c), the parking requirements for one, two and greater bedroom dwelling units within amultiple-family structure are to be provided as follows: Efficienc dwellin unit 1.0 space/unit One bedroom dwellin unit 1.5 spaces/unit Two or more bedroom dwellin unit 2.0 spaces/unit Guest arkin shall be rovided cumulative) as follows: -first 20 units 0.50 s aces/unit - for units 21-50 0.30 s aces/unit - for units 51 and above 0.20 s aces/unit Two or more bedroom dwelling units shall provide two (2) spaces per unit and one-half (0.5) a space of guest parking per dwelling unit up to the first 20 units, 0.3 spaces per unit for units 21-50, and 0.2 spaces per unit for units 51-109. Thus, the one hundred and sixteen (116) unit development is required to provide two hundred and sixty three (263) total parking spaces for the residential component of the project. Pursuant to LDR Section 4.6.9(C)(4)(c), medical and dental offices, including clinics and mental health treatment facilities, shall provide five (5) spaces per 1,000 sq. ft. of gross floor area, thus, the medical office component of the project will require 148 parking spaces. A total of 411 parking spaces will be required for the proposed development. Within townhouse and townhouse type developments, parking may be provided in front of garage units provided that such parking does not result in the space for one unit impeding access to a space of the other unit. Pursuant LDR Section 4.6.9(C)(2)(d), guest parking spaces must be accessible to all visitors and guests and may be centralized or located near recreational features within a development project. The development proposal will provide a total of four hundred and sixty nine (472) parking spaces for the residential component of the project. Two hundred and eight (208) parking spaces are provided within 104 -two car garages and twelve (12) parking spaces are provided within 12 -one car garages. Two hundred and eight (208) guest parking spaces are provided within each driveway for the two car garage units, and eleven (11) guest parking spaces within the driveway for the one car garage units, and 33 additional parking spaces are provided as guest parking spaces along the interior street throughout the development. The medical office component of the project will provide 148 parking spaces. In summary, a total of 620 parking spaces are being provided (208+208+12+11+33+148=617) while 408 parking spaces are required. Therefore, this LDR requirement has been met. Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray -SAD Ordinance Page 6 Handicapped Accessible Parking: Pursuant to LDR Section 4.6.9(C) (1) (b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. Accessibility for residential structures is covered by the Federal Fair Housing Act. Pursuant to this act, two percent (2%) of the parking spaces serving the development must be handicapped accessible and accessible visitor spaces should be provided at a rate in accordance with the local code. Based upon the 148 parking spaces required for the medical office building, the development needs to provide a minimum of three (3) handicap accessible parking spaces and five (5) handicap accessible parking spaces have been provided. The Residential component is required to provide five handicap accessible parking spaces and five (5) handicap accessible parking spaces have been provided, thus this requirement has been met. Pursuant to LDR Section 4.6.5 and the Florida Accessibility Code for Building Construction, the height clearance of the handicap parking areas for the office component need to be nine and one-half feet (9.5') to allow the access of handicap vans. A note to this effect shall be placed on the site plan, and thus this will be attached as a condition of approval in the site plan review and approval process. Bicycle Parking: Pursuant to LDR Section 4.6.9(C) (1) (c) and Transportation Element Policy D-2.2 of the Comprehensive Plan, a bicycle parking facility shall be provided in close proximity to the pool/cabana recreational area and the tot lot, and thus, this will be attached as a condition of approval in the site plan review and approval process. Placing the bicycle parking facility at this location will provide a greater level of usability for residents and guests. It is anticipated that the occupants of the residential dwelling units will utilize their individual units for storage of their bicycles. Thus, upon addressing the condition of approval, this LDR requirement will be met. Lighting The photometric plan and illumination levels submitted do not comply with LDR Section 4.6.8. The required foot candle illumination levels (1.0 Avg. Min. and 4.0 Max.) required by the City shall be maintained. For the proposed roadway currently the proposed average minimum is 0.81 F.C. and the code requires a average minimum of 1.0 F.C. For the parking areas the code requires a maximum of 4.0 F.C. and 7.79 F.C. are provided. The applicant shall revise the photometric plan to comply with the foot candle illumination standards required by the City, and thus, this will be attached as a condition of approval in the site plan review and approval process. LDR Section 4.6.16(D)(2)(b) Preservation and Promotion of Existing Plant Communities: The following table demonstrates that the proposal does not comply with Supplemental District Regulations LDR Section 4.6.16(D)(2)(b) as it pertains to landscaping requirements: Development Standard Re uired Provided 25% of the O en S ace for the U land Preserve 25% 18.62%"' * The applicant is requesting a waiver to LDR Section 4.6.16(D)(2)(b) which requires 25% of the required 25% open space to be in the form of preserved natural plant communities. The LDR requirement calls fora 25% (26,898/107,593 x 100 = 25%) of the required 25% open space to be in the form of preserved natural plant communities. In square footage, the applicant is providing 20,038 square feet of natural preserves and 26,898 sq. ft. is required. The applicant is proposing to preserve 18.62% (20,038/107,593 x 100 = 18.62%). If the waiver to LDR Section 4.6.16(D)(2)(b) is approved, then this requirement will be satisfied. Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray -SAD Ordinance Page 7 Sight Visibility Triangles: Pursuant to LDR Section 4.6.14, the 20' and 40' visibility triangles need to be noted at the intersections of driveways/rights-of-way and at the intersection of two public rights-of-way. The sight visibility triangles along Park Access Road have been incorrectly depicted in the site plan and landscape plan. Site visibility triangles shall be measured from the property line exclusive of any easements or right-of-way dedications. The site visibility triangles along Park Access Road, at the interception of Linton Boulevard and Park Access Road, and at the interception of Linton Boulevard and Orchard Lane be correctly depicted from the property line and thus, this will be attached as a condition of approval in the site plan review and approval process. Workforce Housing: The development proposes 116 townhouse units which equates to an overall density of 11.92 dwelling units per acre. The applicant has indicated that out of the proposed 116 townhouse units, thirty-two (32) will be workforce housing units for low to moderate income families. However, as a condition of approval in the site plan review and approval process, the location of the thirty-two workforce housing units shall be clearly identified on the site plan. Riaht - Of - Wav: Pursuant to LDR Section 5.3.1(D) and Table T-1 of the Transportation Element of the Comprehensive Plan, the ultimate right-of-way width for Linton Boulevard is 120 and 106' currently exists. For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Services Group (DSMG), may grant reductions or require dedications in right-of-way width. The City Engineer and DSMG have reviewed this item and have determined that the current right-of-way width of 106' is sufficient for this section of Linton Boulevard. LDR Section 6.1.8 Undergrounding of Utilities: Pursuant to Section 6.1.8, utility facilities serving the development shall be located underground throughout the development. A note to this effect shall be included in the site plan. REZONING ANALYSIS Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the development criteria of the LDR were previously discussed under the "Required Findings" section of this report. Compliance with the Land Development Regulations with respect to "Standards for Rezoning Actions and Rezoning Findings" are discussed below. Section 3.2.2 (Standards for Rezoning Actions): Standards "B", "C", and "E" are not applicable with respect to this rezoning request. An evaluation of the applicable standards is discussed below: Standard "A" requires That the most restrictive residential zoning district thaf is applicable given existing development patterns and typical lot sizes shall be applied to those areas idenfified as "stable" and "stabilization" on fhe 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 parcel proposed for development is identified as "stable" on the Residential Neighborhood Categorization Map. The current zoning is SAD and the request before the Board is to modify the uses to a less intense development. While an argument can be made that SAD is not a Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray -SAD Ordinance Page 8 residential zoning district, it will allow residential uses consistent with the underlying TRN (Transitional) Future Land Use Map designation. Further, the request from SAD to SAD with modified and less intense uses are more consistent and compatible than the current vested development potential. Standard "D" requires thaf the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use bofh existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. As discussed in the "Required Findings" section of this report regarding consistency as related to LDR Section 2.4.5(D)(5), the adjacent properties include Hammock Reserve to the west, a fire station and Orchard View Park to the east, Orchard View Elementary School to the south and Shady Woods low density multiple family development to the north. The proposed uses (medical office and multifamily residential) are not incompatible with adjacent land uses. WAIVER ANALYSIS The proposed amendment to SAD rezoning Ordinance 51-95 for Midtown Delray includes the following five (5) waiver requests: 1. A waiver to provide relief from the required fifty feet (50') of stacking along Park Access Road at the Office Building parking lot entrance [LDR Section 4.6.9 (D)(3)(c)(1)]; 2. A waiver to reduce the required roadway pavement width from 24 feet to 20 feet [LDR Section 6.1.2(C)(3)(a)]; 3. A waiver to reduce to 18.62% the required 25% of the required 25% open space to be in the form of preserved natural plant communities when natural plant communities occur on land which is to be developed [LDR Section 4.6.16(D)(2)(b)]; 4. A waiver to provide a sidewalk on one side of the street instead of the required sidewalks on both side of the street [LDR Section 6.1.3(D)(1)(b)]; and, 5. A waiver to provide relief from the required thirty foot (30') landscape buffer along Linton Boulevard [LDR Section 4.3.4.(H)(6)(b)(4)]. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Analysis of Waiver #1: Pursuant to LDR Section 4.6.9(D)(3)(c)(1), provisions must be made for sfacking and transition of incoming Traffic from a public streef, such that traffic may not backup into the public streef system. The minimum disfance between aright-of--way and the first parking space or aisle way in a parking lot shall be as outlined in the following table: Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray- SAD Ordinance Page 9 NUMBER OF SPACES ACCESS STREET CLASSIFICATION MIN/MUM STACKING DISTANCE 20 or fewer Local 5 feet 21-50 Local 20 feet 50 or fewer Non-local 20 feet 59 or more All Streets 50 feet The minimum distance between aright-of-way and first parking space or aisle way in a parking lot that contains 51 or more spaces on any street is five feet (50'). The proposed development provides forty-eight feet (48') of stacking along Park Access Road at the Office Building parking lot entrance. Thus, this requirement has not been met. The applicant has provided the following justification statement regarding the waiver request: "This waiver will not adversely affect the neighboring area, significantly diminish the provision of public facilities, create an unsafe situation or result in a grant of a special privilege to our client. The granting of such a waiver would be in-line with the neighboring area and other projects that have requested a waiver to the stacking distance. Similarly, the stacking provided is clearly adequate for vehicles to enter the site without obstructing the flow of traffic, especially since there are only a couple of spaces within this stacking requirement. Due to the location of the project, the waiver fo reduce the stacking distances should be supported. Similar circumstances on other properties would lead to the same conclusion and in fact, as mentioned, similar waivers have been granted. Consequently, a positive finding with respect to LDR Section 2.4.7(8)(5) Waiver Findings, can be made. This waiver will not adversely affect the neighboring area, significantly diminish the provision of public facilities, create an unsafe situation and/or result in the grant of a special privilege to our client. The requirements of the LDR Section are not feasible and would constitute a hardship. Similar circumstances on other properties would lead to the same conclusion. Consequently, a positive finding with respect to LDR Section 2.4.7(6)(5) Waiver Findings, can be made." Therefore, sufficient on site stacking is provided so as not to affect the neighboring areas or create an unsafe situation. Granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege as similar waivers have been granted to other projects on similar basis. Consequently, positive findings can be made in the reduction of the stacking distance requirement along Park Access Road at the Office Building parking lot entrance from 50' to 48' with respect to LDR Section 2.4.7(6) (5). Analysis of Waiver #2: Pursuant to LDR 6.9.2 (C)(3)(a), the minimum roadway pavement width is twenty four (24) feet. Plans indicate that the roadway width is reduced to 20' as opposed to the required 24'. Pursuant to LDR Section 6.1.2(C)(3)(c), upon the recommendation of the City Engineer, and with the approval of the Fire Marshal, the City Commission may authorize a reduction in the minimum required width of paving if it is determined that the requirements of this subsection would not be feasible or would constitute a hardship in a particular instance and provided this reduction would not endanger Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray- SAD Ordinance Page 10 endanger public safety and welfare. The applicant has provided the following justification statement regarding the waiver request: "This waiver will not adversely affect the neighboring area, significantly diminish the provision of public facilities, create an unsafe situation and/or result in the grant of a special privilege to our client. The requirements of this LDR Section are not feasible and would constitute a hardship. This reduction would not endanger the public safety and/or welfare. The narrower streets will require vehicles to travel at lesser speeds, which wiN actually create a safer environment. Similar circumstances on other properties would lead fo the same conclusion and in fact, similar waivers have been granted on numerous projects. Consequently, a positive finding with respect to LDR Section 2.4.7(6)(5) Waiver Findings, can be made." The development proposal provides a 20 foot wide street with two feet of valley gutter on both side of the pavement. The City Engineer and Fire Marshal have previously supported reductions that have been granted to the standard aisle width for other townhouse projects such as Atlantic Palm, Atlantic Grove, Gramercy Square, Banyan Village, Highland Grove Estates, and Legacy at Sherwood Forest. In this particular request, the two foot valley gutter on either side of the road will provide sufficient area for large emergency vehicles to navigate the road. The reduction can be supported subject to the condition that the Home Owner's Association documents contain a prohibition on the parking of vehicles within the street access tracts. Consequently, a positive finding with respect to LDR Section 2.4.7(6)(5) can be made and a recommendation of approval should be presented to the City Commission for this waiver request. Analysis of Waiver #3: Pursuant to LDR Section 4.6.16 (D)(2)(b), a portion of native communities are fo remain for preservation and promotion of existing plant communities when natural plant communities occur on a parcel of land which is to be developed. At least twenty-five (25%) of the required open space must be in the form of preserved natural plant communities. The applicant is requesting a waiver to LDR Section 4.6.16(D)(2)(b) which requires 25% of the required 25% open space to be in the form of preserved natural plant communities. In square footage, the applicant is providing 20,038 square feet of natural preserves and 26,898 sq. ft. is required. The applicant is proposing to preserve 18.62% (20,038/107,593 x 100 = 18.62%). The LDR requirement calls fora 25% (26,898/107,593 x 100 = 25%) of the required 25% open space to be in the form of preserved natural plant communities. The applicant has provided the following justification statement regarding the waiver request: "The waiver will not adversely affect the neighboring area, significantly diminish the provision of public facilities, create an unsafe situation and/or result in the grant of a special privilege to our client. The requirements of the this LDR Section are not feasible and would constitute a hardship. Between the office and residential parcels is a 0.29 acre Cabbage Palm Preserve The preserve area will offer an open space amenity for the community at large. The project will relocate a total of three hundred and seventy three (373) existing frees on site. The project exceeds the quantity of required trees. For the one hundred fifty one (151) required interior trees, an additional sixty (60) trees are proposed, and for the ninety (90) Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray- SAD Ordinance Page 11 required perimeter trees, an additional one hundred sixty two (162) trees are proposed. Twenty five percent (25%) of the required project shrubs are to be native species; however, ninety five percent (95%) of the provided species are native. One hundred eleven (111) native trees are required, and this project provided a total of four hundred six (406) native trees. This project helps preserve the existing project's trees and palms while helping to reestablish the existing character of the neighborhood Pursuant to the Comprehensive Plan Open Space and Recreation Element, Objective B-2, natural areas which provide relief from the urban fabric, provide a glimpse of the natural environment of South Florida, provide a natural laboratory for exploration of the area's history, and provide for a balance between the natural and man-made environment shall be preserved. The removal of large specimen trees and a massive wooded area along the `Park Access Road" and the entry onto Old Germantown Road from Linton Boulevard will adversely affect the neighboring area since it will change the character of the neighborhood. Pursuant to LDR Section 4.6.19 (D)(1)(2), all existing native plant communities on sites proposed for development shall be preserved where possible through their incorporation in the required open space. Only a portion of the natural areas are proposed for preservation. Exceptional specimen trees greater than 24" in diameter shall be preserved in `location' .Trees shall be relocated on site if saving them in place is not an option. There are 21 native Ficus aurea trees on the site and none of them are being `saved in location'. Several of the specimen trees identified as 'in good condition' will be removed as a result of the middle entry into the property. The relocation of large trees in such limited space is not necessarily feasible since the trees have no large area to be relocated to where their roots can grow and anchor the trees. Granting this waiver request would appear to disregard this LDR requirement. Every property is unique with respect to natural areas and each application must be reviewed in context. The granting of this waiver request can potentially set a precedent for other developments in the City. Granting the requested waiver would result in the grant of special privilege in that the same waiver would not be granted under similar circumstances on other property for another applicant or owner. If the applicant is granted the reduction in the required preservation areas from 25% (26,898 sq. ft.) to 18.62% (20,038 sq. ft.) it will be 6.38% (6,860 sq. ft.) less than the requirement. Therefore, positive findings can not be made with respect to LDR Section 2.4.7(6) (5) and a recommendation of denial should be presented to the City Commission for this waiver request. Analysis of Waiver #4: Pursuant fo LDR Section LDR Section 6.1.3 (D)(1)(b), where it is clear that the sidewalk system will not serve its intended purpose, the requiremenf for sidewalks on both sides of a street may be reduced to installation of a sidewalk along only one side of the street, during the site plan or plat process, as appropriate. Pursuant to LDR Section 6.1.3 (D)(1)(b), where it is clear that the sidewalk system will not serve its intended purpose, the requirement for sidewalks on both sides of the street may be reduced to installation of a sidewalk only along one side of the street. The primary purpose of sidewalks is to provide a safe place for pedestrian to travel. Generally, sidewalks are required along both sides of all streets. However, due to the very limited width and pronounced depth of the site some design limitations are present in the proposed development. The width of the site provides a limited area to: a) place the buildings on the site; b) to accommodate the interior street; c) to provide a 5' wide sidewalk on both side of the street; d) to comply with the setbacks required; and e) not to disturb the existing woodland area. Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray -SAD Ordinance Page 12 The applicant has provided the following justification statement regarding the waiver request: "This waiver will not adversely affect the neighboring area, significantly diminish the provision of public facilities, create an unsafe situation and/or result in the grant of a special privilege to our client. The requirements of this LDR section are not feasible and would constitute a hardship. Pursuant to LDR Section 6.1.3(D)(1)(b), awaiver to have a sidewalk on only one side of the street is appropriate in certain instances, such as this. In fact, LDR Section 6.1.3(A) merely states that "generally sidewalks are required to be on both sides of the street". Since the internal sidewalk connects to the park access road via a crosswalk and small sidewalk, there will be connectivity to the park. Similar circumstances on other properties would lead to the same conclusion and in fact, similar waivers have been granted. Consequently, a positive finding with respect to LDR Section 2.4.7(8)(5) Waiver Findings, can be made." The proposed development has been designed with a looped interior street; various traffic calming devices consisting of raised crosswalks, one of them adjacent to the recreation area and at different locations along the interior street have been provided. Therefore, to provide a 5' wide sidewalk on one side of the street should not impact the safety of pedestrian travel. Similar waivers have been previously granted for other townhouse projects in the City such as Gramercy Square (148 townhouse units), and Highland Grove Estates (14 townhouse units). Granting the requested waiver will not create an unsafe situation, diminish the provision of public facilities, or adversely affect the neighboring area. Therefore, positive findings with respect to LDR Section 2.4.7(8) (5) can be made and a recommendation of approval should be forwarded to the City Commission. Analysis of Waiver #5: Pursuant to LDR Section 4.3.4.(H)(6)(b)(4), along Linton Boulevard, from A-7-A to the western City limits, a special landscape area shall be provided. The landscape area shall be the smaller distance of either 30' or 70% of the average depth of the property; however, in no case shall the landscape area be less than fen feet (70). The development proposed athirty-foot (30') landscape buffer from the Linton Boulevard right-of-way line. However, due to the Lake Worth Drainage District (LWDD) easement, the property line is set back an additional eighty foot (80') from the Linton Boulevard right-of-way line. To comply, the site would be subject to a one hundred and ten foot (110') minimum landscape setback from Linton Boulevard. The applicant has provided the following justification statement regarding the waiver request: "This waiver request is fora 14 foot waiver from the required 30 foot special landscape buffer along Linton Boulevard. We meet or exceed the requirements of LDR Section 2.4.7(8)(5) for this waiver request. We are requesting a 14ft. reduction in the required 30ft. landscape buffer in order to dedicate a 14ft. easement for the Linton Blvd. ultimate ROW of 120'. We have been approved by LWDD fo enter into a PPP (Piping, Parking, and Paving) agreement, which allows us to pipe and fill the canal and pave over it. The 14ft. easement will be primarily sod and anything else placed within the easement will be subject to a removal agreement. Thus, unless the easement is actually used to increase the ROW, the Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray -SAD Ordinance Page 13 ROW, the required landscape buffer will actually exist. However, the opportunity to increase the width of the RO W has now been provided. This waiver will not adversely affect the neighboring area, significantly diminish the provision of public facilities, create an unsafe situation and/or result in the grant of a special privilege to our client. The requirements of this LDR Section are not feasible and would constitute a hardship. Similar circumstances on other properties would lead to the same conclusion and in fact, similar waivers have been granted on numerous projects. Consequently, a positive finding with respect to LDR Section 2.4.7(8)(5) Waiver Findings, can be made. " Since the intent of this LDR standard has been met by the provision of a thirty foot (30') landscape setback area from Linton Boulevard, this waiver can be supported. Therefore, positive findings with respect to LDR Section 2.4.7(6) (5) can be made and a recommendation of approval should be forwarded to the City Commission. REVIEW BY OTHERS The development proposal is not within a geographical area requiring review by the DDA (Downtown Development Authority) or CRA (Community Redevelopment Agency). Courtesy Notices: A special courtesy notice was provided to the following homeowners and/or civic organizations: • Neighborhood Advisory Council • Verona Woods • Hammock Reserve Rabbit Hollow • Shady Woods Andover • Spanish Wells Crosswinds • Fox Chase • Abbey Delray South • Oakmont Letters of objection or support, if any, will be presented at the Site Plan Review and Appearance Board (SPRAB) meeting. Public Notices: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and/or support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The development proposal includes the construction one hundred and sixteen (116) unit townhouse development with 29,571 sq. ft. of medical offices. Five (5) waivers have been requested and are recommended for approval or denial as indicated below: 1. A waiver to provide relief from the required fifty feet (50') of stacking along Park Access Road at the Office Building parking lot entrance [LDR Section 4.6.9 (D)(3)(c)(1 }], is recommended for approval. Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray- SAD Ordinance Page 14 2. A waiver to reduce the required roadway pavement width from 24 feet to 20 feet [LDR Section 6.1.2(C)(3)(a)], is recommended for approval; 3. A waiver to reduce to 18.62% the required 25% of the required 25% open space to be in the form of preserved natural plant communities when natural plant communities occur on land which is to be developed [LDR Section 4.6.16(D)(2)(b)], is recommended for denial; 4. A waiver to provide a sidewalk on one side of the street instead of the required sidewalks on both side of the street [LDR Section 6.1.3(D)(1)(b)], is recommended for approval; and, 5. A waiver to provide relief from the required thirty foot (30') landscape buffer along Linton Boulevard [LDR Section 4.3.4.(H)(6)(b)(4)], is recommended for approval. Positive findings can be made 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), LDR Section 4.7 (Workforce Housing) and the Goals, Objectives, and Policies of the Comprehensive Plan, upon addressing the recommended conditions of approval. Therefore, rezoning the subject property to modify the existing SAD Ordinance 51-95 zoning is recommended for approval, based on the findings outlined herein. RECOMMENDED ACTIONS A. Move a recommendation of approval to the City Commission for the SAD rezoning amending Blood's Grove Ordinance 51-95 for the subject property, and denial or approval of specific waivers as noted above, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and does meet the criteria set forth in LDR Sections 2.4.5(D)(5), 3.1.1, and 4.7 (Workforce Housing) of the Land Development Regulations. B. Move a recommendation of denial to the City Commission for the SAD rezoning amending Blood's Grove Ordinance 51-95 for the subject property, and denial or approval of specific waivers as noted above, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Sections 2.4.5(D)(5), 3.1.1, and 4.7 (Workforce Housing) of the Land Development Regulations. C. Move to postpone and continue the waiver requests and SAD rezoning amending Blood's Grove Ordinance 51-95 for the subject property for the subject property with direction. STAFF RECOMMENDATION By Separate Motions: Rezoning Staff recommends that the Planning and Zoning Board moves to recommend approval to the City Commission for the SAD rezoning amending Blood's Grove Ordinance 51-95 for the subject property for, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and does meet the criteria set forth in LDR Sections 2.4.5(D)(5), 3.1.1 and 4.7 (Workforce Housing) of the Land Development Regulations. Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray -SAD Ordinance Page 15 Waiver #1: Move a recommendation of approval to the City Commission of the request for waiver to LDR Section 4.6.9 (D)(3)(c)(1) to allow forty-eight feet (48') of stacking instead of the required fifty feet (50') of stacking along Park Access Road at the Office Building parking lot entrance, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(6)(5) of the Land Development Regulations. Waiver #2: Move a recommendation of approval to the City Commission of the request for waiver to LDR Section 6.1.2(C)(3)(a) to reduce the minimum pavement width of the interior roadway from 24 feet to 20 feet, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(8)(5) of the Land Development Regulations. Waiver #3: Move a recommendation of denial to the City Commission of the request for waiver to LDR Section 4.6.16 (D) (2) (b) to reduce to 18.62% the required 25% of the required 25% open space to be in the form of preserved natural plant communities when natural plant communities occur on land which is to be developed, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.7(8)(5) of the Land Development Regulations. Waiver #4: Move a recommendation of approval to the City Commission of the request for waiver to LDR Section 6.1.3 (D)(1)(b) to provide a sidewalk on one side of the street instead of the required sidewalks on both side of the street, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(8)(5) of the Land Development Regulations. Waiver #5: Move a recommendation of approval to the City Commission of the request for waiver to LDR Section 4.3.4.(H)(6)(b)(4) to provide relief from the required thirty foot (30') landscape buffer along Linton Boulevard, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(6)(5) of the Land Development Regulations. Attachments: ^ Location Map ^ Zoning District Map, ^ Project Plans ^ Letters of Objection ^ Proposed Ordinance #46-07 Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray -SAD Ordinance Page 16 APPENDIX "A" CONCURRENCY FINDINGS Pursuant to LDR Section 3.1.1(B), Concurrency, as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: The site is already served by water and sewer service. Municipal water service is available via connection of an 8" water main which traverses the site from south to north and is connected to a 12 inch water main located along Park Access Road (Old Germantown Road). Fire protection is to be provided by various fire hydrants strategically located at 400 feet spacing throughout the development. 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. Thus, a positive finding with respect to this level of service standard can be made. Sewer service is available to the site via an existing 8" sewer main which traverses the site from south to north and is connected to an existing 8" sewer main located along Orchard Lane. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. Streets and Traffic: The subject property is located at northeast corner of Linton Boulevard and Old Germantown Road, approximately 1,950' east of Military Trail (4600 Linton Boulevard). According to the traffic study, the proposed development would generate 127 A.M. and 163 P. M. peak hour trips, with 1,813 Average Daily Trip (ADT). A copy of the submitted traffic study has been transmitted to the Palm Beach County Traffic Division for review. A letter from the Palm Beach County Traffic Division stating that the proposal complies with the Palm Beach County Traffic Performance Standards Ordinance must be received prior to site plan certification. It is anticipated that the proposal will meet traffic Concurrency standards, however, turn lane improvements or traffic light modifications may be required at Linton Boulevard. Based upon the above condition of approval being addressed, a positive finding with respect to traffic Concurrency can be made. Parks and Open Space: The proposed 116 residential dwelling units will not have a significant impact with respect to level of service standards for parks and recreation facilities. However, pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. A total fee of $58,000 will be required of this development for parks and recreation purposes prior to issuance of a building permit and it is attached as a condition of approval. Solid Waste: The proposed 116 residential units will generate 60.32 tons of solid waste per year (116 units x 0.52 tons = 60.32 tons). The medical office component of the proposed development will generate 68.01 tons of solid waste per year (29,571 sq. ft. x 4.6 tons = 136,026.6 / 2000 = 68.01 tons). The solid Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray -SAD Ordinance Page 17 waste that would be generated can be accommodated by existing facilities and thus, will not have a significant impact on this level of service standard. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2024. Drainage: Drainage will be accommodated on site via an on-site retention lake. There should be no impact on drainage as it relates to this level of service standard. There appears to be no problems anticipated in accommodating on-site drainage; however, the Engineering Department does have technical comments regarding drainage that will need to be addressed before issuance of a building permit. Based upon the above, positive findings with respect to this level of service standard can be made. Schools: The Palm Beach County School District has approved the development proposal with respect to compliance with the adopted Level of Service for School Concurrency. N MIDTOWN DELRAY ~- 4600 LINTON BOULEVARD CITY aF DELRAY BEACH, FL SUBJECT PROPERTY LOCATION MAP PLANNING E~ ZDNINC DEPARTMENT -- D/C/TAL &ISf MAP SYS7fM -- ~ MAP REF: UJ1008 SHERwOOD BDUI£VARD ~ < W O U w cEN Ew eoui EVAR o OSR F R-1-AA OSR R-1-AA PALM FORE57 DRS NORTH AREUA pRIVE NOR7H P C ~ ~ ~ OS vE sT DRI SOUTH AREUA ; ~ ~ ~ ~ Y ; ~ < L I N T O N 8 0 U L E V A R 0 ~ CANAL L-36 ~ ~ '~' afgy~O ~~, ~,y T EM E DR IV E aO e= ~' ~~£ y ~ P ~ PL ~ ~ cf $o ~Y s ~,MgNT ~ sLOSSOM DR . O S R ° ~' R C F ~ Q R° A° - ' ~ .:E¢~ Y POC O LAKElANO DRI C ~ v 0 ~ Q' ~ o ° R 3 V,~~ 4,~ ~ D~ HAMMOCK o -1 0 4 s.w. z OS ~ ~ ~ ~~<3 D RI VE a~' NAMMad( s.w. 2 4TH w. ~ ~ ~ ~ CANAL L-37 GAR DEN ~ ° v ~ OSR N MIDTOWN VILLAGE ~- ~- 4600 LINTON BOULEVARD qTY of DELRAY BEACH, FL sua,IECTPaoPERrY EXISTING ZONING MAP PUNNING dt ZONING DEPARTMENT - D/C/TAL 84S£ AfAP SYSTEM -- MAP REF: Ud1008B Co,~,ypiL~es Abbey Village Addison Reserve C,C. Add'a3on Trace Aspen Ridge Boca Delray C.C.: Bonaire Village Bridgeview.' Camelot Village Chateau""Wend Coto Wood:lakes Country Lake Crosswinds `of t)elray Dea"uville Villa~e- Delaire C.; C. C>elray Lakes -,Estates Delray Villas I :Delray W: Town Houses Delray Harbor Club [~eli'a Villas IlI selni~iN11~~ ZV/V rrie.~ald~t~oir-te Faiiwi+ys: o1'`Delray Floral Lakes Gleneagles C. C. `Gleneagles Condo I :Heritage Park !High Point Sec. I HighPoint-West I High Pt.'East II Hlgh Point,West II High Poinf West III F~urttngton takes Hurttiingtotl Pointe Huntington Towers international Club Kings Point.:,.. Lakes ol'De#rey Las; Verdes: r~ingtor-' Crlut Milne[ C,. C Mon'terey'Lakes Morningstar NevvpPit,Cove <Palrti Beach Bath & -Tennis Palm`Gte'ens`i Patin Greens 1 Pities of Delray E. Pine# pi` Llklrey.: W. Pings of Delray N: lying Ridge Pob?'Trace C. C. Rainberry tiny Salilp Laltes': sratumla Isles Shaiiyvlrood 5w~tiw~nds Tierra`;Del Rey. Tropic gay Valenaa C=alls Yafencia'Peims Villa 6orghese v'R~ya Waterways' Whisper Walk L~UA.q~fLCe ~ ,UQ,IA',gA~. ~11,¢Q~,IIP~f1,~1,q,6 ~ ~ N'l~. 13900 70G ROAD, SUITE 203 - 212 DELRAY BEACH, FL 33446 PHONE (561) 495-9670 FAX (561) 495-0888 visit Oar website: www.allianceoftlelray.com September 13, 2007 Ms. Candi Jefferson City of Delray Beach Planning & Zoning Dept. 100 N.W. 1st Ave. Delray Beach, Fl. 33444 Dear Ms. Jefferson, The Alliance of Delray is concerned that the Midtown Project is being brought to the Planning Zoning Board without the courtesy of presenting the plans to the surrounding communities, such as Shadywood I & II for discussion. There is great anxiety among these communities regarding the entrance and exit traffic flow for this project. Present traffic on Linton Blvd. is already a burden to residents entering-and exiting Shadywood I & II, upon whom the Midtown Project will have the greatest impact. We trust you will take these facts into consideration when you review the project and have the company building the Midtown Project meet with community leaders. Thank you. Sincerely, Robert Sc um President p ~~~od~ SEP 1.4 2007 PLANNING & ZONING add ~f Directors Robert Schulbaum, President Larry Zalkin, Executive rc~e President Mort Mazor, First ~c~e President .Lori Vinikoor, Wce President. Barbara Zee, trce President. Richard Herman, Vice President .Evelyn Spielholz, Secretary . Stan Kalish, Treasurer PJl~#9!~ Nancy Brin . Edwin Goldwasser .Rhoda Greifer .Harold Kleiner .Phyllis Levine . 7adc Miles . 7oshua Gerson, Legal Course/ Assistant to President: Norma Arnold Shadywoods HOMEOWNERS' ASSOCIATION, INC. 4500 SHADY WOOD DRNE DELRAY BEACH, FL 33445-5747 OFFICE: (561) 495-0792 September 12, 2007 City of Delray Beach Planning and Zoning Department 100 N.W. 1 ~` Avenue Dehay Beach, FL 33444 Attn: Director Subject: Proposed Property Rezoning and Development of Midtown Delray Dear Sir: Regarding the subject matter, the Shadywoods Homeowners Association wishes to express its opposition to the rezoning in general, and to the size of the development in particular. Shadywoods is a community of 200 homes, established in 1980 and 1981, situated on approximately 43 acres on the north side of Linton Blvd, directly opposite the. property of the subject rezoning project. Our community has two entrances east and west of Old Germantown Rd, each within 500 ft. Directly across from Shadywoods, on the south side of Linton, is another huge community, Hammock Reserve with 273 homes, which entrance also opens onto Linton. On our western border is situated the Delray Medical Center, and beyond them the Albertson Shopping Center. Directly across from the Delray Medical Center, adjacent to Hammock Reserve, are the numerous medical offices at 4800 Linton Blvd, not to mention the Boca Center Shopping Center just beyond. On our eastern border is another community, Lakeside Townhomes. And, only a short time ago Linton Blvd was widened to three lanes to accommodate the obvious increase in traffic. RECEIVED SEP ~ ~ 2007 PLANNING & ZONIiVG All of the areas mentioned, including the Midtown Delray project location, fall approximately within 1/z mile of Military Trail. In view of the above, it's not only apparent, but a fact that Shadywoods has an enormous problem exiting and entering our two entrances due to the already considerable traffic volume, which clearly will seriously worsen with the existence of Midtown Delray. 'There has been over time any number of traffic accidents at these entrances, including several crashes into our wall, resulting from, among other causes, crossing and/or u-turning vehicles, all of which you can certainly verify. With the addition of this new Delray construction the same dangerous crossing and u-turn traffic problems will exacerbate. In view of this and the current situation, Shadywoods is therefore stressing its opposition to the Midtown Delray project. The City of Delray Beach cannot, and must not, allow this development to go forward without first fully assessing, addressing and satisfactorily correcting the traffic problems that do now and will then befall Shadywoods residents. There is a need for substantive discussion with our community, the City and the developer for clarification on alleviating our concerns and problems before proceeding. Given our seniority within this area, Shadywoods should be more than entitled to first considerations prior to burdening our community, and those others around us, with even more difficulties. We look forward to your favorable decision regarding our concerns, towards which your reflection and attention is appreciated. ~Y~ ~ , Dominic J. Scaduto President, Shadywoods HOA, Inc. Cc: Shadywoods Board of Directors Alliance of Delray Residential Associations, Inc. Page 1 of 2 Valek, Denise From: JOSEPH PROVENZANO [jprovenzano@msn.comj Sent: Wednesday, September 12, 2007 10:37 PM To: PZmail@MyDelrayBeach.com Subject: Midtown Delray Project Attention: Paul Dorling Director Planning and Zoning I would like to voice my concerns regarding the Midtown Delray Project. 1) Parking: I have been in private medical practice for over 19 years and I feel that the 148 parking spaces allotted for the proposed medical office complex is not enough. As proposed, there will be 5 parking spots/ 1000 square feet of office floor space which in reality will not be enough. Usually there are three employees per physician which would add up to 4 spaces before the door open to see a single patient! Normally there will be 2 to 3 patients waiting to be seen by the physician (if not more) at any given time during the day and then-there are the various vendors, Drug Reps and service personnel coming in and out at all times during the day. As you can see, the parking will not be sufficient. Even if the physician had 2000 square feet there would not be enough parking, because of the economics of running an office he would have to have a second physician in the office with his 3 employees and 5 to 6 exam rooms full at all times and as we all. know some times the physician has an emergency at the hospital and the office gets backed up with even more patients. I do not think it would kind to our senior patients to have to "hover" for parking spaces to see their doctors. I feel more parking is needed for the medical complex or it needs to be scaled down. 2) Density: I understand that on a total of 8.4 acres it is proposed to place the 30,000 square foot medical complex as well as 116 town homes. If one were to allow 1.5 acres for the medical complex and parking, this would results in 116 town homes to be built on 7 acres which would amount to 16.5 town homes per acre which far above the density of the immediately surrounding single family residences! 3) Loss of green space: The proposed project will result in the loss of green space which makes the Old Germantown Road area special. The beauty of Old Germantown Road is its rural road appeal which be lost. The proposed project should conform to the surrounding communities in regards to open green space arid density. 4) Traffic: As it stands now, the traffic from Linton Blvd is not allowed to flow east-bound on to Old Germantown Road in the mornings due to safety concerns regarding the students crossing Old Germantown Road on their way to Orchard View Elementary School. In the evenings, traffic backs up on westbound Old Germantown Road to the point one can't turn into the Oakmont community which is over 500 feet from the proposed project! To allow this project would generate at least 1200 cars for the medical complex alone (15 2000 sq ft offices with 2 doctors with 30 patient visits each, 6 employees and 3 to 4 Drug Reps and service personnel) not to mention at least 250 cars for the town homes. This would mean almost an extra 1500 cars going down Old Germantown Road daily which is more than Foxe Chase, Oakmont, Rabbit Hollowe, Verona Woods and Andover combined generate! approve this project. Please take into consideration my concerns and do not Joseph M. Provenzano, M.D. 1921 S.W. 36th Ave Lovely Delray Beach, FI 9/14/2007 "K~r:t~ a Kohn A Professbnal Associatbn of Attorneys April 6, 2007 FLORIDA OFFICES FORT LAUDERDALE MIAMI BOYNTON BEACH vwvw.katzkorr.com Via Telefax & Regular U.S. Mail (561) 243-7221 Mr. Michael Vinci, Assistant Planner City of Delray Beach 100 N.W. 15` Avenue Delray Beach, Florida 33444 Re: Hammock Reserve Homeowners Association, Inc. Midtown Village Delray Our File No. 27786 Dear Mr. Vinci: LEIGH C. KATZMAN FERREN L. KORR RACHEL E. FRYDMAN DAVID A. KUPPERMAN MARK M. HEINISH KENNETH E. ZEILBERGER TENNILLE M. SHIPWASH HEATHER J. EDELMAN MAY HUSTEY MARY ANN CHANDLER STEPHEN A. FINAMORE I wanted to take this opportunity to thank: you. for your quick response concerning my client, Hammock Reserve Homeowners Association, Inc.'s inquiries about the Midtown Delray project. As I indicated, my office is general counsel to Hammocks Reserver The Board thereof has expressed certain concerns with respect to what they believe to be the planned development adjacent to their community (i.e. the Midtown Village project). As we discussed, it appears that the project is being developed by Ascot Development and you and I briefly reviewed information on Ascot's website concerning the project. Based upon what I understand to be your filrther research in the matter, the City of Delray has no documentation on file concerning the development of the subject property, including site plans, requests for variance, request for zoning change, or-any other application. I have advised my c1:~Ilt of the foregoing, and they will continue to monitor the situation. Should my understanding of your findings be incorrect, please contact me immediately. Be that as it may, my client does have certain concerns with respect to the apparent land development and the site plan which I downloaded from Ascot Developments's website. Copies of the foregoing documents are enclosed herewith. These concerns include the following: The set backs to the units adjacent to Orchard Lane appear to be inadequate. My client believes that at least as proposed, the scale of the proposed development exceeds the_character of Hammocks Reserve and as such, the set backs should be significantly increased; .. ~_,: _ ,a. ;_: ~ _ ; t ~ _ ~ ^ ~t i s~.~::__.~_ ~..r.. 1501 Northwest 49th Street • Suite 202 • Fort Lauderdale, Florida 33309 • Tel 954.486.7774 • Fax 954.486.7782 Mr. Michael Vinci, Assistant Planner City of Delray Beach April 6, 2007 Page 2 2. There appears to be no physical buffer between the development and this presents a security problem to Hammocks Reserve. Thus, in the event the project moves forward, the Association would desire construction of a continuous eight (8') foot concrete wall, which is similar in design to the wall around the adjacent areas of Hammocks Reserve. Similarly, the Board desires some type of planting buffers be installed between the developments; and 3. The height of the buildings appear to be out of scale to the general character of Hammocks Reserve. The -Board would request that the buildings be limited to a single story. While I understand it is premature to engage in any significant discussion of the foregoing, the Board did desire that the City be aware of its concerns. I again wish to thank you for your quick response and research into this project. Very truly yours, KEZ:chs Enclosure cc: Property Manager (w/ encl.) Account Representative (wl encl.) ~, P:\WP`cmdo.Ma~CUENTSW:nnmock Rewvc Fbmcmma: Assaua~ia~. Inc`OTt~RN4idbwn Yilla6e Ddny.2~786N.elta - Viati 010607.wpd KATZMAN & KORR, P.A. Page 1 of 1 Valek, Denise From: David Lewin [dllewin@comcast.net] Sent: Friday, September 07, 2007 1:17 PM To: PZmail@MyDelrayBeach.com Subject: File #2007-165 & 2007-166 Candi Jefferson Good Afternoon, [ am an owner of property located in the Shadywoods community. My neighbor gave me a copy of the notice that she received regarding `Midtown Delray' and the proposed re-zoning. [ am appalled that the City of Delray would even consider such high density development in this location on this site. Please give me all information regarding this proposed action. thanking you in advance, _ _ Respectfully, f David Lewin 4150 Palm Forest Drive-North Delray Beach, FL 33445 del: 561-381-4534 ~:: >~ , x/11/2007 Distribution List: Rita Ellis, Mayor, City of Delray Beach ritaellis@mydelraybeach.com Gary Eliopoulos, Commissioner, City of Delray Beach, gpe@mydeh-aybeach.com Fred Fetzer, Vice Mayor, City of Delray Beach, fetzer@mydelraybeach.com Woodie McDuffie, Commissioner, City of Delray Beach, wmcduffie@mydelraybeach.com Brenda Montague, Deputy Vice Mayor, City of Delray Beach, montegue@mydelraybeach.com Susan A. Ruby, Esq. ,City Attorney, City of Delray Beach Community Land Trust Joseph Gray, Executive Director Kymenski Kemp, Development Manager Community Improvements Lula Butler. Director, Community Improvement AI Berg, Asst Dir, Community Improvement Nancy Davila. City Horticulturist City of Delray Beach City Planning CityAttorney@MyDelrayBeach.com grayj @ci.delray-beach. fl.us kemp@ci.delray-beach.fl.us CIDirector@MyDelrayBeach. com CIDirector@MyDelrayBeach. com PermitsLicenses@MyDelrayBeach.cnm Paul Dorling, Director, Director, City of Delray Beach Dorling@MyDelrayBeach.com Ron Hoggard, Principal Planner City of Delray Beach Hoggard@MyDelrayBeach.com Estelio Breto, Senior Planner City of Delray Beach Breto@MyDelrayBeach.com Michael Vinci, Assistant Planner City of Delray Beach Vinci@MyDelrayBeach.com Rebecca Truxell, Staff Assistant II, City of Delray Beach Truxell@MyDelrayBeach.com Planning and Zoning Board Site Plan Review and Appearance Board Germantown Road Homeowners Associations: mviale@primemg.com kim@haagcompanies.com wdiatdbc@aol.com rsmaupin3@aol.com bert1283@bellsouth.net mguzi@proskauer.com donmklein@adelphia.net dklein@ad.fau.edu alexsani@gmail.com pennyhammel@comcast.net Sunday, September 9, 2007 HONORABLE MAYOR RITA ELLIS Page 2 (continued) Ascot is proposing to reduce roadway widths, eliminate required sidewalks, reduce the amount of required upland reserves, significantly increase the density of residential units per acre, destroy and eliminate fencing and environmental buffer between it and adjacent communities, unnecessarily remove all existing vegetation and trees which provide security and safety to adjacent properties, including Orchard View Community Elementary School, and Orchard View Park, increase the building heights to a level beyond anything in the area, ignore `typical, reasonable, and appropriate' building set-backs from property lines, add significantly to traffic in the area, encroach on Linton Road right of ways in order to acquire more constructible land for commercial parking, and construct over the existing canal, just to name some of the issues we have. Literally thousands of the city's residents will be affected by the City's decisions regarding Ascot's development in the following weeks. Homeowners aware of this matter from properties adjacent to, and nearby this proposed development, such as Hammock Reserve, of which I reside, and other communities, such as Andover, Fox Chase, Highland Grove Estates, Oakmont, Rabbit Hollow, Spanish Wells, Valencia Court, Verona Woods, and Whispering Oaks, find the proposal unreasonable and unacceptable on many levels and request that the City of Delray Beach instruct Ascot Development to modify its submittal and plans accordingly in keeping with the general character of the adjacent community. I have respectfully requested a meeting with Your Honor and with Commissioner Gary Eliopoulos; as of this date have received no response. I would be happy to meet with you directly at our mutual convenience, to discuss the matter further. We urgently request your support on this matter. Sincerely, Bob Lamoureaux Resident of Delray Beach, Florida Vice President, Hammock Reserve Homeowner's Association (561) 496-7161 bolamo(c~gmail.com (Distribution list on following page) Sunday, September 9, 2007 HONORABLE MAYOR RITA ELLIS 100 Northwest 1 S` Avenue Delray Beach, Florida 33444 Re: PROPOSED DEVELOPMENT ON BLOOD'S GROVE SITE BY ASCOT DEVELOPMENT TITLED MIDTOWN DELRAY Delray Beach Planning File #2007-165 and 2007-166 Dear Honorable Mayor Ellis: Sent Yia hand delivery and entail: ritaellis@mydelraybeach.com As you may know, Ascot Development has submitted a proposal to develop a project within the boundary of the City of Delray Beach, which provides residential and commercial facilities on the site previously owned by Blood's Grove, at the west end of Old Germantown Road. The initial proposal had been submitted on or about Apri17, 2007 (date of site plan), and subsequently resubmitted to City Planning and Zoning on August 3, 2007 (stamped date on plans). Select members of our community had been notified from the Delray Beach Planning and Zoning, mailed out on September 4, 2007. Ascot proposes to develop 116 residential townhouse units, on the south side of the property, and a commercial structure of approximately 30,000 square feet. Tliis project is partly sponsored by the Community Land Trust, and provides a proportion of the project for workforce housing. Although the CLT has admirable intentions, and we certainly welcome the opportunities made available for our community workforce through its efforts, we, as permanent residents of the immediate area, have a considerable stake in our property and value it as a functional and esthetic community in addition to our property's financial worth. After thoroughly reviewing this submittal and making every effort to understand the impact of this development with Delray Beach staff responsible for this proposal, it is obvious that an effort is being made by Ascot to `over-develop' and `over-construct' the Blood's Grove site in order to maximize it's profits, resulting in a severe and unnecessary penalty to the residents of the area. And if Ascot Development is allowed to do this, it will be against the will of the community of residents in the immediate area, and from what was learned over the previous several months, against the will of the Delray Beach Community Improvements Department, and the Delray Beach Planning Department. Ascot Development, in order to develop to the extreme in its proposal, has requested multiple variances and now even waivers on the property zoning itself. In each and every case of these variances and waivers, it has been to the benefit of its own financial gain and at the same time undermines the quality, appearance, safety, security, and character of the surrounding community. Ascot Development's proposal is taking advantage of what appears to be a loophole in the City of Delray Beach's LDR, however, the majority of their proposal develops the Blood's Grove site for residential use, and at the very least, should comply with our City's RM zoning rules consistent with adjacent surrounding residential communities, and should also provide not only for the sake of the surrounding community, but also for the future of the new tenants of the development itself. Page 1 of 1 Breto, Estelio From: Breto, Estelio Sent: Monday, September 10, 2007 8:33 AM To: Breto, Estelio Subject: FW: Ascot Development Attachments: HOA - 20070909 -LETTER -City -Ascot - 02 .pdf From: bob lamour [mailto:bolamo@gmail.com] Sent: Sunday, September 09, 2007 7:13 PM To: Ellis, Rita Cc: Eliopoulos, Gary; Fetzer, Fred; McDuffie, Woodier montegue@mydelraybeach.com; CityAttorney@MyDelrayBeach.com; Gray, Joe; Kemp, Kymenski; CIDirector@MyDelrayBeach.com; PermitsLicenses@MyDelrayBeach.com; Dorling, Paul; Hoggard, Ron; Breto, Estelio; Vinci, Michael; Truxell@MyDelrayBeach.com; mviale@primemg.com; donmklein@adelphia.net; dklein@ad.fau.edu; alexsani@gmail.com; pennyhammel@comcast.net; kim@haagcompanies.com; wdiatdbc@aol.com; rsmaupin3@aol.com; bert1283@bellsouth.net; mguzi@proskauer.com Subject: Ascot Development Your Honorable Mayor Rita Ellis, Please find attached a letter describing the serious matter of the Ascot Development on old Blood's Grove site at the west end of Old Germantown Road. A hearing is scheduled before the City Planning and Zoning Board on September 17, 2007 at 6:00 pm, and as you can see by the distribution list, these issues are in the awareness of many City Staff and Residents of Delray Beach. Regardless of the outcome of the P&Z meeting, we are also aware of a Commission Meeting on October 2, 2007. We felt it in the best interests of the City to make contact with you and with our Commission with as few individuals as possible, but we will attend Board Meetings and Public Commission Meetings when they occur if we are aware. At your earliest convenience, I would like to meet with you to discuss our concerns in greater detail. Bob Lamoureaux Resident of Dekay Beach, Florida Vice President, Hammock Reserve Homeowner's Association (561) 496-7161 bolamoCc~Qmail.com *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** Page 1 of 1 Valek, Denise From: JMM [jmconnect@yahoo.com] Sent: Wednesday, September 12, 2007 4:42 PM To: PZmail@MyDelrayBeach.com Subject: Proposed Rezoning -Modification to the Blood's Grove SAD zone district Regarding proposed project Midtown Delray Hi Candi, I am a resident of the Hammock Reserve Development. I would like further information with regard to how this:, proposed action may affect my property. You email was provided on the zoning notification to obtain this information. I appreciate your efforts to provide suce information. Thank you. Building a website is a piece of cake. Yahoo! Small Business gives you all the tools to get online. 9/14/2007 ORDINANCE NO. 46-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, AMENDING SECTION 4.4.25(G), "S.A.D.s," TO ADD SUBSECTION (9) MIDTOWN DELRAY TO THE LIST OF APPROVED S.A.D.s; AMENDING ORDINANCE NO. 51-95 BY REPEALING SECTIONS RELATED TO THE BLOOD'S COMMERCIAL PROJECT MASTER PLAN AND PROVIDING FOR REVISED REGULATIONS GOVERNING THIS SPECIAL ACTIVITIES DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTNE DATE. WHEREAS, Midtown Delray, LLC is the fee simple owner of the parcel of land as more particularly described herein; and WHEREAS, the subject property hereinafter described is within the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the subject property hereinafter described presently has a Future Land Use Map (PLUM) designation of TRN (Transitional); and WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board for the City of Dekay Beach, as local planning agency held a public hearing and considered the subject matter at its meeting of September 17, 2007 and voted 6 to 1, to recommend that the requests be approved, based upon positive findings; 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 changes are consistent with the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. l~vrscc~ rnx'n-~Y:u~. ~ l~em l0. A Section 2. That the Blood's Grove Orchard Ordinance 51-95 which establishes the Blood's Grove S.A.D. is modified by Ordinance No 46-07. Section 3. That Sections 4, 5, 6 and 7 of Ordinance 51-95 are hereby repealed. Section 4. That the property affected by this ordinance is described as: A parcel of land in Section 25, Township 46 South, Range 42 East, Palm Beach County, Florida, described as follows; Commence at the Northwest corner of the Plat of Foxe Chase, as recorded in Plat Book 38, Pages 1 and 2, of the Public Records of Palm Beach County, Florida, thence South 01°30'15" East, along the West line of said Plat of Foxe Chase, a distance of 707.79 feet; thence South 88°29'45" West, a distance of 600.00 feet; to a point on a line 600.00 feet West of and parallel to the West line of said Plat of Foxe Chase said point also being the point of beginning; thence South 01°30'15" East, along said parallel line, a distance of 74.40 feet; thence South 88°29'45" West a distance of 22.30 feet to a point on a curve concave to the Southeast, with a central angle of 36°51'34" and a radius of 150.00 feet; thence Southwest, along the axc of said curve, a distance of 96.50 feet; thence South 51°38'11" West a distance of 32.98 feet; thence North 38°21'49" West a distance of 165.99 feet to a point of curve concave to the Northeast with a central angle of 37°03'10" and a radius of 370.00 feet; thence Northwest and North along the arc of said curve, a distance of 239.28 feet; thence North 01°18'39" West a distance of 248.80 feet to a point on a curve concave to the East with a central angle of 12°52'11" and a radius of 220.00 feet; thence North along the arc of said curve, a distance of 49.42 feet; thence North 11°33'32" East a distance of 206.78 feet; to a point of curve concave to the West with a central angle of 12°52'11" and a radius of 300.00 feet; thence along the arc of said curve, a distance of 67.39 feet; thence North 01°18'39" West a distance of 152.80 feet to a point on the South right-of--way line of Linton Boulevard; thence North 88°41'21" East along the said South right-of--way line of Linton Boulevard, a distance of 457.02 feet to a point on the North right- of-way line of Germantown Road; thence South 69°58'19" East, along the said North right-of--way line of Germantown Road, a distance of 46.93 feet; thence South 01°30'15" East a distance of 407.76 feet; thence south 43°29'45" West a distance of 196.15 feet; to a point of curve concave to the Southeast with a central angle 45°00'00" and a radius of 380.00 feet; thence Southwest and South, along the arc of said curve, a distance of 298.45 feet to a point on a line 600.00 feet West of and parallel to the West line of said plat of Foxe Chase; thence South 01°30'15" East along said parallel line, a distance of 116.72 feet to the point of beginning. Containing 429,555 square feet (9.861 acres) of land, more or less. Section 5. That pursuant to Section 4.4.25 "Special Activities District (SAD)" "Allowed Uses and Structures," approval for the subject property described in Section 4, above, is hereby granted for a mixed use development including a 29,571 sq. ft. medical office building, 84 market rate residential townhomes and 32 workforce residential townhomes. ORD. N0.46-07 Section 6. That the development of the property described in Section 4, above, shall -be in accordance with the site and development plans known as Midtown Delray as approved by the Site Plan Review and Appearance Board. Section 7. That structures (dwelling unit groups) shall not be located closer than twenty- five feet (25') from each other. Section 8. That any future modifications to the approved Midtown Dekay site plan which are not substantial and which do not deal with intensity or type of uses shall be reviewed by the Site Plan Review and Appearance Board and processed as site plan modifications. Section 9. Waivers for this SAD shall include waivers to the following sections if approved by the City Commission by separate order, which as approved or denied, shall be deemed to be an exhibit hereto and incorporated as if fully set forth herein. 1. LDR Section 6.1.2 (C)(3)(a) 2. LDR Section 6.1.3 (D}(1)(b) Section 10. That Section 4.4.25(G), "BADS," of the Land Development Regulations of the City of Dekay Beach, Florida, be, and the same is hereby amended to add Subsection (9), Midtown Dekay, Ordinance No. 46-07. Section 11. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 12 . That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. ORD. NO.46-07 Section 13. That this ordinance shall become effective immediately upon its passage on the second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2007. ATTEST MAYOR City Clerk First Reading Second Reading 4 ORD. NO.46-07 EXHIBIT "A" IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR MIDTOWN DELRAY ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. These waiver requests have come before the City Commission on November 6, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests fox Midtown Delray. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR 6.1.2 (C) (3) (a), the minimum roadway pavement width is twenty four (24) feet. The Applicant has requested the roadway width be reduced to 20' as opposed to the required 24'. Pursuant to LDR Section 6.1.3 (D)(1)(b), where it is clear that the sidewalk system will not serve its intended purpose, the requirement for sidewalks on both sides of the street may be reduced to installation of a sidewalk only along one side of the street. The Applicant has requested a waiver to allow a sidewalk on only one side of the street. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. 5 ORD. NO.46-07 Would the waiver of Section 6.1.2 (C)(3)(a) comply with the requirements of Section 2.4.7(B)(5), with the condition, as set forth in Section 6.1.2(C)(3)(c), that the City Engineer and Fire Marshal recommend approval of the reduction in that the 24' width is not feasible or would constitute a hardship and that the reduction would not endanger the public safety and welfare? Yes No Would the waiver of Section 6.1.3 (D)(1)(b) comply with the requirements of Section 2.4.7(B)(5)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves or denies the waiver requests as follows: LDR Section Approve Deny 6.1.2 (C) (3) (a) 6.1.3 (D)(1)(b) 6 ORD. N0.46-07 Based on the entire record before it, the City Commission hereby adopts this Order this 6~ day of November, 2007, by a vote of in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Clerk 7 ORD. N0.46-07 WEINER & ARONSON, P.A. ATTORNEYS AT LAW MICHAEL S. WEINER CAROLE J. ARONSON November 6, 2007 Mr. Paul Dorling Director of Planning and Zoning City of Delray Beach 100 N.W. 1 st Avenue Delray Beach, Florida 33444 Re: Midtown Delray Our File No.: BENG005 Dear Paul and Chevelle: The Clark House 102 North Swinton Avenue Delray Beach, FL 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: jmankoff@zonelaw.com JASON S. MANKOFF KERRY D. SAFIER RECEI~JED N O V 0 6 2001 CITY CLEF~K Via Hand Delivery Ms. Chevelle Nubin, City Clerk City of Delray Beach 100 N.W. 15t Avenue Delray Beach, Florida 33444 Enclosed please find the curricula vitae of the following professionals who will be speaking tonight on behalf of the project known as "Midtown Delray." 1. Michael S. Weiner, Esquire of Weiner & Aronson, P.A.; 2. Robert F. Rennebaum, P.E. of Simmons & White, Inc.; 3. Carmelo Caratozzolo, E.I. of Simmons & White, Inc.; 4. Peter J. Pellerito, P.E. of Draper Technologies, L.L.C.; and 5. Jay Bridge, RLA of Urban Design Studio. Please place these curricula vitae in the official records of this file. Very tru y yours, Jason S. Mankoff JSM:vf Enclosures Cc: Michael S. Weiner, Esquire (w/o enclosures) O:IBENGOOS1Letter to Paul Dorling-City Clerk. November 6, 2007.doc '~~ ~X~,S~-sue, ~s~~o~ - ~~ , ~ - ~~- ~ ~~ MICHAEL 5. WEINER Weiner & Aronson, P.A. RESUME REC~I`~EL? EDUCATION NOV 0 6 1001 LEGAL: G~rY CLERK University of Michigan Law School, Ann Arbor, Michigan Degree: Juris Doctor Graduation: May, 1974 UNDERGRADUATE: Washington & Jefferson College, Washington, Pennsylvania Degree: B.A. Graduation: June, 1971 Member, Phi Beta Kappa EMPLOYMENT Weiner & Aronson, P.A. Delray Beach, Florida Senior Partner and Founder March 1, 1986 -Present Csank, Csank & Weiner Cleveland, Ohio and Palm Beach, Florida Partner September 1, 1983 -February 28, 1986 Guren, Merritt, Udell, Sogg & Cohen Cleveland, Ohio; Columbus, Ohio; and Miami, Florida AttorneylPartner (1980) May 11, 1974 -August 31, 1983 OTHER ACHIEVEMENTS < License: Member, Ohio State Bar, Since November 9, 1974 < License: Member, Florida State Bar, Since December 5, 1978 -1- MICHAEL :. WEINER Weiner & Aronson, P.A. < Past Chairperson, Consumer Affairs Hearing Board of Palm Beach County, Florida < Past President, Pineapple Grove Support Group, Delray Beach, Florida < Former Member, Centennial Committee, Delray Beach, Florida < Former Member, University Parkway Task Force Team, Palm Beach County, Florida < Chairperson, Cultural Heritage Month, City of Delray Beach, Florida. < Former Trustee for Old School Square, Inc., a non-profit corporation, Delray Beach, Florida < Former Member, Greenways and Trails Committee, State of Florida < Chairperson Council of 100, Delray Beach, Florida < Member, Land Use Advisory Board, Palm Beach County, Florida LECTURES AND OTHER SPEAKING ENGAGEMENTS < Speaker, Florida Atlantic University Seminar for Land Planners: Hot Topics For Local Governments < Speaker, Boynton Beach Chamber of Commerce: 10 Things You Can Do For Free (or Almost Free) to Promote Redevelopment < Moderator, Lambda Alpha International, an honorary land economic society: Eastward Halt: How is new Urbanism faring in the face of Government Regulation"? < Speaker, Florida Mainstreet Program Conference: Kickstarting Urban Redevelopment < Speaker, NBI Attorneys Program: Creation of Private Rights of Way and Easements < Speaker, NBI Attorneys Program: Land Use Planning & Eminent Domain < Speaker, NBI Attorneys Program: Mastering Land Use and Planning Processes in Florida < Speaker, NBI Attorneys Program: Drafting and Negotiating Florida Commercial Real Estate Leases < Speaker, Sterling Education Services, Inc.: Fundamentals of Real Estate ueveiopment -2- MICHAEL f. WEINER Weiner & Aronson, P.A. TEACHING 1976-1977 Taught evening classes for paralegals at Dyke Community College, Cleveland, Ohio, "Negotiable Instruments and Sales under the Uniform Commercial Code PUBLICATIONS Author Real Property: For the Connoisseurs of the Preposterous-"When Is It A Capital Asset"? 24 Cleveland State Law Review 573 (1975). Co-Author "Accumulated Earnings Tax and Stock Redemptions--Further Thoughts on the Reasonable Business Needs Test," 28 Cleveland State Law Review 417 (1979). Co-Author "Stock Redemptions Can Be Reasonable Business Needs to Avoid Tax on Accumulated Earnings," 26 Taxation For Accountants 176 (March, 1981). AREAS OF INTEREST After beginning his career as a tax attorney, Mr. Weiner turned to the narrow specialty of tax planning for real estate developers. This was a springboard to specializing in real estate work to which Mr. Weiner devotes his full professional time. After owning his first old building in 1976, a dilapidated theater in a deteriorating neighborhood in Cleveland, Ohio, Mr. Weiner became actively involved in all aspects of redevelopment. The theater project was a great success and upon moving to Delray Beach, Florida in 1983, he took an active interest in opportunities afforded by downtown Delray Beach. As both an entrepreneur and as an attorney, Mr. Weiner has specialized in the problems of redevelopment and has spoken before the various Chambers of Commerce, local civic clubs and groups about the importance of the revitalization of a city center. As well, he has invested his own funds in pursuit of the same goal, demonstrating that there can be profits both for the individual and for the community. -3- RECEI'/~~ NoY 0 6 ZOaI Robert F. Rennebanm, P.E. President Vltae EDUCATION: Bachelor of Science Civil Engineering The Citadel, The Military College Of South Carolina Graduated: May 1984 PROFESSIONAL REGISTRATION State of Florida Registered P.E. February 9, 1989, Reg. No. 41168 AFFILIATIONS Florida Engineering Society (Past President of Palm Beach County Chapter) institute of Transportation Engineers, Fellow Member EXPERIENCE Mr. Rennebaum has over 23 years of traffic and civil engineering experience, over 20 years of which has been in West Palm Beach with the firm Simmons & White, Inc. His extensive professional experience includes all aspects of land development/civil engineering, traffic engineering and transportation planning including the preparation of Traffic Concurrency studies, Land Use Plan Amendment studies and Comprehensive Plan Transportation Element revisions, intersection studies, coordination with the County and municipal governments regazding traffic improvements, traffic calming and capacity analysis. Preparation of comprehensive land development construction plans including water distribution, wastewater collection, stormwater management and roadway design. Coordination of platting, surveying and services during construction for all types of projects including residential, commercial, municipal and educational facilities. Mr. Rennebaum is also qualified to provide expert testimony regarding traffic engineering and capacity analysis. PROFESSIONAL ]EIISTORY Simmons & White, Inc. riugust 1987 -Present Partner/Owner and President Prepare Traffic Impact Analyses for the Concurrency and Land Use Plan Amendment process, Development Feasibility Studies, Access and Internal Circulation Studies, Parking Analyses, Capacity Analysis, Traffic Calming Design, Roadway and Intersection Design, and Signing and Striping Plans. Provide comprehensive land development services from the preparation of conceptual engineering plans for the concurrency, rezoning and site plan approval process to providing assistance during the platting process and the preparation of paving, grading, drainage, water distribution and waste-water collection plans, specifications and permit applications. Provide assistance during the bidding process including preparing contract documents. Appointed by the Palm Beach Provide services during construction necessary to certify County Board of County work to owner and governing agencFes. Commissioners in 1991 and currently serving the Palm County Lowe Engineers, Inc. Traffic Performance Standards Appeals Board. March 1985 -August 1987 Project Manager Appointed by the Director of the palm Beach County Traffic Site evaluation and Development Feasibility Reports, Division in 1994 to serve on the Metro Atlanta, Georgia Palm Beach County Access Management 'task Team West Mill Planned Community, Cherokee County, responsible for developing guidelines for access management Georgia: on County Roadways. Planning and design of 3500 acre planned community development. Appointed by the Director of Palm Beach County Traffic Division in 2003 to serve on the Traffic Towne Center Plaza, Cobb County, Georgia: Performance Standard Responsible for developing construction plans and Subcommittee to review and specifications for 200,000 square foot shopping center. rewrite the Palm Beach County Traffic Performance Standards. Appointed by the Village of North post Buckley Schuh and Jernigan, Inc. Palm Beach Council in 1992 to May 1984 -March 1985 serve on the Code Enforcement Board. Resigned as Chairman Project Engineer 2000. TrafFic Re-signalization, Leon County, Florida Appointed by the Village of North Palm Beach Council in 2002 to Hurricane Evacuation Traffic Modeling, Florida Panhandle serve on the Village of North Palm Beach Planning & Zoning Commission. Resigned in 2004 to serve on Village Council. PERSONAL: Married to Deanna Rennebaum, 1993 Elected to Village of North Palm Daughter, Megan Rennebaum, born 1999 Beach Council March 2004. Served 2-year term as Councilman from 2004 to 2006. RECEI~/ED fJ 0 V 0 6 2007 D~~TY CLERK Vitae EDUCATION: Bachelor of Science Civil Engineering Syracuse University College of Civil Engineering Graduated: May, 2002 PROFESSIONAL REGISTRATION State of New York Registered E.I. October, 2003 AFFQ.IATIOrrs Institute of Transportation Engineers EXPERIENCE Mr. Caratozzolo has 5 years of traffic engineering experience. His professional experience includes engineering and planning support services in the areas of traffic impact studies, operational analyses, data collection and traffic analysis. He has worked with both private and public sector clients on a wide range of projects. Additionally, Mr. Caratozzolo has vast knowledge of the traffic engineering software such as Synchro and Highway Capacity Software. PROFESSIONAL ffiSTORY Simmoas & White, Inc. September 2005 -Present Project Engineer Primary responsibilities include preparation of Traffic lmpact Analyses for the Concurrency process, Development Feasibility Studies, access and internal circulation studies, signal warrant studies, Parking Analyses, Land Use Plan Amendment Traffic Analyses, Site Plan review and comprehensive transportation planning regarding Traffic Engineering services. Quillen DRI, Quillen Mixed Use Development, Indiantown, Florida Project Mana~erBnQineer- Prepared responses to Question 21 based on Florida Statutes. The study involved the projection of anticipated traffic volumes based on the proposed development's plan of development. The study also included the preparation of the Martin County Concurrency Report. The project also included coordination with FDOT District IV for Proportionate Share Costs for roadway improvements. Carmelo Caratoaolo, E.L Project Manager/Engineer Cypress Key Town Centre Signal Warrant Analysis, Cypress Head Development, Village of Royal Palm Beach Senior En ig•neer_ Performed a signal warrant based on FDOT's Manual of Traffic Studies. The study involved the projection of anticipated traffic volumes based on the proposed development's plan of development. The project also included coordination with FDOT District IV to obtain a median opening variance based on FDOTs access management standards. URS Corporation October 2004 -August 2005 Traffic Engineer During his time at URS Corporation Mr. Caratozzolo primarily worked with public sector clients, including the Florida Department of Transportation and the City of Miami. Prepared multiple studies conforming to the Manual of Uniform Traffic Studies requirements. Such studies included signal warrant studies, delay studies, left turn warrant studies, conflict studies and speed studies. Also performed interchange justification reports. US Highway 1 Travel Time and Delay Study, Monroe County Senior Enig neer= The study involved 2 weeks of data collection. Data collection included travel times and delay times, types and locations. Levels of Service were determined and reported. SW lOt6 Avenue Conflict Analysis, FDOT District N, Deerfield Beach, FL A conflict analysis was performed along SW I0~' Street between SW 30"' Avenue and SW 24`~ Avenue. Recommendations were based on observations. SR 80 Florida Turnpike Interchange Improvements Study, FDOT District N, Senior Engineer- Prepared a future analysis study in order to determine alternatives to the SR g0 Florida 't'urnpike Interchange. Gaitlin Boulevard and 195 Signal Warrant Study, FDOT District IV, Port St. Lucie Senior Engineer- Prepared a signal warrant analysis in order to determine the effects of a signal at The Gatlin Boulevard and I-95 interchange. The analysis included existing and future impacts to the interchange. McMahon Associates, Inc. June 2003 -October 2004 Project Engineer During his time at McMahon Associates Mr. Caratt-zzolo worked with bath public and private sector clients. Projects included corridor studies, parking studies and traffic impact analyses. Prepared access management studies, including collection volumes, accident data, and corridor analysis utilizing the Synchro VS software. Performed accident analysis including signalization of multiple intersections. City of Fort Myers, On Site Consultant, City of Fort Myers Assisted the City in traffic impact study and site plan reviews. Attended City department meetings and worked closely with City staff. SR-858lHallandale Beach Boulevard, FDOT District N, Broward County, FL Project Eng' eex- Responsible for the collection of traffic volumes and the interpolation of the accident data and the signalization intersection analysis for Hallandale Beach Boulevard between Dixie Highway to Three Islands Boulevard. SR 80 Corridor Study, City of Fort Myers, Fort Myers FL Project En ig_neer-Responsible for the collection of traffic volumes and accident data and the operational analysis for SR-80 between Seaboard Street and I-75. Designed roadway access points based on access management criteria. Draper 2ecFinoCogaes, .~~C. ConsuCting Ci~iCEngineers Qualifications Mr. Pellerito started Draper Technologies, LLC in December 2005. He brings over 17 years of experience in Civil Engineering including management, design, permitting and construction observation services of public and privately financed development projects. The project scopes range from small site developments to large complex municipal improvements such as utility expansions serving several square miles, roadway improvements ranging from athree- thousand feet to two-miles, and critical drainage area improvements ranging from a 5-mile corridor to a 340 acre downtown area. In addition to Mr. Pellerito's engineering and software technical expertise, project management methods including teaming, project scheduling, and client coordination provides superior quality assurance and quality control of deliverables. Prnject Related Experience Municipal project responsibilities includes design & plan preparation, design alternatives and reports, specifications, preparation and securing various water management district permits, drainage design and modeling, opinion's of probable construction costs, construction observation and related duties, quality assurance and control of deliverables. Land and Site Development project experience includes subdivision design, subdivision layout for tracts up to one square-mile, and commercial site development plans. • Estero East & West, Estero, Florida: Rezoning and Development Order permitting, South Florida Water Management Permitting, construction plans preparation and design for two 40 acre parcels in Estero Florida. Design included hydraulic analysis of open channel drainage system as the South Branch of the Estero River Tributary bisects each project, vacating private easements and public right-of--ways adjacent to the project sites, and designing project without adverse environmental impacts. • City of Cape Coral Utility Expansion: Served as a project manager for the design of the utility expansion including water, gravity sewer, and secondary water covering approximately a 10 square mile area within the South West City of Cape Coral. • Three Oaks Park Roadway Extension, Lee County, Florida: Project Manager for the PD&E construction plan preparation fora 2-mile roadway extension of Three Oaks Blvd from Alico Boulevard to Daniels Road. Responsible for the preparation of the alternatives reports. Evaluated opinions of probable costs for the proposed extension including right-of-way acquisition costs, mitigation bank costs and construction costs. • Midpoint Bridge Corridor Phase II -Cape Coral, Florida; Design and construction plan preparation fora 2-mile roadway extension including preparation of deliverables for public service meetings. Generated cost estimates for various designs alternatives. Designed drainage system and prepared applicable permit. Designed, prepared specifications and supervised plans production for the following plans: construction and maintenance of traffic, utility adjustments, signing and marking and signalization. • Bonita Beach Road Phase II -Lee County, Florida: (1999 APWA Project of the Year - 2M to lOM) Construction plans preparation and design fora 2-mile roadway widening of Bonita Beach road -Forester Drive to Vanderbilt Beach Road. Design included upgrading existing 2-lane undivided roadway to 4-lane divided roadway within a iG0' right-of-way. Other design parameters included two bridge upgrades, storm drainage upgrade, and parallel water and sewer upgrades for both Bonita Springs and Collier County utilities, as the road centerline is also the Lee/ Collier County line. ~~L:E~~r/E~ -s gaper 2echnvlo~zes, ~~C Consulting Civi~~rt~ineers • Santa Barbara Boulevard Drainage Improvements -Gape Coral, Florida: Scope included design of drainage improvements along afive-mile corridor on Santa Barbara Blvd from Cape Coral Pkwy to Pine Island Road. • Ghiquita Boulevard Roadway Improvements -Cape Goral, Florida: Widening of an existing 3600-foot 2-lane undivided roadway to 41ane divided roadway including storm drainage improvements. • Cultural Park Roadway Improvements -Gape Coral, Florida: Scope includes 3600-foot road extension of Cultural Park Boulevard including drainage accommodation for 50 acres of adjacent municipally owned property. • Gity of Cape Coral Streetscape -Gape Caraf, Florida: Landscape improvements for Cape Coral Parkway- Coronado Blvd to Del Prado Blvd. Civil scope included upgrading an existing open drainage 4-lane divided road to closed drainage 41ane divided with parallel parking. • City of Cape Coral Downtown Stormwater Management System Improvements (CRA} -Cape Coral, Florida: Drainage improvements for 340 acres of downtown Cape Coral located between Coronado Blvd and Del Prado Blvd. Scope also included upgrading existing roadway from rural 4-lane divided to urban 4-lane divided with parallel parking. Professional Affiliations • Florida Engineering Society, '07-'08 Calusa Chapter President Education 1990 B.S. Civil Engineering, University of Florida JAY BRIDGE, RLA LANDSCAPE ARCHITECT, PROJECT MANAGER Education ~ ~ ~' ~ ~ ~i/E State University of New York; Bachelor of Landscape Architecture ~j State University of New York; Bachelor of Environmental Studies '~ Q V a 6 ~o~! Professional Affiliations CITY CLEAN Registered Landscape Architect, Florida, LA 0000826 Professional Experience & Protect History Mr. Bridge has practiced landscape architecture since 1979. His design experience has ranged from large public sector projects to residential single family detailed design. His landscape architectural expertise is complemented by his experience in master planning and site planning for both residential and commercial projects. Mr. Bridge strives to address the client's concerns and create significant landscapes that improve with time and are cost effective to maintain. He aims to create landscapes that are both environmentally sensitive and possess longevity, and which cultivate community awareness. A description of representative projects follows: Palm Beach Internatio»al Airport -Landscape architecture design of exterior and interior areas of a $157 million expansion of the major airport facility in West Palm Beach. Services included preliminary and final design work including coordination with the Landscape Advisory Board as public participation, bidding, and constnzction observation services. Client: Palm Beach County, Florida South County Courthouse -Landscape architectural design services for asix-acre courthouse facility in Delray Beach, Florida. C/tent: Palm Beach County, Florida Shoppes on the Green -Landscape architectural design services fora 16-acre shopping center within PGA National in Palm Beach Gardens, Florida. Cltent: Southeast Shopping Centers Corporation Prosperity Oaks -Landscape architectural design services fora 27-acre elderly residential development in Palm Beach Gardens, Florida. Cltent: The Babcock Corporation Florida Atlantic University -Master planning, site planning and landscape architectural design services for the Health & Human Services Resource Building and the Engineering & Science Building at the Florida Atlantic University campus in Boca Raton, Florida. Cltent: Florida Atlantic University South County Waste Water Treatment Plant -Landscape architectural design services fora 140-acre waste water treatment plant. Services also included additional design work for the landscape installation to re- forest perimeter buffers for the treatment plant budgeted at one million dollars. Client: Palm Beach County Water Utilities u ban esi n s o JAY BRIDGE, RLA LANDSCAPE ARCHITECT, PROJECT MANAGER City Centre -Landscape architectural design services of a 13.5-acre upscale office complex in Palm Beach Gardens, Florida. Client: PG Partners Seaboard Railway Station -Landscape architectural design services including collaboration with the project architect for an historic renovation of an existing three-acre railway station in the City of West Palm Beach, Florida. Client: Oliver Glidden Spina & Partners Admiral's Crossing -Site planning and landscape architectural design services for an 11.2-acre upscale, multi- purposeshopping center adjacent to Admiral's Cove, an exclusive golf course community and the Abacoa Center in Jupiter, Florida. Client: Konover & Associates South, Inc. Temple Judea -Site planning and landscape architectural design services for athree-acre religious institution. Coordination and collaboration with the architect for the refurbishment of an abandoned church to create a new temple located in Palm Beach Gardens, Florida. Services included preliminary and final design work, entry design, bidding, and construction observation services. C/lent: Temple Judea of Palm Beach County, Inc. Courtney Village -Site planning and landscape architectural design fora 17-acre rental community located in Palm Beach County, Florida. Client: Contravest La Posada -Landscape architectural design services fora 22-acre continuing care retirement community located in Palm Beach Gardens, Florida. Client: Westport Holdings Walgreens Distribution Center -Landscape architectural design services fora 90-acre regional distribution center located in the Palm Beach Park of Commerce, Palm Beach County ,Florida. Client: Walgreens u ban esi n s o MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # ` ~ ~ - ORDINANCE N0.45-07 DATE: OCTOBER 26, 2007 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to amend Section 37.45, "Supplemental Code Enforcement Procedures", Subsection (~, "Civil Penalties", to provide for citations for noise violations of motor vehicles and motorcycles; amending Chapter 99, "Noise Control", by amending Section 99.02, "Definitions", to provide updated definitions; by amending Section 99.04, "Loud and Unnecessary Noises Enumerated; Exceptions", to change the name to "Loud and Raucous Noises Enumerated; Exemptions", by amending Subsection (A), "Certain Acts Declared Unlawful", and (1)(a) and (14), "Motor Vehicles Operating On A Public Right-Of-Way", to add "Motorcycles", "Mufflers", and "Rapid Throttle Advance", in order to provide a cap for all motorcycle exhaust noise and require EPA noise labels. BACKGROUND At the first reading on October 16, 2007, the Commission passed Ordinance No. 45-07, Option No. 1 which does not prohibit motorcycle traffic on East Atlantic Avenue, but does limit motorcycle noise. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Ordinance No. 45-07 on second and final reading. S:\Ciry Clerk\AGENDA f-O\'ER MEMOS\Ordinance Agenda Memos\Ord 45-07 Prohibiting Momrcycle wo ban option 1 Ind reading 11.06.07.doc ORDINANCE NO. 45-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 37.45, "SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES", SUBSECTION (Q), "CIVIL PENALTIES", TO PROVIDE FOR CITATIONS FOR NOISE VIOLATIONS OF MOTOR VEHICLES AND MOTORCYCLES; AMENDING CHAPTER 99, "NOISE CONTROL", BY AMENDING SECTION 99.02, "DEFINITIONS", TO PROVIDE UPDATED DEFINITIONS; BY AMENDING SECTION 99.04, "LOUD AND UNNECESSARY NOISES ENUMERATED; EXEMPTIONS", TO CHANGE THE NAME TO "LOUD AND RAUCOUS NOISES ENUMERATED; EXEMPTIONS", BY AMENDING SUBSECTION (A), "CERTAIN ACTS DECLARED UNLAWFUL", (1)(a) AND (14), "MOTOR VEHICLES OPERATING ON A PUBLIC RIGHT-OF-WAY", TO ADD "MOTORCYCLES", "MUFFLERS", AND "R.APID THROTTLE ADVANCE", IN ORDER TO PROVIDE A CAP FOR ALL MOTORCYCLE EXHAUST NOISE AND REQUIRE EPA NOISE LABELS; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the Ciry of Delray Beach, Florida, has the authority to protect the public health, safety and welfare of its citizens; and WHEREAS, the Ciry Commission enacts this ordinance in the interest of the public health, peace, safety, and general welfare of the citizens of Delray Beach, Florida, pursuant to Article VII, Section 2(b) and (5) of the Florida Constitution, and Chapter 166, Section 166.021 of the Florida Statutes; and WHEREAS, the City Commission desires to reduce adverse health effects and urban blight that occur as a result of excess and raucous noise; and WHEREAS, Congress gave states and their subdivisions broad powers to control motorcycles and motorcycle exhaust systems with respect to vehicle owners who deliberately make their motorcycles loud. See, 42 U.S.C. 4905(e)(2); and WHEREAS, there is no commerce clause violation because there is no discrimination against out-of- state competition and it is not unduly burdensome since this ordinance applies to all motorcycles and it only limits their travel on East Atlantic Avenue if they are travelling east or west between Swinton on the west and Southbound U.S. Highway No. 1 (NE-SE 5~' Avenue) on the east between 7 a.m. and 11 p.m.; however, motorcycles may still travel to downtown Dekay Beach on roadways other than East Atlantic Avenue at all times and they may travel across East Atlantic Avenue going north or south at all times; and WHEREAS, the City Commission desires to limit loud and raucous noise on East Atlantic Avenue between Swinton and southbound U.S. Highway No. 1 (N.E. - S.E. Sei Avenue) due to the large number of outdoor dining facilities in order to protect the health and welfare of the public; and WHEREAS, the City Commission may enforce this ordinance in accordance with the City's civil citation ordinance codified in Section 37.45, which provides for civil penalties for violations of the City's noise control ordinance; and WHEREAS, the City Commission has the authority to restrict the use of streets and to prohibit or regulate the use of heavily traveled streets within the jurisdiction of the City of Delray Beach pursuant to Section 316.008, Fla. Stat.; and WHEREAS, the City Commission desires to update its noise ordinance in order to better protect its citizens' right to an environment free from excessive noise in accordance with new case law and studies including but not limited to the following: A Line in the Sand Florida Municipalities Stru~le to Determine the Line Between Valid Noise Ordinances And Unconstitutional Restrictions. An analysis prepared by Paula P. Bentley. Stetson I.aw Review, 2006. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section. That Title 3, "Administration", Chapter 37, "Delray Beach Code Enforcement", of the Code of Ordinances of the City of Delray Beach, Florida, Section 37.45, "Supplemental Code Enforcement Procedures", Subsection (~, "Civil Penalties", shall be amended to read as follows: NOISE CONTROL 99.03 It shall be unlawful for any person to make, continue, or cause to be made any noise disturbance $150 $225 99.04 (A)(1) It shall be unlawful to permit to be played any radio, musical instrument, phonograph, or other device used to produce sound tlra~ for purposes of entertainment a. If the noise source is located within an automobile, in or on a public access area 2 ORD. N0.45-07 and can be heard 3A'- ~5' from the source, or 100' if the noise source is within a building $200 $275 b. If the sound violates the decibel level established by ordinance $200, $275 99.04 (A)(2) Loud speakers/Public address systems within a noise sensitive zone $200 $275 99.04 {x(14) Violations pertaining to noise and noise prevention standards for motor vehicles. motor Iles, and motor-driven cycles. 5200 $275 99.05 Sound levels by land use $200 $275 All other violations of Sec. 99 $150 $225 Section 2. That Title 9, "General Regulations", Chapter 99, "Noise Control", Section 99.02, "Definitions", of the Code of Ordinances of the City of Delray Beach, Florida, shall be amended to read as follows: Motonycler An unenclosed motor vehicle having a saddle for the use of the operator and two (2) or three (3) wheels in contact with the ground, ~ , rr~Hil~es but excluding a tractor or moped. Noise Dirturbunce. ~ Raucous noises send-el~: Person. Any individual, association, partnership or corporation, and includes any officer, employee, department, agency or instrumentality of a State or any political subdivision of a State. Person shall be additionally construed to mean reasonable ,persons of ordinary sensibilities. R.iucouf Noire A term which shall mean any sound which. because of its volume level, duration. character and time of day annoys disturbs injures or endangers the comfort, health peace or saf t~ of reasonable persons of ordinary sensibilities within the limits of the City. Section 3 That Title 9, "General Regulations", Chapter 99, "Noise Control", Section 99.04, Loud and Unnecessary Noises Enumerated; Exemptions", Subsection (A), "Certain Acts Declared Unlawful", (1)(a) 3 ORD. N0.45-07 and Subsection (14), "Motor Vehicles Operating on a Public Right-of-Wa~', of the Code of Ordinances of the City of Delray Beach, shall be amended to read as follows: Sec. 99.04. LOUD AND RAUCOUS NOISES ENUMERATED; EXEMPTIONS. (A) Certain Acts Declared Unlawful. The following acts, and the causing thereof, among others are declared to be unlawful and in violation of this Chapter: (1) Noise for Entertainment Purposes It shall be unlawful for any person or persons to play, use, operate or permit to be played, used or operated, any radio, musical instrument, phonograph or other machine or device for the producing or reproducing of sound if such sound is for the purpose of entertainment or is used for that purpose and can be heard from the distances stated in subsection (a) or violates the parameters set forth in subsection (b). (a) Violation will occur if the noise source is located within an automobile, in or upon a public street, highway, building, sidewalk, park, thoroughfare or other public area, or is located in or upon a public access area, such as a shopping mall, parking lot or the like, or on any private property, and the sound can be heard more than ~(}) twen -five (251 feet from its source or, if the noise source is in a building or other structure and the sound can be heard more than one hundred (100) feet away from the building or structure or the boundaries of the property surrounding such building or structure, whichever is greater. (14) Motor Vehicles Operating on a Public Kiight-of-Way. j,~ Failure to operate M motor vehicles on a Public Right-of--Way are-teg~t~ as set forth in the Florida Motor Vehicle Noise Prevention and Control Act of 1974, ~ rovid in F.S. Sections 316.272 and 316.293, as currently exists or as may hereafter be amended;~i (bl Motor~vcks Failure for all mot orcycles manufacture d after Decem ber 31, 1982 as required b y the Federal E nvironme ntal Protec tion Agency "EPA"1 noise emissions r egulations 40CFR2 05 parts D&E,-,purs uant to the Noi se Control Act ("NCA") o f 1972 to includ e•~1~ lab eled exhaus t systems free of defects or modificatio ns, that state th ey meet federal no ise emissions standards, in accordance to the maximum d BA levels for the mo del years listed below and, (2) all other re lated eq~ument to include chaise m ounted labels ( as a means to f~cilirare ve hicle and exhaust system applicabili~ and other in tegral exhaust Sy CtPm com ponents Nothing itl this se ction shall prevent the inst allation of U S. 4 ORD. N0.45-07 EPA improved low noise emission mufflers onto these motorcycles. 1. Exceeding the maximum U.S. EPA noise emission muffler ratings for highway use motorcycles manufactured: a. After 1982 and before 1985: 83dBA ~ After 1985 to present: 80dBA (c~ Mu~ftlers. Failure to limit loud and unreasonably excessive or raucous noise of every motor vehicle, motorcycle, and motor-driven cycle muffler. jc~)id Thmnle Advance. Rapid throttle advance (revving) of an internal combustion engine of a motor vehicle, motorcycle or motor-driven cycle resulting in increased noise from the engine. 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. c ~ n That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2007. MAYOR ATTEST: CITY CLERK First Reading Second Reading 5 ORD. N0.45-07 ORDINANCE NO. 45-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 37.45, "SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES", SUBSECTION (Q), "CIVIL PENALTIES", TO PROVIDE FOR CITATIONS FOR NOISE VIOLATIONS OF MOTOR VEHICLES AND MOTORCYCLES; AMENDING CHAPTER 99, "NOISE CONTROL", BY AMENDING SECTION 99.02, "DEFINITIONS", TO PROVIDE UPDATED DEFINITIONS; BY AMENDING SECTION 99.04, "LOUD AND UNNECESSARY NOISES ENUMERATED; EXEMPTIONS", TO CHANGE THE NAME TO "LOUD AND RAUCOUS NOISES ENUMERATED; EXEMPTIONS", BY AMENDING SUBSECTION (A), "CERTAIN ACTS DECLARED UNLAWFUL", (1)(a) AND (14), "MOTOR VEHICLES OPERATING ON A PUBLIC RIGHT-OF-WAY", TO ADD "MOTORCYCLES", "MUFFLERS", AND "R.APID THROTTLE ADVANCE", IN ORDER TO PROVIDE A CAP FOR ALL MOTORCYCLE EXHAUST NOISE AND REQUIRE EPA NOISE LABELS; PROVIDING A SAVINGS 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 Ciry Commission enacts this ordinance in the interest of the public health, peace, safety, and general welfare of the citizens of Delray Beach, Florida, pursuant to Article VII, Section 2(b) and (5) of the Florida Constitution, and Chapter 166, Section 166.021 of the Florida Statutes; and WHEREAS, the City Commission desires to reduce adverse health effects and urban blight that occur as a result of excess and raucous noise; and WHEREAS, Congress gave states and their subdivisions broad powers to control motorcycles and motorcycle exhaust systems with respect to vehicle owners who deliberately make their motorcycles loud. See, 42 U.S.C. 4905(e)(2); and WHEREAS, the Ciry Commission desires to limit loud and raucous noise on East Atlantic Avenue between Swinton and southbound U.S. Highway No. 1 (N.E. - S.E. 5'~ Avenue) due to the large number of outdoor dining facilities in order to protect the health and welfare of the public; and ~~,r'S.ed ,U~~-~unxn. X~r l~ lo.B WHEREAS, the City Commission may enforce this ordinance in accordance with the Ciry's civil citation ordinance codified in Section 37.45, which provides for civil penalties for violations of the City's noise control ordinance; and WHEREAS, the City Commission has the authority to restrict the use of streets and to prohibit or regulate the use of heavily traveled streets within the jurisdiction of the City of Delray Beach pursuant to Section 316.008, Fla. Stat.; and WHEREAS, the Ciry Commission desires to update its noise ordinance in order to better protect its citizens' right to an environment free from excessive noise in accordance with new case law and studies including but not limited to the following. A Line in the Sand Florida Municipalities Stnn~ggle to Determine the Line Between Valid Noise Ordinances And Unconstitutional Restrictions. An analysis prepared by Paula P. Bentley. Stetson Law Review, 2006. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Title 3, "Administration", Chapter 37, "Delray Beach Code Enforcement", of the Code of Ordinances of the City of Delray Beach, Florida, Section 37.45, "Supplemental Code Enforcement Procedures", Subsection (~, "Civil Penalties", shall be amended to read as follows: NOISE CONTROL 99.03 It shall be unlawful for any person to make, continue, or cause to be made any noise disturbance $150 $225 99.04 (A)(1) It shall be unlawful to permit to be played any radio, musical instrument, phonograph, or other device used to produce sound for purposes of entertainment a. If the noise source is located within an automobile, in or on a public access area and can be heard ~ 25' from the source, or 100' if the noise source is within a building b. If the sound violates the decibel level established by ordinance 99.04 (A)(2) Loud speakers/Public address systems within a noise sensitive zone 2 $200 $275 $200 $275 $200 $275 ORD. N0.45-07 99.04 (A~(14~ Violations pertaining to noise and noise prevention standards for motor vehicles. motorcycles and motor-driven cycles. $200 $275 99.05 Sound levels by land use All other violations of Sec. 99 $200 $275 $150 $225 Section 2. That Title 9, "General Regulations", Chapter 99, "Noise Control", Section 99.02, "Definitions", of the Code of Ordinances of the City of Delray Beach, Florida, shall be amended to read as follows: Motorcycles An unenclosed motor vehicle having a saddle for the use of the operator and two (2) or three (3) wheels in contact with the ground, ~ ~ , des but excluding a tractor or moped. Noise Disturbance. Raucous noises s~~~: Person. Any individual, association, partnership or corporation, and includes any officer, employee, department, agency or instrumentality of a State or any political subdivision of a State. Person shall be additionally construed to mean reasonable persons of ordinary sensibilities. Raucous Noise A term which shall mean any sound which, because of its volume level, duration. character and time of day annoys disturbs injures, or endangers the comfort, health. peace or safety of reasonable persons of ordinary sensibilities within the limits of the Citv. Section 3. That Title 9, "General Regulations", Chapter 99, "Noise Control", Section 99.04, Loud and Unnecessary Noises Enumerated; Exemptions", Subsection (A), "Certain Acts Declared Unlawful", (1)(a) and Subsection (14), "Motor Vehicles Operating on a Public Right-of-Way", of the Code of Ordinances of the City of Delray Beach, shall be amended to read as follows: Sec. 99.04. LOUD AND RAUCOUS NOISES ENUMERATED; EXEMPTIONS. (A) Certain Acts Declared Unlawful. The following acts, and the causing thereof, among others are declared to be unlawful and in violation of this Chapter: (1) Noise for Entertainment Purposes It shall be unlawful for any person or persons to play, use, operate or permit to be played, used or operated, any radio, musical instrument, phonograph or other machine or device for the producing or reproducing of sound if 3 ORD. N0.45-07 such sound is for the purpose of entertainment or is used for that purpose and can be heard from the distances stated in subsection (a) or violates the parameters set forth in subsection (b). (a) Violation will occur if the noise source is located within an automobile, in or upon a public street, highway, building, sidewalk, park, thoroughfare or other public area, or is located in or upon a public access area, such as a shopping mall, parking lot or the like, or on any private property, and the sound can be heard more than ~i€ty-{5~} twenty-five ~5~ feet from its source or, if the noise source is in a building or other structure and the sound can be heard more than one hundred (100) feet away from the building or structure or the boundaries of the property surrounding such building or structure, whichever is greater. (14) Motor Tlehicles Operating on a Public light-of-lY/ay. ~ Failure to operate #f motor vehicles on a Public Right-of--Way ~re~ as set forth in the Florida Motor Vehicle Noise Prevention and Control Act of 1974, ~ provided in F.S. Sections 316.272 and 316.293, as currently exists or as may hereafter be amended: and (b) Motorcycles Failure for all motorcycles manufactured after December 31. 1982 as required ~ the Federal Environmental Protection Agency ("EPA") noise emissions re_guLations 40CFR205 Harts D&E,~ursuant to the Noise Control Act ("NCA"~ of 1972 to include• (1~ labeled exhaust systems. free of defects or modifications that state they meet federal noise emissions standards, in accordance to the maximum dBA levels for the model years listed below: and, (21 all other related equipment to include chaise mounted labels (as a means to facilitate vehicle and exhaust system applicability) and other integral exhaust stem components Nothing in this section shall prevent the installation of U.S. EPA approved low noise emission mufflers onto these motorcycles. 1 Exceeding the maximum U S EPA noise emission muffler ratings for hway use motorcycles manufactured: a. After 1982 and before 1985: 83dBA b. After 1985 to Present: 80dBA (Tc) Mu~fl~rr Failure to limit loud and unreasonably excessive or raucous noise of every motor vehicle, motorcycle and motor-driven cycle muffler. (dl Ka~id Throttle Advance Rapid throttle advance (revving) of an intemal combustion engine of a motor vehicle, motorcycle or motor-driven cycle 4 ORD. NO.45-07 resulting in increased noise from the engine. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2007. MAYOR ATTEST: CITY CLERK First Reading Second Reading 5 ORD. N0.45-07 y y A L VO `O `O C N q y C N V O O V L C~ a.r L q ~ £ p q q w O ~L N 'yd W V y ~AOna w ~ J C 'u°A~ ~ a y S C W~ 3a~EE c ~ ~ q L~ E q~ o N v oil O E .s ~~ v g « o .. ~- L ° ~ R la ~ w , , N .O a N a ° L G C o n n o ~i ~~ u 3 A n T w m~ ~ E A d Y L c E a c W J .N d ~A~A ~ > N v 0 v E mq E a .N O O ~ q o d W ~~ „^ y q ° L~ .. 3 .L. d o €~Y ` u ~ ° _ aLC ° O qvT 3 m ~ vca a N ~ ~ o', E c°~ ~ v °cEt$ Ev cm E ~ o YA3c .: ~ .d q> '~ H F C do d Ean ... O J q C ~^ a d~ a ° U ~:. °uw A p, ~ ntA ~ aL+ N P oo°J L d N jp i.+ a°+ L ~ E v _ ~ d waE vu f$$8' rco O a. q v ~ ~' d > ccmy 'C c ,cn gNCaN+ d W C ' ^ n ~ - .p O m~a.~'v pnd ~ 8 ~- f' l~0 N ~ N N aL.+ pl d O C n j c S N ~ J n J L~ Y O w~ >. 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Smv L E,.,u moo w °°°~i ° ~Cc ~ T~ E L ~ ~ ~ V ~ s ~ ° ~n E ° a+ ~ ny ~ L A ~uy,~i~ ~La d E ~1OO wv ~~ N W =Z t+ O Z~+L' F - N C~ L ~ O i y « i ~ V C d ~ Q ~ ~ 5 ~ y C ~ > ~ O C ~ n 0 v~'=~ u W v o V LL.a u g ~+ ~ wEy1Oa! N E„w m~iR~ ~~ Hm~ a °,. ~~ wAE U W T y V~ v u w= W d~ V m u~ O T~ Z~ C n W ~ O N z~ ._ v 8lJ' ~ L H w ~~ q E~ vf0ina> N L `O~ is ~ C~nu °-' t V 0 :°wa~n $u o CO a~ c u A:0 v ~_ V ad > c ~ C n N c aL. U " C h N N •N ~~c x~w ~_ N O u u i A ~ ~ c yV N ~ O . O y N aL-i ~ ~ C x c c d •~ o N ~. y~~ c E C7 u O w `o ,>, c 'C N~~ 0 'm 'S n~ t H u :o m M .~ VI P 0°O L N V 0^0 .~ L U y~ r P ~ ~~ N U U N h ~ ~~ L u L ~ N ~ vii p O t ~ V n '- s ri ~_ N p. i. H u ~P o . n S .o u 0 ego a H 7 .= W O F d' MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ~~~ FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR OF PLANNING A ZONI G PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER ;~~ DATE: NOVEMBER 1, 2007 ~1 SUBJECT: AGENDA ITEM # ~ ~.C - REGULAR MEETING -NOVEMBER 6, 2007 CONSIDERATION OF A PRIVATELY INITIATED AMENDMENT TO LDR SECTION 4.4.13 "CENTRAL BUSINESS DISTRICT tCBD)," SUBSECTION 4.4.13{D), "CONDITIONAL USES AND STRUCTURES ALLOWED." AND SUBSECTION 4.4.13(H) "SPECIAL REGULATIONS," ARTICLE 4.3 "DISTRICT REGULATIONS, GENERAL PROVISIONS." SUBSECTION 4.3.3 "SPECIAL REQUIREMENTS FOR SPECIFIC USES." AND APPENDIX A DEFINITIONS. TO ADD AUTOMOBILE BOUTIQUES AS A CONDITIONAL USE IN THE CENTRAL BUSINESS DISTRICT. ITEM BEFORE COMMISSION The item before the City Commission is aprivately-initiated amendment to several LDR sections to add a new conditional use of Automobile Boutique in the Central Business District, providing a definition of Automobile Boutique, and special regulations under which the use can be established. BACKGROUND This privately initiated amendment will accommodate the display and sale of some of the world's more expensive automobiles. The automobile boutique would have no outdoor display of the vehicles, no open hoods, no banners or other sales gimmicks used by typical automobile dealerships. All vehicles will be displayed inside an entirely enclosed showroom (available for viewing on an appointment basis), interior showroom fighting will be maintained until midnight, and no more than one automobile boutique is allowed within any one block ar within 750 feet of another automobile boutique measured from lot line to lot line in a straight line. A full list of the special regulations associated with this use is provided in the attached ordinance. The proposed ordinance incorporates a combination of the LDR amendment submitted by the applicant, comments from the staff, and the recommendations of our various boards. REVIEW BY OTHERS Pineapple Grove Main 5'freef (PGMS} reviewed the proposal at their October 3, 2007 meeting and recommended approval by a vote of 9-T . The Downfown Development Authorify (DDA} reviewed the proposal at their October 8, 2007 meeting and recommended approval by a vote of 4-0 with the following recommended conditions: City Commission Documentation, Meeting of November 6, 2407 Privately-Initiated Amendment to the LDRs R1=: Automobile Boutique as Cond. Use in the CBD 1. The minimum price of a vehicle be raised to $75,000.00 and be adjusted to allow for 3% inflation rate per year. 2. To require that entrance to the showroom be by private appointment only with a door buzzer. 3. The interior lights (of the showroom) stay lighted until 12 midnight. 4. Motorcycles be prohibited. 5. Shades on windows be prohibited. 6. Two such uses are prohibited within the same block. The West Atlantic Redevelopment Coalition (WARC} reviewed the proposal at their October 10, 2007 meeting and recommended approval by a vote of 5-0. The Community Redevelopment Agency (CRA) reviewed the proposal at their October 11, 2007 meeting and recommended approval. The Planning and Zoning Board considered the subject LDR Amendment at its meeting of October 15, 2007, and voted 7-0 to recommend approval with suggestions that were agreed upon by the applicant and reflected in the attached ordinance. RECOMMENDATION By motion, approve on first reading Ordinance No. 53-07, to amend Land Development Regulations (LDRs} Appendix A Definitions, Section 4.4.13{D) and Section 4.3.3, adding the use of Automobile Boutique to the conditional uses allowed in the Central Business District subject to specific regulations, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachments: ^ Ordinance No. 53-07 ^ Planning and Zoning Staff Report of October 15, 2007 2 ORDINANCE N0.53-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY ENACTING SUBSECTION 4.3.3 (ZZZ), "AUTOMOBILE BOUTIQUE", AMENDING SECTION 4.4.13, "CENTRAL BUSINESS DISTRICT (CBD)", SUBSECTIONS 4.4.13(D), "CONDITIONAL USES AND STRUCTURES ALLOWED" AND 4.4.13(I~, "SPECIAL REGULATIONS"; AMENDING APPENDIX A DEFINITIONS; TO ADD AUTOMOBII,E BOUTIQUES AS A CONDITIONAL USE IN THE CENTRAL BUSINESS DISTRICT WITH SPECIFIC REQUIREMENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on October 15, 2007, and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c}, the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Deh~ay Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, the use of an Automobile Bautique is determined to be distinctly different from a Full Service Automobile Dealership, since it will not include provisions for body work, mechanical repairs, or painting of vehicles; it will require all vehicles to be contained and displayed in a fully enclosed showroom, require a minimum price of $75,000, will not allow vehicle washing on site, and will require a minimum separation requirement from other Automobile Boutique uses. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.3.3, "Special Requirements for Specific Uses", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by enacting Subsection 4.3.3.(ZZZ), "Automobile Boutique" to read as follows: (ZZZ) Automobile Boutiaue: The following shall apply to all automobile boutiaues: 1) All automobiles are to be contained and displayed in a totally enclosed showroom. At least seventy- five percent (75%} of the surface area of the front wall(s) at the ground floor of each building is devoted to display windows and to entrances for the public to view the automobiles. 2) There shall be no outdoor display of automobiles. 31 There shall be no promotional devices of any sort used on the exterior of the building containing the automobiles. Appropriate signaae consistent wi h the City's sign code shall not be construed as promotional devices. 4) No automobiles are to be raised an~~reater than 1'-0" above the floor upon which theme displayed. 5~ No automobiles shall have an open hood or trunk for display puzposes. b~automobile showroom is not to be open to the exterior in any way other than show windows. 7) There is to be a retail shop directly associated and attached with the showroom. The retail shop is allowed to sell to the general public items that are related to the automobiles being marketed. These items shall_include but not be limited to: clothing and accessories. 8) This is to be a very high end automobile boutique with the lowest price of an automobile to be $75,000.00 and adjusted upwazd thereafter corresponding with increases in the consumer price index (2007 baseyeaz). 9) All interior lighting shall be done in a very creative manner, well designed so as not to be excessive to public views. The interior li ting plan shall be approved by the Site Plan Review and Appearance Board. All lighting is to be confined to the site and directed into the building. All lighting is to remain on until at least 12:00 Midnight, seven nights a week. 10) There is to be no repair or bodywork done on site. 11) There is to be no washing of automobiles on site. Final detailing can be performed on the interior of the building. ORD. N0.53-07 121 There is to be no daily rental of automobiles. Lang term leasing of vehicles of not less than one (11 year is Aermitted. 13 The square footage of the display azea must be defined as part of the conditional use approval rop cess. 14) The exterior signa~e shall not contain the following words: car or dealership. 151 That no more auto boutiques be located within any one block nor within 750 feet of another auto boutique measured from lot line to lot line in a strai t line. Prior to the renewal of an annual occupational ficense, the business owner must certify in affidavit form compliance with these 15 requirements. Section 3. That Section 4.4.13, "Central Business District (CBD)", Subsection 4.4.13(D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CBD District: (1) Adult congregate living facilities. (2) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D). (3) 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. (4) Child care and adult day care. DELETED (S) AND RENUMBERED (5) Financial institutions, e.g., banks and similar institutions including drive through facilities pursuant to restrictions set forth in Section 4.4.13(6)(1). (G) Funeral homes including accessory uses, such as, a chapel, crematory, and the like. (7) Gasoline stations or the dispensing of gasoline directly into vehicles, except that such use shall not be allowed in the West Atlantic Neighborhood, the Beach District, nor on lots which front along ORD. N0.53-07 Atlantic Avenue or N.E. 2"d Avenue (a/k/a Pineapple Grove Way}, beginning at a point 105' south of N.E. 4th Street. (8) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses, skating rinks. (9) Veterinary clinics. (10) Movie theaters, excluding drive-ins. (11} Playhouses, dinner theaters, and places of assembly for commercial entertainment purposes (e.g., concerts, live performances). {12) Flea mazkets, bazaars, merchandise marts, and similar retail uses. (13) Wash establishment, with automatic/mechanical systems only, for vehicles, except that such use shall not be located east of the Intracoastal Waterway or on lots which front along Atlantic Avenue. Further, this use must be established on property with a minimum lot area of 20,000 sq.ft. (14) Multi-family dwelling units, excluding duplexes, at a density greater than thirty {30) units per acre, on property located south of N.E. 2nd Street and north of S.E. 2nd Street, subject to the standards and limitations of Section 4.4.13(I). (15} Group Horne, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(1). (16) Restaurants, Cocktail Lounges, Hotels, and Residential Type Inns may provide their required parking as valet parking, subject to the provisions of Section 4.6.9{F)(3). (I'7) Drive-in or drive-through restaurants on property located within the West Atlantic Neighborhood. (18) Hotels, motels, bed and breakfast inns, and residential-type inns on property located within the West Atlantic Neighborhood. (19) Free standing or mixed-use residential development at a density greater than twelve (12) units per acre, but not exceeding 30 units per acre, on property located within the West Atlantic Neighborhood, subject to the standards and limitations of Section 4.4.13(I). {20) Automobile Boutiques. 4 ORD. N0.53-07 Section 4. That Section 4,4.13, "Central Business District (CBD)", Subsection 4.4.13(H), "Special Regulations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (H) Special Re~nlations: (1) Office uses including financial institutions (e.g. banks, savings and loans, credit unions, and mortgage offices) shall not be allowed on the ground floor within businesses which have an entry from and/or windows along and/or frontage on Atlantic Avenue in the Central Core Area or the Beach Area. Office uses shall be allowed up to 50% of the ground floor as a permitted use within businesses which have an entry from and/or windows along and/or frontage on Atlantic Avenue in the West Atlantic Area and as a Conditional Use if greater than 50%. Office uses are allowed on floors other than the ground floor along Atlantic Avenue and on all floors elsewhere in the CBD district. This regulation shall not apply to existing buildings in the Central Core Area or the Beach Area that have 80% or more of their frontage at a setback of 25 feet or greater. (2) The sale of second hand material, other than verifiable antiques; shall not be allowed within businesses nor on properties which have an entry from and/or windows along and/or frontage on Atlantic Avenue or N.E. 2nd Avenue (a/k/a Pineapple Crrove Way) between East Atlantic Avenue and N.E. 4~` Street. (3) The sale of automotive parts, firearms, and lawn care equipment, shall not be allowed within the West Atlantic Neighborhood nor within businesses or on properties which have an entry from and/or windows along and/or frontage on East Atlantic Avenue ox N.E. 2nd Avenue (a/k/a Pineapple Grove Way} between East Atlantic Avenue and N.E. 4~' Street. (4) The picking-up, dropping-off, or otherwise transporting workers, assigned through an employment agency, from an assembly point in the CBD to the work site is prohibited, except within the West Atlantic Neighborhood area provided the structure involved does not have an entrance from and/or windows facing West Atlantic Avenue. (5) Within the West Atlantic Neighborhood, all permitted uses with drive-through facilities shall require conditional use approval. (6) Minimum floor area for multi-family residential dwelling units shall be as established for the Medium Density Residential (RM) zoning district in Section 4.3.4(x). 5 ORD. N0.53-07 (7) Multi-family dwelling units may be located in structures that are comprised of residential units only or in mixed-use buildings that contain a combination of residential and non- residential uses. However, where residential uses are located in structures having frontage on Atlantic Avenue, NW/SW 5th Avenue or N.E. 2nd Avenue (a/k/a Pineapple Grove Way), there must be nonresidential uses fronting the Avenue on the ground floor. In lieu of providing non-residential uses fronting the west side of N.E. 2na Avenue between N.E. 3~a Street and N.E. 4th Street (hereinafter referred to as the exception area), the developer may elect to provide a building and property fronting on N.E. 2na Avenue at the intersection of N.E. 3ra Street and N.E. 2nd Avenue which shall be conveyed to the City for Community Facility purposes and dedicate an area for Open Space in the northeast corner at the intersection of N.E. 2nd Avenue and N.E. 4th Street. The purpose of the alternative is to encourage pedestrian travel, promotion of the Arts, the provision of needed Open Space, encouraging public art and to provide space for an entry way feature, all of which is in keeping with the vision for Pineapple Grove. If the developer chooses the alternative in the exception area instead of providing non-residential uses, he must submit a developer's agreement containing terms acceptable to the City at the time of application of a building permit. (8) The rental of sporting goods and equipment shall be limited to no more than one business renting a specific category of item (i.e. bicycles, skates, etc.) every 300 feet measured in a straight line from door to door, and any outdoor displays are subject to the restrictions set forth in Section 4.b.b(C)(3). (9) 24-Hour or late night businesses as defined herein must be processed as a conditional use and are subject to the provisions of Section 4.3.3(W). (10) Automobile boutique as defined herein must be processed as a conditional use and is subject to the provisions of Section 4.3.3lZZZZ Section 5. That Appendix "A" of of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: AUTOMOBILE BOUTIQUE: A limited svecialt~store for the purpose of retail sales and long term leasing (defined as a period not Less than six (6) months) of exotic automobiles with a minimum retail cost of $75 000 00 adiusted upward thereafter corresponding with increases in the consumer price index (2007 base ear . 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. 6 ORD. N0.53-07 Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 8. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200_ ATTEST City Clerk First Reading Second ReadingL MAYOR 7 ORD. N0.53-07 PLANNING AND ZONIt~IG"BOARD STAFF REPORT MEETING DATE: OCTOBER 15, 2007 AGENDA NO: IV.B. AGENDA ITEM: CONSIDERAT[ON OF APRIVATELY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING SECTION 4.4.13 "CENTRAL BUSINESS DISTRICT (CBD)," SUBSECTION 4.4.13(D), "CONDITIONAL USES AND STRUCTURES ALLOWED," AND SUBSECTION 4.4.13(H} "SPECIAL REGULATIONS," SECTION 4.3 "DISTRICT REGULATIONS, GENERAL PROVISIONS," SUBSECTION 4.3.3 "SPECIAL REQUIREMENTS FOR SPECIF[C USES," AND APPENDIX A DEFINITIONS, TO ADD AUTOMOBILE- BOUTIQUES AS A CONDITIONAL USE IN THE CENTRAL BUSINESS DISTRICT WITH SPECIFIC REQUIREMENTS. ;££:r ~_ ,.; :':,', ::iii'"w'°xy`.i. ~•~t~:r:~.aia~£?.. .» ~?_~ ~ .. _ _,.._~"~x-:<~,~:=u~~.' =~`~~:aiai>c:M€~:--___:-s:'~~ R;= x. :•:.. --: sr..~_.I~ s.;:is~ ~ ;s_.:'~ c~S~°;'~ "~' xe'`~" ......~x.z...r.., it .c..-e. ~ ..~_.:_-^i_ : _??~!sYi£_'s•-.'~'.'z£ ~: z.=::::::~: ~ =.:x r=_:::cSss::'•~==~:Ti~ ~-:xisseri£i^7 ......:t[. 1 s.:r..4?~._'fx:_._;i. N 1 ..~ .~!f-1%£:'i-~~£Y.N'..'~:i:~ ~ iF.3...:f;::~t'~ x : _ _ _ ~__ ~ ....'x ~ ~_ ~ _ :ma. The item before the Board is to make a recommendation to the City Commission regarding a privately-initia#ed amendment to Land Development Regulations (LDRs} Appendix A-Definitions, and Subsections 4.3.3, 4.4.13(D), and 4.4.13(H), to define Automobile Boutiaue, allow it as a conditional use in the Central Business District, and to provide for specific regulations. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. The private party formally initiating this amendment desires to introduce the new specific use of an automobile boutit~ue as a conditional use into the Central Business District. Following is a verbatim narrative provided by the applicant: We feel the suggested new addition of the Auto Boutique section would allow for a very low impact and tastefully done automobile showroom. The purpose is to display some of the worlds more expensive automobiles in a jewelry store type of environment. The interior would be lit in a very low-key manner and would be very exciting to see from the exterior. We would expect to have many people want to simply stroll by fo see these works of art. It is always wonderful to window shop. People may even visit the downtown area just simply to see our display. The low impact aspect is that there is no outdoor display of autos, no hoods open, no banners and all of the ofher sales gimmicks used by typical car dealerships. There are only a handful of employees so fhe trip generation of road use would be extremely minimal. This business caters to the highly paid segment of sports figures and ofher very well known influential persons. This will bring an addifional element of people to Delray. These people will enrich the town by dining, shopping and possibly purchasing property once they see how wonderful fhe city is. Planning and Zoning Board Meeting, October 15, 2007 LDR Amendment -Automobile Boutiques in the CBD The building is currently expected fo have a pnvate display area, which is only accessible, by appointment. The owners do not want the general public wandering though the display area with any chance of an aufo being damaged. There are plans to have a clothing boutique and accessories for the genera! public to purchase. There will also be coffee, tea and wine area with a window looking into the display area. On the second floor will be corporate offices and conference rooms. The LDR amendment will add the following definition of Automobile Bou#ique and introduce specific regulations as noted below. Deflnltion: Automobile Boufique: A limited specialty store for the purpose of retail sales and long term leasing of exotic automobiles with a minimum retail cost of $50,000.00. To more specifically define what would qualify as an automobile boutique, the following are recommended: ^ The anticipated duration of "long term leasing" should be specified, and staff recommends a minimum period of six months. ^ Based upon the applicant's presentation, a minimal cost of $50,000.00 appears low. The definition should be revised to read: Automobile Boutique: A limited specialty store for the purpose of retail sales and Iona term leasing !defined as a period not less than six lfi) months} of exo#ic automobiles with a minimum retail cost of $75.000.00, adjusted upward thereafter corresponding with increases in the consumer price index 12007 base year}. Proposed Regulations The following specific regulations have been proposed to govern automobile bou#ique uses. As applicable, staff commentary is shown after each proposed regulation in boldface italics, followed by staff suggested revisions in underline text: 1) All automobiles are to be contained and displayed in a totally enclosed showroom. There may be storefront glass for the public to view the automobiles. To encourage pedestrian activity, enhance the window shopping experience, and to avoid dark storefronts, storefront glass should be mandatory and not permissive. The regulation should be revised to read: All automobiles are to be contained and displayed in a totally enclosed showroom. At least seventy-five percent l75%} of the surface area of the fron# wallls} at the around floor of each building is devoted to display windows and to entrances for the public to view the automobiles. 2) There shall be no outdoor display of automobiles. 3) There shall be no promotional devices of any sort used on the exterior of the building containing the automobiles. The narrative That accompanied the amendment request specked that banners and other `sales gimmicks' used by fypical car dealerships would not be used. As currently written, condition #3 might exclude the allowance of signage. This condition should be clarified fv 2 'Planning and Zoning Board Meeting, October 15, 2007 LDR Amendment -Automobile Boutiques in the CBD further detail the specific promotional devices that would not be allowed, buf specify that signage is not to be construed as prohibited. The regulation should be revised to read: There shall be no promotional devices of any sort used on the exterior of the building containing the automobiles. Appropriate signage consistent with the City's sign code shall not be construed as promotional devices. 4) No automobiles are to be raised any greater than 1'-0" above the floor upon which they are displayed. 5} No more than one automobile shall have an open hood or trunk for display purpose. The narrative indicated that there would be no open hoods, while this condition would allow one. Final intention regarding open hoods should be clarified. Staff does not support open hoods or trunks. The regulation should be revised to read: No automobiles shall have an open hood or trunk for displav purposes. 6) The automobile showroom is not to be open to the exterior in any way other than show windows. 7) There is to be a retail shop directly associated and attached with the showroom. The retail shop is allowed to sell to the general public items that are related to the automobiles being marketed. These items shall include but not be limited to: clothing and accessories. 8) This is to be a very high end automobile boutique with the lowest price of an automobile to be $50,ooo.oa. The dollar amount stated appears low to support the applicant's targeted clientele for this use. Also, a fixed cost would require the text fo be amended to respond to economics and market conditions. A larger price tag and allowance for adjustment to respond to inflation and market forces should be included. The regulation should be revised fo read: This is to be a very high end automobile boutique with the lowest price of an automobile to be $75.000.00 and adiusted upward thereafter corresponding with increases in the consumer price index (2007 base vear). 9) All interior lighting shall be done in a very creative manner, well designed so as not to be excessive to public views. The interior lighting plan shall be approved by the city Planning and Zoning Board prior to the issuance of any building permits and shall be reviewed for compliance prior to the issuance of a cer#ificate of occupancy. Because interpretations of what constitutes `very creative,' `well designed,' and `excessive to public views' could vary, this statement requires further definition of what is acceptable. Also, as a matter of authority, it would be fhe Site Plan Review and Appearance Board (SPRABj that would ultimately approve the site plan (if granted conditional use approval). The lighting condition could be recommended by the Planning and Zoning Board, approved by the City Commission as part of the conditional use approval, buf the SPRAB would ultimately approve the site plan. Also, this would occur prior to building permits and certificates of occupancy. The regulation should be revised to read: 3 Planning and Zoning Board Meeting, October 15, 2007 LDR Amendment -Automobile Boutiques in the CBD All interior Fighting shall be done in a very creative manner, well designed so as not to be excessive to public views. The interior lighting plan shall be approved b~ the Site Plan Review and Appearance Board. All lighting is to be confined to the site and directed into the building. All lighting is to remain on until at least 12:00 Midnight, seven nights a week. 10) There is to be no repair or bodywork done on site. 11) There is to be no washing of more than one automobile at a time on the exterior of the building on site. Any final detailing is to be performed on the interior of the building. Currently in the CBD, wash establishments for vehicles are allowed only by conditional use and only by automatic/mechanical systems. Furfher, the current regulations prohibit such uses east of the Intracoastal Waterway, along lots that front Atlantic Avenue, or on lots measuring less than 20,000 S.F Washing of any vehicles on fhe outside of buildings presents issues of errant spraying along with residua! runoff in areas intended to be pleasant for pedestrians. Outdoor washing must be prohibited to avoid these nuisances, and vehicles would therefore need to be washed prior to delivery to the site. The regulation should be revised to read: There is to be no washing of automobiles on site. f=inal detailing can be performed on the interior of the building. 12) There is to be no daily rental of automobiles. Long term leasing is permitted. Long term leasfng must be defined. The regulation should be revised to read: There is to be no daily rental of automobiles. Long temp leasing of vehicles of not less than six (6) months is pem~itted. 13) The Planning and Zoning Board must approve the display area square footage prior to the issuance of a building permit. This should be revised to state fhat the display area must be detlned by the Planning and Zoning Boaraf as part of the conditiona! use recommendation to City Commission. The Ciiy Commission would approve the measured area, and the SPRAB would approve the subsequent site plan showing the display area. The regulation should be revised to read: The sauare footage of the display area must be defined as part of the conditional use approval rop cess. 14}The exterior signage shall not contain the following words: car or dealership. Pursuant to the recommendation of the DDA we recommend the following additional regulation be added: 15) That no more auto boutiques be located within any one block nor within 750 feet of another auto boutique measured from lot fine to lot line in a straight line. 4 Planning and Zoning Board Meeting, October 15, 2007 LDR Amendment -Automobile Boutiques in the CBD :-,~,3._..._:.;.r.:•;2acc,-.. ,..:. . .:::..:.:.:.:...»:.:~:.:.;:.::~:~v,:;;c:..:-..:,,:..... _;:_::k_.w ~ is="S: - -:isa>-^aii35r:&_'L~3iTiicf'r.5 tt^E'.Sii ,x.,,.-3 ,,._ e...xmS.;i-._i~s..^-:.a-..-.~:;a::~s:•:...,.....s.F~•i:i;:; .,:x;;c5r.:e.~;::-. .. ._ .ii.c:-,'s;- ..~+.. - 2:':'}:`='+~~~;;. r...kc.na?;:;err.£%1'rziiii:r:::: ~aP; :-4=:i+~Sra2>5::c:a-;man .. ,: ~x ,., ~a+x:c»::x•__ ~.i c : _ ~ M r:rr _ o.'w~-ter.- y~:ass5'riirsc::=`2i:"c~:1:.c'3:... s..,., ~::::...~...,.r:.,Spy..,... ................r_..._....xx;:::,:::r:=-:;ss"u.1'.,'.y....-, s.-. .....,.r:$i :fir . ~~•j^1i~ShiC .< .- uc_ic;;-i~e._..:3_:f-tcs-~~-ssr"~^.,°.?ii'>'-k~i'r- »zr~~ ...i.. :x r .;t:::sr; .... c3::::Fix~ f a ; -a:{: r:;:::: ~-:...- ....... .. ~ -:c.arss.._ .................r «.........._-s''_..fia?:u::~ .:~sx-..<C:•..w.., ,.~=~.,... - = __ 's s!' rvi._ts.. Comarehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consisten# with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Following are goals, objectives, and/or policies that are relevant regarding the proposed amendment. As applicable, staff commentary is shown after each proposed Goal, Objective andlor Policy in boldface italics. Policy A-2.4 Automobile uses are a significant land use within the City and as such they have presented unique concerns. In order to properly control these uses and guide them to locations which best suit the community's future development, the following shat[ apply: 1) Auto related uses ether than gasoline stations, wash establishments, and auto parts sales, shall not be permitted in the area encompassed by the CBD zone district. By strict definition, the proposed use would be considered an auto related use that would therefore not be consistent with this policy of the Comprehensive Plan. 2) Automobile dealerships shall not locate and/or expand in the following areas: ^ Within the CBD zone district; ^ West side of Southbound Federal Highway between George Bush Boulevard and S.E. 10th Street; ^ East side of Federal Highway, between George Bush Boulevard and the north property line of the Delray Swap Shop/Flea Market Property; ^ On properties fronting George Bush Boulevard, east of Federal Highway. jRevised by Amendment Q7--t j The definition of a Full Service Automobile Dealership is as follows: The provision of all services necessary to accommodate the sale and service of new automobiles including franchise sales. At a minimum, all of the following must be accommodated of the dealership site in order to qualify as a full service automobile dealership, franchise auto sales, auto repair, and auto service. The proposed use as described (wifh revisions} would not meet the current LDR definition of a Full Service Automobile Dealership. Therefore, this amendment would not be inconsistent with this policy of the Comprehensive Plan. Obiective C-3 Economic developmen# is an essential component of the redevelopment and renewal efforts which are directed to the future of the City of Delray Beach. Specific efforts for the coordination and provision of economic development activities shall be centered in the City Administration's Development Services Management Group. The request was discussed at DSMG which provided guidance and direction to process this privately-initiated LDR Text amendment Obiective C-4 The Central Business District (CBD} represents the essence of what is Delray Beach i.e. a "village like, community by the sea". The continued revitalization of the CBD is 5 •Planning and Zoning Board Meeting, October 15, 2007 LDR Amendment -Automobile Boutiques in the CBD essential to achieving the overall theme of the City's Comprehensive Plan of "A City Set Apart In South Florida." Policy C-4.2 The "Downtown Delray Beach Master Plan° was adopted by the City Commission on March 19, 2042. Covering the downtown business districts surrounding the Atlantic Avenue corridor between I-95 and A-1-A, it represents the citizens' vision far the growth and unification of Delray Beach, while s#ill retaining the "village like, community by-the-sea" character of the CBD. The Plan addresses a wide range of issues including infill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing/economic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. jRevised by Amendmenf 02-9J !f specific qualifying criteria were applied to this use to distinguish it from an aufomobile dealership and to further define if more in fine wifh a specialty retail store, it would confribute to the revitalrrafion of the CBD.' .. .. .~ iti, c~ --.-..-._s.., ..ttm:?•~ei~a~u~e=nrwr;~nvy~ ~ .. -..,_...~.`: ~ _ 'tiyiaa_~ __,s~,~.~,kfr„g`cu2~: _ T,~-~'es'_= smF•cec •~ ~ "•~.. -_- •t.r::~,~ ~rt.Y•?... _"_ ~ nu»;~:gi_;ar ~.s.3yh:i:iF:a^.^ i ~'~ i'--~;c;,_.-.rw;cv2 .. ..; _ .:_rs.:cs ~^:r - i~~~^. - :g;ui?~ ;;;_•;•r ;,;.,>!!. '.:.: u -r-r :~- .._.:..-•-. •..,..»-:.:...._ .. c..:--.._ _ . :e_ - ~ ... :k°. 'xr s` s~~ x.::i:~ ==~i?.?»=':~ ::-.-_..-,._:.:_c....r.? dsu.;.~ssiw ~•r...,~, s~'iwnne,.:`_a-..rss..... °... u::.,..-..,.,.._' .x::.. =__ _` ' ._ _~ ' _.. ..._ .' . ...,~-r'.`'_~•~x:::.:.r..xr,:.2_ .. The proposed amendment was presented before the following boards with recommendations made as follows: Pineapple Grove Main Street (PGMS) reviewed the proposal at their October 3, 2007 meeting and recommended approval by a vote of 9-1. The Downtown Development Authonfy (DDA) reviewed the proposal at their October 8, 2007 meeting and recommended approval by a vote of 4-0 with the following recommended conditions: 1. The minimum price of a vehicle be raised #o $75,000.00 and be adjusted to allow for 3% inflation rate per year. 2. To require that entrance to the showroom be by private appointment only with a door buzzer. 3. The interior lights (of the showroom) stay lighted until 12 midnight. 4. Motorcycles be prohibited. 5. Shades on windows be prohibited. 6. Two such uses are prohibited within the same block. The West Atlantic Redevelopment Coalition (WARC} reviewed the proposal at their October 10, 2007 mee#ing and recommended approval by a vote of 5-0 The Community Redevelopment Agency (CRA) reviewed the proposal at their October 11, 2007 meeting and recommended approval. Notices: Courtesy notices were provided to the following associations: ^ Neighborhood Advisory Council Old School Square Historic District ^ Chamber of Commerce Marina Historic District ^ Beach Property Owner's Association Barr Terrace Condominium ^ Delray Merchant's Association Barr Harbor Condominium ^ West Settlers Historic District 6 Planning and Zoning Board Meeting, October 15, 2007 LDR Amendment -Automobile Boutiques in the CBD Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ..::.:.j.' _. ». ...:...f:.::: i::::s:..:..sY: ~'::' xvxx.T = i ~ ..L... S..4tT1 Riti .•nC =~ ri=? ~-z:: ~S',:r+x=3;:i ~r ::_._.i:._. : ~.,.~ _:....~:...:......_....~_c^u_» ~e ;f._.!.~. . , ice. 7 .;,.~'x~(. a _ . p G ;r' r~~uxx~`..:b",~„=» 3:::::r..rn;.:r.::u~r:xa,PF3.`..,..av,.r,~.1;p. ::~ r^•:;;iy~ ~ . _s ................. , -711~.1:~k~c~JA7~.~ ,u~r~1~~ .''~ _ ::;:ths ~_-'v - _ _ =.~:1 3 t The purpose of this privately-initiated LDR text amendment is to allow a new use of an Aufomobile Boutique as a conditional use in the Central Business District. This amendment is not wholly consistent with the Comprehensive Plan and limited positive findings can be made with respect to LDR Section 2.4.5(M}(5}. Staff has put forth modifications to the proposed language which we would recommend be included to insure that this use remains compatible with other CBD uses. ~'s?iiaf=itit^: •.x;::.~::::?::`, :'_::::~~ ~^~zg;:i.,~ri::iui:^x.{rt .°.-... "-~.:.~;:. .. s, ,... axkl^vs.:.-^:---:::r_;.;_..-_....,~......;....,......_....._.tx'RS.E~i ~~yy~~~~ ~ r:„. >tc-rx:::.~..:;._..~.:r.: P-.- .c ~ ~ -: a : iau _.... .,._. _rr.~.. .._s,,;,,.r;::»:~:r::a::v::. „4;;xr.~"~-i~•... ~. ..~... r -.. ..„ . ». G..[=3S:x#.P~ ... _~fl~.:~ ~ .' . ~ .ISnf:c:^:fE ~ ': y~:i4:i::x=::' ~ :::~%;%::x[=^-tx'xx:::t.T: .w,i...Y:»'i.1~.F~i~~ x:::uc-a<xvzr. ~ i-::::: :::r.c::;iax::a:;:::::::ra;::-,:::.:..,_..........._.::.::»....,....;, _..;...~•.. i . -~~!?~~5:. A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Appendix A Definitions, Section 4.4.13(D}, and Section 4.3.3, adding the use of Automobile Boutique to the conditional uses allowed in the Central Business District with specific regulations, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M}. C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Appendix A Definitions, Section 4.4.13{D), and Section 4.3.3, adding the use of Automobile Bou#ique to the conditional uses allowed in the Central Business District with specific regulations, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5{M} (motion to be made in the a~rmafive). . ,. ~-_. > .;~;~~-.~x:,„~=_eras==a~3;~=::=;:~_:_s.-~-=a - _ _ ~~is~%i~... wK+s.~:=Et,w!:_~. _z ::~:czv :!:' _~:^~::,~ ».:x.:s:a:_ ~s ~'-_:_::.- =-~ t ^--::2yr- ~.._...~x _ ~ _'-__ __ '~idig= „z?ic:ii ^iiixF"`iL° ~L~:k''s:~:iT~. fir :r~x.'r. -.~.a.=: -' ~ 4,x.~'shr«L-a:xsmG ~...m-x.:r:......_~_.~ iT.::::::».: r- ~:.ro::.-.:.: _::::.=..:::a....;,~., fx. +a.e.._.x~..-~~.,.. .....t7r"_.... Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Appendix A Definitions, Section 4.4.13(D), and Section 4.3.3, adding the use of Automobile Boutique to the conditional uses allowed in the Central Business District with specific regulations, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Secction 2.4.5(M), subject to the following revisions shown as underlined #ext; DEFINITION Automobile Boufique: A limifed specialty sfore for fhe purpose of refail sales and long Perm leasing of exotic automobiles with a minimum retail cost of $50, x700.00. Automobile Boutique: A limited specialtyy store for the purpose of retail sales and long term leasnnc (defined as a period not less than six (6) months) of exotic automobiles with a minimum retail cost of $75.000.00, adiusted upward thereafter corresponding with increases in the consumer price index (2007 base vear). 7 Planning and Zoning Board Meeting, October 15, X007 1_DR Amendment -Automobile Boutiques in the CAD PROPOSED REGULATIONS 1) All automobiles are to be contained and displayed in a totally enclosed showroom. There may be storefront glass for the public to view the automobiles. 1) All automobiles are to be contained and displayed in a totally enclosed showroom. At least seventy-five percent (75%) of the surface area of the ftont walls} at the ground floor of each building is devoted to display windows and to entrances for the public to view the automobiles. 2) There shall be no outdoor display of automobiles. 3) There shall be no promotional devices of any sort used on the exterior of the building containing the automobiles. 3) There shat! be no promotional devices of any sort used on the exterior of the building containing the automobiles. Appropriate signage consistent with the City's sign code shall not be construed as promotional devices. 4) No automobiles are to be raised any greater than 1'-0" above the floor upon which they are displayed. 5) No more than one automobile shall have an open hood or trunk for display purpose. 5) No automobiles shall have an open hood or trunk for display purposes. 6) The automobile showroom is not to be open to the exterior in any way other than show windows. 7) There is to be a retail shop directly associated and attached with the showroom. The retail shop is allowed to sell to the general public items that are related to the automobiles being marketed. These items shall include but not be limited to: clothing and accessories. 8) This is to be a very high end automobile boutique with the lowest price of an automobile to be ~50,ooo.ao. 8) This is to be a very high end automobile boutique with the lowest price of an automobile to be $75.000.00 and adjusted upward thereafter corresponding with increases in the consumer price index (2007 base year). 9) All interior lighting shall be done in a very creative manner, well designed so as not to be excessive to public views. The interior lighting plan shall be approved by the city Planning and Zoning Board prior to the issuance of any building permits and shall be reviewed for compliance prior to the issuance of a certificate of occupancy. 9) All interior lighting shall be dune in a very creative manner, well designed so as not to be excessive to public views. The interior lighting plan shall be approved by the Site Plan Review and Appearance Board. All lighting is to be confined to the site and directed into the building. All lighting is to remain on until at least 12:00 Midnight, seven nights a week. 10) There is to be no repair or bodywork done on site. 11) There is to be no washing of more than one automobile at a time on the exterior of the building on site. Any final detailing is to be performed on the interior of the building. 8 'Planning and Zoning Board Meeting, October 15, 2007 LDR Amendment -Automobile Boutiques in the CBD 11) There is to be no washing of au#omobiles on site. Final detailing can be perfo_rrned on the interior of the building. 12} There is to be no daily rental of automobiles. Long term leasing is permitted. 12) There is to be no daily yenta! of automobiles. Long term teasing of vehiGes of not. less than six (6) months is permitted. 13) The Planning and Zoning Board must approve the display area square footage prior to the issuance of a building permit. 13) The square footage of the display area must be defined as part of the conditional use approval process. 14) The exterior signage shall not contain the following words: car or dealership. 15) That no more auto boutiques be located within any one block nor within 750 feet of another auto boutique measured from lot line to lot line in a straight line. Attachment: ^ Privately Initiated Amendment 9 Planning & Zoning Department ". MEMORANDUM TO: City Commission DATE: November 6, 200 FROM: Paul Dorling Director of Planning and Z ing SUBJECT: Withdrawal of Public Hearing Item No. 10.C. Ordinance 53-07 Automobile Boutiques as Conditional Use in the Central Business District Please be advised that the applicant for the subject privately-initiated amendment to the Land Development Regulations has requested it be withdrawn: TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # ~ ~• ~ -REGULAR MEETING OF NOVEMBER 6, 2007 ORDINANCE NO. 51-07 AMENDING DOCKAGE RATES FOR THE CITY MARINA DATE: OCTOBER 24, 2007 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading for an ordinance amending Chapter 92, "Boats and Boating", by amending Section 92.33, "Dockage Rate", of the Code of Ordinances to clarify the dockage rate charged for the Ciry Marina. BACKGROUND At the first reading on October 16, 2007, the Commission passed Ordinance No. 51-07. RECOMMENDATION Recommend approval of Ordinance No. 51-07 on second and final reading. S:\City (]erk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord SI-07 Amending Dockage Rates for City Marina 11.06.07.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: R. BRIAN SHUTT, ASSISTANT CITY ATTORNEY ~~'~-----~ THROUGH: CITY ATTORNEY DATE: OCTOBER 10, 2007 SUBJECT: AGENDA ITEM # ~ ~ • ~'I-REGULAR MEETING OF OCTOBER 16, 2007 ORDINANCE 51-07 AMENDING DOCKAGE RATES FOR THE CITY MARINA ITEM BEFORE COMMISSION This item before the Commission is Ordinance 51-07 which amends Section 92.33 of the City Code regarding the dockage rates at the City Marina. BACKGROUND The current ordinance sets forth certain dockage rates and license requirements that are either outdated or not applicable. Ordinance 51-07 provides that the Commission shall set the dockage rate and that current rates shall be located in the City Clerk's Office or the Parks and Recreation Director's Office. Also, Ordinance 51-07 provides for a minimum dockage rate to be charged. RECOMMENDATION Staff recommends approval of Ordinance 51-07. cc: Tim Simmons, Acting Parks and Recreation Director ORDINANCE NO.51-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 92, "BOATS AND BOATING", BY AMENDING SECTION 92.33, "DOCKAGE RATES", TO CLARIFY THE DOCKAGE RATE CHARGED; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to amend its Code of Ordinances in order to clarify the dockage rate charged by the City Marina. NOW, THEREFORE, BE TT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Chapter 92, "Boats and Boating", Section 92.33, "Dockage Rates", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended as follows: Sec. 92.33. DOCKAGE RATES. > > s > > > , The dockage rates chazeed shall be set by the Citv Commission and a cony of the current rates may be found in the City Clerk's Office and the Pazks and Recreation Director's Office. These rates may be changed from time to time as determined by the City Commission. The minimum amount charged for dockage shall be the fee fora 35 foot non-live aboazd boat if a boat is not currently specified on the license agreement or if a boat is listed on the license agreement and is less than 35 feet in length. If the boat listed on the license agreement is less than 35 feet in length and is a live aboazd the minimum fee chagged shall be the rate charged fora 35 foot live aboard boat. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of , 2007. MAYOR ATTEST: City Clerk First Reading Second Reading 2 ORD. NO.51-07 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLiNG, AICP, DIRECTOR OF PLANNING AND ZONIN ~,Q THROUGH: CITY MANAGER,~~~ DATE: OCTOBER 30, 2007 SUBJECT: AGENDA ITEM # ~ ~ . t'- -REGULAR MEETING -NOVEMBER 6.2flfl7 CONSIDERATION OF A REZONING FROM R-1-A (SINGLE FAMILY .... w.w ~...w... . .w w~ •w w..--.....~i r ~ w.• •r..-.w. .-ww w ~t u~ ~T~ AVENUE TO ACCOMMODATE OFFICES ASSOCIATED WITH THE ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES LOCATED AT 555 NE 4TH STREET ITEM BEFORE COMMISSION The item before the Commission is approval of a rezoning from R-1-A (Single Family Residential) to CF {Community Facilities) to accommodate office space for employees of the Achievement Centers for Children and Families (ACCF}. The curren# zoning of R-1-A does not allow offices as either a principal or conditional use, thus a rezoning is being requested by the Achievement Cen#ers for Children and Families. BACKGROUND The subject property is located on the east side of NW 5~' Avenue, just south of Lake Ida Road and is approximately 12,000 square feet (0.275 acres]. The property contains a 1,588 sq. ft. one-story, three bedroom and two bath, single family dwelling built in 1999. Across the street to the northwest of this parcel is the Achievement Centers for Children and Families. This facility serves as a family resource center providing child care, after school care and weekend activities for families with children. The facility, formerly known as the Community Child Care Center, was constructed in 1990. The. site has requested and been approved for numerous modifications including a rezoning from R-1-A to CF on September 18, 1995 and a FLUM amendment from LD to CF-P on July 25, 2000. During its existence, two expansions have been approved. On October 10, 1995, the Site Plan Review and Appearance Board approved a 5,562 sq. ft. expansion. On September 27, 2000, the Board approved another 18,597 sq. ft. expansion. Given the ongoing success City Commission Documentation: Meeting of November 6, 2007 Achievement Centers for Families -Rezoning Request from R-1-A to CF for Office Use of this facility, the Achievement Centers for Children and Families now desires to further expand its boundaries to include offices which will compliment the existing facilities by offering office space far three upper level management employees. This new office facility will be owned and operated by the Achievement Centers for Children and Families which is a private, not-for-profit 501(3)(c) organization. REVIEW BY OTHERS At its meeting of October 15, 2007, the Planning and Zoning Board recommended approval of the request for rezoning from R-1-A (Single Family Residential) to CF {Community Facilities}. Formal public notice was provided to property owners within a 500' radius of the subject property. A# the public hearing, neighborhood residents expressed concern about the affect of the rezoning on their adjacent. properties. The concem centered around fears that additional involuntary rezoning action would include their properties. Staff assured them that the rezoning would only affect the subject property at 345 NW 5th Avenue. At its meeting of October 11, 2007, the Community Redevelopment Agency (CRA) reviewed the proposal and recommended approval. The development proposal is not within a geographical area requiring review by the Downtown Development Authority (DDA) or the Historic Preservation Board (HPB}. RECOMMENDATION Approve the request for rezoning from R-1-A {Single Family Residential) to CF (Community Facilities} for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consisfenf with the Comprehensive Plan and does meet the criteria set forth in Sections 2.4.5(D){5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachment: Planning & Zoning Board Staff Report of October 15, 2007 ORDINANCE N0.52-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PARCEL LOCATED AT THE SOUTHEAST CORNER OF NW 5~ AVENUE AND NW 4~ STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2007"; 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 2007, as being zoned R-1-A (Single Family Residential) District; and WHEREAS, at its meeting of October 15, 2007, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 7 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4xc), the Planning and Zoning Boazd, sitting as the Local Planning Agency, has determined that the changes aze consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planting and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of CF (Community Facilities) District for the following described property: Beginning at the Northwest corner of Block 25; thence run South 100 feet along the West line of said Block; thence East 120 feet and parallel to the North line of said Block; thence North 100 feet and parallel to the West line of said Block; thence West 120 feet along the North line of said Block to the point of Beginning, in the City of Delray Beach, Florida, formerly the Town of Linton, according to a Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 1, Page 3 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 Section 2 hereof. Section, 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200 ATTEST City Clerk First Reading Second Reading MAYOR 2 ORD N0.52-07 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH --STAFF REPORT--- MEETING DATE: October 15, 2007 AGENDA ITEM: Iv. A. ITEM: Rezoning from R-1-A (Single Family Residential) to CF (Community Facilities) to accommodate offices to be located at 345 NE ~"' Avenue for three employees of the Achievement Centers for Children and Families located at 555 NE 4th Street. GENERAL DATA: Owner ........................................ Lorenzo & Jasmine Kerr Applicant ................................ Achievement Centers for Children and Families Agent .................................... Currie, Sowards, Aguila Architects Location ...................................... On the east side of NW 5"' Avenue, just south of Lake Ida Road Property Size .............................. Existing FLUM ........................... Proposed FLUM ......................... Current Zoning ............................ Proposed Zoning ........................ Adjacent Zoning ................North: East: South: West: Existing Land Use ...................... Proposed Land Use .................... 0.275 acres (92,000 sq. ft.} LD {Law Density Residential) No Change R-1-A {Single Family Residential) CF (Community Facilities) CF (Community Facilities} R-1-A (Single Family Residential) R-1-A (Single Family Residential) R-1-A (Single Family Residential) Single Family Residence Achievement Centers for Children and Families Office Facility Water Service ......................... Existing on site A T L A N 7 1 C A v E N V E Sewer Service ........................ Existing on site The item before the Board is that of making a recommendation to the City Commission on a rezoning from R-1-A (Single Family Residential) to CF (Community Facilities) to accommodate office space for three employees of the Achievement Centers for Children and Families (ACCF). The R-1-A zoning district does not allow offices as either a principal or conditional use, thus a rezoning application is being requested by the Achievement Centers for Children and Families to change the zoning designation. The subject property is located on the east side of NW 5'h Avenue, just south of Lake Ida Road and is approximately 12,000 square feet {0.275 acres). The property contains a 1,588 sq. ft. one-story, three bedroom and two bath, single family dwelling built in 1999, which is currently owned by Lorenzo and Jasmine Kerr. Across the stree# to the northwest of this parcel is the Achievement Centers for Children and Families. This facility serves as a family resource center providing child care, after school care and weekend activities for families with children. The facility, formerly known as the Community Child Care Center, was constructed in 1990. The site has requested and been approved for numerous modifications including a rezoning from R-1-A to CF on September 18, 1995 and a FLUM amendment from LD to CF-P on July 25, 2000. During its existence, two expansions have been approved. On October 10, 1995, the Site Plan Review and Appearance Board approved a 5,562 sq. ft. expansion. On September 27, 2000, the Board approved ono#her 18,597 sq. ft. expansion. Given the ongoing success of this facility, the Achievement Centers for Children and Families now desires to expand its boundaries to include offices which will compliment the existing faalities by offering office space for three upper level management employees. This facility will be owned by the Achievement Centers far Children and Families which is a private, not-for-profit 501(3)(c) organization. The expansion of the existing Achievement Centers for Children and Families far additional office space further supports the commitment of the City Commission to create quality neighborhoods where people want to live through citizen involvement in the decision- making processes, and collaborative partnerships. LAND DEVELOPMENT REGULATIONS CHAPTER 3 -PERFORMANCE STANDARDS: Pursuan# to LDR Section 3.1.9, 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 ma#erials 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 (FLUM), 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 sand is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. PZB Report Page 2 of 6 The subject property has a Future Land Use Map designation of LD {Low Density Residential - 0 to 5 du per acre). Pursuant to LDR Section 4.4.21, the CF {Community Facilities) zoning district is a special purpose zoning district primarily, but not exclusively, in#ended for locations at which facilities are provided to serve public, semi-public and private purposes. The CF District is deemed compatible with all land use designations shown on the Future Land Use Map. Principal Uses and Structures Allowed: Pursuant to LDR Sections 4.4.21(6}{2) and 4.4.21(8}(4), the following types of uses are allowed within the CF District as a permitted use: • Community, such as civic centers, community theater, cultural facilities and auditoriums, arts and crafts centers, libraries, museums, public parking lots and garages. • Services such as abused spouse residences, child care centers and day care centers. The proposed Achievement Centers for Children and Families office serves as both a community resource center and community day care facility, thus the resulting uses are allowed in CF and the CF zoning is deemed consistent with its existing Future Land Use Map designation of LD (Low Density Residential 0-5 du/ac). l] Concurrency: Development at the highest intensity possible under the requested designation can meet the adopted Concurrency standards. 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, including public schools, of the requested land use and/or development application will not exceed the ability of the City and The School District of Palm Beach County to fund and provide the 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. Drainage: With this rezoning request, drainage plans are not required. No drainage problems have been identified with regards to the existing building. A swale area is proposed for the limited impervious area to be added to the site. Further consideration of drainage will occur during the site plan review and approval process. At this time, problems are not anticipated related to retaining drainage on site or obtaining any building permits. Traffic: Traffic for the facility directly adjacent to the Achievement Centers for Children and Families office #o the northwest, was analyzed during the site plan review and approval process and approved by SPRAB on September 27, 2000. Utilizing a community center traffic ra#e, the traffic impact is estimated at 12 daily trips with three (3) AM three {3) PM peak trips. These trips can be easily absorbed by the surrounding street network and no traffic Concurrency issues are noted. Solid Waste: Based upon the Solid Waste Authority's typical waste generation rates, a single family residence generates 1.99 tons of waste per year. However, a 1,588 sq. ft. office building generates 4.2876 tons of waste per year. Thus, the proposed Achievement Centers for Children and Families. office would result in an estimated 2.2976 ton increase in waste annually. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2021. Schools: School Concurrency findings do not apply for non-residential uses. Thus, the proposed development will not have an impact wi#h respect #o this level of service standard. PZB Report Page 3 of 6 Parks and Recreation: Non-residential uses are not considered to have an impact on the City's Parks and Recreation facilities. D Consistency: The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Ptan. The following applicable Comprehensive Plan objective and policies are noted: Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic and other applicable physical considerations; is complimentary to adjacent land uses; and fulfills remaining farad use needs. There are no significant environmental characteristics to the subject property. The future redevelopment of the property as a Achievement Centers for Children and Families offce will be compatible with the adjacent land uses, which consists of primarily single family residences and the existing Achievement Centers for Children and Families facility to the nor#hwest. The requested CF {Community Facilities} zoning and resulting low impact office use is of similar intensity as R-1-A (Single Family Residential}. Housing Element Policy A-92.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dusay traffic volumes and circulation patterns shall be reviewed in Perms of thejr potential to negatively impact the safety, habitability and stability of residential areas. !f it is defermined that a proposed development will result in a degradation of any nejghborhood, the project shall be modified accordingly or denied. The development proposed herein is merely a rezoning to allow for the proposed use and involves minimal modifications to the existing single family residential structure. The Achievement Centers for Children and Families office will neither disrupt the aesthetic value of the neighborhood nor produce any negative effects inclusive of, but not limited to: noise, dust, odors or disruptive traffic and circulation problems. The facility will benefit the neighborhood by providing enhanced acxess to vital services. Based upon the above, positive findings with the Comprehensive Plan can be made. ^ Compliance with LDRs: Development under the requested designation wilt comply with the provisions and requirements of the Land Development Regulations. Whenever an item is identified elsewhere in these Land Development Regulations (LDRs}, it shall specifically be addressed by the body taking final action on a land development application/request. Such items are found in Section 2.4.5 and in special regulation portions of individual zoning district regulations. At this time, physical improvements are only being proposed in order to add a small parking area and add an ADA compliant handicap accessible entrance, restroom and designated parking space. These improvements are scheduled to proceed before the Site Plan Review and Appearance Board for approval on October 24, 2007. The subject property is a conforming lot and contains a conforming structure in its current R-9-A zoning. However, in its proposed CF zoning, the existing structure will become nonconforming Pzs Report Page 4 of 8 with respect to the required setback for the south property line. A ten foot (10'} perimeter landscaping setback is required for CF zoning and 7.5 feet exists. In addition, the proposed parking improvements at the northeast comer of the site will encroach into the required ten foot (10') landscape setback {5' will be provided}. A waiver is required and can be supported given its location adjacent to Lake lda Road and behind an existing perimeter fence. This waiver will be considered during the site plan review and approval process. ^ Compatibility: The requested designation will be compatible with the existing and future land uses of the surrounding area. As demonstrated in the following "Rezoning Analysis" section, the proposed zoning designation of CF (Community Facilities) will be compa#ible with the existing and future land uses of the surrounding area. Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the development criteria of the LDR were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations w'sth respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. Section 3.2.2 (Standards for Rezoning Actions): Standards. "B", "C", and "E" are not applicable with respect to this rezoning request. Standard "A" requires that the most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. This request is for Community Facilities, which is allowed under Section 3.2.2(A). Standard "D" requires 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. Existinct land uses Subject Property -Single Family Residential (R-1-A zoned) North -Undeveloped Vacant Land {CF zoned) South -Single Family Residential {R-1-A zoned) East -Single Family Residential (R-1-A zoned) West- Single Family Residential (R-1-A zoned) Proposed land uses Subject Property -Achievement Centers #or Children and Families Offices {CF zoned} North -Undeveloped Vacant Land (CF zoned} South -Single Family Residential (R-1-A zoned) East -Single Family Residential {R-1-A zoned) West -Single Family Residential {R-1-A zoned) The subject property is bordered on the south, east and west by residential zoned properties and contain single family residences. To maintain compatibility the overall residential character of the building is being retained. No exterior changes are proposed other than the PZB Report Page 5 of 6 installation of a handicap space and a two space parking area in the rear. The adjacent property to the north is currently vacant undeveloped land zoned for CF (Community Facilites). The Achievement Centers for Children and Families to the northwest, is compatible with the neighborhood and they have coexisted for many years. The facility will continue to provide vital neighborhood access to services in a neighborhood setting. As demonstrated above, this request does not result in an incompatible land use, thus, the proposed development can be found to be in compliance with section 3.2.2(D). Section 2.4.5 (D) (5) (Rezoning Findings): Pursuant to 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 inappropriate; 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 circumstances particular to the site and/or neighborhood. The basis for which the rezoning should be granted, relates to the third bullet point above, indicating that the parcel located at 345 NW 5~' Avenue is of similar intensity as allowed under the FLUM and is more appropriate for the property based upon current circumstances specific to this site and neighborhood. While it could be argued that it may not be more appropriate, the structure is located immediately adjacent to the existing Achievement Centers for Children and Families and is on a City collector (Lake Ida Road}. As noted above, the residential character of the structure will be maintained and therefore will provide a transition with the adjacent residential areas to the south. The requested change to allow a CF (Community Facility) zoning designation for the Achievement Centers for Children and Families office will further the goal of the City Commission to create quality neighborhoods where people want to live. Equally, if not more important, it will address the immediate needs of the neighborhood and its residents. PzB Report Page 6 of 6 Public Notices: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and/or support, if any, will be presented at the Planning and Zoning Board meeting. Positive findings can be made 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. Therefore, rezoning the subject property from R-1-A to CF is recommended for approval, based on the findings outlined herein. A. Move a recommendation of approval to the City Commission for the request for rezoning from R- 1-A {Single Family Residential) to Cl= {Community Facilities} for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and does meet the criteria set #orth in Sections 2.4.5(D){5}, 3.1.1 and 3.2.2 of the Land Development Regulations. B. Move a recommendation of denial to the City Commission for the request for rezoning from R-1- A (Single Family Residential) to CF (Community Facilities) for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move to postpone a recommendation of approval or denial and continue the request for rezoning from R-1-A (Single Family Residential) to CF {Community Facilities) for the subject property with direction. Staff recommends that the Planning and Zoning Board moves to recommend approval to the City Commission for the request for rezoning from R-1-A (Single Family Residential) to CF (Community Facilities} for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and does meet the criteria set forth in Sectians 2.4.5(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. Report prepared by Candi Jefferson, Senior Planner Attachments: ^ Vicinity Map ^ Zoning Maps ^ Site Plan ^ Floor Plan N.W. 7TH ST. a ~ .y z v~i ~ y r1~ LAKE TERR. N,yy, 6TH ~ '~L ELD ~ P a ~O ~ x 4y0 3 ~ ~~cn z SUNSHINE ORI 3 WOOD LANE z KINGS L N ~ 3 z NFlELD R0. ' LY R. L A K ~O SR CF 0 A D ~`' Q Q 4 Q N.W. 3RD a ~ ~ ~ ~ ~ ~ ~ F rn MARTIN LU JR. ~ 3 z 3 z N sue,lECr ACHIEVEMENT CENTERS FOR CHILDREN AND 1=AMILIES ~' PROP~TM EXISTING ZONING CITY of oel.Rar 13EncH. FL LOCATEON MAP PLANNING do ZONWC DEPARTgENT -- DAC?AL L~ISE MM SYSTEM -- MAP REF: 5:\Plonninq do Zoning\OBMS\£He-Cab\Z-LM 1001-1500\LM1047J~efwevement Cenfero For ChAdren and Families s W~gG ~~ ~ 3~; ~ ~ ° o'~ ¢ .. ~ a ~ ' 99~ w a N ~3~= p~ ~ s ~-M~~u VOQU ~a ~.a~ sz~~ N Q ~3ld~~t ~ ~ ~ ~ ¢ u ~ O ~ ~~~"~° ~~a~ ~~ ~ c ~ s _~ mo ~~~pp p~~~ss.~4 ~~ ~~ o °' ~p ~ d 3a a~urew o -a. usa~+.s. wow ara a +m~w wr x u~sw warm wY is ~ oeo ~o muagao xama rw+orar ar seep n~ vx unum v~cl isrw ~ A xnar x a wi.~we w e / z 4 ~ a ~ ~ ~~ ~~ ~ ~ ~ a a a ~m ~~~~~; ~ voau iii ~~ ~..'iz°°~ *~ 1~t~ Vggg~ ~ N Q x#~~S ~. ~~ r ~ ~a V ~ O no ~ i6ek'B~~Y ~~ - ~9$ m i. f 1~ ~ ~ j I 1 E I { ~ .~ ~ 11[ ~.... .----------J a .. ' y F ~~ 'e ~.___ I I I I I I I I I I I I tvv- ,~ I u~ ~ { [~] ~! I ~ r, ~ ~~ I I I I I I ~- I I I I I I I -------- ~4g -----------~ ~a m I s I I ~~ ~ ~~ I I ~~ ----- ~ I I I ~~ ~ I I I __ _ I I ~ i ~~ , ~ I I 5 1 I -----~ 6 Z$ ~-_~~~-----J 33 Q s~~~ Q as ~° Rp R ~~$ ~~a ~~ ~~~~ E i MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: RONALD R. HOGGARD, JR., AICP, PRINCIPAL PLANNEF PAUL DORLING, AICP, DIRECTOR PLANNING AND ZON THROUGH: CITY MANAGER~~~ DATE: OCTOBER 31, 2007 SUBJECT: AGENDA ITEM # ~ ~, • n -REGULAR MEETING -NOVEMBER 6, 2007 CONSIDERATION OF A CITY INITIATED REZONING FROM R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT TO RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT FOR APPROXIMATELY 3.9 ACRES, LOCATED'/Z BLOCK ON EITHER SIDE OF SW 12TH AVENUE BETWEEN SW 2ND STREET AND SW 3RD STREET. ITEM BEFORE COMMISSION The item before the City Commission is consideration of aCity-initiated rezoning from R-1-A (Single Family Residential) to RM (Multiple Family Residential -Medium Density). The subject property includes 24 lots, totaling 3.9 acres, located '/2 block east and west of SW 12th Avenue, between SW 2nd Street and SW 3rd Street. This action is in concert with a Future Land Use Map (PLUM) Amendment for the property from LD (Low Density Residential 0-5 du/ac} to MD (Medium Density Residential 5-12 du/ac). The PLUM Amendment is included as part of Comprehensive Plan Amendment 2007-2 and will be considered for adoption at the next City Commission meeting. BACKGROUND In concert with a proposed private sector redevelopment initiative for Carver Estates and Auburn Trace, the developer for the project has asked the City and the CRA to provide assistance to clean up the SW 12th Avenue corridor. Given blighted conditions along the north side of this corridor, the developer is concerned about negative impacts on his redevelopment effort to the south. SW 12th Avenue is a City collector, which connects West Atlantic Avenue to SW 10th Street. While most of the existing development between West Atlantic Avenue and SW 3rd Street is in poor condition, the area between SW 2nd and SW 3rd Street presents the biggest challenge. Although this block is zoned R-1-A (Single Family Residential), 20 of the 24 lots contain nonconforming duplexes. Under the existing zoning, redevelopment of these properties is limited to single family homes, providing no incentive for redevelopment. Redevelopment of the residential area between the commercial zoning along West Atlantic Avenue and SW 2nd Street is less problematic. With RM (Multiple Family Residential - Medium Density) zoning and inclusion within the Southwest Neighborhood Overlay District, which permits up to 24 units per acre with the provision of workforce housing, this area has enough development potential to encourage redevelopment. By extending this zoning and Overlay District southward, into the. 200 block of SW 12th Avenue, redevelopment of the subject property will become much more feasible. The purpose of the proposed PLUM amendment and rezoning is to provide this incentive for redevelopment. A separate text amendment, which will expand the Southwest Neighborhood Overlay District, is also being processed as part of Comprehensive Plan Amendment 2007-2. City Commission Documentation: Meeting of November 6, 2007 Rezoning - 200 Block of SW 12~h Avenue REVIEW BY OTHERS The Community Redevelopment Agency (CRA) reviewed the proposal at its July 12, 2007 meeting and recommended approval. The Planning and Zoning Board held a public hearing regarding the rezoning on July 16, 2007. No one from the public spoke on the item. After discussion, the Board voted 4 to 0 (Glickstein, Perez-Azua and Pike absent) to recommend approval, by adopting the findings of fact and law contained in the staff report and finding that the Rezoning and approval thereof is consistent with LDR Section 2.4.5.(D)(5) (Rezoning Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and the Goals, Objectives, and Policies of the Comprehensive Plan. RECOMMENDATION By motion, approve on first reading Ordinance No. 54-07, rezoning properties located %2 block east and west of SW 12th Avenue, between SW 2nd Street and SW 3rd Street, from R-1-A (Single Family Residential) to RM (Multiple Family Residential -Medium Density), by adopting the findings of fact and law contained in the staff report and finding that the rezoning and approval thereof is consistent with LDR Section 2.4.5.(D)(5) (Rezoning Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and the Goals, Objectives, and Policies of the Comprehensive Plan. Attachments: • Ordinance No. 54-07 • Planning & Zoning Board Staff Report of July 16, 2007 2 ORDINANCE NO. 54-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT TO RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT; SAID LAND LOCATED ON THE EAST AND WEST SIDES OF SW 12TH AVENUE, BETWEEN SW 2ND STREET AND SW San STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2007"; 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 Apri12007, as being zoned R-1-A (Single Family Residential) District; and WHEREAS, at its meeting of July 16, 2007, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 4 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, 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 recitations set forth above are incorporated herein. Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of RM (Medium Density Residential) District for the following described property: Lots 13 through 24 inclusive, Block 4, Atlantic Park Gardens, as recorded in Plat Book 14, Page 56 of the Public Records of Palm Beach County, Florida; Together With: Lots 1 through 12 inclusive, Block 7, Atlantic Gardens, as recorded in Plat Book 14, 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 Section 2 hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That this ordinance shall become effective immediately upon the effective date of Ordinance No 22-07, under which official land use designation of MD (Medium Density Residential 5-12 du/ac) is affixed to the subject parcel herein described. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200_. ATTEST MAYOR City Clerk First Reading Second Reading 2 ORD NO. 54-07 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: July 16, 2007 AGENDA ITEM: III.A.(2)(i) ITEM: City initiated Future Land Use Map Amendment for Approximately 3.90 Acres, Located '/2 Block on Either Side of S.W. 12th Avenue, between S.W. 2"d Street and S.W. 31d Street, from LD (Low Density Residential, 0 - 5 Units/Acre) to MD (Medium Density Residential, 5 - 12 Units/Acre) and Associated Rezoning from R-1-A (Single Family Residential) to RM (Multiple Family Residential, Medium Density). GENERAL DATA: Owner ............................. N/A ~=~~dL~~L Applicant/Agent .............. City of Delray Beach. Location .......................... S W t 12~' Avencue~ between S~W 2"d ', g~' A T L"" T. ~ A V E N(( US~ E Street and S.W. 3~d Street. ®W.ll1 Property Size .................. 3.90 Acres. ` Future Land Use Map..... LD (Low Density Residential, 0 - 5 Units/Acre). Proposed FLUM ............. MD (Medium Density Residential, 5 - 12 Units/Acre). S.W. ,5T S, Current Zoning ............... R-1-A (Single Family Residential). n _ € Proposed Zoning.......... RM (Multiple Family Residential, ~ - f Medium Density). Adjacent Zoning....North: RM (Multiple Family Residential, Medium Density) & CF (Community S. W. 2ND 51 Facilities). East: R-1-A (Single Family Residential). 3 ~ _ South: R-1-A (Single Family Residential) & " CF (Community Facilities). West: R-1-A (Single Family Residential). Existing Land Use.......... Duplexes & Single Family 5.„,. ~D S, Residences Proposed Land Use........ Multi-Family Housing. < Water Service ................. Connection available via an existinq~ water main located within S.W. 12 DELRAY Avenue. FULL SERVICE Sewer Service ................ Connection available via an existing CENTER sw 4n1 sanitary sewer main located within S.W. 12`h Avenue. "°~,~-pR' III.A.(2)(i) IfiEM BEFORE TH'E BOARQ The action before the Board is that of making a recommendation to the City Commission on a proposed Future Land Use (PLUM) Amendment from LD (Low Density Residential 0-5 du/ac) to MD (Medium Density Residential 5-12 du/ac) and Rezoning from R-1-A (Single Family Residential) to RM (Multiple Family Residential -Medium Density). The subject property includes 24 lots, totaling 3.9 acres, located %2 block east and west of SW 12tH Avenue, between SW 2"d Street and SW 3`d Street (See attached Map). The legal description for the property is as follows: Lots 13 through 24 inclusive, Block 4, Atlantic Park Gardens, as recorded in Plat Book 14, Page 56 of the Public Records of Palm Beach County, Florida; Together With; Lots 1 through 12 inclusive, Block 7, Atlantic Gardens, as recorded in Plaf Book 14, Page 63 of fhe Public Records of Palm Beach County, Florida. 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 PLUM Amendments and Rezoning of any property within the City. BACK'GRO'UND' In concert with a proposed private sector redevelopment initiative for Carver Estates and Auburn Trace, the developer for the project has asked the City and the CRA to provide assistance to clean up the SW 12th Avenue corridor. Given blighted conditions along the north side of this corridor, the developer is concerned that this may have a negative impact on his redevelopment effort to the south. SW 12th Avenue is a City collector, which connects West Atlantic Avenue to SW 10th Street. The roadway's name changes to Auburn Avenue south of SW 3`d Street and then shifts westward to become SW 14th Avenue, south of SW $th Street. With development of the Delray Full Service Center, Village Academy School, Catherine Strong Center, the Boys and Girls Club, and the Head Start facility, the area on the west side of SW 12th Avenue, south of SW 3`d Street has become a major community service center within the city. The area north of SW 3`d Street is another matter. There have been few improvements in this area in many years. Any cleanup effort will have to deal with the rehabilitation or redevelopment of blighted properties, streetscape improvements and signage. Although the developer has agreed to undertake this task, several obstacles have been identified. While most of the existing development between West Atlantic Avenue and SW 3rd Street is in poor condition, the area between SW 2"d and SW 3rd Street presents the biggest challenge. Although this block is zoned R-1-A (Single Family Residential), 20 of the 24 lots contain nonconforming duplexes. Under the existing zoning, redevelopment of these properties is limited to single family homes. Under these conditions, there is no incentive for redevelopment. Redevelopment of the residential area between the commercial zoning along West Atlantic Avenue and SW 2"d Street is less problematic. With RM (Multiple Family Residential - Medium Density) zoning and inclusion within the Southwest Neighborhood Overlay District, which permits up to 24 units per acre with the provision of Planning and Zoning Board Staff Report -July 16, 2007 FLUM Amendment and Rezoning - SW 12th Avenue Page 2 workforce housing, this area has enough development potential to encourage redevelopment. By extending this zoning and Overlay District southward, into the 200 block of SW 12th Avenue, redevelopment of that area will become much more feasible. The purpose of the proposed FLUM amendment and rezoning is to provide an incentive for this redevelopment. A separate text amendment, which will expand the Southwest Neighborhood Overlay District, is also being processed as part of Comprehensive Plan Amendment 2007-2. FUTURE LAND USE MAP AMENDMENT ANALYSIS REQUIRED FINDINGS: LDR (Chapter 31 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 proposed FLUM amendment will assign a Future Land Use Map designation of MD (Medium Density Residential 5-12 du/ac). The proposed rezoning to RM (Multiple Family Residential -Medium Density) is consistent with this FLUM designation. 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 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 Planning and Zoning Board Staff Report -July 16, 2007 FLUM Amendment and Rezoning - SW 12th Avenue Page 3 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. As noted above, a major private sector redevelopment initiative is currently underway involving the Carver Estates and Auburn Trace Developments. This proposed multi- family residential project will include a mix of townhouse and apartment buildings with a large workforce housing component, which is a priority of the City. Since this redevelopment effort will require substantial investment and risk, the developer has requested the assistance of the City and CRA to reduce that risk by helping to improve conditions along the northern entrance to the project. The existing development along SW 12th Avenue, between SW 2"d Street and SW 3~d Street, is blighted and in need of redevelopment. However, this property is zoned for single family homes and 20 of the 24 lots contain nonconforming duplexes. Under these conditions, there is no incentive for redevelopment. The developer is willing to undertake this effort, but additional density is needed to make the project financially feasible. The proposed FLUM amendment will allow the property to be rezoned for higher density. Without these changes, it is unlikely that this area will be redeveloped, without direct investment by the City or CRA. Taking advantage of this opportunity to shift the cost to the private sector through the use of increased density as an incentive, is in the best interests of the City. With the ultimate redevelopment of the property as a goal, the proposed amendment fulfills a number of Comprehensive Plan Objectives stated below: Future Land Use Element Objective A-2: To reduce, and eventually eliminate, uses which are inconsisfent with the character of the City of Delray Beach, or which are inconsistent with predominant adjacent land uses, and to insure compatibility of future development, the following policies shall be applied. The purpose of the amendment is to facilitate the removal of the existing nonconforming blighted duplexes through private redevelopment of the property. The removal of these incompatible structures furthers this objective. Housing Element Objective A-6: For those areas identified as needing "rehabilitation" on the Residential Neighborhood Categorization Map, the City, Through its Community Improvement Department, shall provide concentrated programs of code enforcement, public investment in infrastructure, public assistance in the rehabilitation of structures, public action in the provision of replacement housing, opportunities for new private development, and special social programs all directed Toward the stabilization and revitalization of those designated areas. The subject property is identified as needing rehabilitation on the "Residential Neighborhood Categorization Map," within the Housing Element of the Comprehensive Plan. The immediate objective of the amendment to create an opportunity for the private sector to address the existing blighted conditions through redevelopment of the subject property. However, it must also be remembered, that redevelopment of this property is just one part of a much greater initiative that will have a major effect on the stabilization and revitalization of the entire neighborhood; provide much needed workforce housing; and become a catalyst for additional redevelopment. In addition to those listed above, Planning and Zoning Board Staff Report -July 16, 2007 FLUM Amendment and Rezoning - SW 12th Avenue Page 4 other Objectives and Policies that will be furthered by the proposed amendment are discussed in the Comprehensive Plan Consistency Section below. • Consistency -- The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objectives and Policies were noted: Future Land Use Element Po!!cv C-7.7: 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. 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. The subject property is located within the borders of the Southwest Area Neighborhood Redevelopment Plan, and is more specifically included within sub-area #1, "the Northwest Quadrant." This sub-area extends from I-95 to S.W. 8th Avenue, and from Atlantic Avenue to S.W. 3rd Street. Sub-area #1 is identified as "infill area," consisting of residential neighborhoods that are experiencing deterioration. The Southwest Area Neighborhood Redevelopment Plan recommends that this sub-area be redeveloped with a neighborhood serving commercial activity center along Atlantic Avenue, and a mixture of multi-family housing (apartments/townhomes), single family homes, and green spaces. The Plan also calls for strengthening the existing single family areas south of SW 2"d Street with new infill houses and neighborhood green spaces. Unfortunately, the subject property along SW 12'h Avenue is already developed in a manner not consistent with this vision. The existing development consists primarily of depilated duplexes, which are unlikely to be replaced by single family homes without major investment by the City or CRA. The proposed FLUM amendment and rezoning will expand the multi-family area southward to include this area. This will provide an incentive for the private sector to redevelop the area. Although this proposal conflicts with the specific recommendation in the plan for single family development, it is consistent with the overall vision of the Plan to revitalize and stabilize the neighborhood. After the FLUM amendment and rezoning are approved, the Southwest Area Neighborhood Redevelopment Plan will be amended Planning and Zoning Board Staff Report -July 16, 2007 FLUM Amendment and Rezoning - SW 12th Avenue Page 5 to support the change. After that occurs,. the new FLUM designation and zoning district will be consistent with Future Land Use Element Policy C-1.7. Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, Topographic and other applicable physical considerations; is complimentary to adjacent land uses; and fulfills remaining land use needs. There are no significant environmental characteristics to the subject property, which contains 24 platted lots. Four of these lots contain single family homes. The remaining 20 lots contain blighted duplexes, which are nonconforming within the existing R-1-A zoning district. Without a change in circumstances, there is little chance that the property will ever be redeveloped. However, with the proposed FLUM amendment and rezoning, the development potential of the property will be increased, thereby creating an opportunity for redevelopment. Although the surrounding residential neighborhood is blighted, it is anticipated that the private sector redevelopment of the Carver Estates and Auburn Trace developments to the south, as well as these properties, will have a positive effect on the entire area. Redevelopment of the 12~' Avenue corridor is necessary to assure the success of the Carver Estates and Auburn Trace redevelopment effort. Redevelopment of the subject properties, consistent with the proposed MD FLUM designation and RM zoning district, would consist of a combination of townhouses and apartments. This development pattern is an extension of what is currently allowed immediately to the north and further south in the Auburn Trace and Carver Estates developments. This type of development is complimentary to the existing development pattern in the neighborhood. Elimination of the depilated duplexes will have a positive effect on the surrounding area and the additional residential units will add to the customer base for the existing commercial uses along West Atlantic Avenue and aid in the redevelopment of this corridor. The proposed redevelopment will also enable the fulfillment of remaining land use needs by the provision of workforce housing. Based upon the above, a positive finding can be made with respect to Future Land Use Element Objective A-1, that the redevelopment of the subject property will be complimentary to adjacent land uses and will fulfill remaining land use needs. Future Land Use Element Objective A-7 : To encourage the provision of workforce housing in the City, the following policies shall be implemented. Policy A-7.1: The maximum densify may be increased within the Medium Density, General Commercial and Transifional Future Land Use designations through the Workforce Housing "Density Bonus Program': The concept is that for every workforce housing unit that a developer builds, a calculated number of market rate units greater than would be allowed otherwise maybe built. Housing Element Objective B-1: The City's existing housing supply accommodates households having a wide range of economic ability. There is very little vacant land left, especially large tracts, for new housing development. Through its housing programs, the City shall work to ensure that there continues to be an adequate supply of housing to accommodate very low, low, and moderate income households, as well as manufacfured and mobile homes. Planning and Zoning Board Staff Report -July 16, 2007 FLUM Amendment and Rezoning - SW 12th Avenue Page 6 Housing Element Objective B-2 : Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate fhe diverse makeup of the City's demographic profile, and meet the housing needs identified in Phis Element. The proposed FLUM amendment and rezoning will further these policies by allowing the Southwest Neighborhood Overlay District to be expanded into this area. This expansion will create an opportunity for additional workforce housing units to be constructed within the City. Based on the above, a positive finding can be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive. • concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. As noted earlier, in addition to the proposed FLUM amendment and associated rezoning, a separate text amendment for the subject property is also being processed as part of Comprehensive Plan Amendment 2007-2. The purpose of the text amendment is to include this area within the Southwest Neighborhood Overlay District, which permits a maximum density of 24 units per acre, subject to the provision of workforce housing. Since the text amendment will be reviewed as a separate issue, the proposed FLUM amendment and rezoning will be evaluated independently with regard to concurrency issues. Therefore, for the purpose of this report, it is assumed that highest intensity possible under the requested MD designation will be multi-family residential development at a maximum density of 12 units per acre. It is also important to note that although this analysis will be based on a comparison of the maximum development potential under the existing and proposed FLUM designations, existing development on the property currently exceeds that allowed under the existing FLUM designation. Of the 24 lots within the subject area, only four are conforming single family homes. The remaining twenty lots are developed as duplexes. Overall, the area currently contains a total of 44 residential units, representing a density of 11.28 units per acre. A comparison of the maximum development potential for existing and proposed FLUM designations is summarized in the following table: Table 1: Existing and Proposed Maximum Residential Development Potential SW 12`h Avenue EXISTING PROPOSED FLUM Maximum Development Potential FLUM Maximum Development Potential acres acres LD Multiple Family Development MD Multiple Family Development (3.9 acres) 19 units (5 units per acre max) (3.9 acres) 46 units (12 units per acre max) As shown in the table, the proposed MD FLUM designation would allow a maximum of 46 units (3.9 acre X 12 u/a = 46), which represents an increased residential development potential of 27 units over that currently allowed under the existing LD FLUM designation (3.9 acre X 5 u/a = 19). A discussion of the impacts associated with Planning and Zoning Board Staff Report -July 16, 2007 FLUM Amendment and Rezoning - SW 12~' Avenue Page 7 this increase in the maximum residential development potential for this area is given below: Water & Sewer: Water treatment is provided by the City of Delray Beach at the Water Treatment Plant. The geographic service area coincides with the Planning Area plus service provided to the Town of Gulf Stream through contract as a bulk customer. The service area encompasses approximately 18 square miles. The treatment plant was constructed in 1972, with a programmed life of 50 years (2022). The City's Water Treatment System has a raw water pumping capacity of 22.4 million gallons per day and water treatment plant capacity of 28 million gallons per day. The City's consumptive use permit currently limits the annual withdraw to 6.937 billion gallons which equates to an average of 19 mgd. Current demand averages 17.1 mgd or 257 gallons per day per capita. In 2010, the consumptive use permit will expire, and withdrawal will be limited to an average of 15.9 mgd. With a 2010 projected demand of 19 mgd, measures are being taken to make up the shortfall through conservation and the use of reclaimed water for irrigation. Through these measures, the City estimates that it has adequate capacity to meet its demand through the year 2015. A capacity study will be prepared in FY06/07 to update the capacity analysis for the City system and provide alternatives to deal with increased demand after 2015. The adopted LOS standard for the City's Wastewater Treatment System is a 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 amendment will not impact the level of service standard for these facilities. Drainage: 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. Planning and Zoning Board Staff Report -July 16, 2007 FLUM Amendment and Rezoning - SW 12th Avenue Page 8 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 or swale retention areas. 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 City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards."The LOS standard for open space and recreation in the city is 3 acres per 1,000 residents. The amount of land currently provided in activity based recreation facilities, the municipal beaches, and the two public golf courses, establishes an existing level of service of 7.5 acres per 1,000 residents, far exceeding the general guideline. A park impact fee is collected to offset any impacts that new development 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. Education (School Concurrencyl: School concurrency is addressed with all proposals for residential development. Although a formal determination by the school board has not been made, the additional 27 unit potential with this amendment will not represent a concurrency problem. In any event, all future development proposals will be required to meet concurrency prior to approval. Solid Waste: As shown in the following table, the FLUM amendment will result in a maximum potential impact of 23.92 tons per year-an increase of 14.04 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 17, 2007, 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 2: Existing and Proposed Maximum Development Potential Solid Waste Generation SW 12th Avenue Existing Maximum Development Potential Proposed Maximum Development Potential 19 Multi-Family Units @ .52 tons/year = 9.88 tons/year 46 Multi-Family Units @ .52 tons/year = 23.92 tons/year Planning and Zoning Board Staff Report -July 16, 2007 FLUM Amendment and Rezoning - SW 12th Avenue Page 9 Traffic: As shown on the following table, the potential traffic associated with an additional 27 multi-family units is 189 ADT (7 trips per unit). The Southwest Neighborhood Area lies within the eastern half of the City, and is located within the Coastal Residential Exception Area. As stated in Article 12 of Palm Beach County's Unified Land Development Code, Traffic Performance Standards, "The Coastal Residential exception to the LOS requirements of this Article promotes urban infill and deters urban sprawl. It also promotes redevelopment. It provides closer proximity of residential uses to commercial uses and employment bases, thereby reducing the impact on the overall Major Thoroughfare system, pollution, the use of fossil fuels and other resources, and the travel time and needs of the public."This exception from traffic concurrency applies to both residential projects and the residential portion of mixed-use projects east of I-95. It is noted, however, that traffic studies for new development are required during the Site Plan Approval process and impacts to local roadways are identified and mitigated at that time. Table 3: Trip Generation Comparison SW 12th Avenue Existing Maximum Residential Development Potential Proposed'Maximum Residential Development Potential 19 Multi-Family Units @ 7 ADT = 133 ADT 46 Multi-Family Units @ 7 ADT = 322 ADT Based on the above analysis, 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. The proposed FLUM designation is compatible with the surrounding neighborhood, which consist primarily of single family homes, duplexes and multiple family buildings. Community service facilities to the south include the Delray Full Service Center, Village Academy School, Catherine Strong Center, the Boys and Girls Club, and the Head Start facility. Together, these facilities make up the what is termed the Village Center in the Southwest Area Neighborhood Redevelopment Plan. The area to the north is zoned for higher intensity residential development, so any redevelopment of that area will be consistent with the subject property. 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. Planning and Zoning Board Staff Report -July 16, 2007 FLUM Amendment and Rezoning - SW 12'h Avenue Page 10 ZONING ANALYSIS 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 Consistencyl: 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: (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. 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, there are development regulations currently in place to mitigate any potential impacts with adjacent properties. The following zoning designations and uses directly border the property: Planning and Zoning Board Staff Report -July 16, 2007 FLUM Amendment and Rezoning - SW 12'h Avenue Page 11 Table 4: Zoning and Use of Adjacent Property SW 12~h Avenue Zoning Designation: Use: North RM and CF Delray Beach Community Land Trust Office & Du lex South R-1-A and CF Delray Full Service Center & Single Famil Homes East R-1-A Sin le Famil Homes West R-1-A Single Family Homes, Duplexes & Ebenezer Ba tist Church Section 2.4.5(D)(5) (Rezoning 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; 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 appropriate reasons for the proposed rezoning are "b" and "c": based on the following: The proposed rezoning is necessary to facilitate redevelopment of the subject properties. An opportunity currently exist for apublic/private initiative to revitalize and stabilize the area. The SW 12th Avenue corridor is the northern entrance to the Carver Estates and Auburn Trace developments. These projects are part of a private sector redevelopment initiative that will have a major impact on the entire neighborhood. To protect his investment, the developer has indicated his willingness to undertake the redevelopment of the northern part of the corridor. However, the existing zoning on the subject property makes redevelopment of that block financially infeasible. The City's role in this overall redevelopment initiative is to provide the private sector with the necessary tools to accomplish the redevelopment. This opportunity is a change in circumstances. In order to take advantage of it, rezoning of the subject properties is appropriate. As noted earlier in this report, a Comprehensive Plan FLUM Amendment is being processed concurrently with this rezoning and the proposed RM zoning is more appropriate under the proposed MD 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 applicationlrequest. Planning and Zoning Board Staff Report -July 16, 2007 FLUM Amendment and Rezoning - SW 12th Avenue Page 12 No formal land development application has been received for the subject property. Any proposed development will need to comply with the Land Development Regulations. REV[EW BY OTHERS Community Redevelopment Agency (CRA) The CRA considered this request at its July 12, 2007 meeting. The Board recommended approval. 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. Courtesy Notices: Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLU,SIQN The FLUM designation and zoning classification for the subject property are being amended to facilitate redevelopment of the area. 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. 'ALTERNATIV"E ACTIONS A. Continue with direction. B. Recommend to the City Commission approval of FLUM Amendment and Rezoning, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent 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), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and the Goals, Objectives, and Policies of the Comprehensive Plan. Planning and Zoning Board Staff Report -July 16, 2007 FLUM Amendment and Rezoning - SW 12th Avenue Page 13 C. Recommend to the City Commission denial of the FLUM Amendment and Rezoning by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent 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), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions) and the Goals, Objective, and Policies of the Comprehensive Plan. RECOM''MENDED ACTION Recommend to the City Commission approval of the proposed Future Land Use (FLUM) Amendment from LD (Low Density Residential 0-5 du/ac) to MD (Medium Density Residential 5-12 du/ac) and Rezoning from R-1-A (Single Family Residential) to RM (Multiple Family Residential -Medium Density), by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent 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), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and the Goals, Objectives, and Policies of the Comprehensive Plan. Attachments: • Proposed Future Land Use Map • Proposed Rezoning Map s:lplanning & zoninglboardslp&z boardlsouthwest 12th avenue flumamend&rezoning.doc A T L A N T I C • _ ~ __ < < ~ l II: II !. ~~~ CF O~ CF .w ~. AU9URN CIRCLE NORTH AUBVRN DR. z m CF A V E N U E N PROPOSED FUTURE LAND USE MAP AMENDMENT ~_ SOUTHWEST NEIGHBORHOOD AREA (SW 12TH AVENUE) qTY OF DELRAY BEAgi, FL ZONING DEPARTMENT PLANNING E PROPOSED FUTURE LAND USE MAP AMENDMENT: MD (MEDIUM DENSITY) c -- OlClTAL &ISE MAP SYSTEM -- MAP REF: LM1020 N.W. 1ST Sr C CF ~~~m ATLANTIC BD AVENUE ~`~ a a ayi ~•~ a 5. W. 1ST ST. m a '^ 0 m ~ n ~ 3 IN S. W. 2ND sr. ~ ~ s..2o a 3 3 3 N ; v vi vi = m 3 3 3 S. N vi '^ 3 N N S. W. 3RD S®® N S. W. 3R0 CT. .w. 3RO cr. s.w. any sT. CF s.w. tiTM sT. ~ ~ ~ ~ < a AUBURN CIRCLE NORTH r '~ ~ a ~ RM ~ ~ J y n 2 CF 3 3 3 U ~P e VI VI s.w. srH sr. AUBURN DR. ~ ~ ~\1 "~~ mSR OSR 3 3 tip a < N N ui 0J pJ -- DIGITAL BASE MAP SYSTEM -- MAP REF: LM1020 N PROPOSED REZONING ~~ SOUTHWEST NEIGHBORHOOD AREA (SW 12TH AVENUE} qTY OF DEIRAY BEACH, FL ZONING DEPARTMENT PROPOSED REZONING TO: RM (MULTIPLE FAMILY RESIDENTIAL, MEDIUM DENSITY) PLANNING do ~K CITY COMMISSION CITY OF DELRAY BEACH, FLORIDA REGULAR MEETING -TUESDAY, NOVEMBER 6, 2007 6:00 P.M. -COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEMS: 7. PRESENTATIONS: E. Resolution No. 66-07 recognizing the Delray Beach Police Department for their first ever reaccreditation from the Commission for Florida Law Enforcement Accreditation, Inc. ******************************************************************************** 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. RESOLUTION NO. 66-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING THE DELRAY BEACH POLICE DEPARTMENT FOR RECENING THEIR FIRST EVER REACCREDITATION FROM THE COMMISSION FOR FLORIDA LAW ENFORCEMENT ACCREDITATION, INC. WHEREAS, the Delray Beach Police Department received an on-site inspection and has met the required standards to become reaccredited by the Commission for Florida Law Enforcement Accreditation, Inc.; and WHEREAS, the Dekay Beach Police Department's reaccredited status, by unanimous vote, became official as of October 31, 2007, and will remain in effect for a period of three years; and WHEREAS, the Dekay Beach Police Department was commended fox their continued diligence, professionalism, and commitment in maintaining this highest recognition among Florida's law enforcement community; and WHEREAS, this reaccreditation exemplifies how professional organizations work together toward their goals while fulfilling their mission. NOW, THEREFORE, BE IT RESOLVED 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 hereby recognizes and commends the Delray Beach Police Department for their continuous pursuit of excellence. Section 2. That the City Commission of the City of Delray Beach hereby congratulates and expresses sincere appreciation to all members of the Delray Beach Police Department for a job well done. PASSED AND ADOPTED in regular session on this the 6`~ day of November, 2007. MAYOR ATTEST: City Clerk 7E Commission for Florida Law Enforcement Accreditation, Inc. 3504 Lake Lynda Drive, Suite 380 -Orlando, FL 32817 (800) 558-0218 ~ (407} 8~)7-2828 ~ Fax (407) 275-4174 October 3l, ?007 Chief Joseph L. Schroeder Delray Beach Police Department 300 W. Atlantic Avenue Delray Beach, Florida 33444 Dear Chief Schroeder: Congratulations! ~'4~c arc pleased to inform you that the Delray Beach Police Department has met the required standards to become rcaccredited by the Commission for Florida Law Enforcement Accreditation. ti'our rcaccredited status is oflicial as of this date, October 31, and will remain in effect for a period of three years. Compliance «•ith any future standards approved by the Commission that may be applicable to your department is part of maintaining your rcaccredited status. 1'ou and your agency are to he commended for your continued diligence, professionalism, an[I COmnlltmCnl In i11a1ntalmIlg tlllS 111gheSt rcco~nlilOn alllong Florida's law enforcement community. y We look forward to working with you and your agency in your continuous pursuit of excellence. On behalf of the Commission, we e~tcnd our thanks for your participation and congratulations on a lob well clone'. Silice~e , / ~ ~ cg ~ nt Cxecutivc Director ~~ ,/ Charles Rinehart Chair ~wtvw. flaccrcd i to tion.org (~(o - C77 ~. DELRAY BEACH POLICE DEPARTMENT MEMORANDUM TO: All Personnel FROM: Chief Joseph ~. Schroeder DATE: November 1, 2007 SUBJECT: C.F.A. ACCREDITATION Accreditation Manager Maria Marino-Bollan and I attended the Commission of Florida Accreditation (C.F.A.) Quarterly Meeting in Maitland, Florida, for the purpose of representing the Police Department before the Commission as they reviewed the report from our on-site inspection. I am extremely pleased to report that the only questions from the Commission were how were we able to do such great work. By a unanimous vote, the Delray Beach Police Department received our first ever Reaccreditation. I want to thank everyone for their hard work and support of the accreditation process. Being accredited is not a once every three year process but an everyday process. It is how professional organizations work toward their goals while fulfilling their missions. Everyone played a role in our reaccreditation, and everyone should take pride in our accomplishment. Attached is a copy of the letter from the Commission. JLS/ppt /~ /wS . Attachment ~~ cc: City Commissioners City Manager Harden Serving with P.R.1.D.E. p^„"^~. .~ CITY COMMISSION CITY OF DELRAY BEACH, FLORIDA REGULAR MEETING -TUESDAY, NOVEMBER 6, 2007 6:00 P.M. -COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM: 9. REGULAR AGENDA L. GUARANTEED MAXIMUM PRICE (GMP)/SEACREST SOCCER COMPLEX/WEITZ COMPANY: Provide direction and approval regarding the Guaranteed Maximum Price (GMP) in the amount of $2,999,723.00 to the Weitz Company for the construction activities associated with the Seacrest Soccer Complex Project. Funding is available from 380-4150-572-63.49 (2004 G.O. Bond). Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. MEMORANDUM TO: `MAYOR AND CITY COMMISSIONERS FROM: TRACIE M. LUTCHMANSINGH, P.E. ASST. CITY ENGINEER THROUGH: CITY MANAGER ~~~ DATE: NOVEMBER 2, 2007 SUBJECT: AGENDA ITEM # -REGULAR MEETING OF NOVEMBER b, 2007 SEACREST SOCCER COMPLEX {PROJECT NO.2004-051) PRESENTATION OF GUARANTEED MAXIMUM PRICE (GMP) ITEM BEFORE COMMISSION This agenda item requests Commission to review and provide direction and approval of the Guaranteed Maximum Price (GMP} for construction activities associated with Seacrest Soccer Complex, project 2004-051, formerly called Atlantic Soccer Complex. Detailed costs are itemized in the GMP proposal submitted by The Weitz Company (copy attached). BACKGROUND The City passed a $24 million Parks Bond Program to finance improvements to the City's parks, library and Old School Square. Kirnley-Horn and Associates was issued the work authorization to prepare constntction documents for the improvements approved for the Seacrest Soccer Complex at the former Atlantic High School site on Seacrest Boulevard. Improvements include new sports lighting, landscaping, concession ! restroom building, and reconstructed athletic field. The Weitz Company was approved on Juty 24'~ 2007 by City Commission to provide preconstruction and construction services pursuant to guaranteed contract price. The proposed GMP cost is $2,999,723.00. FUNDING SOURCE Funding is available from Account # 380-4150-572-63.49, 2004 G.O. Bond. RECOMMENDATION Staff recommends approval Enc Cc Caroline Kucmerowski CMT (originals) City Clerk Agenda File November 6, 2007 S:1EngAdminlProjects~20(}412004-05110FF1CIAL1Agenda memo 2087-1 t-06 Weitz CiMP.doc 9.~ BUILD IN GOOD COMPANY. October 31, 2007 Mr. Randal L. Krejcarek, P.E. City Engineer City of Delray Beach 434 S. Swinton Avenue Delray Beach, Florida 33444 Re: Delray Seacrest Soccer Complex CDB #2004-051; KHA #044300008; TWC #F106802 Dear Randal: As a follow-up to several value analysis meetings & discussions, The Weitz Company submits our revised GMP proposal. The basis of our proposal still incorporates Kimley- Horn & Associates; West Palm Beach and Walters-Zackria Associates; Ft Lauderdale prepared project specifications & drawings dated July 31, 2007 and Tierra, Inc. geotechnical report dated December 6, 2006. In accordance with the level of detail contained in the project documents, certain clarifications & value analysis options have been made. These are outlined behind Tab #'s 2 & 3. The total project cost is Two Million Nine Hundred Ninety-Nine Thousand Seven Hundred Twenty- Three Dollars ($2,999,723.00). The GMP project value is based on a six (6) month work schedule (183 calendar days) & on receiving a "Notice to Proceed" no later than November 7, 2007, allowing for the December 6, 2007 mobilization date. Any delay will be subject to further cost review. The Weitz Company appreciates the opportunity to provide our Construction Management services. Sincerely, The Weitz Company /(• Josd R. Rivera, Jr., CGC, LEE AP Preconstruction Manager cc: Tracie M. lutchmansingh, P.E.; City of Delray Beach Michael Carey, Kimley- Hom & Associates Abbas H. Zackria, Walters•Zackria Associates HONESTY AND INTEGRITY • RESPECT FOR PEOPLE • PERFORMANCE WITH ABSOLUTE RELIABILITY • LONG-TERM PERSPECTIVE • NURTURING PERSONAL GROWTH Bu~~D ~N GOOD COMPANY_ Contents Delray Seacrest Soccer Complex (aka Atlantic Soccer Complex) 100%CD GMP -Final CDB #2004-051; KHA #044300008; TWC #F106802 October 31, 2007 SECTION 1: Estimate Summary (Revises) SECTION 2: Allowances Value Analysis (Revises) SECTION 3: Clarifications (Revises) SECTION 4: Buylist (Revises) SECTION 5: Preconstruction Schedule (Revisea> SECTION 6: Logistics SECTION 7: Contract Documents SECTION 8: Cash Flow (Revises) 2007 10 31 Contents DSSC Final Page 1 of 1 BU'L° '"' Estimate Summary GOOD COMPANY. Delray Seacrest Soccer Complex (aka Atlantic Soccer Complex) 100%CD GMP -Final CDB #2004-051; KHA #044300008; TWC #F106802 October 31, 2007 Line No. Bid Ticket trade Descriptrwn 1t1~`i6Cb GMP (09121107) "Fi~'i'oCD ~~~ ~ (10131/07) Comrtierrts 1 01A Construction Management $ 296,719 $ 296,719 2 01C General Conditions $ 78,491 $ 78,491 3 02A Demolition $ 51,138 $ 51,138 4 04A Masonry $ 8,486 $ 8,486 5 05A Structural Steel /Misc. Metals $ 9,922 $ 9,922 6 09K Painting $ 4,133 $ 4,133 7 10A Specialties $ 7,500 $ 7,500 8 13C Modular Building Manufacturer $ 482,731 $ 482,731 $314.64/SF w/Indirect Costs 9 26A Electrical $ 824,649 $ 824,649 10 31A Earthwork $ 187,452 $ 187,452 11 32A Pavin , Curbin & Si na e $ 106,082 $ 106,082 12 32C Site Improvements /Furnishings $ 14,666 $ 14,666 13 32D Landscape & Irri ation $ 760,649 $ 760,649 14 32E Fencing $ 39,923 $ 39,923 15 33A Site Utilities $ 285,743 $ 285,743 16 SUBTOTAL $ 3,158,281 S 3,158,281 17 Permits By Owner 18 Preconstruction Services Separate Agreement 19 General Liability Insurance 1.025% $ 35,765 $ 35,765 20 Warranty Services 0.250% $ 8,723 $ 8,723 21 Builders Risk Insurance 0.675% $ 23,553 $ 23,553 22 Performance & Payment Bond 1.000% $ 34,893 $ 34,893 23 Tax Savings (Allowance) -1.000% $ (34,893) $ (34,893) 24 Escalation 0.000% $ - $ - 25 Contractor Contingency 3.000% $ 96,790 $ 96,790 26 Construction Fee 5.000% $ 166,156 $ 166,156 ~7 TOTA~'PCT S 3,489,267 S 3,489,267 2$ TOTAL D~1CliiCT' ~~) $ - $ (488,544 29 REVISED GMP (VA) $ 3,489,267 $ 2,999,723 2007 10 31 BidMstr DSSC Final page 1 of 1 Bu~~o ~N GOOD COMPANY_ Allowances Delray Seacrest Soccer Complex (aka Atlantic Soccer Complex) 100%CD GMP CDB #2004-051; KHA #044300008; TWC #F106802 September 21, 2007 > o Description 100%CD GMP' Acttori 8 Comments 00 General -- - .01 - _- Video Allowance See C$I_-Div #26) __ __ - -_ _ Spec Section #01020;_ 1.04 "Contingenc Allowance" .02 Utility Allowance (See CSI Di_v_#33) - - _ _ Sec Section #01020; 1.04 "Conlin en Allowance" - .03 Unforseen Conditions Allowance (See CSI Div #31) ___.__ Sec Section_ #01020; 1.04 "Contingency Allowance" Subtotal $ - 10 _ allies .01 Flagpole (L~hted) __ __ $ 7500 _ .02 - .03 - -- - Subtotal $ 7 500 26 Electrical .01 Video Allowance (Includes_Proiection Screens; Spec #1.1132 $ 10 000 Sec Section #01020 "Allowance" .02 .03 Subtotal 10 000 31 Earthwork .01 Unforseen Conditions Allowance $ 25 000 Sec Section #01020 "Allowance" .02 .03 Subtotal 25 000 32 Exterior im merits .01 Bi cle Rack $ 500 .02 Qualified Tree Sur eon Services $ 7 500 Dw #SN-01 • Notes #11 & #14 .03 Fence Groundin $ 4 500 ': Dw #C-9 Subtotal 12 500 33 Utllkies .01 Utili Allowance $ 25 000 Sec Section #01020 "Allowance" .02 .03 TQTAL DUCT COSTS S $0,000 M~ckMed in G11APValue 2007 09 21 Allow DSSC page 1 of 1 ® lautw Ln GOOD COMPANY_ Delray Seacrest Soccer Complex (aka Atlantic Soccer Complex) 100%CD GMP -Final CDB #2004-051; KHA #044300006; TWC #F106802 llMntwr 31 ~nm Value Analysis 3 OnerlPtlon .. Opportrmltles Accepted . Project GMP Proposal (9I21I07J $ 3,489,267 $ 3,489,267 OtA .01 Construction PowerB Water Consum lion $ 11508 $ 11508 B Owner O cretin Bud et 02 Subtotal $ 11508 $ 11508 02A Demolition --- .01 Existin 8' Fence to Remain _ $ 4 151 S 4 151 _ 02 I Subtotal $ 4,151 $ 4151 BOA S Tattles _ :01_ _ Eliminate Flagpole¢ighted)_ ___ ___. _- $ __ 7,500 $ 7,500 _._ _ - -_ .02 Subtotal S 7 500 $ 7 500 13C Modular Bulidin Manufeeturar .01 Add Securi Grilles at Concession TBD Defer As Chan a Order .02 Engineering (By AIEl $ 7,650 $ 7 650 .03 , ___ Eliminate Gutters 8 Downs outs S 3,250 .04 Add Grease Tra Allowance $ 8 130 $ 2 500 OFCI 05 Subtotal $ 2 770 $ 5 150 28A EMctrleal .01 Utilize THHN conductors in lieu of XHHW e $ 10 000 $ 10000 Pendin q/E A rove! .02 _ Eliminate S~orls Lighting _ _ __ $ _L02,837 __ _ _ _ .03A Eliminate Video Allowance $ 10 000 .038 Reduce Video Allowance From $10K to $2K $ 8 000 $ 8 000 .04A Altemate S its L' htin Qualite ILO Musco - 25 Vear $ 14,148 .046 Altemate 5 orts L' htin Qual6e ILO Musco - 10-Year $ 64,146 $ 64,146 10-Year Warren ILO 25-Year __ ; OS__ Altemate Sports Lighting (Fixed_Field Location - Musco $ ___. 200,533 _ _ .O6 Altemate S orts Li htin Fixed Field Location -Qualite No Bid Pendin A/E A rove! 07 Subtotal $ 909,662 S 82 146 3'IA Earthwork .01 Eliminate Unforeseen Conditions Allowance $ 25,000 $ 25 000 WOh Weitz Contingency _ ____ _ _ _ _ A2 __ ___ Subtotal S 25 000 S 25 000 32A Pavl Corbin b SI na e .01 Utilize Pavers in lieu of Stam ed Colored Concrete $ 12 800 .02 in lieu of Stamped Colored Concrete _. Utilize Grey Concrete $ 19,200 $ 19 200 - __ 03 , Subtotal $ 32,000 $ 19 200 32C Sae Im rovemsnts f Fumishin a .01 Eliminate Bike Rack Allowance $ 500 $ 500 02 Subtotal $ 500 $ 500 32D Landses dIM anon .01 80/20 To soil /Aloha Pas alum Sod PJE Alt. $ 134 735 .02 4-112" To soil I Celebration Bermuda Sod ST #1 $ 131 555 .03 3" Com ost wlExistin /Celebration Sod ST #2 $ 227 570 Weitz' Ori final VA O lion .04 80/20 To soil / Celebration S ri s 5T #3 $ 182 096 Added 2 Months to Schedule .05 _ 80!20 Topsoil. / Paspalum Sprigs _ __ $ 142,523 Added 2 Months to Schedule _ _ _ ___ .O6 80/20 To soil /Celebration Sod ST #4 $ 192 456 $ 192 456 .07 Eliminate Landsca in 8 Imi anon at East Pro a Line $ 5 304 $ 5 304 Weitz Estimate OB Subtotal S 1 016 240 $ 197 760 32E Feneing .01 Existin 8' Fence to Remain $ 11,860 $ 11 860 _ 02A Eliminate Grpunding for Fence. _._ $ 4,500 $ 4 500 .028 Reduce Groundin for Fence TBD Need Clarification from A/E 03 Subtotal $ 16,360 $ 16360 33A Ska UUlkks .01 Eliminate UG Rooi Leaders $ 32,700 $ 32,700 Also Eliminate Gutters!Spouts .02 ____ Eliminate Booster Pum $ 27 000 .03 Eliminate Util' Allowance $ 25 000 $ 25 000 04 bt I 84 700 57 7 0 - TOTAL. DIREC°f COS S (126,97 ~ - -_T -erlni. s.. ----- - - _. -_ ___ -. wnt:.r. _. rt r __- - -- - _ _ 1 n I I in ~M r l _-. I Contracto7~Qntioaencv _ - t TOTAL DEDUCT (VA) E - S (489,544) [:oat ReducUonchanges ~ M oomiderad and era4ubd bytM Owner arW Arehthet. The Cordractor makes rro repnaerttatlons regardkq Slra ptrrormanot. toeeptaDglgr, knpaU on other wok or. arts of lM Lott rathtoflen ohMgta. The tOwntr and ArcN4ot wliF conduct t taM ImxHgatlon of each cost reduedon tfiYnge prior to grek 1MM sooeptatrn. K open NrAler Mroldefftion, any of ndudon changes an fourrdto Lw urrworluDN or unaeeep7alNt 1br-toy reason, any chan(pis to reJaese or modtry t wst reduetlon efratge wal t» oonsldarW • change to tM work and • dttngt order ipwd for any resuMng ehartpe M tna eat of tM work ar tliew~teduN. The design cost to Implement, reveeae a modify acct »daedon changes is not the CoMracMM1 napatllfrlNgr. zao7_to_a>_vAOat._OSSC Final pBQ° t °t t Bu~~D ~N GOOD COMPANY. Clarifications Delray Seacrest Soccer Complex (aka Atlantic Soccer Complex) 100%CD GMP -Final CDB #2004-051; KHA #044300008; TWC #F106802 October 31, 2007 The Weitz Company GAUP proposal is based on iGmley-Horn & Associates; West Palm Beach and Walters-Zackria Associates; Ft Lauderdale prepared project specifications & drawings dated July 31, 2007& received July 31, 2007 and Tierra, Inc. geotechnical report dated December 6, 2006 & received August 2, 2007. Unless otherwise already speafically noted, any/all changes having cost impact will be presented to Owner for approval. Division 01 -General Requirements 1. Contract agreements contained in Construction Manager At Risk Services agreement dated August 2, 2007 prevail & supersede any other requirements that may be contained in project drawings and/or specifications. 2. Project GMP based on subcontractor selection representing best value in understanding the scope of work requirements 8~ may not necessarily represent lowest bidder. 3. Project GMP based on NTP release no later than November 7, 2007. 4. Project GMP based on Building Permit release no later than December 4, 2007. 5. Project GMP based on mobilization no later than December 6, 2007. 6. Project GMP based on estimates that may have used electronic digital measuring devices; basis of proposal is that drawings are accurately drawn to scale. 7. Project duration is scheduled for six (6) months; 183 calendar days. 8. Project schedule per attached 10!31/07 "data date" schedule. 9. Project schedule includes ten (10) working days for inclement weather delays. 10. Project schedule includes six (6) working days for Contractor holiday period. 11. Project schedule based on Contractor ability to maintain unlimited access to project site. 12. Work to be performed Monday thru Friday; 7:OOAM to 3:30PM; after-hours; weekend and/or holiday work excluded. 13. Project GMP includes RFI #'s 1 & 6; RFl #'s 2 thru 5; 7 & 8 excluded. 14. CM's review is made in the CM's capacity as a CM & not as a licensed design professional. CM is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, & rules or regulations. If applicable, design errors or omissions noted by the CM shall be reported promptly to the Architect. 15. Builders Risk (BR) Insurance plus insurance deductibles have not been included in the GMP & are to be paid by Owner. 16. Contractor gap insurance coverage pending Owner's BR insurance policy review. 17. Permits (Environmental, Building, DOT, FAA, etc.) excluded. 18. Construction Waste Management Plan excluded. 19. CAD format drawings (if applicable) to be provided to CM at no cost for subcontractor shop drawings & as-builts. 20. Wildlife preservation, special easement agreements or other accessibility issues with neighboring property owners or governing agencies excluded. 21. Contractor contingency (3%) of all construction costs included. Project contingency is allocated for total project and may be distributed as deemed necessary by the CM. Subtotals for individual phases are for illustrations purposes only and does not constitute limitations. 22. Tax Savings presented as "allowance". Actual savings TBD after direct purchase orders issued. 23. See Buylist (Tab #4). Qivision 02 -Demolition/Abatement 1. Abatement/removal of any/all hazardous and/or unsuitable materials, including but not limited to contaminated soils; rocks!boulders; buried fuel tanks are not anticipated & thereby excluded. 2. Abatement/removal of any/all hazardous and/or unsuitable materials, including but not limited to asbestos or lead are not anticipated & thereby excluded. 3. Demolition/removal of existing structures included. 4. City of Miramar reference in Specification 02830, Part 1.01 C not applicable. 5. School District ID Badging reference in Specification 02830, Part 3.01 not applicable. 2007 10 31 Clarif DSSC Final Page 1 of 3 Bu~~D ~N GOOD COMPANY. Clarifications Delray Seacrest Soccer Complex (aka Atlantic Soccer Complex) 100%CD GMP -Final CDB #2004-051; KHA #044300008; TWC #F106802 October 31, 2007 Division 02 -Demolition/Abatement (cont'd) 6. Existing Musco Sport Lighting poles removed to 24" below grade. 7. Existing underground irrigation system (complete) to be abandoned in place. 8. See Buylist (Tab #4). Divisio 1. Divisio 1. Divisio 1. Divisio n 03 -Concrete See Buylist (Tab #4). n 04 -Masonry See Buylist (Tab #4). n OS -Metals See Buylist (Tab #4). n O6 -Wood. Plastics ~ Composites 1. See Buylist (Tab #4). Divisio n 07 -Thermal 8 Moisture Protection 1. See Buylist (Tab #4). Divisio n 08 - U~enings 1. See Buylist (Tab #4). Divisio 1. n 09 -Finishes See Buylist (Tab #4). Divisio n 10 - Specialties 1. See Buylist (Tab #4). Divisio n 11 - Equipment 1. See Buylist (Tab #4). Divisio n 12 -Furnishings 1. See Buylist (Tab #4). Divisio 1. n 13 -Special Construction See Buylist (Tab #4). Divisio n 14 -Conveying Equipment Not Applicable Divisio n 21 -Fire Suppression 1. See Buylist (Tab #4). Divisio n 22 -Plumbing 1. See Buylist (Tab #4). Divisi on 23 - HVAC 1. See Buylist (Tab #4). 2007 10 31 Clarif DSSC Final Page 2 of 3 Bu~~D ~N GOOD COMPANY_ Clarifications Delray Seacrest Soccer Complex (aka Atlantic Soccer Complex) 100%CD GMP -Final CDB #2004-051; KHA #044300008; TWC #F106802 October 31, 2007 Division 26 -Electrical 1. Existing lightning detection system to be relocated. 2. Sports lighting to be perimeter lighting with poles @ 110" mounting height. 3. See Buylist (Tab #4). Division 31 -Earthwork 1. Aggregate material subject to market availability; scheduling/cost impact will require cost review. 2. Scope of work based geotechnical report included as Specification #02010; assumptions excluded. 3. Offsite work limited to underground utility taps & associated tasks along the DeCarie Street located directly to north of project site. Any/all other off site work excluded. 4. Excavated materials presumed to be suitable for backfill. 5. Temporary road materials to remain on site. 6. Turbidity barriers (at outfalls only) included. 7. Dewatering not anticipated; excluded. 8. Demucking not anticipated; excluded. Division 32 -Exterior Improvements 1. Aggregate material subject to market availability; scheduling/cost impact will require cost review. 2. Modular Building Manufacturer (MBM) is by Royal Concrete Concepts; West Palm Beach. 3. Athletic Field Turf to be per ACCEPTED Value Analysis (80/20 Topsoil /Celebration Sod) 4. Common Area Sod to be St. Augustine Floratam (Spec #02920;2.01 A) 5. Renovation/modification/upgrade to existing irrigation system servicing athletic field (football/track) excluded. 6. Fence grounding N/A (Per Accepted VA). 7. Landscape and/or Walkway lighting excluded. 8. Testing of concrete & soils excluded. 9. See Buylist (Tab #4). Division 33 -Utilities 1. Scope of work based on civil project documents dated July 2007; assumptions excluded. 2. Excavated materials considered to be suitable for backfill. 3. Existing FPL power line poles & transmission cabling relocation; shoring; safeing excluded. 4. Permanent Utilities: utility connection & meter deposits/fees (power; phone; water; sewage) excluded. 5. Primary electrical service "transformer' FPL Furnished FPL Installed. 6. Primary electrical service concrete encased conduits excluded. 7. Primary electrical service "conduits & transformer pad" FPL Furnished Contractor Installed. 8. Primary phone/data service "conduits' Contractor Furnished Contractor Installed. 9. Primary phone/data service "wiring" Bellsouth Furnished Bellsouth Installed. 10. Existing structures considered suitable to accommodate proposed influent & effluent piping. 11. New FPL Service Fees excluded. 12. New Bellsouth Service Fees excluded. 13. Televising underground utilities excluded. 14. See Buylist (Tab #4). 2007 10 31 Clarif DSSC Final Page 3 of 3 Bu~~D ~N GOOD COMPANY. Delray Seacrest Soccer Complex (aka Atlantic Soccer Complex) 100%CD GMP -Final CDB #2004-051; KHA #044300008; TWC #F106802 October 31, 2007 Buylist Owner Contractor m - Description -a _ a ~ 7 LL m as a C a t .` ~ 3 V- m m H ~ Commer>ts 1 Division 01 -General Requirements 2 Builders Risk Insurance X - - Per CDBITL Email; 10/26/07 3 Builders Risk Claim Deductible X - - - $500K or 5% of project value, whichever is greater 4 DIC Insurance - X - Contractor Gap Coverage (Pending BR Review) 5 Fees -Impact X - - 6 Fees -Utility Relocation X - - Power; Phone/Data; Water; Sewage, etc. 7 Fees -Utility Temporary Holding/Support X - - Power; Phone/Data; Water; Sewage, etc. 8 Fees -Meter Deposits X - - - Power; Phone/Data; Water; Sewage, etc. 9 Fees -Permanent Utility Connection X - - Power; Phone/Data; Water; Sewage, etc. 10 Fees -Permits (AII) X , - - 11 Owner/Tenant FF&E Unloading, Hoisting & Storage JC - - - 12 Owner's Staff Jobsite Office Trailer ~ - - NIA 13 Permit -Building X .' - - CM Coordinates w/ Architect 14 Permit -Environmental (DERM; COE; SFWMD; SWA) X - - 15 Permit -Right-of-Way and/or Easements X - - 16 Permit -FAA Height Notice (Flight Path) - - NIA 17 Permit -DOT - - NIA 18 Services -Aerial Photos X - 19 Services -Architectural Design ~. -X - - 20 Services -CAD Drawings (Shop Dwgs & As-Builts) . X - - 21 Services -Civil Engineering Design X - - 22 Services -Geotechnical/Subsurface Exploration X, - - 23 Services -Interior Design Planning & Procurement - - N/A 24 Services -Landscaping/Irrigation Design X ' - - 25 Services -MEP Engineering Design X - - 26 Services -Fire Protection Engineering Design X - - - 27 Services -Special Inspection X - - 28 Services -Specialty Consultants X - - 29 Services -Structural Engineering X :' - - 30 Services -Field Testing (Products/Materials/Systems) X - - CM Coordinates w/ Architect 31 Services -Threshold Building Inspection <:X - - 32 Survey -Basic Horizontal & Vertical Control Points X,;- - - 33 Survey -Boundary & Topographical ~ X - - 34 Survey -Contaminated Soils X - - 35 Survey -Hazardous Materials X - - 36 Survey -Geotechnical/Soils X - - - 37 Survey -Parking Variation X -; - - 38 Survey -Traffic Engineering ~ - - 39 40 Division 02 -Demolition/Abatement 41 Asbestos/Hazardous Materials Abatemenl/Removal - - N/A (None expected) 42 Demolition/Removal of Existing Structures X X 43 Contaminated/Unsuitable Soils AbatemenURemoval - - N/A (None expected) 44 Offsite Roadway/Sidewalk - - NIA (None expected) 45 Removal/Relocation of Existing Trees - - NIA (None expected) 46 Site Remediation - - NIA (None expected) 2007_10_31_BuyList_DSSC_Final page 1 of 5 eu~~D ~N GOOD COMPANY. Delray Seacrest Soccer Complex (aka Atlantic Soccer Complex) 100%CD GMP -Final CDB #2004-051; KHA #044300008; TWC #F106802 October 31, 2007 Buylist Owner Contractor m desct9Pt#on n t p ~ ~ {L ~ m ~ « C ~ ~ L y .~ 3 LL m ~ r C Commetrts 47 Division 03 -Concrete 48 Modular Building X X By MBM 49 Site X X 50 51 Division 04 -Masonry 52 Dumpster Enclosure w/ Stl Frame Gate (AI. Panel) X X 53 Modular Building X X By MBM 54 55 Division OS -Metals 56 Modular Building X X By MBM 57 Site ~: X X 58 59 Division 06 -Wood, Plastic 8 Composites 60 Blocking/Backing X X By MBM 61 Millwork/Casework X X By MBM 62 Modular Building X X By MBM 63 T-111 Siding X X By MBM 64 65 Division 07 -Thermal & Moisture Protection 66 Fire Treated Wood Trusses X X By MBM 67 Modular Building X X By MBM 68 Standing Metal Seam Roof X X By MBM 69 70 Division 08 -Openings 71 Decorative Aluminum Bahama Shutter - - N/A 72 Door Hardware/Locking Devices X X By MBM 73 Exhausts Vents X X By MBM 74 Impact Rated Louvers X X By MBM 75 Impact Rated Roll-Up Metal Counter Shutter X X By MBM 76 Impact Rated Roll-Up Metal Door Shutter X X By MBM 77 Modular Building X X By MBM 78 79 Division 09 -Finishes 80 Acoustical Ceiling . Y `. :: - X X By MBM 81 Linoleum Flooring X X By MBM 82 Modular Building ,-y,: X X By MBM 83 Porcelain Tile - X X By MBM 84 Quartz Epoxy Flooring X X By MBM 85 86 Division 10 -Specialties 87 Fla pole Li hted ' - - NIA 88 Flags 8 Banners ~+1~"< X - - 89 Interior Smoking/Ash Receptacles x - - 90 Interior Trash Receptacles X - - 91 Aluminum Display Case w/Sliding Safety Glass X X By MBM 2007_10_31_BuyList_DSSC_Final page 2 of 5 Bu~~D ~N GOOD COMPANY. Delray Seacrest Soccer Complex (aka Atlantic Soccer Complex) 100%CD GMP -Final CDB #2004-051; KHA #044300008; TWC #F106802 October 31, 2007 Buylist Ownsv Contractor m Descriptiat r q 7 V_ m ~ ~ ~ t y .3 ~ m C Comtlr-ertts 92 Aluminum Gutters w/ Downspouts (RWL) - - X X By MBM 93 Fire Extinguisher (4) X X By MBM 94 Fire Extinguisher Cabinets/Brackets X X By MBM 95 HD Adjustable Wire Shelves w/Brackets (5) X X By MBM 96 Knox Box X - X 97 Signage -Building X X By MBM 98 Signage -Building Directory X X By MBM 99 Signage -Exterior X X By MBM 100 Signage -Interior X X By MBM 101 Signage -Monumental - - N/A 102 Awnings - - N/A 103 Bollards - - N/A 104 Chalk/MarkerlTack Boards - - N/A 105 Movable/Operable Partitions - - N/A 106 TV WaII Mounted Brackets - - N/A 107 Visual Display Boards - - N/A 108 Wood/Metal Locker "Locking" Hardware - - N/A 109 Wood/Metal Lockers - - N/A 110 111 Division 11 -Equipment 112 Mail Handling Equipment/Mailbox :X- X - - 113 Office Equipment X „X - - ' 114 Solid Waste Handling 8 Dumpster Equipment X X - - 115 Restroom Accessories (RE: Detail #4/A1.03) X X By MBM 116 Kitchen Equipment X X - - Equipment Schedule (Detail #3/A1.03) 117 Appliances X X - - Equipment Schedule (Detail #3/A1.03) 116 Loading Dock Equipment - - NIA 119 Material Handling Equipment - - N/A 120 Material Storage Equipment - - NIA 121 122 Division 12 - Furnishings 123 Entry Rugs & Mats .X._; X - - 124 Window Tint/Shading . X - - 125 Window Treatment & Hardware ... X X - - 126 Artwork - - - NIA 127 Exterior Canopies/Awnings - - NIA 128 Furniture (Chairs; Tables; Carts; Benches) - - N/A 129 Interior Plants 8 Planters - - N/A 130 Systems Furniture - - N/A 131 Tapestry & Fabrics - - N/A 132 133 Division 13 -Special Construction 134 Compacted FiIIITermite Treated X X By MBM 135 Modular Building - X X By MBM 136 2007_10_31_BuyList_DSSC_Final page 3 of 5 Bu~~D ~N GOOD COMPANY. Delray Seacrest Soccer Complex (aka Atlantic Soccer Complex) 100%CD GMP -Final CDB #2004-051; KHA #044300008; TWC #F106802 October 31, 2007 Buylist dwner Contractor ~ bescription z _p LL ® ~ y+ ~ t H! V_ d ~ Comments 137 Division 14 -Conveying Equipment - - - NIA 138 139 Division 21 -Fire Suppression - - NIA 140 141 Division 22 -Plumbing 142 Modular Building X X By MBM 143 Greasetrap X - - X Per CDB/KHA Email; 10/26/07 144 Site X X 145 146 Division 23 - HVAC 147 Exhaust Fans X X By MBM 148 LouversNents/Grills X X By MBM 149 Modular Building X X By MBM 150 Split System AC X X By MBM 151 152 Division 26 -Electrical 153 Site Lighting X X 154 Sports Lighting - X X Perimeter Poles @ 110' Mounting Height 155 Video Equipment System - - NIA 156 Electric Golf Cart Charging Cords w/ Brackets (RE: A1.01) X X By MBM 157 Fire Alarm Equipment System X X By MBM 158 Lightning Detection System X ~ - - X Relocate Existing 159 Modular Building X X By MBM 160 Retractable Power Cord Reels (2) (RE: A1.01) ~ X X By MBM 161 Phone/Data Equipment 8 System Wiring/Trim Plates X. X - - MBM Provides Conduit, J-Box 8 Pullstring 162 CATV Equipment System - - - N/A 163 Lightning Protection - - N/A 164 Muzak Equipment System - - NIA 165 Paging Equipment System - - NIA 166 Security Equipment System -,r, - - NIA 167 Voice Intercom Equipment System - - NIA 168 i.. :,,-: 169 Division 31 -Earthwork 170 Parking Lot Seaicoating X X 171 Roadway/Parking Marking/Signage X X 172 Stamped Colored Concrete - - NIA (VA-Grey Concrete Slab) 173 Utility Locate Service X X 174 175 Division 32 -Exterior Improvements 176 Bicycle Rack - - - N/A 177 6' Security Fence w/Vinyl Coated Components & Fabric - - N/A (VA-Existing Remains As-Is) 178 Fence Grounding -New/Existing Fencing - - N/A (Per Accepted VA) 179 Automatic Irrigation Controller ~ - X 180 Concrete Wheel Stops X X 181 Exterior Smoking/Ash Receptacles ~ X X - - 2007_10_31_BuyList_DSSC_Final page 4 of 5 Bu~~D ~N GOOD COMPANY. Delray Seacrest Soccer Complex (aka Atlantic Soccer Complex) 100%CD GMP -Final CDB #2004-051; KHA #044300008; TWC #F106802 October 31, 2007 Buylist Owner Contractor m Description 'o r~ 7 LL a L ~ 'a t m c °. 3 C LL Commer>ts 182 Hoover Irrigation Pumps (1) _ _ X X Does not include any work on pump servicing existing athletic field 183 Landscape/Irrigation X X Per ACCEPTED Value Analysis 184 Sod -Aloha Seashore Paspalum - - N/A (80120 Topsoil 1 Celebration Sod) 185 Testing of Soils _ 7C X - - 186 Clean & Prune Existing Vegetation (Dwg #SN-01; Note #14) - - NIA 187 Qualified Tree Surgeon Services (Dwg #SN-01; Note #11) - - NIA 188 Hi-Lo Electric Water Cooler (Bldg Ext/ADA Compliant) X X By MBM 189 Bench wl Trash Can (5) X X RE: Dwg C-10 190 Non-Cooled Water Fountain (2) X X RE: Dwg C-10 191 Park Bench -Plastic (5) X X RE: Dwg C-10 192 Bus Stop Shelter - - NIA 193 Onsite Roadwa Stripin & Si na e X X 194 Offsite Roadwa Stripin & Si na e - - NIA 195 Offsite Roadwa Traffic Si nalin - - NIA 196 197 Division 33 -Utilities 198 Modular Building X X By MBM 199 Primary Electrical Power Service; Conduits 8 Connections; Transformer & Pad ~ X - - CM Coordinates Service Point Connections 200 Primary Phone/Data Service; Conduits & Connections X X - - CM Coordinates Service Point Connections 201 Primary Potable Water Service X X CM Coordinates Service Point Connections 202 Primary Sanitary Sewer Service X X CM Coordinates Service Point Connections 203 Primary Stormwater Service X X 204 Underground Stormwater Service (Concession Bldg Rainwater) - - NIA 205 Lift Station - - NIA 206 Primary CATV Service; Conduits t£ Connections - - NIA 207 Prima Natural Gas Service NIA 2007_10_31_BuyList_DSSC_Final page 5 of 5 I ;r I I a ~' u° at E v°~~ v ~X s~$ H D 2 Y p U F F F F F O U, ^ U Y D U O U D U O U F F F F O U F O U p U 2 Y S Y p V p U Y U Y Y Y Y Y Y ~ F F F ~ F F F F F F F; F F F F D ~ a o a A a a a a o ~ a 0 ¢ a 0. 0 ¢ 0 a 0 a 0 a 0 6 0 a 0 a 0 Q 0 a 0 ~ Q 0 a 0 ¢ 0 a 0 ~ ~ o a a o a `~ ~ o v 0 °o 0 °° o ° p O o '° a ° a o ro 0 ° 0 o 0 o 0 ~ 0 i° 0 M 0 ° 0 e ° m o m p ~ O m o o 0 N 0 in 0 'n o r m o o O1 0 0 a ~ ~ N ~ a c aa ~~ a , a , ~ , ~, ~ a ~ e e ° ; ° ~ o ~ ~ , o ~ a g ,, c, - a f a a a ~ ~ o ~ „ o ~ a a o o, ~ a ~ ~ o o~ a o a ~ a ~ ~ a ~ ~ o 0 0 0, " `O." o `S 0 0 0 0 0 0 ° ~ ~ o ', o~, o O' a ¢ a ¢ a C ¢ a ¢ a a ¢ o o O Q a ¢ a a' a ¢ ~ ~ a ~ o 0 O 0 0 0 0 O ~~ I 0 0 ° ~ 0 0 ~ y 0y 0 N pa ~ ~. 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Delray Seacrest Soccer Complex (aka Atlantic Soccer Complex) 100%CD GMP CDB #2004-051; KHA #044300008; TWC #F106802 September 21, 2007 The Weitr Company logistics plan is a work in progress that is subject to update throughout the preconstructlon & construction process. Scope of Work Demolish/haul-away debris from existing basketball courts & baseball fields as may be required for the construction of two (2) new Professional Soccer Fields & one (1) new Junior Soccer Field plus installation/construction of supporting site utilities, sports lighting, landscaping/irrigation, sod (Aloha Seashore Paspalum), parking/roadway restoration; roadway marking/signage, water fountains, trash receptacles, park bench, site fencing, herring bone pattern stamped concrete plaza, concrete sidewalks, CMU wall enclosed dumpster pad with metal gates & spread footing foundation to support prefabricated 1-story concession/restroom concrete modular building structure (by others). Hours of Operation • Work hours will be 7:OOAM to 3:30PM; Monday thru Friday. • Weitz staff will follow all rules & regulations with regard to hours of operation. Site Safety & Security • The Weitz Company places extreme emphasis on safety & makes it the first & most important priority on all projects. 2007 09_21_Logistics_DSSC Page 1 of 2 BUILD IN LOgIStICS GOOD COMPANY. Delray Seacrest Soccer Complex (aka Atlantic Soccer Complex) 100%CD GMP CDB #2004-051; KHA #044300008; TWC #F106802 September 21, 2007 • Weitr employs a Regional Safety Director who will initiate a safety plan with all parties accessing the site prior to actual construction commencement. ^ FPL overhead power lines along Decries Street (northern property boundary) will be properly identified & monitored during all site equipment operations. • Proper signage for safety will be posted as per OSHA regulations & all personnel working on the site will be required to wear & use all safety equipment for protection. • Site inspections will be made to ensure OSHA regulations & procedures are followed. Weitz Experience Modifier Rating (EMR} is considerably below the industry average at .69. ^ Site security will be maintained with asix-foot high chain link fence with screening for dust control. Fences with dust screening, barricades & walkways may be removed or relocated at strategic times during the life of the project. Site Access, Traffic Control & Parking • Project access will be off Gulfstream Blvd (SE 36~" Ave) onto Webb Avenue through the construction road located @ NE corner project site. Closest main intersections are US Hwy #1 & Gulfstream Blvd (along NE) &Seacrest Blvd (NE god Ave) & Gulfstream Blvd (along NW). • Signage will direct all parties to our Construction trailers so as to control all deliveries & guests entering the site. • Worker parking will be maintained on site. Power & Utility Hookup • Weitz will provide temporary power for construction & construction trailers. Coordination of water will be done with the utility authority. Permanent & temporary power to the building will be coordinated with FP&L & electrical subcontractor according to the approved electrical drawings. Contractor & Subcontractor Trailers Contractor trailers will be located near the project site entrance. Temporary subcontractor trailers will be staged on site by discipline & will be removed upon completion of their work. • Construction signage will be used at strategic locations to alert all construction workers & staff as to expectations during construction with regard to traffic, safety & security. As may be required, Weitz onsite staff will utilize flagmen to control construction & regular traffic flow. Equipment & Material Staging ^ Equipment staging during construction will include crane and/or lull utilized during erection of the building structure & excavating equipment for installation of site utilities. • Materials will be stored onsite until ready to be incorporated into the building. Site Cleanup & Maintenance • In order to maintain the proper image & to assure a safe site, Weitr will ensure the site is clean & organized at all times. 200'7_09_21_Logistics_DSSC Page 2 of 2 Bu~~D ~N GOOD COMPANY. Contract Documents Delray Seacrest Soccer Complex (aka Atlantic Soccer Complex) 100%CD GMP CDB #2004-051; KHA #044300008; TWC #F106802 September 21, 2007 General C-1 Cover Sheet July 2007 0 Civil C-2 Demolition Plan July 2007 0 C-3 Overall Site Plan and Horizontal Control Plan July 2007 0 C-4 Overall Paving Grading and Drainage Plan July 2007 0 C-5 Overall Utility Plan July 2007 0 C-6 Enlarged Drop-Off Building Area Plan July 2007 0 C-7 Grassing Plan July 2007 0 C-8 Stormwater Pollution Prevention Plan July 2007 0 C-9 Construction Details July 2007 0 C-10 Construction Details July 2007 0 C-11 Construction Details July 2007 0 C-12 Construction Details July 2007 0 C-13 Construction Details July 2007 0 C-14 City of Delray Beach Standard Details - - - 0 C-15 City of Delray Beach Standard Details - - - 0 C-16 City of Delray Beach Standard Details - - - 0 C-17 City of Delray Beach Standard Details - - - 0 1 of 1 Boundary and Topographic Survey 3-02-06 0 t:andscalse LS-01 Landscape Plan July 2007 0 LS-02 Landscape Plan July 2007 0 LS-03 Landscape Details and Plant Schedule July 2007 0 li't'igation IR-01 Irrigation Plan July 2007 0 IR-02 Irrigation Plan July 2007 0 IR-03 Irrigation Details & General Notes July 2007 0 Arcititecttara l ._ A0.00 Index Notes July 2007 0 A0.01 Code Data & Life Safety Plans July 2007 12/4/06 1 Al .01 Floor Plan July 2007 12/4/06 1 Al .02 Reflected Ceiling Plans July 2007 12/4/06 1 Al .03 Enlarged Plans July 2007 0 A2.01 Exterior Elevation July 2007 0 Delray Soccer Exhibit B page 1 of 3 Bu~~D ~N GOOD COMPANY_ Contract Documents Delray Seacrest Soccer Complex (aka Atlantic Soccer Complex) 100%CD GMP CDB #2004-051; KHA #044300008; TWC #F106802 September 21, 2007 - ~ Architectural (cont'd) A2.02 Elevation Key Notes July 2007 0 A2.03 Colored Elevation July 2007 0 A3.01 Building Sections July 2007 0 A3.02 Section Details & Sect Details July 2007 0 A5.01 Roof Plans July 2007 0 A7.01 Interior Elevations July 2007 0 A7.01 Interior Elevations July 2007 0 A7.02 Interior Elevations July 2007 0 A8.01 Finish Schedule & Legend July 2007 0 A8.02 Wall Types and Fire Rating Details July 2007 0 A9.01 Opening Schedules Elev & Details July 2007 0 SN-01 Standard Notes July 2007 0 A7.02 Interior Elevations July 2007 0 A8.01 Finish Schedule & Legend July 2007 0 A8.02 Wall Types and Fire Rating Details July 2007 0 A9.01 Opening Schedules Elev & Details July 2007 0 SN-01 Standard Notes July 2007 0 Mechanical M-1 Mechanical Plan, Notes & Schedule July 2007 0 Plumbing P-1 Plumbing Plan, Specifications & Notes July 2007 0 Electrical E-1 Electrical Specifications July 2007 0 E-2 Electrical Plan July 2007 0 t~eclrli~al SE-1 Electrical Notes Symbols and Abbreviations Dec 2006 0 SE-2 Site Electrical Demolition Plan Dec 2006 0 SE-3 Proposed Electrical Site Plan Dec 2006 0 SE-4 Riser Diagram Dec 2006 0 SE-5 Control Diagram Dec 2006 0 SE-6 Concession Restroom Building Electrical Room Dec 2006 0 SPH-1 30 Foot Candle Photometric Site Plan July 2007 0 5fvctural S-1 Foundation Plan June 2007 0 S-2 Foundation Plan June 2007 0 Delray Soccer Exhibit B page 2 of 3 Iav~~D ~N GOOD COMPANY_ Contract Documents Delray Seacrest Soccer Complex (aka Atlantic Soccer Complex) 100%CD GMP CDB #2004-051; KHA #044300008; TWC #F106802 September 21, 2007 - - -~ Structural (cont'd) S-3 Framing Plan June 2007 0 S-4 Structural Details June 2007 0 S-5 Structural Notes June 2007 0 Spectffcations . CSI Divisions 01; 02; 03; 05; 06; 16 July 2007 0 Geotechnical Soil Test Boring Spec Section #02010 July 2007 0 Delray Soccer Exhibit B page 3 of 3 w 0 m rn m a A~ W Q _ O <O U ~ 7 ~ L O r ~ d O i. ~ N V ~ r (n M N ~+ i -o ~ L O N c wV a.'+' c ~ V V ~+ `s y O L r ` H O ~ U AL W 3 0 c0 U T r c o v N U N I d X i W ~ O O O O O O O O O O O O O O O O O O O O O I~ Cp tf) ~' M N ~ ER 69 d4 d4 Ef3 d9 b9 0 0 N W 0 0 0 N O O Qf r {O O O Of 0 v 0 0 M 0 O t0 N O O r O O t~0 r N r ti 0 f6 C I U D 3~ 0 L y U I i o~ ~~ 0 0 N Date: 2 November 2007 AGENDA ITEM NUMBER: I AGENDA REQUEST Request to be placed on: Consent Agenda --,._X_Regular Agenda -Workshop Agenda -Special Agenda When: 06 November 2007 Description of Agenda Item (who, what, where, how much): This agez-da item requests Commission to review and provide direction and approval of the Guaranteed Maximum Price (GMP} for construction activities associated with Seacrest Soccer Complex, project 2004-0S1, formerly called Atlantic Soccer Complex. Detailed costs are itemized in the GMP proposal submitted by The Weitz Company. The proposed GMP cast is $2,999,723.00 and funding is available from account # 380-4150-572-b3.49. Recommendation: Staff recommends abbroval ..-. Department Head Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required an all items involving expenditure of funds): .~' Funding Availabl Yes No Initials ~ ~ vex Account Number # 380-4150-572-63.49 Description Account Balance: L~ ~ ~h ice' ~ I SF~-iI- ~'F~pi`n Funding Alternatives: ~ r~ r; a ~~~--~ : ~ C9 Fi9Nn (if applicable) City Manager Review: Approved for Agenda../ J No Initials: t Hold Until: Agenda Coordinator Review: Received: 5:\EngAdmin\Projects\2004\2004-05I\OFFiCTAL\Agenda request 2007.11.06 Weitz GMP.doc pity of ~~lray ~¢a~h ~ommi~~ion I~I~~tin~ t~ov~mb~r G, 2~~7 Alta ~on~rQ~~ LDR Section 4.7.9(c)(i) c. The developer shall endeavor #o provide workffln~ bousir~g oni#s that include uni# #ypes in the same proportion as the rnarke# rate hosing gnat types. The following conditions must be met: i. The proportion of 9 bedroom workforce units #o to#al workforce snits may not exceed the proportion of 7 bedroom rnarke# rate units #o total market rate units. [Added b~- Amd. Ord. 2-t~7 ?J2dJlD7] LDR Section 6.1.2(C)(3)(a) (3) Pavinu Widths: (a) Minimums: The following are the- minimum paving widths whicl3 are required for the category of street oralley- ~Aand. Ord.. '12-~~ ~~~~lgg~ CATEGORY MiNIhIIUM laA~lil~iiG W1flTi~S Arterial Street 24 Feet Collector Street 2~1 Feet Local Streets 24 Feet Mar final Access Street 24 Feet Access Roadwa 24 Feet Alleys Amd. Ord, '12-99 76 Fee# 3!16199 LDR Section 2.4.7(B)(5) (5) Findings: Prior to granting a waiver, the granting body shall rnaiie findings that the granting of the waiver. (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does no# result in the grant of a special priai~lege in tha# the same waiver would be gran#ed under srmiiar circumstances on other property fior another applicant or owner. LDR Section 6.1.2(C)(3)(a} which requires the minimum paving width for a street to be 24'. We are requesting a waiver to reduce the paving width from 24' to 20'. Hammock Reserve Colony Palms Atlantic Palms Heritage Club Bexley Park Highland Grove Estates Legacy at Sherwood Forest Old Palm Grove Village Square Gramercy Square Banyan Village 4 ~ ~~ z~' ~~° Z on~ ~ ~ C ~ ' e ~e n ~ ~ x~ ~~aY`i m Z7oZ61 ~¢~i~~ ~ I