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11-20-07 Agenda RegCity of Delray Beach Regular Commission Meeting ~,, z- RULES FOR PUBLIC PARTICIPATION 1. PUBLIC CON1N[ENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings Tuesday. November 20, 2007 and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or Regular Meeting 6:00 p.m. presiding officer has discretion to adjust the amount of time allocated. Public Heatinge 7:00 p.m. Commission Chambers A. Public Hearings: Any citizen is entitled to speak on items under this Delray Beach Ciry 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. Regulaz 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 stazt 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 aze 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. ADDRESSINO THE CON[N[ISSION: 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 remazks 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 PROCEDURE3 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 prepazes such record. 100 NW 1st Avenue Dekay Beach, Florida 33444 The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to pazdcipate 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 fox the City 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. 5. APPROVAL OF MINUTES: • November 13, 2007 -Workshop Meeting G. PROCLAMATIONS: A. NONE 7. PRESENTATIONS: A. Florida Department of Transportation (FDOT) Project Engineer Eiseman and Russo on the progress of SR A-1-A RRR Project B. Government Finance Officers Association -Certificate of Achievement for Excellence. in Financial Reporting 8. CONSENT AGENDA: City Manager Recommends Approval. A. ACCEPTANCE OF A RIGHT-OF-WAY DEED/SIDEWALK EASEMENT AND SIDEWALK DEFERRAL REQUEST/1015 NASSAU STREET: Approve and accept aright-of--way deed fora 5.6 foot right-of--way, a 5 foot sidewalk easement and a sidewalk deferral request for 101 S Nassau Street, located within the Nassau Street Historic District. B. PALM BEACH COUNTY EMERGENCY MEDICAL SERVICES GRANT: Approve and accept the Palm Beach County Emergency Medical Services (EMS) Grant in the amount of $46,340.000 from the EMS County Grant Award; and authorize staff to submit a letter of confirmation to the Palm Beach County Division of Emergency Management to officially accept the grant award and the State and County giant requirements. C. AGREEMENT/GULFSTREAM GOODWILL INDUSTRIES: Approve an agreement between the City and Gulfstream Goodwill Industries for funding and acceptance of funds in the amount of $70,730.00 to provide services to ex-offenders returning to tazgeted neighborhoods within the City of Dekay Beach. 11-20-2007 -2- D. POLICE AND FIRE COMMUNICATIONS AGREEMENT/TOWN OF GULF STREAM. FLORIDA: Approve a Police and Fire Communications Agreement between the City and the Town of Gulf Stream, Florida in the amount of $42,970.00 per year for the use of the Delray Beach Police Department's police and fire dispatching and communications services. E. AGREEMENT/PENN CREDIT CORPORATION: Approve an agreement between the City and Penn Credit Corporation to provide professional collection services for delinquent parking rickets. Penn Credit Corporation's fee will be eighteen percent (18%) of the collections. F. FIRST AMENDMENT/INTERCONNECT AGREEMENT/PALM BEACH COUNTY: Approve an Amendment to the Interconnect Agreement between the City and Palm Beach County that provides for an extra interconnect at Ferndale Drive and Military Trail; revises the fees for water charges; and revises the remedies each party shall have against the other party. G. AMENDMENT NO. 1/INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/CLEAN AND SAFE PROGRAM: Approve Amendment No. 1 to the Interlocal Agreement between the City and the Community Redevelopment Agency (CRA), which modifies the language in Paragraph Four (4) to change the date by which the City shall provide a quarterly report to the CRA Execurive Director to no later than ten (10) days after the end of each quarter. H. AMENDMENT NO. 1/INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/CONSTRUCTION/PROFESSIONAL SERVICES: Approve Amendment No. 1 to the Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) for funding construction/professional services for FY 2007/2008, to include the S.W. 12`" Avenue/Auburn Avenue Beautification Project. I. AMENDMENT NO. 1/LEASE AGREEMENT FOR BOY SCOUT HUT/PIONEER BOYS ASSOCIATION. INC.: Approve Amendment No. 1 to the Lease Agreement between the City and the Pioneer Boys Association, Inc., providing that the leased area only encompasses the azea directly under the Boy Scout Hut, and that the scouts shall only be required to provide "participants insurance" as obtained through the National Boy Scouts of America. J. AMENDMENT NO. 2 TO THE BID AWARD/HATCHER CONSTRUCTION AND DEVELOPMENT. INC./133 N.W. 5TH AVENUE: Approve Amendment No. 2 to the bid award between the City, Community Redevelopment Agency (CRA) and Hatcher Development and Construction to provide for exterior improvements at 133 N.W. 5°i Avenue. K. WAIVER OF BID IRREGULARITY/Li5 N.W. 5TH AVENUE: Approve a request to waive an irregularity in the bid process fox 135 N.W. 5°i Avenue, in which an error was identified in the bid documents previously submitted by Stuart and Shelby Development. 11-za2007 -3- BID AWARD/STUART AND SHELBY DEVELOPMENT: Approve a bid award to Stuart and Shelby Development in the amount of $554,323.00 for the rehabilitation of 135 N.W. 5's Avenue. Funding is available from 118-1930- 554-49.19 (Community Development Fund/Housing Rehabilitation). L. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Approve one (1) Housing Rehabihtation grant/contract awazd through the Community Development Division in the amount of $36,524.25 to South Florida Construction Services. Funding is available from 118-1924-554-49.19 (State Housing Initiatives Partnership (SHIP) Program/Housing Rehabilitation). M. SUB-RECIPIENT AGREEMENT/COMMUNITY LAND TRUST, INC. jCLTk Approve aSub-Recipient Agreement between the City and the Community Land Trust, Inc. (CLT) for the purposes of subsidizing the costs associated with affordable housing units and management of affordable rental properties with the CLT. N. UPDATE THE NEIGHBORHOOD SERVICES PROGRAM DESCRIPTION MANUAL: Approve an update to the Neighborhood Services Division Program Description Manual, which specifies the standard operating procedures for Federal, State and Local programs administered under the Deparanent of Community Improvement, Neighborhood Services Division. O. ~LCHROACHMENT AGREEMENT/FENCE INSTALLATION AGREEMENT/ROYAL ATLANTIC/BOB FEDERSPIEL GARAGE: Approve an agreement between the City and Ocean City Place, LLC providing that the City is released from any claan regarding any issue pertauilng to the encroachment of chemical grout located adjacent to the north face of the Bob Federspiel Garage building; and approve a fence installation agreement allowing Royal Atlantic to install at its own cost a louvered fence on the top floor of the Bob Federspiel Garage Building. P. RESOLUTION NO. 67-07: Approve and adopt Resolution No. 67-07 establishing a Green Task Force. Q. SPECIAL EVENT REQUEST/FIRST NIGHT 2008: Approve a special event request to endorse the 10's Annual Fitst Night 2008 event on December 31, 2007 from 4:00 p.m. to midnight, granting a temporary use permit per LDR Section 2.4.6(F~ for the use and street closures of City rights-of--way and facilities as requested, to authorize staff support for security and traffic control, signage construction and installation, barricade set-up/removal, trash removal and clean up, EMS services, and use/set-up of the new City stage as needed at no charge. R. SERVICE AUTHORIZATION NO. O1-32/AVIROM & ASSOCIATES. INC.: Approve Service Authorization No. 01-32 in the amount of $16,956.00 to Avirom & Associates, Inc. for the survey on Homewood Boulevazd from the south right-of--way of Atlantic Avenue to the south right-of--way of Lowson Boulevard. Funding is available from 334-3162-541-68.46 (General Construction Fund/Homewood Bikepaths). 11-20-2007 _4_ S. ACTUARIAL SERVICES/GABRIEL ROEDER SMITH AND COMPANY lGRS1: Consider approval of a four (4) yeaz contract with Gabriel Roeder Smith & Company (GRS) in the amount of $29,000.00 for actuarial services relating to GASB 45 Other Post Employment Benefits (OPEB). Funding is available from 551-1571-591- 34.90 (Business Insurance Fund/Other Contractual Services). T. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period November 5, 2007 through November 16, 2007. U. AWARD OF BIDS AND CONTRACTS: 1. Purchase awazd to Duval Ford in the amount of $24,055.00 via the Florida Sheriffs Association Contract #07-15-0827, Specification #1 for the purchase of one (1) 2008 Ford Crown Victoria Police Interceptor with options and warranty for the Police Department. Funding is available from 501-3312-591- 64.20 (Central Garage Fund/Automotive). 2. Contract awazd to Industrial Divers Corporation in the amount of $69,192.00 for the purchase and installation of Tide Flex Check Valves of various sizes at eight (8) storm water outfall locations in the Intracoastal Waterway. Funding is available from 448-5416-538-46.90 (Stormwatex Utility Fund/Other Repair/Maintenance Costs). 3. Contract awazd to BG Group LLC in the amount of $801,436.00 for the demolition of Carver Estates. Funding is available from 118-1961-554-47.10 (Community Development Fund/Printing & Binding Service). 9. REGULAR AGENDA: A. AGREEMENT/DELRAY BEACH HISTORICAL SOCIETY. INC.: Consider approval of an agreement between the City and the Delray Beach Historical Society, Inc. for funding in an amount not to exceed $175,000.00 fox the Hunt House Rehabilitation and Construction of an Archival Storage Facility. B. TENNIS CENTER CONSULTING AGREEMENT/ICD SPORTS GROUP. IN Consider approval of a consulting agreement with JCD Sports Group, Inc. in the amount of $125,071.20 for the period of December 1, 2007 through November 30, 2012. Funding is available from 001-4210-575-34.90 (Tennis Center Special Events/Other Contractual Services). C. DISCUSSION/2008 ANNUAL TOWN HALL MEETING: Provide direction regarding the schedule for the 2008 Annual Town Hall Meeting. D. SETTLEMENT OFFER IN ANNA CHANDLER v. CITY OF DELRAY BEACH ET AL: Consider a Settlement Offer in the total amount of $200,000.00 in Anna Chandler v. City of Delray Beach, et al. Staff recommends denial of this settlement offer. 11-2x2007 -s- 0 E. SETTLEMENT OFFER IN WILLIAM LANAGAN v. CITY OF DELRAY BEACH ET AL: Consider a Settlement Offer in the total amount of $lOQ,000.00 in William Lanagan v. City of Delray Beach, et al. Staff recommends denial of this settlement offer. F. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint one (1) regular member to the Downtown Development Authority (DDA) to serve an unexpired term ending July 1, 2008. Based upon the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1). G. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) regular member from Zone 1 to the Neighborhood Advisory Council to serve an unexpired term ending October 31, 2008. Based upon the rotation system, the appointment will be made by Commissioner McDuffie (Seat #3). 10. PUBLIC HEARINGS: A. ORDINANCE NO. 46-07 (SECOND READING/SECOND PUBLIC HEARING).; 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 squaze feet of medical offices to be located at the southwest corner of Linton Boulevazd and Old Germantown Road (4600 Linton Boulevard). (Quasi Judicial Heating) (A Request was received to postpone this item) B. ORDINANCE NO. 52-07: Consideration of a rezoning from R-1-A (Single Family Residential) to CF (Community Facilities) for 345 N.W. 5`" Avenue to accommodate offices associated with the Achievement Centers for Children and Families, located at 555 N.W. 4`" Street. C. ORDINANCE NO. 31-07 (SECOND READING/SECOND PUBLIC HEARINGI: 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 Stmctures", to include an additional property that is allowed 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. 11-7A-2007 -6- D. ORDINANCE NO. 22-07 (SECOND READING/ADOPTION HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2007-2): Consider on second reading an ordinance adopting Comprehensive Plan Amendment 2007-2 and associated Future Land Use Map (PLUM) amendments. Amendment 2007-2 includes: 1. Text Amendments: (i) Future Land Use Element -Modification of the description of the GC (General Commercial) Future Land Use designation to increase the allowable percentage of building area devoted to residential use from 15% to 75% at a maximum density of 30 units per acre within the Four Comers Overlay District, subject to the provision of workforce housing. (ii) Future Land Use Element -Modification of Policy A-7.2 to include the provision of workforce housing in the Four Corners Overlay District. (iii) Future Land Use Element -Modification of the description of the TRN (Transitional) Future Land Use designation to allow fox increased residential density up to 24 units per acre within the Carver Estates Overlay District, subject to the provision of workforce housing. (iv) Future Land Use Element -Expansion of the Southwest Neighborhood Area Overlay District to include properties located Yz block on either side of SW 12°i Avenue, between SW 2nd Street and SW 3~ Street. This overlay district allows a maximum density of 24 units per acre, subject to the provision of workforce housing. (v) Future Land Use Element -Modification of the description of the Medium Density Residential Future Land Use designation to accommodate expansion of the Carver Estates Overlay Area to include the south portion of the Auburn Trace Development. This area is currently located within the Infill Workforce Housing Area which allows up to 18 units per acre, subject to the provision of workforce housing. Within the Carver Estates Overlay Area, the maximum density will inaease to 24 units per area. 2. Future Land Use Map Amendment: a. City initiated Future Land Use Map amendment for approximately 3.9 acres, located Yz block on either side of SW 12d' Avenue, between S.W. 2"d Street and S.W. 3~ Street, from LD (Residential Low Density 0-5 du/ac) to MD (Residential Medium Density 5-12 du/ac). 11-za2oo7 -7- E. ORDINANCE NO. 55-07 (FIRST READING/FIRST PUBLIC HEARING; City initiated amendment to the Land Development Regulations (LDR) amending Section 1.4.3(D), "Enforcement"; Section 1.4.4(A), "Penalty"; Section 1.4.4(D), "Penalty'; Section 4.5.1(F)(9), "Demolition"; and Section 4.5.1(F), "Restrictions on Demolitions", providing regulations regarding the issuance of code violation notices and the neglect and demolition of historic structures. If passed, a second public hearing will be scheduled for December 4, 2007. F. ORDINANCE NO. 54-07: City initiated rezoning from R-1-A (Single Family Residential) District to RM (Medium Density Residential) District fox appxoxitnately 3.9 acres, located'/z block on either side of S.W. 12`" Avenue, between S.W. 2nd Street and S.W. 3`d Street. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager s response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 56-07: An ordinance amending Chapter 32, "Departments, Boards and Commissions", of the Code of Ordinances of the City of Delray Beach, Florida, by amending Section 32.41, "Composition; Terms; Appointment", to clarify the composition of the Kids and Cops Committee. If passed, a second public hearing will be scheduled for December 4, 2007. 13. COMMENTS AND INQUIRIES ONNON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission 11-20-2007 -g- 14. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: the case of: Kenneth Miller, et al. v. Darren Cogoni, et al Case No. 07-80249-CIV-Middlebrooks Attendees: Mayor Rita Ellis Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Woodie McDuffie Comtissioner Brenda B. Montague City Manager David Hazden City Attorney Susan Ruby Police Legal Advisor Cathy Kozol Attorney Fred Gelston A certified court reporter Purpose: Discuss .settlement negotiations and strategy related to litigation expenditures in the above case. 15. SETTLEMENT OF: Kenneth Miller, et al. v. Darren Cogoni, et al Case No. 07-80249-CIV-Middlebrooks POSTED: NOVEMBER 76, 2007 it-ao-2007 -~- WORKSHOP MEETING NOVEMBER 13, 2007 A Workshop Meeting of the City Commission of the City of Dekay Beach, Florida, was called to order by Mayor Rita Ellis in the First Floor Conference Room at City Hall at 6:00 p.m., on Tuesday, November 13, 2007. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Woodie McDuffie Commissioner Brenda B. Montague Mayor Rita Ellis Also present were - David T. Harden, City Manager Douglas Smith, Assistant City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, Ciry Clerk Mayor Ellis called the meeting to order and announced that it had been called for the purpose of considering the following items: WORKSHOP AGENDA 1. Discussion regarding Capital Projects Reportings Format Douglas Smith, Assistant City Manager, introduced this item. He stated that staff researched an internal solution to provide a real time capital projects xepoxt format rather than acquire a new software package. The program would extract information from different data sources and create a xepoxt that would automatically update as information is added. Robert Mickla, Geographic Information System (GIS) Coordinator, explained the prototype application would extract fmancial data and project status and display the information into a xepoxt table. Mx. Mickla demonstrated the program, which is still in its developmental stages, and explained the various sources of data collected to compile the report. Mx. McDuffie asked if this is Intranet only and could it be made Internet with secure access to enable Commission to see the xepoxt. Mr. Mickla advised the program is Intranet only at this time, but it could possibly be changed tointemet with secure access. Mr. Smith explained this project is still in development form so feedback and suggestions are encouraged before the project is finalized. He advised project titles would be listed possibly in a drop down box to make it easier to perform searches as opposed to project nutnbexs. Mx. McDuffie suggested that the program have the capability to track percent of budget versus percent complete. Mr. Mickla discussed another project that he is working on which would simplify the process for locating underground utilities throughout the City for consultants and contractors. Staff would have this information readily available whether in the field or in the office to perform their duties. It was the consensus of the Commission that the presentation was great. 2. South Florida Water Management District Presentation regarding Reclaimed Water Use Credits -Chip Merriam Richard Hasko, Director of Environmental Services, introduced this item. He gave a brief overview on the purpose of the presentation. Chip Merriam, Deputy Executive Director, South Florida Water Management District (SFWMD), discussed the evolution of the water supply in South Florida which in part is due to the legislation that was passed in 2005 (Senate Bill 360 and Senate Bill 444). Mr. Merriam also discussed the District's policies related to assigned credits fox ground water withdrawn to public utilities fox replaced ground water ixrigatlon withdrawn with reclaimed water. Mayor Ellis expressed concem over the amount of money invested to eliminate the outfall and expansion of reuse water. She explained that she understood there would not be an "offset" and wanted to know how "offset" is determined. Mr. Merriam clarified there had always been an offset; however, the amount depended on where the water is pulled from. He discussed the water treatment process and how it has advanced. Mx. McDuffie requested models on recharged areas. Mr. Memam advised that the models are bigger than the City because Palm Beach County is on a larger scale. Mayor Ellis asked Mx. Hasko if the concerns in his letter were addressed and what concerns remained. Mr. Hasko stated there is ongoing dialog with the SFWMD to gain a better understanding of what to expect with "offsets" and how reclaimed water and credits will factor the cost effectiveness. Mr. Fetzer asked if there is a model available or what the cost would be fox the Waste Water Treatment Plant to treat and discharge into the canal system. It was the consensus of the Commission to thank Mx. Merriam fox his presentation and for addressing what is considered a grave concem. November 13, 2007 3. Waste Management/Solid Waste Authority Presentation -Butch Carter and John Archambo Butch Caxtex, Governmental Affairs Manager fox Waste Management, gave a PowerPoint presentation on this item in addition to a handout. Mx. Carter provided background information on the contractual relationship between Waste Management and the City. He discussed long-term and short-term goals of Waste Management. According to Mx. Carter, Waste Management took the mantra as a corporation to do everything to help preserve the environment He discussed the regular and special services provided to the City by the Corporation. Mx. Carter introduced his colleague John Archambo to address questions. John Archambo, Director of Recycling and Customer Information Services for Solid Waste Authority (SWA) in Palm Beach County, commended the Code Enforcement Division especially Richard Bauer, Code Enforcement Administrator, Jennifer Buce, Litter Prevention Coordinator and Randy Krick, Sanitation Officer on a tremendous job. He talked about some of the education programs on recycling available to residential and commercial customers. David T. Harden, City Manager, requested Mr. Archambo discuss markets fox xecyclables. Mr. Harden stated that he read where some communities had gone through the extra expense to segregate materials when there is no market. As a result, the materials are thrown into the incinerator ox burned in a landfill. Mr. Archambo presented a monthly report to Commission to outline the collection of recyclable materials. He explained how the material is sorted and processed once it is collected and some of the goals of the company. He discussed the residual rate in Palm Beach County fox recycling. Mayor Ellis asked how Delray Beach compares to the rest of Palm Beach County if the City has a high recycle rate. Mt. Archambo explained that along the East coast the rate is about 65% and certain areas of Dekay Beach axe between 85%-90% which is very high. He discussed television commercials used as a marketing strategy to educate customers on the importance of recycling fox the future. Mr. Eliopoulos asked how recycling is handled when customers axe told that clear bottles axe okay and brown and green bottles axe taken to the dump. Mr. Eliopoulos asked if the 96- gallon recycle bin is available fox businesses. Mx. Archambo offered to give the Commission a tour of the facilities. He stated SWA is responsible for ridding waste in an environmentally safe way. Six percent (6%) of the xeryclables coming in fmd their way into a landfill. He advised the 96-gallon blue and yellow bins axe available fox businesses. He stated Palm Beach Gardens used these containers fox their office buildings. Mx. Fetzer requested the estimate ox percentage rate of the residential areas that use the recycling process. He asked fox suggestions to increase the percentage; possibly articles in the newsletter. 3 November 13, 2007 Mx. Archambo replied 70% of Dekay Beach residential customers utilize the program. He discussed some of the challenges faced in some communities and how SWA has worked to overcome the obstacles. Mx. Fetzer asked staff how the information provided by Waste Management on reryding is used. Lula Butler, Dkectox of Community Improvement, informed the Commission that Jennifer Buce, Litter Prevention Coordinator, handled communication and challenges with schools, homeowner associates, and businesses. Mrs. Montague asked that a tour of the facilities be arranged. 4. Presentation regarding School District Demographic and Academic Trends -Education Board Janet Meeks, Education Coordinator, introduced this item. Also present were Dr. Sandy Tobias, Chairperson fox the Education Board and Dx. Debbie Kaiser, an Education Board member. Mxs. Meeks discussed some of the accomplishments of the Education Board which was included in the back-up. Dx. Kaiser discussed demographic and academic trends of Dekay Beach schools. She discussed factors that contributed to the change in trends. Dx. I{aisex stated Dekay Beach schools did well, with the exception of writing, Dekay Beach schools axe below average both statewide and district. Dx. Tobias thanked Commission fox their prior support and discussed what the Education Board would like from the Commission which is funding and personal support by attending events. Dr. Tobias invited the Commission to attend the "Pajama Party," November 27, 2007, in support of the Mayor's Literacy program. She informed the Commission the Dekay Beach Pop-Up book will be available for sale November 29, 2007 for $28.00. Dr. Tobias also invited the Commission to attend the Chambers Education Auction on February 11, 2008; the Maxriot Hotel in Dekay will be hosting the event. All funds will be distributed back to the schools to provide grants and purchase equipment. She also requested the Education Board be permitted to paxmex with the City at the new Plumosa Elementary School of the Arts. Dr. Tobias requested a second Beacon Center be created at the Old Seacrest High School (Old Atlantic High School) site. She advised Commission that Rita Johnson, Palm Beach Marketing Consultant, has invited Governor Charlie Cxist to the pre- launch of the Dekay Pop-Up book on December 1, 2007 at Old School Square. Mayor Ellis asked the statistics of minority drop-out at the high school level. Dr. Kaiser explained there have been many successful programs implemented to encourage students to stay in school. Mr. Fetzer thanked the Education Board fox their energy and involvement and encouraged the Board to continue doing a good job. Dr. Tobias stated Mxs. Meeks is very instrumental in the success of the Education Board because she pushed them to do what has to be done. 4 November 13, 2007 Mx. McDuffie asked how the spiral at Caroex Middle School can be stopped. He would like to know if it is possible be speak with Axt Johnson, Superintendent of Palm Beach County School District about the issue. Mx. Eliopoulos questioned if the problem could be parents pulling their children out of school because they do not feel it is a safe environment. The number of police incidents has increased. Dr. Kaiser stated Carver Middle School does not start until 9:30 a.m.; the latex school starts, the greater the problem. Mss. Meeks discussed mentoring programs in Carver Middle School to address some of the issues. Mr. Eliopoulos stated Larry Schroeder, Chief of Police, would like to have a similaz police academy at Carver Middle School that is at Atlantic High School, but funding is an issue. Mx. McDuffie advised funding issues should be revealed to the Legislative Delegation since funding is still being reduced in Tallahassee. It was the consensus of the Commission for the Education Board to keep up the good work. 5. Discussion regarding establishment of a Green Task Foxee Douglas Smith, Assistant City Manager, presented this item. He stated staff put together a draft resolution fox Commission consideration to create a Green City Task Force. Mr. Smith discussed the guidelines of the Task Force and some of the issues they would address. He asked fox comments and suggestions from Commission and would like this to be brought to the next regular Commission Meeting for approval. Mxs. Montague suggested the name "Green Task Force." Mayor Ellis suggested a press release be prepared if the Boazd is approved to encourage people interested or who have expertise in environmental conservation to apply. Mr. Fetzer considered it extremely critical to have the right people involved and get things accomplished. He would like the Task Force to look at best practices fox other cities and industries and use this as a benchmark. Members should also be concerned about cost. Mx. Fetzer supported the six (6) month time limit proposed. Mr. Eliopoulos believed this is a great idea and concurred with Mr. Fetzer. He supported the Task Force and recommended Nancy Schneider be considered as a member. Mayor Ellis recommended a staff person sit on this Board. Mr. Harden advised someone from the Environmental Services Department will be assigned. Mxs. Montague supported this idea and would like to move forward. November 13, 2007 Mx. McDuffie suggested an education component be included. He also recommended staff work with homeowner and condominium associations, and the citizens because of the different regulations. Mr. McDuffie stated he is in support of the Green Task Force. It was the consensus of the Commission to move the "Green City Task Farce" forward to the next regular City Commission meeting. Mxs. Montague advised the City needs direction which is part of the responsibility of the research needed for the task force. Mayor Ellis recommended a look at best practices to avoid re-creating the wheel. 6. Discussion regarding Legislative Priorities fox 2008 David T. Harden, City Manager, introduced this item. He stated staff wanted to see if Commission had any items to be included in the City's legislative priorities fox 2008. Mx. Fetzer asked if any projections are available on the financial impact of the xefexendtun in 2008 on the Ciry. Mr. Harden discussed the estimated projection if the referendum passed and the roll back rate. Mayor Ellis and staff discussed the education funding and the impact on the City. She stated the Commission has until December 5, 2007 to get staff recommendations in writing. Mayor Ellis advised that school funding is definitely an issue that has to be addressed. Mr. McDuffie advised he would have to read the referendum again. Some additions were made so that it was more attractive to voters. Mxs. Montague asked what the priority was in the last three (3) years. She wanted to know if beautification and street improvements ox things of this nature should be lobbied fox in terms of access to funding. Mr. Harden will research previous years' information to determine what should be brought forward. Mx. Fetzer asked the next step and would Commission receive a list. Mr. Harden advised a list would be distributed. Mrs. Montague asked that a copy of the priorities from the previous three years be included. Mx. McDuffie discussed the recent decision to add full-time liaisons to the Police Department to address gang problems. He asked if there is any giant money that can be received fox the Police Department ox research creative ways to fund hiring more sworn officers. 6 November 13, 2007 Mr. Harden advised there is a sizeable bill that will address certain aspects of the gang problem. Mx. Fetzer suggested the City try to get money on a Federal level; he did not think the City should limit itself to State assistance. He discussed the four (4) Law Enforcement officers killed in the line of duty in the past few months in South Florida. 7. Discussion regarding Palm Beach County Sports Commission Lou Gxoza Awards Banquet David T. Hazden, City Manager, presented this item. He advised direction is needed to consider whether to purchase table tickets for the Palm Beach County Sports Commission Lou Gxoza Awards Banquet being held on December 4, 2007 ox purchase a'/< page ad for the function. Mxs. Montague asked if Timothy Simmons, Interim Director of Parks and Recreation, was interested in attending. If Mr. Simmons was interested to go, she would support the purchase of a couple of tickets. Mx. Hazden stated Mx. Simmons is not interested in attending the event. Mayor Ellis advised that she will pass on the ad. The consensus of the Commission is to purchase tickets for the Palm Beach County Sports Commission Lou Gxoza Awazds Banquet. Mayor Ellis adjourned the Workshop Meeting at 8:51 p.m. City Clerk ATTEST: MAYOR 7 November 13, 2007 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Workshop Meeting of the City Commission held on Tuesday, November 13, 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 amendments, additions ox deletions to the Minutes as set forth above. 8 November 13, 2007 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING ~ (I < THROUGH: CITY MANAGER DATE: SUBJECT: ITEM BEFORE COMMISSION The action requested of the City Commission is acceptance of 5.6' of right of way, a 5' sidewalk easement, and a sidewalk deferral for 1015 Nassau Street. The property is located on the north side of Nassau Street between Gleason Street and Venetian Drive, 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 1015 Nassau Street, subject to conditions, which included recordation of a 5.6' right-of-way deed and dedication of a 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 28.8' 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 August 23, 2007 and approved aright-of-way reduction from 60' to 40'. Therefore, the applicant is required to dedicate 5.6', (one-half of the 11.2' of additional right-of-way), and provide an additional 5' sidewalk easement. A deferral of the sidewalk improvement was also supported by DSMG. This right of way dedication and sidewalk 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 5.6' right-of-way deed, 5' sidewalk easement, and approve the sidewalk deferral agreement associated with 1015 Nassau Street. Attachments: • Location Map, Right-of-Way Deed, Sidewalk Easement, Sidewalk Deferral Agreement NOVEMBER 14, 2007 a ~ ~ ~ ¢ a rn } z Z J Q ~ Q ~ o ~ ~- 11¢ ~ ~ Q W MIRAMAR ® DRIVE ~ Z F- Q c ~ U Q ~ O e ~ COCONUT ROW W F- INGRAHAM Q ti V OCEAN TERR. ~ O J ~ Q F- ~ F ~ 5 T. Q ~ BAY z STREET ~" O ~ U +~. ~ LANGER WAY F- z CA UA INA ROAD v ~ ~ ¢ 7 o F w z w i BUCIDA RD. a ~ ~ z rn ve w a z Y ~ w o ~ N 1015 NASSAU STREET ~__ SUBJECT PROPERTY CITT OF DEUtAY BEACH, FL 'Fil LOCATION MAP PUNNING k ZONING DEPARTMENT -- D/CIIAL RASE MAP SYSZEA/ -- MPP REF: 5:\Planning k Zoning\OBMS\Fite-Cob\Z-LM 1001-1500\LMIOD_IDIS Nosaau Street Prepared 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 22nd day of October. 2007, between JOSE MURGUIDO and AMELIA MURGUIDO, with a mailing address of 1015 Nassau Street. Delray Beach, Florida 33483 as party of the first part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. 1st 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 promises 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 party 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 revert in the party 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 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. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described 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 party 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. By: wl../`~ ~ ~ AMELIA MURGUID (Name printed or typed) IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written.- Signed, sealed d delivered ua~Ie pre o . Inc ~ ~P.+O.d (Name printed pr typed) or STATE OF FLORIDA COUNTY OF MIAMI-DADE PART OF E F By: JOSE RGUIDO ame rinted or typed) I I 1d~y ~l~J~2,Q~C' `Y ~~ ~. (Address) (Address) The foregoing instrument was acknowledged before me this 22nd day of October 2007, by JOSE MURGUDO and AMELIA MURGUIDO who are personally known to me or has produced as identification. ;NOTARY FUBL1edTA7E OF FIARIDA ignature of Notary Public - •""• Lisa M. Montano State of Florida i Commission ~ DD7080&5 },~ Expires: AUG. 23, 2011 AuNDSD iHAV ATLA.~TIC BONDING CO.,mC. .waaoN w. md.r. v ~s. LB 2102 5.6' ROAD RIGHT OF WAY DEDICATION LOT 5, WHEATLEY'S SUBDIVISION PLAT BOOK 16, PAGE 98 CERTIFICATION: 2 Q W 2 W 2F .~ 9 4 7 6 5 4 3° " Sa~ - '~ TO' 6i' i~ q 3k ~ N /24" _ /2 P / ~ 7 /B v /9 i/3' 6 93. 6C' v O o 0 4B/ c ' 323 z' ^ IN ~ k ~_ 3ied _. [~ 2/ u ~ l /SJ~ ~.. I 46/. Z8 .. ~ 1 I HEREBY CERTIFY THAT THE DESCRIPTION AND THE ATTACIIED SKETCH OF DESCRIPTION WERE PREPARID IN ' ACCORDANCE WITHTHE SURVEYING STANDARDS, CHAPI'ER61G176, FI:ORIDAADMINISTRATNE CODE, SETFORTH ' BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, PURSUANT TO SECTION 472.027, FLORIDA;' STATUTES, AND IS TRUE AND CORRECT TO THE HEST OF MY KNOWLIDGE AND BELIEF, UNLESS TT BEARS THE' ~. SIGNATURE AND THE ORIGINAL RAISID SEAL OF A FLORIDA LICENSID SURVEYOR AND MAPPER, THIS DRAWING, SKETCH, PI.,~1T OR MAP IS FOR INFORMATION PURPOSES ONLY AND IS NOT VALID ^/o7-oS-oG8 BY; TILE SOUTH 5.6 FOOT (FOR ROAD RIGHT OF WAY DEDICATION) OF LOT 5, WHEATLEY'S SUBDNISION, AS RECORDED IN PLAT BOOK 16, PAGE 98, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 280 SQUARE FEET MORE OF LESS. TUCKER, ,VATE d Z f ~) ATE OF FLORIDA NOTE: THIS IS N,OT A SKETCH OF SURVEY, BUT ONLY AGRAPHIC DEPICTIONS OF THE DESCRIPIION SHOWN HEREON, THERE HAS HEEN NO FIELD WORK VIEWING OF THE SUBJECT PROPERTY, ORMONUMENTS SET IN CONNECTION WfIH THE PREPARATION OF THiS INFORMATION SHOWN HEREON. NOTE: LANDS SHOWN HEREON WERENOT ABS"IRACTED BY THE SURVEYOR FOR RIGHTS OF WAYS, EASEbIENTS OR RESERVATIONS OF RECORD eauwoAar suevErs MOaTGAOE SUNVETS CONETPVCTION LAYOUT 's~ ~. W' j: O' ~i Joe Tucker w+n sunv4:roxs .~ .1 a a PAOne: 'Boca (561) 391-4388 JOSEPH M.TUCKER, P.LS. FA)~(~ (587) 734~~ 21 Bm/NO~n Beach, FL 3343559 Z19 S.E. 23rtl AVENUE - P.O. BOX 759 - BOYNTON BEACH, FLORIDA 33435 BOYNTON BEACH Phone (551) 737-654fi Fax (561) 734-7546 BOYNTON SEACN Phone (SSt) 737-0548 Fax 45et) 734.75d$ r'=,w G-+ r 't..Cr ~*~` a. a~ ~i y~ ~ Vi ~~ Q 2 cro' ~ ..y '? ;~ ~Q _~~_ ~ ,r=c~a,~ 5,~' /, „v ,,r. Yf' ham. FcLrJ ~~ .~v+JN.~ ~ ~+r tit :9'DF141'.5 r5.c' .~ ~f.G''~' C"G7I aw ~.~, : '~~~- ~~, ~: y a A. w~ w ~• ~. ~ ro Co a:> ~. r, rsr ~'r'.as~ c ~_ a tt do ; s,a' ~„~ ._. ,.-« ~, n>,~~ sr~Q y *t :. 3 ~..~~v . ~~~~ ~- w aQVJ1MAY 9URV~S s1oarWae 9t1!IYMS GOn3'MR~4a UYOUT a" t,,~{ 7iN Pn.+.+C.c PRGc'r P Os~p.¢.~v6F,A .... r ~~ ,ai xs..x.a;. 45 t~ cS ~ Q 4 `~ ~~ ~~ 5 ~ ..'3 /d~`Q/~- /' G~4'Semen7` ~ ) , .. , , ' ~ ) wed ~.G` ~ ~ ~ ~ gr,~,~f rrtl~x~ .2 ~ ~~ n ~~ n G~^° 1 e La'" ~ W ~ 'ri_ ~ ~ i ~' ~k j EFSe°nrtrac-s.«rEaT1~ ' d ,, ' ~ t ,,{ a~~~/r/~a~J ~aw~ . . ~. ~~~ ~. ~ 14rti ? ~~~.~Sds . ~ -mY ^~ :'+=<« ~ Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N. W. 1 st Avenue Delray Beach, Florida 33444 EASEMENT DEED THIS INDENTURE, made this 22nd day of October, 2007, by and between JOSE MURGUIDO and AMELIA MURGUIDO, with a mailing address of 1015 Nassau Street. Delrav Beach, Florida 33483, party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the 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, 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, 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 condition without expense to the property owner and that once the sidewalk has been constructed 1 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 againstthe lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS #1: ~'S_~'K/rl~?in~// ~ /~~J[~ 31"Mka KU~C ~l~ /l~~ (name printed or typed) #2: 0 (name printed or typed) STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 22nd day of OCTOBER, 2007 by JOSE MURGUDIO and AMELIA MURGUIDO. He/She is personally known to me or has produced (type of identification) as identification and did/did not take an oath. SOT.':Rl Pl'BLIC~STATE OFFLORlDA :: ~""' Lisa M. Montano • • Commission # DD708085 (SEAL) sk••: ••'~ ~pues: AUG. 23, 2011 BO.~UBO 1'HRV ATLA:17[C BOhULCC C0., niC. ~.~/~~ I~ture of Notary Public - State of Florida AMELIA MURGUIDO _~ JaaaOA N. Tuchar. 9.1g. SOVNOAAY SUAVEYg M01tf0AGE SURVEYS COASTAVClION UYOVr 5.6' ROAD RIGHT OF WAY DEDICATION LOT 5, WHEATLEY'S SUBDIVISION PLAT BOOK 16, PAGE 98 THE SOUTH 5.6 FOOT (FOR ROAD RIGHT OF WAY DEDICATION) OF LOT 5, WHEATLEY'S SUBDNISION, AS RECORDED IN PLAT BOOK 16, PAGE 98, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 280 SQUARE FEET' MORE OF LESS. CERTIFICATION: 05.96' x /d0' /3Sa]' m ~0 p a 2F. a /s`~ /OSCT ~ /Bd ° ~m c 0 r~ m n /oreo• ,e 8 3 0 0 .o Z ~~~;, ,. , w / r 4 m W -~ y c•n N S^ fi Uoej n ^~ a= an 4>5.56• 6 6 3 2/ 9 6 7 6 5 4 3- /z>a. 3' ~ 3Y Sa' ~ So' dz' g SSAV ST J ~° /as e6: - - - ^ se c..d so' B /6 - '6 ~'~ "~ e na / 8 9 /O // /2 m" .e // /2 /3 /a / /6 /7 /B v /9 Q U • `0 493.60' ~^ ~ U m y' ° ro5sa• aei~ ' $ @HU SONA ° //09S ro0' /oo' I/O' 3Z9 x' Q ^ b~ ~n N ry* ~y l 2y;~ r ~ 40/. Z Q W W I HEREBY CERTIFY THAT THE DESCRIPTION AND THE ATTACHID SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER 61GI76,'FI;ORIDA ADMINISTRATNE CODE, SET FORTH' HY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, PURSUANT TO SECTION 472.027, FLORIDA! STATUTES, AND IS TRUE AND CORRECT TO THE HEST OF MY KNOWLEDGE AND BELIEF", UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWING, SKETCH, PLAT OR MAP IS FOR IldFORMATION PURPOSES ONLY AND IS NOT VALID ^~07-OS-OC$ BY; 'f/ GLGC'~- . TUCKER, ATE d L S v) STEREO LFu~ID SURVEYOR NO.3 85 ATE OF FLORIDA ' NOTE: THLS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTIONS OF THE DESCRIPTION SHOWN HEREON, THERE HAS BEIN NO FIELD WORK VIEWING OF THE SUBJECT PROPERTY, ORMONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THIS INFORMATION SHOWN HEREON. NOTE: LANDS SHOWNHEREON WERE NOT ABSTRACTED BY THE SURVEYOR FOR RIGHTS OF WAYS, EASEIv1EN'IS OR RESERVATIONS OF RECORD LB 2702 Joe Tucker w3o suAVexJas .~ a ..1 Phone: 'Baca (561) 391.4368 JOSEPH M. TUCKEfl, P.LS. BgnWn(561)737.6546 219 SE 23/d ALe.-P.O. Bax 759 ' PAX (561) 734-7546 Boynlan Beach, FL 33435 ' -'io Q o ~ 11~. ~w V~ l~~ 219 S.E. 23rd AVENUE -P.O. BOX 759 - BOYNTON BEACH, FLOflIDA 33435 BOYNTON BEACH Phone (561) 7374i54fi Fax (561) 734=7546 us•vn M. ?uc+v...t.5. 8Wx0AM 9tMVEYb MCAi0A6E SUPVk'+9 t,ptA'aip,Tgx ~-,tvp{~i y w ,,,~-y:,.. t~_,.. ~r ~~.1 ~I w: t ~-1 ; ~~ tt`~` V~ c,: ~' ~ s~ ~. ~. tL~:` Cis FC'~/Vs7 -.~:..~ .. awl!` !J:.rv'+ ~'v:~x i Asr~ L ~ ~c cam" cy,... aYa..'~Y ~<-- : -, G/a°d XTd.J r/ /~.~ .~~ rFyy~ (0.4 /.~tR!S~ l:J"II' ~ ~ ~ _ - - M ~ 4 ..- - _ t2, ~ `„ Co~vmK v - t~s' :~?' ~ ~ ~~3f~ ~~~srmay .` ~~• U~,~ ,:~ ~a.,: f ~ M L~ _, ; ~ ~ ~_~~ _ Y ~`r~ a N -~~- I'°-~~- - - ~ ; ; .-.. T ti Vii. ~1 ~ ~. ~: ~ L~ 5 ` S~•A`~tva1~ G~xsernen t ;} ~ I F/f)~.5 W 'rJ" . ti ~ 1~ ~r ',2tgt~ of Y~a~y ~ f ~r~' She~7l 2 a ~'~ ?' 3 5.~ 2?rd AVENUE - P.O. BCX T55 - BCY.^t:`CN BEACH. FiG^n1DA 3.1435 60YNTCN BEACH P;.one (5Si) T3'~$546 Fax (Sfi7) 734-754fi Prepazed By: RETURN TO: R. Brian Shutt, ;;sq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this 22nd day of October, 2007, between the City of Delray Beach (hereinafter the City) and JOSE MURGUIDO (hereinafter the Owners) and AMELIA MURGUDIO, (hereinafter the Owners) for the purpose of waiving the requirement of the installation of a sidewalk along 1015 Nassau Street, Delrav Beach Florida until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a sidewalk, within the 1015 Nassau Street, Delrav Beach, Florida 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. 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: 1015 Nassau Street, Delray Beach, Florida 33483 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the 1015 Nassau Street, Delray Beach, Florida 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 current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this 22nd day of October, 2007. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Mayor Approved as to form and sufficiency: City Attorney 2 WITNESSES: ~.. ; S~-C.~ ~/ ~~~u-~~ (Please type or print name) ~l ,_ ase type or print name) STATE OF FLORIDA COUNTY OF MIAMI-DADE type or print name) By J~ i ~~-~na AMELIA MURGUIDO (Please type or print name) The foregoing instrument was acknowledged before me this 22nd day of October 2007, by JOSE MURGUDIO and AMELIA MURGUDIO (name of person acknowledging). NOTARY PCBIIC~TATE OF FIARIDA ignature of Notary Public -State of Florida ""'-, Lisa M. Montano ~s~e•Commissioa#DD7080&S ~~~~~~~~~ '',~+',.••` Expires: AUG. 23, 2011 ~ BOFDED THAG A7LA.\71C 90\'DL\G CQ~INC. Print, Type, or Stamp Commissioned Name of Notary Public Personally Known FOR Produced Identification Type of Identification Produced: MEMORANDUM TO: Mayor and City Commissioners FROM: Danielle Connor, Division Chief David C. James, Fire Chief THROUGH: David T. Harden, City Manager DATE: November 9, 2007 SUBJECT: AGENDA ITEM #8 -MEETING OF NOVEMBER 20 2007 ACCEPTANCE OF EMS COUNTY GRANT AWARD - 546.340.00 ITEM BEFORE COMMISSION This item is being presented to City Commission to accept the PBC Emergency Medical Services (EMS) Grant in the amount of $46,340.00 from the EMS County Grant Award Program; and, to authorize staff to submit a letter of confirmation to PBC Division of Emergency Management to officially accept the grant award and the State and County grant requirements. The PBC Division of Emergency Management notified the City of Delray Beach Fire-Rescue on November 5, 2007 that the City would receive $46,340.00 from the EMS County Grant Award Program. The grant funds were awazded and approved for the City to purchase five (5) Model 6500 Power-Pro Ambulance Cots $45,750.00, five (5) IV Poles $1,100.00, five (5) Equipment Hooks $180.00, five (5) Backrest Storage Pouches $840.00, five (5) Head End Flat Storage Pouches $390.00, and five (5) Foot End Oxygen Bottle Holders $580.00. Five (5) MX Pros with a fair mazket value of ($2,500.00) will be traded in towazd the purchase of the new equipment. This is a reimbursement grant whereby the City is authorized to commence the purchase of the approved equipment after the Boatd of County Commissions approves the grant package at their December 18, 2007 meeting. In accordance with the grant notification letter, PBC has instructed the City of Delray Beach Fire Rescue to proceed to accept the grant by providing a letter of confirmation from the Agency's Administrator concurring with the grant award amount, the activities and expenditure plans, and the assurances that the City of Delray Beach will comply with the State and County Grant Award requirements, including reporting. The confirmation letter must be submitted to the PBC Division of Emergency Management before December 18, 2007 to be attached to the g~~ R ' Department of Public Ssfety DPoIs[on of Emergency Management 20 S. Military Trail Weat Palm Beach, FL 33412 (561) 7t2-6400 Fax: (56q 712fi464 www.obceov.com Palm Beach County Board of County Commisslonera Addle L, Greene, Chai~pe~son Jeff Koons, Vice Chair Kasen T. Marcus RobeR J. Kanjian Mary McCarty Burt Aaronson Jesa R Santamaria County Adminlatretor RobM Weisman °An Sgua! Opparttmiry Affirmative Actlon Employer" November 5, 2007 07-DIR-78-L Division Chief Danielle Connor Delray Beach Fire Rescue 501 W. Atlantic Avenue Delray Beach, Florida 33444 Division Chief Danielle Connor: Your agency will receive $45,340.00 Program. Please see attached which schedule for your EMS Grant Award. RE: EMS Grant C70 from the EMS Grant Award covers the items and work The EMS Grant package is being presented to the Board of County Commissioners at their December 18, 2007 meeting. Once it is approved by the Board, it will be forwarded to the State EMS Office for their execution. !n the meantime, please provide us with a letter of confirmation from your agency's administrator wncurring with the amount of the award, activity and expenditure plans, and assurance that your agency will comply with the state and county grant requirements, including reporting. if you have not submitted a Resolution from your Governing Board, kindly proceed to obtain same prior to making the purchase certifying that monies from the Grant Award will: 1) improve and expand prehospital services in that coverage area; 2) Not be used to supplant existing provider's budget allocation; 3) Meets the goals and objectives of the EMS County Grant Plan. Thank you for your cooperation. Sincerely, Q a es ar, rector ate Public Safety Department Division of Emergency Management EnC. Cc: EMS Grant files ATTACHMENT 2 DELRAY BEACH FIRE RESCUE Work Plan: Work Aetlvitln: Tbae Atames: To replace standard paeamatlc strotehee wIM powered assisted poenmatlc stretchers which will whence not only the ergoaomle envlronmwt r the personnel m~raleing aad lowortng the stretcher, rdnce the ISteiibood of as iaJnry to the patient and personnel, and will reduce the amount of personnel needed m operr the devise Increaeing trwsportadon ifine. Order powered asebted pneumatle stretcher. 1° Qoarter ConduM in-servla trainlag aW edacatbn oo use, malntwance, and proper Ii[tlog sod movfag technfques. 2p° Quarter Impiemwt new equipmwt into inventory end begin use. 3`e Qnarhr CondaM field audit b cenjnnetlon wEtls Rfek Management To ewluate the reduction of paltwt aad employee hsJurfes. 4° Quarter Proposed Ezpwdltsr Plan: Liue Rem Unh Price Quantlty Total Cost Made16500 Power-Pro Ambulance cote 9,150.00 5 45,75D:00 3 Stage IV Pok Patkat Right 220.00 5 1,100.00 3?gnipmwt book 36.00 S 180.00 Backrest Storage Pouch 168.00 5 &10.00 Head End Fla[ SWrage Pouch 78 5 390.00 Foot F.ad Orygm Bock Holder 716.00 5 580.00 MX Pro.Trada-In (500.00) 5 2,500.00 TOTAL 546,340.00 RESOLUTION NO.36-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING FUNDS FROM THE PALM BEACH COUNTY EMERGENCY MEDICAL SERVICES GRANT AWARD PROGRAM FOR FY 2007/2008. WHEREAS, the Dekny Beach Fire-Rescue Department teptesents the emergenry medical services interests of the City of Delray Beach; and WHEREAS, the Delray Beach Fire-Resale Department is requesting funding far FY 2(107/2008 through the Palm Beach County Emergency Medical Services Grant Award program for the purchase of five (5) additional Stryker power assisted pneumatic patient stretchers. WHEREAS, the City of Delray Belch Fite-Rescue Department is eligible to receive funds collected by the Office of Emergenry Medical Services pursuant ro Chapter 401.113, Florida Statutes; and WHEREAS, the equipment ro be purchased with these funds will enhance the City's overall emergency medical services operation and improve the delivery and level of emergency medical care provided to the citizens of and visitors to the City of Dekay Beech and the entire Fia-Rescue service area; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The City Commission of the Citq of Delay Beach is supportive of this initiative ro secure grant funds for this service enhancement; and Section 2• That the Mayor of the City of Delray Beach is hereby authorized to exmtte all documents which ate necessary m complete the request for funds from the Palm Beach County Emetgenry Medical Services Grant Award program. PASSED AND ADOPTED in mgulsr session on this ~* day of June, 2007. _ . MAYOR ATTEST: ~~~ City Clerk MEMORANDUM TO: Mayor and City Commissioners FROM: Sharon L'Herrou, Administrative Officer, Delray Beach Police Department THROUGH: David Harden, City Manager ~~ Joseph L. Schroeder, Chief of Police DATE: November 13, 2007 SUBJECT: AGENDA ITEM t# -REGULAR COMMISSION MEETING OF NOVEMBER 20 2007 AGRE_E_MENT/GULFSTREAM GOODWILL INDUSTRIES OFFENDER RE-ENTRY PROGRAM ITEM BEFORE COMMISSION The Police Department requests that the agreement for funding and acceptance of funds between the City of Delray Beach and Gulfstream Goodwill Industries be accepted. This agreement will provide Gulfstream Goodwill with $70,730 to provide services to ex-offenders returning to targeted neighborhoods within Delray Beach. BACKGROUND The Palm Beach County Criminal Justice Commission (CJC) has awarded funding to the Delray Beach Coalition for Community Renewal (formerly Weed & Seed) in the amount of $100,000 to support projects such as this one. This project has been outlined in the CJC contract that was approved by the Delray Beach City Commission on September 4, 2007 and endorsed by the Palm Beach County Board of CountyCommissioners. FUNDING SOURCE Funding is provided from the Palm Beach County Criminal Justice Commisson grant to the City, account #115-2126-521-83.01. RECOMMENDATION The Police Department recommends approval. $•~ Cerina Anderson Program Manager Delray Beach CCR 141 S. W. 12"' Avenue Delray Beach, FL. 77444 Isvt> za3 - ~~2 .\n~i•~rw tinr~ i,Arlral -Mach J L u. 00 00 ~~• a~~+~+ Palm Beach County Federally [hsignated CCR Sites, formerly Weed and Seed ^ Delray Beach ^ West Palm Beach ^ Riviera Beach To: Mr. David Harden City Manager "~c.~~ Fnxn: Cerina Anderson, CoaliAptt for Community Renewal Program Manager Date: November 9, 2007 Re: GULFSTRF.AM GOODWILL INDUSTRIES CONTRACT Enclosed please find two copies of the agreement for Funding and Acceptance of Funds between the City of Delray Beach and Gulfstream Goodwill Industries. Gulfstream Goodwill is being contracted with to provide services for ex-offenders returning to our targeted Weed & Seed neighborhood to facilitate successful re-entry and reduce recidivism. Since at (cast 90°/a of ex-Offenders returning to l~lray from state prisons intend to reside in our target community, a projcet of this type is an important step towazds enhanced public safety. Two of the three coastal Palm Beach County Weed & Seed sites (West Palm Beach and Delray Beach) are collaborating in this eflbrt. The Criminal Justice Commission (CJC) of Palm Beach County is providing the Coalition for Community Renewal with 5100;000 to support prgjects such as this one. This project has been outlined in the CJC contract that was approved by the Delray Beach City Commission and endorsed by the Palm Beach County Board of County Commissioners on September 1 I, 2007. Please feel free to contact me at 243-7632 or email: Andcnor'ri?ci.dci rsv- --- - h~nch.ll.u~ if you have any questions. Thank you for your assistance! ce: Captain Tina Heysler "An P.qual OPpnnunily AffirmaNvc Action Employer" AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS BETWEEN THE CITY OF DELRAY BEACH AND Gulfstream Goodwill Industries October 1, 2007 - September 30, 2008 THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") entered into this 1st day of October, 2007 between the City of Delray Beach, hereinafter referred to as °City" and Gulfstream Goodwill Industries, hereinafter referred to as "AGENCY", having its principal office located at 1715 Tiffany Drive East West Palm Beach, FL. 33407, provides $70,730 in funds provided by the Palm Beach County Criminal Justice Commission, allocated 09/11/2007 to support contracted Delray Beach Weed & Seed projects (now referred to as the Coalition for Community Renewal), upon the following terms and conditions: The awarded funds are allocated as follows: $70,730 to provide funding assistance to support a collaborative ex-offender re-entry effort between two of the Palm Beach County Weed & Seed sites, as outlined in Exhibit "A." 1. Definitions: a. "City" means the City of Delray Beach, Florida b. "W&S" means Delray Beach Weed and Seed (now referted to as the Coalition for Community Renewal or CCR) c. "The Agency" means GuHstream Goodwill Industries d. "NAB" means the Delray Beach Weed & Seed Neighborhood Advisory Board 2. Purpose of Work: The purpose of this agreement is to state the covenants and conditions under which AGENCY will implement the agreed upon scope of work supported by the allocation of award funds. The Scope of Service in Exhibit "A" outlines the specific deliverables. The beneficiaries of a project funded under this agreement should provide services primarily to residents within the federally designated Weed and Seed target area, which has its boundaries, 1-95 to the West, Swinton Avenue to the East, Lake Ida Road to the North and Linton Blvd to the South. The Agency shall, in a satisfactory and proper manner as determined by the City, perform the tasks necessary to conduct the program outlined in this agreement and submit invoices for approved expenses outlined in Exhibit "A", provided hereto and made a part hereof. Payment requests and programmatic reports should be submitted simultaneously. The City agrees to disburse payments upon the receipt of invoices accompanied by the required programmatic reports and necessary data (as determined by the City), covering the month for which payment is requested. Disbursements will be available approximately one month following the execution of this agreement and approximately quartedy thereafter. All services shall be perfonned in a manner satisfactory to the City. The funding shall not exceed the City Manager approved dollar amount of $70,730 for the period of October t, 2007 through September 30, 2008. All release of funds shalt further be in accordance with all sections of this agreement, contingent upon the continuation of the Criminal Justice Commission Contract, and subject to the approval of the Delray Beach Weed & Seed Program Manager. 3. Time of Performance: The effective date of this agreement and all rights and duties designated hereunder are contingent upon the continued implementation of the contract between the Delray Beach Weed & Seed Project (CCR) and the Palm Beach County Criminal Justice Commission. The effective date shall be the date of execution of this Agreement, and the services of AGENCY shall commence upon that date. Payment of associated and approved expenses incurred as of October 1, 2007 will be processed. All service required hereunder shall be completed by AGENCY by September 30, 2008. 4. Subcontracts: Any work or services subcontracted hereunder shall be specifically by written contract, or written agreement, and shall be subject to each provision of this agreement. Proper documentation in accordance with City, County, State, and Federal guidelines and regulations must be submitted by the Agency to the City and approved by the City prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, County, and City laws and regulations. None of the work or services covered by this agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the Delray Beach Weed & Seed {CCR) Program Manager. 5. Records and Reports: The Agency agrees to provide the City programmatic progress reports that outline the GuKstream Goodwill program activities, progress made, number of participants enrolled, problems encountered and proposed solutions. These reports must be submitted to the Weed & Seed Program Manager simultaneously with each invoice. Additionally, a final report summarizing results for the full project period (October 1, 2007- September 30, 2008) is due within 30 days of completion of the project. Payments will not be released without the submission of the required reports (completed and accurate) to the City, and on the resolution of monitoring or audit findings identified. The City shall have the right under this agreement to suspend or terminate payments until Agency complies with any additional conditions that may be imposed by the City or the Palm Beach County Criminal Justice Commission. The Agency agrees to retain supporting documentation relating to the activities funded hereunder and related service provisions (activities) for a period of three (3) years, dating from September 30, 2008. 6. Program-Generated Income: All income earned by Agency from activities financed by Palm Beach County Criminal Justice Commission funds must be reported to the City. In addition to reporting such income, Agency shall report to the City the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this agreement, the prior written approval of the City will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in the federal OMB Circular A-110 and other applicable regulations incorporated herein by reference. Other Program Requirements (Civil Rights/Resident Opportunities): The Agency agrees that no person shall on the grounds of race, cobr, mental or physical disability, national origin, religion, or sex be excluded ftom the benefits of, or be subjected to discrimination under, any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. The Agency certifies that required background screenings will be conducted on ALL employees and volunteers working with youth or other vulnerable/protected individuals and have such available for review during Monitoring visits. To the greatest feasible extent, low-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project target area shall be awarded contracts in connection with the project. 8. Public Relations Requirement: Grantees shall acknowledge, to the extent feasible, the Weed & Seed/ CCR funding of the project in annual reports, bulletins, publications, and other public relations activities of the grantee. 9. Evaluation and Monitoring: The Agency agrees that the City will carry out periodic monitoring and evaluation activities (through in-house and site visitation evaluations) as determined necessary by the City and that the continuation of this agreement is dependent upon satisfactory evaluation conclusions based on the terms of this agreement and comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The Agency agrees to furnish upon request to the City andlor Palm Beach County Criminal Justice Commission copies of transcriptions of such records and information as is determined necessary by the City. The Agency shall submit reports as outlined in #5 and at other times upon the request of the City, information and status reports required by the City, andlor Palm Beach County Criminal Justice Commission on forms approved by City to enable evaluation of said progress and to allow for completion of reports as required of the City by Palm Beach County Criminal Justice Commission. Agency shall allow the City or Palm Beach County Criminal Justice Commission to monitor Agency on site (at least annually). Such visits may be scheduled in advance or unscheduled as determined by the City and Palm Beach County Criminal Justice Commission. 10. Audits and Inspections: At any time during normal business hours and as often as the City or the Palm Beach County Criminal Justice Commission may deem necessary, there shalt be made available by Agency to the City or the Palm Beach County Criminal Justice Commission for examination all its records with respect to all matters covered by this agreement. The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this agreement. The City will require AGENCY to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110, A-122, A-133, and other applicable regulations within 180 days after the end of any fiscal year covered by this agreement. A Certified Public Accountant of the AGENCY'S choosing, subject to the City's approval shall make the audit. In the event AGENCY is exempt from having an audit conducted under A-133, the City reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of AGENCY as defined by A-133. 11. Increased Availability: The intent and purpose of this agreement is to increase the availability of the Agency services to the community. This agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this agreement, which is not less than that level existing prior to this agreement. 12. Conflict of Interest Provision: The Agency agrees to abide by and be governed by OMB Circular A-110 pursuant to conflict of interest. The Agency further covenants that no person who presently exercises any functions or responsibilities in connection with the funded projects, has any personal financial interest, director indirect, in the activities provided under this Agreement which would conflict in any manner or degree with the performance of this agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to the City, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirements that maximum opportunity be provided for employment of and participation of lower- income residents of the project target area. 13. Suspension and Termination: If through any cause the Agency shall fail to fulfill (or materially comply in accordance with 28CFR 66.43) in a timely or proper manner its obligations under this agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this agreement, the City shall thereupon have the right to terminate this agreement or suspend payment in whole or part by giving written notice to AGENCY of such termination or suspension of payment and specify the effective date of termination or suspension. At any time during the term of this agreement, either party may, at its optbn and for any reason, terminate this agreement upon thirty (30) working days written notice to the other party. Upon termination for convenience or for cause, the City shall pay the sub-recipient Agency for satisfactory services rendered pursuant to this agreement through and including the date of termination. The agreement may be terminated for convenience in accordance with 28CFR 66.44. In the event the contract to the City with the Palm Beach County Criminal Justice Commission is suspended or terminated; this agreement shall be suspended or terminated effective on the date the Palm Beach County Criminal Justice Commission specifies and all payments are contingent upon the release of funds from the Palm Beach County Criminal Justice Commission. 14. Independent Contractor: AGENCY agrees that, in all matters relating to this agreement, it will be acting as an independent contractor and that its employees are not City of Delray Beach employees and are not subject to the City provisions of the law applicable to City employees relative to employment compensation and employee benefits. 15. Public Entity Crimes: By entering into this contract or performing any work in furtherance hereof, the contractor (sub- recipient Agency) certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within 36 months immediately preceding the date hereof. F. S. 287.133(3) (a) requires this notice. 18. Reversion of Assets: Upon expiration of this agreement, the sub-recipient shall abide by all relevant regulations pertaining to federal grant funding including, but not limited to: the Financial Guide, OMB Circular 110, and 24CFR Part 570. 17. Counterparts of the Agreement: This agreement contains all of the parties binding representation to one another. Any amendment or modification hereto must be in writing and is contingent upon approval by the City. 18. Hold Harmless and Indemnification Clause: Gulfstream Goodwill Industries and its affiliates, suppliers, subcontractors and consultants hereby agrees to promise to indemnify and hold harmless the "City° and its officers, agents, servants, or employees from and against any and all liability, claims, demands, damages, expenses (including attorney's fees), fees, cost, fines, penalties, suits, proceedings, actions and causes of action of any kind and nature arising from, or in any way connected with, the giving and/or use of said funds. AgencylSub-recipient: GuNatream Goodwill Industries Signed By: ~~-~'--GO Print Name: /jIA,2d~tr /~. T,/~,~ WITNESSES: CITY OF DELRAY BEACH, FLORIDA Signed By: ATTEST: CITY CLERK AS TO FORM: .~...~_ CITY ATTORNEY Exhibit "A" Scope of Service Introduction The goal of this project is to support a collaborative effort between two of the coastal Palm Beach County Weed & Seed sites in enhancing the re-entry initiative with other Weed & Seed partners to accommodate the increasing number of offenders re-entering Weed 8 Seed areas. Approved expenses may include: salary, benefits, training, substance abuse treatment, transitional housing assistance and other ancillary services that pose barriers to successful reentry. Funds will also be allocated for staff salary, benefits, office space for the program specialist in addition to communications, mileage and miscellaneous supplies required for the position. it is the intention of this agreement that Gulfstream Goodwill Industries employ a Re-entry Program Case Manager designated to build linkages between partners in the re-entry effort, establish contact with ex- offenders returning to the Weed 8 Seed area from State prisons, and facilitate the delivery of services and case management to returning ex-offenders in order to support their successful re-entry into society. An increased population of ex -offenders returning to the Delray Beach area demands program expansion in order to adequately accommodate those returning to our community. It is further the intention of this agreement that ancillary support services will only be provided as a service of last resort when the participating ex-offender is not eligible for services already provided at no cost through partners such as Workforce Alliance, the Serious and Violent Offender Re-Entry Initiative (SVORI), or Project R.E.A.P. Success. Only in instances where the Program Manager has exhausted other available resources should funding for ancillary supports be utilized. In addition, the funds for ancillary support services from this contract may only be used to support ex-offenders returning to the Delray Beach Weed & Seed (CCR) area within the immediate vicinity of Delray Beach, Parameters Preliminary parameters and program objectives have been set forth below: • The emphasis for recruitment will be on ex-offenders retuning to participating Weed & Seed (CCR) areas from the state Department of Corrections, however releases from federal prisons who are not eligible for other services will not be excluded. • Services will not be provided to sex offenders or habitual violators of parole. Any clients currently on parole who violate their conditions of parole will be immediately dismissed from the program. • The project will start with an approximate caseload of 20 which will be periodically reassessed. If necessary, a waiting list will be maintained. • Average length of time from opening to closing of a case is expected to be approximately 4-6 months. • 80% of participants will complete the ma}ority of their service objec8ves within 6 months. • 80% of participants will not re-offend witfiin 90 days of a successfuify closed case. • 65°~ of participants referred for employment services Qob placement) will become employed. Program Manager Responsibilities are anticipated to include the following tasks, among others: • Outreach and recruitment of targeted exoffenders, including attempts to contact ex-0ffenders identified by participating police departments. Recruitment efforts will be terminated after four unsuccessful attempts to establish contact with any particular individual. • Build community partnerships with service providers, businesses, residents, and other stake- hdders • Develop a treatment plan for participants and provide case management services • Facilitate ex-offenders' receipt of identified services/ supports to support successful reentry Note: Due to the innovative nature of this project, program parameters may be adjusted through a consensus of the re-entry team which consists of participating Weed 8 Seed Coordinators and 6oodwilt representatives. Program Resorts Invoices shall be provided monthly with salary amounts billed in installments while ancillary support services shall be billed on a reimbursement basis. The invoice shall be accompanied by a written programmatic report from the case manager which provides details on program activities including the following: • A listing of ex-offenders from Defray receiving services during the reporting period, and the total number of participants served from target area • A summary of services provided • Itemized cost of services Description of problems encountered and proposed solutions as well as any anecdotal evidence of program success Participant exit status (successful /forced exit indicating reason) Program Budget $70,730.00 to provide services to returning ex-offenders. Funding shall be allocated as follows: (To be provided on a reimbursement basis) Program Manager .8 $25, 792.00• t' a b M ~idegdr htEYeddrwmn p1%o/ Alenegels sway rill be ~6y Qly of Defray Beech. Ranerrang 10%peid by Cifyof West PeM Beach) Benefds $ 5, 900.00 531,692.00 Mileage Professional Development Cell Phone Laptop Computer Support Services Indirect Costs (5°k of contract) Staffing Support: Ancillary Support services: $24,500.00 (To be provided on a reimbursement basis) this may include, but are not limited to: • Substance abuse treatment • Job Placement Assistance 546,230.00 • Job training (including on-the-job training and technical certifications) • Transitional Housing Assistance (first 30 days; mitigating circumstances and eligibility will be considered on a case by case basis determined by a consensus of re-entry team) • Transportation Assistance (bus passes) • Emergency services such as: obtaining Copies of identification cards, interview clothing, etc. $2,400.00 $1,500.00 $ 600.00 $1,000.00 $6,000.00 $3,038.00 Total Budget::70,730.00 ~~K MEMORANDUM TO: Mayor and City Commissioners FROM: CATHERINE M. KOZOL, ASST. CITY ATTY. POLICE LEGAL ADVISOR THROUGH: SUSAN RUBY, CITY ATTORNEY DATE: November 15, 2007 SUBJECT: AGENDA ITEM #. -REGULAR COMMISSION MEETING OF NOVEMBER 20 2007 POLICE AND_F_I_R__E_COMMUNICATION AGREE_MENT/TOWN OF GULF STREAM. FLORIDA ITEM BEFORE COMMISSION A Police and Fire Communications Contract with the Town of Gulfstream. BACKGROUND This is a contract for Police and Fire Dispatch Services wherein the Delray Beach Police Department is to provide dispatch services to the City of Gulfstream. This contact continues a service that has previously been provided. FUNDING SOURCE The Town of Gulfstream will pay the City $42,970.00 for use of the dispatch system. RECOMMENDATION Staff recommends approval. ~~ POLICE AND FIRE COMMUNICATIONS AGREEMENT THIS AGREEMENT, entered into this 1st day of October, 2007, by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "City' and the TOWN OF GULF STREAM, FLORIDA, a municipal corporation, hereinafter referred to as "Town", WITNESSETH: WHEREAS, the Town desires to entered into an agreement with the City in order to obtain Police and Fire Dispatching and Communications Services from the City. NOW, THEREFORE, the City and the Town in consideration of the mutual promises and benefits hereby agree as follows: Section 1. Effective Date: This agreement is to become effective upon the date written above. Section 1. Termination Date. This agreement shall commence for a one (1) year period on October 1, 2007 and shall automatically continue for five (5) one (1) year renewal periods unless either party notifies the other in writing of their intent not to renew. Such written notice must be provided at least ninety (90) days prior to the start of the renewal term. The agreement shall terminate on September 30, 2012. Section 3. Payment of Service Fee. A. The City is currently providing police and fire communication services to the Town and the Town is paying a fee to the City for these services. For the fiscal year commencing October 1, 2007 and ending September 30, 2008, the payment shall be 1 adjusted from the previous year in an amount based upon the "All Urban Consumers- United States" April Consumer Price Index. B. For the fiscal year commencing October 1, 2007 through September 30, 2008, the Town and the City agree that the service fee shall be an agreed upon fee of $42,970.00. The service fee for the fiscal year 2008/2009 and each year of the Agreement thereafter, shall be adjusted from the previous year in an amount based upon the "All Urban Consumers-United States April Consumer Price Index (CPI)". The projected annual service fee adjustment will be reported to the Town Manager of the Town on or before July 15th of each year. The service fee shall be paid to the City by December 315` of each year for that fiscal year beginning October 15t Section 4. City's Resaonsibilities. The City shall provide dispatching and communication services to include: a. Radio dispatching of police, fire and emergency medical services (EMS) emergency calls. b. Radio dispatching of non-emergency calls. c. City Communications Dispatch will dispatch a Town police officer to all police, fire and medical calls. If a Town police officer is unavailable due to another priority call, he/she will be made aware of the pending police, fire or medical call and its location. d. Electronically recording and maintaining radio transmission for thirty (30) days. 2 e. Access to information from Palm Beach Sheriffs Department's P.A.L.M.S. Computer System and the State F.C.I.C. and Federal N.C.I.C. Computer Systems via radio or telephone voice transmission. f. City will make entries, cancellations and/or modifications into NCIC/FCIC on behalf of the Town. All copies of said reports and/or supplemental reports must be made available to Town's officers at all times for hit confirmation purposes; this is in accordance with FDLE validation requirements. g. Recording and maintaining for two years a daily Computer Aided Dispatch (CAD) log to include a numerical call identifier and also containing the following information: 1. Type of call or incident; 2. Date and time of call or incident; 3. Location of incident; 4. Complainant or caller's name; 5. Name or other identifier of the assigned or responding officer. h. The Communications Manager will assist Town officers in obtaining their FCIC Limited Access Certifications and re-certify them every two years as required. The Town is responsible to insure that all their officers are in compliance with recognized certifications and FDLE standards. Section 5. Performance Standards. A. Calls for road patrol response will be prioritized into three (3) categories. 3 1. Priority 1 -Emergency: Any threat to life or danger of serious physical injury or major property damage. Any felony or violent misdemeanor where the suspect has remained at the scene or may be apprehended in the immediate area. Priority 1 calls include: (1) Alarms that are received as Silent, Panic, or Financial Institution alarms and (2) Major traffic accidents with extensive injuries. a) Dispatch times for Priority 1 calls: Emergency calls will be dispatched without delay to the nearest unit to the call location. The dispatcher has one (1) minute from the time received to dispatch a priority 1 call. 2. Priority 2 -Urgent: Any incident currently in progress that does not represent a significant threat to life or property. Priority 2 calls include: (1) Audible alarms; (2) Motor vehicle accidents that originally occurred in a roadway or are still blocking traffic and have unknown injuries; (3) Incidents with suspect information or where immediate follow up is required. a) Dispatch times for Priority 2 Calls: 4 Urgent calls are of a less serious nature and may be held no longer than five (5) minutes from the time the call is received, unless a road supervisor approves a longer delay. 3. Priority 3 -Routine/Delayed. Any incident/request not in progress involving minor offenses or when the complainant had delayed reporting for more than one hour. Priority 3 calls include: (1) Parking lot accidents with no injuries; (2) Any incident involving non-criminal maters or requests for service, (3) Any incident where there is no likelihood of apprehending the offender; (4) No initial investigation is possible because the complainant is not at the scene; (5) Any complaint for insurance purposes; (6) Lost of found property; (7) Abandoned or illegally parked vehicles. (a) Dispatch times for Priority 3 calls: Routine/Delayed calls may be held for a maximum of thirty (3) minutes before a road supervisor must be advised. The complainant is to be advised of the delay and give an approximate time for the officer to arrive. These calls should be given out as soon as a unit becomes available. B. Dispatch Times. 5 1. The Dispatch times stated in Section A shall be measured from the time a call is received by the dispatcher to the time the dispatcher notifies Town police personnel. 2. The Dispatch times stated above shall be the expected performance standards under this Agreement. However, both parties at exceptions to these times may occur periodically. Accordingly, it is not the intention of this Agreement that a failure to dispatch a call within the stated time period be regarded as a breach of this Agreement. Rather, it is the intention of this Agreement that all exceptions to the stated times be reviewed and all necessary and appropriate follow-up actions be taken to prevent future exceptions, where they can be avoided. 3. The above notwithstanding, nothing in this section shall release either party from the provisions of Section 11 of this Agreement where dispatch times are concerned. C. Monthly Reports: At least once each month, the City shall generate and make available to the Town, a Dispatch Activity Report listing all Town calls from the date of the previous report. The report shall include the times that all calls were received, the times they were dispatched, the times the police officer and/or Fire Department arrived on the scene, and the time the call was cleared. Section 6. Service Complaints. In the event a service complaint is received, the complaint shall be handled pursuant to one of the following resolution processes: A. Informal Resolution Process: Informal Service questions, problems or complaints by either party may be initiated via aface-to-face meeting, telephone 6 conversation, facsimile transmission or in writing. The recipient of the question or complaint shall then respond in a like fashion or in a manner otherwise agreed to at the time the question or complaint is initiated. A reasonable response time to the complaint also shall be agreed to at the time of initiation. Questions and complaints directed to the Town shall be directed only to the Chief of Police or his/her designee. Questions and complaints directed to the City shall be directed only to the Police Department's Communications Manager/ Director of Support Services. Further, it shall be the responsibility of the recipient to personally respond to the initiator unless another respondent is agreed to at the time of initiation. B. Formal Resolution Process: Formal service questions, problems or complaints by either party shall be made in writing. Within thirty (30) working days of receipt of a complaint, the complaint shall be fully reviewed and a response rendered noting the corrective actions taken, if any. To expedite resolution of a complaint, both the initial written complaint and d the response may be sent via facsimile transmission. Complaints and responses shall only be addressed to and from the following individuals: City of Delray Beach Police Director of Support Services 300 West Atlantic Avenue Delray Beach, FL 33444 Town of Gulf Stream Chief of Police 100 Sea Road Gulf Stream, FL 33444 Section 7. Meetings. At least once each year, the City Police Director of Support Services, the Communications Manager and the Town Chief of Police or their 7 designee shall meet to review and discuss the terms of this Agreement and to recommend to their respective City/Town Manager any revisions, additions or deletions. Upon mutual agreement, the City/Town Managers may change the provisions of Sections 5, 6 and 7 (Performance Standards, Service Complaints, Meetings). Changes shall be in writing signed by both parties and attached as an Amendment to this Agreement. No other provisions of this Agreement may be amended without the approval of the governing bodies of both parties. Nothing in this Section or Agreement shall prohibit or discourage additional meetings as may be necessary or desired by either party from time to time. In addition, nothing herein shall prohibit or discourage meetings between staff members of both parties other than those specifically referenced in this Agreement. However, no staff member of either party may interpret, revise, amend or delete any provision of this Agreement except as provided herein. Section 8. Investigations, Discussion and Negotiation for Future Both parties recognize and agree that internal and external influences may cause the City to investigate and pursue alternative communications operations including, but not limited to, sharing, merging or transferring operations with another community or entity. The City agrees to inform the Town of all ongoing investigations, discussions and negotiations concerning alternative communications operations and invites the Town to fully participate in same. Furthermore, the Town understands the 800 MHz radio system is tied into the Palm Beach County radio system by means of a central "Smart Zone" switch. The Town agrees to restrictions on the utilization of County Talk Groups limiting use to mutual aid situations with Palm Beach County. The Town also 8 agrees to the terms and conditions set forth in the interlocal agreement, and any amendments thereto, between Boynton Beach, Boca Raton and Delray Beach, known as the "South Palm Beach County Public Safety Communications Cooperative" and Palm Beach County. Specifically, the Town agrees and understands that Section 9 and Section 15.06 of that Interlocal Agreement, as amended, are hereby incorporated in their entirety into this Agreement. Further, the City hereby agrees that it will not pursue alternative communications operations that would not include the Town without the written consent from the Town Manager. Section 9. Town Responsibilities. The Town shall be responsible for maintenance of all radios or equipment purchased by the Town, providing maintenance and repairs as needed through a Motorola subcontractor. Section 10. Additional Services. By way of this Agreement, the City shall provide only communication services and dispatching services except that the City may unilaterally add any communications, dispatch, mobile data, information or record keeping services that enhances the City's ability to provide that service to its own service area. The Town shall conform to those procedures and policies necessary to assure that the communications and records keeping for the Town's service area are in harmony with the communications and records keeping of the City and assure compliance with Public Records Law. In the event that the City is capable of providing enhancements or additions to law enforcement and communications services which are not unilateral and the Town wishes to avail itself of such additions and enhancements the Town may, upon mutual 9 agreement with the City, amend Section 4 of this Agreement which may necessitate a negotiated agreement by the City to Section 3 of this Agreement. Section 11. Hold Harmless. The City, its officials, agents or employees in providing dispatch and communications services, shall not be deemed to assume any liability for acts, omissions or negligence of the Town, its employees, agents or officials. In consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, the Town shall hold the City harmless and shall defend them against any claims for damages resulting from acts, omissions or negligence of the Town, its officials, agents or employees, subject to the provision of Florida Statutes Section 768.28. All liability for injury to personnel and for loss of or damage of equipment incurred in connection with this agreement, or in the performance of services or functions pursuant thereto, shall be borne by the City or the Town employment such personnel or owning such equipment, and the Town shall carry sufficient insurance to cover all such liabilities. Section 12. Termination of Aareement by the Town. The Town may terminate this Agreement at any time following sixty (60) days written notice to the City. After the effective date of said notice, both parties will be relieved of any further obligations under this Agreement except nothing herein shall be construed to impair the obligation of any contract then in effect in which the Town and the City are a party or to relieve the Town or the City of any liability for its negligence or the negligence of their respective employees occurring while this Agreement is in effect. If the Town should terminate the agreement as herein provided and prior to September 30, 2012, the applicable payment referred to in Section 3 shall be refunded on a pro rata basis. 10 Section 13. Termination of Agreement by the City. The Town may terminate this Agreement at any time following sixty (60) days written notice to the City. After the effective date of said notice, both parties will be relieved of any further obligations under this Agreement except nothing herein shall be construed to impair the obligation of any contract then in effect in which the Town and the City are a party or to relieve the Town or the City of any liability for its negligence or the negligence of their respective employees occurring while this Agreement is in effect. If the City should terminate the agreement as herein provided and prior to September 30, 2012, the applicable payment referred to in Section 3 shall be refunded on a pro rata basis. Section 14. Agreement Not Assignable. The Town shall not assign this Agreement. Section 15. Venue. All disputes arising from this Agreement shall be settled in a Court of competent jurisdiction with venue to be in Palm Beach County, Florida. Section 16. Notices. All notices provided for in this Agreement shall be in writing and either hand delivered or sent by certified or registered mail to the party to be notified at the following respective addresses which may be changed by written notice only. City Office of the City Manager City of Delray Beach 100 N.W. 1g~Avenue Delray Beach, FL 33444 Town Office of the Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33444 11 Notice given by or to the attorney of either party shall be as effective as if given by or to said parry. Section 17. City Retains Exclusive Control. The Ciry shall retain exclusive control over all equipment and personnel used in providing the services in accordance with this Agreement, except for any radios or accessories purchased by the Town. Section 18. Citv's Riaht to Limit Access. The City shall have the right to limit, direct or deny access, to individual representatives of the Town, to information and communications capabilities provided in Section 4, when such access has been used in violation of Florida Statutes, in violation of the City, County, State or National directives and procedures governing the acquiring use of sensitive information and equipment, or when such access may jeopardize the City's law enforcement effort or the representative is found to be a security risk. IN WITNESS WHEREOF, the parties have caused these presents to be signed by the duly authorized officers on this ATTEST: Chevelle Nubin, City Clerk day of November, 2007. CITY OF DELRAY BEACH, FLORIDA Rita Ellis, Mayor APPROVED AS TO FORM: Catherine M. Kozol, Asst. City Attorney ATTEST: Town Clerk CITY OF GULF STREAM, FLORIDA 12 Mayor MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: JOSEPH M. SAFFORD~'INANCE DIRECTOR THROUGH: CITY MANAGER ~~ DATE: 11 /8/07 SUBJECT: AGENDA ITEM # -REGULAR MEETING OF NOVEBMER 20, 2007 PROFESSIONAL COLLECTION SERVICES ITEM BEFORE COMMISSION To approve an agreement between the City and Penn Credit Corp to provide professional collection services. BACKGROUND The City previously used a collection agency (Law Enforcement Systems Inc.) for delinquent pazking tickets. LES did not want to renew their contract with the City; therefore RFQ #2007-44 was initiated for collection services. A review committee consisting of Bob Bazcinski, Capt. Mazk Davis, Milena Walinski, Dawn Delaney and myself, evaluated the proposals and selected two (Linebazger Goggan Blair & Sampson LLP, Attorneys at Law and Penn Credit Corp.) for an in- depth interview. These two firms were the only ones who responded to all of the City's evaluation criteria. Although fee structure was one of the evaluation criteria, equal weight was given for client satisfaction, government experience and collection success rate. Based on that interview, Penn Credit Corp. was selected. Penn Credit's fee will be 18% of the collections. The initial thrust of collection activity will be in the Pazking Ticket area. All accounts 60 days overdue will be turned over to collections. The fee is 18% net of collections. Delinquent pazking ticket revenue will fund the collection activity. RECOMMENDATION Recommend approval of agreement between the City and Penn Credit Corp. for professional collection services. 8~. AGREEMENT BETWEEN CITY AND PENN CREDIT CORPORATION THIS AGREEMENT made this day of , 2007, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and PENN CREDIT CORPORATION (hereinafter called CONTRACTOR). WTTNESSETH: WHEREAS, the CITY prepared a Request for Qualifications (KFQ #2007-44) for Professional Collection Services for Delinquent Parldrtg Fine Accounts; and WHEREAS, the CONTRACTOR submitted a Proposal to the CITY and was selected by the CITY as the best and most qualified applicant; and WHEREAS, the CITY and CONTRACTOR have negotiated mutually satisfactory terms for the execution of this Project. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements hereinafter contained, the CITY hereby engages the CONTRACTOR for Professional Collection Services for the Project in accordance with the following: 1. CONTRACTOR agrees to provide for the collection of CITY'S delinquent parking fines in accordance with the Fair Debt Collection Practices Act by performing both routine (including phone contact and letters) and skip tracing collection services. 2. CONTRACTOR agrees to maintain a trust account sepazate from the CONTRACTOR'S operating account into which all debtor payments shall be deposited on behalf of the CITY. 3. CONTRACTOR agrees to provide and remit to the CITY, on a monthly basis, the following: a) The amount collected for the month minus eighteen percent (18%); and b) A report summarizing the accounts collected for the month and the date of payment. 4. CONTRACTOR may accept partial payments and negotiate settlement amounts due to special circumstances. 5. CONTRACTOR agrees to accept hard copy or electronic information pertaining to delinquent accounts fumed over for collections. The CITY will transfer delinquent account data via electronic format or compact disc but reserves the right to transfer via hard copy if necessary. 6. CONTRACTOR is responsible for picking up data transferred via hard copy from the CITY or shall provide the CITY with return mailers. The costs of these services will be borne by CONTRACTOR. 7. CONTRACTOR agrees to process delinquent accounts fumed over by the CTI'Y for collection of past due amounts. Only accounts more than sixty (60) days overdue will be fumed over to CONTRACTOR. The CITY'S Director of Finance, or hisJher designee, reserves the right to determine which delinquent accounts aze turned over to CONTRACTOR for collection. 8. CONTRACTOR agrees that all invoicing and reporting systems will be computerized. 9. CONTRACTOR agrees that for select accounts CONTRACTOR may be requested by CITY to report collection activity on each regular business day of accounts received on the previous day(s). This shall be provided to the CTI'Y by a-mail or other acceptable form of 2 communication so that CITY may clear any tag freeze with the Department of Highway Safety and Motor Vehicles (DHSM) or immobilization lists. 10. CONTRACTOR shall notify the CITY within thirty (30) days of a change in ownership or management. 11. CONTRACTOR agrees to seek the CITY'S approval for all written correspondence to debtors. 12. CONTRACTOR will take eighteen percent (18%) of the collections each month as payment prior to submitting the balance of the collections to the CITY. CONTRACTOR acknowledges that the contract price includes all costs and expenses required for the satisfactory completion of collections as required herein. 13. CITY reserves the right to suspend collection activity on any debtor upon written notification to the CONTRACTOR. 14. The Contract between the CITY and the CONTRACTOR shall include the following documents which are attached hereto and incorporated herein by reference: CONTRACT DOCUMENTS Agreement Corporate Acknowledgment Certificate of Corporation Specifications 15. The term of this contract shall commence upon execution by both parties and extend until three (3) years from the date of the execution of the contract. The City Manager may renew the contract, at the same terms, conditions and price(s) for two (2) consecutive terms of one (1) year. 3 16. This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 17. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses to: As to City: City of Delray Beach, Florida Attn: Finance Department 100 N.W. 1st Avenue Dekay Beach, Florida 33444 As to Contractor: Penn Credit Corporation 916 South 14s' Street Harrisburg, PA 17104 18. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 19. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, agreements and obligations contained in the contract documents. 20. The CONTRACTOR, for good and valuable consideration shall indemnify, defend and save harmless the CITY, its officer's agents, and employees, from or on account of any claims, damages, received or sustained by any person or persons resulting from CONTRACTOR'S work; or by or in consequence of any negligence in connection with the same; or by or on account of any act or omission of the said CONTRACTOR or his subcontractors, agents, servants or employees. CONTRACTOR agrees to defend, indemnify and save harmless the CTI'Y, its officers, agents and employees, against any liability arising from 4 or based upon the violation of any federal, state, county or city laws, by-laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR fiuther agrees to defend, indemnify and save harmless the CTI'Y, its officers, agents, or employees from all such claims, fees, and from any and all suits and actions of every name and description that may be brought against the CITY or its officers, agents or employees on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY, its officers, agents, or employees for the infringement of any and all patents or patent rights claimed by any person, firm or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY, its officers, agents, or employees which may result from the operations and activities under this contract whether the work be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. 21. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the OWNER. 22. This Agreement may be terminated by cause by either party upon seven (7) days advanced written notice of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. CITY shall have the right to terminate this Agreement or suspend performance thereof without cause upon fourteen (14) days written notice to CONTRACTOR, and CONTRACTOR shall terminate or suspend performance of services 5 on a schedule acceptable to the CITY or at the end of the fourteen (14) day period, at the option of the CITY. In the event of termination or suspension, the CITY shall pay CONTRACTOR for all services performed through the date of notice of termination or suspension. CONTRACTOR shall provide CITY with complete file of all accounts notified, up to the termination date, which remains unpaid. 23. The CONTRACTOR shall furnish, on an annual basis, as required by the CITY an audited financial statement of CITY collection activity. 24. The CONTRACTOR shall notify the particular contact person for the CITY as determined by the CITY and based upon the information required. 25. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: City Clerk CTTY OF DELRAY BEACH, FLORIDA Rita Ellis, Mayor Approved as to Form: City Attorney WITNESS: (Print or Type Name) PENN CREDTf CORPORATION: By: (Print or Type Name and Title) 6 CORPORATE ACKNOWLEDGMENT STATE OF COUNTY OF 'The foregoing instnunent was acknowledged before me this day of 200_ by (name of officer or agent, title of officer or agent) of PENN CREDIT CORPORATION, a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public Print, Type or Stamp Name of Notary Public CERTIFICATE (if Corporation) STATE OF ) SS COUNTY OF ) I HEREBY CERTIFY that a meeting of the Board of Directors of adopted: a corporation under the laws of the State of held on , 200_ the following resolution was duly passed and "RESOLVED, that as President of the corporation, he/she is hereby authorized to execute the Agreement dated 200, between the City of Dehay Beach, Florida, and this corporation, and that his execution thereof, attested by the Secretary of the corporation and with corporate seal affixed, shall be the official act and deed of this corporation". I further certify that said resolution is now in fiill force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this _ day of 200_. (Secretary) MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attomey ~~ DATE: November 15, 2007 SUBJECT: AGENDA ITEM #I -REGULAR COMMISSION MEETING OF NOVEMBER 20, 2007 AMENDMENT TO THE INTERCONNECT AGREEMENT WITH PALM BEACH COUNTY ITEM BEFORE COMMISSION The item before the Commission is an amendment to the Interconnect Agreement between the City and Palm Beach County dated May 8, 1990. BACKGROUND The attached amendment provides for an extra interconnect between Palm Beach County and the City at Ferndale Drive and Military Trail; revises the fees for water charges; and revises the remedies each party shall have against the other party. RECOMMENDATION Staff recommends approval of the amendment. 8.~ This First Amendment is made and entered into this day of 200_, between the City of Delray Beach (hereinafter referred to as "City" and Palm Beach County, a political subdivision of the State of Florida (hereinafter referred to as "County" to wit: WHEREAS, the City and County previously entered into an agreement relating to an emergency potable water interconnect dated May 8, 1990 (County Resolution No. R90- 758D) (hereinafter referred to as "Agreement"); and WHEREAS, the City and County desire to amend the Agreement to make provision for an additional emergency interconnect location, as well as amend other provisions of the Agreement. NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, it is agreed: 1. The foregoing statements are true and correct and are incorporated herein by specific reference. 2. Paragraph 3 of the Agreement is hereby replaced in its entirety with the following: Water shall be supplied through two (2) interconnection points, one located at Linton Boulevard west of Military Trail, as shown in Exhibit A attached hereto and incorporated herein, and one located at Ferndale Drive and Military Trail, as shown in Exhibit B attached hereto and incorporated herein. The design of the interconnection shall be approved for the County by the Director of the Wafer Utilities Department and for the City by the City Manager. The County shall bear all costs of designing and constructing pipeline, including the crossing of Military Trail. The County shall bear the cost of constructing the interconnect itself, including required vault, meters, valves and appurtenances. 3. Paragraph 4 of the Agreement is hereby replaced in its entirety with the following: 4. Charges for metered water use through the interconnection shall be at the lowest prevailing commodity rate in effect for non-residential customers at the time of furnishing the water with no capacity or fixed charges. The County commodity rate in effect as of October 1, 2007, is $ 1.00 /thousand gallons. The City commodity rate in effect as of October 1, 2007 is as set forth in its ordinances and based on the usage rate. Either rate is subject to change based on legal authority of the appropriate governing body. When water is utilized, the meter or meters shall be read concurrently by the City and the County on approximately the first of each month. Payment by the user to the supplier for water consumed shall be within thirty (30) days after furnishing of monthly bills. 4. Paragraph 5.e. of the Agreement is hereby replaced in its entirety with the following: 5.e. The supplying party may place an automatic expiration date upon the emergency supply period which may be extended only by the City Manager for the City and the Director of Water Utilities for the County. If either party requires the provision of potable water on a more permanent basis, and such water is available, the parties agree to amend this Agreement or enter into a new Agreement to establish capacity fees and commodity fees for the sale and purchase of bulk potable water. 5. Paragraph 8 of the Agreement is hereby replaced in its entirety with the following: 8. It is understood that either party shall have the right to institute and prosecute any proceeding at law or in equity against the other party for violating any covenant or covenants contained in this Agreement. Proceedings may be initiated against the violating party, its heirs, legal representatives or assigns, for a restraining injunction and also for damages. In no case shall a waiver by either party of the right to seek relief under this provision constitute a waiver of any other or further violation. 6. All other provisions of the Agreement dated May 8, 1990, are hereby confirmed and, except as provided herein, are not otherwise altered or amended and shall remain in full force and effect. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature. ATTEST: SHARON R. BOCK, CLERK & COMPTROLLER PALM BEACH COUNTY, BY ITS BOARD OF COUNTY COMMISSIONERS By: Deputy Clerk By: Addie L. Greene, Chairperson (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED AS TO TERMS AND CONDITIONS By: County Attomey ATTEST: City Clerk Approved as to Form: By: Director of Water Utilities CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor City Attorney V ~qs daces VERDES a 3 W a L I N T O N B O U L E V A R D CANAL L-36 ;ir of 0 Y Q PALM BEACH CO. ~ a INTERCONNECT U Q ......, OC _~. r r o- a r J O ~~ of .°1. ii, 2 !-- N ~DUDUDUJ CASA REAL :. I,. 1 ~~ CITY f DELRAY BEACH °""""5~°°' ® o EXHIBIT A E%111BIT A EMNRONA~ENTAL SERVICES DEPARTMENT t9{ BO{/fN BNRAON AVB{P OaMt BEAG!" Fl01OA 99M4 2007-200 m ~_ J ~ ~ ~ ~~ CANAL L-31 a ' ~ a MAGELLAN WAY W. ' ~ MAGELLAN WAY E. i5 VIA DELRAY J U ~ ° °~° _ ' BOLERO CIRCLE CORTEZ COURT ', '. ~ ~i Q ___ ~ H O POPPY PLACE ~ ~ k}/lPp 0! Q PLACE ~ y ~~, J O ?~~~ inn f ROAD ~ ~i i P TAL PLACE ~` P O ~ FERNDALE ~ DRIVE ~ ~ it ll ~ LAKE ' c ~ ~ _N_ NESTING WAY ~ N z ~. ...._....,r~.__ ~; ~, PALM BEACH CO. INTERCONNECT N.W ~~ 4 _.. __ Y~ CANAL L-32 __I N. __ yo,P I ® CITY of DELRAY BEACH DATE 11/15/2007 EXHIBIT B E%MIBIT B ENMRONMENiAL $ DEFARiT~ENT 2007-200 X94 BOVM11 BWNfON AVBAIE, CBMY BEAClt Pi.OIOA D0M4 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney ~. vv THROUGH: City Attorney DATE: November 13, 2007 SUBJECT: AGENDA ITEM # -MEETING OF_NOVEMBER 20, 2007 AMENDMENT NO.1 TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY AND CRA FOR CLEAN & SAFE PROGRAM FUNDING ITEMM_ BEFO_ RE COMMISSION The item before the City Commission agenda is an amendment to the Interlocal Agreement between the City and CRA for Clean & Safe Program Funding. BACKGROUND At its meeting of October 2, 2007, the City Commission approved the Interlocal Agreement between the City and the CRA for the Clean and Safe Program funding. The Agreement included a provision under Paragraph 4 which states: "The report shall be provided to the CRA Executive Director no later than five (5) days prior to the end of each quarter (December 31st, March 31st, June 30th, and September 30th)." The attached amendment modifies Paragraph 4 to state: "...The report shall be provided to the CRA Executive Director no later than ten (10) days after the end of each quarter (December 31st, March 31st, June 30th, and September 30th)..." Staff recommends approval of the amendment. S ~. AMENDMENT NUMBER ONE TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY AND CRA FOR CLEAN & SAFE PROGRAM FUNDING THIS AMENDMENT NUMBER ONE TO THE INTERLOCAL AGREEMENT FOR CLEAN AND SAFE PROGRAM FUNDING ("AMENDMENT") is made this day of 2007, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "CRA"). WITNESSETH: WHEREAS, the CITY and the CRA entered into an Interlocal Agreement for the Clean and Safe Program Funding on , 2007 (the "Original Agreement"); and WHEREAS, the CITY and the CRA desire to clarify the timing of the CITY's reporting obligations under the Original Agreement; and WHEREAS, the CITY and the CRA desire to amend the Original Agreement to provide for the CITY to provide quarterly reports to the CRA no later than ten (10) days after each quarter. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The CRA and the CITY agree to amend Paragraph 4 of the Original Agreement to read as follows: 4. Reporting: The CITY shall provide the CRA with a quarterly report documenting the CITY's expenditures related to the Clean and Safe Program, and the use of funds by the CITY. The report should detail police activity (i.e. number of arrests and type of arrests), code enforcement activity (number of citations issued), and maintenance i expenses. The report shall be provided to the CRA Executive Director no later than ten (10) days after the end of each quarter (December 31st, March 31st, June 30th, and September 30th). In the event the CITY fails to provide the required reports, the CRA will have the discretion to withhold payment of any funds until receipt of the report. 3. All other terms and conditions of the Original Agreement not in conflict with this Amendment Number One shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first above written. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Approved as to Form: City Attorney ATTEST: Diane Colonna, xecutive Director Rita Ellis, Mayor DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY By:~_~ Frank Wheat, air (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ~ day of /1/.:/~.iia2 2007, by ~iLR.v,. Ulnt.ar- ,aS ('y.~,,1~, y.J~ (name of officer or agent, title of officer or agent), of faR-•~s /3f,y~F, ~ ,~2 (name of corporation acknowledging), a !~o.n.,An- (state or place of incorporation) corporation, on behalf of the corporation. H_e/She is personally known to me or has produced Ica Ion as identification. ~dY JEAN MOOREFTELD ~ ,,..;~ MY COMMISSIONX DD1I3456 Not Public-State f Florida D ~ d0-0193 Hu~'~cc a'wvy 3orvica.com H:\2006\060018 DBCRAWGMT 2007Wmend 1 to ILA Clean and Safe.doc MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attomey ~/G~ DATE: November 13, 2007 SUBJECT: AGENDA ITEM #', . -REGULAR COMMISSION MEETING OF NOVEMBER 20, 2007 AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT BETWEEN THE CITY AND CRA FOR FUNDING CONSTRUCTION/PROFESSIONAL SERVICES ITEM BEFORE COMMISSION This item before the Commission is an amendment to the Interlocal Agreement between the City and CRA for Funding Construction/Professional Services. BACKGROUND At its meeting of October 2, 2007, the City Commission approved the Interlocal Agreement between the City and the CRA for funding of projects for Fiscal Year 07/08. Exhibit "A" of the agreement lists the projects and funding amounts for FY 07/08. However, the SW 120i Avenue /Auburn Avenue Beautification project was inadvertently excluded from the exhibit. The proposed amendment removes the approved Exhibit "A" and replaces it with a new Exhibit "A" which includes the SW 12ti' Avenue /Auburn Avenue Beautification project. RECOMMENDATION Staff recommends approval of the amendment. 6.N AMENDMENT NUMBER ONE TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING CONSTRUCTION/PROFESSIONAL SERVICES THIS AMENDMENT NUMBER ONE TO THE INTERLOCAL AGREEMENT FOR FUNDING OF CONSTRUCTION/PROFESSIONAL SERVICES ("AMENDMENT") is made this day of 2007, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "CRA"). WITNESSETH: WHEREAS, the CITY and the CRA entered into an Interlocal Agreement for the Funding of Construction/Professional Services on October 4, 2007 (the "Original Agreement"); and WHEREAS, in addition to the projects identified in the Original Agreement, the CITY and the CRA desire to include the SW 12th Avenue/Auburn Avenue Beautification project in the list of projects contained in Exhibit "A" of the Original Agreement; and WHEREAS, the CITY and the CRA desire to amend Exhibit "A" to the Original Agreement to include the SW 12th Avenue/Auburn Avenue Beautification project. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The CRA and the CITY agree to amend Exhibit "A" to the Original Agreement in order to include the SW 12th Avenue/Auburn Avenue Beautification project. Exhibit "A" to the Original Agreement is hereby amended as provided in Exhibit "A" attached to this Amendment. 4. All other terms and conditions of the Original Agreement not in conflict with this Amendment Number One shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on 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 ATTEST: P h Didl~ Colonna, Executive Director DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY Frank Wheat, Chair (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this c~.~t day of ~_.~~,„~t.~ ,2007,by_ ~ti~2r r2~;;=~i ,as ~r.~,2,,,~,~ (name of officer or agent, title of officer or agent), of 4 ~ ~ ?~ ,~ : ~~< ~~ C ,~ ~ (name of corporation acknowledging), a ~~~_~~ (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. .. _ ~as~~h .tiZC~C~.~ ,j a ""''v. 1FAN MOOREFIEID Notary Public - State o lorida MY C?MNISSION i DDH31J6 ~' DI~f• ,~FS:,~Mu~ H:120!)! t0~1"fd~ DBC. _ ,. 1 to ILA Const Prof Svcs.doc EXHIBIT A Fiscal fear 2007-2008 Projects Project Name Amounkof CRA Fundin A West Atlantic Avenue Beautification-SW/NW 6 Avenue toSWMW ]2' Av~ $1,500.000.00 B SE/NE 1°' Street One-wa Pair Conversion $ 200,000.00 C Gatewa Feature (FHBC Grant Landsca in) $ 350,000.00 D Cultural Loo /MLK Blvd $ 75,000.00 E Sunshine Park $ 160,000.00 F SE/NE 5 & 6' Avenue Federal Hwy Pairs -George Bush Blvd to SE 10' Street Tem o Modifications $1,000,000.00 G SW 14' Avenue Beautification -Street & Alle Im rovements $ 400,000.00 H Osceola Park $ 800,000.00 I Streets and Alley Improvements (SW 2nd Ave- Between Atlantic Ave & SW 1" St, USl & Dixie Connector) $ 502,000.00 1 SW 12' Avenue/Auburn Avenue Beautification -Street & Alley Im rovemcnts $1,200,000.00 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: R. BRIAN SHUTT, ASST. CITY ATTORNEY THROUGH: CITY ATTORNEY DATE: NOVEMBER 12, 2007 SUBJECT: AMENDMENT TO THE LEASE AGREEMENT REGARDING THE BOY SCOUT HUT ITEM BEFORE COMMISSION The item before the Commission is Amendment No. 1 to the Lease Agreement between the City and the Pioneer Boys Association, Inc. dated Apri17, 1999. BACKGROUND The attached amendment to the lease agreement with the Pioneer Boys Association provides that the leased area only encompasses the area directly under the boy scout but and not the entire park azea and that the scouts shall only be required to provide "pazticipants insurance" as obtained through the national Boy Scouts of America rather than formal liability insurance. This proposed amendment was discussed at the July 10, 2007 Commission meeting where direction was given to proceed with the amendment. The amendment has now been executed by the Pioneer Boys Association. RECOMMENDATION Staff recommends approval of Amendment No. 1 to the Lease Agreement between the City and the Pioneer Boys Association, Inc. AMENDMENT NO. 1 TO THE LEASE AGREEMENT BETWEEN THE PIONEER BOYS ASSOCIATION. INC. AND THE CITY OF DELRAY BEACH THIS AMENDMENT No. 1 to the lease agreement dated April 7, 1999 between the CITY OF DELRAY BEACH ("Lessor") and the PIONEER BOYS ASSOCIATION, INC. ("Lessee") is hereby amended this day of , 2007. WITNESSETH: WHEREAS, Lessor and Lessee entered into a lease agreement dated April 7, 1999; and WHEREAS, the parties wish to change the legal description of the lease to reflect that PBA shall only lease that property directly under the Boy Scout Hut; and WHEREAS, Paragraph 7 of the lease is amended in that Lessee is only required to have the "participants insurance" as provided through the national Boy Scouts of America. NOW, THEREFORE, the parties hereto in consideration of the covenants herein contained agree as follows: 1. Recitals. The recitals set forth above are hereby incorporated as if fully set forth herein. 2. Modification. The description of the leased property shall be changed to reflect that the leased property shall only encompass that property that is directly under the Boy Scout Hut (See Exhibit "A", attached hereto and incorporated herein). Furthermore, Paragraph 7 "Liability Insurance', is amended to reflect that the only insurance required of Lessee is the "participants insurance" as provided through the national Boy Scouts of America. 3. Entire Agreement. Except as modified by this amendment, the original agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed on the date written above. ATTEST: City Clerk CITY OF DELRAY BEACH By: Mayor, Rita Ellis Approved as to Form: City Attorney \.W,IpT~N-ESS\E^JSY EE OY AS OF A ION, C VIGTOQ~q ~1, n10W4A/J ~~(P~irint or Type Name) C~` a ~- ~.~-- .2~ Uti `~/~y (Pant or Type Name) 2 nL- SKETCH, & LEGAL DESCRIPTION THIS IS NOT A SURVEY LAKE /DA MANOR ADD, N0. 2, PB 25, PG 61 BEARING BASE), BASED ON HEELER WEAt~ER SKETCH P.O.C. .8938'29"W. 573.06 PROU/DED BY CLIENT NORTH LINE SOUTHEAST I/4 OF LOT 5 ~ SUB. SEC 8, TWP 46 S, RG 43 E, PB 1, PG 4 ~ r; N LEGEND R/W RIGHT OF WAY O.R.B OFF/CIA( RECORDS BOOK P.B. PUT BOOK PC PAGE P.O.C POINT OF COMMENCEMENT P.O.B POINT OF BEG/NN/NC P.O.T POINT OF TERMINUS C/L CENTER UNE 4i b !'1 S 89'45'24 "W. I' N.89'45'24"E' 143.10 °. l02.10~ ~ P.O.B. N.00'i 4'36"W. 32,1 S. 00'14'36 "E. \ 3, 277 SO FT. ~.) 0 S 89'45'24 "W. 102.10 ~~~ /Q ~O ~O a Q al \ W lI v ~~ N~ 7 O~ ~~ v ~m ~ ~W rn ~~ N O~ 4i 2~ rbj ~' N O ~ ~~ O ^i V1 A PARCEL OF UND LY/NC IN THE SOUTHEAST 1/f OF LO7 3, SUBO/NSION OF SEClILNL B, TONNSNM 46 SWTH, RANGE IJ EAST, AS RECORDED NI PLAT BOOK i, PACE I OF' IHE PUBLIC RECORDS OF PALM BEACH CWN/Y, F10R/OA, DESCRIBED AS FOLLOWS;' CCiVNFNGNG AT IHE MFERSECT/W a' ME NCRM LME ~ ME SgFMEAST III Df SAID LOT S ANO Tiff NE57 LME DF 7HE SOLIM 1/t DF INE NEST I,/1 tx LOT 11. S/BLYNSlW OF SND SECAD`/ $ MENCE Slg9t'34 L ALGWC SAID XESI GW£ tK TFIE SdJM :/a 6~ 111E NEST 1~1 G" LOT 11 A DISTANCE OF 111.]5 IEEE MENlY SB9Y5'1t'W. A WSTANCE Ll~ It1)0 FEET TO ME Pp'NT OF BF.CMNM'4; MENCE S.DDY I'J6"E. A 01STANCE OF J1.I0 FEET MENCf S8i 13II'W. A dSTANCF d' 102 t0 FEEi,~ MENCE NDO'11:T6'W. A DISTANCE' OF J2.10 FEET,' THCNCE N.89Y514'E A DISTANCE ~ 10210 TffT TD ME F'OMT LY BEDMNG CCNTANpNC .L2TT SQ FEE7 MARE OR LE55. BRUCE CARTER & ASSOCIATES, INC. SURVEYORS -PLANNERS 405 S.E. 6TH AVE. (SOUTH FEDERAL HIGHWAY) DELRAY BEACH. FLORIDA 33483 BOY SCOUT HUT PROPERTY DELRAY BEACH, FLORIDA SKETCH IS NOT VALID 'SS IT BEARS AN OF fLORlOA DATE 9-17-07 DRAWN BY BC f.B./ PG. NA SCALE NTS PAGE 1 OF 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Community Improvement Director Elizabeth Alpert, Neighborhood Services THROUGH: David Harden, City Manager DATE: November 14, 2007 SUBJECT: AGENDA ITEM # -REGULAR COMMISSION MEETING OF NOVEMBER 20 2007 AMENDMENT NO.2 TO BID AWARD/ 133 NW 5TH AVE. ITEM BEFORE COMMISSION Approval of Amendment No. 2 to the Tri-Party Agreement between the City, CRA, and Hatcher Construction and Development, Inc. BACKGROUND At the September 18, 2007 meeting Commission approved Amendment No. 1 to the Tri-Party Agreement between the City, CRA, and Hatcher Construction and Development, Inc. to provide for exterior improvements at 133 N.W. Su' Avenue. Subsequent to the execution of the amended agreement, it was identified that the execution date of the original agreement was indicated as November 6, 2006, when it should have been January 10, 2007. Therefore, the attached amendment (No. 2) to the agreement is to correct the original agreement date. FUNDING SOURCE N/A RECOMMENDATION Staff recommends approval of A mendment No. 2 to the Tri-Party Agreement between the City, CRA, and Hatcher Construction and Development, Inc. g.~ AMENDMENT N0.2 TO AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE COMMUNITY REDEVELOPMENT AGENCY FOR STATE HOUSING INITIATIVES PARTNERSHIP HURRICANE HOUSING RENTAL REHABILITATION PROGRAM THIS AMENDMENT N0.2 is made this _ day of 2007, by and between HATCHER CONSTRUCTION AND DEVELOPMENT, INC. (hereinafter referred to as the "Contractor"), the COMMUNITY REDEVELOPMENT AGENCY (hereinafter referred to as "Owner', and the CITY OF DELRAY BEACH, (hereinafter referred to as the "City"). WITNESSETH: WHEREAS, the City, Owner, and Hatcher mutually covenant and agree to amend and modify the Amendment No. 1 dated October 15, 2007, to the Agreement entered into on January 10, 2007 in order to provide for a correct reference date. NOW, THEREFORE, in consideration of the mutual covenants, stipulations and agreements herein contained, the parties hereby agree as follows: 1. The recitations referred to above are hereby incorporated herein. 2. 'The first WHEREAS clause of the Amendment No. 1 dated October 15, 2007, shall be amended as follows: WHEREAS, the City, Owner, and Hatcher mutually covenant and agree to amend and modify the Agreement entered into on January 10, 2007 in order to provide for exterior improvements to 133 N.W. Sm Avenue, based upon the architectural and construction plans prepared by REG Architects, the landscape plan prepazed by the City of Delray Beach, and the Work Write-Up prepared by the City of Delray Beach Community Improvement Division. 3. Paragraph 2 shall be amended as follows: 2. The third WHEREAS clause of the Agreement dated January 10, 2007, shall be amended as follows: 4. Paragraph 3 shall be amended as follows: 3. Article 3, "contract Price and Method of Payment' of the Agreement dated January 10, 2007 shall be amended as follows: 5. Paragraph 4 shall be amended as follows: All other terms and conditions of the Agreement of January 10, 2007 not in conflict with this Amendment No. 1 shall remain in full force and effect and are incorporated herein. 6. All other terms and conditions of the Agreement dated January 10, 2007 and other terms and conditions of the Amendment No. 1 dated October 15, 2007, not in conflict with this Amendment No. 2 shall remain in full force and effect and shall be incorporated herein. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first above written. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor Approved as to Form: (SEAL) City Attorney STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this _ day of 2007, by Rita Ellis as Mayor of the City of Delray Beach, a Florida municipal corporation on behalf of the corporation. She is personally known to me or has produced (type of identification) as identification. Notary Public - Sffite of Florida 3 ATTEST: Print Name: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA) Print ame: ~ASNK ~/1CK/- Title: ~'i/,ni2 err Jg.ti (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH ss: The foregoing instrument was acknowledged before me this cl ~h-day of NUrI C.M-/3 4s~ 2007, by ~iv+~.e !Nh[,o/ as Ct~,~„~ m ~ (name of officer or agent, title of officer or agent), of 1 Elti~ Q fit~~ C ~C1a- (name of corporation acknowledging), a ~~u,ol (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. r~ 1FAN MOOREF7ELD p MYCOIddf13S10N•DDIl3456 ~pl pow EXPIRES: lune1t, 20f6 l~lt~lna FloritlaNaao, B~NO~aam Notai blic -State of F ~rida ATTEST: HATCHER CONSTRUCTION AND DEVELOPMENT, INC. By: ~ ~m 1~~,~'-~ e: J Print Name: W' l \- «~, (~~(~ Title: oy k ti (SEAL) STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this ~ day of Nd ~ SAJ d cns 2007, by W ~ ~~ /a-~ err a: cNr.~- as P~~f~a tr % q(name of officer or agent, title of officer or agent), of /rarcN« ~~~%~w'o~y"a ~f'"`~~ ltnazne of corporation acknowledging), a ~ oq (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Notary ublic - State o orida y-~e'~ ~euv Mooxe~tmn ,~ ~ MYCOMML44IONfDDH3456 a, PXWRE4: Juue J2, Y109 (W~DR10169 Fwlh Rory 8rrbaoan MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Community Improvement Director Elizabeth Alpert, Neighborhood~~,S, e/rv~ices Administrator THROUGH: David Harden, City Manager ~%/~/ DATE: November 14, 2007 SUBJECT: AGENDA ITEM #~ -REGULAR COMMISSION MEETING OF NOVEMBER 20 2007 BID AWARD - 135 NW 5TH AVE. ITEM BEFORE COMMISSION Approval is requested to award bid to Stuart and Shelby Development as lowest responsive bidder for renovations to 135 NW 5th Avenue. BACKGROUND At the August 7, 2007 meeting, Commission approved an Interlocal Agreement between the City and the CRA for oversight of renovations to 135 NW 5th Avenue, a CRA owned mixed- use building. Under the agreement, the CRA agreed to provide all funding necessary to complete the renovations, while the City agreed to oversee construction of the project including the work write-up, bid process, inspections, payments to contractor etc. The bid opening date for this project was October 9, 2007, in which Stuart and Shelby Development was the lowest responsive bidder. An error in Stuart and Shelby's bid document was identified by the Neighborhood Services Division. Total project cost submitted by Stuart and Shelby was $553,236; however when line items were totaled by staff the total project cost submitted was $554,323. The contractor was notified and bid document and bid bond check were corrected to reflect the total cost of $554,323. Approval is requested from Commission to waive this bid irregularity so that bid may be awarded. FUNDING SOURCE CRA 118-1930-554-49.19 Staff recommends that Commission approve, by separate motions, 1). the request to waive the g~ ~~. irregulazity identified in the bid from Stuart and Shelby and 2). the bid award to Stuazt and Shelby for renovations to 135 NW 5th Avenue. CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DMSION HOUSING REHABILRATION PROGRAM BID INFORMATION SHEET BID #: 200&O6 APPLICANT: CRA PROJECT ADDRESS: 135 NW 5th Avenue DATE OF LETTERS: 09104/07 DATE OF OPENING: 10/09/07 GENERAL CONTRACTORS East Coast Construction Hatcher Construction Mouw 8 Associates Randolph & Dewdney Stuart & Shelby Development No Bid Bond Iln•House Estimate CONTRACTOR AWARDED CONTRACT: BIDICONTRACT AMOUNT $ 554,323.00 FUNDING SOURCE: Community Redevelopment Agency Account# 118-1930-554-09.18 BID AMOUNT Na Bid $ 700,100.00 $ 609,800.00 $ 792,684.89 $ 554,323.00 $ 438,690,55 Stuart & Shelby Development COMMENTS: LOweSf biddef wa3 awafded Cnm~nunity Develoament Tai ision 100 NW Ist Avenue, Delray $each, FL 33444 'hone:561-243-7280 Fax: 561-243-7221 cd bg@mydelraybeach. com ~-. Work Write-up Case Number: CRA Condos Sze c'!c ~~ tact -tvt~-I per BID TOTAL $: ~'C' SH7, H~Z.m 'Property Information: B1D OPENING DATE 0 135 NW 5th Avenue Delray Beach FL 33444- CONTRACTOR INFORMATION Name: j~{-artx,~-.f_S~.Loc , cn~v.a.taAv~..es:1S! Address: .Sj ~,7a+ 5. Ctmas~ ~ ALha _ Owner: ~tae.,ad, Iiar.cL. ~ 33t/ /s` Community Redevelopment Agency 20 N Swinton Avenue Delray Beach FL 33444- voice: '~' - b 37 - 74oZ Phone: (561)243-7280 Fax: ~' ~ ~ ~ ~~~ Mobile: (561)573-9507 email: G7+.aV6 er., ~ l~eltSwiG , er~< .This project is a two story mixed structure which contains 1750sf of commerical space on the first floor, 4 resindential units with 2 bedrooms and 1 bathroom. One residential unit is on the first floor and three are on the second floor.. Complete building is to be fully refurbished and modernized. MIXED USE -BUSINESS GROUP-B /RESIDENTIAL GROUP-2 TYPE CONSTRUCTION -III, UNPROTECTED, UNSPRINKLERED The drawings are the primary guide to construction and the write up is only supplemental giving guidance. All bids wilt be turned in with a production schedule. Printed on: 8/31!2007 4:54:43 PM Page# 1 of 7 Contractor Bid CaB. CRA Condos Exterior ~ Main Structure ~ Single family ~ Exterior Side Vlralls 0040010004 600 SF. 0 $ 3, ba°'`3O Install Masonry Wall Install masonry block wall on approved footer to code according to drawings (Reference S-] ). Install reinforcing every third course and piers as required by local codes. Cap block shall be solid. SVike every joint to be concave. 2 007 0100025 42 NO 0 $ 39, $ S3 • m Install New Windows Install new correspondingly sued hurricane impact windows according to drawings (Refer to A11 fot elevations and A-7 for details). All bedroom windows to have one (1) egress sized window. Bathroom windows shall have obscured tempered glass. All interior and exterior wall repair to be included. Caulk as necessary. 0010090006 12 EA Install Prehung Exterior Door - Remove and replace front and reaz entrance doors according to drawings (Reference A-7). Provide and install factory flung l-3/4" raised paneUmetal clad/foam core door complete with keyed lockset and trim both sides, dead bolt, vinyl bubble weather stripping, and aluminum threshold. Make all necessary wall repairs and install peephole in living room door. ' ' 0100020001 4200 SF i;0 Paint Building Complete , Paint building according to drawings (Reference A-1). Inspections are required between applications. Owner to select color. - _ age# 2 of 7 Printed on: 8/31 /2007 4:54:43 PM $ S~b'1, oc7 3, 5ya,ao 0020010003 0 $ IX~.Od Pour Columns Dig and pour footer and columns according to drawings (Reference S-I) .Remove all debris to solid ground psior to 0040030001 6300 SF 0 $ ~(,Z63_do Stucco Prepare walls complete then apply stucco to buildings Install lath and two coats of stucco to a minimum of 5/8". Site 7 1 0 $ Zto 3H7.~ Demolish to Pfan Demolish interior acrd exterior to drawings (Reference D-1) ,this includes all haul off to approved waste sfte. 8 0020040008 128 SF 0 $ `'~~'/~'~ Install Concrete Landings Pour 4" slab walk way per drawings (Reference S-I) on second floor landing to accept new pre cast stairs. 421f 0 $ /~ 317•a+ Install Decorative Fence Piers/Cotums Provide and install al! decortive fence colums and piers per drawing (Reference SP-1) 10 3 ea 0 $ //•~/Z.oJ Install Decorative AIC Gates - Provide and install 6' decorative lance around A!C units (Reference A 4) 11 0080020005 1 EA 0 ~ ~,~ t ' °O Install Landscape Obtain permit then grade, level front and side yards. Provide and install all plant material per attached plan. Sod and water until turned over to owner. (Pmnt to street, sides to property line). Contractor Bid Ca~ CRA Condos ~ age# 3 of 7 Printed on: 8131!2007 4:54:43 PM 12 0020040001 1025 SF 0 $ Z,~71.0~ Install Side Walk Pour 4" concrete walk on a 4" gravel or sand base as per drawings (Reference SP-1). Width to be 48" and brush or float to provide a uniform textured finish. Remove all forms after concrete has set. 13 0080020023 1 NO 0 $ zyGy•c>a Irrigation System Obtain pemit then install all necessary pipes and zone lines, sprinkler heads, back flow preventer, timer with rain sensor for a new imgation system. All work to follow code, have proper inspections and meet irrigation design standards. System to be connected to city service with its own water meter. 14 0020030001 64 SF 0 ~ ~/6a•~~ Pour A!C Pad's Pour 4" pad with approved footings per drawings (Reference SP-1) 15 400 sf 0 $ /~ ~ ~ ~ Remove Concrete Sidewalk Remove concrete side walk as shown on the drawings (Reference SP-1) then remove all debris off site to an approved waste station 16 0080020014 150 LF 0 $ /~ ~ oo • Qv Remove Old Railing and Install New Demolish and remove from premises all exsisting railing and install new railing per drawings (Reference A-6). 17 0020040007 2 ea 0 $~o z~• ~ Remove Steps Saw cnt as per drawings (Reference D-1) then break up precast stairs from both ends of the building and remove debris from premises. Grade affected area smooth and prepare for new stairs..,., 18 0020040005 2 NO 0 $ 15,-~ ~z•~ Replace Precast Stairs Provide and irustall precast stairs comlpete per drawings. 19 0020040003 312 SF 0 $ / 3 z/ •oo Too Coat Second Floor Wafk Wav Top coat second floor walk way complete (Reference A-2) Total for: Exterior $ Z3'G, 56Z -~ Total for: Exterior $ Z3yi ~ Z •~ y,,.. Contrac4or Bid Ca(. .~ CRA Condos ~ 'age# 4 of 7 Printed on; 8/31!2007 4:54:43 PM Interior ~ Main Structure ~ Single family ~ Interior 1 General 20 0010030001 75 LF 0 $ lN.d7/ cz3 Install Base and Wall Cabinets and Counter Toa Install new all wood builders grade cabinets per drawings (Reference A-5). Install new formica counter top. All work to be level, plumb and true. Seal all holes and openings where pipes, wires and other materials may come through cabinets with removable material such as "Thumb Gum" to keep out any rodents. Also attach cabinets to studs in walls. Instal( iiew counter top. Caulk all seams where counter top meets walls. Color to be selected by the C.R.A._ 21 0010090024 8 NO ~ 3k'l7,e~ Install Bi-Pass Doors Provide and install six-panel wood or louvered bi-pass doors per drawings (Reference A-7). Include all mounting hardware, knobs, and brackets and shelves. Align doors to operate smoothly within the frame. 22 003D010007 170 Yds 0 $ S W 'O° Install Carpet In Bedrooms Prepare all bedroom floor's to smooth and uniform surface then; Install 40oz. new carpet with backing and cushioning as per manufacturer's recommendation. Carpet to be tucked where it meets file at threshold. C.R.A. to choose style and color. 23 0030010013 3525 SF 0 $ G• y /Z '~ Install Ceramic Ftoor The Provide and install thru out living residences except in bedrooms, standard brand floor quality ceramic the to be selected by owner, And install as per manufacturer's recommendations. Then grout all seams color to be selected by owner. 24 0090040001 225 SF 0 $ ~ sZr.~-uy Install Ceramic Shower Tile Provide and install standard brand ceramic file set in light colored mastic and grouted; include bullnose on al] expose edges. For wall and surrounding shower the bight to extend to ceiling .Include new fixture set. Style and color to be chosen by owner. 25 0010020001 6000 LF 3.im~ Install Colonial Base Trim Insta113-112" clear pine "Colonial" style base trim; fill all nail holes and paint or fmish to owners preference. 26 0130050012 6 NO 0 $ Z•7~1~•oa Install Medicine Cabinet Remove old cabinet and replace with new unit with mirror. Cabinet shall be recessed with overall size 16" x 22". 27 0090010001 11000 SF 0 $ 7t/ 3z'7•~ Instal{ New Drywall and Knock Down Provide and install gypsum board on furring strips on all wal]s and ceilings per drawings (Reference A-2), And as needed to repair holes to accommodate remodeling of units. Finish with three coat process tape all joints and use outside comer bead on all corners then apply knock down and prepare for paintSn the commercial space use acoustic ceiling 28 0010090005 12 N0 0 ~ 3ro~7~ -'a Install Prehung Interior Door Remove existing door casing, trim and doors. Provide and install factory bung 1-3/g" hollow core six panal door complete per drawings (Reference A-7) with privacy lockset, trim both sides, make all necessary wall repairs. 29 0010010016 60 LF Install Stud Wall Build stud wall as per drawings from floor to ceiling with construction grade 2"x 4" 16" OC using top and bottom Contractor Bid Cad _.t CRA Condos ~ ~age# 5 of 7 Printed on: 8/3112007 4:54:43 PM plates. Standad 3 stud corners shall be used and all openings shall beheaded with framing material on edge. Cover both sides with 1/2" drywall and finish with 3 coat process. 30 0030010007 1 0 $ ~, SbQ • ao Prepare Floor in Commerical Area Prepare floor to smooth and uniform surface. 31 0100010018 11000 SF 0 $_ 5 ~ Su/~ ___ Prepare Walls and Paint Room Complete Prepare and patch walls, ceiling, windows, doors and all trim for painting. Kitchen & bathrooms walls including woodwork: Apply one (1) coat Sherwin-Williams latex primer sealer or equal- Finish with two (2) coats Sherwin- Williams latex semi-gloss or equal. All other walls, ceiling and woodwork: Apply one (l) coat Sherwin-Williams latex primer sealer or equal. Finish with two (2) coats Sherwin-Williams High Hide interior flat paint or equal. Completed wails to be smooth and free of defects. Remove any wallpaper and patch all holes, nicks, etc. Color to be selected by the owner. Inspections between applications required. 2 Plumbing - 32 0130040011 4 NO 0 $ Z. a~o•cx Install Kitchen Sink Install new stainless steel double bowl sink with single lever faucet assembly, trap, shut off valve, basket, and caulk seal at countertop. Include all other necessary plumbing and fittings- 33 0130060001 5 NO 0 $ ~, fer7o .eo Install Tankless Hot Water Heater Remove and dispose of old water heater and install tankless water heaters per drawings {Reference P-2) in all units this includes all plumbing and wireing necessary to corieplete the change out. Unit to be selected by CRA. --_ _ __ 34 ' 0130040015 4 NO 0 ~0 •''4 Install Tub Remove existing tub, And remove old file in tub surround. and install new tub per drawings (Reference P-1). Include new single ]ever faucet with anti-scald valve and shower head.. 35 0130040007 6 NO 0 $ ~ZO' a~ Install Vanity wlSink Install new all wood vanity w/sink to code per drawings (Reference P-1). Include trap, faucets, shut off valve, pop-up drain, caulk, etc. owner to have a choice in style and color. 36 Oi30020011 0 $ ~.YW.~ Install Waste Line Install new complete waste line per drawing to building {Reference P-1). This includes all permit fee's, cutting and core drilling of concrete as necessary as well as fire stopping, placing of waste line and proper har~ging of pipe, exterior excavation, connection and back fill. 37 0130040023 6 NO 0 $ ZSzc>. ~ Install Water Closet Install new toilet, American Standard 1.6gal.or equal per plan (Reference P-I ). Complete with new supply, stops, wax ring seat and all necessary plumbing and fittings. 38 0130010001 5EA 0 $ y~..1~•®~ Install Water Lines Install water lines per drawing to code (Reference P-2). Insure each unit receives its own water meter. 3 Electrical 39 D710040004 12 NO 0 $ ~~~°' ~ Contractor Bid Ca~ CRA Condos 'age1F 6 of 7 Printed on: 8!31/2007 4:54:43 PM Install Celinp Fan and Lipht Kit Install switch operated ceiling mounted fan "Hamption Bay" with light kit in bed rooms and living room. Style to be provied by owner. 40 0110040004 6 NO 0 Install Exhaust Fan Install ceiling mounted exhaust fan in bathroom per drawings (Reference E-1 ), Nutone or approved equal. Duct fan to exterior. Fan shall move 80 cfm. 41 0110040001 11 EA 0 $ 99~ - oa Install F~cterior Light Fixture Install new exterior light fixtures per drawing (Reference E-2). Style and type of fixture to be deterimed by 42 0110040008 24 NO 0 $ g~O$.oe Install Interior Light Fixture Install new interior light fixture in bathroom, hallway and kitchen. Use two bulb fixtures. 43 0110040001 10 EA 0 $ IZrxl•~ Install Security Light Fixtures/Exit Sians Install new exterior lightfixtures where needed to provide acceptable lighting to code, and necessary exit signs per drawings (Reference E-2). This includes ail wiring and connections required. 44 0110010001 5 NO 0 $ Z3 7Gr•J•W New Electrical Service/Phone Riser Install new 3 wire eletrical service, And phone riser per drawings (Reference E-3). Provide sepazate app]iance circuit in kitchen GFCI circuits and gourds. Squaze D, Cutler-IIamrner, Westinghouse, or equal. 45 0110010006 5 Each s~ ~~y•~ Rewire Complete Building - Disconnect existing service. Rewire complete building as necessary to bring building into National Electrical Code complience. Install new labeled circuit breaker panel with main disconnects, separate GFCI circuits and ground per drawings(Reference E-I). And new duplex receptacles, switches, cover plates, service outlets and other requirements to meet National Electrical Code. 46 0110040009 15 NO. 0 $ Z, Z~o.~ Smoke Detectors Install ceiling mounted direct wired smoke detectors per drawings (Reference E-2). Units to have push test button 120v, 60hz photo electric alarm. Location in each bedroom and hallway, all on same circuit. 4 Appliances 47 4 0 $ [~6 ~. oa Automatic Dish Washer Install specified automatic dish washer complete with all necessary fittings and connections needed then test run after installation stlye to be provided by owner. 48 4 0 $ 3, CYr2- ~e+ Electric Range/ Microwave Properly dispose of old stove. Provide and install a new 30" range or approved by the owner. Indude range hood with space saving microwave matching range qualify. Make new all electric connections and ducking. Provide owner with all warranties and guarantees. 49 .0120040002 5 EA 0 $ f'S/. 5'yZ • cZ7 Install A/C system to plan Install new high efficiency air conditioning and heating unit per drawings {Reference M-1 and M-2). This includes all dud work, grills ,sheet metal needed to install complete system. 09%04/2x07 15:42 FAX 5672437( [IELRAY BCH CCBM IMP-P&~ f~001/007 Coenraator Bid Case# CRR Condos aage# 7 of ~ Printed on: 8r31/ZOD7 4:54:43 PM 3D 4 0 Refrigerator-18cf Frost Free Provitle and stall a CRA approved refrigerator. lnsfafl to a level position with a dedrcated duplex reoepbole no more than one (i) foot from unit. Provide owner with all warcantles and guarantees. 51 4 0 $ ~yJ .mo Washer / Drver Pick uP then transport and install stackable washer and dryers as provided by the C.R.A. This includes a6 pessary cwnrrecttons need m be operated by home owner. Total for.F~darior $ 23 z, 7 S Z Total for:lntedor $ ~lfo~ ~~'~ Job Total Cost: $ J y~~56~, <~/ 7 6 . ........ .................. 1a/02/2007 06:29 FAX 5612437 DELRAY BCH COMM IMP-P8j ~ f~003/OO4 I00 NW 1st Avemu, Dehaq Beach, IT, 33444 Phoae:561-243-7280 Fax: 561 243-7221 albgQmpdeiraybeaeh.com (:OII~~"dC~01' Case Number. CRA Condos A Addendum #1 BID TOTAL $: ,5; 7~r .uo P~ertr ~~~ BID OPENING DATE Q 793 NW 5th Ave CONTRACTOR INFORMATION D61ray BeBCh FL 33~4- Name; ~.A+a-s" 9-S(-~c~a•a T~c.~c~-. ' ~ ~ Address: ~i'97o S. Crr.~,~,v( IJItsD. Voke: sit _G27- 74oL Phana (581)243-7280 Fax: SG!- L3~-7ioL MokRe:(561)673-1507 ernsi: i lwlbs.A a faeki~.'tt. _ ~~ 10102!2007 08:30 FAR 561243, 1 DEIHAY BCS CDMM IMP-P~ ~ 004/004 Addendum #t Case# CRA Condos A FaBef 2 of Z PrirRed on: t0/11200T 228:12 Pdt Interior I Maln Structure i lntgrlor I Interior 7 0~80010D05 2500S.F. 0 $._ ~'3`%'a~ Fiberglass Insulatbn - (li-t91 Batt Fear dove seecond floor ailing to soda rxieve insulation. insutasion shall complexly fill sees ber;roen joist or studs anal shall be secured with appeopriax mechanical faatenms. TOtalfOr:itderiW $ S 7S~/.ou Tots{ for. Inberlor $ s ~ s'y'• ex Job Total Cost: $ ,~,;?s~~ MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Community Improvement Director Elizabeth Alpert, Neighborhood Services Administrator THROUGH: David T. Harden, City Manager DATE: November 14, 2007 SUBJECT: AGENDA ITEM #1 -REGULAR COMMISSION MEETING OF NOVEMBER 20 2007 SHIP HOUSING REHABILITATION GRANT ITEM BEFORE COMMISSION Approval is requested for one (1) Housing Rehabilitation grant award to the lowest responsive bidder for 712 SW 8th Court. This request is in accordance with the City's Neighborhood Services Division's approved Policies and Procedures. The grant awazds are based on the actual cost of the rehabilitation, as determined by the low responsive bidder(s), plus a 5% contingency. The contingency may be used for change orders and all unused funds will remain with the Housing Rehabilitation grant program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Neighborhood Services Division. Contracts aze executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files aze available for review in the Neighborhood Services Division Office. The Neighborhood Services Division is responsible for ensuring that the housing rehabilitation contracts are awarded to the lowest responsive bidder, as a result of a formal bid process. Therefore, an in-house policy was created to limit awards to the lowest responsive bidder as it relates to the Division's professional in-house estimate. This serves to disqualify unreasonably low bids and therefore protect against the resulting change order requests. This policy further assists the Division with its goals of completing each rehabilitation activity ~. l~. utilizing the estimated amount of fiznding required. In addition, the in-house policy allows the City to award rehabilitation contracts to another responsive bidder in the event that the lowest responsive bidder's performance on the cunent job is proceeding unsatisfactorily and/or the contractor has more than three (3) open projects at any given time. FUNDING SOURCE State Housing Initiatives Partnership 118-1924-554-49.19 RECOMMENDATION Staff recommends awazding the bid for one (1) Housing Rehabilitation project to the verified responsible low bidder, South Florida Construction Services, for a total award of $36,524.25. CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID R: 2008.13 APPLICANT: Pickett, Shirley PROJECT ADDRESS: 712 SW 8th Court DATE OF BID LETTERS: 10/26107 DATE OF BID OPENING: 11112!07 GENERAL CONTRACTORS BID AMOUN7 Brian E. Rego, Inc. Brigcan Consulting Services Cordoba Construction Co., Inc. $ 38,185.00 Craftsman Plus,lnc. DMD Construction Group, Inc. East Coast Restore0on Fleisher's, Inc. Gadsden Property Investment, Inc. Haywood Construction I.Q. Conshuctions, Inc. $ 44,121.00 Joines Conshuc0on & Development, LLC. M & A Builders, LLC. Master Contractors, Inc. $ 37,640.00 Morro Constuction Corp. Precision Construction Group, Inc. Ray Greeve & Sons Construction, LLC South Florida Construction Services, Inc. $ 34.785.00 StarMark Properties, Inc. Sun Band Builders Construction, Inc In-House Estimate: S 39,990.55 CONTRACTOR AWARDED CONTRACT: South Florida Ciinstruction Services, Inc. BID/CONTRACT AMOUNT : $34,785.00 5°k Contingency $ 1,739.25 $ 36,524.25 FUNDING SOURCE: State Housing Initiatives Partnership Account # 118-1924-554-09.19 COMMENTS: Lowest bidder was awarded project. MEMORANDUM TO: Mayor and City Commissioners FROM: Lulu Buffer, Community Improvement Director Elizabeth Alpert, Neighborhood Services Administrator THROUGH: David Harden, City Manager DATE: November 14, 2007 SUBJECT: AGENDA TTEM #8 -REGULAR COMMISSION MEETING OF NOVEMBER 20 2007 SUB-RECIPIENT AGREEMENT BETWEEN CITY AND COMMUNrfY LAND TAI UST ITEM BEFORE COMMISSION Approval of aSub-Recipient Agreement between the City and the Delray Beach Community Land Trust (CLT) for the purposes of subsidizing the costs associated with affordable housing units and management of affordable rental properties within the CLT. BACKGROUND • At the September 19, 2006 meeting, City Commission approved aSub-Recipient Housing Partnership Agreement between the City and CLT for the purpose of subsidizing costs associated with affordable units within the CLT. The agreement was later amended at the August 7, 2007 meeting. The need has arisen to make significant changes and therefore, this item is to approve a new agreement, which will make all prior agreements null and void. The following is a list of the key changes that have been made: . Affordable Rentals: Agreement has been expanded to include management of rental properties subsidized by HHRP funds (pg. 7-8). . Income Category Requirements: Agreement reinforces income category requirements for home ownership and now includes requirement associated with affordable rental programs (pg. 4-5 and pg.8). • Monthly Reporting: Agreement requires expanded monthly reporting by the CLT (pg. 9 & Exhibit F). • Audit: Agreement requires state single or project specific audit in the event that the CLT expends more than $500,000 in State funding per fiscal year. • Developer Fee: Agreement stipulates that the CLT shall charge no more than 6% of the CLT Board approved construction costs (including change orders) per unit. . Loan Agreement: Agreement references a loan agreement to be executed between the City and CLT for each property funded under Homebuyer Program (pg. 6). SM SUB-RECIPIENT HOUSING PARTNERSHIP AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY LAND TRUST, INC. THIS AGREEMENT is made this 20th day of November, 2007, by and between the CITY DELRAY BEACH ("City'), and the DELRAY BEACH COMMUNITY LAND TRUST, INC. ("Sub-Recipient"). WITNESSETH: WHEREAS, the City requires the services of anot-for-profit corporation to assist with providing decent, safe, and affordable housing (and suitable living environments), for households determined to be very low (1 % - 50%), low (51 % - 80%), and moderate (81 % - 120%) income; and WHEREAS, the City desires to provide the Sub-Recipient with construction financing through grant assistance provided by the State Housing Initiatives Program (SHIP) and the Hurricane Housing Recovery Program (HHRP); and WHEREAS, the Sub-Recipient desires to receive funds and distribute those funds to eligible Community Land Trust properties on a one time basis to assist with reduction of construction costs in order to provide decent, safe, and affordable housing ownership and access to affordable rental units for households determined to be very low, low, or moderate income. NOW, THEREFORE, in consideration of the promises and covenants herein contained, the parties agree as follows: I. Recitations. The recitations set forth above are incorporated as if fully set forth herein. II. Programs. A. Homebuyer Program: 1. Duties and Responsibilities. a. City of Delray Beach, Neighborhood Services Division 1) To administer Sub-Recipient Housing Partnership Strategy as set forth in the 2007- 2010 Local Housing Assistance Plan; 2) To ensure compliance with all applicable governing regulations, statutes, local and state laws, and program specific requirements; 3) To coordinate all monitoring and annual reporting of program requirements related to the City administered funds under the Program; 4) To maintain the availability of funds to be used as subsidies from the City's annual SHIP allocation; the City will maintain its authority to approve/deny all applicant files (on an individual basis) requesting subsidy assistance from the City; 5) To refer program applicants and interested persons to Community Land Trust, Inc.; 6) To provide incremental payments in the form of subsidy awards to the Sub-Recipient based on eligible homebuyers under the Program not to exceed Seventy-Five Thousand Dollars ($75,000.00) per home purchase; 7) To monitor at random that the Community Land Trust residents who have benefited from the subsidy are not violating any of the "qualifying event(s)" as outlined in the 2007- 2010 Local Housing Assistance Plan. Qualifying event(s) are considered to be: 2 i) The unit is sold and is no longer a part of the Community Land Trust; ii) The homeowner fails to continuously occupy the home as a primary resident; ii) The unit is rented; iv) The unit is refinanced without prior authorization of the City; b c. Community Land Trust, Inc., Sub-Recipient Partner The Community Land Trust is a private nonprofit corporation created to secure affordable access to land and housing and to hold said land for the benefit of the community thereby ensuring perpetual affordability of units. The Sub-Recipient's role as a Partner shall be: 1) To implement the income-eligibility process as outlined in the "State Housing Initiatives Partnership, SHIP Program Manual" and to submit SHIP income eligible files as determined by the SHIP Income Limits Chart listed in Exhibit "C" to the Neighborhood Services Division at least ten (10) days prior to closing date with all required documentation listed in Exhibit "D" -Documentation Checklist. 2) To ensure that the Set Aside Requirements': Chart provided in Exhibit "C" is met; To ensure that all applicants meet the following criteria in addition to the Income-Eligibility guidelines: 1) Recipient must be first-time homebuyer(s), which is defined as one of the following: a. someone who has not owned a home during the past three (3) years; 3 b. a single parent who has been divorced and displaced within the twelve (12) month period prior to time of application, and whose house hold includes children under the age of eighteen (18); c. a displaced victim of domestic abuse; d. a person displaced as a result of a government action (other than eviction from public housing; and those who have special needs according to Chapter 67-37.002(13); 2) Recipient must have a bank account; 3) Recipient must have an accepted contract for a home and have applied for a first mortgage with a lender that meets the lender guidelines attached as Exhibit "D"; 4) Recipient must have attended and completed an approved home buyer education course (i.e. at least four hours in length and conducted in a classroom setting) approved by the Neighborhood Services Division. d) Funds available for FY ending September 30, 2008 will be $1,221,000 total ($373,000 FY04-05, $373,000 FY05-06, $475,000 FY06-07). Sub-Recipient shall meet the housing goals as follows: 1) FY05-06 Funds a. Sub-Recipient will be required to expend at least Seventy-Five Thousand Dollars ($75,000.00) of funds on Very- Low Income Applicants. b. Sub-Recipient will be required to expend at least One Hundred Sixty- . Seven Thousand Dollars ($167,000.00) of funds on Low-Income Applicants. 2) FY 06-07 Funds 4 a. Sub-Recipient will be required to expend at least Two Hundred Twenty Thousand Dollars ($220,000.00) of funds on Very-Low Income Applicants. b. Sub-Recipient will be required to expend at least One Hundred Twenty- Nine Thousand Dollars ($129,000.00) of funds on Low-Income Applicants. 3) Deadlines to meet housing goals (as stated below) are as follows: i. FY 05-06 February 1, 2008 ii. FY06-07 February 1, 2009 4) The Sub-Recipient shall charge a development fee of no more than six percent (6%) of the CLT Board approved construction costs per unit. e) Sub-Recipient shall notify the City if they learn that a resident who has benefited from the subsidy is violating any of the "qualifying event(s)" as outlined in the 2004-2007 Local Housing Assistance Plan ("CHAP"). 2. Program Duration and Schedule. The Sub-Recipient program services as specified above shall begin upon notice to proceed from the City and continue diligently until finished. The schedule as proposed at the time of contract execution is as follows: Start Date: Upon signature of this agreement Monthly Status Report: Last day of each month 3. Payment Schedule. Payment to the Sub-Recipient shall be made as follows: 5 At closing, a maximum award is limited to Seventy- Five Thousand Dollars ($75,000.00) per home purchase; however, the maximum is not automatically provided; rather the amount of the subsidy awarded will be the minimum amount necessary to enable the buyer to purchase a property within the Delray Beach Community Land Trust at a monthly payment affordable to him/her after reviewing the Buyer's income and determining it to be very low, low or moderate as defined by the U.S. Department of Housing and Urban Development (HUD) and the SHIP Program as well as the City's Neighborhood Services Division. The payment shall be a zero percent (0%) interest forgivable deferred payment loan to Sub-Recipient under a separate loan agreement to be executed between City and Sub-Recipient for each property. The loan shall be for fifteen (15) years for amounts greater than Five Thousand Dollars ($5,000.00) but less than Thirty-Five Thousand Dollars ($35,000.00) and for amounts equal to or greater than Thirty-Five Thousand Dollars ($35,000.00), the loan shall be forgivable in thirty (30) years provided that no qualifying event occurs prior to expiration of the loan. A qualifying event shall be: 6 a. The property is sold or transferred in a manner such that it is no longer held in trust for affordable housing purposes; b. The Community Land Trust dissolves and/or ceases to exist as a 501(c)(3) not-for-profit corporation; c. The unit is rented without prior authorization from the City; d. The unit is refinanced without prior authorization from the City; e. Failure to follow the guidelines of the Community Land Trust and the Local Housing Assistance Plan ("CHAP"); f. Failure to follow guidelines of this Sub-Recipient Agreement; or g. Failure to follow the requirements of the City or CRA. B. Affordable Rentals: 1. Before the Sub-Recipient can execute any leases for rental properties funded by HHRP, the Sub-Recipient shall provide to the City's Neighborhood Services Division a copy of the income eligible file for each lease at least ten (10) days prior to each new lease being signed, at the time of each lease renewal and upon occupancy of each unit by a new tenant. The income and age requirements for each rental unit listed below shall remain on the property in perpetuity: 7 a. La France: Four (4) of the fourteen (14) units shall be rented to "Very Low" income households as defined in the Table attached hereto as Exhibit ~~E,.; ii. The remaining ten (10) units shall be rented to either "Very Low" or "Low" with priority given to "Very Low" as defined in the Table attached as Exhibit "E"; and iii. One Hundred Percent (100%) of the units shall be rented to residents sixty (60) years of age or older. b. 133 N.W. 5~h Avenue: i. Three (3) of Nine (g) units shall be rented to "Very Low" income households as defined in the Table attached hereto as Exhibit "E"; and ii. Three (3) of Nine (9) units shall be rented to "Low" income households as defined in the Table attached hereto as Exhibit "E". c. The Sub-Recipient shall ensure that each rental unit is rented for no more than the maximum allowable rental amounts as described in the Table attached hereto as Exhibit "E". III. Indemnification. Sub-Recipient shall defend, indemnify, save harmless and exempt the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys fees resulting from injury to or death of persons or damage to property arising out of or resulting from the Contract or from work done by Sub-Recipient or its subcontractors in the performance of the contract except to the extent caused by the sole negligence of or breach of contract by the City. In connection with any legal 8 proceedings arising hereunder, the City reserves the right to retain counsel of its choice and at its own expense, or in the alternative, to approve counsel obtained by Sub- Recipient The parties understand that the City does not waive its sovereign immunity under Fla. Stat. §768.28. IV. Audits/Monthly Reports. A. In the event that Sub-Recipient expends a total amount of state financial assistance equal to or in excess of Five Hundred Thousand Dollars ($500,000.00) in any fiscal year, the Sub-Recipient must have a state single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes, and comply with the provisions set forth in Sections 215.97(7) and (8), Florida Statutes. B. Sub-Recipient shall provide a monthly report including a list of all outstanding inventory of homes/rental units available, a copy of the CLT budget, financial reports, bank statements, as well as all other information requested in Exhibit "F" attached hereto. V. Term of Agreement. This Agreement shall be effective immediately upon execution by all parties and shall expire on September 30, 2008, however, both parties shall have the right to cancel this Agreement at any time by providing ten (10) days advanced written notice to the other party. VI. Entire Agreement. No prior or present agreements or representation with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement with the exception of the Interlocal 9 Agreements between the City of Delray Beach and the Community Redevelopment Agency regarding Funding of the Construction/Rehabilitation of 133 N.W. 5~h Avenue dated November 9, 2006 and Funding of the Construction/Rehabilitation of the La France Hotel dated August 18, 2006, which are hereby incorporated by reference and attached hereto as Exhibits "G" and "H". Any modification to this Agreement shall be in writing and executed by the parties. VII. Severability. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. VIII. Governing Laws; Venue. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall lie in Palm Beach County, Florida. IX. Assignability. Neither the City nor the Sub-Recipient shall assign or transfer any rights or interest in this Agreement. X. Validity of Agreement. This Agreement shall not be valid until signed by the Mayor and the City Clerk of the City of Delray Beach and the Chairperson of the Delray Beach Community Land Trust. ATTEST: City Clerk Approved as to Form: City Attorney CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor (SEAL) 10 ATTEST: Print N STATE OF FLORIDA ) ss COUNTY OF PALM BEACH ) DELRAY BEACH COMMUNITY LAND TRUST, INC. By: Print Name: Chairperson of the Delray Beach Community Land Trust The foregoing instrument was acknowledged before me this day of 2007, by of as corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification. Notary Public -State of Florida 11 m x c M a a a O " N r N~ oN -N ~ fD C t+ S N 0 o ~' o 'S` ° '~ [~ N 8 0 30~ ~ -~i ~ ~r O _3 ~,, a AA ~' ~ O ~ m ~o o o tc ~ N \ ~ v 0 v u ~+ F'' 00 V O~ l!1 V1 .A ? W W ~ N n ~ Oo O ~ ~ ~ o ~ \ ~ o ~ D 1 0 f ~ 0 0 0 0 0 0 0 0 0 0 0 ~ y, ~ O~ -P W W N N N N ~-+ r r W Ol 01 N V A N O W In W i-+ O O N O 0o V1 N O V (n N ~n o in o rn o ~ ~ -P m o 0 0 0 0 0 0 o cn o to o V Vt ? W W N N N N t+ N N i--• r O~ O CO vt W O 07 to r in N W t0 W V r O~ O ~ N Vt O O O O O In V O N In O O O O O O O V7 O In O 00 (!1 ? ? W W N N N N t+ F+ r V ~O 01 W ~-+ ~ .p W F~ Co t0 O ~ 01 ~-+ W' N O W V W W C cn O cn O cn O o O o O to O o O 0 O 0 O o O in O 3 C ~O 01 (!1 ~ W W W N N N I--~ ~ O A N O~ 07 Vl N 07 Ul N t0 t-~ -P (n O O~ ? N l0 V to W .p M rn 0 o 0 0 0 o 0 a 0 o 0 o 0 ao 0 rn 0 ~ 0 0 o 9 A V ~ N ~ ~ W ~ W t 0 I JI t 0 F + p 0 ! ~ V ~ O W In O~ V V N 07 W OD W 07 UI f/1 Co Vl O O O~ Cn O N .A O~ U7 O O O o o O O o O O O 7 F+ V U1 U7 ~ -P W W N N N ~ O -P l0 W i-+ V W ~O 01 N C O V W N O W ~ ~ O G1 A ll1 l /i ( Ii l1 C l /i .A o O O O O O O lJ7 O to O ~ a 1+ V O~ cn -P -P W W W N N 1-~ ~O W V V W ~O V1 F+ V W ~--~ CO °D ° 1O o iO `O rn rn i° v w 0 c ii 0 c n 0 0 . a 0 0 u i o v i cn o ui o 0 1-+ OD Ol Ol Ul .p . A W W N N r In 07 O f+ O1 N O~ .P t0 Vt O O O O V O N O V O ~ O ( !7 I JI l J1 N O O O O O O O O O O O 1 ~ N d O 3~~ ~"~ O m n O. z3 = b~'3rt~ ~y ~• ~ a T 3 v ~ C am m .. a do$ T G ~3~ a- ~; S~ 7 A C (D 7 V Exhibit "B" CITY OF DELRAY BEACH Affordable Houuing Homebuyer Program File Checkist Applicant Strategy Sub-Recipient Housing (CLT) Address __ nar ent ase Date Staff Signature Date C. D. Signature Comments EXHIBIT "C" This chart represents the set aside requirements that are mandated by the Florida Housing Finance Corporation based on the City's allocation + recaptured funds for each FY. Amounts shown under each income category are the minimum funds that are required to be spent by fiscal year. The remaining portion of the total SHIP dollars for each year can be spent in any income category up to 120% as long as the requirements listed above have been met. HOME OWNERSHIP Very-Low Low Moderate Total SHIP STRATEGIES Dollars Sub-Recipient Housing TBD at least TBD $373,000 Partnership $ 285,000 FY04.05 __ Sub-Recipient Housing at least at least $131,000 $373,000 Partnership $ 75,000 $ 167,000 FY05.O6 Sub-Recipient Housing at least at least $ 137,566.70 $475,000 Partnership $220,000 $ 129,000 FY06-07 Designation of "Very Low" and "LovJ' as defined by the U.S. Department df Housing and Urban Development (HUD) and adopted by the State of Florida and distributed by the Florida Housing Finance Corporation for use in the SHIP Program. Deadlines to meet housing goals (as stated above) are as follows: FY 05-06 February 1, 2008 FY 06-07 February 1, 2009 Should the Sub-Recipient not expend funds by dates above, the City reserves the right to reallocate funds to an alternate strategy within the Local Housing Assistance Plan. Exhibit "D" Lender Guidelines "Institutional First Mortgage Lender" is defined as any bank or trust company, mortgage banker, savings bank, credit union, national banking association, savings and loan association, building and loan association, or other financial institution or governmental agency authorized to conduct business in this state and which customarily provides service or otherwise aids in the financing of mortgages on real property located in this state. Prior to commitment of SIIIP funds, lenders must meet the following threshold conditions: • Lender must have an affordable housing underwriting criteria with guidelines available for review and approval by the City. • Lender must submit a firm loan commitment letter that clearly contains the dollar amount, the interest rate, terms and conditions. Conditional commitment must contain conditions and good faith estimate. Lending Parameters ^ The interest rate established will be the FreddieMac net 3o day rate for 3o years minus 5o basis points, and shall be locked in for a period of at least 6o days. If the loan is not closed within 60 days, the interest rate will be the prevailing rate to be determined not less than five (5) days before closing. The rate shall be locked in at the time of loan approval with a "float down" feature if rates should go down. ^ The term of the loan shall be 3o year fixed conventional mortgage. ^ The maximum allowable fees to the borrower are as follows*: • Origination fee • Doc Prep fee • Flood Cart Fee • Tax Service Fee • Underwriting Fee • Processing Fee • G7osing Fee • Application Fee • Appraisal Fee • Credit Report • Settlement Fee • Notary Fee • Re-certification Fee • Final Inspection • Roof/Termite Inspection • Recording Fees Lender's Inspection • PMI 1.5% of loan amount $75.00 $zz.oo $75.00 No Charge No Charge No Charge No Charge Prevailing vendor cost Prevailing vendor cost No Charge No Charge $too.oo (maximum charge) $roo.oo (maximum charge) $55.00 (per inspection) Per State regulations $5.00 (maximum allowed per inspection) Not allowed(only if FHA loan) *Waivers will be considered on a case-by-case basis. ^ Eligible Properties Single family units (excluding mobile homes), Town homes, Condominiums, lTiltas. (All properties subject to City Community Improvement Division's approval) These are basic guidelines. Community Improvement reserves the right to approve on a case-by-case basis. Exhibit "E" ETTeulve 3rzonoo7 FHFC Pasted 3!217 2007 Maximum Renfs by Number of Bedrooms in Unit NOTE: This schedule Is Tor use by developments participating in the following Florida Housing programs: Housing Credt (HC), State Housing Inttiatives PartnersNp (SHIP), HUD MuttifamEty Risk Sharing, and Community Workforce Houstng innovatron Pilot (CWHIP). Except for SHIP, these figures represent lha MAXIMUM gross rents from whiU1 must be detluctetl an allowance Percentage Number of Bedrooms m Unit C Cou Cate 0 1 2 3 4 estPalm Beach- 25% 281 301 362 418 466 Boca Raton HMFA 28% 315 338 406 4fi9 522 (Palm Beach) 3D% 337 361 433 501 560 33% 372 398 478 552 616 ~. 35°k 394 422 .507 586 653 40°'° 451 .483 580 670 747 45% 507 643 652 753 640 503'° 563 603 725 837 933 609'° 876 724 870 1,005 1,120 80% 901 965 1,158 1,338 1,493 120% 1,363 1,449 1,740 2,010 2,241 140% 1 578 1,690 2,030 2345 2,.614 Exhibit "F" INSTRUCTIONS FOR THE COMPLETION OF MONTHLY REPORT General Instructions 1. Exhibit "F" or any other form approved by Neighborhood Services must be used. 2. All forms may be submitted to the division electronically. Submission Requirement Instructions 3. The organization shall submit to the division no later than the 10+^ of each month. The reports must show all accomplishments monthly as well as cumulatively (year to date). Deadlines All SHIP Funds for the Fiscal Year 2 (2005-2006) must be expended or encumbered by February 1, 2008. All SHIP Funds for the Fiscal Year 3 (2006-2007) must show all activity, if any, as of February 1, 2009. FORM 1 -Homeownership: Monthly Expenditure Report ColumnlDescription Instructions Column A: Name of homeowner. Column B: Address of property receiving subsidy funds. Column C: Very Low Allocation including amounts received per property. Column D: Low Allocation including amounts received per property. Column E: Moderate Allocation including amounts received per property. Column F: Total Allocation reflecting all expenditures in excess or shortage. Carry over from Enter any amount which was carried forward from the previous previous year: year into the new year (when applicable). Carry forward of funds can only be used when the amount of funds remaining are insufficient to assist one unit. When funds are overspent, the difference must be subtracted from the next year, thereby decreasing funds for that income category. FORM 2 -Rental: Lease Spreadsheet Column/Description Instructions Column A: Name of residing applicant. Column B: Building and Unit No. Column C: Income Category of resident Column D: Date of Lease Expiration FORM 3 -Additional Information Please attach the following to each monthly report submitted 1.Outstanding Inventory ofhomes/rental units available 2. Copy of CLT budget, financial reports, and bank statements NOTE: To obtain assistance with completing the Monthly Report. Contact Neighborhood Services staff at (561) 243-7280 or alpert(~ci.delray-beach.fl.us / mesidort(~ci.delray-beach.fl.us Exhibit "F' Community Land Trust Homeownership: Monthly Expenditure Report FY2004-2007 FY2004-2005 ' Appllcanf Address Vary LOw Low Moderate 7ofalAllocehon Actual Allocation 88,000.00 285,000.00 373;000.00 1 40 NW 13th Avenue 20,000.00 2 320 NW 4th Avenue 52,436.55 3 220 SW 4th Avenue 59,808.00 4 214 NW 8th Avenue 59,975.00 5 347 SW 5th Avenue 69,000.00 6 225 SW 7th Avenue 50,796.50 7 119 SW 9th Avenue 61,999.20 04-05 Cunent Balance 6,000.80 7,016.05) (1,015.25) FY2005-2006 Allocation 75,000.00 167,000.00 131,000.00 373,000.00 Car Forward Funds (1,015.25 (1,015.25 Actual Allocation 75,00000 167,000.00 129,98475 371,98975 Applroanp Address ~; i ~ ,Very Low ~ ,Low Moderate ~ e §ofal Allocation 1 35 NW 13th Avenue 36,103.00 2 49 NW 13th Avenue 20,000.00 3 37 NW 10th Avenue 73,151.02 q 62,315.05 5 6 7 OS-O6 Current Balance 75,000.00 93,848.98 11,566.70 180,415.68 ~,. ' FY2005-2007 Allocation 220,000.00 129,000.00 126,000.00 475,000.00 Car Forward Funds 11,566.70 11,566.70 Actual Allocation 220,000.00 129,000.00 137,566.70 486,506.70 Applicant Address Very LOw Low Moderate Total Allacahon 1 33 SW 13th Avenue 45,942.54 2 3 4 5 6 7 06-07 Current Balance 220,000.00 129,000.00 91,624.16 440,624.16 Total Available Funds for FY2004-2007 301,000:80 315,832.93 103,190.86 620,024.59 ' w N L 2 '" F- m o N G p J N ,T+ y c ~ ~ J o '~ U ~ LL t W C.. ~.~' ,. .i'- a ~~ B ,~ ~ o `~ Vin', „r,. u ti ~ ~ ' s ,~ a r j y o _Z ~ ~ S v ° m ~a- 3 p i ~ ¢ Q w' tr. ~ ~ +r 4 ~' ' ~'i;~ 5 i #% -y e' v ~ ~ ~ ~ ~ C o ~ 3 o U C d , ,U Q $ L B ' r g Yf ~ d C -u ~ , ~ fin. u ~.'~ ~ '~ ~ ~ * . ' . j i;. . E q j Z C L C G N u ti 1~ W n +S • '~ N M V N t0 I~ W ~ ~ ~ ~ ~ ~ r N M V N fD r W O~ '. O ~ f~~ r Exhibit G IIVTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING OF THE CONSTRUCTION/ REHABILITATION OF 133 N.W. 5"' AVENUE BY THE CITY THIS AGREEMENT is made this ~f'h day of OV• 2006, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY', and the DELRAY BEACH COMMUNTIY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuaut to Chapter 163, Florida Statutes (hereinafter referred to as the "CRA'~. WITNESSETH: - - - _ WHEREAS, the CRA owns certain property located at 133 N.W. 5ih Avenue (the "Property'); and WHEREAS, the City will provide funding not to exceed Five Hundred Thousand Dollars ($500,000.00) through the Hurricane Housing Recovery (HIiR) Program, Hurricane Housing Assistance Plau (IITiAP) by the use of its hurricane housing recovery dollars to repair and rehabilitate 133 N.W. Sa` Avenue; and WHEREAS, the City wiII hire a licensed contractor to perform constmction on 133 N.W. 5°i Avenue and both the City and CRA shall oversee the consnuction; and, WHEREAS, the CRA Board finds that the renovation and funding of the improvements to 133 N.W. 5"' Avenue further the goals and objectives of the CRA as contained in the CRA's redevelopment plan, and are in the best interest of the CRA. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitations: The recitations set forth above ace hereby incorporated herein 2. Duties and Responsibilities: a. The City of Delray Beach: 1) The City shall provide funding in the amount of Five Hundred Thousand Dollars ($500,000.00) to be used is the repair and rehabilitation of an existing ten (10) unit apartment building at 133 N.W. 5'" Avenue, Delray Beach, FL 33444 as per its approved plans. 2) The City shall be responsible -for bidding out the repair and rehabilitation work to a licensed contractor pursuant to City ordinances and state statutes and the City's contractor will perform the construction according to a separate agreeme~ between City and contractor. The CRA; through its Executive Director, or her designee, reserves the right to review and approve the repair and rehabilitation work to be performed on the Property. 3) The CITY shall insure that the cortractor who performs the work on the Property carries and maintains appropriate insurance coverage to provide the CITY and the CRA with necessary protection during the term of construction at rho Property. 1n addition, the CRA shall be named as an additional insured oa any insurance provided by the CITY's contractors and any sub-contractors. 4) The Gity shall also be responsible for verifying income for each applicant in accordance with the HHAP rules and providing the required docmnentation. 5) Tn the event any bonds are provided with respect to the construction on the Property, the CITY shall insure that the performance and/or payment bonds 2 . , are sufficient in scope and amount to provide for the completion of the improvements in the event the CI I"i"s contractor fails to complete the improvements. b. The Comm~ity Redevelopment Agency: 1) The CRA and any subsequent owners of 133 N.W. Ss' Avenue shall be required to comply with all of the HHAP rules and regulations which include, but are not limited to, the rules pertaining to the Rental Housing Development Program. 2) The CRA and any subsequent owners of 133 N.W. S~ Avenue shall be responsible for providing the City and its contractor access to 133 N. W. S'" Avenue. 3) 1n the eves that the cost of repair and rehabilitation of 133 N.W. Ss' Avenue exceed Five Hundred Thousand Dollars ($500,000.00), the CRA and any subsequent owners of 133 N.W. Sn Avenue shall be responsible for providing the x~taiader of the funding. In the event the costs of repair and rehabilitation of the Property exceeds $500,000.00, the CRA shall provide the funding to the CITY upon the receipt and review of invoices related to the construction on the Property. The CRA shall forward payment to the CITY within thirty (30) days of receipt of any invoices related to wnsttuction on the Property. a CRA and City: 1) Both the CRA and City shall be responsible far overseeing fire construction repair and rehabilitation of 133 N.W. Sm Avenue. 3. Audit: 1n the event that the CRA expends a total amount of state financial assistance equal to or in excess of Five Hundred Thousand Dollars ($500,000.00) in any fiscal year, the CRA must have a state single or project-specific audit for such fiscal year in 3 ,_ _ . . acwrdance with Section 215.97, Florida Statutes, and comply with the provisions set forth in Sections 215.97(7) and (8), Florida Statutes. 4. Term: The term of this Agreement shall commence upon execution by both parties and shall continue until the repairs and rehabilitation have been completed on 133 N.W. 5f6 Avenue as provide by the City approved plans. 5. FtiIing: This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. 6. Entire Agreement: No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in tins Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 7. Severability: The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 8. Governine Laws; Venae: This Agreement shall be governed by and in accordance with the Taws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 9. Assiffiability: The CRA may assign or transfer rights or interest in this Agreement to the subsequent owner of 133 N.W. 516 Avenue only after providing the City with at least ten (10) days notice of same. 10. Validity of Agreement: This Agreement shall not be valid until signed by the Mayor and the City Clerk. 4 ATTEST: ~\ City Clerk Approved as to Firm. ~y~.Gity Attorney ATTEST: Pr Name:,%f~+~ 24roc~rJ STATE OF FLORIDA COUNTY OF PALM BEACH CITY By: COhIlvIUNITY REDEVELOPMENT AGENCY Print Name: !;<,ir6ti NEHT' (SEAL) The foregoing instrument was acknowledged before me this ~~ day of /1/JJ4ed4.t- 2006, by i'a~.rrc J. Wwfsr , as /i c t CHa,.z .n o.1 (name of officer or agent, title of officer or agent), of iJtGn~,~~y,,, C R A (name of corporation acknowledging), a F~~n.~ar (state or place of inwrpora8on) corporation, on behalf of the corporation He/She is personally known to me or has produced • (type of identification) as identification. ~'T~ JFAN MOORNf181,D MYQ7MMISSN)N-DDM3456 wn~ rxma~s:i..ezczaa9 y., wn ww,w nau. wwys.,en„o~ No 'Public - State o orid8 x:~zooeweoo~s ~canvaMrzaobv~saa~ n~mecnycxn e„,a r~raw sma~Gaa Exhibit H ~~. , , _ INTERLOCAL AGREEMENT BETWEEN " THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR MANAGEMENT AND FUNDING OF THE CONSTRUCTION/ REHABILITATION OF 135N-.W~. 5~ AVENUE BY THE CITY THIS AGREEMENT is made this b day of ~ 2007, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "CRA"). WITNESSETH: WHEREAS, the CRA owns certain property located at 135 N.W. Sa' Avenue (the "Property') which contains four (4) dwelling units and approximately 1,600 sq. ft. of commercial space; and WHEREAS, the CRA will provide full funding at the time the contract is approved with the Contractor to repair and rehabilitate 135 N.W. 5~' Avenue and the City will disburse payments for the repairs after the work has been approved by City and CRA inspectors/project managers; and WHEREAS, the City will develop and issue a Request for Proposals (RFP) for a contractor to perform the work, and will hire a licensed contractor to perform construction on 135 N.W. Ss' Avenue and both the City and CRA shall oversee the construction; and, WHEREAS, the CRA Boazd finds that the renovation and funding of the improvements to 135' N.W. Sa' Avenue further the goals and objectives of the CRA as contained in the CRA's redevelopment plan, and are in the best interest of the CRA. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitations: The recitations set forth above are hereby incorporated herein. 2. Duties and Responsibilities: a. The City of Delray Beach: 1) The City shall be responsible for issuing the RFP for the repair and rehabilitation work at the Property to a licensed contractor, pursuant to C9ty ordinances and state statutes. The City's contractor will perform the constrrction according to a separate agreement between City and contractor. The CRA, through its Executive Director or her designee, reserves the right to review and approve the 12FP, the building specifications, and the repair and rehabilitation work to be performed on the Property. The City shall be responsible for approving , all change orders, subject to CRA review. 2) The City shall insure that the contractor who performs the work on the Property carries and maintains appropriate insurance coverage to provide the City and the CRA with necessary protection during the term of construction at the Property. In addition, the CRA shall be named as an additional insured on any insurance provided by the City's contractors and any sub-contractors. 3) In the event any bonds are provided with respect to the construction on the Property, the City shall insure that the performance and/or payment bonds are sufficient in scope and amount to provide for the completion of the improvements in the event the City's contractor fails to complete the improvements. 2 t b. The Community Redevelopment Agency: 1) The CRA shall pay an administrative fee to the City equal to 2% of the job cost, not to exceed $20,000.00 total. 2) The CRA and any subsequent owners of 135 N.W. Sa` Avenue shall be responsible for providing the City and its contractor access to 135 N.W. Ss' Avenue. 3) Audit: In the event that the CRA expends a total amount of state financial assistance equal to or in excess of Five Hundred Thousand Dollazs ($500,000.00) in any fiscal yeaz, the CRA must have a state single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes, and comply with the provisions set forth in Sections 215.97(7) and (8), Florida Statutes. c. CRA and City: 1) Both the CRA and City shall be responsible foT overseeing the construction repair and rehabilitation of 135 N.W. Sa' Avenue. 2) The CRA shall provide funding necessary. for the repair and_ _.._ rehabilitation of the mixed use building at 135 N.W. 5~' Avenue, Delray Beach, FL 33444 pursuant to the approved plans to the City at the time that the contract is approved with the contractor. The City shall pay the Contractor directly upon the receipt and review of invoices related to the construction on the Property, after approval of the work by the City and the CRA inspectors/project managers. 4. Term: The term of this Agreement shall commence upon execution by both parties and shall continue until the repairs and rehabilitation have been completed at the Property in conformance with the approved plans. 3 5. Filing: This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) oftheFloridaStatutes. 6. Entire Agreement: No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 7. Severability: The validity of any portion, article, pazagraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 8. Governing Laws; Venue: This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 9. Assienabi&ty: The CRA may assign or transfer rights or interest in this Agreement to the subsequent owner of 135 N.W. 5`~ Avenue only a$er providing-the City with-. ._. at least ten (10) days notice of same. 10. Validity of Agreement: This Agreement shall not. be valid until signed by the Mayor and the City Clerk. ATTEST: ~\ City Clerk CI RAY BEACH, RIDA By; '~~ 'ta ltis, Mayor Ap~ro~ tirm: iC; ty Attorney (p (17 STATE OF FLORIDA COUNTY OF PALM BEACH 4 d y' The foregoing instrument was acknowledged before me this 2007, by as title of officer or agent), of acknowledging), a day of (name of officer or agent, (name of corporation (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification. Notary Public -State of Florida ATTEST: COMMUNITY REDEVELOP NT AGENCY nntName: IUON•lJ~t ~ (rdGLZPVe-. HowazdLewis,ViceChair (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me tbis~7~ day of g/2bzcu~t- , 2007, by f~yi"''j"~ L~iuJ, ~ as 1/lGf CFf.~:R= ._..__ (name of officer or agent, title of officer or agent), of t~ ~~ ,~h-v ~ ~'•v 66> ~' ~/,z (name of corporation acknowledging), a FLviu.O~ (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification. e.c~ Nota ~ ublic -State Florida ~y"~ rearv ~ooxe~F.r.n MY COMM)SSION d DD463456 ~"afP~®Q EXP~RFS: JUce 7G~2009 (G0~368-0t'a3 Flaideliotury Sericecam 5 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Community Improvement Director Elizabeth Alpert, Neighborhood Services Administrator THROUGH: David Harden, City Manager U p I DATE: November 14, 2007 SUBJECT: AGENDA ITEM # -REGULAR COMMISSION MEETING OF NOVEMBER 20, 2007 UPDATE NEIGHBORHOOD SERVICES PROGRAM DESCRIPTION MANUAL ITEM BEFORE COMMISSION Approval is requested to update the Neighborhood Services Division Program Description Manual. The program description serves primarily as an internal document to guide staff on standard operating procedures. BACKGROUND A need was identified to update the Neighborhood Services Program Description. The program description was last approved by City Commission at the March 20, 2007 meeting. The document serves as a guide to staff on standard operating procedures. Significant changes are as follows: . The name of the division was changed from Community Development to Neighborhood Services throughout the document, as approved in the FY2008 budget. . The section relating to "eligible contractors" was updated to provide more detail regarding bid advertisement procedures and the bidders list (pg. 9). FUNDING SOURCE N/A RECOMMENDATION Staff recommends approval of the updated Program Description Manual which specifies the standard operating procedures for Federal, State and Local programs administered under the Department of Community Improvement, Neighborhood Services Division. S.IV [IN OF DELRII4 BEII01 '' NEIGHBORHOOD SERVICES DIVISION PROGRAM DESCRIPTION MANUAL Housing Rehabilitation Demolition/Clearance Real Property Acquisition/Disposition Bootstrap Program Emergency Repair Disaster Relief -'~ =. q~... `~ 1T51rv 7Me Pte` _ TABLE OF CONTENTS Housing Rehabilitatbn ................................................................................ Pg.1 Demolition/Clearance ............................................................................. Pg. 11 Real Property Acquisition/Disposition ............................................................. Pg. 14 Emergency Repair ..................................................................................... Pg. 16 Disaster Relief ........................................................................................... Pg. 20 Table 1 -HUD Income Chart ........................................................................ Pg. 23 Table 3 -Income Eligibility by Funding Source ................................................ Pg. 23 CITY OP DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM OVERVIEW AND DESCRIPTION A. Puroose The City of Delray Beach through its Neighbofiood Services Division makes available 0°k interest, deferred payment loans through various funding sources to assist project area property owners in making needed improvements to their homes and properties. The intent of the program is to improve the quality and standard of housing for very-low, low and moderate- income residents. These policies shall serve as the framework for implementation of residential property rehabilitation element, demolition and clearance element and property acquisition/disposition elements of the City of Delray Beach Neighborhood Services Housing Program. B. Aaoroval and Administration These policies and procedures have been approved by the Delray Beach City Commission. Administration and implementation of these policies is the responsibility of the Neighborhood Services Administrator, under the supervision of the Director of Community Improvement. C. Program Desaiofion 1. Rehabilitation Loans Deferred payment loans up to $37,000 (depending on funding source) can be made to eligible property owners to correct code violations, improve energy conservation, and remove barriers for the handicapped, A portion of these funds will also address items such as termite inspection and treatment, and lead-based paint abatement. This program will provide assistance to bring substandard housing up to specific Property Rehabilitation Standards (a combination of the City Standard Housing Code and HUD Cost- Effective Energy Conservation and Effectiveness Standards) and will be available to all rehabilitated housing units within the defined project areas. 2. DesicnatedTargetArea The location of the designated target area is within the city limits of Delray Beach and has the following general boundaries: Norih -Northwest 4~ Street and Lake Ida Road East -Federal Highway South -Linton Boulevard West -Interstate 95 In addition, to CDBG target area; properties located vrithin other designated areas throughout the City are eligible for other housing assistance programs. 3. Household Eligibility Requirements a. Ownershio and Residence Rehabilitation loans shall be available to ownedoccupants located within the boundaries of the designated target areas. Owneroccupant must reside in the unit for a minimum of one year prior to applying for assistance. b. Income Income limits for all eligible applicants will be the income limits made available by the Department of HUD, for very low, low and moderate-income households. Income eligibility is determined by using the total household gross income. Revised HUD Section 8 income limits for all households are as follows per Table 1. For households larger than eight (t3) persons the limits will be determined by calculating 8 percentage points more for each person beyond the eight persons for very low, low and moderate income households. The limifs will be rounded to the nearest $50. Income Verification Written verification of income shall be required to document the applicant's income eligibility. Selfamployed applicants may provide a copy of hismer tax return from the previous year or two. In addition, the applicant or his or her bookkeeper should supply an income and expense report for at least the past three months. c. Assets For the purpose of determining eligibility for housing assistance under the Neighborhood Services Housing Program, assets may not exceed $15,000 per household. All assets held by each member of an applicants household must be verified, including the value of equity in real estate other than the applicant's principal residence. Assets include: checking accounts, savings accounts, certificates, stocks, bonds, real estate, etc. The value of necessary items such as furniture, automobiles, and tools of trade are not considered assets. Applicants may provide documentation of assets by submitting bank statements, bank books, interest statements from banks, and tax records. All income derived from assets will be included in the applicant's gross income amount The appraised value of an applicants real estate minus any mortgage held on the property shall be considered as the net asset. . 4. Deferred Payment Loan Terms. Condltlons Housing rehabilitation loans will be made subject to terms and conditions designed to protect program benefits for very-low, low and moderate income persons, and sustain program benefits. These requirements, which will be included in the rehabilitation assistance agreement, will include the following: a. City as Aoent The City will be authorized to act as the owner's agent in contracting for and canying out repairs and improvements to the property. b. Maintenance The owner must agree to maintain the properly in a manner which meets the City Standard Housing Code and must acknowledge the applicability of that code, c. Cooperation The owner must agree to provide information necessary for administration and program monitoring, to be available for necessary conferences and decisions, to sign-off on the lien when the work is correctly compleied, ~d to otherwise reasonably cooperate in expediting the rehabilitation work and program administration. d. Recordin The lien agreement will be recorded as a covenant to the property and shall have a term of ten (10) to fifteen (15) years after project closeout e. Recapture and Default: Assistance will be provided to eligible households in the form of a ten (10) year, 0% interest, forgivable deferred loan for amounts greater than $5,000 but less than $20,000. For amounts equal to or greater than $20,000, assistance will be provided in the form of a fifteen (15) year, 0% interest, forgivable deferred loan. Assistance under $5,000 will be awarded as a loan and will not be subject under the program's recapture provisions. Ali loan awards will be secured with alien agreement. Repayment of the full ban award will be immediately due to the City in the event any "qualifying event(s)" occur prior to expiration of the note reason except the transfer of ownership due to inheritance at death or the need to meet major health care expenses. The definition of what constitutes a major health care expense will be determined by Neighborhood Services Administrator on an individual basis. Qualifying event(s) are considered to be: • sale of unit or transfer of title • the assisted homeowner fails to continuously occupy the home the unit is rented • unit is refinanced without prior authorization of the City. Such repaid funds will be utilized in accordance with the approved Local Housing Assistance Plan in effect at the time the funds are recaptured. If no °qualifying event(s)' occur prior to the expiration of the note, the loan is totally forgiven, In the event the homeowner wishes to refinance his or her first mortgage or take out an equity loan to make repairs or improvements, the City has created an administrative policy pertaining to subordination requests. 5. Subordination Policy A homeowner assisted by the SHIP or CDBG program may not refinance his or her first mortgage or take out a second mortgage unless the city agrees to subordinate its second mortgage. The policy used by the City of Delray Beach regarding a subordination request is as follows: If the owner wants to refinance the first mortgage at a lower rate andlor for a shorter loan term, the City will subordinate if: additional money isn't being borrowed (unless its for home repair or reasonable improvements) the resulting housing cost (PITT) does not exceed the housing cost (PITT) cak;ulafion of the original loan the new loan is for a fixed interest rate If the owner is taking out a second mortgage for necessary home repairs or reasonable improvements, the City will subordinate if; the combined payments of the first and second mortgages do not exceed 35% of gross income the loan is for a fixed interest rate The City vrill not subordinate its mortgage for owners attempting to obtain a line of credit or consolidate debt because this would enable them to increase their debt for purposes other than home improvement. The City maintains that Second mortgages are provided under the SHIP program to assist with homeownership Loans are provided under the CDBG or SHIP programs for the exclusive purpose of rehabilitating, enhancing and/or preserving real estate The City does not support the owner using equity for any items other than the house itself. If the purpose of the new loan is for home repair or reasonable improvements, the need must be substantiated by an inspection of the property by a City of Delray Beach housing rehabilitation inspector andlor estimates for the proposed repairs famished by the homeowner. 6. Assistance Priorities The principle factors to be considered in setting the priorities and sequence of housing to be assisted will be: elderly, severity of need and cooperation by applicant. These factors v~ill be considered in combination by the Neighborhood Services Administrator to establish the order of work and for expediting the program. a. Elderly Ownerloccupied units where the head of household or individual principle member is 62 years old or more as defined in Section 420.503, F.S. b. Severity of Need Severe repair needs (such as major weatherization problems), imminent tirreats to health or safety (such as lack of sanitary facilities), and severe financial need (very low owner income), shall be considered in establishing priorities for housing rehabilitation work. Available financial resources (cash, savings, bonds, real property) shall be considered in establishing need based on this criteria. c. Aoolicent Coooeretbn Administration will be expedited by owner and tenant cooperetan. The City reserves the right to proceed with work on structures on which administrative requirements (applications, agreements, contracts, conferences, specifications, bids, etc.) are complete if necessary to expedite program implementation. d. Related Assistance This housing rehabilitation program will not address all housing needs of the community or of very-low, bw and moderate income people. The Neighborhood Services Housing Program will, however, provide counseling, referral, and other assistance to persons, particularly low/moderate income families, who need help with housing problems. 7. Procedures for Imolementation a. OutreachlPublic Information The folbwing efforts will be made to make affected property owners and contractors aware of this program of residential property rehabilitation. 1. Owners will be informed of public meetings on this program through notices distributed in a variety of ways, including delivery to homes in the area, mailing to neighborhood associations/organizations, posting in public places, and newspaper publication. 2. Owners will be made aware of the program during inspections of residential structures conducted by the Community Improvement staff. 3. Newspaper advertisement will be published at least once annually to recruit interested area contrectors. Bidders list is open to any licensed and insured General Contractor who wishes to participate in the program. Application to be included on bidders list is available on a rolling basis, year round. The City may disqualify any contractor with a known record of discriminatory employment practices, and contractors will be expected to comply with applicable equal opporfun(ty and civil rights laws and regulations. The City will encourage participation by minority contractors and will provide assistance to them in qualifying to perform rehabilitation work. b. Preliminary Insoectan The Neighborhood Services Staff or designated person inspects units in target areas and idenffies any deficiencies under the property rehabilitation standards. Units selected for inspection may be determined by the general outward appearance of a structure or upon request from the ownedoccupant. The owner/occupant will be notified of the planned time of the inspection. The staff person will make an initial finding of the structure in one of three categories listed below: 1. tandard The structure has few or no significant standard deficiencies or needs only cosmetic repairs. No rehabilitation assistance is required. 2. Deteriorated/Rehabilitable The structure has significant standard deficiencies but can be substantially rehabilitated within the resources, cenditions, and priorities of the program. The City will proceed to offer rehabilitation assistance. 3. Dilaoidated The stmcture has major standard deficiencies and is not practical to rehabilitate or cannot be rehabilitatetl within the resources of this program. The City may undertake action to relocate the occupants, if any, and remove the structure. In exceptional cases where rehabilitation of a dwelling may not be cost-effective or within program limits but where relocation of the occupants may not be practical, possible or desirable, the City may consider the existing dwelling "housing of last resort" and may use program funds to improve the dwelling even if the funds available will not fully restore the structure to the Property Rehabilitation Standards. c. Initial Conference Following the preliminary inspection, the inspector (usually the Housing Rehabilitation Inspector) will advise the owner and/or occupant of his findings and their consequences. If the sWcture is found to require rehabilitation, the owner will be invited to apply for program assistance. Owners will be advised that nonpariicipation in the rehabilitation assistance program will not relieve them of responsibility for compliance with the City Standard Housing Code. d. Applications Applications for housing rehabilitation assistance must be made on forms provided by the City and will include income, demographic, and other information needed to determine eligibility, priorities, and program impact. Upon receipt and review of the housing inspection report and the application for assistance. If the property and owner are approved for assistance, the owner and occupants must enter into an agreement with the City which sets forth the terms of the lien. Owners may appeal an inspectors finding that a dwelling does not require rehabilitation to the Neighborhood Services Administrator and subsequently to the Director of Community Improvement. These officers may consult the City building inspection division or other technical resources to assist in their determination. Issues regarding owner eligibility or priority may be appealed to the City Manager. e. Work Write-Uo If a dwelling unit is found to be ellglble for assistance, the Neighborhood Services staff will proceed to prepare a detailed work write-up specifying the improvements needed to make the unit comply with the Property Rehabilitation Standards, This work write-up may require further detailed inspection and may include consultation with the building inspections division. The work write-up will consist of a detailed description of all repairs needed for the unit and a confidential estimate of the estimated costs. These specifications will usually include energy conservation or energy production measures proposed for the structure. f. Pre-Bid Conference Following preparation of the work write-up by the Neighborhood Services staff, the staff will confer with the owner to review and discuss the proposed work specifications prior to bidding. The owner must consent to the work specifications before bidding. Any issues relating to work to be performed which are not resolved in conference may be referred to the Neighborhood Services Administrator for resolution. If the owner desires to have additional work performed beyond eligible improvements, the City will provide technical assistance upon request, but such additional work shall be covered by a separate contract between the owner and the contractor and shall not affect the project or this program. g, Contracting and Construction 1. Fnal Scecificatlons Following the pre-bld conference with the owner, the Neighborhood Services staff will prepare final specifications and bid documents for the proposed work. 2. Eligible Contractors An Invitation to Bid letter will be sent in writing (mailed, faxed or emailed) io contractors who have previously qualified for inclusion on a bidders list. Bidders list is open to any licensed and insured General Contractor who wishes to participate in the program. Application for bidders list is on a rolling basis and adverfisement of program is published annually to recruit interested contractors. The City may disqualify and contractor with a known record of discriminatory employment practices, and contractors will be expected to wmply with applicable equal opportunity and civil rights laws and regulations. 3. Bid Awards Sealed bids will be received and reviewed by the Neighborhood Services staff, which shall make recommendations for award. Bids will be awarded under purchasing and bidding policies established by City administrative policy and state statute. Consideration may be given to such factors as past contract performance, time of performance, and apparent capacity to carry out the work. 4. Contracts All rehabilitation contracts will be executed between the building contractor and the property owner. The City remains the agent and will ensue: contract compliance. h. Inspections During construction, the Neighborhood Services staff and the City building inspections division will periodically inspect the work to ensure compliance with contract work specifications and the City building code. Pa men s All contract payments shall be made by the City directly to the contractor. Contractor will submit required pay request forms which will require property owner's signature. Progress payments may be received prior to contract completion, but progress payments will be subject to a 10% retention requirement and payments shall not exceed 75°~ of the total contract prior to contract close-out. Payment request forms will be processed by timely submissions and the City will review and approval of work. Change Orders Changes in work that may become necessary during construction will be negotiated by the Neighborhood Services staff and approved in accordance wish City bidding/purchasing policies. Owners shall be consulted concerning proposed change orders. The contractor shall make no changes in the work nor seek payment for changed or additional work without prior issuance of a written change order. Final Inspections Upon completion of the work, a final inspection will be performed by the Neighborhood Services staff and the City building inspections division to ensure that all work complies with the contract and building code. The owner may accompany the inspecton andlor be consulted prior to contract close- out. The contractor shall submit a final invoice and warranty documents including Owner's Certification of Comple0on and Compliance, City of Delray Beach Certificate of Release and Warranty for Rehabilitation. Following receipt of required documents and approval of work, the Neighborhood Services Administrator will authorize final payment. k. Work Guarantees Contractors will be required to guarantee all work for a period of at least one year following contract close-out. During this period of warranty, complaints conceming the work shall be refened to the Neighborhood Services staff. The Neighborhood Services staff will record the complaints in writing, inspect the problem and inform the contractor of the need to correct any work problems which are discovered. Protect Close-Out Following completion of the work to the satisfaction of the City and owner, final payment to the centractor and project close-out, and wmpletion of any final benefit documentation, the owner shall accept the work in writing and the project shall be closed out, subject to the continuing requirements of the lien agreement. m. Mont orin The City will periodically perform inspections and obtain information necessary to ensure compliance with the lien agreement. 10 n. Revisit Once a homeowner or property has participated in the Housing Rehabilitation Program, the department cannot revisit the site for fifteen (15) years. 11 DEMOLITION AND CLEARANCE A. Purpose The purpose of this policy is to provide guidelines and priorities for the Demolition and Clearance program activity of the Neighborhood Services Housing Program. B. Approval and Administratbn These policies have been approved by the Delray Beach City Commission. Administration and implementation of these policies is the responsibility of the Neighborhood Services Administrator, under the supervision of the Director of Community Improvement. C. Demolition and Clearance Grants Grants can be made to eligible property owners whose property is located in the neighborhood strategy area to demolish condemned structures and clear property of debris. Demolition and Clearance activity includes the removal of dilapidated structures, junk vehicles, scrap materials, junk, debris and other hazard or nuisance items from the property in order to place it in a safe and sanitary condition. The grant amount shall not exceed the actual cost of demolition and clearance. Demolition and Clearance grants shall be available regardless of occupancy or income of the owner. D. Elioible Properties Only properties located within the defined neighborhood strategy area are eligible for participation. This designated CDBG target area is located within the City limits of Delray Beach and has the following general boundaries: North -Northwest 4~ Street and Lake Ida Road East- Southeast and Northeast 3~ Avenues South -Southwest 4~ Street West -Interstate 95 E. Assistance Priorities The principal factors considered in setting the priorities and sequence of structures to be demolished will be: 1. Vacant structures condemned by the Building Department and are considered a threat to the safety and health of persons living in the neighborhood. 2. Date of condemnation. 3. Cooperation of property owner. Relocation of residents displaced from substandard or dilapidated structures as a result of CDBG Demolition and Clearance Activities will be governed by HUD handbook #1376.1 12 "Relocation and Real Property Acquisition", and the City of Delray Beach approved Optional Relocation Policy? F. Grant Terms and Conditions 1. City as Agent The owner authorizes and designates the City to act as his agent in contracting, supervising and inspecting the work. 2. Maintenance After completion of the work, the owner agrees to maintain the property in good condition and will ensure that the property is kept in compliance with all applicable City codes. 3. Cooperation The owner must agree to provide information necessary for grant administration and monitoring, and to otherwise reasonably cooperate with NS staff in expediting the program. G. Procedures for Imolemenlation 1. Outreach Public Information The folbwing efforts will be made to make affected property owners, tenants and wntractors aware of this program of demolition and clearance. a. Owners and /or tenants will be made aware of the program during the inspections of residential structures conducted by the NS staff. b. Upon notification from the City's Building Department for code compliance, NS staff will invite the owner to participate. c. Area contractors will be contacted to advise them of the work to be done under this program activity. The City vdll encourage participation by minority contractors and will provide assistance to them in qualifying to perform demolition and clearance activities. H. Preliminary Insoection The Neighborhood Services staff or designated persons, inspects units in target areas for demolition and clearance. Units selected for program partiapation may be determined by: Structures determined to be unsafe, dilapidated and unfit for habitation or condemned by the City's Building Department. 2. Outward appearance of a structure. 3. Request from property owner. I. Grant Award After review of the preliminary inspection determination, the Neighborhood Services Administrator will determine property eligible or ineligible for participation in the program. If the property is 13 determined eligible for demolition and clearance, the owner must enter into a grant agreement with the City which sets forth the terms of the grant. Owners may appeal a finding by the Neighborhood Services Administrator that a structure is not rehabitable to the Director of Community Improvement. The City's Building Department may be consulted in providing technical assistance in the determinations. J. Contracts All Demolition and Clearance wntrects will be executed between the Contractor and the City, acting as agent for the owner. The staff will confer with the owner of property to review and discuss proposed work specifications. K. Inspections The Neighborhood Services Staff and the City's Community Improvement, Building Department will periodically inspect the work to ensure compliance with contract work specifications and the City's Building Code. L. Pa men All contract payments shall be made by the City directly to the contractor. Contractor will be paid total contract price upon completion of the work, final inspection of work performed by the Neighborhood Services staff and City's Building Department to ensure that all work completed complies with the contract and building code. The contractor shall submit an invoice for payment and waranty documents including Owner's Certification of Completion and Compliance, Ciiy of Delray Beach Certificate of Release and Warranty for Rehabilitation. Following the receipt of required document and final approval of work, the Neighborhood Services Administrator will authorize payment. M. Change Orlers Changes in work that may become necessary during demolition will be negotiaied by the Neighborhood Services staff and approved in accordance with City bidding/purchasing policies. Owners shall be consulted concerning proposed change orders. The contractor shall make no changes in the work nor seek payment for changed or additional work without prior issuance of a written change order. N. Project Close-Out Following completion of the work to the satisfaction of the City and owner, and completion of any final benefit documentation, the City shall accept the work in writing and the project shall be closed out, subject to the continuing requirements of the grant agreement. 0. Monitoring The City will periodically perform inspections and obtain infomu3tion necessary to ensure compliance with the grant agreement. 14 REAL PROPERTY ACQUISITIONIDISPOSITION POLICY A. Puroose The purpose of this policy is to provide guidelines and priorities for the acquisition and disposition of real property utilizing the resources of the City of Delray Beach Neighborhood Services Program. B. Aparoval and Administration These policies have been approved by the Delray Beach City Commission. Administration and implementation of these policies is the responsibility of the Neighborhood Services Administrator, under the supervision of the Director of Community Improvement. C. Real Prooertv Acouisition Compliance with FederaVState law All property acquisition shall be undertaken in compliance with the "Uniform Relocation Assistance and Real Properly Acquisition Policies Act of 1970" and applicable Florida General Statutes. 2. Eligible Properties Properties eligible for acquisition shall include properties located within the designated community development target area. 3. Standards for Acquisition Eligible real properties in the following categories maybe acquired. a. Easements and Rightsof-Way Easements or rights-of--way needed for public improvements (such as public utilities, streets, storm drainage, or sidewalks) included in community development activities may be acquired. b. Dilapidated and Unsafe Structures Eligible properties containing structures that are determined to be unfit for human habitation, dilapidated, unsafe, or contdbuiors to blight may be acquired for clearance and/or disposition. c. Non-Conforming Uses Eligible properties housing non-conforming land uses under the city zoning ordinance may be acquired to discontinue such property uses. d. Rehabilitation Eligible properties containing structures suitable for adaptNe reuse and/or rehabilitation under existing City policies may be acquired for rehabilitation and subsequent disposition. e. Redevelopment Eligible properties designated for redevelopment under a legally adopted redevelopment plan may be acquired for the purposes specfied and subsequently disposed of as provided in the redevelopment plan. 15 f. Public Use Properties may be acquired to provide land or facilities as site for community services, including activities of government and semi-public agencies. g. Economic Development Properties may be acquired to promote community economic development if it is determined that this will (one or more): 1. Improve the strength or viability of a commercial area 2. Provide needed support services (such as parking, amenities, etc.) 3. Improve employment opportunities in the community 4. Improve the strength or viability of existing business services 5. Attract new business ventures and/or provide essential business services 6. Attract a more desirable commercial land use 7. Attract new, desirable development D. Real Procerty Disposition Objectives The City may dispose of properties acquired under this program in order to further the objectives of its community development program. 2. Standards The following purposes are considered typical, but not exclusive, reasons for which the City may dispose of properties acquired under this program. a. To provide easements or right-of-way to public agencies or utilities for construction of public improvements or provision or public services. b. To provide locations and incentives for new private development (residential, commercial, industrial). c. To attract new occupancy, business operations, investments, essential services. d. To provide land and/or facilities for community services or facilities, including activities of public and semi-public agencies. e. To stimulate new employment, wmmeroial area revitalization, or location of more desirable land uses. f. To carry out other purposes of the City's community development program. 3, Conditions All dispositions of property under this program shall be made subject to contractual conditions and/or covenants insuring the continuing use of the property for purposes consistent with community development program objectives. 16 EMERGENCY REPAIR PROGRAM A. Puroose The City of Delray Beach through its Community Development Block Grant Program (CDBG) makes available grants to assist project area property owners in making improvements to their homes and properties. The Emergency Repair program is being developed to supplement the Housing Rehabilitation Element of the CDBG program to address immediate emergency repairs. B. Approval and Administration These policies and procedures are supplemental to the Ciiy Commission approved policies and procedures dated February 11, 1986. Administration and implementation is the responsibility of the Neighborhood Services Administrator, under the supervision of the Director of Community Improvement. C. Program Description Emergency Repair (Deferred Payment 0% interest) Loans Deferred, payment loans of up to $10,000 can be made to eligible property owners to correct code violations which are determined to be detrimental to the health and safety of the residents; or to correct code violations which H allowed to go unaddressed subjects the applicant to immediate fines by the Coty's Code Enforcement Board. 2. Designated Target Area The target area shall be the same area as designated by the City Commission for the total CDBG program: North -Northwest 4~^ Street and Lake Ida Road East- Federal Highway South -Linton Boulevard West -Interstate 95 Only those properties located within the boundaries of the CDBG designated target area eligible for emergency repairs. 3. Family Eligibility Requirements A. Ownership and Residence Emergency Repair loans shall be available to owner-0ccupants located within the boundaries of the designated target area. Owner-0ccupant must reside in the unit for a minimum of one year prior to applying for assistance. B. Income Income limits for all eligible applicants will be the revised Sectwn B income limits as developed and distributed by HUD. The division will use the most current inwme limits. 17 C. Income Verification Written verification of Income shall be required to document the applicant's inwme eligibility. Self-employed applicants may provide a copy of hismer tax return from the previous two years. In addition, the applicant or his or her bookkeeper should supply an income and expense report for at least the past three months. D, Assets For the purpose of determining eligibility for housing assistance under the CDBG program, assets may not exceed $15,000 per household. All assets held by each member of an applicant's household must be verified, including the value of equity in real estate other than the applicant's principal residence. Assets include: checking accounts, savings acx;ounts, certificates, docks, bonds, real estate, etc. The value of necessary items such as furniture, assets. Applicants may provide documentation of assets by submitting bank statements, bank books, interest statements from banks,. and tax records. All income derived from assets will be included in the applicant's gross income amount. The appraised value of an applicant's real estate minus any mortgage held on the property shall be considered as the net asset. 4. Grant Terms, Conditions The terms and conditions of Emergency Loans shall be the same as the established policies and procedures of the Housing Rehabilitation program. 5. Assistance Priorifies The principle factor to be wnsidered in setting the priorities and sequence of housing to be assisted will be severity of need (such as major weatherization problems or imminent threats to health and safety). These funds will be made available on a first come, first served basis. 6. Procedures for Implementation A. Preliminary Inspection The CDBG staff or designated persons, inspects unit in target area in order to determine the level of deficiency, and to determine whether the unit is eligible for emergency repair. Units selected for inspection shall be inspected at the request of the owner-occupant or as a referral from the City's Code Enforcement Division. The primary code violations to be addressed as emergency repair items are: 1. Leaking Roofs 2. UnsanitaryNnsafe Plumbing 3. Unsafe Electrical Wiring 4. Other, as determined by the Inspector, NS Administrator or Director of Community Improvement 16 B. Applications The application process shall be the same as for the Housing Rehabilitation Program, since selected projects vdll come from the Housing Rehabilitation waiting list. C. Work Write-Up If a dwelling unit is found to be eligible for assistance, the Neighborhood Services Staff will proceed to prepare a detailed description of the nature of the needed repair. This description may require further inspection and may include consultation vrith the Building Inspections Division. D. Pre-Bid Conference Following the preparation of the work write-up by staff, the staff shall confer with the owner to review and discuss the proposed work specifications prior to bidding. The owner must consent to the work specifications before bidding. Any issues relating in work to be performed which are not resolved in conference may be referred to the Neighborhood Services Administrator. E. Contracting and Construction Folowing the pre-bid conference with the owner, the Neighborhood Services staff will prepare quote documents in accordance with the City's Purchasing Policies and Procedures. Due to the emergency nature of this program, informal (written) quotes format least three contractors shall be obtained. Contractors shall be certfied and licensed according to the area of needed repair. Minority contractors shall be encouraged and solicited for participation in this program. Contracts shall be between the Owner and the Contractor vrith the City serving as agent for the owner. Inspections The City's Neighborhood Services and Building Inspection staff shall periodically inspect to ensure compliance with contract work specifications and the City's Building Code. G. Payments All contract payments shall be made by the City directly to the contractor. Contractor will be paid total contract price upon completion of the work, with final inspection of work performed by the NS staff and City's Building Department to ensure that all work complies with the contract and building code. The contractor shall submit and invoice for payment, releases of liens and warranty documents. Following the receipt of required documents and final approval of work, the Neighborhood Services Administrator will authorize payment. H. Change Orders Changes in the work that may become necessary during repair work will be negotiated by the Neighborhood Services staff and approved in accordance with City bidding/purchasing policies. Owners shall be consulted concerning proposed 19 change orders. The contractor shall make no changes in the work nor seek payment for changed or additional work without prior issuance of a written change order. Project Close-0ut Following completion of the work to the satisfaction of the City and owner, and completion of any final benefit documentation, the City shall accept the work in writing and the project shall be closed-out, subject to the continuing requirements of the agreement per the policies and procedures of the Housing Rehabilitation program. J. Monitoring The City will periodically perform inspections and obtain information necessary to ensure compliance with the lien agreement, if applicable. 20 DISASTER RELIEF PROGRAM A. Purpose The City of Delray Beach through its State Housing Initiatives Partnership (SHIP) program makes available funds to assist property owners in making emergency improvements to their homes and properties in the event of a naturally disaster as declared by local, state or Tederal government. B. Approval and Administration These policies and procedures are supplemental to the City Commission approved policies and procedures dated February 11,1986. Administration and implementation is the responsibility of the Neighborhood Services Administrator, under the supervision of the Director of Community Improvement. C. Procram Description 1. Disaster Relief Grants Grants of up to $15,000 can be made to pay for insurance deductible eligible property owners to repair eligible housing which are determined to require post disaster assistance. 2. Designated Target Area Residence must be located within the municipal boundaries of Delray Beach. 3. Family Eligibility Requirements a. Ownership and Residence Disaster Relief grants shall be available to owner-occupants located within the municipal boundaries of Delray Beach. b. Income Income limits for all eligible applicants will be the revised Section 6 income limits as developed and distributed by HUD. The division will use the most current income limits. c. Income Verification Written third-party verification of income shall be required to document the applicant's income eligibility. Self-employed applicants may provide a copy of his/her tax return from the previous two years. In addition, the applicant or his or her bookkeeper should supply an income and expense report for at least the past three months. d. Assets For the purpose of determining eligibility for housing assistance under the SHIP program, all assets held by each member of an applicant's household must be verified, including the value of equity in real estate other than the applicant's principal residence. Assets include: checking accounts, savings accounts, certificates, stocks, bonds, real estate, etc. The value of necessary items such as furniture and assets, etc. Applicants 21 may provide documentation of assets by submitting bank statements, bank books, interest statements from banks, and tax records. All income derived from assets will be included in the applicant's gross income amount. The appraised value of an applicant's real estate minus any mortgage held on the property shall be considered as the net asset. 4. Grant Terrns, Conditions Assistance will be provided in the form of a grant, so individual households will not be required to repay funds used however; the homeowner cannot reapply to participate in the program for another five years. 5. Assistance Priorities The principle factor to be considered in setting the priorities and sequence of housing to be assisted will be severity of need (such as major weatherization problems or imminent threats to health and safety). These funds will be made available on a first come, first qualified basis. 6. Procedures for Implementation This program will be implemented only in the event of a natural disaster declaration using any SHIP funds that have not been encumbered. The primary items to be addressed as disaster items are: 1. Emergency Supplies to weatherproof damaged homes 2. Interim repairs to avoid furtherdamage 3. Tree and Debris Removal 4. Post-Disaster Assistance with non-insured, structural n:pairs a. Applications The application process shall be the same as for the Housing Rehabilitation Program. b. Work Write-Up If a dwelling unit is found to be eligible for assistance, the Neighborhood Services Staff will proceed to inspect items described by the homeowner. This description may require further inspection and may include consultation with the Building Inspections Division. c. Contracting and Construction Following the eligibility approval of the applicant file by staff, the staff shall confer with the owner to retrieve contractor quotes for each item that will be addressed per the City's Purchasing Policies and Procedures. The department and homeowner must consent to the work specifications before bidding. Any issues relating in work to be performed which are not resolved in conference may be referred to the Neighborhood Services Administrator. Contractors shall be certified and licensed according to the area of needed repair. Minority contractors shall be encouraged and solicited for participation in this program. 22 Contracts shall be between the Owner and the Contractor with the City serving as agent for the owner. d. Inspections The City's Neighborhood Services and Building Inspection staff shall periodically inspect to ensure compliance with contract work spec~catlons and the City's Building Code. e. Payments All payments shall be made by the City directly to the contractor. Contractor will be paid contract price minus the difference of Homeowner's Insurance Policy Payments, Florida Emergency Management Agency (FEMA) funding assistance and all other leverage assistance options provided to the homeowner for disaster relief upon completion of the work, final inspection of work will performed by the NS staff and City's Building Department to ensure that all work complies with the contract and building code. The contractor shall submit and invoice the City of Delray Beach for payment. Following the receipt of required documents and final approval of work, the Neighborhood Services Administrator will authorize payment. f. Change Orders The contrector shall make no changes fn the work nor seek payment for changed or additional work without prior issuance of a written change order. g. Grant CloseAut Following completion of the work to the satisfaction of the City and owner, and completion of any final documentation, the City shall accept the work in writing and the project shall be closed-out. 23 Table 1-HUD Income Guidelines Income Percentage Number ofPersoneinHousehold Level Category 1 2 3 4 5 6 7 8 Very Low 30% 13,500 15,450 17,350 19,300 20,850 22,400 23,950 25,500 (0% - 50%) 35% 15,785 18,025 20,300 22,540 24360 26,145 27,965 29,750 40% 18,040 20,600 23,200 25,760 27,840 29,880 31,960 34,000 45% 20,295 23,175 26,100 28,980 31320 33615 35955 38,250 Low 50% 22 550 25,750 29,000 32,200 34,800 37,350 39,950 42 500 (51 % • BO%) 55% 24,800 28,300 31,850 35,400 38,250 41050 43,900 46,750 60% 27,060 30,900 34800 38,840 41,760 44,820 47,940 51,000 70% 32,200 36,800 41,400 46,000 49,700 53,350 57,050 60,700 t d 80% 36,050 41,200 46,350 51,500 55,600 59,750 63,850 68,000 e Mo era (81%-120%) 100% 46,000 51,500 57,950 64,400 69,550 74,700 79,85D 85000 Median 84,400 120% 54,120 61,800 69,600 77,260 83,520 89,640 95,680 102,000 High Moderate (121%• 140%) 140% 63,150 72150 81 150 90,160 97,380 104,590 111,800 119,020 (Income eliglb(lify limits subject to change as per the U.S. Dept of HUD) Table 2 -Income Eligibility by Funding Source City of Delray Beach Income Eligibility by funding source CDBG 0-80% SHIP 0 -120% 24 MEMORANDUM TO: Mayor and City Commissioners FROM: Susan A. Ruby, City Attorn DATE: November 14, 2007 SUBJECT: AGENDA ITEM #9. -1~~I1VG OF NOVEMBER 20, 200_7 ~CRQ~IMELV'ZAGREEMENT AND FENCE INSTALLATION ~CREEMENT/$QYAL gTLANTIC~~FED~Sg~L.G,®$~~E ITEM BEFOR~OM~I,~SIQL There are two agreements before the City Commission. Each ageement is dependent on the approval of the other. The Encroachment ageement provides that the City is released from any claim regazding any issue pertaining to the encroachment of chemical gout located adjacent to the north face of the Bob Federspiel Garage building. The Fence Installation Agreement allows Royal Atlantic to construct at its own cost a louvered fence on the top floor of the BobFederspie]GarageBuilding. B~t;~CGRQ~TD Encroachment Agreement: Block 77 constructed the garage that is adjacent to the Royal Atlantic Property owned by Ocean City Place, LLC. that is the property north of the Bob Federspiel Gazage. In the course of construction chemical gout was injected under the surface of the land. As a result a solid mass of gout was created which touched the Royal Atlantic Property. The encroachment ageement allows this encroachment to continue and each party shall be responsible to repair in the future any part thereof that lies on their respective properties. Each party releases each other from any claim regazding the encroachment. The mortgage on the Royal Atlantic Property has been subordinated to this agreement which if approved will be filed in the public records and nm with the land. Fence Installation Agreement: This agreement allows OceanCity place LLC to install an 82 foot in length by four feet in height above a four foot wall. It shall be a louvered fence on the top of the cement wall on the upper level on the north side of the Bob Federspiel Pazking Garage. Royal Atlantic will hire a contractor at its sole cost and expense to install the fence. The ageement provides that the wall manufacturer, Core Slab, Inc will inspect the work to ensure that all warranties relating to the garage remain in effect. OceanCity and the contractor shall provide insurance as set forth in paragraph L of the agreement. OceanCity will obtain all permits required at its own cost and expense. OceanCity has the duty to maintain the fence subject to city's prior written approval at OceanCity's sole expense and if they fail to do so the City may make repairs and chazge OceanCity or its successors and upon failure to pay the City may have the fence removed. RECOMMENDATION ~•O The City Attorney's office recommends approval of both agreements. cc Randal Krejcarek, City Engineer Rafael Ballestero, Deputy Director of Construction Prepared by and Return to STEVEN D. RUBIN, ESQ. 980 North Federel Highway, Suite 434 $oca Raton, Florida 33432 AGREEMENT BETWL~T ADJOWING LANDOWNERS PERMITTING ENCROACH[vffiNf OF CIIFMICAI. GROUT BE!'WEEN TWO BUILDINGS THIS AGRf~WIFNf is made this Z / day of ~i'd'PT ~ .2007, by and betwoeo OCEAN CITY PLACE, LLC, a Florida Limiud Liability company ("`OCEAN C1TY PLACE', of Palm Beach County, Florida and CITY OF DELRAY BEACH, a Florida Municipal Corporation ("CI'I'Y")of Palm Basch County, Florida, the undersigned parties. WHEREAS, CITY is the owner of tbat certain parcel of teal property as more partleuatiy described on Exhibit "A" enached herdo and made a pert hereo>y hereinafter refemod to as the ..G~e ~~~~. earl WI-~RFAS, OCEAN C1T'Y PLACE is the owner of the adjawtt parcel of real ~opcrtY located w the north of and contiguous w the Garage Property as more Particularly descre'bed on Exhibit "B" attached hcrdo and made a pad hereof; hereinafter refereed to as the "Royal Atlantic property"; and WI-IEREAS, ClfyS predocassor in tiUq BLOCK77 DEVELOPMENT GROUP, a Florida Limited Liability Corporation (`BLOCK 77") constructed a garage On the Garage Properly and IxEAN CITY PLACE has oonttructed a condominium on the Royal Atlantic Property; and grI~REAS, in the course of coashnctiog the garage der the Garage Property, pursuant W a later agreementlxtwcenBLOCK 77 and OCEAN CITY PLACE dated Apri128, 2006, BLOCK 77 injected chemical grout andlor concrete-like material (hereinafter collectively referred to as "Chemical GrouP~ underthe sutfaoe ofthe Luxl between the GatagePropatyand the Royal ptlanUc Property for the purpose of stxeagtheaing the soil under the Royal Atlantic Property appurtenant to the foundation of the oomdoarinium onthe Royal Atlantic Properly; and WHEREAS, as a result ofthc injection of the Clxmical Grout by BLOCK 77, acoretiguons solid mass of the Cxtemical Grout was created commencing from the northern footers ofthe garage underthe surface ofthe Garage Property to end touchiogthe foimdaUon oftba condominium located under the surface of the Royal Atlantic Property (the portion ofthe Chentiral Grout lying under Uu surface of the Royal Atlantic Property is hereinafter referred to as the "Encroachment Area': and \VHEREAS, BLOCK 77 conveyed the Garage Property m the C1TY; and Page I of 7 ~- wflERF.AS, CtCy wd QCEAN C1TY PLACE dctire ro memorialize their agrrxmeat conccnring the Eaanachmccat Anee which will be binding upon end inure ro the benefit of the parties' successors arvd assigns, including withotrt limitation. NOW, THEREFORE. in consideration of the atnteal promixa and coverrents contained herein, and for other Mood and valuable consideration the receipt whereof is hereby acknowledged by each of the parties, CITY cad OCEAN CITY PLAN agree upon the following teens and conditions: 1. By virtue ofthe execution ofthis Agreement sad except forthe caacmmt neared by this Agreement, CITY herebyquit-claims, remises, releases cad ermsfers to OCEAN C1TY PLACE say end all right, title andmterest CITY has in and ro the Royai Athmtic Property which may have azisea and which may arise by adverx possession or oUrerwiae, due ro the Chemical Grout is the Encroachment Area By virtue of the execrnion of this Agreement, OCEAN CT['Y PLACE hereby gnitclaims, remixs, releases and traasfen to C1TY any cad all right, 5t1e and interest OCEAN CITY PLACE has is and ro the Garage Property which may have arisen and which may Brix by adverse possession orothenvix, with respe<# ro the Chemical Grorrt located underthc surface of the Gazage Property. 2. OCEAN CI'T'Y PLACE, for itself and for its successors and assigns. covenants cad agrees that as long as the garage shell remain standing on the Crarage Property (or in the event of its dutruction, it is rebuilt), C1TY, and iU successor9 sod assigttt„ Shs11 have the right ro keep the Chemical Groat in place in the Etcroachment Area ro the same extort sad in the same manner as it now may encroach under the stafacc of the Royal Atlantic Property. 3. Tf and when the need arises for the repair, replacement or other mairRwaanoe of the Chemical Grout in the F.nc[oachment Area~Y pIAC and Cl'I'Y ~ ob igation ro shall be bourne exclusively by OCEAN maintain, repair orreplsoe saY portion of the Chemical Grout which is located is the P,ncroechateat Area. OCEAN CITY PI.ACE, for itself and its successors and assigns, egxccs that it shall not replace or remove the Chemical Grout in the Encroachment Area if such ranoval or replacement would damage or injure any portion of the garage or impair wall or footer support of the garage located on the Garage Property. 4. If and when the need arises for the repair. replacement or other mainteoatrce ofthe Chemical Grout located under the surface of the Garage Property. the oust of such repair. maintenance and replacement shall be bourne exclusvcly bq Cf f Y.and OCEAN CITY PLACE shell havc no obligation ro maintain, repair or raPlxe any Portion of the Chemical Grout located under the surface of the Garage Property. Ctl'Y for itself and its successors and assigns, agrees that it shall not replace or remove the Chemical Grout located under the stztface of the Gazage Property if such removal or rep]acement would damage or injure any portion of the condominium or impair wall or footcr support of the condominium located on the Royal Atlantic Property Page 2 of 7 5. ExceptasotherwisestaxdinthisAg~mcnt,OCEANCITYPLACEdoeshaeby remise, release, acquit, satisfy, and forever discharge the CITY, and its agents, representatives, officers. directors, employees, commissioners, attorneys and deparmaenb of and from alt, and all manner of actions, causes of action, suits, debts, dues, sums of mortry, acoounb, reckonings, bonds, bills. specialties, covenants, contracts, controversies, agreement, promises, variances, trespasses. damagev, judgments, executions, claims and demands whatsoever, in law or in equity, which OCEAN CITY PLACE ever had, now has, or which OCEAN CT1Y PLACE and any personal represemative, successor, heir err assign of OCEAN CITY PLACE hereafter can. shall or may have against the CfI'Y for, upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of these present, including without limitation all actions. claims or liabilities whether accnral, unacerued, lmown or rmintown in wnnection with or arising out of BLOCK TTS the injxtion of Chemical Grout upon or render the Royal Atlantic ~Y• 6. OCEAN Cfi'Y PIACEIterebygtant. conveys andttansfersto CI'L'Yanon-exclusive easement in perpetrrity for the use and placement of the Chemical Grout in the Er~cmachmertt Area to the same extent as it may now encroach rmdtr the surface of the Royal Atlantic Property, subjed to ordinary and usual shifting and settling. 7. This Agreement shall be binding upon and intue w the benefit of the patties. their respective, successors, assign, heirs. gantces and personal representatves end any other person or other entity which at aqy time in the future will be come the owner ofthe Garage Property or Royal Atlantic Property, respectively. 8. ThisA~ceemeartshallr~titu~acovcmntwhiehrunswithlandwithrespecttothe Garage property and Royal Atlantic Property, as Provided by law. 9. This Agent supersedes ant and sU prior or contmrporaneons agraemenu. both Deal end written, and this Agreement wntains all of the covenants and agrarnents with respect to the terms stated heroin. 10. Any notices to be given under this Ageemem by o~ party m the other may be effected eiWer bypersonal deliveryinwtiling orbyregistered orartifiedmail, withpostage prepaid and return raxipt r~tod. Mailed notice shall be addressed to the patties e<the addresses stated below respectively,or as they mayappear in the corporate tecads of the Florida Seerebry of State. However each party mat chmge the address for receipt of notice by ®ving written notice in aceordartcewidttltispe<agraplr. NoticevdeliveredpetsaoallYwillbedeeotedcommrmicatodatthe time of delivery. Mailed notices will be deemed cornrmmicated three (3) days after deposit is the U. S. Mail. Any notice to CITY shall be addressed to: Susan Ruby, Esq. CFty Attorney City of Delray Beach Page 3 of T ~- 200 N. W. 1' Avenue Dchay Beach, Florida 33444 With a copy to: Stcvcn D. Rubin, Fsq. 980 North Federal FLghway, Suite 434 Boca Raton, Florida 33432 Any aotix to OCEAN C1TY PLACE shall be addressed to: Oxen City Place 2740 Monroe Avenue Rochester, New York 14618 with a copy to: Blaine Dickooson,Esq. Dickenson, Murphy, Rac R Blom 980 North Federa! Highway, Suite 410 Boca Raton, Florida 33432 IN QVITNESS WHEREOF, tlu undersigned havel~cemto set their hinds and seela the day and year first above written. of Witruss tt~ u ~ ~. M ~b,uic~,ve Print name of witness Witness Print name of witness witness Print name of wih>es9 C[TY OF DELRAY BEACH, a Florida Mmdcipel Corporation By. ~Yo+ Page 4 of 7 ... ~... OCEAN Ci7'Y PLACE, LLC, a Florida Limited Liability Compaoy Attested by: Printed Name City Cledc ~~l ,ICX~ STATB OF ~9~A COiINTY OF-F~1~4-- N~Ot1fOC'- The farzgoing instrument was aclmov bylrtario I)aaiele, Mana~ttgMemberofOCF Company, who (please check one) x is (are) personally kmwa to me OR bas (have) pxodaced identification and ltelsheRhey (please check o~) _ did take as oath _~ did not take an oath. 2007, JESSICA M. l1ARGRAVE ~nrt fr~1M,1~ (~(~i~.J-HQ My Commission F.xpirc![tstaq Public, State of Mew Yolk Notary Public Nonrae ao~i Commission Et~lns STATE OF FLORIDA COUNTY OF PALM BEACH Theforcgoittginshumdttwasaclmawkdgedbeforemethis_dayof .2007, Uy ,Mayor, of City of Delray Beach, a Florida Municipal Corpoaation, who (please check one) is (aro) petsooatly known to me OR has (have) produced ~ idmtifuxdaa and hdshdthey (please check oa) _ did take an oath ~ did not take an oath. My Commission Expires: (Munfcipal Seat) beforemethis~ Notary Public Page 5 7 THIS AGRF,El~t1't', made this ~ day of f3'PJ`' ., 2007, by sad between 1 `United Bask, and City of Delray Beach, a Florida Municipal Corporafion, its successors and assigns ATIMA (hereinafter referred to as "City) 200 N. W. 1' Avenue, Delray Beach, Florida 33444. WITNESSETH: WIiEREAS, Ocean City Place, LLC, a Plaids Limited Liability Company (hereinafter ref'emed b as "Oceaa'~ is the owcer oftbe fee simple fide b that certain real property described as folbws: 3EE ATTACHED EI~IIBIT'B° WIffiREAS,1'United Bank istheowmrandholdcrofthatcertdamotigagegivenbyOcean b 1' United Bank, rocorded'm Official Recod Book 18703, Page 2 of the Public Records of Patin Beach County, Florida, in the original principal sum of ~~tS0O. Q0 and encumbering the real propeRy lrereinabove described, and WHEREAS, Ocean has executed a will execu0e aso Agreement Between Adjoining Landowners Permitting Encroachment of Chemical Groot Betwcea Two Hnildings(hereinatler referred to as the "EnetnachmeM AgreemeaY~ encemmbering the above described rral property, and it will be recorded in the OIHce of the Clerk of the Circut Court in and for Palm Beech County, Florida, in O(Scial Record Book _~ Pege _~ and, WFIEREAS, City, as a condition b executing the Encroachment AgteemeaL, bas regrrired the subordination of the mortgage held by 1' United Smk b the Fncroachment Agreement, and WHEREAS,1'UnimdBenkdoesconsentendagnxtosubord'mateitamortgagehereinabove described b the F...~....r4.meat Agcceraem. NOW, TFIEREFORB, is camsideration of the foregoing and the s~ of one Dollar (S1.00) and other good sad valuable considerafion paid tmb I' United Bank by Ocean, the receipt whereof isherebyaclmowledged, l"United H~does covenant and agteewith Citythatthe ccrteinmortgege from Ocean b 1' United Bade, daOed.J00 e t o~001 recorded in Official Record Book 18703, Page 2, of the Public Records of Palm Beach Couny, Florida, in the origmai principal amotmt of S $C)7• es andshsllbesubjectaodsubordinatebOreEacroachmeatAgrcemeenwhichwill be orded in the Office of the Clerk of the Circuit Court is and for Palm Beach Cormty, Florida ire Official Reoad Book ~ Page _~ is the same manner and b the same extent as if the I' United Sank mortgagehad bees executed and recorded subsequmtb theexewtion and delivery sad rxcotding of the Encroachment Agreement IN WfINESS WHEREOF, I have hereunto set myhand and seal oa the date above written Page of 7 ls` UNITED BANK ~_-.__ t i~V ice P~esideu~ STATE OF !,, COUNTY OF a, CI1 fn was aclmowlodg~ before me this ~ day of 2007, by ,~ ~ '~. Ufa of 1"United Bank. (pl check o~u), who is (a:e) pusooslly known b me OR }~ ~~) produced as idemification ead hrJsheRhry (please check one) did take an oath ~_ did not take an oath My Ca ~i~ ~ ~n,,,sanaer Pub ' 4~~'~^ (S 'and 5 p) Page 7 of 7 ,-. ~ - t.tRAt. Dt?aClt-tIP'!'?ON PI1BLiCPARi~NG$ACII,I'FY (GARAGE PROPERTY) gahihlt "A^ to ADJOINING I,ANDOSPNERS' AGREEMENT Pa e All of the plat of WORTNQJG PLACE BLOCK 69, aceordktg to the map or plat tbercofa wardedm Plat Book 105, page 177, Public Records of Palm Basch Count', Florida; Fotmaly described es: Lou 20, 2l and 22, Block 69, Subdivision of Bloelt 69, Dakay, Pbtida ttoeording to the tttap orplal thcccof at rooorded in Plat Book 2, Page 43, Public Records ofPalm Beach Ctwaty, Flatda; and t'~.*el TWe A portion of Lot 19 of the Sub6ivision of Block 69, paint' Beach, Floritlq accotdptg 1p she Plat thtteof, as rocorded in Plat Book 3, Page 45 of the Public Rewrda of Palm Bach County, Florida, being stole particularly described as folbwa: Commencing se the Notthwut corner of said Lot 19, Aso bring she Sotlthwtat convex of WotOdng Plea ~~ $lak 69, as raeorded in Plat Book 105, Page 137; Thence S 89°06'29^ E along iha Tderth line of said Lot 19, a distance of 2.00 fret to the Point of Beginning; Iltfatee andouc S 89°06'29" Aong said Nmih tine, a distance of 124 fact to a point of intersection with the West tint: of the right.of--wry for S.& 1` Avenue a shown in OffirSal Records Book 18488, pages 604.606 of the Public lternrda of Palm Bach County, Florida, also being a lino 5.00 feet Weu of and pacaUel with dte Eaat lien of said Lot 19; Theuta S 00°00'00" W along said parallel line, a dishnx of 0.37 feet to a point of intereeclbn with a tine 0.33 fen South oC and parallel with the No.th tine oEsaid Lot 19; Thanes N 89°06'29" W along said parallel line, a disunee of 124.00 fiat to a poiot of mtenection with the East line of the right-of--way fora 16.00 foot wide Alfry as shown in Official !;cards Book (8488. pages 604.606 of rho ]?ubllc Rtieords of Palm Beacft County, Plorda, also being a line 2,00 ftxt Bast of and psratkl with the West lint: of said Lot 19; Thace N 00°00'00" W along said Psralkl Bra a distance of D.33 feet to the point of beginuhtg. ~_ Ba1t141t "$* - I.eaat Deseriolion to A~eament Between AdbWs:I.mdownen Perodttlne F.neroachtneut of Chemical Croat Belrveeo Twa BuJldhres Lotr 23 and 24, Hlock 69, Subdivision of Hlock 69, Delray, Florida, accrndisig to the map ar pint thereof as recorded in Plat Book 2, Pngt(a) 43, Public Records of Palm Beach County, Florida. Prepared by sad Retmn to: Steven D. Rub'm, Esq, 980 NoRh Federal II"ighway, Suite 434 Baca Raton, Florida 33432 AFFmAV1T OF OWNERSHIP Art9 AL*r''z0 rrv BEFORE ME. the tmdersigned authoritypetsormily appeared Mario Dmiele, the Managing Member ofOoeaa City Place, LLC, a Florida Limited Liability Company, who efts being first duly sworn upon oath and personal knowledge says: 1. That I am the Mamging Member of Ocean City Place, LLC, and I make all statements herein based upon my personal knowledge Ocean City Place, LLC. a Fkiida Limited Liability Compaq is the owner of the following described property which is attached hereto as Exhibit "A". 2. That as the Managing Member of Ocoee City Place, LLC ("Owner', I have the authority to execute this Affidavit on behalf of the Owner. 3. The ody mortgage preseruly ertcatmbettng rho property described on Exhibit "A" >3 !" United Bank. 4. That no other person or entity otlxr than Owner must join in or consent to the Agrxmerrt Between Adjoizring Landowcers, a copy of which is attached hereto as Exhibit "B", to make it binding and effective on the Owner and its successors and/or assigns, and to establish it as a covenant which rtms with the lend described in F,xhibit "A". 5. This Affidavit is made to induce the City of Delray Beach, a Florida Municipal Corporation, to permit Owner to install a fence oa the Garage Property. b. Affiant furtl><r stasis that be is familiar with fire nature of en oath; and with the penalties as provided by the laws of the State aforesaid for falsely wearing to statements made in as instnuneat of this nature. AtSantfurther cerBdies that Ire has read, of has heard read to him the full facts of this affidavit, and understands its contest FURTHER AFFIANT SAYETH NAUOIiT ~' ' Mario Deniele Page 1 of 2 . of N~h1 YOK1L CAJN ~ v DF IdOt~RoE 'I7~e foregoing inatrnmem was sworn to and subscribed before the this Z/ day of Sd P ~. 2007, by Mario Daniele, who personally appeared befote the and (please check one) _L is (are} personally known to ttte OR has (have) producod as identiiScation and he/shdthey {please check one) ~ did take an oath did not take an oath. ~~ f~J'ifg ~ C9 ,L~ My Commission Dcpires: Notary Public 11:SSICA M. HARGRpyg Rotary Public, State of BewYotk Monroe ua Commission ExpirosL Page 2 of 2 ~,~ f >i7BIHIT 'A' TO AFFIDAVIT OF OfUUiRSBIP AND AUTHORITY Iota 23 aed 24, Block 69, Subdivision of Hlock 69, Detny, Pbdda, sccardiag to the map a plat thereof ss meotded in Plu Book 2, Pago(a) 43, Public Records of Palm Beach County, Florida, FENCE INSTALLATION GUARANTY AGREEMENT THIS AGREEMENT is made on this _ day of , 2007, by and between OCEAN CITY PLACE, LLC hereinafter referred to as "Ocean City", and the CITY OF DELRAY BEACH, FLORIDA, a Florida Municipal Corporation hereinafter referred to as "Owner". In consideration of the covenants and mutual promises contained herein, Ocean City and Owner agree as follows: 1. The purpose ofthis Agreement (hereinafterreferred to alternatively as "Agreement" or "Contract") is to specify the obligations of Ocean City to guarantee the efficient and professional installation ofa eighty-two foot (82') (length) by four feet (4') (height) louvered fence on top of the cement wall on the upper level of the north side of the parking garage located on S. E. 1"Avenue, Delray Beach, Florida (hereinafter referred to as the "Garage") which is owned by the Owner. Ocean Ciry owns the real property immediately to the north of the Garage, and it has requested Owner's permission to install the fence on the Gazage wall, at Ocean City's sole cost and expense, for the purpose of partially shielding the view of the Gazage from the upper floors of Ocean City's Condominium known as The Royal Atlantic. 2. a. Ocean City agrees to retain, at its sole cost and expense, Screen Builders, Inc., a Florida licensed fence installation contractor, hereinafter referred to as "Contractor", to perform the services and supply the materials and labor, in accordance with the specifications set forth in the Contractor's proposal dated May 24, 2007, which is incorporated by referenced herein and attached hereto as Exhibit"1". Notwithstanding anything to the contrary contained in Exhibit "1", the Contractor shall also comply with the terms and conditions contained this Agreement. b. As an integral part of Contractor's services, CORE SLAB (MIAMI), INC., hereinafter referred to as "Warrantor", shall inspect the Contractor's work at the completion of instal lation of the fence to ensure that all of the W amantor's warranties relating to the Garage that are in effect as of the date of this Agreement, remain in full force and effect, and that none of such warranties are voided or modified as a result of the installation of the fence. If the Contractor's work causes the Waaantor's warranties to be voided or modified in anyway, the same shall constitute a material breach of this Agreement. c. Contractor's warranty of its labor, material and services ("Work")shall inure to the benefit of Owner who shall be an express third party beneficiary of the Contractor's warranty. d. Ocean City shall bear the risk of loss in the event any Work must be redone as a result of inclement weather. e. All materials shall be new and delivered to the job site by the Contractor. All Work shall be done in anon-negligent and good and workmanlike manner. The Contractor Page 1 of 6 shall adhere to the Warrantor's instructions for use of the materials and for all methods of application, and shall comply with all applicable governmental rules, codes and laws. 3. Ocean City hereby unconditionally and irrevocably guarantees to Owner, its respective successors, and assigns, the timely performance ofall obligations ofContractor underthis Agreement, and the contract between Ocean City and the Contractor. If any of such obligations of Contractor aze not complied with, in any respect whatsoever, and without the necessity of any notice from Owner to Ocean City, Ocean City agrees to (i) assume all responsibility for the timely completion of the installation of the fence at Ocean City's own cost and expense, (ii) pay all bills in connection with the installation of the fence and (iii) indemnify and hold Owner harmless from any and all loss, cost, I iability or expense that Owner may suffer by reason of any such non-compliance. Ocean City's guazanty is an absolute, irrevocable and unconditional guaranty of payment and performance. Ocean City shall be liable for the payment and performance of the Contractor as a primary obligor. This guaranty shall be effective as a waiver of, and Ocean City hereby expressly waives, any and all rights to which Ocean City may otherwise have been entitled under any suretyship laws in effect from time to time, including any right or privilege, whether existing under statute, at law or in equity, to require Owner to take prior recourse or proceedings against the Contractor. 4. GENERAL CONDITIONS AND TERMS A. The Contractor shall promptly correct all Work, including services, labor, and materials, which is defective or which fails to conform to this Agreement whether observed before or after completion of the Work and whether not fabricated, installed or completed. The Contractor shall beaz all costs of correcting such rejected Work. If the Contractor fails to correct defective Work or consistently fails to carry out the Work in accordance with this Agreement, the Owner may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. If the Contractor defaults or neglects to carry out the Work in accordance with this Agreement, the Owner may revoke permission to Ocean City to install the fence and require Contractor to remove all materials and to restore the Gazage to the condition in which it existed before the Contractor commenced Work. B. The Contractor shall supervise and direct the Work, using its best skill and attention. It shall be solely responsible for all means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Agreement. C. The Contractor shall be responsible to the Owner for the acts and omissions of its employees, sub-contractors, and their agents and employees, and other persons performing any of the Work undcr its contract with the Ocean City. D. The Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or Page 2 of 6 permanent and whether or not incorporated or to be incorporated in the Work. E. The Contractor shall at all times enforce strict discipline and good order among its employees and shall not employ on the Work any unfit person or anyone not skilled in the task assigned to him. F. The Contractor shall warrant to the Owner that all materials and equipment furnished under this Agreement will be new and will be of good quality, free from fault and defects and in conformance with the Agreement specifications. All Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the Owner, the Contractor shall famish satisfactory evidence as to the kind and quality of materials and equipment. G. The Contractor shall pay all sales, consumer, use and other similar taxes for the Work or portions thereof provided by the contract between the Contractor and Ocean City. H. The Contractor shall secure and pay for any governmental permits, fees, licenses, and inspections necessary for the proper execution and completion of the Work which aze customarily secured after the execution of this Agreement and which aze legally required at the time the Work is performed. I. The Contractor shall give all notices and comply with all laws, ordinances, Hiles, regulations and lawful orders of any public authority bearing on the performance of the Work. J. The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by his operations. At the completion of the Work it shall remove all its waste materials and rubbish from and about the premises as well as all his tools, construction equipment, machinery and surplus materials. If the Contractor fails to clean up after completion of the Work, the Owner may do so and the cost thereof shall be charged to Ocean City. K. To the fullest extent permitted by law, and for additional consideration, Ocean City shall indemnify and hold harmless the Owner and its agents, employees, commissioners, and representatives from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, azising out of or resulting from the performance of the Work, including damage, loss or injury to person and property which is caused in whole or in part by any negligence or intentional act or omission of the Contractor, any sub-contractor, anyone directly or indirectly employed or retained by any of them or any one for whose acts any of them may be liable. Ocean City and its successors and assigns, shall indemnify and hold the Owner and its agents, employees, commissioners and representatives harmless from and against all claims, damages, losses or liability that may arise after the fence has been installed if the claim, damage, loss or liability is related in whole or in part to the existence of the fence in or on the Gazage (e.g. if the Garage is damaged in a hurricane because the fence is tom from its place of installation, Ocean City shall pay for such damages). Page 3 of 6 L. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. M. Proof of Insurance (1) Ocean City and the Contractor shall be required to procure insurance for its respective employees, vehicles and equipment with respect to liability and workers' compensation coverage (as required by the State of Florida). Commercial general liability insurance must be at least One Million Dollars ($1,000,000.00) per occurrence, combined single limits; auto liability insurance must be at least Five Hundred Thousand Dollars ($500,000.00) per occurrence, combined single limits. Ocean City and Contractor shall provide property damage insurance up to the replacement cost of materials and name the Owner as loss payee as their interests may appeaz. Ocean City and Contractor shall furnish Certificates of Insurance for all required insurances that must be current and correct, and delivered to the Owner before any services aze performed. Owner shall be named as an additional insured. N. Contractor may not assign or subcontract any duties or obligations under this Agreement without the prior written consent of the Owner. O. The Owner shall have the option to revoke permission of Ocean City to install the fence on the occurrence of any of the following events: (1) Material breach of Contractor's or Owner's duties and obligations under this Agreement. P. Any notices to be given under this Agreement by either party to the other may be effected either by personal delivery in writing or by registered or certified mail, with postage prepaid and return receipt requested. Mailed notices shall be addressed to the parties at the addresses listed below. However, each party may change the address for receipt of notice by giving written notice in accordance with this pazagraph. Notices delivered personally will be deemed communicated at the time of deliver. Mailed notices will be deemed communicated when mailed. Owner at: Office of City Attorney Susan A. Ruby, Esq. 200 N. W. ]"Avenue Delray Beach, Florida 333444 Ocean City at: c/o Mario Daniele Ocean City Place, LLC 2740 Monroe Avenue Rochester, New York 14618 Page 4 of 6 Contractor at: Screen Builders, Inc. 8451 McAllister Way West Palm Beach, Florida 33411-3715 Q. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. R. This Agreement supersedes any and all agreements, both oral and written between the parties concerning the installation of the fence in the Garage. Each party acknowledges that no representations, inducements, promises or agreements, written or oral, have been made by either party, or by anyone acting on behalf of either party, that aze not embodied in this Agreement. Any modification of this Agreement will be effective only if it is in a writing signed by the party to be chazged. S. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. T. Contractor shall be independent contractor and shall be responsible for reporting and paying all Federal, State and local taxes. U. This Contract shall be binding upon the parties and their respective successors. V. The Effective Date ofthis Agreement is the date the last one ofthe parties signs this Agreement. W. This Agreement or evidence of it shall not be recorded. X. After installation of the fence has been completed, Owner shall have no obligation to maintain, repair, or replace the fence or any of its components. After installation of the fence has been completed, Ocean City shall have reasonable access to the Garage, upon reasonable advance notice to Owncr, to maintain, repair or replace the fence when maintenance, repair or replacement is necessary, subject to the prior written approval of Owner upon terms reasonably satisfactory to it, which such terms at minimum shall include indemnification, adequate insurance, preservation and compliance with Warrantor's warranty and use ofa properly licensed and insured contractor. In the event the fence is not maintained in good repair and condition, Owner shall have the right to maintain and repair it and to thereafter chazge Ocean City, its successors or assigns, for the cost of such maintenance . In the event the costs of such maintenance and repairs aze not reimbursed to Owner within fifteen (15) days after written demand therefor, Owner may remove the fence and dispose of it at Ocean City's expense. Thereafter, Ocean City shall not have permission to reinstall the fence. Y. This Agreement may not be assigned by Ocean City, except to the Royal Atlantic Condominium Association, Inc. Page 5 of 6 Z. OWNER AND OCEAN CITY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE THE RIGHT ANY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS GUARANTY, AND ANY AGREEMENT EXECUTED IN CONJUNCTION HEREWITH OR THEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY. ZZ. In the event that the terms of this Agreement are breached by Owner or Ocean City, the parties agree that a party violating the terms of this Agreement shall not be in breach until the non-violating party.has given notice of the violation and such violation has not been cured within thirty (30) days after the non-violating party sends notice of the breach. BY: CTfY OF DELRAY BEACH, a Florida municipal corporation, Owner Rita Ellis, Mayor OCEAN CITY PLACE, LLC, a Florida Limited Liability Company BY: (SEAL) Mario Daniele, Manager Date: Page 6 of 6 '1 Nov. 15. 1007 4:15PM Screenbciders '. StYNo. 3163 /IP. 211 ~{ y ~... ,Vr~,v mumoer m wum um ratan o o arras ES ) ~j( •.I ~,y(~~'Q~~. R roM[Ael1RE YES NO ALUMINUA! 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Marl wnr.wr.m,..r1 a••Ir:n \n• ynnnh:m M 1M- grtrrnl +NrA rw rrnplMld «r ntrmAuwM.lr m IwwMmp M rxheYw w IM nrr •a •eeY V..hlMinr nr :,wne•n •.mmr. o1Mm nn n+rp.na n., r•n+,rna nr••....n hr,rnl. rnN m •wn lr,.rnwwr w+M•e..•nMNn In tw irN•141iw -Ilrll,n•+Wrh •INY Armh:+, ,n un..xhn ierl•dxl,.,l. e Nov. 15. 2007 4:16PM ~t',L ~1~~~''~` Screenbuiders t ~A•~~~ s No. 3163 P. 4 SCREEN PATIOS • PORCXES POOLENCLOSUREB•DOORS ALUMINUM ROOFS 'OUaliry !s our Servroe... Screens & Fences sre our Buslneeel' PQm BaK~S87-793~U2B MorN erawrtld6f 2G5OBDf -8o11ANW/M096laBiJ9i7 PL St, LueN 772279.7 6e9.8NN I7IIM9-E100 alOMar Area•f200-Y72.72A2 • Fu 6lf/7Y95B06 8451 MoALLISTER WAY -WEST PALM BEACH. FLORIDA 33411.3715 LICENBED & INSURED -CONTRACTOR MU14/48 BROWARD 954540 AL•R AMENDMENT TO CONTRACT Screen Builders is bound by the Fence Installation Quarantae Agreement Terms between Ocean City Place, LLC and the City of Delray Beach. ~' //~1' y////J 4 M chael Sonsini • `~3pM ~sso~ o~~pF~ '20g10~ 8451 McALLISTER WAY -WEST PALM BEACH, FLORIDA 33411-3715 LICENSED & INSURED -CONTRACTOR pU14148 RROWARD 954540 AL-R November 13, 2007 Re: Process #07116384 Attention: Susan Ruby Thank you for your letter dated October 18, 2007. SCREEN PATIOS • PORCHES POOL ENCLOSURES•DOORS ALUMINUM ROOFS 'Quality is our Service... Screens & Fences are our Business!' Palm Beacft561-783.6029 !bM &owartl 587-395-0801-South Browartl 954-A85-&993 Pt. St. Lucie 772.879.7599 • Stuart 772-e835700 nil OMer Areas t-800-972-72x2 • Fax 561/79&5904 As per your request the proposed fence for the City of Dehay Beach Pazking Gazage is as follows: Color is Snow White. 2. As per sheet 1 and 2, material is louvered blades (aluminum). 3. Manufacturer detail L-2 51-63-067 wt/ft:0.45 4. Job completely welded and attached to the concrete wall with (4) size 3/8" x 4" tapcons per post, as per engineering drawing. Sorry for any confusion this may have caused. Sincerely, .~~----~ Antonino Lucia PE No. 6016G J ° sa~~~ ~W ~s ~> _~~~~g ~~~a~` _~~ ~++ 3 z a W t 7 ~~ ~~ ~\ ~.. ~~ v U ~~ L ~~~ ~___ I y ~ ° J ~ ~ v'.+c ~YY:!¢;'/-.^.-o:.rsL.: -,.. r.~d4os4d1ini.nsv+>q!F!'1!T.3:,..~....++i-~:wri."~~`.e' ~~ ~ ~ ° o g o °~ =~ ~ ,, ~ a~ 8 0~~ o ~~~ o v ~9e3p3p~6py~p4pgEq^A^ y a ~ k O ~~ ~ ~ O ~118Y~S]DSC ~ k "~ ° ~°~~~~~~ .~~o Ilillllllllll ~, ~ _. °0000 ~ a ~~.. ~;§ o~o~~€ ooo~~~oo~~ ~ 0 0 1 fQ Y ~' ~H ~ `~~ O - i- c~ ~ c3 ~ ~ ,~ ~ ~ ~~ ~r ~ k ~ ,k . ^n ~ ~ ~: I r~ 1 ° °4 ~~ y}X ~ J > ~ ° ~ C i ~ yyj ~ ~ ~ v' ~~ ~ ° B ° 3 ~ g6g S. 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Page 1 of 1 From: Ruby, Susan Sent: Thursday, November 15, 2007 9:50 AM To: Inglese, Cathy Subject: FW: Block 69 parking Garage, Delray Beach, FL. (#0562) Include this email in agenda package Susan .yL Rudy City Attorney 200 N.W. 1st Avcnue Delray Beach, FL 33444 telephone: 561-243-7091 facsimile: 561-278-4755 email: ruby@ci.delray-beach.fl.us From: Qasim Khan [mailto:gkhan@coreslab.comJ Sent: Wednesday, August 22, 2007 11:07 AM To: Diaz, George Cc: gwolfsthal@coreslab.com; floradaniele@yahoo.com Subject: Block 69 parking Garage, Delray Beach, FL. (#0562) Hello Mr. Diaz; Per our conversation, standard Coreslab warranty is still valid with the fence installed as shown on your details. Fence will not compromise structural integrity of the panels as long holes are drilled min 6" away from the edges, because of mbar located around panel perimeter. Any repairs associated with damage to the panels during fence installation will be contractors responsibilty. Please call us if you have any questions or concerns regarding this matter. Qasim Khan P.E Coreslab (Miami) Inc. 11/15/2007 MEMORANDUM TO: Mayor and City Commissioners FROM: Doug Smith, Assistant City Manag~e~r /~ THROUGH: David T. Harden, City Manager ~V " I DATE: November 16, 2007 SUBJECT: AGENDA rl'EM #. , -REGULAR COMMISSION MEETING OF NOVEMBER 20.2007 RESOLUTION 67-07 ESTABLISHMENT OF A CLREEN TASK FORCE ITEM BEFORE COMMISSION The item before the Commission is approval of Resolution 67-07 establishing a Green Task Force. The City Commission reviewed a draft resolution to establish a Green Task Force (name changed from Omen City Task Force) at the November 13 Workshop Meeting. Based on the discussion at the workshop a number of revisions were made. Key points regarding the Task Force are outlined below: . Seven Members . Members are to have expertise or interest in environmental conservation and sustainability . Task Force is to report to the Commission and will sunset 6 months finm the group's organizational meeting unless extended by the Commission. . The Task Force is to consider the cost of implementation as they form recommendations (added following workshop) . The Task Force is to provide recommendations to the City Commission on: 1. Ways to improve the environmental sustainability of City programs, services, equipment and facilities 2. Strategies for improving the environmental sustainability of the community 3. Incentives for residents, businesses, and organizations to practice environmental conservation including recycling. 4. Proposed means to enhance water and energy conservation 5. Ideas for promotion of tree planting and xeriscaping 6. Best practices to be considered for implementation in Delray Beach, including g~ long-term strategies (added following workshop) RECOMMENDATION Staff recommends approval of Resolution 67-07 establishing a Green Task Force. RESOLUTION NO. 67-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CREATING THE GREEN TASK FORCE TO MAKE RECOMMENDATIONS TO THE CITY COMMISSION REGARDING ENVIRONMENTAL SUSTAINABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS the State of Florida has established the Florida Energy Commission as well as the Century Commission for a Sustainable Florida which has recommended the state make energy security and greenhouse gas reduction a top priority; and WHEREAS the City of Delray Beach recognizes the importance of environmental stewardship regarding energy, water, air, land and waste; and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to establish a Green City Task Force to make recommendations to the City Commission regarding environmental sustainability. 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 Green Task Force with member requirements as set forth below: A. Green Task Force Member Requin:ments: The Task Force shall consist of seven (7) members appointed by the City Commission. 2. All members shall have expertise or an interest in environmental conservation and sustainability and 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. Section 2. That the Green Task Force shall be responsible for providing recommendations to the City Commission regarding: Ways to improve the environmental sustainability of City programs, services, equipment and facilities. 2. Strategies for improving the environmental sustainability of the community. 3. Incentives for residents, businesses, and organizations to practice environmental conservation including recycling. 4. Proposed means to enhance water and energy conservation. 5. Ideas for promotion of tree planting and xertscaping. 6. Best practices to be considered for implementation in Delray Beach, including long-term strategies. Section 3. That the Green Task Force shall conduct their review and provide a report of recommendations to the City Commission and shall sunset six (6) months from the date of the initial organizational meeting of the Task Force unless extended by the City Commission. The Task Force shall consider the cost to implement their ideas as the recommendations are formulated. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED in regular session on the day of 2007. MAYOR Attest: City Clerk MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~I~ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER THROUGH: DAVID T. HARDEN, CITY MANAGER%~ DATE: NOVEMBER 9, 2007 SUBJECT: APPROVAL SPECIAL EVENT -FIRST NIGHT 2008 ITEM BEFORE COMMISSION City Commission is requested to endorse the 10th Annual First Night 2008 event to be held on December 31, 2007 from 4:00 p.m. to midnight, to grant a temporary use permit per LDR's Section 2.4.6(F) for the use of City rights-of--way and facilities as requested, to authorize staff support as requested, to authorize use and set up of the new stage, and event pazking signage. BACKGROUND First Night is a City sponsored non-alcoholic event featuring local artists and entertainers. The event procession will begin this year again at Veterans Pazk and proceed to the Tennis Center. This year the pavilion area at Old School Square will be a button venue, as well as the Museum. More of the children activities will be focused in and around the Tennis Facilities with the children's finale being held in the stadium. VJe will also extend activities on Atlantic Avenue to the Library. Button prices for this yeaz's event will be $10.00 and $15 on the day of the event 12/31/07 and more activities have been designated as button venues. Last year's price was $8.00. In addition, this year we aze running a special promotion of $5 per button for a giveaway to elementary school children. I have attached a copy of the event permit, site plan, the approved budget and other required information. Certificates of Insurance are being obtained through Risk Management for the use of the Library, Old School Squaze and the Court House Pazking Garage. The estimated overtime costs for this event are $38,500, barricades rental costs are $4,200, and stage rental $1,597. This is a City sponsored event. Per our event policies and procedures, there aze no chazges for City services. Staff support is requested for traffic control and security, site cleanup and trash removal, barricade set up and removal, signage construction and installation, EMS services, and use of the new City stage. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit per LDR's Section 2.4.6(F) for use of City rights-of--way and facilities as per the site plan, approve staff support as requested, and use of City stage at no charge. Barricade rental will be paid for from the event budget. U:\wwdata\First NightWgenda Item Approval Firs[ Night 200S.doc City of Delray Beach DELRAYBEACH Special Event Permit aN Application ~ I I I I PLEASE TYPE OR PRINT 1993 2001 Event Name/Title: First Night 2008 Event Date(s): 12/31/07 Times: 4:00 Vim. - midnieht Event Sponsor/Producer: Event Contact/Coordinator: City of Delray Beach Name: Robert A. Bazcinski Address: 100 NW 1St Avenue Delray Beach, FT, 33444 Telephone Number: 243-7011 Cellular Number: 704-2780 E-mail Address: Bazcinski@ci delrav-beach.fl.us Event Description/Purpose: Non alcoholic New Yeaz's Eve Celebration featurine local artists and entertainers children's g_unes children and adult fireworks. Brief History of Event (If applicable): This is the l0~' veaz for this event. Planned Activities (Outline of activities/number of activities, i.e. entertainment, children's rides, games, other programs): Fireworks dis~avs entertainment, art exhibits and proiects children's dames food vendors Number of Individuals Served Previous Yeaz (if applicable):. 12.000+ Describe the tazgeted population and expected attendance: All ages 12,000 + Describe how the program or project addresses community needs: Provides non alcoholic event for pazents and children not held anvwhere else in South Florida. Describe your Mazketing/Promotions Program (How will you mazkeUpromote, i.e. TV, radio, posters, flyers, web sites, other): (see attachedZWill use TV Radio Magazine Newspapers and Internet. Sponsor Category (please check) City Non-ProfiUCharitable ^ Private ^ Co-Sponsor -Non-Profit/Private ^ (If Non profit attach proof of 801 c(3), c(4), c(6), C(10), or c(19) or (d) Event Location (Describe area boundaries of eventllocation): Atlantic Avenue. Swinton Site plan attached: yes X no (Site plan required for entire event site. Include locations of tents, stage, portalts, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Squaze: yes X no (If yes, attach proof of approval) ~~,p, Private Property Use: yes~~''" no~ (If yes, attach letter giving authorization from property owner) Event budget attached: yes X no (Required for all events) Previous yeaz Revenue/Expense summary attached: yes X no (Required for all events) Do you have cash sponsors for the event: yes X no (Indicated on budget) Do you have inkind sponsors for the event: yes X_ no (Indicated on budget) (Sepazate attachment) U:\wwdata\Fnst Night\First Night 2008 Special Event Permit Application.doc Serving or selling alcoholic beverages: yes no X (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) Event certificate of insurance attached: yes no N/A City Sponsored Event (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music: (Waiver required) yes X no Will there be entertainment: yes X no (If yes, attached list of Performers and/or DJ's) To be provided. If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes X no Requesting Police assistance: yes X no (traffic controllsecurity) Will supplement with private security: yes X no (If yes, need plan attached) 2 at Tennis Center, 1 at each of the button venues Requesting Emergency Medical assistance: yes X no Requesting barricade assistance: yes X no (If no, how aze you handling?) Requesting trash removal/cleanup assistance: yes X no (Will be billed to sponsor) Requesting trash boxes/containers and liners: yes X no Requesting stage use: yes X no (If yes, check type) Large stage (14' a 36') ~ Small stage (16' x 21') ^ Half small stage (8' x 21') ^ Requesting signage: yes X no Type: 4'x4'Event sign Pazlting Signs X Banner hanging X Indicate dates required by 12/23 (Waiver required if more than one (I) week prior to event) Requesting City Portable Generator: yes X no, (If yes, size & power) Food and beverage vendors: yes X no If yes, approximate number 1 Vendor 10 Booths (tentsl (Health Department approval required) yes no X U:\wwdata~First NighflFvst Night 2008 Special Event Pem~it Applicffiion.doc Other vendors: yes X no (Indicate type) 1 Vendor 5 Tents (Souvenirs) Tents: yes X no If yes, How many What size or size required (If yes, tent permits and fire inspections may be needed) (2) 20'x20' (2) 20'x40' (3) 10'x10' (2) 30'x60' Will the event include amusement rides: yes no X (If yes, type and location and copy of liability insurance required, also requires state license and inspection.) Will the event be gated: yes X no (Show on-site map) Buttons to get into certain venues Will there be a chazge for the event: yes X no (If yes, indicate ticket prices) $10 Per Button, $15 on 12/31/07 and $5 special elementary school children promotion Will there be fireworks or other pyrotechnics: yes X no (If yes, contact Fire Marshal to obtain and complete permit application) Will there be cooking with compressed gas: yes no X (If yes, contact Fire Marshal for inspections) Will you be providing port-a-lets for the event: yes X no (If yes, locate on-site map. If no, indicate how you will handle restroom needs) Is reserved pazking requested: yes X no (If yes, indicate locations and purpose for use) Event Permit Attachments: X Revenue/Expense Budget X Revenue/Expense Recap Last Yeazs Event X Site Plan X Letter Requesting Noise Ordinance Waiver N/A Letter Requesting Waiver Consumption Alcohol Beverages N/A Proof of Non-Profit Status N/A General Liability Insurance Certificate N/A Alcohol Beverage Liability Certificate X Proof of Rental Agreement or Authorization Letter from Private Property Owner N/A Hold Harmless Agreement Submittal Date Requirements • Minor Event 45 days prior to event • Intermediate Event 90 days prior to event • Major Event 120 days prior to event • Neighborhood Block Parry 30 days prior to event U:\wwdata\First Night\First Night 2008 Special Event Permit Applicatioadoc Event Contractor/Coordinator Date Please print: Robert A. Bazcinski Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. lst Avenue, Delray Beach, Florida 33444. Required with permit application. For Staff Use Only Date Received Application fee received $ N/A City Sponsored Event U:\wwdeta\First Night\First Night 2008 Special Event Permit Applicatioadoc CHRISTMAS 2007 /FIRST NIGHT 2008 SPONSORS Business Contact Address Ph I Fx Email Date Value Sun- Shaun 333 SW 12~' 243-6573, cell 281-0051, fx: 243- Ly Sentinel Castillo Ave. 6547 $57,748 Deerfield AJ Bch 33442 19,627 EI-Sentinel Shaun same same new Castillo Comcast Dean 500 Ce11561-628-6957, 9121 new Cable Dennis Australian Fx:561-833-6023 Ave #1000 dean dennisCDcable.comcast.com WPB 33401 Sunny Nicky 701 561-686-9505, cell 954-914-1601, 9/21 Ly 104.3 FM Tesser Northpoint fx: 561-684-7400 $115,800 Pkwy #500 nicky.tesserCaacbsradio.com WPB 33407 Radio Liza Flores 2326 S. 561-718-0019, fx: 561-721-9973 new Flesta .Congress liza radiofiesta.com Ave # 2A WPB 33406 Seaview Bruce new 960 AM WPN 5 Bernadette 1100 561-653-5680,fx:561-653-5614 Ly O'Grady Banyan $53,850 Blvd. WPB 33401 National Amy 9110 East 954-346-6043, cell 954-461-1826 Ly CineMedia Noblet Nichols fx:954-346-0235 $5,100 #200 Ave am~nobletCcancm.com , Centennial, CO 80112 So. Florida Sandy 5555 Nob 954-747-3056 Ly Parenting Betlach Hiii Rd fx: 954-747-3060 $5,200 Sunrise 33351 Visit Florida Kerri Post 2540 W. 850-205-3833, fx: 850-201-6908 9121 Website Exec. kilos visitflorida.org Center Cr, Lfi~o4Nl #200 ~ Tallahassee ~ ~~~ 32301 DMC Leah 64 SE 5~' 279-1380 ext 17, cell 954-303-7988 Website Knepper Ave. DB fx: 278-0555 33483 I knepper@del raybeac h. com SCP Marty 1100 998-0870, fx: 998-0463 Disc on Printing Harris Holland Dr. Mike Casselli cell 561-596-7433 printing Boca Raton 33487 Southern Denise 10102 Hunt 561-630-5835, cell 561-371-2378 Nov Ad Living -Nov Kaslow Club Lane fx: 561-630-5835 Dec Palm Bch hdkaslowC~cs.com editorial Gardens 33418 Boca Lou Ann 6413 .997-8683 ext 236, cell 954-234- 911 DDA Gift Magazine - Nov Hitchens Congress Ave. #100 8803 fx: 997-8909 louann .bocamag.com guide and adv Boca Raton 3348T Travel Host, Mitchel 20283 State Ph - 482-9460 DDA co- Clubhouse Ruttner Road#7- Fx-482-9461 op ads Living, Suite 400 tavelhostofp~bocainternetl.com $ Oceanside Boca Raton, FL 33498 Lamp Post Leah 64 SE 5'" 279-1380 ext 17, cell 954-303-7988 Banners / Knepper Ave. DB fx: 278-0555 sl ns 33483 Ikne er delra beach.com Christmas Leah 64 SE b'" 279-1380 ext ~ 7, cell 954-303-7988 Brochure Knepper Ave. DB fx: 278-0555 33483 Ikne er delra beach.com Downtown Leah 64 SE 5`" 279-1380 ext 17, cell 954-303-7988 Guidebook Knepper Ave. DB fx: 278-0555 & Ma 33483 Ikne er delra beach.com 2 Page 1 of 1 Barcinski, Robert From: Sarah Martin [smartin@delraybeach.com] Sent: Wednesday, November 07, 2007 3:06 PM To: smartin@delraybeach.com; Barcinski, Robert Subject: First Night Buttons for Delray Beach Kidsl Bob: Please forward to everyone else... My best, Sarah Dear Sarah, Our elementary school kids need your help!! Many want to participate in the First Night 2008 activities but can't afford a tiutton! Reg. $10.00 Now! 55.00 Our Goal 300 buttons per school 7 elementary schools 2100 Buttons TOTAL: $10,500 -Total Raised: 300 Buttons x7,500 t•.n~lr here to pledge to p~lrchase 25 buttons only 00 per button to help support Delray Beach Elementary hildren! Forward small Email Marketing by ®SafeUnsubacribe ® Syr This email was sent to smartin@delraybeach.com, by smartinC~delravbeach com -"-~~. Update Profile/Email Address I Instant removal with SafeUnsubscribe'" I Privacy Policy. ~~r~f[,p~t` TRY IT FREE Delray Beach Downtown Marketing Cooperative 164 A SE 5th Avenue I Delray Beach I FL 133483 11~~~2~~7 Page 1 of 1 Barcinski, Robert From: PeggyMurphy [pmurphy@oldschool.org] Sent: Monday, November 05, 2007 5:07 PM To: Barcinski, Robert; Director Subject: RE: First Night Bob - The venues at Old School Square will be provided without charge for First Night 2008. I will put together an event contract showing the rates, discounts, and the amount donated by OSS, for your files. Will get it to you tomorrow. Peggy Murphy Director of Center Services Old School Square Cultural Arts Center b1 N. Swinton Avenue Delray Beach, FL 33444 p - 561-243-7922 x301 f-561-243-7018 e - pmurohyCdzoldschool.org www.oldschool.org From: Barcinski, Robert [mailto:Barcinski@ci.delray-beach.fl.us] Sent: Monday, November O5, 2007 3:42 PM To: Director Cc: PeggyMurphy Subject: First Night Can I get either a e-mail or a no cost rental agreement for the use of the Gym, Theater, Grounds and Museum for First Night activities for 12/31/07? I need one or the otherto put with my permit for First Night which I want to put on the 11/20 Commission Agenda. Thank you for your assistance. 11/5/2007 '0 0000 $ m' o$u°1_g S O 00'pN O T M to di f9 f9 H O O O O O O 0 0 0 p 0 O Q p 0 0 0 0 O ~ r O C O O ~MN~NO 001 fA 19MfoAM N p b O O O O QQO 9 pppp K m 0 0 0 0 0 W G O~~ N N ~ O ~ m ~ pM.1A' 1p9 f9 fH N ~'~j' 7 O 0.000 O 1"' '.~] ~ O 0000 {(q'S'7, ~~Tj o OD o o a Ol p N O O O ` F O N N1 sf CV KS N L- a O N H IH !9 M N -ag p©000 pp0. Cppt ~9mp S cOO_ b 0. O 10 10 1lS~~NO 01 C~ OD d! 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E ~ L ~ m' ~ ~ Y3 0 ~ W ~ aT r~ ~ C a n m~a ~ r. L~ c a ~ ~ ~ rnE ~ d ~q Nit o NQ w v M ~o•5rcilm Wau'j v a o~ d c ,~ maF y a~ ~i' A 7 C y N h E ~ m t• .£ L ~. w.~ t c ' r ~q Q ~y yO r ~ N~ r O) U N ~' OY N y6 Zn' U~ N ~I r ~ ~ ,}g ~ r ~ Z ~ m ~ ~ Z . r y C. ~',OG y. ~ d r «L. y ~ rr+ w ~ ~. au > p C ~ O +~ O cC ~ g O ~O"c y 'F7 ~ S C' E U ' U ~ m g ; +' ~ d d C '~ lL IL C F- LLpp ~ li. CU p ~ ~ ~'j ~ ~ ~ f. O ~ ~ O O ~ ~ ~ ~ ~.t N M N N O F O Q ~ y ~ U ~ ~ ~ r fV f~ 0 V. R!' r r •~ O a0 N O) 0 Qa '~ W~ 5U !- ~ Q~ Mvv F QQ NM2d'~hu`trn H O O r N QI 0 0 0 N O r N N n r H S p N fD r W H r ~ ~ W D~~W e L °~ 4 Q ,Y ~ " ~ U II ~~ S LL11I w . F! @ 8 0 0 5 0 ' . O ~ Q C ~ ~ N Q LL N ODD Oi~iO .-,h N .N.. ' M M IHMfA f9 H . O ~ ~ O O Q ~~~~~ o ~~F3~~ ti ~~~~~ o .. ~ m~mmm abCg ~~ ~ ~ C7 ti lL lL li lL .~ ~ y e e~p ~ v OD o J ~ ~, ~i 3c ~a a_ ~..,~ ~ ~, ,-~ ~~ ,. ,~, x '. i TO: Mayor and City Commissioners THRU: David T. Harden, City Mst)ager Richard C. Hasko, Environmetttal Sarv s Director FROM: Begoea Kratte, Engineer SUBJECT: DATE: November l2, 2007 ITEM BEFORE THE COMMISSION Tfiis item is before the Commiuion to approve service authorization number 01-32 for the survey on Homewood Blvd from South Rightrof--Way of Atlantic Ave. to South Rightof--Way of Lowson Blvd in the amoum of 516,956.00 ~i~ROY~ The City was awarded a Federal Enhancement Gant to add bike lance to Homewood Blvd between Lowaon Bivd and W Atlantic Ave. This service authorization is fm the survey work required for the projoct including locations of all above improvements topographic data including roadway cross sections and location of underground utilities. This project will 6e designed in-house. Attached are a copy of the service authorization, and location map. FUNDING SOURCE Funding is available from Aaount number 334-3162-5418.46 $~COMMENDATION Staff recommends approval of service authorization number 01-32 with Aviratt A Auoeietes for the, survey on Homewood Blvd. ao: ~ Fib I1r20NT Fib 2001-01! (a) C:'~~ l1~lN„iaOMA,~rI ISl.1 Psr~ i0 wr ire AVIROM & ASSOCIATES, INC. CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE TITLE: HOMEWOOD BOULEVARD This Service Authorization, when executed, shall be incorporated in and shall become an integal part ofthe Contract. Title: Homewood Boulevard from South Ri t-of--Way of Atlantic Avenue to South Right-of- Way of LowsonBoulevard I. PROJECT DESCRIPTION Prepaze Topogaphic Survey for Engineering Design for Construction of Bike Lane on Homewood Boulevard (t 4,600 LF) II. SCOPE OF SERVICES 1. Establish baseline of survey referenced to right-of--way monumentation. 2. Establish NGVD 1929 benchmarks on-site. 3. Locate all above ground improvements and evidence of utility for the full right- of-way. We will extend the survey 25' beyond right-of--way at each intersecting street. 4. Obtain cross section elevations on 50' intervals from right-0f--way to right-of- way. 5. Obtain underground utilities in conjunction with City Engineering Department. 6. Prepare certified topographic survey and supply six (6) prints and an AutoCAD file. III. BUDGET ESTIMATE OF SERVICES 2 Man Crew 100 Hours at $ ] 07.1 OBour $10,710.00 CADD/Drafting 40 Hours at $66.15/Hour $2,646.00 Professional Surveyor 24 Hours at $150.00/Hour $ 3,600.00 TOTAL BUDGET FEE: $16,956.00 IV. COMPLETION DATE We will have survey substantially complete with all visible evidence of underground utilities within approximately four (4) weeks. Final completion is dependent upon City's timeframe to flag the location of underground utilities. Phis service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH Date: Attest: City Clerk AVIROM & ASSOCIATES, INC. Date: « ! °8 ~y7 Michael D. Avirom President ~ness~ ~ / Witness STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing ms ent was ~ knowled cl before me this rom day o 9 2007 by Michael D. Avirom, President of Avirom & Associates, Inc., a Florida corporafion on behalf of the corporation. He is personally known to me and did take an oath. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS u ~ FROM: JOSEPH M. SAFFORD, FINANCE DIRECTOR THROUGH: CITY MANAGER L-~ DATE: November 16, 2007 SUBJECT: CONTRACT FOR ACTUARIAL SERVICES ITEM BEFORE COMMISSION Approval of a 4-yeaz contract with Gabriel Roeder Smith & Company (GRS) for actuarial services relating to GASB 45 Other Post Employment Benefits (OPEB) in the amount of $29,000. The City of Delray Beach needs to secure the services of a qualified firm for Actuazy Services for Other Post Employment Benefits (OPEB) in order to comply with the Government Accounting Standazds Boazd (GASB) Statement that will establish standards for the measurement, display and recognition of OPEB expenses and liabilities. OPEB, in our case, refers to our self-insured health plan and our insured life plan. Funding from Risk Management- Other Contractual Services Account #551-1571-591-34.90 ($14,000 for FY 2007/08 and $15,000 for FY 2009/10 totaling $29,000) Commission approval of a 4-yeaz contract of $14,000 for FY 2007/08 and $15,000 for FY 2009/10 for actuazial services relating to GASB 45 OPEB. GT (1 Gabriel Roeder Smith & Company d01 Fix Lu Olu Btvd. 954.527.1616 phoee 1E•(w~ ConsuicauTS & Actuaries Svwe 200 954.525.0083 fuc Ft. Lauderdale, FI.3330i-2254 www.gabriclrocdctmm October 30, 2007 Mr. Joseph M. Safford Finance Director City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: GASB 45 OPEB Engagement Letter Dear Mr. Safford: We are writing to provide an engagement letter for actuarial services relating to GASB 45 OPEB. By signing and dating this engagement letter, we and the City agree to the scope, work product and terms described herein. This engagement letter is fashioned after those for auditing services, for consistency. We will perform the actuarial calculations necessary for the City to implement GASB Statement No. 45 for the fiscal yeaz beginning October 1, 2008, the latest yeaz of implementation per GASB (assuming the City is a Phase 2 entity). The first actuazia] valuation will be performed as of October 1, 2007. We will prepaze a formal Report including an Executive Summary, tables or charts presenting the development of the results, a description of all primary actuarial assumptions and methods, and a summary of the plan benefits. In addition, GRS will be available to meet with the City's Staff or other Committee/Commission, as necessary for brief education, presentation of results, planning and other purposes. The Valuation will be performed assuming that current unfunded pay-as-you-go plan would continue. The Actuarial Report will contain a base Actuarial Valuation of the implicit subsidy provided by the City, which includes all employees in the same group health plan (which is self-insured). One set of results will be presented in the Report combining all employee goups. The Report will include OPEB for life insutance, but will exclude OPEB for dental since the plan is voluntary with no contribution made by the City. In addition, this Report will exclude OPEB costa and liabilities associated with the benefits provided through the retiree VEBA. Each biennia] Report will provide the Annual Required Contribution (ARC) applicable to each of the two relevant fiscal years. To the off-yeaz, we will provide a letter presenting the calculation of the Annual OPEB Cost for expensing for the yeaz. The City will be responsible for determining the Employer Contribution in relation to the ARC for each fiscal year and for the narrative material required for the Notes. The work papers for this engagement are the property of Gabriel, Roeder, Smith & Company (GRS). Although, we may be requested to make certain work papers available to auditors or to regulators pursuant to authority given to it by law or regulation. Access to the requested work papers will be provided under supervision of GRS persomiel. Furthermore, upon request, we may provide photocopies of selected work papers to regulatory agencies. These regulatory agencies may intend or decide to distribute the photocopies or information contained therein to others, including other governmental agencies. Please note that while the Actuarial Report maybe sent to the City electronically for the City's convenience, only the signed (electronically or manually) Report constitutes the City's record copy. The City management has responsibility for the financial statements and all representations contained therein. Management also has responsibility for preventing and detecting fraud, for adopting sound accounting policies and establishing and maintaining effective internal control to maintain the reliability of the financial statements and to provide reasonable assurances against the possibility of misstatements that are material to the fmancial statements. Mr. Joseph M. Safford October 30, 2007 Page 2 This responsibility extends to the use or misuse of the results of our OPEB Actuarial Valuation Report, presentations at on-site meetings and during telephone conferences. The Report and presentation materials may be provided to parties other than the City only in thew entirety and only with the permission of the City. Upon execution of this letter of engagement, we will prepare a data request letter. The City will compile and transmit all employee and retiree census data as requested in electronic form and in the format requested. The City will collect and transmit all documentation and other information requested regarding the other post employment benefits provided. Once we have received all requested materials (preferably no more than four weeks after the City receives the data request letter), we will provide a draft report within eight to ten weeks. The City agrees that all information, documents and data we request in connection with our Actuazial Valuation will be made available to us, that all such information, documents and data provided to us and will be complete and accurate, that we will have the full cooperation of the City's persoaael and vendors, that the City will issue a representation letter from management concerning these matters, and [hat GRS may rely upon such information, documents and data with no duty to inquire or audit such. Because of the importance of management's representations as to the completeness and accuracy of the information, documents and data which it provides to GRS, the City agrees to release GRS and its personnel from any claims, liabilities, costs and expenses relating to our services under this letter attributable to any misrepresentations in the representation letter referenced above. Furthermore, GRS agrees to maintain the employee data secure and confidential. In the event that GRS is requested pursuant to subpoena or other legal process to produce its documents relating to this engagement in judicial or administrative proceedings to which GRS is not a party, the City shall reimburse GRS at standazd billing rates for its professional time and expenses, including reasonable attorney's fee, incurred in responding to such request. The base fees for the services aze described in the following chart. Aun6ed to FY Valuation Date Fee 08/09 10/1/2007 $14,000 09/10 10/1/2007 $0 10/11 10/1/2008 $15,000 11/12 10/1/2008 $0 • The .second year of the contract presumes a '"roll forward ", whereby the previous year's valuation would be adjusted in accordance with GASB 43/45 (permits fully compliant valuations every other year unless significant changes are made). !f a fully compliant valuation were requested by the City in the intermediate year(s), the cost would be developed by adjusting the initial actuarial report fee for inflation. Nevertheless, we recommendpreparing jolty compliant valuations annually, so that there are no surprises during yeah. when the numbers increase and so that you can take advantage ojreductions o year early when the numbers decrease Gabriel Roeder Smith & Company Mr. Joseph M. Safford October 3Q, 2007 Page 3 One-half of the fee described on the previous page is due and payable at the project onset and one-half is due upon the delivery of the draft report. One-half of the fee described on the previous page is due and payable at the project onset and one-half is due upon the delivery of the draft report. On-site meetings, if desired, will be billed at the rate of $1,000 per meeting unless arranged to coincide with another clienCs meeting in the area Additional studies or other services will be performed upon request with, whenever possible, fixed fee quotes provided in advance. We stand behind these results and aze available to assist management in other strategic areas for controlling the OPEB liabilities. This letter of engagement will be automatically renewed as of each October 1 ~`, with fee adjustment per inflation after year 4. Either pally may terminate, non-renew or propose amendments to the engagement upon written notice 60 days in advance. Please return this signed agreement and retain a copy for your records. We thank you and other City officials for your confidence in our firm and look forward to working with you in the yeazs ahead. Should you have any questions regarding these matters, please do not hesitate to contact us. As we mentioned before, Gabriel, Roeder, Smith & Company is uniquely poised to offer the City superior service at a very reasonable price. We look forwazd to serving as your OPEB Actuary and Consultant. Sincerely, ~! James J. Rizzo, ASA, MAAA Senior Consultant and Actuary Gabriel, Roeder, Smith & Company For the City of Delray Beach Print Name JJR/lb Signature Date Gabriel Roeder Smith & Company AGENDA ITEM NUMBER: ~- AGENDA REQUEST Date: Request to be placed on: x Consent Agenda Regular Agenda Workshop Agenda When: November 20. 2007 Description of Agenda Item: Request Commission approval of a 4-year contract with Gabriel Roeder Smith & Comoanv (GRS) for actuarial services relating to GASB 45 Other Post Employment Benefits (OPEB) in the amount of $29,000 ($14,000 for FY 2007/08 and $15 000 for FY 2009/10). ORDINANCE/RESOLUTION REQUIRED: YES NO Draft of Resolution Attached: YES NO Recommendation: Commission approve contract of $14,000 for FY 2007/08 and $15,000 For FY 2009/10 for actuarial services relating to GASB 45 OPEB. 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 (if applicable): Account Number: 551-1571-591-34.90 Account Description: Risk Management -Other Contractual Services Account Balance: City Manager Review: Approved for Agenda: Ye No Hold Until: Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.O. # MEMORANDUM TO: MAYOR AND CITY COMMISSIO ERS FROM: JASMIN ALLEN, PLANNER ~ ~+~ ~i PAUL DORLING, AICP, DIR TOR PLANNING AND ZONING THROUGH: CITY MANAGER( DATE: NOVEMBER 6, 2007 p SUBJECT: AGENDA ITEM # D . ~ - THRU NOVEMBER 16, 2007 ITEM BEFORE COMMISSION ~~~ The action requested of the City Commission is review of appealable actions which were made by various Boards during the period of November 5, 2007 through November 16, 2007. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Site Plan Review and Aooearance Board - Meetino of November 14. 2007 A. Approved (6 to 0), a request for a color change for Family Dentistry, located on the north side of George Bush Boulevard, east of Seacrest Boulevard (255 George Bush Boulevard). B. Approved (6 to 0), an extension request (expiring December 14, 2009) for House of Floors, a proposed 18,248 sq. ft. industrial building, located on the south side of SW 10`h Street, between SW 9`" Avenue and SW 10`h Avenue. C. Approved (6 to 0), a request for a color change for Delray Beach Club, located on the west side of South Ocean Boulevard, just north of Bermuda Gardens Road (2000 S. Ocean Blvd). Ciry Commission Documentation, Meeting of November 20, 2007 Appealable Items D. Approved (6 to 0), a Class III site plan mod cation associated with the construction of a two-story addition to an existing one-story residence at Rowland Beach Condo, located on the east side of South Ocean Boulevard, south of Linton Boulevard (1855 South Ocean Boulevard). E. Tabled (5 to 1, Connor Lynch opposed), a request for a color change for The Antique Experience, an existing commercial building, located at the southeast comer of East Atlantic Avenue and SE 5'" Avenue (502-506 East Atlantic Avenue). The Board requested that the applicant provides color elevations of the building. F. Approved with conditions (6 to 0), a Class IV ske plan mod cation and landscape plan associated with the construction of a 730 sq. ft. building addition for Pediatrics by the Sea, located at 285 SE 5`" Avenue. The architectural elevation plan was denied on a 3 to 3 vote. Concurrently, the Board took action of the following waivers: - Recommended approval to the City Commission of the waiver to LDR Section 4.4.13(F)(1)(a), which requires that the overall height of buildings be a minimum of 25 feet. - Recommended approval to the City Commission of the waiver to LDR Section 4.4.13(F)(3)(f)(1), which requires that the front setback area be finished wfth paving materials to match the existing or planned sidewalks within the adjacent right-of-way. - Recommended denial to the City Commission of the waiver to LDR Section 6.1.8, which requires that utility facilities serving the development including but not limited to gas, electric power, telephone, and CATV cables be located underground throughout the development. - Recommended approval to the City Commission of the waiver to LDR Section 4.6.18(B)(14)(iv)(2), which requires that a minimum transparency or glass surface area on the ground floor wall area of all non-residential and mixed-use buildings shall be a minimum of 75% of the wall area for that elevation. - Approved a waiver to LDR Section 4.6.16(H)(3)(a) & (d), which requires a 5-foot wide landscaped barrier between the off-street parking area or other vehicular use area and abutting properties and the public right-of--way. - Recommended approval to the City Commission of the waiver to LDR Section 4.6.14, which requires a 40-foot visibility triangle at the intersection of SE 3rd Street and SE 5th Avenue, subject to a condition of approval that written acceptance be received from FDOT. G. Approved (6 to 0), a Class IV site plan, landscape plan and architectural elevation plan associated with the construk~ion of a 6,362 sq. ft. mixed-use (office/residential) building for Onnen Disaster and Recovery Center, located on the west side of NE 4"' Avenue, north of NE 2nO Street (234 NE 4"' Avenue). Concurrently, the Board took action on the following waiver requests: 2 City Commission Documentation, Meeting of November 20, 2007 Appealable Items - Recommended approval to the City Commission of the waiver to LDR Section 4.4.13(F)(3)(f)(1), which requires that the front setback area be finished with paving materials to match the existing or planned sidewalks within the adjacent right-of-way. Recommended approval to the City Commission of the waiver to LDR Section 4.6.14(A)(1), which requires a 20-foot visibility triangle at the intersection of the driveways and NE 4th Avenue. - Recommended approval to the City Commission of the waiver to LDR Section 4.6.18(B)(14)(iv)(2), which requires that a minimum transparency or glass surface area on the ground floor wall area of all non-residential and mixed-use buildings shall be a minimum of 75% of the wall area for that elevation. H. Approved with conditions (6 to 0), a Class IV site plan, landscape plan and architectural elevation plan associated with the construction of five support housing units for the South County Mental Health Facility located on the east side of South Military Trail, south of Linton Boulevard (16158 S. Military Trail). No other appealable Reins were considered by the Board. The following item which was considered by the Board will be forwarded to the City Commission for action: ^ Recommend approval to the City Commission (5 to 1, Johnny Kincaide dissenting, Frances Bennett absent), a waiver to Sign Code LDR Section 4.6.7(H)(3)(2) to allow three additional flags for La Cigale "A Taste of the Mediterranean" restaurant, located on the east side of SE 5"' Avenue, south of SE 2ntl Street (253 SE 5'" Avenue). Historic Preservation Board -Meeting of November 7.2007 Approved (7 to 0), a request for a Certificate of Appropriateness for alterations to a non- contributing structure located at 107 NW 4"' Avenue. 2. Approved (6 to 0, Roger Cope stepped down), a request for a Certfcate of Appropriateness associated with the replacement of original wood windows with aluminum windows for a contributing structure located at 205 NE 5"' Terrace. 3. Approved (6 to 0, Roger Cope stepped down), a request for Cerf~cate of Appropriateness associated with additions and alterations to existing contributing structures kxated at 138 NE 1`r Avenue. Concurrently the Board approved two variances to allow the swimming pool to encroach 5' within the front yard setback and to increase the height of a nonconforming structure within the required side yard setback. The Board also approved a waiver to reduce the sight visibility triangle from 20 feet to 12 feet at the intersection of the alleyway and accessway. No other appealable items were considered by the Board. The following Rem which was considered by the Board will be forwarded to the City Commission for action: • Recommended to the Planning and Zoning Board (5 to 2, Jan Kucera-Wmney and Linda Lake dissenting), City initiated amendments to LDR Sections1.4.3, "Enforcement" and 3 City Commission Documentation, Meeting of November 20, 2007 Appealable Items 1.4.4, "Penalty", providing that neglect shall constitute a nuisance and providing for enforcement and penaNies; amending Section 2.2.6, "The Historic Preservation Board", Subsection 2.2.6(C), "Meeting and Quorum", providing for voting; and amending Subsection 2.2.6(D), "Duties and Responsibilities", providing for express authority for the Historic Preservation Board to apply the Historic Compatibility Regulations; Section 4.5.1(E), "Development Standards", Subsection 4.5.1(E)(6), "Demolition", and 4.5.1(F), "Restrictions on Demolitions", providing requirements for the application and approval for demolition. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map 4 SPRAB FIPB N A. FAMILY DENTISTRY 1. 107 NW 4TH AVENUE B. HOUSE OF FLOORS C. DELRAY BEACH CLUB 2. 3. 205 NE 5TH TERRACE 138 NE 1ST AVENUE _„_ _ _ clTVUMIrs ~ -__ _ D. ROWLAND BEACH CONDO ~ DNE Mae I E. THE ANTIQUE EXPERIENCE F. PEDIATRICS BY THE SEA GRAPHIC SCALE G. ONNEN DISASTER AND RECOVERY CENTER crrvoF DE~RareeacR, F~ H. SOUTH COUNTY MENTAL HEALTH CENTER PLANNIN NOVEMBER Dom? RIMENi MFP REF: 5:\Planninq k 2oninq\DBMS\File-Cab\CC-DOC\71-20-07 --DIGITAL BASE MAP SYSTEM ~- CITY OF DELRAY BEACH, FLORIDA MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: PATSY NADAL, SR. BUYEIYI~ THROUGH: CITY MANAGER l' DATE: 07 NOVEMBER 07, 20 Q ' I ~ SUBJECT: -REGULAR AGENDA ITEM #F 1• U. POLICE VEHICLE #1602 REPLACEN ITEM BEFORE COMMISSION City Commission is requested to approve the purchase one (1) 2008 Ford Crown Victoria Police Interceptor from Duval Ford in the amount of $24,055.00 with options and warranty per the Florida Sheriffs Association Contract #07-15-0827, Specification #1. BACKGROUND On October 06, 2007, Police vehicle number 1602 was involved in an accident. The accident resulted in a total loss. Replacement: One (1) 2008 Ford Crown Victoria Police White E~cterior/Chazcoal Black Interior $19,846.00 Option Code 45C Limited Slip Differential 125.00 Option Code 61H Ign. Power Tnudr Release 60.00 Option Code 67R Rear Door Locks & Handles Inop 25.00 Option Code 948 Rear Windows Inop 25.00 Option Code 478 Courtesy Lamp Disabled 20.00 Option Code 59M Side Air Bags 300.00 Option Code FVV Vent Visors 89.00 Option Code S 1 A LH Pillaz Mounted Spot Light 190.00 Option Code 5/75 Manuf. 5/75 Extra Ext Wananty ($0 Deduct) 3 375.00 Total $24,055.00 FUNDING SOURCE Account Code: #501-3312-591-64.20 (MACHINERY/EQUIPMENT /AUTOMOTIVE) RECOMMENDATION Staff recommends the purchase of one (1) 2008 Ford Crown Victoria Police Interceptor from Duval Ford in the amount of $24,055.00 per the Florida Sheriffs Association Contract #07-15-0827, Specification #1 with options as a replacement for vehicle # 1602. ~S Cc: Joseph Safford, Finance Director AGENDA ITEM NUMBER:~~ AGENDA REQUEST Request to be placed on: November 20, 2007 Date: November 13, 2007 XX Consent Agenda _ Special Agenda _ Workshop Agenda Description of agenda item: City Commission is requested to approve the purchase one (1) 2008 Ford Crown Victoria Police Interceptor from Duval Ford in the amount of $24,055.00 with options and warranty per the Florida Sheriffs Association Contract #07-15-0827, Specification #1. ORDINANCE/RESOLUTION REQUIRED: YES NO _X Draft Attached: YES NO _X Recommendation: Staff recommends the purchase of one (1) 2008 Ford Crown Victoria Police Interceptor from Duval Ford in the amount of $24,055.00 per the Florida Sheriffs Association Contract #07-15-0827, Specification # 1 with options as a replacemerrt for vehicle # 1602. Department Head Signature: ~ ~rL-h-~J~ Determination of Consistency with Comprehensive Plan: City Attorney ReviewlRecommendation (if applicable): Budget Director Review (required on all items involving expend'Rure of funds): Funding available: Yes X No Funding aRematives: Account Number: 501-3312-591-64.20 Account Description: Machinery/Fquipment /Automotive Account Balance: $886,350.40 City Manager Review: Approved for agenda: ~~ No Hold Until: Agenda Coordinator Review: Received: (if applicable) Action: Approved Disapproved MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager `~ DATE: November 13, 2007 ~ SUBJECT: AGENDA ITEM # . -REGULAR COMMISSION MEETING OF NOVEMBER 20.2007 CONTRACT AWARD TO INDUSTRIAL DIVERS CORPORATION FOR THE PURCHASE & INSTALLATION OF TIDE FLEX VALVES ITEM BEFORE COMMISSION Staff requests approval of a contract with Industrial Divers Corporation for the purchase and installation of Tide Flex check valves of various sizes at eight storm water outfall locations in the Intracoastal Waterway for a total cost of $69,192. B~KGROUND In order to prevent flooding of streets in low lying areas of the barrier island resulting from tidal fluctuations, storm water outfall pipes are typically equipped with valve or gate mechanisms that allow storm water to flow out to the waterway, but prevent reverse flow through the pipe experienced during high tide events. Over time, these devices wear or become eroded and inoperative due to the environment in which they operate. Often, they become fouled by barnacle growth which defeats the operation of the device and contributes to the erosion of metallic parts. The Tide Flex valves, often referred to as duck bill valves, proposed for installation are neoprene valves that are erosion resistant. Because of the neoprene material and smooth surface, they inhibit barnacle growth and are more easily maintained than the traditional metal flap gates, promoting a longer service life. Staff solicited quotes for this work from three vendors. One vendor did not respond and another did not provide a complete response. The third vendor, Industrial Divers Corporation, provided a complete response for the requested work, including all materials and installation for a contract price of $69,192 (refer to attached back up for itemized costs). FUNDING SOURCE Funding for this contract is available in Storm Water Utility Fund account #448-5416-538- 46.90, Other Repair/Maintenance. ~' (~. 2 RECOMMENDATION Staff recommends approval of a contract with Industrial Divers Corporation. City Of Delray Beach Deparbnent of Environmental Services M E M O R A N D U M „~.K..,,~,,~~ron To: Richard C. Hasko, Environmental services Director THRU: James Schmitrity Director Public Works for ESD FROM: Iezold Bellinger, Streets & Traffic Superintendent DATE: November 13, 2007 ~; i Inderwater htstallaiion of Check Valves Three local vendors were contacted for this specialty (underwater) type work, hndustrial Divers Corporation, BK Marine Construction Inc and Mitchell Valve Products inc. Mdse Bryant of BK Marine failed to show np for a field meeting to inspect the areas and subsequently did not return. any phone calls or faxes. Mitchell Valve Products inc. quoted material prices only with no installation. Industrial Divers responded atbd provided quotes; they also are familiar with the cities outfad system because they have provided mainte~nce including the installation of check valves over the past several years. The attached proposals are from Industrial Divers Corporation to purchase and install eight (8) check valves, which requires under water installation in the Inlracoastal's Waterway. Funding is proposed from account #448-5416-538-46-40. Why only one quote? I contacted three vendors for the installation of the valves, Industrial Divers Corporntion and B.K. Marine Construction Inc, Mitchell Valve Products Inc and Industrial Divers was the only vendor to respond with a quote. Why are we doing this? Tideflex check valves are design as part of flood control system; they allow free flow of stormwater after heavy rainfall and prevent flooding from the Intracoastal water way during high tides. The installation of the check valves will replace ineffective traditional flap gates, which operate via mechanical parts, freezing open or shut, warping and clogging due to trapped debris. Installation of check valves would be cost effective and more reliable because they would eliminate moving and mechanical parts. The curve bill design enhances sealing and maximizes pipeline storage capacity. 1" Quote Vendor: Industrial Divers Corporation tion Labor 1 Eauitnnent Cost Beach Drive $6,350 Basin Street $3,800 Bay Street 6 850 $17,000 Total cost $41,000 2°d Quote Vendor: Industrial Divers Corporation Location Labor / Eauinment Cost Brooks Lane $2,800 White Drive $3,900 Rose villa Avenue 3600 $10,300 Total cost $28,192 Check valve Cost 12" two (2) @ $2,250 each 14" one (1) @ $4,500 each 16" two (2) @ 5 50 each $19,500 Check valve Cost 18" one (1) @ $5,964 18" one (1) @ $5,964 18" one (1} @ 5 964 $17,892 Total contract $69,192 V 11/13/2807 11:16 5612437314 CITY OF DELRAY BEACH 9~D NW 1°t AVENUE DELRAY BEACH FL 33444 PHONE (581) 243-7345 FAX (581) 243-73'14 ~~ 7be Indbshg8 Dnrora Carparatlpn AlTl~k Roaeo GeMtta VU"rW/'VWV clrr of nELr~ar eeac~+ STREETS BfUPERNiENpEIYT r.~ PAS 81/83 ^..~ t~ aza-zaps ~..- oHe r ~~-~- ~ „nzo7 Ier T83EFLEXSLS+ONCHECI(valve Plane:OlBee (681)2437118 T81E FLEX SLIP ON CHECK vaM CN (881)873-0111 ~ lhfrrt Fay ~ 4'ISai~ L'r~wrt ~Maae 41ew O lleo BEaeaab Can Y~v Please pia~ide a qude fOrUle vutslkaon and prdwse of the Mbwug Tgeaer df~k vaWea. Bea.GM Dr'. TWO (?)12'110EFLEX~piEC1C VALVE 12 Serim 35 Ft.,.p1 s.saauocLAn4P ca.ls 3 O. +~•Y(•fy. ta6oa ,..tar.l+ S f. one t» ~r noEFL~c~seHEr~c vnLVe aosrs 3 f SoO. ~r ~~w SariCt 35 Fle..~..d 1-Svia 3S ~9 ' Fw.y.l y,«j~Y.k F~,n,. ~.. Tw (2)'f8'TDEFLEXTF-1 CHECK VALVE (j..,~ ~„r,. Tlwe (~ 18' TIDEFLDC TF-7 CHECKYALVE WI~'}cDr• ~ se t(•ra ta~c coats L g50. G.i,., f~•~y tta,Sdo +~•t, a- srrie. asar'~ cowaJ,Qt,3QJ.1...4..~. ~--rr.cha~+~~ ^~r'fF~i la"T)Je~ G~'r~(:'~~ 3t)0. ~t.,fu~+p ~ ~~ 842 /l ~F ~P ~F ~' IYVY IJ V/ I I.IVp IIJV 11/23/2987 11:16 56!2437314 a.rr-w i ww ern of oEt.RAV nEacs+ INDUSTRL4L DIYERS C'ORPORATTON r•~ PAGE 82/83 2640ArbarDrlve Fon Laardudale F,[, 33372 O,QFce (95~ 5?3 2906 Fax (9S}) 587-6636 E-]Slatted PiapasaG bdlbr~ci.delrav~imcA.lLas City ~' Delray Bach Harold BelYnger 434 Swdttton Avenue 561-573-5831 Cellalar Delray Bach 117.33444 Total No. of Page Ol October 23, 2007 Sabmitaed by: R Ga9etpr Replaoamatt sad Repair of Culvert t>utballs acrd Tid9ex Valve Installation Industrial Divas Corporetlon (1DG~ will provide labor. egaipnrwt s„d materials to roplace and repair culvert omfalla end Tid$ex Valve Installation. 1. Hash Sheet 7 -14^ Tideflex. Remove old flapper type valve clean and prepare surface on an existing l>cadvxall and drill aed tnourlt the new flanged Series ~5 valve. Labor and EquipmattS3,800.00 Materials 3etIes 35 74" T7de$ex check valve ~~ 54,500.00 2. Heach Drive 2 -12" Tideflex. licmove old $apptr typo valve, clean and prepare wall sudace drill and imtaq two sew I2" Tideilex valves. Labor A Egvi7mumt $6,350.00 Mareriata two (2) - 72" Series 35 'IidedIex valves aid $4,500.00. J 3. Bay Street 2 - l6" Tideflex. Remove old Sapper type valve akutg with supporting steel structure, dean and prepare the headwall atnfaae drill and inrtall two 2 ti' Tideilrx valves. Labor sad Fgrliproem 56,850.00 Materials two (2) -16" Tide$ex valves ~oG Slosoo.oo. The IAo~lnet ad teotl6m aehewDyaenpd. A PhunrsalrRa or l WApv ®r~h wMch is m mmtlpsoacr,genroof i87i e4ug~e PorcLrm well 6e IhW fa dl mtof odkalan ilelldhY cw~ona6k ~momnya 4ers sly rim dmcR nKe nw w v~ ~ ~. i ~a ~uv ,,,,, ,,,,, ,,,,,,,, ,. _ 11/13!2007 11:16 5612437314 CITY OF DELRAV [3EACH PA6E 03/03 INDUSTRIAL D,-VERS CORPORATION 3640ArborDrive Portllrarderdafi FZ 33313 OAlcc (95I) 523 39A6Faz (1ST 587-6636 bdtiwger®ctddraybeach,/crs taxy of Delrry Beach 434 3. S+-hrtou Avmua Delay Beach P1.33444 Noveaber g"', 2007 Harald Bellinger s61s73ss31 celhrlar Toisl Na of Pages Ol Snboilfed by: R Galletta ~ 1. 1033 Brookes Lane - IDC will provide Sot cleaning of marine gmwrth and oonvete Duet pour, removal of the existiog flapper arrd inffiailatiaa of r~ew 18" type TF-1 Labor ~d Equipment 52,800.OD Qp,, ~ 2. 1024 White Drive -IDC will provide for excavation above and etulenvater, ~G• removal of marine growth and concrete oven pout matctial, removal of the existing old flapper valve assembly and installation of a new i 8" Type TF 1 Labor and Equipment 53,900.00 ~P~ r/ 3. 1019 Rose Villa Avenue -IDC will provide fat excavation about and . underwater, removal of marine growth and concrete ova pour rttamisl, removal of the existing old flapper valve assembly and instailadon of anew 18" Type TF-t Lobar atxl Equipment 53,600.00 (!rG Total Labor and 1?quipnicat Cost for 3 Sites $10,300.00 J~6 Cast for 18" Tidetlex check valve with curved bill end Series TF-1 $5,964.00 each Tote! for 3 V alvesa S 17,892.00 ~P 6 7fic abovoaomc o1 mMGa~s.ae ~' ~. A F6nna cAsraeof l lf%pv monfiwfiirk b n col t Ra err li% u dwyed. P1Ydlm $~t !~ GtWS for to Earl ofMGonimi feubf+oG waWle ~'i fls Sitssore Pr111 Nos M TNe Dove MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, Environmental Services Director Timothy Tack, Project Manager ESD/CRA THROUGH: David T. Harden, City Manager ~~ DATE: November 16, 2007 SUBJECT: AGENDA ITEM #22. -REGULAR COMMISSION MEETING OF NOVEMBER 20 2007 CARVER ESTATES DEMOLITION CONTRACT EXECUTIONa CITY PROJECT # 2007- 034 ITEM BEFORE COMMISSION Request for Commission approval/authorizaGon for the Mayor to execute the contract with the BG Group, LLC. for the demolition of Carver Estates for $801,436.00. BACKGROUND The Carver Estates Demolition Project is funded under CDBG Sub-Grant Agreement No. 07DB-3V-10-60-O1-Z07 between Palm Beach County and the State of Florida Department of Community Affairs. The work generally consists of the following: Demolition of all buildings, foundations, slabs and disposal of all materials. Appropriate engineering controls (i.e. wet methods) that prevent disturbance of possible Category I and Category II non-friable asbestos containing materials shall be used. Removal and disposal of all infrastructure and utility lines. Demolition and disposal of driveways, driveway aprons, walkways, parking lots and materials. Demolition of wall and fences and disposal of all materials. The site shall be completely cleared of all demolition debris. The site shall be brought to a level grade, fill shall be provided if necessary, in order to provide a smooth, aesthetically pleasing condition, free of any hazards. Funding is available from CDBG Sub-Grant Agreement No. 07DB-3V-10-60-O1-Z07. RECOMMENDATION Staff recommends approval. ~.u.3 a ° o ~ e~i ui ~ ~ o e ~ e o e o ~ e ~ e o e o e e C N H N Iq h W ~° W Y7 Yf If) 1[1 h h It! Iq O h Z O O a m 0 m vz sZ ~ rc~ 0 a0 ~ ~ o ; M 41 ~ O G ~ O N 4J N N H dl M ~ N M fA N df M tll f/! m a N N rL W J W W W W W W W _ W W W W } W } W } W } W' } O } } } } } r } } } } L ~ ~ ~ W Z ~ dm d OY ~ Q O 6 QQ O ~ ~ i A~ ~ Z . O w N V m . Q ~ N f~ Q L o 0 0 0 o 0 O 0 a° ~ O o o 0 0 0 0 0 0 o 0 c o o O 0 O' 0 ~ ~ L O O O O O O °t N O O O t0 p e0 O~ N 3 O Q` M O r ~ O O r f0 W M O °! ~ M OD N 0 ~ V r O O ~ V V 10 O O N b ~ a0 ~ r ~ ~ N N W M O W ~ Yf CO V A Of ~° N W£ O A ~ d0 O O O r r ~ ~ N N ~ m A O H ~ H H H w N w H w w w H w H H H w W ~m Q w z U 3 ~z z z W ~ F Z F U M W U N ~ u J ~ O F a V C c Z w ~ ~ f ? ~ U w ? O c7 > b O N ~' ~ U U Z W U V Z m O Z v~ c e N tl O 0 U w N H U J Q ~ ~ ~ p Z ~ ? O O ~ U W ~ Y W Q C 2 -. ~ J K O ~ ~ O JZ Q W W Q 2 2 ~ W > ~ > O O W Z O Y > R' W O O ' W 6 ~ S W N W J O w O N > W 7 Q N 2 O 3 2 O Z V 2 4- > J H ° fl a wv. ° g Z H W ~ O rc~ ~ rc LL ~ Q O rc ~ w 3 Z H' O m = a J ' D O N LL' W K 2 ~ ~ MI ~ Q N t7 d ~ 4 U ~ O W 2 m O W W Z W p Q2 6 ~ = OU > K K m m F d Q W m Q N Q `L~ 2 V D O? J Y. V MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Barton ~~ G THROUGH: Susan A. Ruby DATE: November 13, 2007 SUBJECT: AGENDA ITEM ~ -MEETING OF NOVEMBER 20, 2007 FUNDING AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH HISTORICAL SOCIETY, INC. FOR FUNDING OF THE HUNT HOUSE REHABILITATION AND CONSTRUCTION OF AN_ARCHIVAL STORAGE FACILITY ITEM BEFORE COMMISSION The item before the City Commission is a Funding Agreement between the City of Delray Beach and the Delray Beach Historical Society, Inc. for funding of the Hunt House Rehabilitation and Construction of an Archival Storage Facility in the amount of One Hundred Twenty-Five Thousand Do]lars ($125,000.00) to One Hundred Seventy-Five Thousand Dollars ($175,000.00) on a reimbursable basis. The Agreement provides that the City shall pay the Delray Beach Historical Society within 30 days of receipt of an invoice complete with proof of payment by DBHS subject to the caveat that the City shall pay only reasonable expenses for the work performed as determined by the City in its sole and absolute discretion. BAC~ROUND The Hunt House is located on the Cason Cottage Property and was transferred to the City via a Bill of Sale on November 13, 2007. The City is leasing the Hunt House back to DBHS through a separate lease agreement that was before the Commission on October 16, 2007. RECOMMENDATION City Commission discretion. cc Doug Smith, Assistant City Manager Chevelle Nubin, City Clerk 9A v DBHS p -^, ~>sei~... Ms. Susan Ruby ~ ~~ City Attorney City of Delray Beach Delray Beach, FL 33444 November 11, 2007 Re: Funding Agreement Deaz Susan, Hunt House has landed. On behalf of the Boazd of Governors of the Delray Beach Historical Society, I am pleased to sign the Funding Agreement between the City and DBHS. The Boazd has asked me once again to express our gratitude to the Commissioners and City Staff for your support to the Learning Center project. Future generations will look back with great appreciation for our role in preserving the community's rich history. The Funding Agreement is a legal document and we intend to live up to the spirit and letter of its conditions. We aze the City's partner in this project and we take our obligations seriously. As in any partnership, however, we ask that that cooperation we have received from the City since the project was conceived over a yeaz ago continue unabated long after the C.O. is nailed to the front door. While we understand the intention of Section 2.03, and others, granting the City the right..."in its sole and absolute discretion (to choose) to pay, or not pay...additional costs that were incurred because o£..phasing, sequencing, or manner ofwork", we cannot afford to place unreasonable shackles on our General Contractor to complete the project under terms of our contract (dated 9/21/07) with his firm. It is our expectation that if anyone in the City questions the restoration and annex construction plan, such concerns will be raised before work is done, and not after we have applied for reimbursement. For the record, we need to remind all of our Reimbursement Grant partners that DBHS is financing 100% of upfront restoration and construction costs from its own cash reserves, and via a conventional bank Line of Credit, secured by every asset that we own. None of our Grant Agreements aze assignable; the bank is relying on faith that we will be reimbursed for our expenses in a timely fashion. As such, we will be managing the project with a tight fist, avoiding all unnecessary cash expenses, and seeking rapid reimbursement to hold down project carrying costs. ~iECEIVED NOY 13 2007 3 NE First Street ~ Delray Beach, Florida 33444 ~ phone 56].243.2577 ~ faz 561.243r6`I~~ ATTORNEY dbhsC~bellsouth.net ~ www.delraybeachhistoricalsociery.org !VV` To this end, we respectfully ask that the City defer its requirement that DBHS purchase wind insurance under its Builder's Risk Policy (Article 11-E) until we aze closer to hurricane season. By late Spring, much of the restoration will have been completed, and hopefiilly, many of our larger costs, such as the move and Archival Storage Annex will have been reimbursed. Although the roughly $4000 wind policy is relatively minor within the overall budget, it represents an unplanned cash cost at a tune when we aze truly counting our pennies. A signed copy of the Agreement is attached. Most of the required Certificates of Insurance have been delivered; those that remain will be available shortly. Thank you for everything you aze doing for us. S' ere , ~-Ptobert W. Ganger President, Dekay Beach Historical Society Copies to: Stephanie Shipley Cazol M. Stanley-MacMillan & Stanley Stacey Hallberg-Northern Trust Bank AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH HISTORICAL SOCIETY, INC. FOR FUNDING OF THE HUNT HOUSE REHABILITATION AND CONSTRUCTION OF AN ARCHIVAL STORAGE FACILITY THIS AGREEMENT is made and entered into on , 2007, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (hereinafter referred to as "City"), and the DELRAY BEACH HISTORICAL SOCIETY, INC., a Florida not-for- profit corporation authorized to do business in the State of Florida (hereinafter referred to as "DBHS"). WITNESSETH: WHEREAS, DBHS previously owned a historic dwelling ("Hunt House"), which was formerly located at 124 N.E. Sa' Avenue in Delray Beach; and WHEREAS, DBHS moved Hunt House to a new location at 111 N.E. Swinton Avenue in Delray Beach, which is owned by the City; and WHEREAS, DBHS then donated the Hunt House to City and is leasing it back from City through a long term ]ease under separate agreement; and WHEREAS, DBHS desires to restore and rehabilitate the Hunt House dwelling and construct an attached environmentally secure storage annex, also leased to DBHS by City, and to operate the combined facility as a Learning Center and Archival Storage Facility (hereinafter referred to as "the Project") at said location; and WHEREAS, DBHS has asked City to financially participate in the relocation and construction of the Project; and Agreement between the City of Delray Beach and the Delray Beach Historical Society, Inc. for Funding of the Hunt House Rehabilitation and Construction of an Archival Storage Facility WHEREAS, on October 16, 2007, the City Commission voted to approve funding in the minimum amount of One Hundred Twenty-Five Thousand Dollars ($125,000) and a maximum amount of One Hundred Seventy-Five Thousand Dollars ($175,000). NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties hereto agree as follows: ARTICLE 1: GENERAL Section 1.01. The foregoing recitals are true and correct and are incorporated herein as if fully set forth. Section 1.02. The purpose of this Agreement is to preserve the Hunt House to enhance educational, recreational, and cultural opportunities for use by the public. Section 1.03. City will pay to DBHS a minimum amount of One Hundred Twenty-Five Thousand Dollars ($125,000) and a maximum total amount not to exceed One Hundred Seventy- Five Thousand ($175,000) for the construction of the Project as more fully described in the Project Description and Cost Estimate attached hereto and made a part hereof as Exhibit "A" provided the City shall pay only reasonable expenses for the work performed as determined by the City in its sole and absolute discretion. Section 1.04. DBHS agrees to provide funding in an amount of Three Hundred Seventy- Three Thousand Dollars ($373,000) or greater to complete the Project. The parties agree that City shall provide its portion of the funding to DBHS quarterly within thirty (30) days of receipt of an invoice with proof of payment by DBHS of all costs covered by the scope of this Agreement and after the City determines in its sole and absolute discretion that the expenditures by DBHS were reasonable for the work performed. If the city determines that the work, manner 2 Agreement between the City of Delray Beach and the Delray Beach Historical Society, Inc. for Funding of the Hunt House Rehabilitation and Construction of an Archival Storage Facility of work or sequencing of the work has added additional costs the City shall not pay the additional costs. Section 1.05. City's representative, during the design and construction of the Project, shall be the Historic Preservation Planner, Amy Alvarez, or her designee, telephone no. (561) 243-7284. DBHS's representative, during the construction of the Project, shall be Robert W. Ganger, President, Delray Beach Historical Society, Inc., at telephone no. (561) 243-2577, or Stephanie Shipley, Executive Director, at the same office number. Section 1.06. DBHS shall design and construct the Project upon property owned by City, as more fully described in Exhibit "B" attached hereto and made a part hereof. Section 1.07. DBHS shall utilize its procurement process for all design and construction services required for the Project. Said procurement process shall be consistent with all federal, state and local laws, rules and regulations. City shall have no contractual obligation to any person retained by DBHS with regard to the Project. Any dispute, claim, or liability that may arise as a result of DBHS's procurement is solely the responsibility of DBHS and DBHS hereby holds City harmless for same. ARTICLE 2: DESIGN AND CONSTRUCTION Section 2.01. DBHS shall be responsible for the design and construction of the Project. DBHS shall design and construct the Project in accordance with Exhibit "A", attached hereto and made a part hereof, and with all applicable federal, state and local laws, rules and regulations. Section 2.02. Prior to or upon execution of this Agreement by the parties hereto, DBHS shal] initiate its procurement process to select the necessary professional engineer and/or 3 Agreement between the City of Delray Beach and [he Delray Beach Historical Society, Inc. for Funding of the Hunt House Rehabilitation and Construction of an Archival Storage Facility architect to perform all engineering and/or architectural design work, including, but not limited to, the preparation of plans, permits and specifications necessary for the design and construction of the Project. Section 2.03. DBHS shall provide a copy of the engineer's and/or architect's programming phase documents (i.e., site plan, floor plan, elevations, etc) to City for review. City shall review said programming phase documents to ensure consistency with the intent of this Agreement as well as for technical compliance with City code requirements. The City's review and approval of plans shall not act as a waiver of its determination made in its sole and absolute discretion to pay or not pay for any additional costs that were incurred because of the phasing, sequencing , or manner of work. Section 2.04. DBHS shall be responsible for securing all permits and approvals necessary to construct the Project. The City, by entering into this Agreement, makes no representation that any permits will be granted. Section 2.05. Prior to DBHS commencing construction of the Project, DBHS shall provide a copy of all plans and specifications, along with the associated costs thereof, to City for review to ensure consistency with the intent of this Agreement. If the City determines that the costs are not reasonable, it may elect to modify or forego its monetary participation in the project until such costs have been revised or adjusted to conform with the intent of this Agreement within thirty (30) days notice to DBHS of its need to revise or adjust its costs. Further, the City shall not pay any costs incurred that it determines are unreasonable in its sole and absolute discretion . 4 Agreement between the City of Delmy Beach and the Delray Beach Historical Society, lnc. for Funding of the Hun[ House Rehabilitation and Construction of an Archival Storage Facility Section 2.06. DBHS agrees to totally complete the Project and open same to the public for its intended use within twenty four (24) months from the date of execution of this Agreement by the parties hereto. Upon notification to City at least ninety (90) days prior to that date, DBHS may request an extension beyond this period for the purpose of completing the Project. City shall not unreasonably deny DBHS's request for said extension. Section 2.07. DBHS shall submit quarterly project status reports to City on or before January 10, April 10, July 10, and October 10 during the design and construction of the Project. These quarterly reports shall include, but not be limited to, a summary of the work accomplished, problems encountered, percentage of completion, and other information as deemed appropriate by City. ARTICLE 3: FUNDING Section 3.01. The total not to exceed amount as set forth in Section 1.03 hereinabove shall be paid by City to DBHS on a reimbursable basis. Any costs incurred in connection with the Project in excess of amounts deemed reasonable by the City shall be the sole responsibility of DBHS. Section 3.02. City shall reimburse project costs under the terms of this Agreement to DBHS on a quarterly basis from the date of execution of this Agreement; however, should the need arise for DBHS to be reimbursed on a more frequent basis, then City will, at DBHS's specific request for each instance, make its best efforts to reimburse DBHS within forty five (45) days of such special request subject to the terms of this agreement. For each requested payment, DBHS shall provide to City's representative a fully completed and executed Contract Payment Request Form and a Contractual Services Purchase Schedule Form, attached hereto and made a 5 Agreement between [he City of Delray Beach and the Delray Beach Historical Society, Inc. for Funding of the Hunt House Rehabilitation and Construction of an Archival Storage Facility part hereof as Exhibit "C". Said forms shall include information listing each invoice as paid by DBHS and shall include the vendor invoice number; invoice date; and the amount paid by DBHS along with the number and date of the respective check or proof of payment of said payment. DBHS shall attach a copy of each vendor invoice paid by DBHS along with a copy of each respective check or proof of payment and shall make reference thereof to the applicable item listed on the Contractual Services Purchase Schedule Form. Further, DBHS's Project Administrator and Project Financial Officer shall certify the total funds spent by DBHS on the Project and shall also certify that each vendor invoice as listed on the Contractual Services Purchase Schedule Form was. paid by DBHS as indicated. Section 3.03. City shall retain not less than ten percent (10%) of the total amount allocated to DBHS for the Project until DBHS completes the project and provides City with either a Certificate of Occupancy or a Project Completion Certification as determined by City, and City receives and approves all documentation as required in accordance with this Agreement. City's representative shall visit the Project site to verify and approve said final reimbursement. Section 3.04. DBHS shall provide a request for final reimbursement to City no later than ninety (90) days following completion of the Project and provision of either a Certificate of Occupancy or Project Completion Certification to City. Section 3.05. City agrees to reimburse DBHS a maximum amount not to exceed One Hundred Seventy-Five Thousand Dollars ($175,000) for those approved pre-agreement costs accruing to the Project subsequent to November 1, 2007, as more fully described in Exhibit "D", Pre-Agreement Cost List subject to Sections 1.03, 1.04, and 2.05. 6 Agreement between the City of Delray Beach and the Delray Beach Historical Society, Inc. for Funding of the Hunt House Rehabilitation and Construction of an Archival Storage Facility ARTICLE 4: OWNERSHIP, OPERATION AND MAINTENANCE OF THE PROJECT Section 4.01. DBHS hereby warrants and represents that it has full legal authority and financial ability to operate and maintain said Project. DBHS shall be responsible for all costs, expenses, fees and charges, and liability related to the operation and maintenance of the Project. Section 4.02. DBHS shall operate and maintain the Project for its intended use by the general public for a term of thirty (30) years from the execution of this Agreement by the parties hereto. Section 4.03. The rights and duties arising under this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. DBHS may not assign this Agreement or any interest hereunder without the express prior written consent of City. Section 4.04. It is the intent of City to issue this funding assistance to DBHS for the purpose set forth hereinabove. In the event DBHS transfers ownership of the Project to a party or parties not now a part of this Agreement, other than another governmental entity that agrees to assume, in writing, DBHS's obligations hereunder, City retains the right to reimbursement from DBHS for its participation to the full extent of the funding assistance awarded to accomplish the Project. Should DBHS or City transfer management of the Project to a party or parties not now a part of this Agreement, DBHS shall continue to be responsible for the liabilities and obligations as set forth herein. Further, DBHS shall not transfer management of the Project to a third party without the written consent of City. 7 Agreement between the City o(Delray Beach and [he Delmy Beach Historical Society, Inc. For Funding of the Hunt House Rehabilitation and Construction of an Archival S[oage Facility ARTICLE 5: USE OF THE PROJECT Section 5.01. DBHS warrants that the Project shall serve a public recreational or cultural purpose and be open to and benefit all residents of the City of Delray Beach and shall be available thereto on the same cost and availability basis. DBHS shall not discriminate on the basis of race, color, sex, national origin, age, disability, religion, ancestry, marital status or sexual orientation with respect to sue of the Project. Section 5.02. The term of this Agreement shall be for a period of thirty (30) years commencing upon the date of execution of this Agreement by the parties hereto. DBHS shall restrict its use of the Project to educational, recreational, cultural, civic, community, and social purposes only unless otherwise agreed to in writing by the parties hereto. ARTICLE 6: ACCESS AND AUDITS Section 6.01. DBHS shall maintain adequate records to justify all charges, expense, and costs incurred in estimating and performing the acquisition/design/construction of the Project for at least five (5) years after the end of the fiscal year in which the final payment is released by DBHS, except that such records shall be retained by DBHS until final resolution of matters resulting from any litigation, claim, or special audit that starts prior to the expiration of the five (5) year period. City reserves the right, upon reasonable request and during normal business hours, to inspect said Project and shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit. 8 Agreement between the City of Delray Beach and [he Delray Beach Historical Society, Inc. for Funding of the Hunt House Rehabilitation and Construction of an Archival Storage Facility ARTICLE 7: NOTICES Section 7.01. Any notice give pursuant to the terms of this Agreement shall be in writing and hand delivered or sent by Certified Mail, Retum Receipt Requested. All notices shall be addressed to the following: As to City: David T. Harden, City Manager 100 N.W. 151 Avenue Delray Beach, FL 33444 With a copy to: Susan A. Ruby, City Attorney 200 N.W. 15` Avenue Delray Beach, FL 33444 As to DBHS: Bob Ganger, President Delray Beach Historical Society, Inc. 3 N.E. IS` Street Delray Beach, FL 33444 ARTICLE 8: TERMINATION FOR NON-COMPLIANCE Section 8.01. City may terminate this Agreement upon written notice to DBHS for non- compliance by DBHS in the performance of any of the terms and conditions as set forth herein and where DBHS does not cure said non-compliance within ninety (90) days of receipt of written notice from City to do so. Further, if DBHS does not cure said non-compliance within the time frame specified above, then upon written notice, City may require DBHS to reimburse any funds provided to DBHS pursuant to this Agreement either in whole or in part once City has reasonably determined in its sole and absolute discretion that no other remedy is acceptable to the City. 9 Agreement between the City of Delray Beach and the Delray Beach Historical Society, Inc. for Funding of the Hunt House Rehabilitation and Construction of an Archival Storage Facility ARTICLE 9: Section 9.01. This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. The parties hereto may pursue any and all actions available under law to enforce this Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. ARTICLE 10: INDEMNIFICATION Section 10.01. It is understood and agreed that DBHS is merely a recipient of City funding and is an independent contractor and is not an agent, servant or employee of City or its Board of City Commissioners. In the event a claim or lawsuit is brought against City or any of its officers, agents or employees, DBHS shall indemnify, save and hold harmless and defend City, its officers, agents, and/or employees from and against any and all claims, liabilities, losses, judgments and/or causes of action of any type arising out of or relating to any intentional 10 Agreement between [he City of Delray Beach and [he Delray Beach Historical Society, Inc. for Funding of [he Hunt House Rehabilitation and Construction of an Archival Storage Facility or negligent act or omission of DBHS, its agents, servants and/or employees in the performance of this Agreement. ARTICLE 11: INSURANCE A. DBHS, at their sole expense, agrees to maintain in full force and effect at all times during the life of this contract, insurance coverage and limits (including endorsements) as described herein. The requirements contained herein, as well as City's review of acceptance of insurance maintained by DBHS and are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by DBHS under the contract. B. Commercial General Liability. DBHS shall maintain Commercial General Liability at a limit of liability not less than $500,000 Each Occurrence. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted in writing by City's Risk Management Department. DBHS shall provide this coverage on a primary basis. C. Worker's Compensation Insurance & Employers Liability. DBHS shall maintain Worker's Compensation & Employers Liability in accordance with Florida Statute Chapter 440. DBHS shall provide this coverage on a primary basis. 11 Agreement between the Ciry of Delray Beach and the Delray Beach Historical Society, Inc. for Funding of the Hunt House Rehabilitation and Construction of an Archival Storage Facility D. Additional Insured. DBHS shall endorse City as an Additional Insured with a CG 2026 Additional Insured -Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "City of Delray Beach, its officers, Employees and Agents." DBHS shall provide the Additional Insured endorsements coverage on a primary basis. E. Builder's Risk and Proaerty Insurance. DBHS agrees to maintain All-Risk property insurance, which would include builder's risk insurance while the Project is in the course of construction in an amount at least equal to the estimated completed project value as well as subsequent modifications of that sum; thereafter, City agrees to maintain All-Risk property insurance, to include the fire, wind and flood perils, of the Project replacement cost. City shall agree to be fully responsible for any deductible. F. Professional Liability Insurance. DBHS agrees to make sure that the professional engineer and/or architect retained to perform all engineering and/or architectural design work (as in Article 2: DESIGN AND CONSTRUCTION) maintains and evidences during the life of the related contract such insurance to cover "errors and omissions" to include their employees, subcontractors, or agents in an amount of at least $1,000,000 per occurrence/annual aggregate. 12 Agreement between the City of Delray Beach and the Delray Beach Historical Society, Inc. for Funding of [he Hunt House Rehabilitation and Construction of an Archival Storage Facility G. Umbrella or Excess Liability. If necessary, DBHS may satisfy the minimum limits required above for either Commercial General Liability and Employer's Liability coverage under Umbrella or Excess Liability. City shall be specifically endorsed as an "Additional Insured" on the Umbrella or Excess Liability. H. Waiver of Subrogation. DBHS hereby waives any and all rights of Subrogation against City, its officers, employees and agents for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into apre-loss agreement to waive subrogation without an endorsement, then DBHS shall agree to notify the insurer and request the policy be endorsed with a Wavier of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a condition to the policy specifically prohibits such an endorsement, or voids coverage should DBHS enter into such an agreement on a pre- loss basis. DBHS shall be notified on such prohibition. I. Certificate(s) of Insurance. Prior to execution of this Agreement by City, DBHS shall deliver to City a Certificate(s) of Insurance evidencing that all types and amounts of insurance coverage required by this contract have been obtained and are in full force and effect. Such Certificate(s) of Insurance shall include a minimum ten (10) day endeavor to notify due to cancellation, major changes, or non-renewal of coverage. Certificate 13 Agreement be[wecn the City of Delray Beach and the Delray Beach Historical Society, Inc. for Funding of [he Hunt House Rehabilitation and Construction of an Archival Storage Facility holder's address shall read: City of Delray Beach, c/o City Manager, 100 N.W. 15` Avenue, Delray Beach, Florida 33444. J. RiEht to Review. City, by and through its Risk Management Department, reserve the right to review, modify, reject or accept any required policies of insurance, including limits, coverages, or endorsements, herein from time to time throughout the term of this Contract. City reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. K. City shall require each contractor engaged by DBHS for work associated with this Agreement to maintain: Workers' Compensation coverage in accordance with Florida Statutes, and including Employer's Liability coverage. 2. Commercial General Liability Insurance at not less than One Million Dollars ($1,000,000) Each Occurrence. City shall be named in the coverage as an additional insured. 3. Business Auto Insurance with limits of not less than One Million Dollars ($1,000,000) each accident. 4. If the construction work being performed exceeds Two Hundred Thousand Dollars ($200,000), a payment and performance bond for the total amount of their construction contract, in accordance with Florida Statute 255.05. ARTICLE 12: PUBLIC ENTITY CRIMES As provided in Section 287.132-133, Florida Statutes, by entering into this contract or performing any work in furtherance hereof, DBHS certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the 14 Agreement between the City of Delray Beach and [he Delray Beach Historical Society, Inc. for Funding of the Hunt House Rehabilitation and Construction of an Archival Storage Facility convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by Section 287.133(3)(a), Florida Statutes. ARTICLE 13: CAPTIONS The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. ARTICLE 14: SEVERABILITY If any term or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision, to any person or circumstance other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 15: ENTIRETY OF AGREEMENT This Agreement represents the entire understanding between City and DBHS, and supersedes all other negotiations, representations or agreements, either written or oral, relating to this Agreement, notwithstanding the provisions contained in the Renewal Lease Agreement for the Cason Cottage Property dated October 19, 2007 and the Agreement between Palm Beach County, the City of Delray Beach, and the Delray Beach Historical Society, Inc. for Funding of a Learning Center and Archival Storage Facility dated November, 2007. 15 Agreement between [he City of Delray Beach and the Delray Beach Historical Society, Inc. for Funding of [he Hunt House Rehabilitation and Construction of an Archival Storage Facility ARTICLE 16: THIRD PARTY BENEFICIARIES This Agreement is made solely and specifically among and for the benefit of the parties hereto, and their respective successors and assigns subject to the express provisions hereof relating to successors and assigns, and no other person shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third-party beneficiary or otherwise. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Approved as to Form: City Attorney Rita Ellis, Mayor ATTEST: DEL EACH HISTO AL SOCIETY, INC. By: ~ Robert W. Ganger resident 16 EI~~IT A Project Description Delray Beach Historical Society Learning Center and Anohival Storage Facility The Project involves the creation of a Learning Center and Archival Storage Facility for the Delray Beach Historical Society (hereafter "DBHS"). The Learning Center will be open to the public on weekdays, free of chazge. It will be a place to explore the rich history of Delray Beach and environs. Principal visitors will be school age children, local "walk-in" residents and tourists, organized tours, scholars and the media. The Project involves three components: 1. Moving an historic Hunt family 1908 farmhouse from 124 NE 5" Ave (Federal Highway) to the "Cason Cottage Complex", a City of Delray Beach property located next to Old School Square. DBHS currently occupies two historic bungalows on the property. Cason Cottage is maintained as a house museum, reflecting the lifestyle of local citizens in the early 1900s. Were it not for the Project, "Hunt House" would be demolished to make room for a new townhouse construction project. DBHS acquired the farmhouse from the developer in March, 2007, on the condition that it would be moved as soon as practical. 2. Constructing a concrete archival storage "bunker" that will be attached to the historic farmhouse, and then framed and roofed to appear as a natural extension of the original building. The bunker is designed to be impervious to hurricane damage. It will include equipment to maintain sensitive temperature and humidity control, meeting Museum standards for storage of documents, photographs, maps, artwork, and the like. The DBHS was founded in 1964, and much of its collection dates to settlement of the community in the late 1890s and eazly 20° Century. By definition, DBHS azchival materials aze fragile and must be well protected from the elements. 3. Restoring the farmhouse to retain its original appearance, consistent with strict historic preservation standards. The interior of the building will be designed to function as a Learning Center, with space and equipment for research, lectures, exhibits and conferences. The building will be staffed by a full-time azchivist, and part time educational programming director. Access into, and within the Learning Center will meet ADA requirements. The current plan is to open the Learning Center to the public on or about November 1, 2008. Several factors drive the timetable: (1) the historic farmhouse must be moved soon to accommodate the developer/landowner' s constnrction schedule, and hopefully to avoid the peak hurricane season; (2) funding commitments are in place to complete the project, but a State of Florida Preservation Grant is conditional upon restoration work occurring between July 1, 2007 and June 30, 2008; (3) DBHS Archives Room lease in the Cornell Museum of Art and History (Old School Squaze) has expired and the space is desired for expansion of the Museum's art exhibitions. EXHIBIT A Capital Cost Estimate Delray Beach Historical Society Learning Center and Archival Storage Facility Hunt House Moving Expenses Pre Move preparation at existing site Foundation and below grade utilities (new site) Move from existing to new site Below grade repair, final placement on piers Archival Storage Annex Concrete construction and delivery of connecting frame, roof, siding, flux windows Installation of modulaz archival storage shelving Restoration of Hunt House for adaptive use as a Learning Center Repair/recreate original exterior features Restore interior walls, floors, ceilings, fixtures Install wiring, plumbing, A/C, dehumidification systems to code, and to meet ADA public access requirements Install information systems for research and teaching Total Estimated Costs $500,000 Ezhibit S begat Description of Property At new and uermanent location THE SOUTH 32 FEET OF LOT 5 AND ALL LOTS 6, 7, AND 8 BLOCK 67, TOWN OF DELRAY (PLAT BOOK 1, PAGE 3) CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA The mailing address of the Delray Beach Historical Society is 3 NE 1=Street The street address for Hum House is 111 North Swinton Avenue EXFIIBTT C CTI'Y OF DELRAY BEACH PARKS AND RECREATION DEPAR"I1vTENT CONTRACT PAYMENT REQUEST Grantee: Submission#: Item Date Project Name: Reimbursement Period: Project Costs K~ This Submission Consulting Services Contractual Services Materials, Suppl'~es, Direct Purchases Equipment, Fumiture TOTAL PROJECT COSTS (CS) (C) (M) (E) CS =Consulting Services C =Contractual Services Kev Legend M =Materials, Supplies, Direct Purchases E =Equipment, Fumiture Cumulative Proiect Costs Certification: I hereby certify that the Certification: I hereby certify that the documentation has above expenses were incurred for the been maintained as required to support the project work identified as being accomplished in expenses reported above and is available for audR upon the attached progress reports request Administrator Date Financial Officer Date DB USE ONLY City Funding Participation Total Project Costs To Date: City Obligation To Date: City Retainage l-%) City Funds Previously Disbursed City Funds Due this Billing Reviewed and Approved By: DBProjectAdministrator Date Department Director Date Page 1 of 2 d 3 A d v d m N m m _. c =' N N m '. o- o ~' m 3 ~" D ,Q ~~ m Z _S ? w m v -` O N ~ c S d 0 a m 0 I~ IN I~ Iw IN I' I~ I~ Im IV I~ IN ~A Iw IN Ij I3 w m 7 a 0 t n O .3i d O IIIIIIIIIIIIIIII~ i~ ion m my ac O m < ~. - ~_ m~~ o ~ 3 ~ D < ~ .z r m. m = ~ c~ ~ m g ~m m m a a~~ c ~ m o3a: ~ m. ~ mSw m a m ,., n . ~ a $ C p a~ o g ~~ v ~Q wm a mo I~ 0 Idm C ~ Q ~ r~ m ~ y .. ~ ~ ~ m a 3 0 c ^' c m p1 I~ a m W 3 w < ~ o ~. 'm D 3 c .~. to ~c m 7 p v s 0 0 m~c~~ n ~~ n ~ n m~c~ ~m~~ .m '. m m c_ ~n+c ~ ro .~ m cvmfD ~.~0--. 2. ~' m C _~ N N 3 IG 0 ~ L c ~' m N m W 0 Z ~.~ ~Dn ~~ ~~~ boo mom <n~ np.~ ~~m =Z~ ~ _ 0 mD n ~~ m m = --I n EXHIBIT D Pre-Agreement Cost Estimate Delray Beach Historical Society Learning Center and Archival Storage Facility Hunt House Moving Expenses Pre Move preparation at existing site Foundation and below-grade utilities (new site) Move from existing to new site Below grade repair; final placement on piers Archival Storage Annex Concrete construction and delivery Construction of connecting frame, roof, siding, faux windows Installation of modular archival storage shelving Restoration of Hunt House for adaptive use as a Learning Center Repair/recreate original exterior features Restore interior walls, floors, ceilings, factures Install wiring, plumbing, A/C, dehumidification systems to code, and to meet ADA public access requirements Install information systems for research and teaching Total Estimated Costs $500,000 Oet 26 2007 10:21 GRRCEY-BRCKER 5612650034 p.2 ACORD,~ CERTIFICATE OF LIABILITY INSURANCE D ioizs/ ooi" PRODUCER GRRCEY- BACKER, INC. 275 George BUSK Blvd Delray Beach FL 33444 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS WO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFlCATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED 8Y THE POLICIES BELOW. , INSURERS AFFORDING COYERAGE NAIC# NSUPGD INSURER A: COLONY INSURANCE COMPANY Delray Beach Historical Society 3 N 1 t St INSURER 6: e e reet FL 3344a - Delray Beach INSUR-R C: , INBUHEfl D: WBURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE MSURED NAMED ABOVE FOR THE PCX.ICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS C ERTIFICATE MAY BE ISSUED CXi MAY PERTAIN, 7HE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEFlMS, EXCLUSIONS AND COND1710N4 OF SUCH POLICIES. AOOREOATE UM{TS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NBR PODGY NUMBEH POLICY EFFECTVE POLK;V E%PIRATION LFBTS PENERAL LUBiITY EACH OGWRRENGE S 1,OOD,000. X COMMERCIALGENERAL LIABRJrv PREM14 E 4 SO ODD. cLANas MADE ~ occuR ~D~ °"`PBfB°"I i 5 D00. A Owners&Gontraclors GL3535300A 5/11/2007 5/11/2006 PERSONALSADVINJURY f EXCLUDED GENERALAOOREGATE f Z DOO GOO. GEN'LAOGREOATE UMITAPPIJEB PER: PRODUCTS-CDMP/OPAGG f EXCLUDED POLICY PRO- LOC AV TONOBIIE WBWTY COMBINED SINGLE LIMIT ~.~0 IEfl 9eeI~eM17 f ALL OWNED AUTOS BODILY INJURY SGHEOULEO AVfOS IPMP~DI i HIRED AlfT03 BODILY INJURY NONOWNED A{lr09 (PMACddenO S PROPERTY DAMAGE P i ( m ecdtlenl) OARAOE LUBEJTY AUIp ONLY-EAACCIOENT i ANYAIlTO OTHERTHAN EA ACC f AUIOONLY: ADO f EKCESSAWBRELU LMBILJ7Y EACH OCCURRENCE S OCWfl ~ C M3 U11 MADE AGGREDATE S S DEDUCTIBLE S RETENTION S WDRKERS COIPENSATION ANO ' WCeTA - Ti- EYPLOYERS WBILRY ANY PRO PRIETORPARTNERIE%EC V I1 V E EL. EAOHACCIGENT 8 OFFK:EWIAEMBEH EXCWDEDi EL DISEASE-EA EMPLOYEE { qY!•~Nael&eUMeL BPELIAL PROVISIONS EBIOw E.I DISEASE-POLICYUMLr i oTHEn DESCRIP110N OFOPERATIONS!LOCATIONS /VEHICLES/ EXCLUSIONS ADDED BY ENDDRSEYEMT/6PECIAL PROYN{ONS THE CffY OF DELRAY BEACH IS NAMED AS AN ADDITIONAL INSURED TO THIS POLICY. 30 DAYS CANCELLATION EXCEPT NON PAYMENT IS 10 DAYS. CITY OF DELRAY BEACH 700 NW 1 AYE, DELRAY BEACH , FL, 33444- k named as adtlitlonal insured BXWLD ANV OF THE ABOVE DESCRIBED PMX:IESBECANCELLEO BEFORE THE ESPIRATION GATE THEREOF, THE E:Slip SL9URER WILL ENDEAYOR TO MAE ~Q_ DAYS WRRTEN NOTICE TO THE CERT~ICATE XOLDER NAMED TD TN E LEFT, BUT FMWRE TO DO50 SHALL IWO$E NO OBUOI.TON OR LULBILIr! OP ANY KMD UPON 1HE INSULRR, RS AGENTS OR ®ACORD Oct'26 2007 10:21 GRflCEY-HflCKER 5612650034 p.3 IMPORTANT If the certlficate holtlar Is an ADDITIONAL INSURF~, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of fhe policy, certain pol~les may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER Tha Certificate of Insurance on the reverse side of this form does not constitute a mntrad between the Issuing insurer(s}, authorized representative or producer, and tha certificate holder, nor does it aNirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. CERTIFICATE OF LIABILITY INSURANCE °"'~ 11/07/07 acoRV a~ s . as PROWLER T18S CER76LCATEBBSUED ASAIWTTER OF WFORHATION ONLY AND COIfP6t8 NO RN01T8 UPON THE CERTFICATE The Plastridge agency, Inc. HOLDER THIS CER7iif:ATE DOES MOT A9EN0. EXTEND OR 6th Avenne 820 N & ALTER TNEAFFORD®BY THE POLX~S BELOW. . . Delray Beach 1!z 33483 Phone: 561-276-5221 Faa:561-276-5244 WSURERS AFFORDOIG COVBtAGE NAIC# w~ w Zenith Insurance CO. rsiiats aD~~lrayy Heath Historical sarEac yst ~ L ac~ 56ua~a 8 33444 Be F )~ OsIfStE yT£Pd.MJESOF H81Mtl~1131®BaOW IWVE~IB91®N71E N9A~titl®PBDVEPoR71EP011Q' P6U0Df~GV®. NOIWIIISfNUWC+ W'lY fiBpIHiBENf,7HR10RC0MRgN0F/f1Y 00NRLCf0R O11BtO0~BIfM10fIf~PEClm1AR0U171lS CSnF1G17E1MY EE RSH10R wrPeesw.ne SStwnR~rtfor+~oernerasFSOESCY~x~ssa.ECrmnu.neraas. rx~vsosaood~omusoF alai Paut~. nssRmAYe ~asrs snar~nti ~toY wwE eFa+r~uc®er rro o~ - ~m mmRO55aRwsE ~~ DIn61Y1LI0R'YI aRIEMWO~YYJ lY~s aesw.wsurc EvaiaaarasrE - s c~w.uneurc PIBR564lEe~~ 5 aiwswnE ~ ooaR 1®E7~.WTaro~S s raew.viarnYwur s se53rnisscaESn>E 5 sea-_.--...^~vorrsaESSat pam,ns-capor~ s POIR.Y ,g we ~. wnsweaEwiaurc rsrnRO rnr~ermsrxxE~.sur tES•C°°no 5 M10NT81MR05 9CH3711IDA1106 BODiY WIRY Wr0e~1 : ~~~ N0aOM®NR35 BDDLT WIRY ~°~ 5 PROPHifY DNMfE _ ~~ a~scuemnr ~ wmaKr-EA~ccveR s sxruRO oREenuw Ewaoe s ~Sn°°sr x~ L u~m Een~omSRaucf s ocaR ~awrseiwe axaesaYE s s oEWnae s nEYExnoR s s W015®t5 C01PBI51RI0M Ntl mRrus~s ER A ~ 2832705311 06/15/07 06/15/08 EL EK]IA0L~@7f 5100000 ~ EL Sx~ng-EnExaoYEe 5100000 uye. SffRYbelwr EL D'gAg-P0l1CYtMf 5500000 Dune oPeranoRS i i ~onsosY isPEaltP~moea CERTIRCATH HOLDER CANCELLATION 0000003 9101LLD1NY0FLERB0YE0El0fi P01aS BECYINCB1ED aEF0REYlE E7O'Rl171DN O0.7EY1860F,11E651fl0N61R~NL.EtaEM1YORYO M0l 10 g6YaYR5Y1@! ROYrEYOY1E CHlIFICAYER0L092NN®70rlE I.EFf, eurruuRem DO a0 SW11 City o£ Delray Heath 5rssexsaotmmxasaslaamaFarcwo wsxnEr+aRSrt.~rs nceRS OR 100 H.W. 1st AV6nne ~ Delray Beach 8Z 33449 ~^~~ ACORD 25 (20B5A6~ ® CORPORATIDM 1986 Ms. Terrill C. Barton Assistant City Attorney City of Delray Beach 200 NW 15` Ave Delray Beach, FL 33444 ~~ytt~tp~ ~~ ~N ~ ;~;,.,. , y,. ~n DBHS ,~• ~aC 964.., K __. ~~~ November 15, 2007 Dear Terrill, As promised, enclosed is a copy of the contract between the Delray Beach Historical Society and our primary contractor on the Hunt House Restoration Project, Morning Thunder Construction. A copy of this contract was filed with the State of Florida Bureau of Historic Preservation at the Department of State in early September, 2007. Morning Thunder Construction actually commenced service to the Historical Society in the first quarter of 2007, operating as a team with the architectural firm of Bridges & Mazsh to design and estimate the costs of restoring Hunt House, and the "connector" bridging the original dwelling with the Royal Concrete Systems prefabricated Archival Storage Annex. Their work was done on a pro bono basis under a Memorandum of Understanding until August, 2007, when pre-restoration efforts began at 124 NE 5th Avenue, prepazing the house for the eventual move to its new site. While State statutes apparently require Morning Thunder Construction to post a Performance Bond for their work following delivery of Hunt House to city-owned property, we believe that our contract, and the contractor's stellaz reputation, provides a higher level of assurance that the project will be completed in an entirely satisfactory manner. Please add this latest submission to the file supporting the Funding Agreement between the City and the Delray Beach Historical Society. Sincerely, ~~~..-/ ~ Robert W. anger RECEIVED President, Delray Beach Historical Society Copy to Stepanie Shipley NOV 19 ~7 GTY ATTORNEY 3 NE First Street ~ Delray Beach, Florida 33444 ~ phone 561.243.2577 ~ far 561.243.6884 dbhs~bellsouth.uet ~ www.delraybeachhistoricalsocieryorg Qdcal+,~c~~-,~~M~'~~ ~fem~,J~ HUNT HOUSE RESTORATION CONTRACT Agreement made as of the 2 ~ day of September in the year of 2007. Between the: OWNER: The Delray Beach Historical Society owner of"Hunt House", an historic dwelling currently located at 124 NE Ss' Avenue, Dehay Beach, FL, that will be moved to 111 North Swinton Avenue where it will become the property of the City of Dehay Beach and will be leased to DBHS for use as a Learning Center and Archival Storage Facility. DBHS will serve as OWNER/AGENT for the City of Dehay Beach in securing funds for the historic restoration of Hunt House, and for design and construction of the Archival Storage Facility attached thereto. CONTRACTOR: Morning Thunder Construction will be responsible for restoration of Hunt House, and will integrate the modulaz Archival Storage Annex into the overall Learning Center structure. PROJECT NAME(ADDRESS: "Hunt Honse Restoration"-111 North Swi~on Avenue, Delray Beach, FL, 33444 1T IS HEREBY AGREED AS FOLLOWS: Article 1-The CONTRACTOR shall provide all the labor, materials, equipment, pay approved charges for required building permits, bonds, hook up/impact fees and perform all work required (1) to prepare Hunt House to be moved from its current site to the new location; such prepazation shall be conducted in cooperation with a licensed house moving company employed by OWNER; (2) construct foundafions and prepare underground rough ufility connections prior to relocation of Hunt House and placement of a pre-cast concrete storage facility at the reaz of the historic building (purchase and delivery of the storage facility shall be the responsibility of O WNER); (3) restore and repair any damage or defects beneath Hunt House before it is lowered on to supporting piers; (4) construct connecting roofing, siding, framing, hall, and walkways to integrate and harmonize the pre-cast storage annex with Hunt House; (5) restore Hunt House exterior and interior consistent with local period historic architectural details, and conforming to Deparhnent of Interior standards for historic preservation; (6) install or have installed utilities, plumbing, temperature and humidity controls, and security equipment meeting (a) relevant codes and museum standards for storage of archival collections, and (b) fulfilling contemporary guidelines for energy efficiency and conservation; ('n provide exterior and interior disabled persons access consistent with ADA standards; (8), provide finishing touches, such as shelving or decontamination stations for receiving donated archival materials (9) paint or stain all exterior and interior walls, floors, trim, columns, etc.; and (10) clean and prepare the combined facility for final outfitting, decoration and readiness to open to the public. Removal and reinstallation of archival storage and display cabinets currently located in the Cornell Museum of History and Art is outside the scope of this Contract, and will be addressed as a Change Order as necessary. Article Z- The total contract price for CONTRACTOR'S service is $310,185.44, conforming to Project Cost Estimates dated May 18, 2007, and most recently revised on August 10, 2007 (see Exhibit 1) The contract price may be adjusted within 30 days following the successful move of Hunt House to its permanent location, taking into account prior change orders, if any, and necessary structural repairs resulting from closer inspection of undercarriage joists, beams, columns or any other "invisible" supporting structures that may have been damaged over time. Any material repairs must be confirmed by a licensed structural engineer and approved by an authorized city inspector. Under no circumstances shall the revised contract price exceed $315,000.00 without adequate value engineering to determine opportunities to identify cost savings that compensate for unanticipated repair needs. The total Contact Price shall be paid by the OWNER to CONTRACTOR as hereinafter set forth. 2.1 OWNER shall have the right to make any alterations in the work under this Contract, but such alterations shall not be made unless upon the written order of OWNER The value of the work added or omitted shall be ascertained in advance and agreed upon between the OWNER and CONTRACTOR, and shall be added to or deducted from the Contract price. Article 3-OWNER shall be responsible for obtaining an Architect's Seal, and any revisions or changes to the specifications or drawings required by building codes or any governmental authority shall be considered an additional expense home by OWNER Article 4- The CONTRACTOR shall complete the whole of the work embodied in this Agreement 300 days from the construction start date, which is defined as the date that Hunt House has been delivered to the Swinton Avenue site. The CONTRACTOR must also make a best efforts commitment to complete and have inspected the foundation for Hunt House and its annex within 45 days of receipt of all building and moving permits, and to coordinate the preparation for moving Hunt House with the house moving company. Time is an essential part of this Agreement. If the project is not completed within the stipulated time (for reasons that were within the control of the CONTRACTOR), without limiting its other remedies, OWNER may take whatever reasonable steps it deems appropriate to complete the project and may deduct any costs in such completion from the amount owed the CONTRACTOR In addition OWNER may retain the sum of up to $500.00 for each day that the contract remains incomplete after the completion date as set forth above. 2 Article 5- OWNER agrees to pay 90'/0 of monthly payment requests submitted by the CONTRACTOR within 5 days of receipt, provided that (1) all charges and completed work are broken down in definable percentages to the completed project (i.e. "bathroom rebuild 50% complete"); (2) such charges are compared to the original or revised line item budget estimate (i.e. "masonry repair $3000 vs. $4000 in plan'; (3) specific invoices for materials and labor are grouped and conform as much as practical to the categories covered by the scope of individual Matching Grant funding (i.e. "Exterior Restoration: front stairs"); (4) OWNER or Owner's Representative has adequate time (1-3 days) to inspect completed work and supporting records prior to payment; and (5) CONTRACTOR agrees to maintain all supporting cost documentation for a period of five years. OWNER and CONTRACTOR will develop standardized application for payment forms that conform to the above requirements; such forms will become a part of this Agreement. 5.1 In the event OWNER does not make payment of any installment, as set forth above, within 30 days after the designated due date, CONTRACTOR will have the right to stop all construction work until full payment is made, provided that CONTRACTOR is not negligent or performing outside the terms of this Agreement. 5.2 CONTRACTOR shall be under a duty to satisfy OWNER during the progress of construction that all bills for labor and materials are currently paid. CONTRACTOR shall not be entitled to payments hereunder until it shall have satisfied OWNER that all obligations for labor and material are satisfied. 5.3 CONTRACTOR shall be obligated to furnish OWNER with lien waivers from all Subcontractors and Material Suppliers for all pay requests including the initial request, or may request that O WNER make dual payee checks payable jointly to CONTRACTOR and Subcontractor or Material Supplier for each pay request. 5.4 OWNER shall set aside 10% of monthly payment requests into aninterest-bearing escrow account. Such funds shall be released in full, including interest, upon satisfactory completion of terms and conditions of the Contract. In the event that CONTRACTOR is unable to fulfill temps of the contract as stipulated, all or a portion of the escrow accou~ balance shall become the property of OWNER, who will use such funds to offset the cost of completing the Work as originally agreed. Article 6- If at any time there shall be evidence of any lien or claim for which if established, the OWNER shall become liable and which is chargeable to CONTRACTOR, OWNER shall have the right to retain out of any payment due or thereafter to become due, an amount sufficient to indemnify it completely against any such lien or claim. Should there prove to be any such claim after all payments are made, the CONTRACTOR shall refund to OWNER all monies that the latter may have been compelled to pay in discharging any lien on said premises made obligator in consequence of the CONTRACTOR'S default. Article 7-OWNER shall during the progress of the work maintain builder's risk insurance thereon, as well as other insurances required by its by-laws or by public grant sources. The builder's risk policy shall cover all work incorporated into the building and all materials for same in and about the premises, and shall name as insured the parties hereto, as well as public grant sources as required by contracts with any such source. Article & CONTRACTOR shall stand in the relation of an ' entire char a control and su independent contract°r as is to have g , pervision of all the work, and the OWNER shall not in any manner be answerable or accountable for any violation of any city or state laws or for any injury or damage occasioned by CONTRACTOR'S negligence or of anyone in its employ, to any person or their properties and CONTRACTOR covenants and agrees to make good to the OWNER any loss or expense so incutred, together with reasonable attorney's fees. Article 9- The Contract shall inure to the benefit of and shall be binding upon the parties, their heirs, legal representatives, successors and assigns. Article lU-ENUMERATION OF CONTRACT DOCUMENTS. The Contact Documents are as noted in Paragraph 11.1 of the General Conditions and enumerated as follows: Article 11-Contract Documents 11.1 The Contract Documents consist of this Agreement; the Base plan Hunt House Cost Estimate (Exhibit 1); the Drawings and Specifications (Exhibit 2), all Addenda and Memoranda of Understanding issued prior to this Agreement, ail Amendments and Change Orders. These form a COntract and What is required by any one shall be as binding as if required by all. The intention of the Contract Documents is to include all labor, materials, and equipment necessary for the proper execution and completion of the work and the terms and conditions of payment therefore, and also to include all work which may be reasonably inferable from the Contract Documents as being necessary to produce the intended results. 11.2 The Contract Documents first examined the signature herein shall be proof thereof, shall be signed in not less than triplicate by the OWNER and CONTRACTOR By executing the Contract, the CONTRACTOR represents that he has thoroughly studied the site and is familiaz with all local conditions under which the work is to be carried out and performed 113 The teen "Work" as used in the Contract Documents includes all labor necessary to produce the construction required by the Contract Documents, and all materials and equipment incorporated or to be incorporated in such constrnction Article 12-Architect: The Architect on the Project is the turn of Digby Bridges & Marsh, former owner of Hunt House. There is no contract between the Architect and the OWNER or the CONTRACTOR related to the Project Digby Bridges & Marsh have donated their time to prepaze design plans for the Project at no cost to OWNER The CONTRACTOR will rely on these plans to obtain building permits and to complete the Project. The Architect will remain active on the Project as a pro bond consultant to the OWNER and to the CONTRACTOR Article 13-0WNER: 13.1 The OWNER will provide general administration of the Contract during the construction period. 13.2 The OWNER/ARCIIlTECT shall at all times have access to the work wherever it is in preparation and progress. 133 The OWNER/ARCHITECT has the authority to reject work which does not conform to the Contract Documents and to stop the work, or any portion thereof, if necessary to insure its proper execution. 13.4 The OWNER shall engage an "Owner's Representative" with considerable experience in building and project management to assist OWNER, ARCHITECT and CONTRACTOR in resolving issues and exploring alternatives to achieve superior results and best value for the Project. Article 14- GONTRACTOR~ 14.1 The CONTRACTOR shall supervise and direct the work, using his best skills and attention. The CONTRACTOR shall be solely responsible for all wnstrnction means, methods, sequences and procedures and for coordinating all portions of the work under conttack The CONTRACTOR shall communicate plans and surface issues to OWNER and/or Owner's Representative on a timely basis, so that any changes to the Work are carefully and objectively considered and resolved. 14.2 Unless otherwise specifically noted, the CONTRACTOR shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, transportation and other facilities and services necessary for proper execution and completion of the work, and as required by Delray Beach building codes. The job phone will be the CONTRACTOR'S cell phone. Power and water for the site will be provided through connections to the OWNER'S adjacent utilities u~il such tune as independent connections have been made. 14.3 The CONTRACTOR shall at all tunes enforce strict discipline and good order among his employees, and shall not employ on the work site any unfit person. 14.4 The CONTRACTOR shall warrant that he is incompliance with all Federal and State Civil Rights and Equal Opportunity Acts, and he will file such assurances as requested or required by relevant State, County, and City government. 14.5 The CONTRACTOR warrants to the OWNER that all materials and equipment incorporated in the work will be new unless otherwise specified, and if old, that it conforms to Interior Department standards for restorationJpreservation All work will be of good quality, free from faults or defects other than "patina", and in conformance with Contract Documers. All work not so conforming to these standards may be considered defective. 14.6 Bearing in mind that the OWNER is atax-exempt institution, the CONTRACTOR shall pay all sates, consumer, use and other sates taxes inquired by law, and shall secure all permits, fees and licenses necessary for execution of the work.. 14.7 The CONTRACTOR shall be responsible for the acts and omissions of all of his employees and subcontractors, their agents and employees, and all other persons performing any of the work under a contract with the CONTRACTOR 14.8 The CONTRACTOR shall give all notices and comply with all laws, ordinances, rules, regulations and orders of any public authority bearing on the performance of the work mode, method or means and shall promptly notify OWNER thereof. 14.9 The CONTRACTOR at all tmmes shall keep the premises free of acemnnulation of waste materials or rubbish caused by his operations. At the completion of the work he shall remove all his waste matPri_a_mc fi+om and about the project as well as his tools, construction equipment, machinery, and surplus materials and shall leave the work "broom clean" or its equivalent, except as otherwise provided and specified. 14.10 The CONTRACTOR agrees to indemnify and hold harmless the OWNER, its agents, servarts, employees and assigns, from any and all actions, rights of action, causes suits, costs, claims, damages, expenses and demands, whatsoever in law or equity, with respect to, or on account of, and injury, including bodily injury, disability or death, or damages to property, including loss of the use thereof, in any way attributable to or in connection with the performance under this contract work in progress, work done or contemplated and/or any related services due, done or to be done on behalf of OWNER, its agents, servants, or employees. Any and all claims against the OWNER or any of its agents or employees by any employee of the CONTRACTOR, or any subcontractor, anyone directly or indirectly employed by them or anyone of whose acts any of them might be liable for indemnification obligation under this Paragraph shall not be limited in any way by any limitation on the amour or type of damages, compensation or benefits payable by or for the CONTRACTOR or any subconhactor under Workmen's Compensation acts, disability benefit acts or other employee benefit acts. Article 15 -SEPARATE CONTRACTS: The OWNI?R has the right to let other contracts in connection with the work and the CONTRACTOR shall properly cooperate with any such other contractor in furtherance of the work; however, CONTRACTOR shall not be relieved hereunder by any subcontractor or similaz agreement Article 16- ARBITRATION: All claims or disputes arising out of the contract or the breach thereof except default or termination shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. Notice of the demand for azbitration shall be filed in writing with the other party to the Contract and with the American Arbitration Association and shaIl be made within a reasonable time after the dispute has arisen, such reasonable time shall in no event extend beyond one year from the date of the work done out of which the dispute arises. Article 17-TIME: 17.1 All time limits stated in Contract Documents are of the essence of the Contract and CONTRACTOR upon award hereof shall commence and pursue with all due diligence until completion of all work necessary for completion within time limits. 17.2 If the CONTRACTOR is delayed at any time in the progress of the work by changes ordered by work, or Labor disputes, fire, unusual delay in transportation, unavoidable casualties, causes beyond the CONTRACTOR'S control, then the Contract tune shad be extended by Change Order for such reasonable time as the OWNER and CONTRACTOR may determine. Article 18-PAYMENTS: 1$.1 Payments shall be made as provided in Article 5 of this Agreement. 18.2 Payments may be withheld on account of (1) defective work not remedied, (2) claims filed, (3) failure of the CONTRACTOR to make payments properly to subcontractors or for labor, materials, or equipment, (4) damage to another contractor, or (5) unsatisfactory prosecution of the work by the CONTRACTOR 18.3 Final payment shall not be due until the CONTRACTOR has delivered to the OWNER a complete release of all liens arising out of this contract or receipts in full covering all labor, materials and equipment for which a lien could be filed, or bond satisfactory to the OWNER indemnifying him against any lien, loss or expense therein. 18.4 The making of final payment shall include a waiver of all claims for work by the OWNER except those arising from (1) unsettled liens, (2) faulty of defective work appearing after substantial completion, (3) fiulure of the work to wmply with the requirements of the Contract Documents. The acceptance of final payment shall constitute a waiver of all claims for payment by the CONTRACTOR except those previously made in writing and still unsettled. Arlicle 19- PROTECTION OF PERSONS AND PROPERTY: 19.1 The CONTRACTOR shall be responsible for initiating, ma;nta;n;ng, and supervising all safety precautions and programs in connection with the work. He shall take all reasonable protection to prevent damage, injury or loss to (1) all employees on the work and other persons who maybe affected thereby, (2) all the work and the materials and equipment to be incorporated therein, (3) other property at the site or adjacent thereto. He shall comply with all applicable laws, ordinances, rules and regulations, and orders of any public 7 authority having jurisdiction for the safety of person or properly caused in whole or in part by the CONTRACTOR, and subcontractor or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, shall be remedied by the CONTRACTOR Article 20. CONTRACTORS LIABILTf Y INSURANCE; The CONTRACTOR shall purchase and maintain such insnrance as will protect him from claims under Workmen's Compensation Acts or similar acts and other employee benefit acts, from claims for damages because of bodily injury, including death, and from claims for damages to property which may arise out of CONTRACTOR'S operations under this Contract, whether such operations be by himself or by any subcontractor or anyone directly or indirectly employed by any of them. This insurance shall provide public liability protection for all operations necessary and incidental to carrying out the terms and conditions of the operations contained herein, including, but not limited to, public liability, contractual and non-owned, all said coverage's staving broad form protection Satre shad continue throughout the term of the Contract including any extensions thereto. CONTRACTOR shall submit to OWNER prior to commencement of construction, certificate of insurance showing CONTRACTOR'S fulfillment of insurance requirements herein; WORKER'S COMPENSATION Standard limits of $100,000 each accident $500,000 policy limit $100,000 each employee GENERAL LIABILITY Nothing less than $1,000,000 Combined Single Unit Article 21- CHANGES IN THE WORK: 21.1 The OWNER without invalidating the contract may order changes in the work consisting of additions, deletions, or modifications, the contract sum and the contract time being ~~~~ accordmglY• All such changes in the work shall be authorized by written change order signed by OWNER. 21.2 The Contract Sum and the Contract Time may be changed only by change order. 21.3 The cost or credit to the owner from a change in the work shall be determined by mutual agreement before executing the work involved 8 Article 22-CORRECTION OF WORK The CONTRACTOR shall correct any work that fails to conform to requirements of the Contract Documents during the progress of the work and shall remedy any defects due to faulty materials, equipment or workmanship which may appear within one yeaz after substantial completion or such longer period of time as may be prescribed by law or by the temrs of any applicable special guarantce required by the Contract Documents. The provisions of this Article apply to work done by the subcontractors as well as work done by direct employees of the CONTRACTOR Article 23- TERMINATION BY OWNER: If the CONTRACTOR defaults or neglects to carry out the work in accordance with the Contract Documents or fails to perform any provision of the Contract, the OWNER may, after seven days written notice to the CONTRACTOR and without prejudice to azry other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due to the CONTRACTOR or, at this option, may terminate the Contract and take possession of the site and all materials, tools, and construction equipment and machinery thereon owned by the CONTRACTOR and may finish the work by whatever method he may deem expedient, and if unpaid balance of the Contract exceeds the expense of finishing the work, such excess shall be paid to the CONTRACTOR, but if such expense exceeds such unpaid balance, the CONTRACTOR shall pay the difference to the OWNER within seven days from written notice. Article 24 OCCUPANCY. The term "Occupancy" for the purpose of this Agreement, shall be defined and construed to mean when OWNER takes possession of the premises, as in the case when the Archival Storage unit is ready to accept delivery of the azchive collection, and when a Certificate of Occupancy has been received from aPProP~te City authorities. The term "Constmction is Complete", for the purposes of this Agreement, shall be defined and construed to mean when all items of a final inspection report, accomplished by OWNER have been corrected and acceptance of construction is presented to the OWNER by the CONTRACTOR Article 25- It is agreed that CONTRACTOR'S request for progress payments pursuant to Article 5 constitutes a certification that all suppliers', employees' and subcontractors' bills for the work covered by the request have been paid in fiill. Before final payment is made, CONTRACTOR, will supply OWNER with (1) a waiver of contractors' lien rights, and (2) an affidavit in a form satisfactory to the owner that all bills of suppliers, subcontactors, and employees have been paid. 9 EXHIBIT'S 1. Hunt House Base Plan Cost Estimate 2. A complete set of final drawings representing the basis for the Base Plan Cost Estimate 3. Apri13 Memorandum of Understanding TO BE ADDED 4. Any revisions to the final drawings 5. Any Change Orders, based upon revisions to the drawings, or by mutual consent as ordered by OWNER 6. A prototypical "Application For Payment" form, for invoices processed after all moving and building permits have been secured 7. Any additional exhibits required to support material changes in Contract terms andJor to clarify provisions in the Contract mandated by Federal, State, County, or City authorities who are party to the Contract or who have jurisdiction over Contract terms, 10 IN WITNESS THEREOF, the parties hereto have executed this Contract on the day and year first above written WITNESS: By: wITNlrss: r----- By: J~~NI~TG Z-~lW~ ~O'1fST.~~..t-'rafiJ ~C . CONTRACTOR I~te: ~Iz~~~ ~C,/r-tom I/J~rnrd I-~;,~Sv c owrrEx By: Hate: a ~Z r /9 7 ~-- II i x+_~rlF~ Recap of Expenses Base P)an-Hunt House Restoration Prepared 5/18/07; Updated 8/1Od77 Summary by Project Category Foundation Line item total for preparation of site prior to move $51, 575.88 Historical Restoration Exterior and interior restoration of original dwelling $227,990.14 Archival Storage Annex Connection of Huttt House with Storage Annex $30, 619.42 Grand Total Contractor Responsibitity $310,185.44 Note: OWNER and CONTRACTOR agree that Project Expense Estimate will be reforecast based upon post-move inspection. Every effort will be made to compensate for unforeseen repairs via value engineering. 12 ~l~lv~~~rol}~ 920 Roberts Road Delray Beach FL 33438 (561)738.6003 office phone Client: Hunt House Foundation Property: 3 N.E. t st Sneet Delray Beach, FL 33444 Operator info: .Operator. BLAIIt Typc of Estimate: Historical Restoration - Dates: Date Entered: 05/18/2007 Price List: FLDB4S7B Restotation/Servictl/Remodel Estimate: 2007-OS-18-0806 930 Roberts Road ~e!rav 3rar PL s=4:8 !ilo~-J~-i3-~13un Main Level Area Items: Main Level DESCRIPTION -~".. QNTY UNTI'COST TOTAL R&R Slrovel footings 40.00 CY Q 363.15 = 14,526.00 Topsoil (per CY) 115.00 CY (a~ 21.69 = 2,494.35 Room: ARC STORAGE ..r.~...,vr aav~~ QNTY DNIT COST TOTAL Footings -labor & materials -Reinforced 10.00 CY (~' 238.13 = 2,382.30 Vapor barrier - visqueen 650.00 SF ~ ~ 033 = '214.50 Concrete slab on grade - 4" - finished in place 600.00 SF Q 2.82 = 1,692.00 Rooro: RAMP DESCRIPTION QNTY UNLIT COST TOTAL Footings - Labor & materials -Reinforced 2.50 CY (a3 238.23 = 595.58 Footings -labor & materials -Reinforced 650 CY ~ 238.23 = 1,548.50 Concrete slab on grade - 4" -finished in place 263.63 SF (a3 2.82 = 743.44 Room: WATER CLOSET DESCRIPTION. QNTY UNLIT COST TOTAL Footings -labor & materials -Reinforced 0.50 CY ® 238.23 = ! 19.12 Room: PLANT AREA DESCRO''fiON QNTX UNIT COST TOTAL Footings -tabor & materials -Reinforced 2.25 CY ® 238.23 = 536.02 2007-05-18-0806 08/10/2007 Page:2 920 Roberts toad ~•etra~r 3eaca _ 3:a::? - _, Room: w~OR:CRtierl DESCRIPTION QNTY 6~i TI'T COST TOTAL Footings -labor & materials -Reinforced 0.25 CY (a3 238.23 = 5956 Room:DOCUMENT DESCRIPTION QNTY UNiT COST TOTAL Footings -labor & materials - Reinfort~d 1.75 CY aQ 238.23 = 416.90 Room: HAL 107 DESCRIPTION QNTY UNIT COST TOTAL Footings -labor & materials -Reinforced 0.50 CY (~ 238.23 = 119.12 Room: POWDER 108 DESCRIPTION QNTY iINiT COST TOTAL Footings -labor & materials -Reinforced 0.50 CY (r~ 238.23 = 119.12 Room: STAIRS DESCRIPTION QNTY UNff COST TOTAL Concrete step -monument stair -labor & materials 4.00 CY (a3 536.74 = 2,146.96 Room: PORCA/HOIISE DESCRIPTION QNTY UN['f COST TOTAL Concrete Post construction including foams onsite engineering for 15.00 CY Q 856.00 = 12,840.00 pier location. 2007-OS-18-0806 08/10/2007 Page:3 920 2oberts Raad ~elray3eacn Ft __1'3 2~~am: H_aLL i 10 DESCRH'TIOAi QNTY U,rTT COST TOT.aL Footings -labor & materials -Reinforced 1.25 CY ~ 238-~ = 297.79 Adjustments for Base Service Charges Adjashaent Concrete 1~18S0a wood Flooring Installer 114.06 . .. 208.06 Total Adjustments for Base Service Charges: ' 322.12 Line Item Totals: 2007-05-18-0806 41,17338 Grand Total Areas: 5,133.33 SF Walls 2,624.37 SEFloor 0.00 SF Long Wall 2,624.37 SF Ceiling 291.60 SY Flooring 0.00 SF Short Wall 7,757.70 SF Walls and Ceiling 641.67 LFF1oorPerimeter 641.67 LF CeiL Perimeter 2,624.37 Floor Area 4,968.00 Exterior Wall Area o.oo snrface Area 0.00 Total Ridge Length 2007-05-18-Og06 2,835.03 Total Area 621.00 Exterior Perimeter of ways 0.00 Number of Squares 0.00 Total Hip Length S,I33.33 Interior Wall Area 0.00 Total Perimeter Length 08/10/2007 Page:4 920 Rober[s Road ~e_rav 3eaca r~ =.4~8 Summary for Historical Restoration Line Item Total 40,851.26 Total Adjustments for Base Service Charges 322.12 Material Sales Tax ~ 6.50096 x 16,952.71 1101.93 Subtotal ~ 42,275.31 Ovedread (a) 10.0% x 42,275.31 4,227.53 Profit_ .. ® 12.0% x 42,27531 5,073.04 Replacement Cost Value 51,575.88 Net Claim 51,575.88 2007-05-18-0806 08/10/2007 Page: S 920 Roberts Road Deira•~ 3escn rL ~:4?? Recap by Room Estimate: 2007-OS-1S-0806 Area: Main Level 17,02035 41.34% ARC STORAGE 4,288.80 10.42% ~~ - 2,88752 7.01% WATER CLOSET 119.IZ 0.29% PLANT AREA 536.02 130°/. WORKROOM 5956 0.14% DOCUMENT 416.90 1.01% HAL 107 - 119.12 0.29% POWDER 108 119.12 0.29°k STAIRS 2,146.96 5.21% PORCA/AOUSE 12,840.00 31.19% HALL 110 297.79 0.72% Ara Subtotal: Main Level 40,851.26 99.22% Subtotal of Areas 40,851.26 ~~22% Base Service Cbarges 322.12 0.78% Total 41,17338 100.00% 2007-05-18-0806 08/10!2007 Page:6 9?0 Roberts Road ~'rs1~r 3each c _ :34.8 Rh:ap b~' Caiegon- O&P Items Total Dollars CONCRETE & ASPHALT 29,950.41 58.07% GENERAL DEMOLITION 8,192.00 15.88% EXCAVATION 2,494.35 4.84% FLOOR COVERING-WOOD ~ 21450 0.42% Subtotal :. .' 40,851.26 79.21% Base Service Charges ~ 322.12 0.62% Material Sales Tax Q 6500% 1,101.93 2.14% Overhead @ IO.OOYo 4,22753 820% Profit (a3 1200% 5.073.04 9.84% O&P Items Sabtotat ~ 51,575.88 100.00% Grand Total ~ 51,575.88 2007-05-18-0806 08/IOI2007 Page:7 ~.. 920 RoGetts Road '^e;iav Beach FL __ ~S 2ti3V ~CtA ~SCO~I'3: ~~. .._ _ atG[: property: 3 ~i.E. 1st Street Delray Beach, FL 334W Operamr Info: pperamr. BLAIR Type of Estimate: F&srorical Restoration Dates: Date Entered: 03129/2007 price L'~ I~InRCxz9o~ ~mtioa/seryice/gemodel Estimate; xulvTxousElLEVtsED8-07 i ,- 920 Roberts Road ~eirav BeacS . _ -~4~8 ... ;3.~i?f:} _.=-. ,cane ?1L"~TAOI:SERE.> ?SED8-J" Exterior Area hems: Exterior DESCRIPTION RBcR Lattice work ' Paint exterior 3 coats Remove 3 tab- 20 yr. - composifian shingle roofing -incl. felt R&R Perfection shingles (original building shingles) R&R Dormor. repairs . R&R Shutters -wood - louvered or paneled - Large ~ Please note: Credit will be given for any existing sutler that can be reused. QNTY UNTT COST TOTAL 738.00 SF Q 3.69 = 2,723.22 1.00 EA Q 5,920.20 = 5,920.20 15.10 SQ Q 54.99 = 830.35 30.00 SQ ® 1,063.03 = 31,890.90 1.00 EA ® 2,931.77 = 2,931.77 38.00 EA ~ 301.15 = 11,443.70 RBcR Concrete stairs 148.22 SF Q 54.54 = 8,083.92 RJR ~ce~. ~~ piere 1.00 UN (a3 2,034.95 = 2,034.95 R&.R Exterior door-solid alder-paneled ~ 2.00 EA Q 1,176.51= 2,353.02 RBtR Exterior.door -solid alder -paneled 1.00 EA Q 1,176.51= 1,17651 Remove Alumirumt window, single hung 9-12 sf (2 pane) 10.00 EA Qa 23.83 = 23830 Dumpster load- Approx. 20 yards, 4 tons of debris 4.00 EA Qa 382.55 = 1,530.2D Site brick flatwodc estimate 1.00 EA Q 6,000.00 = 6,000.00 .Clean window unit (per side) 10 - 20 SF 29.00 EA ~ 7.78 = 225.62 Demolition work exterior 1,944.00 SF Q 3.77 = 7,328.88 Repair and Replace siding as necessary 1.00 UN @ 3,452.50 = 3,452.50 Temporary toilet (per month) 4.00 MO 101.10 = 404.40 R&R Window sill -hardwood 4.00 LF (aj 4.63 = 18.52 Reghtze window, 17 - 24 sf 18.00 EA ® 130.24 = 24432 Window Glazing/Repair -per hour 5.00 HR Q 61-.88 = 309.40 Room: Porch DESCRIPTION Remove Stud wall -2x4 (per BF) Remove Joist -floor or ceiling -2x6 - w/blocking Remove Sheathing -plywood - 12" CDX Demolish/remove walls on east side Demolish/remove walls on south side of porch Window Glazing/Repair -per hour Remove Window sill -hardwood Window sill -hardwood R&R Tread material Strip paint/flnish from door, 3-0 or smaller (per side) HUNTHOUSEREVLSED8-07 QNTY UNIT COST TOTAL 287.00 BF Qa 0.22 = 63.14 195.00 LF (a3 0.75 = 146.25 200.00 SF ~ 0.59 = ~ 118.00 1,575.90 SF (a~ 3.77 = 5,941.14 352.00 SF ® 3.77 = 1,327.04 3.00 HR ® 61.88 = 185.64 12.00 LF 8 0.73 = 8.76 12.00 LF Q 3.90 = 46.80 1.00 UN 8 2,000.97 = 2,000.97 2.00 EA C~3 32.13 = 64.26 08/10/2007 Page:2 ~. 930 Roberts Road ~ersy 3211:1 .=~ =-`F.3 '.2._'1,11_ . -.~ ^.^. P:. CONTINUED -Porch QpTy UNIT COST TOTAL DESCRIPTION 4.02 = 1,692.02 5nish) 420.90 SF (c+~ 1449.83 Sand & fmislt wood floor (natural 1,575.90 SF Qa 0.92 = Seal then paint the surface area twice (3 coats) 2.00 EA Q 130.24 = 260.48 278= 1,170.70 Reglaze window, 17 - 24 sf 42090 SF Q .377.00 R&R Paneling - Highl~e . 100.E SF Q 3.77 = 12833 LF Q 0.17 = 21.82 Demolish and remove A/C closet 24639 Remove Base shoe -hardwood 12833 I.F ~ 1.92 = 30.00 LF Q 7.07 = 212.10 Base shoe - ytazdwood 5.76 R&R Trim board - 1" x 8" columns iepair 6.00 LF (a3 096 = Remove Awning - w'mdow/door -Canvas (retractable) 420.90 $F (~ 029 = 122.06 Remove Carpet -Standard Bade INTERIOR Room: Miacellaneoos QNTY UNIT COST TOTAL DESCRIPTION 81.73 = 735.57 9.00 ~ ~' 620.07 RBcR Doorknob -interior - Premium ~° 1 L.00 EA Q 56.37 = RBcR Door hinges _ High glade (set of 2) 0.t5 = 171.15 1,141.00 SF {a~ 839.10 Clean the surface area - Lrght 30.00 HR ~ 27.97 = Conte Manipulation cbarSe -per hour Room: Electrical Q~ UNLT COST TOTAL DESCRIPTION 22,000.00 = X000.00 1•~ ~ ~ 14,867.45 Removal and rewiring of el~ical ro code estimate 1.00 EA ~ 14,867.45 = R&R Two Central air conditioning systems for Main a~ ~1~ val storage. Includes condensing amts and variable-speed supply and return ductwork and grills, set of fieon & drain lines. Also Inclues Ho~ywell whole house dehumidifier that ties into duck. system, controlled with 2 touch screen themaostats. 08!102007 Page:3 I-IUNTHOUSEREV ISED8-07 920 Roberts Road %etny Beach ~ . >;w.3 Room: Plumhins DESCRIPTION QNTY L~iif COST TOTAL Total plumbing estimate t.0u utv (a} o,wv.w - ---- Room: Attie DESCRIPTION - . QNTY UNIT COST TOTAL Icynene Insulation System and remove existing insulation 1.00 UN Q 7,500.00 = r.~w•~" Room: Confecence QNTY UNIT COST TOTAL DESCRIPTTON 53.67 LF Q 1.92 = 103.05 Base shoe -hardwood 180.01 SF ® 0.29 = 52.20 Remove Carper -Standard Bade 01 SF Q 180 4.02 = 723.64 Sand 8c 5nish woad IIoor (natural finish) " " . 67 LF ® 53 1.44 = 77.28 wide - 8 Strip paint/fmish from trim, 4 . 00 EA Q 2 32.13 = 64.26 Strip paintJfinish from door, 3-0 or smaller (per side) . 03 684 Seal then paint the walls and ceiling twice (3 coats) 743.51 SF Qa 0.92 = . Room: Reception QNTY UNIT COST TOTAL DESCRIPTION 96 84 Base shoe -hardwood 44.25 LF Q 1.92 = . 5220 Remove Carpet -Standard gwde 180.01 SF Q 0.29 = 43 1 892 R&R Paneling -High grade 680.73 SF (ct~ 2.78 = . > 64 723 £and 3c Smah wood floor (natural Finich) 180.U1 SF ~ 4'02 = . z7 oz~s Seal then paint the walls and ceiling twice {3 coats) 680.73 SF ~ 0.92 = . 72 63 Strip paint/fntish from trim, 4" - 8" wide 44.25 LF ® 1.44 = . Room: Masonry DESCRIPTION QNTY UNIT COST TOTAL ! Ob R&cR Masonry faephrce & chimney - sing! tort' 8h 8~ 1.00 EA Q 4,431.06 = 4,43 . e s home -Iii HUNTHOUSEREVISED8-07 08!102007 Page:4 920 i2oberts Road 7elrsi °e_cb L ~1~8 :.. ::. i.;2i . ~ cs ;a~sa Room: ~tibrk Room DESCRIPTION QNTY L~i7T COST TOTAL Shelving - 16" - in place -stain grade 11.00 LF y 12.84 = 14 L24 Remove Carpet -Standard grade 181.13 SF ~ 029 = 52.53 Sand & finish woad floor (natural 5nish) 181.13 SF ® 4.02 = 728.14 Strip paindfinish from trim, 4" - 8" wide 41.58 LF (a3 1.44 = 59.88 Seal then paint the walls and ceiling twice (3 casts) 664.71 SF ® 0.92 = 611.53 Reglau window, 17 - 24 sf 4.00 EA ® 130.24 = 520.9fi Remove Base shoe -hardwood 41.58 LF (a) _ 0.17 = 7.07 Base shoe -hardwood 4158 LF ® 1.92 = 79.83 Room: powder 109 DESG7tiP1'ION 'QNTY UNIT COST TOTAL R&R Mirror -1/4" plate glass 9.00 SF (a3 7.86 = 70.74 Clean window unit(per side)10 - 20 SF 2.00 EA (a3 7.78 = 1556 Remove Carpet -Standard grade. 40.17 SF Q 0.29 = 11.65 Sand & finish wood floor (natural finish) 40.17 SF Q 4.02 = 161.48 Reghize window, l - 9 sf 2.00 EA Q 48.85 = 97.70 Strip pamt/finish from trim, 4" - 8" wide 25.67 LF Q 1.44 = 36.96 Strip paim/fmish from door, 3-0 or smaller (per side) 2.00 EA ® 32.13 = 64.26 Seal then paint the walls and ceiling twice (3 coats) 296.84 SF Q 0.92 = 273.09 RBcR Tile floor covering -High grade 40.17 SF Qa 12.04 = 483.64 R&R Exteriordoor-solid alder -paneled 1.00 EA ® 1,176.51= 1,176.51 Room: Curator's DESCRIPTION QNTY UNIT COST TOTAL R&R Window sill -hardwood 4.00 LF Q 4.63 = 18.52 Remove Carpet -Standard grade 158.76 SF Q 029 = 46•~ Sand & finish wood floor (natural finish) 158.76 SF Q 4.02 = 638.22 Remove Shelving -16" - in place -stain grade 9.00 LF Qa 0.54 = 4.86 Window Glazing/Repav -per hour 1.00 HR (a) 61.88 = 61.88 Strip paindfinish from trim, 4" - 8"wide 53.83 LF Q 1.44 = 77.52 Strip painUflnish from door, 3-0 or smaller (per side} 2.00 EA Qa 32.13 = 64.26 Seal then paint the walls and ceiling twice (3 coats) 724.01 SF (a3 0.92 = 666.09 Remove Baseshoe -hardwood 53.83 LF Q 0.17 = 9.15 Base shoe -hardwood 53.83 LF Q 1.92 = 103.35 HUNTHOUSEREVISED8-07 08/10/2007 Page: S 9?0 Roberts Road De?nv 9each ~L ~_4~8 7oi -=3.5J03 .;! ice ~rcr._ CO`iTIIYL'ED -Curator's DESCRIPTION QNTY UNIT COST TOTAL Room: Room6 DESCRIPTION QNTY UNiT COST TOTAL Remove Carpet -Standard Bade 19.25 SF @ 0.29 = SS8 . Sand & Shish wood floor (natural 5nish) 14.25 SF Q 4.02 = T7.39 Strip ~int/5aish'from trim, 4" - 8". wide 13.17 LF ® 1.44 = 18.96 Seal then P~ ~ ~~ ~ ~~ m, fre (3 ~) 131.03 SF @ 092 = 120.55 Room: Hall 107 QNTY UNff COST TOTAL R&R Baseboard - 4 1/4" hardwood 41.67 LF Q 5.45 = 227.10 Remove Carpet -Standard grade 87.74 SF Q 0.29 = 25•~ Sand & Shish wood floor (natural Shish) 87.74 SF Q 4.02 = 352.71 Strip paint/Snish from trim, 4" - 8" wide 41.67 LF (a3 1.44 = 60.00 Seal then paint the walls and ceiling twice (3 coats) 532.91 SF Q 0.92 = 490.28 Clean window unit (per side) 10 - 20 SF 2.00 EA Qa 7.78 = 15.56 RBrR Cabinetry -lower (base) units -High grade 7.00 LF Q, 182.47 = 1,277.29 Room: Document 106 DESCRIPTION Remove Carpet -Standard grade Sand 8c finish wood floor (natural finish) Demolish/temove -bedroom closet Strip psiat/Snish from trim, 4" - 8"wide Strip painVfinish from door, 3-0 or smaller (per side) Seal then paint the walls and ceiling twice (3 ~) I-IUNTHOUSEREVISEDS-07 QNTY UNIT COST TOTAL 174.09 SF Q 0.29 = 50.49 174.09 SF Q 4.02 = 699.Sd 116.00 SFQ 5.04= 5~•'~ 52.93 LF (a3 1.44= 76.22 2.00 EA Q 32.13 = 64.26 729.91 SF Q 0.92 = 671.52 08/10/2007 Page:6 920 Roberts Rond lira,; 3aacn c° ~~~?=3 CON"fL~iUED -Document 106 QNTY IINIT COST TOTAL Remove Base shoe -hardwood 52.93 LF ® 0.17 = 9.00 Base shoe -hardwood 52.93 LF @ 1.92 = 101.63 Room: powder 108 DESCRIPTION ~ QNTY UNIT COST TOTAL 1/2" drywall -hung, taped, floated, ready for paint 252.00 SF @ ' . 2.41= 60732 Clean window unit (per side) 10 - 20 SF 4.00 EA @ 7.78 = 31.12 R&R Miaot- 1/4" plate glass -gold veined or smoked 9.00 SF @ 11.06 = 99.54 Tile floor covering -High grade 1724 SF @ 10.49 = 180.85 Remove Shelving - 24" : in place 3.00 LF @ 0.64 = 1.92 Remove Cabinetry - Luninate lower (base) units -Standard grade 6.00 LF @ 10.00 = 60.00 Cabinetry -laminate lower (base) units 12.00 LF @ 152.64 = 1,831.68 Remove Paneling 56.00 SF @ 032 = 17.92 Remove Carpet - Standard grade 17.24 SF @ 0.29 = 5.00 Sand & finish wood floor (natural finish) 17.24 SF @ 4.02 = 69.30 Demolishlremove -bathroom - (up to 50 sf) - 80.00 SF @ 14.40 = 1,152.00 Strip paint/finish firm trim, 4" - 8" wide 17.83 LF @ 1.44 = 25.68 Strip paint/finish from door, 3-0 or smaller (per side) 2.00 EA @ 32.13 = 64.26 Seal then paint the walls and ceiling twice (3 coats) 204.49 SF @ 0.92 = L 88.13 R&R Stud wall - 2x4 (per BF) 129.00 BF @ 2.08 = 268.32 Wall 1 includes 11 studs, 1 bottom and 0 top plates. It has 2 king studs, 2 trimmers, 0 LF of sill material, and 0 LF of cripple material for the wall opening(s). Room: hall 109 DESCRIPTION QNTY UNIT COST TOTAL Remove Catpet -Standard grade 80.85 SF @ 0.29 = 23.45 Sand & finish wood floor (natural finish) 80.85 SF @ 4.02 = 325.02 Strip paint/Snish from trim, 4" - 8" wide 44.93 LF @ 1.44 = 64.70 Snip paint/Snish from door, 3-0 or smaller (per side) 2.00 EA @ 32.13 = 6426 Seal then paint the waIIs and ceiling twice (3 coats) 552.66 SF @ 0.92 = 508.45 HUNTHOUSEREVISED8-07 08/10!2007 Page:7 920 Roberts Road Delray; 3eacit ~L ::-'.38 CONTL`(LZD -hail 109 DESCRIPTION QNTY UNIT COST TOTAL Remove Base shoe -hardwood 44.93 LF Q 0.17 = 7.64 Base shoe -hardwood 44.93 LF (~ 1.92 = 86.27 Adjustments for Base Service Charges Adjastmeat Carpenter-Finish; Trmr/Cabinet 172.68 Carpenter-General Framer ~ 143.92 Carpenter- Mechanic 123.76 Cleaning Technician 49.66 Concrete Mason 108.90 Drywall Installer/Finisher 440.44 Wood Flooring Installer 192.64 Hardware Installer 112.62 Heating / A.C. Mechanic. 150A0 Luoulation Installer 144.34 Mason BricldStone 96.24 Painter Roofer Siding ]nstaper Tile/Cultumd Marble Installer 111.50 355.11 134.66 173.06 Total Adjustments for Base Service Charges: 2,509.53 Line Item Totals: AUNTIiOIISEREVfSED8-07 188,421.60 HUNTHOUSEREVISF-D8-07 08/10/2007 Page: B 920 Roberts Road pc~~, 3e:tca 'L ;:+ze ": -3. -i;+}_ o~fice -hose Grand Totat Areas: 6,004.01 SF Walls 2,011.79 SF Floor 0.00 SF Long Wall 2,011.79 Flaor Area 2,430.06 Exterior Wall Area 2,176.39 Surface Area 27.42 Total Ridge Length 2,011.79 SF Ceiling 22353 SY Flooring 0.00 SF Shon Wall 2,157.89 Total Area 734.50 Exterior Perimeter of waus 21.76 Number of Squares 83.25 Total Hip Length 8,015.80 SF Walls and Ceiling 606.30 LF Floor Perimeter 634.80 LF Ceil. Perimeter 6,004.01 Interior Wall Area 340.23 Total Perimeter Length HUNTHOUSEREVISED8-07 08!10!2007 P$ge:9 920 2oberts Road Ceirav Seach ci.. ;~1_3 Summary for Historical Restoration Line Item Total Total Adjustments for Base Service Charges 18,912.07 2,509.53 Subtotal 188,421.60 Overhead (a~ 10.0% x 188,421.60 18,842.16 Pmfit ® 10.0% x 207,263.76 20,726.38 Replacement Cost Value 227,990.14 Net Claim 227,990.14 HUNTHOUSERE VISED8-07 08/10/2007 Page: 10 ~, 920 Ruberts Road ~eira~ 3eacn rL ;:~3~t Recap b.; Roam Estimate: HUNTHOtiSEREVISEDB-07 Area: Ecterior Porch Area Subtotal: Ertertor Area: INTERIOR MiseeBsneous Electrical Plumbing Attic Conference Reception ' Masonry Work Room powder 109 Cantor's Room6 Hall 107 Document 106 powder 108 haB 109 Area Subtotal: INTERIOR Subtotal of Areas Base Service Charges Total 91,240.68 48.42% 15,459.56 8.20% 106,700.24 56.63°h 2,365.89 36,867A5 6,000.00 7,500.00 1,704.46 3,44312 4,431.06 2,201.18 2,39159 1,689.89 222.48 2,44838 . 2,263.40 4,603.04 1,079.79 1.26% 19.57°h 3.18% 3.48% 0.90% 1.83% 235% 1.17% 1.Z7Yo 0.90% 0.12°h 130% 120% 2.44% OS7% 79,211.83 185,912.07 2,509.53 188,421.60 42.04% 98.67% 1.33% 100.00% 08/102007 Page:ll HUNTHOUSEREV ISED8-07 920 Roberts Road ~eita+~ 3eic5 =L i3~~8 Re~:a~ uy Category O&P items CABIlYETRY CLEANIlYG CONCRETE & ASPHALT CONTENT MANIPULATION GENERAL DEMOLITION DOORS DRYWALL ELECTRICAL FLOOR COVERING -.RESILIENT FLOOR COVERING -CERAMIC TILE FLOOR COVERING -WOOD FINISH CARPENTRY / TRIMWORK FINISH HARDWARE FIREPLACES FRAMING & ROUGH CARPENTRY GLASS, GLAZING, & STOREFRONTS HEAT, VENT & AIR CONDITIONING INSULATION MASONRY MIRRORS & SHOWER DOORS PLUMBING PANELING & WOOD WALL FINISHES PAIlYTING ROOFING SIDING TEMPORARY REPAIRS WINDOW REGLAZING & REPAIR WINDOWS-SKYLIGHTS Subtotal Base Senrice Charges Overhead ProSt O&P Items Subtotal Total Dollars 3,038.97 133% a59.o1 o.zox 9,411.00 4.13% 839.10 0.37% 24,921.98 10.93% 4,615.60 2.02% 60732 0.27% 22,000.00 9.65% 2,000.00 0.88% 602.23 0.26% 6,191.40 2.72% 3,835.70 1.68% 7,120.68 0.49% ' 3,835.91 1.68% 23994 0.11% 5,92 0.24% 14,867.45 6.52% 7,500.00 3.29% 6,000.00 2.63% 164.88 0.07% 6,000.00 2•~% 2,710.01 1.19% 16,67321 7.31% 30,000.00 13.16% 11,192.90 4.91% 404.40 0.18% 3,223.46 1.41% 2,900.00 127% - 185,912.07 2,50953 1.10% ~ 10.00% 18,842.16 8.260% 09/0 9 ]0.00% 20,726.38 . 227,990.14 100.00% HUNTHOUSEREVLSED8-07 08/10/2007 Page: 12 9^0 Robens toad ~eifav Beach F_ : ,1=:i ~.;,~nd T~cal :.?-.~90. i-i HU-`1TF1OUSEREVLSED8-07 08/10/2007 Page: 13 92U KoB ach FL 33438 Delray (Sbl) 138.6003 otTicephone Client Hunthouse Bunker Property: 3 N.E. Ist Street Delray Beach. FL 33444 pperator Info: ppeta[or: BLAIR 't`ype of Estimate: Historical Restoration Dates: Date Entered: 04/06/27 Price List: . FLDB4S7B RestorationlServicelRemodel Estimate: 2007-04-06-0759 )P_w:nagca. i 920 Roberts Road Delray Beach FL 33433 (561)738.6003 office phone 2007-04-06-0759 slain Levet ha11109 QNTy UNIT COST Room: 127 DESCRIPTION 82.88 SF @ 1.87 = l ood - 5/8" CDX Sheathing - P Yu' 78.00 BF @ 49 SF @ 431 2.46 Srud wall - 2x4 (per BF) . 92.00 LF @ 4.39 = h rode Paneling - Hi8 8 49 SF (~ 431 0.67 = Casing - 5" -hardwood alls and ceiling - h1O CO8re . 450.00 SF @ 2,41 = 2.63 = Paint the w ady for paint wall -hung, taped, floated, t i l2" dr S2,gg SF @ 14.00 = n y l ready for pa floated, wall -hung, taped, 18" d d ) 82.88 SF @ 0.96 = ry e 5 remittm gra finished solid wood flooring (P 348.61 SF @ 1.54 = pre- Batt insulation - 6" - R2l 82.gg LF @ mber (1 BF per LF) " l " u 2 x 6 TOTAL 145.86 1,061.47 403.88 289.10 1,084.50 217.97 1,160.32 334.67 127.64 QN'I'Y UNIT COST Room: Bunker 194.75 = DESCRIPTION 12.00 EA @ 2.46 = Extra lazge 892.67 SF @ Custom exterior window shutters (set) - 0.62 = 892.67 SF @ 3.16 = Siding -High grade tr,o coats 300.00 SF @ SeaVprime the surface area - Lattice work Room: Bunker Roof DESCRIPTION Fascia - l" x 6" #2 ptne Roofing felt - l5 lb. final shingles) Perfection shingles (orig Roof Framing estimate -_ QNTY 137.9 F11 8 7.00 SQ @ 7.00 SQ @ 1.00 EA@ UNIT COST 1 VX= 25.09 = 1,000.00 = 5,000.00 = TOTAL 2,195.97 553.46 948.00 TOTAL 548.88 !75.63 7,000.00 5,000.00 pdjushaent Adjustments far Base Service Charges Carpenter -Finish, TrimlCabinet Carpenter -General Framer Drywall Installer/Finisher 172.76 143.92 440.28 04/0612007 Page:2 2007-04-06-0759 920 Roberts Road Delray Beach FL 33438 (i6l) 738.6003 office phone Adjustment Adjustments for Base Service Charges Wood Flooring Installer 112.54 Hardwaze Installer 145.12 Insulation Installer 110.38 Painter - 360.69 Roofer 132.82 Siding Installer 1,826.57 Total Adjustments for Base Service Charges: 25,516.18 Line Item Totals: 2007-04-06-0759 Grand Total Areas: 1,194.17 SF Walls 628.37 SF Floor 0.00 SF Long Wall 628.37 SF Ceiling 69.82 SY Flooring 0.00 SF ShoR Wall 1,822.54 SF Walls and Ceiling 130.20 LF Floor Perimeter 139.78 LF Ceil. Perimeter 628.37 Floor Area 1,029.58 Exterior Wall Area 820.95 Surface Area 68.08 Total Ridge Length 669.49 Total Area 106.28 Exterior Perimeter of Walls 8.21 Number of Squares 0.00 Total Hip Length 1,194.17 Interior Wall Area 137.91 Toml Perimeter Length 04/06/2007 Page:3 2007-04-06-0759 930 Roberts Road Delrav Beach FL 33433 (561) 738.6003 office phone Summary for historical Restoration Line Item Total - Total Adjustments for Base Service Chazges Subtotal Overhead Q 10.0% x Profit Q 10.0% x Replacement Cost Value Net Claim 25,516.18 25,516.18 23,689.61 1,826.57 25,516.18 2,551.62 2,551.62 30,619.42 30,619.42 04/06/2007 Page: 4 2007-04-06-0759 r wvw?nux...' 920 Roberts Road Delrag Beach FL 33438 (.61) 738.6003 office phone Recap by Room Estimate: 2007-04-06-0759 Area: Main Level ha11109 Bunker Bunker Root Area Subtotal: Main Level Subtotal of Areas Base Service Charges Total 4,930.67 19.32% 6,034.43 23.65% 12,724.51 49.87% ~ 6 92.84° °/ 23,689.61 92.84% 1,826.57 7.16% 25,516.18 1 00 00 / 04/0612007 Page: 5 2007-04-06-0759 °nw°nn~i°x~ 920 Roberts Road Delray Beach FL 33438 (i61) 738.6003 office phone Recap by Category Total Dollars O&P Items 1,302.47 4.25% DRYWALL 1,16032 3.79% FLOOR COVERING -WOOD 1,351.88 4.42% FINISH CARPENTRY / TRIMWORK $37$.76 17.57% FRAMING & ROUGH CARPENTRY 09% 1 334.67 . INSULATION 3,257.44 10.64% PANELING & WOOD WALL FINISHES 842.56 2.75% PAINTING 7,175.63 23.43% ROOFING. 548.88 1.79% SOFFIT, FASCIA, & GUTTER 2,337.00 7.63% WINDOW TREATMENT 23,689.61 7737% Subtotal 1,826.57 5.97% Base Service Charges ° 551.62 2 833% Overhead Q 10.00 /o , 551.62 2 8.33% (a3 10.00% Profit , 30,619.42 100.00% O&P Items Subtotal 30,619.42 Grand Total 04/06/2007 Page: 6 2007-04-06-0759 .EXHIBIT 2 Hunt House Restoration Project ARCHITECTURAL DRAWINGS OWNER and CONTRACTOR shall maintain a complete set of Architectural Seal Drawings on the Hunt Hoose construction site, and in their respective offices attached to, or in proximity with the signed and witnessed original Contract. Reduced copies of Architectural Drawings are to be included with all Contracts on file, unless otherwise requested by the holder. 13 Exhibit 3 Hnnt Howse Restoration Memorandum of Understanding Dated Aprn 3, 2007 This docmnent proceeded execution of the Hant Horse Restoration Contract, forming the basic understandings between OWNER and CONTRACTOR on rnmmitments prior to issuance of moving and banding permits. The parties viewed this document as a Letter of Intent authorizing CONTRACTOR to perform duties on behalf of OWNER prior to commencing the Work contemplated in the Restoration Contract. 14 Page 3 Billine Process DBHS will shortly establish a Hunt House account at Northern Trost The first deposit comes from a generous donation in honor of a former Mayor of Delray Beach. VJe will use this account to pay preliminary expenses such as surveys, drainage studies and the like. It is quite possible that you may incur significant out of pocket expenses in obtaining Perm-ts, and in preparing Hunt House for the move even before we have established a formal contract for your services. On or about July I, 2007, we will establish a conditional draw for your account, against which you may submit invoices for expenses that have the DBHS prior approval. The principle for such expenses is that they must be necessary to keep the project on its planning timetable, or that they will aid significantly in refining the overall project budget prior to moving Hunt House to its new location. Some of these expenses should be reimbursable from various matching grants, but only if we keep excellent records. Flexibility Required Finally, we beg your indulgence to stay flexible, as some elements of this project may be outside of our immediate wntrol. We are serving many masters, each of whom may have a slightly different view of what is important or desirable in preserving Hunt House for the benefit of future generations. All I know is that we are going to succeed, with your valuable help. Agreed and Understood by: Ly~r~ ~~ 4~S o~ Ken Blair-M rtling Thunder Construction / /, %~ ~ ~ / ,, Hobert Ganger-D Iray Beach storical Society~~~~ // MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ~ ~ FROM: '~,~BERT A. BARCINSKI, ASSISTANT CITY MANAGER THROUGH: DAVID T. HARDEN, CITY MANAGER DATE: NOVEMBER 9, 2007 SUBJECT: APPROVAL TENNIS STADIUM CONSULTING AGREEMENT ITEM BEFORE COMMISSION Commission is requested to consider approval of a five (5) yeaz Tennis Stadium Consulting Agreement with JCD Sports Group, Inc. Attached is a proposed five (5) year Tennis Stadium Consulting Agreement with JCD Sports Group, Inc. Services provided under this agreement include pursuing and attracting events to the Stadium, assisting in negotiating Stadium use agreements and overseeing and managing events held at the Stadium. This is a proposed five (5) year agreement with a fee increase for each yeaz. The previous agreement entered into on December 1, 2004 was a one (1) yeaz agreement with two (2) one year renewal options. Compensation was $20,000. FUNDING SOURCE Funding is available in account 001-4210-575-34.90. RECOMMENDATION Staff recommends approval of the five (5) yeaz Tennis Stadium Consulting Agreement as presented. U:\wwdataWgenda\Agenda Item Approval Tennis Stadium Consulting Agreement.doc ADINslon o~ Dubin 6 Assoclafes TO: Bob Barcinski FROM: Sharon Painter (~i.,tgn, ~pi,~ly CC: Cynthia Doll, Jason Myers DATE: October 25, 2007 R~e~~~~~ qo Cj?6?007 SERA pFSTI~E RE: Tennis Stadium Consulting Agreement Attached is a copy of the consulting agreement JCD Sports Group has with the City of Delray Beach for the purpose of attracting special events to the Tennis Center, event management at the site, and for the purpose of identifying and assisting in the development of additional revenue sources for the City of Delray Beach Tennis Center. The current contract ends November 30, 2007. I have attached a proposed copy of a new contract between JCD Sports Group and the City of Delray Beach to continue consulting services and event management along with continuing in the development of additional revenue sources for the City. As discussed in the past, we feel our ability to manage the Tennis Center staff in conjunction with the special event work load creates a much less financial impact on the City than if it were to separately contract out that work. With the addition of several junior tournaments and increased participation levels, the Swim and Tennis Club events have become another responsibility for JCD staff. The tremendous amount of contacts and relationships that have been developed with production companies and vendors allows us to utilize the Tennis Center for commercials and other revenue producing events from time to time. This past year there was a Nike location shoot and a Serena Williams "Pro-Active" commercial shot at the stadium. JCD Sports enjoys being a part of the City of Delray Beach "adjunct" staff and participating in Delray events whether as a contractor or a volunteer. We look forward to you allowing us to continue as a partner with the City in the development and special event management of the Delray Beach Tennis Center along with the Delray Beach Swim and Tennis Club. Please contact me if you have any questions. GoII & Tennis Management, Development & Consultation 1300 Park of Commerce • Suite 272 • Delray Beach, FL 33445 • (561) 265-0255 • Fax (561) 265-2752 AGREEMENT THIS AGREEMENT is made this day of 2007 between the City of Delray Beach, a Florida municipal corporation ("the City") and JCD Sports Group, Inc., a Florida corporation ("Consultant"). WITNESSETH: WHEREAS, the City and Consultant entered into an agreement dated December 3, 2002 and renewed each December 1, for consulting services for the purpose of attracting special events to the Tennis Center, event management, and for the purpose of identifying and assisting in the development of additional revenue sources for the City of Delray Beach Tennis Center; and WHEREAS, the City and Consultant are interested in entering into this Agreement under the terms set forth herein. NOW, THEREFORE, for the mutual covenants and consideration set forth in this Agreement, the parties agree as follows: i. Recitals. The recitations set forth above are incorporated as if fully set forth herein. 2. Duties of Consultant. a. Interacting with community and special interest groups to develop relationships that generate interest in use of the stadium site for events. b. Visit area facilities and sites that generate like events to research future performance considerations, site layouts, pricing, etc. c. Develop relationships with local facility managers to network for referrals when their sites are booked or there are capacity constraints. d. Work with location scouts associated with area production companies to promote the tennis stadium as a site for commercial shoots. e. Engage in conversations with prospective clients to determine viability and legitimacy of requests. f. Assist in negotiating stadium agreements and present same to Ciiy for approval. g. Negotiate and oversee all stadium events to make sure there is compliance with the contract. h. Meet monthly to update the Assistant City Manager regarding Consultants activities. 3. Term of Agreement. This Agreement shall commence December 1, 2007 and expire November 30, 2012. The Agreement may be renewed by the City Manager for two additional one-year periods. 4. Termination. Either party may, with or without cause, terminate this agreement with 30 days prior written notice. The termination will be effective thirty days from the date of deposit in the U.S. Mail or date of hand delivery upon termination. Upon the effective date of termination, no further monthly payments shall be due Consultant. The City shall reimburse only those expenses that were approved prior to termination. 5. Compensation. The City shall pay Consultant according to the following: December 1, 2007 to November 30, 2008 $22,500.00 per year in equal installments of $1,875.00 per month on the first of each month beginning December 1, 2007, December 1 2008 to November 30 2009 $23 625.00 per vear in eaual installments of $1 968 75 p er month on the first of each month beainnino December 1.2008, December 1 2009 to November 30 2010 $25,042.44 per vear in equal installments of $2 086 87 p er month on the first of each month beainnino December 1, 2009. December 1 2010 to November 30 2011 $26 294.52 per year in equal installments of $2 191 21 p er month on the first of each month beoinnino December 1, 2010, December 1 2011 to November 30 2012 $27 609.24 per vear in eoual installments of $2 300 77 per month on the first of each month beoinnino December 1, 2011, In addition, the City shall pay the actual costs for reimbursable expenses provided that the reimbursable expenses are agreed to in advance by the City or its designee. 6. Independent Contract. Consultant shall be and remain an independent contractor and not an agent or employee of the City. 7. Governing Law and Venue. Any dispute under this Agreement shall be determined under the laws of the State of Florida with venue in Palm Beach County, z Florida. 8. Entire Agreement. This Agreement constitutes the entire agreement between the parties as it pertains to the duties outlined herein. Any modifications to this Agreement to be effective must be in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. ATTEST: City Clerk Approved as to Form: City Attorney CITY OF DELRAY BEACH By: Rita Ellis. Mayor ATTEST: JCD Sports Group, Inc. By: Sharon Painter, CEO ~~1t • ^ 'A qy VV4/VVC GE ~' THIS AGBEEi1tF,NT is made -this ~~ day of ~.. .. 2004 between the City of Delray Beach, a Florida municipal corporadpn ("the City") and JCA Sports Group, Inc., a Florida corporation ("Consultant"). W ITNES S.BTIi: W13EREAS,,the City and Consultant entered into an agreemem dated Docernber.3, 2002 and renewed December 1, 2003 for consulting services for the purpose of atttacting specasl events to the Tennis Center, eveatt management; and'for the purpose of idemifying and assisting in the development of additional revenue sources for the City of Delray Beach Tennis Caster, and ' WHEREAS; the City and Consultant are interested is entering into this Agreement under the lama set forth herein. NOW, THEREFORE, 6x the mutual covenants aril coasideratios set forth is this Agreement, the parties agree as follows: l• ~. The recitations set forth above are.iscorporated as if fully sex tbrth herein. 2. Dutid afCons tl~t. a. Interacting with commnrgty -and special {merest groups to develop relationsbips that generato interest. in use of the stadium s$e for evema. b. Visit area faa7ities and sites that genera;a Lice everts to research fi-trtre performance considerations; site layouts; pricing, etc. c. Develop relationships with local faality managers to network for referrals when their sites arse booked or these are capacity constraims. d. Work with location scouts associated with area production companies to promote the tennis stadium as a site for corrtmercial shoots. . e. Engage is wnversations with prospective clients to determine viability and legitimacy of requests: f. Present stadium requests to the City for approval. r. _~ _• _... ._._ ..... _...~.... ... ..a~~ ni ionn~i IQJ VVJ/UV4 i nth., . ~ g. Oversee all. stadium events to malts sure there is compliance with the contract. h. Provide a quarterly report to the City Manager regarding Consultant's marketing activities for that girartE:c. 3. Term of ttgseemPr~t. This Agreement shall continence December 1, 2004 and expire. November 30, 2005. The Ag~ecment may be renewed by the City Manager for two additional one-year periods. 4. Te tnn n. Either party may, with or without. esuse, terminate this ag+eemetlt with 30 days prior written potico. The termination will be effective thirty. days flora the date of deposit in the U.S. Mail or date cfihand delivery upon termination. Upon the e86ctive date of terimuiation, no further monthly payments shall be due Consultant. The: City shell reimburse only those ertpenses that were approved prior to termination 4. Compensation- T'he City shall pay Consultant Twenty Thousand Dollars and 00/100 cents ($20,000:00) each year for the .duration of this Agrxm~t, payable in equai installments of One Thousand Six Hundred Sixty-Six Dollars and 67/100 cecus ($1,666.67) per month on the first of earl month beginning December 1, 2004, and during: each renewal period, _ _.. __ if any. to addition; ttte. City 9tiall pay the actual costs far. reimbursable expenses provided that the raimbirrsable expenses-are agreed to in advance by the City or its designee. 5. Iade~:ndent [.~`on~c , Consultant shell be and remain an independent contractor acrd. not an agent or employee of the City. . 6. ~ e nr tug Iaw i Yeaue. Arty dispute .under this Agreement. shall bo determined under the laws of the S fate of Florida with veiwe in Palm Beach County, Florida 7. Entire Agreement: This Agreement constitutes the entire agreemem between the parties as it pertains to the duties outlined herein. Any modifications to .this Agreement to be effective must be in writing and signed by troth parties. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written 2 •' y `'`' ATTE6T. CITY DBLRA. B ACH, FLORIDA e~,~ By: ~ . City Clerk eil Batt, yor Approved as Yo Form: ~~ Attorney ATTEST: JCD Sports-Group Inc. By: Print I+tame: Brabm Dutiin, Presidem 3 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City ManagerL/~'" DATE: November 16, 2007 SUBJECT: AGENDA ITEM #9 -MEETING OF NOVEMBER 20 2007 DISCUSSION REGARDING THE TOWN HALL MEETING DATE IT~EFORE COMMISSION Discussion regazding an altertnate date for the City of Delray Beach Town Hall Meeting. BACKGROUND The City of Delray Beach's Town Hall meeting is currently scheduled for January 29, 2008 which is the date of the Presidential Preference Primary and the State of Florida Tax Reform Referendum. Staff has contacted Old School Square, and we aze waiting to hear back on alternate dates in February 2008 if the Commission desire to reschedule the annual Town Hall Meeting. RECOMMENDATION Commission's direction for the scheduling of the Annual Town Hall Meeting. qC MEMORANDUM TO: Mayor and City Commissioners FROM: Susan A. Ruby, City Attorney ~~ DATE: November 15, 2007 SUBJECT: AGENDA ITEM 0 -REGULAR COMMISSION MEETING OF NOVEMBER 20 2007 SETTLEMENT OFFER IN CHANDLER V. CITY, ET AL. CASE ITEM BEFORE COMMISSION The Plaintiff in the case of Anna Chandler v. City of Delray Beach, et al. has offered to settle this case for $200,000.00, inclusive of attorney's fees and costs. BACKGROUND Plaintiff alleges that Defendant Linda Marks fraudulently obtained funds from the Plaintiff for psychic services provided to the Plaintiff and that the City failed to arrest the Marks, failed to obtain restitution, and failed to shut down the Marks' business. RECOMMENDATION The City Attorney's Office recommends denial of this settlement offer. •~ Statutes & Constitution :View Statutes :->2007->Ch0286->Section 011 : Online Sunshine Page 1 of 2 Select Year: 2007. Go The 200 Florida Statutes Title XIX Chapter 286 View Entire Chanter PUBLIC BUSINESS PUBLIC BUSINESS: MISCELLANEOUS PROVISIONS 286.011 Public meetings and records; public inspection; criminal and civil penalties.-- (1) All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shalt be considered binding except as taken or made at such meeting. The board or commission must provide reasonable notice of all such meetings. (2) The minutes of a meeting of any such board or commission of any such state agency or authority shall be promptly recorded, and such records shall be open to public inspection. The circuit courts of this state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon application by any citizen of this state. (3)(a) Any public officer who violates any provision of this section is guilty of a noncriminal infraction, punishable by fine not exceeding $500. (b) Any person who is a member of a board or commission or of any state agency or authority of any county, municipal corporation, or political subdivision who knowingly violates the provisions of this section by attending a meeting not held in accordance with the provisions hereof is guilty of a misdemeanor of the second degree, punishable as provided in s. 775,082 or s. 775,0$3, (c) Conduct which occurs outside the state which would constitute a knowing violation of this section is a misdemeanor of the second degree, punishable as provided in s. 775,0$2 or s. 775.088. (4) Whenever an action has been filed against any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision to enforce the provisions of this section or to invalidate the actions of any such board, commission, agency, or authority, which action was taken in violation of this section, and the court determines that the defendant or defendants to such action acted in violation of this section, the court shalt assess a reasonable attorney's fee against such agency, and may assess a reasonable attorneys fee against the individual filing such an action if the court finds it was filed in bad faith or was frivolous. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. However, this subsection shall not apply to a state attorney or his or her duly authorized assistants or any officer charged with enforcing the provisions of this section. (5) Whenever any board or commission of any state agency or authority or any agency or authority of http://www.legstate.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_Strin... 11/ 15/2007 Statutes & Constitution :View Statutes :->2007->Ch0286->Section 011 : Online Sunshine Page 2 of 2 any county, municipal corporation, or political subdivision appeals any court order which has found said board, commission, agency, or authority to have violated this section, and such order is affirmed, the court shall assess a reasonable attorney's fee for the appeal against such board, commission, agency, or authority. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. (6) All persons subject to subsection (1) are prohibited from holding meetings at any facility or location which discriminates on the basis of sex, age, race, creed, color, origin, or economic status or which operates in such a manner as to unreasonably restrict public access to such a facility. (7) Whenever any member of any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision is charged with a violation of this section and is subsequently acquitted, the board or commission is authorized to reimburse said member for any portion of his or her reasonable attorney's fees. (8) Notwithstanding the provisions of subsection (1), any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision, and [he chief administrative or executive officer of the governmental entity, may meet in private with the entitys attorney to discuss pending litigation to which the entity is presently a party before a court or administrative agency, provided that the following conditions are met: (a) The entity's attorney shall advise the entity at a public meeting that he or she desires advice concerning the litigation. (b)• The subject matter of the meeting shall be confined to settlement negotiations or strategy sessions related to litigation expenditures. (c) The entire session shall be recorded by a certified court reporter. The reporter shall record the times of commencement and termination of the session, all discussion and proceedings, the names of all persons present at any time, and the names of all persons speaking. No portion of the session shall be off the record. The court reporters notes shall be fully transcribed and filed with the entity's clerk within a reasonable time after the meeting. (d) The entity shall give reasonable public notice of the time and date of the attorney-client session and the names of persons who will be attending the session. The session shall commence at an open meeting at which the persons chairing the meeting shall announce the commencement and estimated length of the attorney-client session and the names of the persons attending. At the conclusion of the attorney-client session, the meeting shall be reopened, and the person chairing the meeting shall announce the termination of the session. (e) The transcript shall be made part of the public record upon conclusion of the litigation. History.--s. 1, ch. 67.356; s. 159, ch. 71-136; s. 1, ch. 78-365; s. 6, ch. 85-301; s. 33, ch. 91-224; s. 1, ch. 93.232; s. 210, ch. 95-148; s. 1, ch. 95.353. Copyright m 1995-2007 The Florida Legislature • Pfivacy Statement • ContactJls http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Seazch_Strin... 11 /15/2007 Dom' I MEMORANDUM TO: Mayor and City Commissioners FROM: Susan A. Ruby, City Attorney DATE: November 15, 2007 SUBJECT: AGENDA ITEM ~ -REGULAR COMMISSION MEETING OF NOVEMBER 20 2007 SETTLEMENT OFFER IN LANAGAN V. CITY ET AL. CASE ITEM BEFORE COMMISSION The Plaintiff in the case of William Lanagan v. City of Delray Beach, et al. has offered to settle this case for $100,000.00, inclusive of attorney's fees and costs. BACKGROUND Plaintiff alleges that Defendant Linda Marks fraudulently obtained funds from the Plaintiff for psychic services provided to the Plaintiff and that the City failed to arrest the Marks, failed to obtain restitution, and failed to shut down the Marks' business. RECOMMENDATION The City Attorney's Office recommends denial of this settlement offer. cf.~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER DATE: NOVEMBER 16, 200n7 SUBJECT: AGENDA ITEM #'I • ~ - APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY ITEM BEFORE COMMISSION This item is before the Commission for appointment to the Downtown Development Authority. BACKGROUND Mr. Rich McGloin submitted his resignation from the Downtown Development Authority on October 3, 2007. The resignation letter is attached for your review. This creates a vacancy for one (1) regular member to serve an unexpired term ending July 1, 2008. To qualify for appointment, a prospective member must reside in or have his or her principal place of business in the Ciry, and shall not be serving as a Ciry officer or employee. There is a requirement that at least foot of the members must be owners of real estate within the downtown area, a lessee thereof required by the lease to pay taxes thereon, or a director, officer ox managing agent of an owner ox of a lessee thereof so required to pay taxes thereon. Currently serving on the Downtown Development Authority and meeting ownership and tax payment quahfications are Mx. Louis Carbone, Mr. Herman Stevens, Mx. Fran Marincola and Mx. David Beale. 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 Mr. Kenneth Kaltman. Based on the rotation system, the appointment will be made by Cotntnissioner Eliopoulos (Seat #1) for one (1) regular member to serve an unexpired term ending July 1, 2008. RECOMMENDATION Recommend appointment of one (1) regular member to the Downtown Development Authority to serve an unexpired term ending July 1, 2008. DOWNTOWN DEVELOPMENT AUTHORITY EXHIBIT ~A" Shannon Dawson Mazk Denklex (currently serving on the Parking Management Advisory Board) Maura Dersh-Wissekerke Jane Fields Diane Franco John Hart James Houck Kenneth Kaltman (currently serving on the Nuisance Abatement Boazd) Pearl Markfield Elrod Eileen Marks (currently serving on the Nuisance Abatement Board) Kenneth Peltzie Thomas Stanley DOWNTOWN DEVELOPMENT AUTHORITY (DDA) 64 SE 5t" Avenue Delray Beach, FL 33483 10/07 TERM REGULAR MEMBERS EXPIRES 07/01/2008 David Beale *Tax qualification Unexp App[03/01/05 Rea t06/21/05 07/01/2008 Louis J. Carbone, Chair *Tax qualification Unexp Appt 3/6/01 Reappt 06/18/02 Rea t0G/21/05 07/01/2009 Fxan Marincola, Vice Chair *Tax qualification Appt OG/20/OG 07/01/2008 Unexp Appt Vacant 07/01/2009 David Cook Unexp Appt 05/15/07 07/01/2008 Nancy Stewart Unexp Appt 07/lt/OG 07/01 /2010 Herman Stevens, Board Secretary *Tax qualification Appt OG/22/04 Reap 106/19/07 Contact person: Selma Kleinman 279-1380 X-15 Fax 278-0555 Membership increased to 7 members on 07/01 /99 S/City Clerk/Board 07/DDA ' Commission Liaison: Mayor Rita Ellis uct ua uv ua:16p ~~ ~ . ~~c ~ e~~ If1~3f`I Richard McGloin 441 S.E. 2nd Street Delray Beach, FI. 33483 561 715 - 4193 Louis Carbone Downtown Development Authority 64-A S.E. 5`~ Avenue Delray Beach, FL. 33483 September 29, ?007 5612780555 p.2 i~ ~,~,i~~ C ~ ~l Louis, this letter is my resin ation as board member and treasure of the Delray Seach DDA effective the above date. UtLKHY Bt;H C:HHMBtK Rich McGloin DELRAY BEACH ,'If~~ 7993 2001 CITY OF DELRAY BEACH BOARD APPLICATION Please a or riot the folio ~ information: ,~~ 4G~1 F/L~ c,~,yc ~IOO~ o <F9~ ~~~/C`J 1. Last Name: Name M. I. 2. Home Address: 01 SE "l EtJcnuc. Ci~t ~~~ State Zip bode :.$I~Qj3 3. Legal Residence: X21 N. St~,,n-br-t ~FVer+~ City p'elm.~ ~ State ~ Zip Code 33`W~ 4. Prinapal Business Address: City State Zip Code 5. Il~me Phone• tee. allsb] girl-2'7~-592 Business Phone: g5~1-'l~-0135 E-Mail Address: 9~ar~.orlpau~a,~ C.cmcr~.sl:nc-t- Cell Phone: 9yd-7~J^o 13S Fax: 5cot-52to-1o107 6. Axe you a registered voter? T~ If so, where~e~~ou re ~ ter~ed~.~~ _ nr<ttKt 7. What Boazd(s) aze you interested in serving? Please list in order of preference: - ~ ZOn OQ./d H'iSfio+M1C I~reServa-4iott ~oo~.rd, '~cuxl.'bW~l. Lam. ~e.loPrw,nt slvx- ort'F~ List all City Boazds on which you aze currently serving or have previously served: (Please include dates) 9. Educational qualifications: c n Sc'ity, re i ; 10. List any related professional certifications and licenses which you hold ES~ctkc. 11. Give your present, or most recent employer, and position: ~ ~ enc 'R E ovot,cr ~ ~~ R9h' nCt~i«S = Este lusrlc 1'ioPr~-1.es arli'~ er1'~' 12. Desuibe experiences, skills or knowledge which qualify you to serve on this boazd: (Please attach a brief resume) ~ v~L2 I hereby certify that all the above statements aze tme, and I agree and understand that any misstatement of material facts co in this appli n may cause forfeiture upon my part of any appointment I may receive. S~zo~m'7 ,NATURE 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 applicant's responsibility to ensure that a cuaent application is on file. SK'PIYC! ERK\BOARDUVPLR:ATIQN Shannon Dawson Residence: 450 N. Switttoa Avenue, Delray Beach Business: 1730 S. Federal Highway #311, Delray Beach ShannonDawson@Comcastnet Ph. (954) 729-0135 Fax (561) 526-1067 Summary of -__ I.tcensed Reahor Quali&Cations: Continuous research of kxal, state wide, and national real estate market treads. Helping clients achieve their real estate investment goals & objectives based on budge; time(iame, }ifestyle, financial goals and investment portfolio. . Studying vavous aspects of real estate law on a continual basis. Extensive eaperience handling client negotiations and assisting clients with real estate transactions. Assisting out-of--state clients wilt the purchase and a+?~agp~+eat of vacation properries throughout Pahn Beach County. SkiDed at leamiog new concepts quickly, working well under pressure, and communicating ideas effectively. . Extensive computer trai^'~, iatemet researrL and marketing. _ ..._ Enthusiastic Delray Beach resident with strong community spitid ___ _. Rent Eepte Saks Associate 2004 Licenses: Srare otF7orida, Departmext of BxrixerJ axd Projarioxat Aegatatiox. Certifications: Resort and Second Home Mazket Specialist ~~ tF'REC /Florida Rea! Estate Commirriox Education B.S. Degree in Biology ~ 2001 Florida Adaatic Uatversi[y, Boca Ratox, FL Graduated Magna cum laude with 3.7 G.PA Florida Adaatic University Medical Scholazs Program University olMrami School otMedicine, Completed one semerter of Medics! Scboo! ar as Uxdergroduak via Satetlrte. Career History & Accomplishments Real Estate Investmrnt Specialis; Exit Team Realty. • 2004 "Rookie of the Year" Award- Achieved over (10,000,000.00 in real estate sales in first pear `Top Sales Associate° Award- 2005 First Quarter (out of 400 associates) • 2005 Florida "Rising Star" Award for outstanding performance and career potential (out of 10,000+ assoaates) Vacation Property and Management Specialis; R.egenry Real Estate Services • Assisting our-of-state clients wide the purchase of vacation properties in Palm Beach Countp • Marketing and management of exclusive vacanon~roperties Memberships & Affiliations National Assoclatioa of Realrors Florida Association of Realtors • Realtor Assoaation of Greater Fort Lauderdale Realtor Association of the Palm Beaches 2001 2004-2006 2006 2007 DELRAY BEACH 1 ~~`I® 1993 2001 /~/d/ CITY OF DELRAY BEACH ~~~~~~~~ BOARD MEMBER APPLICATIONN DEC 0 1 2005 Please type or print the following information: 1. Last Name: (~ ~n ` ~ Name A^ ~~ '"' M. I~ 2. HomeAddress~ ~W !~ Sr 2° ! ~~ St~L Zi Code 3 '1Y 3. Legal Residence: SCE,-~ e City State Zip Code 4. Principal Business Address: 3~s ~ ~t~~~~~ ~„~ City a~ ~~. State ~- Zip Code ~~~ 5. Home Phone: z~bs,'~7~fs Business Phone: 27b-~SZ~ E-Mail Address: Cell Phone: Fax: 6. Are you a registered voter? If so, where aze you registered? Y ~~ 7. What Boazd(s) aze you interested in serving? Please list in order of preference: C 2 ~~,-~.,, ~.. r R. List all City oazds on which you e currently sere' or have previous y served: (Please include dates) 9. ~ rational qualifications: .n ` t.fLl 10. List any related professional certifications and licenses which you hold: 11. Give your present, or most recent employe/r~ and position: cc ~ t ~n ~ n e~ 12 Desaibe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) v~1r ~ ~~U' ~ an~rg, ~ ~ (r ti!` TI/~ OSI L !~ 1~1Ur1 ~~ W'+(X Dt,'~D V5',nCSS VWi1PS SD .1 NI*~ fJ~ t~ r~ I hereby certify that all the above statements are true, and I agree and understand t any missta ement of material fia is con ed in application may cause forfeiture upon my part of any appointment I may receive. Ib~IL'0~ .GNATIJRE DATE S Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. MARK DENKLER 320 N.W. 9~ STREET DELRAY BEACH, FL 33444 EMPLOYMENT Canning Shoes, Inc. -President and owner of Vince Canning Shoes at 335 E. Atlantic Ave. since 1994. Third generation operator of retail shoe store started by my grandfather in 1952. Fuji Bank, Houston Agency -Vice President and Assistant Manager of the Corporate Finance Department. Responsible for new loans totaling over $1 Billion as well as managing a total loan portfolio of over $2.1 Billion. Fuji Bank, Houston Agency -Assistant Manager of the Credit Control Division. Supervised Credit Analysts in their preparation of credit reviews of the corporate clients. First City Bank of Houston -Lending Officer in the Corporate Lending Department. Lending officer concentrating on loans and cash management services for national corporate clients of the largest bank in Houston. First City Bancorportation -Audit Supervisor in the Audit Department. Prepared audits of the operations of the bank as well as loan documentation of the Lending Departments. COMMUNITY ACTIVITIES National Shoe Retailers Association -Director since 2003. Chairman of the Informational Resources Committee and member of the Finance Committee as well as advisor to the formation of the Independent Footwear Buyers Alliance. Rotary Club of Delray Beach -Board Director since 1996 and President 20Q3-2004 First Presbyterian Church of Boca Raton -Elder 2000-2003. Member of the Finance Committee since 1999 and Chairman 2001-2003. Delray Merchant's and Business Association -Board Director from 1995-2004. Chairman 2000-2002. Delray Beach Chamber of Commerce -Ambassador from 1994 to 1998. Finalist for Small Businessman of the Year in 2001 City of Delray Beach - Member of Visions 2005 Committee and Member of two Commissioner's Visionary workshops Leadership Delray Beach -Graduate of Class of 2000 EDUCATION University of Texas at Austin, BBA -Finance DEIRnY 6EACH All-America City 1~ ~I'~I 1993 2001 CITY OE BOARD ME Pl~~ecP r...,.+ nr ,xinr rhr fnilnwinn infnnnation: Post-it° Fax Note M,~--rr ~Uv Phul R:O A`( Fay # ~ _ -~Y ~E ~~~~~ 1. Last Name: dERSFI-wI SSF..I:ERKE Name Mdur3 Di. L - .7 ._.• ~. Hoc Adc~r~ss: -_ SG t ~ Ave Apt qll Cit(yy D'aliay Beach Stacc FL 71p lode -37453 ~. J..egal Rcsidrncc: Same City Slate 7,ip Cods 4. Principal Husuless Address: Gallo Architects & Development Company 1311 Newport Center Dr, W City Dzzrfield Beach State F1 Zip Code 331Q2 5. Hoale Phone: 561-27@. A999 Tfusincss Phoni: -954.794.0300 L-Mail Address: Maurajw@aol.com Cdl Phone: 954.461.6523 Yax: 954.794.0301 C. Date of E3irth 2 April 60 7. Arc you a registered voter? if so, where arc you rcgurered? yes 8. VG9tae Boacd(s) arc you interested in scrvinC.' please list. in order of preference: Planning fi Znuing, Downtown Development Authority construction bd of APDeals T.ist all Ciry- Boards ou wlvch you arc currently eervinhr nr have previously saved: (Plcuc include daces) Mretoric Preserver on Boar -2006 I0. F<iucational qualifications: Bac o aer of Arch~.tecture 11. l..isc any related profcssion:d certifications and licenses which you hold: - 12. Give our present, nr most recent employer, and position: ~allo Architects 4 Development comp, 1311 Newport Cenczr DR Dee>=field Bench Project Manager 13. Descnhr. experiences, skills or knowled};c which qualify you rn serer on dvs board: (Please attach a brief restmie) I have been in aepecta of Architzccure for over 20yra. I have lived attd or worke8 in Delray site & zoning codes I hereby ccmfy that all the above statements arc trot, and I agree and understand rhat any misstatement of material facts conrained in this appliy:;tti n may use forfeiture upon my part of any appoinnncnt 1 may receive. 1 ~ 2 (! , t~Lf-i ~ a 7 1 L -, r-' SIGNATURE `j ~ "- ~- UAIY No[e: This application will remain on file in dle City Clerk's Office for a period of 2 years from the date is was subnlitced. le will be the applicants responsibiliry [o ensure rhat a nurcnt application is nn hlc. DELRAYBEACH R~GE~~E~. ~~ CITY OF DELRAY BEACH MpVV 1 ~ 2007 I' I ~' BOARD MEMBER APPLICATION~~S`( ~~~RK 1993 2001 ~/O~~ PIP~~P r.mr nr nrinr the fnllnwinv information: 1. Last Name: ~, Nam M. I. 2. Home Address: ~ Sta~ Zi ~ odes ) 3. Legal idence: City State Zip Code 4. Pnnci al Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: ~ Cell Phone: ~ 40 Fax: 2y3~08 s7 l (p1-243-2aS~j 2co5~, ~Foo.c~ tlcls 0 7522 ~ - v 6. Date of Buth 7. Are you a registered voter. If so, where axe you registered? to .q • fog{- Y~-s ~e~ir "aea~, ~L 8. What Board s) are you interested in sexy ? Ple se li t in order of preference: 9. List all City Boards on which you axe currently serving or have previously served: (Please include dates) 10. Educational qualifications: 1 /.G ~Ltb - 5 dl Nt1V / S A-Iso I + wavd s a,A d ree in. b~s.",•ess . il. List an fated profes Tonal certifications and G enses which you hold: GwtOf tI.q eenuw (! a+l- cJKQ~ cst'/o,~' Ftl~j, wVOF (3ostan, MA ,and Turnev Oukfuov hdJC%hs (+44~at~u, fjA : W , owners, nw nq txec S, a,„ v s, uts ev o~0i ' ' w,o~rt , tnc e. n r w ns des 12. ive your p went, or most recent employer, and position: (,p-p1nq,(/ (,I,n, .S~.pO~ l,(,tyftyldYi~fa'S~ P Ste ~ ~ ~ _ V•P, ~~ PTA o..i- N~rosl.;n-a 2'w~ttrka.-4-+ma-2 Gkoo 1, TG, aw. ~ MewJawshi co ~ile~ CNew ~0 0/a /~J wl ' it z u n 13. Describe experiences, skills or knowledge which qualify ou to ecve on this boa ease attach a brief e~sume) M J y " R.t ~ QS A t tt,'4 r V ap ties. Z+. a-dcG-I:v,1, w volwNFeer work„ shows Z 1~•~ a s ~ s~ r"n~ of i~ . Ce ^ be sKCC u ;~ I`~ ftS Er, rai et,`~,r~ v,/~+reL( ~ fix - a I hereby certify th t all the above statements are true, and gree and understand that a misstatemen f material Eac s co iged in this a licadon q ay cause forfeiture upon my part of any appointment I may receive. (~r J ` ` 5- 7 - O-7 * p~ SIG RE DATE Notf: This application wtll remain on the m the l,tty Uerk's vtnce for a penoa of ~ years uom me uarc n was subrrutted. It will be the apphcant's cesponsibility to ensure that a current application is on Eile. ~- ;,h ,?,l„h.,,l.l:,: 2 . ~ ~. ~.. rn~r, of ~f9te a.~d. " V.i ceYr" p~' ~ SbtinpQ, .. . rspeculmme News) Host Leslie Geller, shown Ielt, with chairs Michelle Kelman and Jane Fields of the recent annual Auction Underwriters' Party. Parents salsa,. samba to raise $40,000 momsrno-rxeeorcrs eighth graders. The Salsa, Samba, Tango and Undetwritets' Party Co-chairs more are not on your average - Michelle Kelman of Borg Raton workday schedule. and Jane Fields of Delray Beach But then, Unity School parents were thrilled with the outcome. are not your average parents. And 'Too couldn't have asked for a so, parents were nominated and better timeorabetter groupofpar- voted upon to become the "Dane- ents;' said Kelman. She and lter ing with the Uniry Stars" winners, husband Dc Chad Kelman have to serve as heel kickin' entertain- two sons and a daughter at Unity i ment at a recent annual Auction School: Lucas, Benjamin andAl- Undervrtrters'Party. ~ Once%~evotes wvre tallied, the:- exa Uniry School HeadmistresMa- ~: wr r~3g, dancers were:. Dc Jacqui d ria Barber resounded how tfte fes- - ~s" -Maloney of Defray Beach, M live event enabled more than 150 , Winston S(iuttoEgora Aacna„41ma devoted and loyal Unity'School Frankel of Hlgh(and Beach, and parents to enjoy themselves fully '. Unity third-grade teacher Melissa while supporting the school's vror- Urquharl thy pose. These aictors spent hours prac- "We have the Bnest parents and ticingwitlipmfessioiraldancersfor supporters who alm know how to wreks to perfect the routines, then . hate a great Gme. The tellers re- perfoimed live during the Under- ally throw a (antas[ic party,;' said writers Party at the home of Leslie barber, who has served as head of i and Paul Geller the preparatory school forrnore in the end, the high steppin' Ulan 22 years. "The end result winners and the generosity of the is our students will benefit From tellers helped to raise $40,1100 to the generosity and supppn~fmm berteGtUtes[udents of Unity School ~rd our. ndervmter's.Parry the U FundsfroartheeeezrttShelp support i _ s upcoming Annual Auchon." ~7`kre"' the student body, includingits aza- auUionis set for March2k,clraired demics, the arts, band and music, by Janet Goldman of Delray Beach and athleticprograms. Fields added, "Many voluntcers ''. hr addition m the dance contest, and staff members contributed to aliveauc0onwasheldbofferdass making thisnightatmlysuceess- pmjcxtshand-rsahedwith loveand. fugfundraiser. Many parents ~do-,-+ care 6y the 400 students. Vener- nared~thev tune and goods~to help ,r' able Auctioneer Neil Saffer. tamed m~ke:thezventabrgsuags" ~~ the auction rnto enlertainmen4 as Unity School hassenredstuden¢~ . pamatis: acquired a host of pieces aged 2 Uarough Eighll'Grajfe from'"?'. including hand-painted bongo DelrayBeach, Boynton Beach Boca -" dmnrs, an ornate fountain, and Raton, Palm Beach, Mari~alapan a mloduf photo-adapted amvork and surrounding communities for that included the fikences of all 42 years. Il offers aWee-Wisdom.=. Monta'sori Pnschool and nzdi- tional/progressis~ Elementary aqd Middle Schools. Wee-Wisdom Mon- tessori, the Florida Kindergarten Council and-the Florida Council of IndependEntSchools sanction it DELRAY BEACH ~ a~ r~ c-3 CITY OF DELRAY BEACH ~~~'^x, f ~ ~ i® BOARD MEMBER APPLICATION ~pR 1 ~ 2006 ~.~~°`~. zooi '~,~,t~~~ /(I'ry~'~ Ala.,., rm.n ~.. nnr,r rhP Fnllnivino infnrmatinn: 1 I / ~~~ 1. Last Name: _ - P rj ~ ~ O ~)A7 Name ~ /~ ~ / I 2. Home Address: City State Zip Code 3. Legal Residence: City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail ddress: Cell Phone: Fax: 6. Are you a registered voter? If so, here are^you registered? ~S /~OvG PiQtC /NCT -FMMA~1/[~EL CAT/~jLiG 7. What Boazd(s) aze you interested in serving? Please list in order of preference: i R CiVi< E /CE ~vGVN ~/~Lo n~/ u~~V~~P" 8. List all City Boards on which you are currently serving or have previously served: (Please include dates) ~' ~N-LZS' OF ~cL121~ - l/iNcE' LC Cf~l~'i/Z- 9. Educational qualifications: iGN Sc ooi. G.4A.r~~ - ~os"~ J~ uh`%sr STuoiES : TiPANS Guz~~e/.a /4i Li NC sC/•DOL ,v. ~N N:PA OOPS ~.~ /VG izl~ L /YIAasN.' ~/oo~ 10. List any related professional certifications and licenses which you hold: A, l I. Give your present, or most recent employer, and position: rig 0 6~Ro t T r' L A G 12 Describe experiences, skills or knowledge which qualify you to serve on this boazd: (Please attach a brief resume) 'C f9 fI ~a7 I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts co ed in this application may cause forfeiture upon my part of any appointm/en~t I may recneive. ~~ _ </l_/ ~C7C7 SIGNATURE llA ref: ~~G~ Note: Phis application will remain on file in the City Clesk'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. y^C,n V pkaR~aoAanupeLlcAnoN DIANE FRANCO # 12. In addition to raising and supporting my two sons as a widow in South Florida during the 1980's and 1990 selling advertising for a local Delray weekly newspaper, I had the opportunity to be employed in several positions that honed my interpersonal sales skills. Duting the past 5 years I have concentrated my efforts both as an investor in both the financial markets as well as the local real estate mazket, acquiring, developing and presently manage several residential and commercial projects in the City of Delray Beach. F H'I 119 F H.n; 111_1. `•Ut,t,.5i_, ~yY ( 1 Ltr i. U _t~l1f~ ~~`_.: ~ 7bF'I'1 F'= DEIRAY fiFACH _ .. - `/ ~-l /~ `/Ei'/,/ J1// M-Anlarita ,' ' CITY OF DELRAY BEAGH G~rrVED I I ~ BOARD MEMBER APPLICAT~` 1 ~ Z006 1993 '~~ C~~ 200'1 Please cot tint the followin information: ~!`~y G`~ 1. hst Nate: ~ '" Nanic ~ ~ / M 1 / 2. Home Address: ~ Gty State 7t Codc ~. l:cpal. Residence: - - _ ~--N"~_ City Sr_~re Zip Giik. 4. Principall;usiness Addrus: City Sr.+.te Zip Cudr --~. . S. Home Phone: Nusinecs Phone: F-Mail Address: Cell Phonc_ Fax: <~~".a:~~'-0 v -2_girZ `I~,ha.~- SGT-.'3y._3~35 .3as"~,s_3t~~-y_~ (i. Are you a rcgis 7. C~/hat Boatel(s) arc toter? if so, where ate y u re tere ! , ---_..._ interested in servinPI Ylrace list in naier of prcfet~nca ... t;- List all City Boards on wliidi you are urrcznrly szcviuR, .!t have. previously served: (Please include. dates f/lsl--LCL'~s(P/(!~ --~.(f l~f/~l~G, L~ZL( ~j. SI-G~':4'ii~ ~.~1 1.0. List any related professional cerliEications and licenses which you holed: _ _ ~tCQ_. ~.S L °r_r~. 11. C.>~ your [?resent, or most recent 7"ftvr't,C!_- GAL- L--G-~ 12. Desctii?c ucpcaicnces, shills or knowledge which yuali(y you u> serve oa ekus 1?card: (Please attach a brief resume) ~3:> I Ibe sbovc statements arc. trUC, a.>dI agrzz and uudec6ra.od thaeany tnisstalrmcnt. n(maczrial arirnt may cause forfeiRUC. upon my pact of a»y a.ppoinuneul I titay receive~ DATP. Note: 'Phis application will remtitt on file in the (=:iry Clerk's Office for a petiocl of 2 years from the. elate it. was auhmietcd_ It wiU-be the applicaui s resPonsihility to ensuie that a current application is on file- S&"SiY(].Nr RAr(M OTnrrLL<iV 10N' NOV-14-03 11:56AM FROM-MARKS CORPORATE OFFICE 5613958920 T-769 P.03/03 F-725 JOHN N. HART 220 NW 12t° St., Delray Bench, FL. 33444 Phone-561-278-0304 E-mail thehartfant ®aolcom SUMMARY To follow a career path in the hospitality industry that continually poses challenges that require me to utilize all of my oxpertise to solve problems, maintain operations] control and maximise the bottom line. PROFESSIONAL EXPERIENCE December 98-pres. Genera! Manager/Director ojOperations/ChiefOperaiing Officer, Mark's Resiaaranb- Florida I was recruited from NYC in `9S to spearhead a $2.5 million dollar restaurant renovation and expansion project for James Beard Award Winning Chef Mark Militalto in Miner Park, Boca Raton. Primary responsibilities inchtded working with architects, designers and contractors. Creating and implementing all FOH and SOH operational and training guidelines hiring, overseeing all purchasing, negotiating in house contractual agreements, maintaining costs and analyzing monthly P&L's. In February of 2000 I was appointed to Director of FOH Operations. My first project was opening the South Beach location on Miami Beach. The following fall I was offered the City Place project in West Palm Heach and made an equity partner. In April of 2001 I was promoted to my current position of Chief Operating Officer. My primary responsibilities have included liaison to the partners, overseeing all FOH and BOH operations, handling day to day business matters including creating and meeting budget guidelines in conjunction with the accounting team and insuring overall quality and consistency for the four locations. December 97-December 98 Cenera/Manager, Remi Rrsiauranr-NYC My position brought the full circle as an operator of a multi faceted, $12 million dollar a year restaurant operation that provided me the opportunity to work with renowned Chef Francesco Antonucci and international restaurant designer Adam D. Tihany in a high profile mid-town Manhattan eatery. Responsibilities included refinement and supervision of all FOH operations, overseeing the catering/bsnquet services and a 32 million dollar a year "to go" operation. September 93-December 97 Beverage Director/Assistant Manager, Darre! & p(Ivei s Eas! Ciry Gri!! F~ Lattdrrdaie Designed the bar from Ora-construction and operated the beverage departttrent for one of fit. Lauderdale's top restaurants. My department in its first yoar generated AO% of the Boss revenue for the restaurant. Created and maintained an award winning wine list and specialty drink menu. Organized, marketed and axaeuted a series of successful wine dinners. Directly responsible for all beverage purchasing, inventotyes and controls. Lectured staff weekly on wine and spirits. Interned as kitchen roundsmen in summer of `96. August 94-September 95 Assistant BeverageManage~,Mark'sRestauranr_F't Lauderdale ResponsibiGtias included weekly wine and spirits Purchasing, inventory, scheduling, cost controls and daily bar operations at one of Ft Lauderdale's most prestigious restaurant,. CONSULTING PROJECTS " On site residentisl, hotel and restaurant work that primarily focused on troublashootitug cost centers, functional design layouts and menu development. iDetails provided upon request EDUCATION Baehalor of Arts, Political SciencaUniversity of California, Santa Barbara-graduated with honors 1992 Guild of Sommeliers-Certificate Course-1997 *Additional prior experience, special Interests and references provided upon request. DELRAY BEACH _ 'J~I7 ~Q rT I I'® CITY OF DELRAY BEACH ' ~-'- BOARD MEMBER APPLICATI1~12 ? ?006 1993 s -(~-s, ; ~ ~`'= ~ :r~' 2001 ~ Please type ox print the EollowinQ information: 1. Last Name: ~ ~ ~ Name C~ M I. 2. Home Address: S L ,a0~ City ~ Staff ~ Zip de 3. Legal Residence: ~ ~ ~ City State Zip Code 4. Principal Business Address: Ciry State Zip Code 5. Home Phone: 5 t- ~-.~6~~ Business Phone: E- Addtes • ..~~ ots~.~1 ~? ~t-I~o~~s~ Cell Phone: Fait G. Are you a registered voter? l ~ If so, w~rere aze you tegist~eted~ ~ ~ ~ K - 7. Whams o~ d(s)~ a you inte~ed is sewing? P ease in ozdez of pzef euce: ~ J ~ ~ ~ ~ ~ _ .1~ / ~ ~~ ~~ P/~1 ~{~'r' ~ Rst ~ ZD ~ 0~'2 8. list allCty Boars on which you aze currently sewing oz have previously served (Please include dates) 8 9. Educational qualifications: \~ ~ ~ ~ ~ ~ I Y ^v t A 15 S O~ 10. List any related professional certifications and licenses which you hold: ~Q ~o Ia7~U ~4a ~~ ~-r~ S~-l~ 11. Give your present, or most recent etnployer, and position. 12 Describe expeuences, skills or knowledge which uglify you to sewe on this boazd: I e attach a brie esume) c~c , ~-. c.~. ~~Q v I hereby cet ~ e a o statements aze true, and I agzee and undezstand that any misstatement of material facts contain m this appli n cause fotfeituze upon my part of any appointment I may receive. ~,~1 ~D ~o __ :NATTTR - ne-rc i Note: This application will re**~ain on file in the City Clerk's Office for a period of 2 yeazs from the date it was /~ ) submitted.//I/t will-be the applicant's responsibility to ensure that a current applicaton is on file. / `- /v ~ ~ ~e/ ~~ - sktncun~eonsrnneeucwnaN i..n / ZI - RPR-25-2007 05:06F' FROM: TIM+D JAMES HOUCK ST. CHARLES MFG. CO. SE,I8E52E3F. PROFESSIONAL HISTORY EMAIL - jdhouck5l@yahoo.com 2 of 2 PHONE/FAX (561) 865-2636 1985 - 1987 SCHNEIDER COMMERCIAL REAL STATE Los Angeles, CA Commercial Real Estate Agent -Worked with developers, property owners and tenants & negotiated more than $2,500,000 in Retail, Industrial and Office Leases and Land and Building sales. 1975 - 1985 1974 - 1975 1985 -Present F'. 3 Page 2 of 2 St. Charles, IL A national and international (high end) residential, laboratory, school, institutional (steel & mica & wood) cabinet manufacturing company. Western Regional Manger Eastern Regional Manager National Operations Manager Sales Engineer/Draftsman/Estimator KIMBROGH ARCHITECTURE A.I.A. Designer & Draftsman & Field Inspector LICENSES & DESIGNATIONS & MEMBERSHIPS Mortgage Broker License Commercial Property Management Community Association Manager License Real Estate Broker License Real Estate Broker License CITY GOVERNMENT Los Angeles, CA Ft. Lauderdale, FL St. Charles, IL St. Charles, IL St. Petersburg, FL MB-0635725 - FL. IREM-159693 CAM - 5414 - FL. BK-500323 - FL. BK (Expired) CA. 2004 -Present Board Construction Appeals (Vice- Chairman Delray Beach, FL EDUCATION 1969 - 2007 CONTINUING EDUCATION CLASSES Real Estate Broker & Community Association Manager & Mortgage Broker 1984 -1986 UNIVERSITY OF CALIFORNIA Los Angeles, CA. Property Management, Marketing, Finance & Appraisal & Business 1969 -1974 UNIVERSITY OF ARIZONA Tucson, AZ Bachelor of Architecture T0: 29?3779 APR-25-2©C~7 Gt9: p5F' FROM: JIM+C. EMAIL - jdhouck5l@yahoo.com 56186~c6'6 JAMES HOUCK PROFESSIONAL HISTORY 1 of 2 An experienced Manager with an interrelated background in Architecture (5 years) (Buildin Design & Site Plannino); Computer Proficiency (20 years) Excel, Word; Sales, Construction (5 years); Corporate Business -Management, Sales, Marketing); Property Management (17 years) Commercial & Single &Multi-Family; Real Estate Broker -Licensed (22 years) with 5 years of Commercial Leasing, Sales, Marketing that will be of value to you. PHONE/FAX - (561) 865-2636 PROFESSIONAL HISTORY 1992 - 2006 LANG MANAGEMENT COMPANY T0:~43~'i4 Boca Raton, FL On-site managed a 46D unit condominium property with nine (9) five (5) story buildings, two (2) swimming pools, 8 tennis courts and a clubhouse. Managed a portfolio of up to 16 high end community associations, collectively consisting of 649 individual homes and 345 two (Z) and three (3) story condominiums totaling 994 units & responsible for creating, implementing and overseeing the annual budgets of expenses over $4,000,000 collectively. Professionally managed the following contracts of accountants, architects, attorneys, carpenters, developers, electricians, elevators, engineers, general contractors, insurance companies, irrigation specialists, landscapers, painters, plumbers, roadways, roofers, and other contractors, vendors and agencies. Successfully negotiated and monitored the completion of five (5) developer turnover settlements, (4) asphalt roadway overlay's and nine (9) roadway sealcote projects, (8) painting and (5) Flat and sloped roof replacement projects. Collectively directed the operati~r~~ of up to 15 properties collectively and consisting of more than 1,000 housing units. Successfully negotiated and monitored the completion of four (4) developer turnovers. 1989 - 1992 BENCHMARK PROPERTY MANAGEMENT Coral Springs, FL Consistently directed the operations of up to 15 properties, collectively consisting of more than 1,000 two-story and mid-rise condominium units and individual homes. Responsible for overseeing the annual budget expenses of over $3,500,000 collectively. 1987 - 1989 CONDOR PLACE Boca Raton, FL P.2 Director of Property Management & Leasing. Directed all the "on-site" property management, sales and leasing efforts fora 40 bay 95,000 square Foot Office/Warehouse building. Fk~'rbl (hl!ifJ?Afk '_ ^OUi 11:45,/:T. 11 :1f/P1~~. Er~a~r.giia f _ Ui-:J%u7 Eluf+ UY:U6 t`e>_S 561 Z4 SJ 774 CII]" CLERfi X004 DELRnv BEaC1i REGFlVED ~' ' ~ CITY OF DELRAY BEAGH RR~~ 33 2~~7 (I ~ BOARD MEMBER APPLICA'~ION C `! 1993 ~iITY '/LE~I~ 200"1 Please - 1/~a3 °~ type orprinc the followrnR informarion: _ . .. 1. c ame: ~~~"T~~rJ Name 1NF T M~„ r . 1 2. Home Address- 1 ZZ ~ ~A N S~l~.t_C~ Giry State .e u ~RIjc.1~ ~ L- Zi Co ~3 3. Legal Residence: City $rau Zip Code S ~}~ -~ 4. Prinapal Buuiness Address: _ _ City State Zip Code 3SS -.~C Srh t~t,.~ ~~r~- ~~ ~ 333 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax ~6t-87o-v8 s (330~~4 tt-ca - r~c~~t•INe or'>~Pl4 SS ,f6~-33a"Td y 6. Dau o $irch 7. Are you a regsstered voter? If so, where ace you cegis[ered? z~ 1~`r5 >,o S. What d(s) arc you iaterc7~ rnd i serving? Please liec is oc,~~^-r of preference: w n~'{'ow nl ~~~p ct~Art~ 9. List GtyBoards on dhi<h a servin hav eviovs er-ved: least ineludc daces 10_ .E ~fa~non. ~ icuonr: 11. list any refired professional cerrificatinns and licenses which you hold: 12. Give your present, or most recent employer, and posinorc C~ 13 experience, skilli or knowledge dhich qualif}•you ro serve oa t6is oard (Plcue attach a bncf resume) L.a I ere y u the ab svtemencs are true, and I agree and understand dsar any misstaremznr of mateml firs ~ ^o li ~ n maycatue forfeinue upon mypart of anyappoincment I vrecetve. ~ / ~ ~ SIG DATE Nou: This application will remain on ftle in the City Cleriti's Office for a period of 2 years from rlre date it was /-t9b-L19194 I b : i 3P.M r KUM IVI.J bb I 3349 / b4t1 Kenneth T. Kaltman National Compliance Services 355 NE Sa' Avenue Delray Beach, FL 33483 1994- present - National Compliance Services -Manager and Field Auditor 1982-1994 - National Regulatory Services -Sales and Compliance 197R-1982 - The Securities Group -Senior Partner/ Trading and Compliance 1965- 1978 - Lehman Brothers -Senior Vice President. Trading -established London and Tokyo office for Lehman 1961-1965 - New York Institute of Finance/University of Tampa 1". J NASD Exams - Series 63, Series 7, Series 24 DELRAY BEACH '~~~~~ 1993 zoos 1. Last CITY OF pELRAY BEACH RECEIVED BOARD MEMBER At'PI,tCAT1ON oc7 n 7 2007 CITY CLERK formation: ~~~Gy~ ~' '• - ~~. 5. date of Birth q on wu a uvuc: ~ ~ y~ J3~~'Nys~kfTClt R~~a ~ o~ ~ 6 / you a registered your? ~N r /j r' a ~~ 5'71 If so, where are you regisared? ~~~~ ~' ~~L~~~ Q~-~Ic~ `= GJ ~l~r! E-1u h yuu are atrrently ucving or Z~ ! _ I I. Yo~'Pre~tt. you a '-7l ~~ ,~?~9 Y ,I~ d'K ,~7`z' .~s,:~c~ j ~?~~ ~ ~2UG2~SS i v~ ~S ~Z~~r1~z i? t-~'~L'r~':= G'E~ ['~ p J ~'i2S Pf3~ state are true,, wd II agree and understand cha: anm fo it}ut~upon Y~tatetneucof - face . ( '{T n'Y of'°yaPPoiatrx~ I maYreceive. DATE "------- ~~ ww retrsttn on de m tote City C]ed~s ice for a period of z Ic will be the applicant's t yrats fmm the dau is was respottstbdtty o ensure that a cuaent applindon is ort fle. RESUME FOR BtINPIY (PEARL,) MARKhIELD EI,ROD Director of Reasearch Dept. National Enquirer newspaper 14 yrs Realtor Coldwell Banker Real Estate 38 yrs. Pres. Ivle~ritt Park F[ome Owner's Assoc. Pres:Progressive Residents afDe'ray League Uf Women Voters, PBC:, Board Member Member S~N/NW Redevelopment Task ~'oroe firom inception. Resident Delray Beach over 10 yrs. Proud ovmer of a historic 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 benefits of a lovely city 1 would like to "give back" to the continued heaVthy growth of sarne. DELRAY BEACH CITY OF DELRAY BEACH p~G p g 2pp1 I I ~'® BOARD MEMBER APPLICATION,~,~ ~;~'~~~ 1993 ~, zoo, 8 J9~9 Please type or print the following information: 1. Last ame: Name M.I. 2. Home Address: 3~ i ~ A- n/E City F~ ,2 g c State r Zip Cade yyr 3. Legal Residence: City State Zip Code 4. Prinapal Business Address: City State Zip Code 5~-;Home Phone: J (0~~~.w6~~t1~ Business Phone: E-Mail Address: ~I~.NMA-iCk 0 ~~'~ Cell Phone: ' v~ Fax: 6. Date of Birth 7. Are you a registered voter? tlto " `~f so, where are you registered? 3~5~yy U .ro 8. What. Baazd(s) are you ~ sled in sexvin ?Please list in order _ f preference: 1. List all City Boards on which you are curienilp serving-or have previously serve .(Please include dates) lo. Educational qualifications: t~ ~~ l 11. List any related professional certifications and licenses which you hold: ] 2. Give your present, of most recent employ ,and positioty 1, , - /~/ 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 tme, and I agree and understand that any misstatement of material facts coned in this application may cause forfeiture upon my part of any appointment I may receive. !l ~, A _ „ / ,,IGNATURE / ~/ ~/L~' DATE ~- ~-- Note: This application will remain on file in the City Clerk's Office for a period of Z years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. Flease- ~or nnrmerouowrng..,,on=+au.+,,. .. - •.u-t: J- I~cLSauw:... Peltrie ~~ Name Kenneth .. - HtySmc~ f. Zip Dade 2_ Home Address: - ~~ Rabbrt Hollowe Circe Oelray Beach - 33x45 ~~, State Zip Gode 3: ~ ~Lcgal Residence: - - - . - a ~ ..: ~ ~ .. ~ ~ Sntc Zt Codc 4. Puneipal BASinwa Addreas ~ ~lry -_ ... - P 5. Iiomc Phone Busme Fhouc: ~ E-Mail Address: fd1~F1 nne: jG/ Fat' ~- ~kpellZle@yahoo.com ~ `S6y01 561 X98-076s ~ ,: ,~- - ~ - - sue' D I Y ~ ~ ~ If so, where arc you registered? 6. the qou e ` etaV each, Flonda. - 7; VPhat Boacd(s) arc you inrecested in se!9itrP2 Plos<lis[ in order-o£prcfcraucc Downtown Development Authority, P l o .+..:., a: a~ d Z a --~ - v $ va'°p ~ ti A $: L,jst'all Ciry Boards ou mluch-you. are cuacadp serving ot~have previously served:. (Please mdude dates) Planning and Zoning Board 8/15/OO.to current 9. L+'ducarionzl qualifications: Masters in~Public Health/Administrative.Medicine - _ . 10. Lisc any rdaced peofessiovalcertiGcadons and licetisc which you.hold li: Give pour presmr; of moar recent cmployer,.and poairion: .. ~ .. Vice President Whitsyms Nursingttd ~ - ~ ~ ~ - ~ -_ L Describe experiences, slaps or 1-sowledge which qualify you to serve on this brrard; (Yleasc attach a brief resume) . Fo Year ex erience in Hea h Gare m' oband .ommuni Planni^9 'Sewed as an officer and Board Member of a number of rnmrtutnit~nrnanj7~pL13 I brccuy .a~dry durr all llac ab r+c sraamcnrs azc ave. and' I agcy nerd imd.~r:rand rhnr auy n..aemtrmfsr of rnate:i-d fairs . contain in this appliationya~y Catssc forfeinue upon my part ofanp appomtmzneI maprecervc- x- D~~xs SIG . ~ ~ - Notc This application will remain on &le~iu the-City C1erk'§ Office for a peond of 2 yeats.frovi the date ii was ~ ~ I .. ~ ~ submitted. It X11 be the applictnCs responsibility ro.ensure that a ctruent applicaton rssKrnrvr~iFSx~eoavw.vvu : ~::~ ~ _ . Sunday, May 16, 2004.max KENNETH GERALD PELTZIE 2260 RABBIT HOLLOWS CIRCLE DELRAY BEACH, FL 33445 561-498-4764 GENERAL PROFESSIONAL EXPERIENCE Hospital Executive & Planner Health Educator Health Care Institutional Consultant Corporate Executive (Health Care Consulting Firm) Federal Government Health Care Program Analyst SPECIFIC PROFESSIONAL EXPERIENCE 2003 to Present Vice President, Whitsyms Whitsyms Nursing Registry, Delray Beach, Florida 1999 to Present Independent Health Care Consultant 1987 to 1999 Vice President, Corporate Strategy, Bethesda Health Care System Boynton Beach, Florida 1990 to Present Adjunct Assistant Professor, Health Care Administration Florida Atlantic University Boca Raton, Florida 1982-1986 President, Affiliated Hospitals of Indiana (a network of 18 hospitals in central Indiana) Executive Vice President, Community Hospital of Indianapolis 1980-1982 Senior Vice President, Robert Douglass Associates (a national health care consulting firm). 1972-1980 Vice President, Chi Systems, Inc (a national health care consulting firm) 1966-1972 Associate Administrator, Assistant Administrator, Sinai Hospital of Detroit (a 620 bed university affiliated teaching hospital) 1961-1966 Budget Examiner, Bureau of the Budget (now the Office of Management and Budget) Executive Offi f th P id W ce o e res ent, ashington, D.C. 1958-1981 Administrative Officer,United States Air Force Hospital, Dyess Air Force Base, Abilene, Texas. 1957-1958 Resident in Hospital Administration, Sinai Hospital of Detroit ACADEMIC EXPERIENCE B.A. College of Liberal Arts (Biology and Psychology), Washington University, St. Louis, Missouri, 1955 Graduate Studies (Industrial Psychology), Psychology, Graduate School of Arts and Sciences, Washington University, 1956 M.S., Administrative Medicine (Hospital Administration), School of Public Health, Columbia University, 1958. PROFESSIONAL MEMBERSHIPS American Hospital Association -Personal Member American College of Healthcare Executives -Fellow International Hospital Federation -Personal Member Community Activities Palm Beach County Health Care District, Finance Committee Crossroads, (Substance abuse support Center) Past Board Palm Beach County Emergency Medical Service Advisory Council, Past Member Delray Beach (FL) Planning and Zoning Board, Member and Vice Chairman HOPE Project (A not for profit organization providing free mammograms), Board member and Treasurer. Deaf Service Center (A not for profit hearing loss support organization), Member of the Board United Way of Palm Beach County, Member of the Finance Committee. Leadership Palm Beach Rotary Club of Delray Beach, Member and Past Treasurer B1-rt.~-2~~,b 1b: 18 FP.019:19HC 19ILLtif1 & STRI-0LE'i SF127r~?21 T0:2-43277-1 F.2 DEI.IUY BEACH '~~ CITY OF DELRAY BEACHREGEIVED I I I I~ BOARD MEMBER APPLICATI(~, p g -2006 ,093 Zoo, CITY ~ ~rE~ / ~e n~/ YlcaSe t X u[ nut u.~c ~ini~,..~tn - 1. L St Nam - Nam 5 - t. 1. 2. lome..Ad c ~: „ 1 l ~ C -~e l Scatr rG 7' C-odz - }. I.cy~T~alSRtsidcncc ~ `~_ 4. Pz7~c~l2lusinzss address: l a9 ~ ~~ ~ Ciq• ~ Ciry ~ ~~ State Stan: ~ Zip <"ode ~ r(~~ Zi(lJ~ C7odot ~~~ S_. T-Tome 1'bonc ~- Tivsincss Phone: a3Cv-4~3 E-D4afl ,Address: ~ ,~Qi>l~em~~~r5•~~ CzI1 P6onc. ~/ Pa:i: _ s?e ~~G'~ 6. Ate you a rrgi: -tired vntct? ~IS iEo, whz z arc }•ou [ isrcrc .' ?. tat Boa (sl arc yrn ~n cttsral it sc - g? Please list in order of prcfcm ce: 4 8, Lisc all City Boards on which you ate cturcndy irrv ink or have pr<vipusly staved: (Please indudc. darts) 9. Educational yva,lifica~inns: J ' U 10. ,I .isr any related profession 1 cct tlcauons and licenses whidt you hold: 1 L (;.ivc your present, rn: nsc .etc cntployzr, and position: l?. Ucsu7be. expcticn s, sK Is or k wledge which yualify you to serve on this bnan9: (F'Izase atcleh a brief resume) 1 hereby cetdfy chat all she alxwe se~mments arc one, and T agree and understand th:a any missracenunt of masrial E.au con[aine ~ .anon , ruse f"orfeiaue upon my part of any appointment 1 may reeeive- A. 7RL• DA~~ Norz: us }c't remain on file it, d~z City Clerk's V fticc. for a peuod nt !years ttom ute date tt was sabruictzd. It will he [hc applicant's responsibiliq~ to znsv,x chat a cuncnc application. fs nn file. S•r tr r<.ticK~.wi.,eu•_,vr[Knn~>N i-iFF,-c3-cL~i7 101:13 FF.OI9:f9HC 19ILLH11 & ~TriI ILEl' 56Tc7~^EI~1 Tfl: c4'?7i-} F.1~1 La.w (,){ices T'1acT'Ii~~an ~d wta>tile}', 1'.LI:C 29 TNortlzcast t'our111 Avenue Dclxnv Bcac}.~, Florida 33483 Telephone 1561) 276-6363 Facsimile (561) 276-8881 macm it lanstan ley.com Carol MacMillan Stanley` Thomas M. Stanley 'Board CeAified ny Florida Bar In WIPE. Trusts and Estates. Real Estate Via Fax (561) 243-3774 City of Delray Beach City Clerk's Office Att: Venice Cobb 100 NW 1st Avenue Delray Beach. FL 3344 April 23, 2007 Re: Downtown Development Aufhority (D.D.A.) Dear Venice: Neil E. MacMillan (191 B - 1996) Please attach this letter to my City of Delray Beach Board Application as an addendum. Qualifications for Downtown Development Authority: 1. Manager, shareholder and attorney at MacMillan & Stanley, PLLC located at 29 NE 4th Avenue; 2. The principals of MacMillan 8 Stanley, PLLC own the MacMillan 8 Stanley Building located at 29 NE 4th Avenue; 3. Part owner of commercial bank site located at 50 NE 5th Avenue (Legacy Bank): and 4. Current ad valorem taxes paid (2006) is approximately $62,000.00 per year. Thank you and 1 hope this will aid the Commission with the appointment process. Yours very truly, MacMillan omas M. Stan TMS/smt Serving betray Sinca 19a6 E~~IVED pPR 2 3 2001 CITY ,C~E~K Atl I-r3`-2rj~th lr.: 19 FF.'I_IP1: 19riM=. 1'IILLnI 18. '.TFItdLE'! ~bl~ i 6Fa IF:1 T0: ~433T7~ T1>OR18S M..~111E7/ 1995-1999 B.A. Hls4ory 1999-2002 Educaltlon Profsastanal esrperle~foe Jtrrtu IDxtor MacMillan 8 Stanley, PLLC MacMillan 8 Stanley Building 29 NE 4th Avenue Delray Beath, FL 33x83 Phone:(561)276-6361 Fax: (561)276-8881 tom @m a c m i l l an s t a n t ey . c o m Princeton University Florida State University 2002 -Present MacMillan 8 Stanley. PLLC Beach, FL Attorney Level I Title Insurance Agent Will, Trusts and Estates Estate and Gik Tax Real Estate closely held corporations condominium law Princeton, NJ Tallahassee, FL Delray pro(a:sifonal Member of the Florida Bar: American Bar Association: Delray Beach mernberah~ Chamber of Commerce; Chairman's Club; Boca Ratan Estate Planning Council; Palm Beach County Bar Association; Delray Beach Historical Society; Palm Beach Gounty Historical Sociely: Member of Real Property and Probate Section of the Florida Bar; Member of Elder Law Section of the Florida Bar; DELPAC Ob)eeWo I am a Delray Beach native and have a vested interest in the success of Delray Beach as a downtown landowner and businessman. I feel that my skills and knowledge as a long time Delray native and attorney will bring added depth to many of the City of Delray Beach developmental and review boards. F'. _5- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CTI'Y MANAGER ~~~ DATE: NOVEMBER 16, 2007 SUBJECT: APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL ITEM BEFORE COMMISSION This item is before the Commission for appointment to the Neighborhood Advisory Council. Regular member, Mr. Arthur Brown (Zone 1), submitted his resignation from the Neighborhood Advisory Council effective October 26, 2007. The resignation letter is attached for your review. This creates a vacancy for a regular member to serve an unexpired term ending October 31, 2008. 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 aze residents with two (2) selected from each of the six neighborhood zones, and three (3) at lazge 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 aze 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 aze registered with the exception of Mr. Sal Cherch who is registered in New Jersey. Based on the rotation system, the appointment will be made by Commissioner McDuffie (Seat #3) for one (1) regular member from Zone 1 to serve an unexpired term ending October 31, 2008. RECOMMENDATION Recommend appointment of one (1) regular member from Zone 1 to the Neighborhood Advisory Council to serve an unexpired term ending October 31, 2008. NEIGHBORHOOD ADVISORY COUNCIL EXHIBIT "A" Applicant Subdivision Zone 1 Mazk Behaz Sal Cherch Alice Finst Hansford Higginbotham Jayne King Lynn Klein William Milner Ria Santos Lees Crossing Barwick Ranch Chatelaine Lake Forest South Chatelaine Lees Crossing Chatelaine Bexley Park 10/07 ADVISORY COUNCIL TERM EXPIRES DISTRICT NAME & ADDRESS 10/31/10 Zone 1 Gaston Joseph Unexp Apppt 08/21/07 Rea t10/1G/07 10/31/10 Zone 2 Jennifer Witt Appt 10/16/07 10/31/10 Zone 3 Linda Leib Unexp Appt 10/17/OG Rea t10/1G/07 10/31/10 Zone 4 Hazold Van Amem Appt 10/iG/07 10/31 /O8 Zone 5 L'Tanya Allen Appt 10/25/05 10/31/08 Zone 6 Linda Prior Unexp Appt 02/20/07 10/31/08 Zonel Unexp Appt Vacant 10/31/08 Zone 2 Bonnie Raycroft Appt 11/15/05 10/31/09 Zone 3 Shirl Fields Appt ]0/17/OG 10/31/09 Zone 4 Claudia Flores Appt 10/ 17/06 10/31/09 Zones Matthew Hartley Appt 10/17/OG 10/31/09 Zone 6 Joseph Katnarata, Vice Chair Appt 10/17/OG 10/31/10 At Large Pamela Williams Unexp Appt 03/21/OG Representative Rca t 11/OG/07 10/31/08 At Large Patricia Westall Unexp Appt O4/19/05 Representative Rca t10/25/OS 10/31/09 At Large Chazles Stravino Appt 11/04/03 Representative Rea [10/17/06 10/31/08 Student Vacant 10/31/07 Student Vacant S/City Clerk/Board 07/Neighhorhood Advisory CouncB Page 1 of 1 Cobb, Venice From: Meeks, Janet Sent: Thursday, November 01, 2007 8:46 AM To: Cobb, Venice Subject: FW: Resignation Venice: Did I send you this note of Resignation from Arthur Brown? From: Arthur Brown [mailto:vend47@yahoo.com] Sent: Friday, October 26, 2007 12:09 PM To: Meeks, Janet Subject: Resignation Janet, effective immediately for personal reasons, I will be resigning from the Neighborhood Advisory Council. I would like to personally thank you for all that you have done for the Council and the City of Delray Beach. Your leadership style and strong people skills make you an asset to the city and the committees you serve on. I have thoroughly enjoyed my time on the council working with true professionals in trying to make Delray a better place to live. I know that the Council will continue to do great things for our community and wish everyone on the Neighborhood Council much success and happiness. You guys are the best, take care. Do You Yahoo!? Tired of Spam? Yahoo! Mail has the best Spam protection around http://mail.yahoo.com I 1 /1 /2007 vccwa~ o~~.,, e ~,, ~ i ~ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ,Z"v~< -~ Please type or punt the following information: ~///~v9 1. Last Name: ~ Name , . ~ I,~ 2. Home .Address: City S Zi Co I ~ e 3. Ixgal Res ertce: C~ ~) State ~ Zip-Code \~ 4: P ~ cipal Business Address: City ~ State ode _ 'T 5. I-Iorrie Phone: Business Phone: E Mail t~ddress: Cell Phone: Fa : x ~~~ _ o 6. Date o Bir 7. Are you a registere voter? If so, where are you registered? ~ 8: a[ d(s) are you interested in s g? please list in order of preference: 9 L IS[ all: Citj~.Boards on which you aze tvrrently serving ~or.have previously servetla(P]ease.urdudedates) /~ ? ~ (~~"~°gtyOG 10. Etlucationat valificatiotts: ' 11: ' any related pr ro al certifications as ~censes whtc ._ . 12 Give your present, or most recent einptoyer, and position: ~ ~.rl ~~ ,e ]3. Describe ex 'ences, skills or Imowledge which qualify you to s on this boazd (Please attach a brief resume) I hereby cem tementr aze true, and I agree and understand that any misstatement of material facts conta pli ~ n ma caus i y e e ture 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 stibmitted. It will be the applicant's resoonsihility r.. P:,~,,.o .ti... _ ______. _. _a_ _ .,_ _ I_ ...-----_ _ --- -- =- ;;SEAR H BLGG~ ~ '1G B~GG.', PJeXt Elog» 2007 Cangressiarral order of Merit ~~~t~~~ ~~~i~d~~~~~~~~~~-~ar~~ m SATURDAY, JULY iq, 2007 BLOG ARCHIVE ~ ~=0G7 C3) ~ July (I) Boa; ~~ ~~~ss',Zti Ot~J~, i,FYlerit - lpi-il (t) - ~:~brc ~:,, (I) ABOUT NIE POLITICAL INSIDER V'I r.11 ~t'i C~i i-. .:T~ re[LG I t~p:+~s ie§P Create Blog ~ Sign in On This tq.th Day of July, 2007, Washington, D.C., it gives me great pleasure to Announce that: _. Mr. Mark Behar of Delray ,~ +-' '~~ " ~ Beach, ei ' e` :X: - Florida has . ~ _- been Officially Nominated "" to Receive the Zoo? Congression ~M~,s+t' =~~' -'~"~"'°-"' al Order of r ~=~-~-~--"`-'-~ Merit b the ~7 y~,u ~~ r Y Executive ' ~~ .»~M ~ ~~ 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, efforts, and services in trying to Reform & create Tax Relief for Start-Up, Small 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 http://thenationalpoliticalinsider.blo(spot.com/2007/07/2007-congressional-order-of-merit.h... 8/2/2007 _ ____a.___~- _.. -__. ____o________-_ _____ ___._____ __a_..,_. & Investment Properties in both Delray & Boynton Beach, Florida as well as in "The Pocono's", located in Tobyhanna, PA., and is currently trying to Update & Revise the "Landlord-Tenant Laws" in his Hometown State of Florida. PCSTF.D F,"i PG LS'fICAi. l\SiDtiK nt~ 345 P\i o COMMENTS: Posi a Comment EiUnze ~ Older Post Subscribe to: Yost Conuuents (Atom} httn://thenationalooliticalinsider.bloesnot.com/2007/07/2007-coneressional-order-of-merit.h... 8/2/2007 ....._W_a..._y ~.. .. ___... ...., .,. ~ ~~..._~~_. _ ~ ~_....~.~- ~_~~~~~~.~. _. I IiLA&CH o_uG~ ~ ~ ~ 7:.OG~'~, A~Xi flog„ ----,. ~ ...b.. ....... Crea[e Blog ;Sign ilt ~® SATO RDAY,.APRIL z8, zooy "THE 2007 PP.ESIDENT'S I3INNE~." BLDG ARCHIVE ~ zoo; (3) • Jule (t) zou~r ;,-.r~ vu~r.--~; Order of P~2eri; - April (I) - t~ebrraic (1) ABOUT ME POLITICAL INSIDER c'1EYd 6!F co;v(>~LE~i~E ?ui F.LE ounce their invited Members & Guests The Nati ona 1 Rep ubli can Con gres Sion a1 Co mm itte e (NR CC) The Hou se Rep ubli can Tru st, ann Mark Behar, A young Entrepreneur and Owner/Investor of several Investment Properties worth Multi-Millions from llelray 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, On 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 http://thenationalpoliticalinsider.bloQSpot.con>/2007/04/2007-presidents-dinner.html 8/2/2007 ...........b....., .~ a.. .............. ...uv.a... ~ . v uu u ~ ua~ i uFjH L Vl L President Bush, Republican Members of the U.S. House of Representatives and the U.S. Senate at the premiere event of the year "The zoos President's Dinner, which is to be held in our Nation's Capital on June t3.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 t4.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: time California Gubernatorial Candidate Mary Carey. POSTEll HY PO L[1'LCeAL iN 51 L'GR A1' zap PNI o COMMENTS: Post a Co:mnent Nesve~ }'os llanu =~ktr ~ ??ost Subscribe to: Posr Comments (Atom) http://thenationalpoliticalinsider.blogspot.com/2007/04/2007-presidents-dinner.html 8/2/2007 a vaaaaa.au aaaoaua.a- ~r awaulasway ut... 1'GUl tl(ll ~' LVV / '~- _____..i'iE R' N. 3i OG' i RAG 5LUG Pdext BiOg" rage t of t t.reate Blog I ~ign In ~C. SUNDAY, FEBRUARY 28, zooy BLOG ARCHIVE ~ 2007 (S) ~ July (t) ~_.: ill? {~(tnf;S'e.SSl 171211 Order of Merit - April (I) S(9 ~)d';JOt'F' (1~ ABOUT ME POLITICAL INSIDER l'IEN" N(1' lUb7 PLr.'I G, t P.O Pi L'r: z rr2006 ~c i u -,n r .u t?t~ I; BUSINESSMAN OF ,s.,~k ~~ ~,: , ~ THE YEAR AWARD" ~.,.. ~, 3 The National Repu62ican Congressional Committee l (NRCC) announces their ~ Businessman of the Year Award Nominee & Recipientfrom the State of Florida The Nation Republican Congressional Committee (NRCC) has announced that Mark J. Behar, a young F,ntrepreneur & Small Business Owner from Delray Beach, Florida was nominated and has been selected as the "zoo6 Businessman of the Year", from South Florida. This award recognizes the top 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, we are all looking 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 will join Mark when he receives his award at this time. The Awards Ceremony and Luncheon will be held in our httn://thenationalnoliticalinsider_hlnusnnt cnm/7007 (17 (11 archive html R/~/7M7 1 V11l1V LLl LILJILLVI' 114J1L11~,. 1V11, LV.. 1 MUl UCII ~' LVV/ Nation's Capital Washington DC on March ts.th. The "zoos Republican Business Summit" will also be held that day, as well as the "zoos NRCC March Diner" will be held that night, with Special Guest President George W. Bush. Mark also, has been asked by the Republican headers of The U.S. House of Representatives to serve as Honorary Chairman of the House Republican Trust, from The State of Florida. Political Insider-Washington, DC. P04T8D 131' PO i.I "CiCAL Iti S[DGR A"C 2:~o Pibt o CO;vf bIEti TS April zoos Homc Subscribe to: Posts (Atom) 1 Q r., G L V 1 L httn://thenationalnoliticalinsider.bloestxit.com/2007 02 O1 archive.html R/2/2007 Mar 08 06 01:46p SRL CHERCH 5616385724 OJ /08/08 WED 1J'J1 Fd% 58121 JJi71 CITN CLERK OCiRAY BEAC{I _ ~' ' ~ CITY OF DELRAY BEACH I, BOARD MEMBER APPLICATION 1993 2001 Place tune nr nnnr rho 0..11.....:.... :. c,. _.__. ///))J p . 2 ~r.~~~t~~n~~ ~~Z- ~ rF"~ R R 2!x()6 1. Last Name: - ----- ~~h' Name ~I1-L ~ ~'I. ~ ~f_~' 2. Iiome Address: ~s/ o ,$ 13~tt1 f ~,,~ Ciryb~ ~ State "Lip Cody 3. I.eg:tl Rtsidcnce: City Stale Zip od~J 4. Principal-Business Address: ~/,2, / Ciry State ~ Zrp Cod< pp~~ rr s'F R,tJOeezt_3~ ~iCJp. s~E G S/,,/ ~,tL ~o~ /~ j ~ 3 5. Home Phone: Business Phone: F Mail Addtcss_ Cell Phone: Fax: G. Are you a regis[ucd voter? ~ f If so, inhere aze you registered? - ~L T• 7. What Board(s) are you vuet~estcd i o serving? PLeasc list u~ oidct of preference -- // 1 Ut/~ ~, _ 8. Lizt Ciry Boards on uch you ate curr serving or have prcviou ly served: (P ease indude dates Cducadonal qualifications: 2't ~ ~~ 10. List any related professional certifications and licenses which you hold - I1. Give your pracnt, or most recent unployec, and posiaoa a! u 6d -LbC 4PP/1/1 ~~ Yi(! 12. D<s¢ihe exprsr~ces, skills o[ knowledge which qualify you to serve on this hood: (Phase attach a brief resume) I hereby certify thrt all the atrovc slat®ents ace trot, and I agt<c and understand that any misstatement of material (acts contaiac ~ dtis a G lion m F f i p ay caus< or e ture upon my part of any appoinunent I auy rc ~v G21A'lUliY.. DATE. Nnrr 'Thin nli.-.. r:.......:I1 . _ c._ : _~ _ it"" • • ---- -- -- -_ ---~ -may ~-..~ ~ .~r..« roc a penoa of t years taom the daft rt was submiaed. It will be the applicant's responsibility to cnsuic that a n+:rent apphcation is on 61e s~rmoia+oeoaam.,enrcntttw SAL CHERCH Mr. Cherch, 70, has ovec50 years of business experience in developing, initiating, and operating companies in a broad range of industres_ Over the fast nine years, he has devoted.most of his time to developing and funding aquacutture related enterprises. He isthe co-founder of Neptune Industries, fnc. [NPDLBB]; Taurus Investments, Ltd. and Aquacutture Specialties, fnc. He-has served in an executive capacity for a number of privately held and public companies indudiny Ford Motor Company. Mr. Cherch is the President and founder of Landa Financial Group; Inc. This investment and holding company has interests in the electronic security and access control industry- He is the founder of Quest International, Inc. a.puWic 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 format+on and funding of several privately held companies: whi~}~ he hrcv.~pht to the nuhlir. as tP.n'c HP frii ~ndarl anri inrac GF(~ of Natirinat Farly Warning Systems, Inc. (N,E.W_S.BBJ which developed and manufactured 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:paYenUng of several products for and the Company and its affiliate Universal Fiberglass Industries, lnc.[QTC] These products were the basis upon whichboth companies were formedand built manufacturing a rid distritwtion networks consisting of more than 500 dealers and distributors throughout the Unted States ,Canada and Europe- In addition; Mr. Cherch owns or has patents pending. on several other products. Mr. Cherch attended Seton HaII Univetsity. `P.Or9 :I~iF,ezl ~'idco~ Fi{{ hnl. :°.r;1-1'?F: ~3~.- ~ Oct.- 11 '~JriS ~Ft:_~Po9 P1 lU!1J~05 -TflU OH:01 FA3 5U124J377~ CI?Y CLERR c~ --` ~~/I I ~01 CITY O~ OELRAY 6E4GH t ~m BARD M~t+At3ER APPLtWlTiOl~O ,~n~2 P~nattoo~ortsdntd~rft~esrinn}rfdv,.sn~ - - ~ . 1. Yyr ~. ~ v1' None l , ~.e~ li {Z 1~ 1 u~ v ~~ ~ $eactt ~- 3~ S' Retida~c t~ ~ 73p Cody 8 t itte 7~p e 3. esmc cure: auras yau_-,,.~c fi 2~lsal - y..~~..st~e+t-.~ Cell Fscx .r-~-~auT . a: uts-~z'~3 ~~y ~~~ ~ ,mot s~,d~e~ ~ ~~.d~a,~.. r~.t ~ ~ ~ , 1Jei ~..~e.-~ma o~Saot~C~cye,.k6~-...: a :.x,tt atis Bea, av ~ m ~~r,a-~ ~r,,~.E i~,.•.~r.~a cr>~,~a~ aafl} - ~, mom: to, i;,~.ny esesanot oams ~a ~„ r q _ ~~!~ln n.~-~r~ Lo 11. yaa os mop am ,tad pwjdc+o, - 1 '~IC Q~ @~~ a.-.x ~ ID iFl~E OD ~t M llflsot~ ~a tawmeffi em o~ ~ ~ +~ ~f~Oairb-.s..~~efale+m.pmmsrm*ot•~lT®.J~vod.c. -~~_~ - ~- . ~ : i!o _ ~1 c mCruivns ' - DA) Note T6[s s~pUndba z~ ofl Bte City Ct~r'i . d~od ~ otmoalf! • am= _. _~~ .. a;~,i._»...._ e~h+ed It..m he tLt tppl4~nda m tnAme rmr ~ e~maxspptivron~ yn,5~ ~ V E D OCT 1 4 2005 GITY C~~RK Resume' Alice Frost 707-Place Tavant Delray Beach, 33445 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 Hoke that dates are approximate and may extend several years: Memberships Homeowners' League of CLatelaine 1970's to present Chairman Architectural Control Corramittee, Editor, "The Chatterlines" Member Board of Directors, City Commission observer for Homeowners League -' Progressive Residents of Delray Beach Boazd:of Directors, SPRAB monitor Delray Beach President Council , Pride in Neighborhood Committee Mounts Botanical Garden League of Women Voters of South Palm Beach County since 1975, Delray Beach Good Governmem Committee Lobbying Activities Acquisition of land for Barwick Park, jalso served on play ground committee). Land acquisition for Fire Station at Barwick and Lake Ida-Roads Sidewalks on Barwick Road .Fencing at Veterans' Pazk Playground Bright Park Service on City Boards and. City Related Committees Pineapple Grove Pre Main Street 1993-1995 Beautification Committee Community Appearance Board 1985 HistoriePreservafion Board 1987 Education Board 1990 NorthWest/SouthWest Neighborhood 2002- Sidewalk/Beautification Committee Cultural Loop Walking Committee visited 80 sites June 2003/History Committee School Advisory Committees A.D. Henderson 198(x1996 S.D. Spady 1978-80,1999-present Atlantic High School 1987-present Other ' City Commission Watcher since 1979 1!111_J _l•!•J i!~. i~ UELRAY BFJ4CH .~ 7993 20Q1 Please t~roe of urin [the ~ v ~ e~ ~c~ ~~1 2~{3 - ?7`7~ EC~ VED CITY OF DELRAY BEACH OCT ~ ~ 2005 BOARD MEMBER APPLICATION CITY LE ~ ~/ ~~~5 air]n intc]rmati[]n: ~/°Y,A 1. LastName: _ ~~ +~ Name-~~-.p.~,-~ ~ - L ~~~ yI.7._ ~ l 2. Home.9ddr ss: r: ~ c[aI o ZipC_ de~ 3. Legal Residence: City- - Stare ZrpCode 4. Ptncipx] Business Atldr ss. Citti Statc Zi}~ Code 5. Home Phone .Bus css Phony. ~E-Mail 1\ddress: (sell Phone: Fas: G Are cou a re isceced vo[ ? }t tit, where arc rn] ct shred? 1 \Y~ha[ Boara1~3 are uu]r~ yi l 't5icd inservv]g7 Plisse Ls[ in-~»der ut ~]cefCCCncd: - ~ - + . $. 1.16[ dll t~.l[y BOatd6 n^ Wlll 11 yOU drf ti13'Y2n[h- Ser]!mt Vr tenet PICti7A~151y' $cN2d: iP1235e [nC1U[lE da[fS~ ~ ` V "tL N 9. Educational yualification6: 10: List any tolate proftssi o -' L.~e_ nal certifica[i ns and I{~c~enses which y-oo hold: nvw,~ L~<use_ c.~c ]~]:45 L~c~S~ 1 L .Give yo resent, r m s[ recent employer, and positi~ 1'. jsescribe espcricnccs, skill. r GP.~ nr kno]vledgE whicb.yuaG you n> sertc o ] [hi< board: tease attach a brief resume) ~ _ ~ih~ [Nl C[ ~ ~ ro C h ,mot ,. ` Cti~1~ ~ or[ ~ t mow, I hereby crtify that all [he abo morn' d u] appliearic]n m a statements arc crux, and 1 agrE~_ and understand [tear any misstatement of u]aterial facts cause forfeiture upon my pan of any appointment 1 mayreceive. ~c-~le¢r 12,'~ o°J GN.\ >tE p-jTp Note: This applicauon ill -main on File in the City Clerk's Utt]ce torn penud of G yeas [tom me oa[e rz mas subrriintd_ 1[ .will be he applicant's responsibrlity to ensure that a arxrcn[ applicauon is on file" srn.(tt3ano.na,.rnx~ncw S HANSFORD N. HIGGINBOTHAM DELRAY BEACH, FI, (561) 499-8331 CORPORrkTE FINANCE & INVESTMENT MANAGEMENT'EXECUTIVE 1990-Present Independent consultant to private and public companies; advising on matters including .capital structure, debt and equity financing, management dynamics, mergers and acquisitions, strategic planning, and mazketing., Record of achievement introducing new concepts and services to clients, turning money-losers into money-makers and capital creation approximating. $90 million. Concurrently have held contractual relationships with NASI)/NYSE member firms for Aroviding securities brokerage and financial planning services for my individual and business investment clients. Member firms include Old Dominion Securities, Questaz Capital, Round Hi11 Securities, Northeast Securities and J.W. Genesis: Client assets. under management have exceeded $36 million: ACTRADE CAPITAL; I1VC Regional Manager " 2000-2001 Responsible for management and sales growth of this public, international company's Southern Region. I was credited with building the Region's annual sales volume to over $23 million priorio the Company's decision to consolidate its operations and closetins office. PIONEER PRODUCTS 1988-1990 Marketing Manager Assumed mazketing and P & L responsibility for the T50+ consumer and institutional. products of this General Mills manufachirer. Credited with the creation and introduo- lion of Svc new brands (I 1 sku's) during an aggressive line expansion: My efforts contributed to two yeazs of record company revenues achieved within proSt.guidelines. EXECQNET 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. IIANSFORD.N. H[GGINBOTHAM, Page 2 DEL MONTE/RJ. REYNOLDS FOODS 1980.1984 Region Manager and Division Manager ultimatelyresponsiblefnr $50 million in annual sales of a 5lx}t item product Line through direct and food broker sales forces. Wrote and implemented operating budgets which included personnel, operations, local advertising and marketing, trade shows and trade promotion. Managed the regional merger of RJR Foods with Del Moue: PROCTER & GAMBLE 1973:1980 ~Distriet.I"aeltl Represen#ative and Unit Manager in the food products division~ .Managed sates ofup to Sly million through direct representatives and account managers- Recognized as my district's Tap Unit Manager in 1977 and 1979. Consistently ranked among. the comparry's top'managers in introducing new items and brands. Developed successful. college reciuiting programs at South Carolina, Ciemsonand Furman Universities: MERRILL LYNCH; RIEIiCE, FENNER & SMIT$ 1920.1973 Account Executive Sold investment securities including equities, faced income, options, mutual funds and. commodities: $ranch office leader in opening new accounts. EDUCATION/CERTIFICATION B.A., L'beral Arts, iJl`iIVERSITY OF TENNESSEE, I{noxville, Tennessee Series 7, General Securities License Series 63; Uniform Securities Agent State License a9;twos ]lON 10'1'3 FAd sa1zd3377d CITY CLIItS ~~ L SAY - ---- - --" ~ooz ~~,9 ~ _ =; T CITY QF I3ELRgY B~LIG.H. ~~ ~fsARD fWEMBER EIVED ,~, . AFPLGA7tf3~!' REC Sf P. 1 ~ 2005 CITY CLERK N ~'Y,L ~Q q3H~ ' ~ti1b3(1ti22J» >ti12937//4 P 1!1 CITY OF DELRAY BEACH ~'~e/~ BOARD ME{NBER APPL~~~~ C ~S~>c(~ Phtiie type of pffit the follolvia~ information JUL 3 l 2001 ,, 1- last Name: ~(- (~ ~ ,/ ~7 Name ~i-~ ~ 1 2. Home Address- ~f j / C -! (i l~G'~ ~~ ~ ,/ city ~~: L. f~F~ S ~ J~ ~ 3. frgal Itcsiden~cen' - City State . lip Code 4. Principal Business Address: State. Zip Codc S. H9rnr honor Business P6onc LMsi] Addieas: Cell Phone: Fax 6. Date of B7[th 7. Arc you a xcgrccred voter? If so, where are you registered? I ~/~~ fY ~ ,dc.f3 ,~(.ar N /2 .~~ fC,,J~ TDB 8: What $oard(s) ucyn~l intax~stad in nuvin~Please hst in ozda of prcferw.,c ~- liar all Gty Bonds you ue:cads®dy reeving or 6nve preaiovcly sertc / //'~~ 11. List srry re and Gccoses ,Which you ti. 12. Give otu ppresent, or most recrnc employer, 13. Dombo mt?otiax~, eleilo er Imoecled6o mMoh N ~ 'L~ ~riLi ~vt !D Srr'rC data) i2GiA~.1 >joG3 rf.~ /~/ )E.c~r~ ~.C ~ F.4.-cJ I hereby certify that all the a ove startments arc ttuy and I agree and undcrs/and that nay ntisstatement of matcnal facts c ed ul dun appGcaron maq cansc Forfd[ure neon my pact of nay appoin cat I y receivr_ ' rlAZUU2 , U ~ DATE N Tl` 1'Pt'"° ,+lt ma..n on far u. ~~ CuT C1uh'a OfLcc fur a [lOQ of L submiaed, Tt will be the ypp]icant's rrspunaibt7ity to ensure that a current a y~ irom the date it .vas ,~;_ n / PPliennon is do 61e I moved to Delray Beach m 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 Noith, we found ourselves welcomed into a city that is a microcosm of what we think America should be - a blend, of peoples of all. ages, races, and economic groups. A city that has pulled itself out of doldnnns and is a re}atively 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 cal] 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 an All-America city. Just drive clown Atlantic Avenue and riot only can you see . the changes in the city but you can feel the changes. While I have no experience sitting on advisory boards to a city, I feel compelled to offer what I can, to assisting the ctythat we riow call home in some way. f am a well educated woman and spend most of my professional life advising healthcare organizations how to better their businesses; so I am confident 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 resume to assist in your review of my application. Thank you for your consideration. Lynn I{lein . RE~E}VED LYNN J. KLEIN MAC T S 2005 mVOOCimarilanl ~ 174 E_ Lee-Road Delray Beach, FL 33445 ~(~~'~~~~~ Home: {561)b38.3517 Fax: (561)638-6223 CAREER"$UAIMARY 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 Integrakion - Ffnaneial Analysis and Modeling - Process Improvement - Due Diligence - Cash Management - Business Development Ability to improve efficiency through systems'enhancementand re-design as well as through selection, instaliation and maintenance of operational and financial computer systems. Ability to manage multi- functionalprojectr. Self-motivator with exceptional interpersonal and communication,skflls. SELECTED ACCOMPLISHMENTS Financial and Operational Business Consulting • Created and implemented a comprehensive restructuring of all purchasing and accountr payable... functions and systems fora $250M healthcare client to achieve projected savings in excess of $'(M in first year, reduce, processing backlogs from 90 days to 3-S days, reduce payment backlog frpm 120 daysxo 30-45 days, and provide on-line reporting to branch locations. Created financial models in -EXCEL for cash basis $16M service client to convert cash financial 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 $20M service client. • Provided all operational and financial business. integration for 12 practice acquisitions'for a $50M healthcare client including systems conversions. • Assisted clients in [he 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 $t00M) by providing financial 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 cat( 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 $SOM healthcare client. • Created a medical record audit program that used a team of clinical "and financial professionals to review a hospitals billing and medical record compliance to Medicare regulations. • Wrote business plan and assisted in securing, the initial $2.OM investment for an e-commerce business. Provided operationaland financial consulting while acting as CFO during the product development phase. TacticaLFinance and Accountine • Prepared financial statementr and,financial packages for Board of Directors and Senior Management in a S100M healthcare company. Coordinated alLfinancial 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 accounts 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 to 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 relationshipsincreasin~ service to field operations. • Monitored multi-branch operating expenses and recommended reduction and cost savings measures Eo senior management to obtain acceptable branch profit margins- Monitored aged A/R and DSO. changes and provided senior management with mon[hlyreports to assess early warnings of potential bad debt exposure. Management Information Systems • Selected hardware,. [ustomied software bydesigning inpuf screens and reports, and.implemented anaudit trail to convert an outsourced arcountingprocess to and in-house rystem 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 [o resolve an accounts payable backlog that reduced aging of open invoices from Z5 Yo 30 days.. • Converted regiogat,office from asingle=user system to a Novell 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 real time compensation arid benefit information. • Selected to chair. Ehe finance team of the MIS Strategic Planning Committee of a publicly traded healthcare company. Established definitions and requrementr for amulti-million dollar systems conversion. PROFESSIONAL HISTORY INDEPENDENT HEALTHCARE CONSULTANT, Delray Beach, FL. 1994 -Present NOVACARE ORTHOTICS ft PROSTHETICS. EAST; INC., King of Prussia, PA 1990 - 4994 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 $300M privately held intemationat commodities firm. Reported directly to CFO and partners. Supervised a staff of thirteen. EARLYEXPERIENCE "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 a.., ..,, oo. vim. v• rnA! aoa<9doi is li1L l_L.C:KR REGEiVED C1TY OF DELRAY BEACH ~~ - .~4Ai~ lVfE~B~R ~~PL~C OCT. 1 ~ 2005 . A'~~OA1 ao~oi ` GlT~' ~L~R~ . ~. - ~~. ~ Na¢nc ld i_ - S 3. ~~1~-~~ ~ iI r~n,..~jzq:,~ ~~ -~ ~Ll, ~.E~ ~L ~ftU~G~C~~0.~211CG~ Stxee .z~pi~!< 'l PzYnapal-B+uinzg ~ ~,rC~\ ~~~~ t ~ ~ ~~~~ N f ~~ ~ ~~ ,4 S~~ ~~~ (~z $. H/~omc Phonic cas Y'ia(41~ -- ~' " ~ ~ I" ` lk ~J~ ~~ ~ ~Pds~ d'iz&ess Cr3f P7xrnG I ~ i ~pfYli~tlef-~m ww : 5~~-~~1GG // ^~ {i, Atr'fdll a re~jS[~,d yore? ~ S D ~ l~ J ~l~-~ f S SO SC[iPi-n. F, ~ - -,-- w3i~,(aj vzc yvn vnet}stcd ~G~-(. VQ G N ~ ~ .S (~ i ~~Yhze list in ordcc ofp ms _ . -- - - . ' n ~ - ...___._ ~-l 1~J~~-~~'d cal V I~p ' 8- tisc all C,cyB.rrdv an ~i7Z,~: ~t P~ you ue evlrtad7 s¢~ of Luvet t .. - I _ __~ P ??t1j sewed (P,Ivse indatlc dztra~ - - --- . 9. ~ Fd"ou°m7 9umLt~c.tionr i - i ~ F~ • Q -~~~~ lq! ~snYr~atEdPtofame., c^fil6ntih~as :u:3litcusa o7hicx yn.. tom, S c. ~ ~ -- z>! c~ya„r ~~~ ~ - i ~ty~ ~ a 12 ISrsceb` oqul~~ ~ }. ~s6ic'h - Ton ro snot onthis ''r ` ~ c.~ - ~ ~ tea: rl~.~: ~,,~n ff u~rr qq~~~ ~{~ . =~T ctna,.:~7,c cfletameait38usa~vp7rrar~:. is f ~"e~'°dIa~ceeaud~trndtL~tnnymisstitanancofmsr~mzlfACes i ~~'A"'e q'~n'~*:^~ aF-; =[~iz'~-" I nit Y~,~ ~I1S'Illltg ~ ~l - Dh--ESL 1'J 1 ~ ^ ~9 cpplusoon m171r~ an &tc.in the _ - strttmitied. Ic w17I-bc ~ •....-x_y„ ~'f9 ~erKs ~3fftre for z peuot3 of 2 yew from the diuc ic~ts Bi#I Milner 3400 Place Valencay Delray Beach, FL 33445 561-637-8896- Professional History 201J1-Present US Census Bureau-Field Representative. 1999-Present Pre-Paid Legal Services, Ine. -Independent Associate 1'996-1999 - Mustapha's-Wadi Catering Services- Co-Owner EYlucatidn B.A. lnterdiseiplinary Social Sciences, USF, Tampa, FL 1 can make a meaningful contribution to the FJeighborhood Advisory ~ -~- Board for the following reasons: • l understand the .need for and the mechanics of building consensus • Ability to work effectively with people from all backgrounds • ,Aware .of the interests end concerns of our business community Conscious of the limitations and the possibilities of public Policy • Empathetic to the challenges to homeowners. of modest means • I know what makes a community attractive to outsiders and welcoming and comfortable#ar its residents FEE:-rr-_,3r~r, ~.12:3r+ DFLRAY BELCH ~~I~ r ~~~~~® 1993 2047 PJea$c C Or nrll f11C I. Luc Name NTQ S 2 HomcAddress: lv p(}N~ 3: I1oa1 R.-~:.ie...-_ a. Pi ~ G. bate ofBirih _v r . w~ 7. Are you a registe=; ~''S-~ eS -~ Cry ~-lifail Adders 8. What Boarrl.(s) ue you in~cresrcd in scivin~?.Plisse lis[ in ord~ -~(1,~4i4~1 DiQ~n~~l~ ~Z9ni/1~', k1Li9~ Lsr all City Hou on.vhich you arc eiurcndy servir~b, or liavc Srsre - Zip Code Sate Zip Cody ---- r' "--°.-.R-. so, where arc you rcgistei ~'~Y ood--{-P pl~~ r-Qevre,.U !y served. (please include dads) ~ l ~ SC II CC iM~ ~ 11. Luc any cclared professional cera6naons and Geenses which you hdd• S r~tS `i *~. 1-Fe Nearffl+-varl:4blt ~n~~u~re~ 12. Give your piesen; er most rectal employer, and posirion: -C'I ~ ~1WRrd5 *' SQhs~ 7-n~ F,'l~nGal 13. Describe crpeomccs, slaps or knomledgc mbicb qualiYyyou mserve on rhls board S~fRn7`' (Pleafe aeueh a brief resume) See fC51AMP n1~ni.4.eJ - - .--~ --•~.~ ,.,-. ~ au me aoovc sraccmcnry uc nue, and I aoree and uadeattnd that any missnreaunr of mareoa} bca . conained in This applicaoon may evisc fotfcimre u a /J - ._ _ !~j~~~'~`~1~'Jj P° mY P~ of any appointtnenc~lLmay cecave- SLGNATUkE E' ~ `~' /'~ ~ ~ ry-1 DALE . Ksr - =This appli~rion vn71 rcrFyain on 9le in the City Cletlc's Office for a period of 2-years [tom the dace it was submiacd_ jr will be the appli~rnt's respo~16ility co ensure chat a cuaznt application is on file. H G EI0.,1HRI6 E ~fq Ir: 1. `n1 ~-',~ n~i~ - F_r3 ru ~~ ~~ RECEIVED CITY OF DELRAY .BEACH BOARD MEMBER AppL~CATiONFEB p 7 2007 CyITY C~-~R a+in informarion_ ~c /1~ ~~~; ~y_ dame ~ 9 rct:--^; -_~~1.' 1_:.y ~. H G EIdJt=F'L~. ~. ~:f_tl IS 1 =.r'.1 'i ~.-1 ~-7y'; F'_[Y'. PI-t February 7, 2007 .Dear City Commissioner(s), Jt is my pleasure to seek membership into one of the following advisory boards: Education, Panning & "toning, Neighborhood and Site Plan & Review, As a resident of Delray Beach for the past three years, ] have.decided to commit myself to the betterment of this great city in which I live. As a Bexley Park resident, l 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 conimunities where l live because I feel that it is crucial to take an active role and believe in the improvement of such places. I know that Lwi Il be an integral part of any of the advisory boards for which I may be szlected. Some of m past experiences of leadership include serving as President of i6e Student Advisory' Board-at Cndf Coast Community College in Panama. City, Florida_ In this posizion,l oversaw a group of 25 students in developing,. coordinating & irtiplementing activities for the college. Together, we fostered an environment for students to.take active. participafion within our college: Not only did we .promote student development and involvement, we served ovYcommunity through volunteering: I am a participant in Leadership Delray and volunteer to assist the Education Foundation Committee in planning the Annual. Education Foundation Auction. This is just an intfoduction to playing an active role in my community.. I wish to 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.. I have served on various boards throughout. my educational years and comprehend the importance of dedication required ofinembers. I now plan to include this aspect into my personal &, professional life and ask that you consider the for a member of the Advisory Boards. Cordially, ~~~'"v' Rio Santos FEE:-n^-?corn, 1?~.3r1 A G EIaiHF.•I5.x ^_.nIC; 1 ~b1 7z~ 'ay^ ~ F_ra.r,,i Rio Santos 4636 Danson Way Delray Beach, FL 33445 Tel: 561:51b.0788 WORK EXPERIENCE A.G. Edwazds & Sons, Inc Boynton Beach, FL Registrre(l Financial Associate Financial Consn~ltant Emailc rfasantos9agedwards.com November'03 -Present + Assistindividuals in developing retirement/investment strategies ~- Work-with businesses in implementing Retirement Plans + Assess dients` investmentneeds and goals ~- Conduct educational workshops + Service clients' specific issues relating to their portfolio Aeon Corporation ' Nagano, Japan. Foreign English Teacher August'OZ -September '03 + Teach conversational English to students, business professionals andhousewives + Prepared/developed lessons unique to various levels + Worked with Japanese Teachers to develop curriculum +_ Helped students progress with the English language ACHIEVEMENTS ~ ORGANIZATIONS ~ Cum Laude <G Student Leader of the Yeaz <9 President- Student Activities Board ~ Senior Class President ® Delray Beach Chamber of Commerce ~ Leadership Delray partiapant ~ Habitat For Humanity 3 Phi Theta Kappa ~ Volunteer UCF ~ Rotary International; Delray Sunrise +$ Women For Excellence ~ Catholic Course] of Women Florida Women s Business Center Advisory, Boazd MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager ~ ` ~n^ DATE: November 16, 2007 /~'S5`s~ .1 SUBJECT: AGENDA ITEM q. ' -REGULAR COMMISSION MEETING OF NOVEMBER 20.2007 ORDINANCE NO.4(r07 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing for Consideration of a rezoning request to allow a modification of the Blood's Grove Speciai 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 Boulevazd and Old Germantown Road (4600 Linton Boulevard). (Quasi-Judicial Hearing) (A Request was received to postpone this itee~ BACKGROUND At the first reading on October 16, 2007, the Commission passed Ordinance No. 46-07. The City Commission considered Ordinance 46-07 on November 6, 2007 for Second Reading/Second Public Hearing, and voted to move the Second Reading of this ordinance to a date certain of November 20, 2007. RECOMMENDATION Commission discretion regarding second reading for Ordinance No. 46-07. 10A 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 SUBJECT: 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 OId 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 Reouest for SAD Rezoning of Bloods Hammock Groves for Midtown Delrav 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 Reouest for SAD Rezonino 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 #1 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 City Commission Documentation: Meeting of November 6, 2007 Conditional Use Request for SAD Rezoning of Bloods Hammock Groves for Midtown Delrav 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 Delrav 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 DELRAY BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, AMENDING SECTION 4.4.25(G), "S.A.Ds," 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 EFFECTIVE DATE. WHEREAS, Midtown Dekay, LLC is the fee simple owner of the parcel of land as mote 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 Plantung and Zoning Board, sitting as the Local Planning Agency, has determined that the changes axe consistent with the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the Endings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach Ends 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. Section 2. That the Blood's Grove Orchazd Ordinance 51-95 which establishes the Blood's Grove S.A.D. is modified by Ordinance No 46-07. ecrion 3. That Sections 4, 5, 6 and 7 of Ordinance 51-95 axe 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 comer 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 Ol°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 Ol°30'15" East, along said pazallel 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 arc 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 Ol°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 Ol°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 Ol°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 azc 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 squaze 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 ORD N0.46-07 granted for a mixed use development including a 29,571 sq. ft. medical office building, 84 mazket rate residential townhomes and 32 workforce residential townhomes. 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 closex than twenty- five feet (25~ from each other. Section 8. That any future modifications to the approved Midtown Delray 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 Delray Beach, Florida, be, and the same is hereby amended to add Subsection (9), f9~ Midtown Delray. 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 ox provision of this ordinance ox 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 N0.46-07 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 MAYO R City Clerk First Reading Second Reading ORD N0.46-07 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 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 fot Midtown Dekay. 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 fmding that the granting of the waiver: (a) Shall not adversely affect the neighboring azea; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Would the waiver of Section 6.1.2 (C)(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 Mazshal recommend approval of the reduction in that the 24' width is not feasible ox would constitute a hardship and that the reduction would not endanger the public safety and welfare? ORD NO.46-07 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 axe consistent with the Comprehensive Plan. 4. The City Commission Ends 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 Cotmission 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. Based on the entire record before it, the City Commission hereby adopts this Order this 6~h day of November, 2007, by a vote of in favor and opposed. 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A D A m s y O 2 i0 .t {' A O_ 1 m D O 2 ~ ~'I it ~ ~ ~~ ~~ ~~ ~~ '~d ~~ ~~ E g i~ ~i Vii" ~9 i' 3 a .1. m SS`t: a ~~E~f"6LE~~"~~~E:i{Idlii~~~df~i~i ~~ ~ y ~li~~o "€~ iii i,is~ "€.4 ~i;iai; i i, ~! 1°E ~i~"i ~~95 of "1 Z .....m..,m € gg ~ ~ ~, ~2O1~St-'D E~E~,IP~~r'loi~LS Yd 'i 55 P~ 3~ 1p sS 9~ CS PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: September 17, 2007 AGENDA ITEM: Iv. A. 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 ....................... Midtown Delray, LLC Location ...................................... southwest corner of Linton Boulevard and Old Germantown Road Property Size .............................. 9.86 acres Existing FLUM ........................... TRN (Transitional) Proposed FLUM ......................... 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 .............. ........ Primarily Vacant Land with Vacated Industrial and Retail Structures Proposed Land Use ........... ......... Mixed Use Development Water Service ................. ........ Existing on site via an 8" and 12" water main and several fire hydrants Sewer Service ................. ....... 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 BQARb 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 ANALYShS 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. REQUIRE'D' 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(8)(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 6e 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 its 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"scent 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 Elements 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 mentStandard Re wired Provided"' Buildin Hei ht: Residential Com onent 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 Efficient 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 8 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. Li htin 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 wired 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.l6(D)(2)(b) which requires 25% ofthe 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. Ln 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. Right - Of - Way: 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 8.1.8 Undergroundina 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' ANA'LYSI'S 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 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. 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 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. 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. (i.9(D)(3)(c)(1), provisions must be made for stacking and transition of incoming traffic from a public street, such that traffic may not backup into the public street system. The minimum distance 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`STACK/NG '` DISTANCE 20 or fewer Local 5 feet 21-50 Local 20 feet 50 or fewer Non-local 20 feet 51 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 to 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 6.1.2 (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 will actually create a safer environment. 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." 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(B)(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 to 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 trees 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(8) (5) and a recommendation of denial should be presented to the City Commission for this waiver request. Analysis of Waiver #4: Pursuant to 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 requirement 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(6) (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)(li)(b)(4), along Linton Boulevard, from A-1-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 10% of the average depth of the property; however, in no case shall the landscape area be less than ten feet (10~. 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 (SO') 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(6)(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 to 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 ROW 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. REV-IEW BY ETHERS 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. ASSESS'M£NT AND CO''NCLUStON-" 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 A-CTION'S 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 RECO''MMEN'DATI`ON By Separate Motions: Rezonino 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(8)(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(8)(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 ptt Qi DEUEAY BEACH, FL SUBJECT PROPERTY LOCATION MAP PUNNING tr 20NING DEPARMENT -- OK,YIAL 61SE MAP SYSTEM -- ~ MAP REF: UA1008 N MIDTOWN VILLAGE ~- 4600 LINTON BOULEVARD GTY Di DEIRRY BEAG1, FL sualecrPaoPENTY EXISTING ZONING MAP PL/~NNINC k 20NING DEPMTNENT -- 6/G/TAL 615E MM SYSTEM -- MPP REF: LM1008B 13900 70G ROAD, SUITE 203 -212 DELRAY BEACH, FL 33446 PHONE (561) 495-9670 FAXyt (561) 495-0888 wait Our website: www.aBianceoGldraycom ` 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 Deh-ay 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 regazding the entrance and exit traffic flow for this project. Presern traffic on Linton Blvd. is akeady a burden to residents emering 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. Sin e Robert Sc um Presidern SEP 1 4 2007 D ~~ PLANNING & ZONING Bsord si Directors Robert Schulbaum, PrWdent Larry 7alkin, Executive Vicr Pressidenr Mort Mazor, First lrtn President .Lori Vinikoor, ~re Prrsident. Barbara Zee, Vnx President. Richard Herman, Vice President .Evelyn Spielholz, Senietsry . Stan Kalish, Treasurer 121C4lt4L& Nancy Brin . Edwin Goldwasser .Rhoda Groifer .Harold Kleiner .Phyllis LeNne . ]adc Miles . ]oshua Gerson, Legs/Counsel 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 Delray 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 dme ago Linton Bivd was widened to three lanes to accommodate the obvious increase in traffic. RECEIVED SEP 1 ~ 2007 PLANNING & ZONING All of the areas mentioned, including the Midtown Delray project location, fall approximately within %: 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 akeady 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 Dekay 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 HGA, Inc. Ca Shadywoods Board of Directors Alliance of Dehay Residential Associations, Inc. Page 1 of 2 Valek, Denise From: JOSEPH PROVENZANO ~provenzano@msn.com] Sent: Wednesday, September 12, 2007 10:37 PM To: PZmail@MyDelray8each.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 aril density. 4) Traffic: As it stands now, the traffic from Linton Bivd 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! Please take into consideration my concerns and do not approve this project. Joseph M. Provenzano, M.D. 1921 S.W. 36th Ave Lovely Delray Beach, FI 9/14/2007 ~KATIIV~AN 8 KORR I a YmMabiul Aaeod•Ibn of ptlgneya Apri16, 2007 FIARIDA OFFICES FORT LAUDERDALE MIAMI BOYNTON BEACH www.katzkorr.com Via Telefax & ReQUlar U.S. Mail (561) 243-7221 Mr. Michael Vinci, Assistant Planner City of Delray Beach 100 N.W. 151 Avenue Dekay 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 DAVR) A. KUPPERMAN MARK M. HER~asH KENNETH E. ZEII.BERGER TENNR,LE M. SHIPWASH HEATHER J. EDELMAN MAY HUSTEY MARY ANN CHANDLER STEPHEN A. FINAMORE I wanted to take this opportunity to thankyou 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 Reserve: The Boazd thereofhas 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 client of the foregoing, and they wiil 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 appeaz to be inadequate. My client believes that at least as proposed, the scale of the proposed development exceeds the_chazacter of Hammocks Reserve and as such, the set backs should be significantly increased; :MFR 1 !~ 201 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 Apri16, 2007 Page 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 azound the adjacent areas of Hammocks Reserve. Similazly, the Board desires some type ofplanting buffers be installed between the developments; and 3. The height of the buildings appear to be out of scaleto the general chazacter of Hammocks Reserve. The Boazd 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 (w/ encl.) P \WPa'm0ohoa~CLIEMSWUn~mck Rave 1lovmw~ers Asercinia~ LN9TF@RVAiEmvm Villa(e IXLaYlT196Vtl~n- Vioti OIKOI.w)q 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, David Lewin 4150 Palm Forest Drive-North Delray Beach, FL 33445 I'el: 561-381-4534 n~ ~~~ •~: 1/11/2007 Distribution List: Rita Ellis, Mayor, City of Dehay Beach ritaellis@mydelraybeach.com Gary Eliopoulos, Commissioner, City of Delray Beach, gpe@mydehaybeach.com Fred Fetzer, Vice Mayor, City of Delray Beach, fetzer@mydelraybeach.com Woodie McDuffie, Commissioner, City of Delray Beach, wmcduffie@mydelmybeach.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 Al Berg, Asst Dir, Community Improvement Nancy Davila. City Horticulturist City of Delray Beach City Planning CityAttomey@MyDeimyBeach.com gray] @ci.delray-beach. fl.us kemp@ci.delray-beach. fl. us CIDirector@MyDelrayBeach. com CIDuector@MyDelrayBeach. com PermitsLicenses@MyDelrayBeach.com Paul Dorling, Drcector, Duector, City of Delray Beach Dorling@MyDelrayBeach.com Ron Hoggazd, Principal Planner City of Delray Beach Hoggazd@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 P-an Review and Appearance Board Germantown Road Homeowners Associations: mviale@primemg.com kim@haagcomp anies.com wdiatdbc@aol.com rsmaupin3@aoLcom bert 1283 @bellsouth.net mguzi@proskauer.com donmklein@adelphia.net dklein@ad.fau.edu alexsani@gnail.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@gmail.com (Distribution list on following page) Sunday, September 9, 2007 HONORABLE MAYOR RITA ELLIS 100 Northwest ls` Avenue Delray Beach, Florida 33444 Re: PROPOSED DEVELOPMENT ON BLOOD'S GROVE SITE BY ASCOT DEVELOPMENT TITLED MIDTOWNDELRAY Delray Beach Planning File #2007-165 and 2007-166 Deaz Honorable Mayor Ellis: Sent Via hand delivery and entail: ritaellis@myde(raybeach.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. This project is partly sponsored by the Community Land Trost, 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-constmct' 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 Teamed 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, appeazance, 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 roles 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; Felzer, Fred; McDuffie, Woodier montegue@mydelraybeach.com; CityAttorney@MyDelrayBeach.com; Gray, ]oe; Kemp, Kymenski; ClDiredor@MyDelrayBeach.mm; 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 aze in the awazeness 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 Delray Beach, Florida Vice President, Hammock Reserve Homeowner's Association (561) 496-7161 bolamo~gmail.com *** e5afe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** Page 1 of 1 Valek, Denise From: JMM ~mconnect@yahoo.comj Sent: Wednesday, September 12, 2007 4:42 PM To: PZmail@MyDelrayBeach.com Subject: Proposed Rezoning -Modification to the Blood's Grove SAD zone district Regazding 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 Qet online. 9/14/2007 WEINER 8~ ARONSON, P.A. ATTORNEYS AT LAW MICHAEL S. WEINER CAROLEJ.ARONSON November 6, 2007 Mr. Paul Dorling Director of Planning and Zoning City of Delray Beach 100 N.W. 1st 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 RECEI`/ED NOV 0 61001 CITY CLERK JASON S. MANKOFF KERRY D. SAFIER Via Hand Delivery Ms. Chevelle Nubin, City Clerk City of Delray Beach 100 N.W. 15~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:\BENG005\Letter to Paul Dorling-City Clerk. November 6, 2007.doc MICHAEL 5. WEINER Weiner&Aronson,P.A. RESUME RECEI`,/ED EDUCATION NOV 0 6 1007 LEGAL: Ci1TY 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 Attorney/Partner (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 f. 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 Deveiopmeni -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 OFINTEREST 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- RECEIyE~ NoV 0 61001 CITY ~~+~~ Robert F. Rennebaum, P.E. President Vitae EDUCATION: Bachelor of Science Civil Engineering Tha Citadel, The Military College Of South Carolina Graduated: May 1984 PROFESSIONAL. REGISTRATION State of Florida Registered P.E. Febtuary 9, 1989, Reg. No. 41168 AFFILIATIONS Florida Engineering Society (Past President of Palm Beach County Chapter) Institute of Transpottation 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 prepazation 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. Prepazation of comprehensive land development construction plans including water distribution, wastewater collection, stormwater management and roadway design. Coordination of platting, surveying and services during consttuction 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 HLSTORY Simmons 8c White, Ina August 1987 -Present Patiner/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 conctarency, rezoning and site plan approval process to providing assistance during the platting process and the prepazation 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. Appoined by the Palm Beach Provide services during construction necessary to certify County Board of County work to owner and governing agencies. Commissioners in 1991 and currently serving the Palm County Lowe Engineers, Inc. Traffic Performance Standards Appeals Boazd. March ]985 -August 1987 Project Manager Appointed by the Duector 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 Geoigra: on County Roadways. Planning and design of 3500 acre planned community development. Appointed by the Director of Palm Beach County Traffic Division in Cobb County, Georgia: Towne Center Plaza 2003 to serve on the Traffic Perfom~ance Standard , Responsible for developing construction plans end Subcomminee 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 Rennebatrm, 1993 Elected to Village of North Palm Daughter, Megan Rennebaum, born 1999 Beach Council March 2004. Served 2-yeaz term as Councilman from 2004 to 2006. RECEIVED NOV 0 6 2001 CITY 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 AFFILIATIONS Institute of Transportation Engineers EXPERIENCE Mr. Caratozzolo has 5 yeazs of traffic engineering experience. His professional experience includes engineering and planning support services in the azeas 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 Softwaze. PROFESSIONAL HISTORY Simmons & White, Inc. September 2005 -Present Project Engineer Primary responsibilities include preparation of Traffic Impact 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 transporEation planning regarding Traffic Engineering services. Quillen DRI, Quillen Mixed Use Development, Indiantown, Florida Proiect Mana¢erBngineer- Prepared responses to Question 2l based on Florida Statutes. 1'he 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 Shaze Costs for roadway improvements. Project ManagerBngineer Cypress Key Town Centre Signal Warrant Analysis, Cypress Head Development, Village of Royal Palm Beach Senior En tg'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 FOOT District N to obtain a median opening vaziance based on FDOTs access management standards. URS Corporation October 2004 -August 2005 Traffic Engineer During his time at URS Corporation Mr. Cazatozzolo 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 TratTic 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 Engineer- 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 10'" Avenue Conflict Analysis, FOOT District IV, Deerfield Beach, FL A conflict analysis was performed along SW IOa' Street between SW 30"' Avenue and SW 24°i Avenue. Recommendations were based on observations. SR 80 Florida Turnpike Interchange Improvements Study, FOOT District IV, Senior Enpneer_ Prepared a future analysis study in order to determine alternatives to the SR 80 Florida Turnpike Interchange. Gaitlin Boulevard and I 95 Signal Warrant Study, FDOT District IV, Por[ St. Lucie Senior eer- Prepared a signal warrant analysis in order to determine the effects of a signal at The Gatlin Boulevazd 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. Caratozzolo worked with both 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 softwaze. 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-858/Ilallandale Beach Boulevard, FDOT District N, Broward County, FL Proiect Emm~eer- Responsible for the collection of traffic volumes and the interpolation of the accident data and the signalization intersection analysis for Hallandale Beach Boulevazd between Dixie Highway to Three Islands Boulevard. SR 80 Corridor Study, City of Fort Myers, Fort Myers FL Proiect Engineer-Responsible for the collection of traffic volumes and accident data and the operational analysis for SR-80 between Seaboazd Street and I-75. Designed roadway access points based on access management criteria. :>< ~raper7ec(znologies, LLC Consulting Civil Engineers 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. Project 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 100' 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. ~{ E C E~ V E D tJOV 0 6 2007 ~Draper7echnoCogies, LLC. ConsuCting CiviCEngineers Santa Barbara Boulevard Drainage Improvements -Cape Coral, Florida: Scope included design of drainage improvements along afive-mile corridor on Santa Barbara Blvd from Cape Coral Pkwy to Pine Island Road. • Chiquita Boulevard Roadway Improvements -Cape Coral, Florida: Widening of an existing 3600-foot 2-lane undivided roadway to 41ane divided roadway including storm drainage improvements. • Cultural Park Roadway Improvements -Cape Coral, Florida: Scope includes 3600-foot road extension of Cultural Park Boulevard including drainage accommodation for 50 acres of adjacent municipally owned property. • City of Cape Coral Streetscape -Cape Coral, 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 4-lane 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 RECEIVE Q State University of New York; Bachelor of Landscape Architecture i~ State University of New York; Bachelor of Environmental Studies I I ~ ~ 0 6 ~~d~ ProfesstonalAflilfations ``I'~'~ G+L~~~ 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 International 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 consfruction observation services. Client: Palm Beach County, Florida South County Courthouse -Landscape architectural design services for asix-acre courthouse facility in Delray Beach, Florida. Client: 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. Client: Southeast Shopping Centers Corporation Prosperity Oaks -Landscape architectural design services fora 27-acre elderly residential development in Palm Beach Gardens, Florida. Client: The Babcock Corporation Florida Atlantic Untuersity -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. Client: 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 atone million dollars. Client: Palm Beach County Water Utilities esi n s JAY BRIDGE, RC.A LANDSCAPE ARCHITECT, PROJECT MANAGER City Centre -Landscape architectural design services of a 13.5-acre upscale office complex in Palm Beach Gardens, Florida. Cltent: 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. Client: Temple Judea of Palm Beach County, Inc. Courtney Vfllage -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~ee~,f n ~ud~o WEINER & ARONSON, P.A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, FL 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: mweiner@zonelaw.com MICHAEL S. WEINER CAROLEJ.ARONSON November 7, 2007 Mr. Paul Dorling Director of Planning and Zoning City of Delray Beach 100 N.W. 1 st Avenue Delray Beach, Florida 33444 Susan Ruby, Esquire City Attorney's Office 200 NW 1a` Avenue Delray Beach, Florida 33444 Re: Midtown Delray Our File No.: BENG005 Dear Paul, Susan and Chevelle: JASON S. MANKOFF KERRY D. SAFIER Via Hand Delivery Ms. Chevelle Nubin, City Clerk City of Delray Beach 100 N.W. 15`Avenue Delray Beach, Florida 33444 RECEIV~~ NOY 0 ~ ~~'~~ ~~~~ ~~~~ In order to address the issues raised at the City Commission meeting of November 6, 2007, we respectfully request that all hearings related to Midtown Delray be tabled until the December 4, 2007 City Commission meeting. This tabling is being requested in order to allow us to thoroughly review and respond to the comments and submit revised plans. Very truly yours, ~~ ichael S. Werner SW:vf Cc: Mr. Garrett Bender O:\BENG005\Letter [o Paul Dorling-City Clerk-Susan Ruby. November 7, 2007.doc l~ WEINER 8~ARONSON, P.A. ~~ ATTORNEYS AT LAW (J'J" I The Clark-House 102 North Swinton Avenue' Delray Beach, FL 33444 Telephone: (561)-265-2666 Telecopier. (561) 272=6831 E-mail: mweiner@zonelaw.com MICHAEL S. WEINER JASON S. MANKOFF - GAROLE J.ARONSON - KERRY D. SAFIER November 16; 2007 Wa Hand Delivery Mr. Paul Dorling Director of Planning and Zoning City of Delray Beach 100 NiW; 1stAVeniae Delray Beach, Florida 33444 Susan Ruby, Esquire -.City Attorney's Office 200 NW 1"Avenue Delray Beach, Florida 33444- Re: MidtownDelray Our File No.: BEN0005 . DearPaul and Susan: As you know, a, postponement of -the above-captioned" matter has been requested, setting the fiearihg for December 4, 2007 and:moving: if from November 20,' 2007: Among the reasons thaCwe requested the postponement„is to find. possible solutions to issues raised by ` 'surrouriding, homeowners grid other individuals. The issues we are working on are as follows: 1. Engineering a possible decrease in the height of the medical building; 2.' Possible re-di§tribution of workforce housing units and coordination the Delray `. Beach Community Land Trust; 3. Potential new points of ingress and egress, including Linton Boulevard and Orchard tane; 4. The staggering of tfie buildings. and other architectural details; 5. Certain improvements #elated to safety, sueFi as raffic calming; and 6. Review of certain landscape issues in order fo maximize potential buffering. O:\BENG005\I,ctter to Paul OarlingSusan Ruby. November I5, 2007.doc -~~.A Mr. Paul Dorling Susan Ruby, Esquire November 16, 2007 Page 2 of 2 As you are aware, when changes are made to a site.plan at this level of detail, all professionals must be consulted. Therefore,' utility issues and drainage issues, among other things must be reviewed .as we attempt to make these changes:: The delay-until December 4, 2007 gives us an opportunity o be certain that the changes address the issues at hand and do not impact these otherdesign features. Moreover, many of these changes require consultation with other governmental agencies; such as the County of Palm-Beach and the Lake Worth Drainage District. Thus, this additional time is of great' importance. We understand that we must -attend the meeting, on November 20, 2007- conceming the postponement. However; we would like to pass the word to as many of the citizens as possible. We would also like to pass the word that if any ofaherrl would like to contact me, please call.my office of 561-265-2666 or Mr. Jon Solin at,561-495- 7554. We will be.happyto talk to them concerning'tne proposed changes. We appreciate everyone's input: - Very tr yo s, Mi I S': einer MSW: Cc' ' Mr. Gan•ett'Bender Mr: Jon $olih Ms. Teri Levinson ) `. Ms.'Chevelle fVUbin, -City Clerk Jason S. Mankoff; Esquire i . OdBENG0051Letter to Paul DorlingSusan Ruby. November 15, 2007.doc ~ - - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # ~~.~ -REGULAR MEETING OF NOVEMBER 20.2007 ORDINANCE NO.52-07 DATE: NOVEMBER 14, 2007 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading fox consideration of a rezoning from R-1-A (Single Family Residential) to CF (Community Facilities) for 345 N.W. 5`h Avenue to accommodate offices associated with the Achievement Centers for Children and Families, located at 555 N.W. 4"' Street. BACKGROUND At the first reading on November 6, 2007, the Commission passed Ordinance No. 52-07. RECOMMENDATION Recommend approval of Ordinance No. 52-07 on second and final reading. S:\Ciry Ckrk\AGENUA COVER MEMOS\Ordinance Agcnda Memos\Ord 52-07 Achievement Cencen For C{uldcen atd FamtLes 11.20.07.doc ORDINANCE N0.52-07 AN ORDINANCE OF THE CTI'Y 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 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 I1' ORDAINED BY THE CITY COMMISSION OF THE CTI'I' 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 comer 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 declazed 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 fmal reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 200_. ATTEST MAYOR City Clerk First Reading Second Reading 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 NW 5`" Avenue for three employees of the Achievement Centers for Children and Families located at 555 NW 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 .............................. 0.275 acres (12,000 sq. ft.) Existing FLUM ........................ Proposed FLUM ...................... LD (Low Density Residential) No Change Current Zoning ............................ R-1-A (Single Family Residential) Proposed Zoning ........................ CF (Community Facilities) Adjacent Zoning ................North: CF (Community Facilities) East: R-1-A (Single Family Residential) South: R-1-A (Single Family Residential) West: R-1-A (Single Family Residential) Existing Land Use .............. ........ Single Family Residence Proposed Land Use ........... ......... Achievement Centers for Children and Families Office Facility Water Service ................. ........ Existing on site Sewer Service ................. ....... Existing on site ~~~~~i ITEM BEFCSRE THE BOARD 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. BACKG#O'UND AfVALYSi'S 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, which is currently owned by Lorenzo and Jasmine Kerr. 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 of this facility, the Achievement Centers for Children and Families now desires to expand its boundaries to include offices which will compliment the existing facilities by offering office space for three upper level management employees. This facility will be owned by the Achievement Centers for 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 for 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. R~~=UiIZ~a~° FINCtINGS LAND DEVELOPMENT REGULATIONS CHAPTER 3 -PERFORMANCE STANDARDS: Pursuant to LDR Section 3.1.1, 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 (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 land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. PZB RepoA 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, intended 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(8)(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). ^ 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 to 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 rate, 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 with respect to this level of service standard. PZB Repoli 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. ^ Consistency: The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. 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 land 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 office 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 northwest. 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-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 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 access to vital services. Based upon the above, positive findings with the Comprehensive Plan can be made. ^ Compliance with LDRs: Development under the requested designation will 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-1-A zoning. However, in its proposed CF zoning, the existing structure will become nonconforming PZB Report Page 4 of 6 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 corner 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 Ida 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 compatible 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 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. 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. Existing 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) Proaosed land uses Subject Property -Achievement Centers for 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. REN;IEW BY 41THER$ Community Redevelopment Agency (CRA): The CRA reviewed the proposal on October 11, 2007 and recommended approval. Courtesy Notices: A special courtesy notice was provided to the following homeowners associations: • Northwest Community Improvement Association • Lake Ida Home Owners Association PZB Repoli 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 ASS'fSSMENT A:ND CO'NCLU51ON '- 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. RECOIYAMENDED AG7'14NS A. Move a recommendation of 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 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. '` STA=F.F''R'ECC?``MME~1'i1ATlC~~hl= 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 Sections 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 a,e~or ACHIEVEMENT CENTERS fOR CHILDREN AND FAMILIES ~~ EXISTING ZONING an a oen~. ecna. n LOCATION MAP PIINMwC k 20NWC 0lPM1YOR -- 01C/IJIC 4tSE FW Mld -- IMP fRF: 3WemiM ! 2onM1p\OBA6VOe-~e\t-W iw~-nou\w~w»airw~~mc when rw eno .....~.~.. Wks ~ a ~... ~ ~ ~ ~~ w 6 ~~ll ~ E~~ E ~ u~ 0 Io n :~~1~~1z41~~i~s1 l i~e ! 'r ~ l 3 ~ ,~',~ ~ I ~ _ '`~% ~ ~ t ~` ~ , „ ~~l~ ~~ i/~M~-SOY`w~~Y~~e~A~9~fa~N~OO~~f~O~OiAe~s~r~m svA~ Tr>hl ~~~~II Ye~Y~Mw W ` ec~ ~ iy. f~ ~i ~ F~F~ Z ~ ~ y i F ~ O ~ 3r yy ! i t ~q¢ ~lw O~ _~ vai Q ~ ~i i~ 1 l ~ ~ l tQVUU .~Su { r ~. L_________-J l ~~ s &~~9 a Isl t e ~~ ~ a~: ,;, , L'~ _-----a-----------, ~, l '~ ~----------J ------- ~n -----------, 6 i It ~ !~ ~ MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager l1' - ~, DATE: November 16, 2007 SUBJECT: AGENDA TI'EM #10 REGULAR COMMISSION MEETING OF NOVEMBER 20 2007 ORDINANCE N0.31-07 SECOND READING/SECOND PUBLIC HEARING iTF.M BEFORE COMMISSION This item before the Commission is for second reading and second public hearing for a privately initiated amendment to LDR Section 4.4.24 Old School Square Historic Arts District (OSSHAD), Subsections (B) Permitted Uses and (F) Development Standards. The proposed amendment is to add Lots 16, 17, and 18, less the South 75' thereof, Block 69, Town of Delray, to the list of lots within the OSSHAD caning district that can be developed pursuant to the uses and development standards of the CBD (Central Business District) caning district. BACKGROUND The City Commission considered this item October 2, 2007 for First Reading/First Public Hearing and voted to approve the proposal by a vote of 4-0. On October 16, 2007 for Second Reading/Second Public Hearing, the City Commission voted 4-0 to postpone to a date certain of November 20, 2007. The City received a letter from Michael Weiner date October 9, 2007 requesting that the item be postponed until they provided further notice. RECOMMENDATION Staff recommends postponing second reading of Ordinance No. 31-07 due to not receiving a request from the applicant to proceed. I~ ~- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER -~. Q~~ PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING ~~`^" THROUGH: CITY MANAGER DATE: OCTOBER 11, 2007 i~ C SUBJECT: IN 4.3.41J1(41. ITEM BEFORE COMMISSION The item before the City Commission is a privately initiated amendment to LDR Section 4.4.24 Old School Square Historic Arts District (OSSHAD), subsections (B) Permitted Uses and (F) Development Standards. The proposed amendment is to add Lots 16, 17, and 18, less the South 75' thereof, Block 69, Town of Delray, to the list of lots within the OSSHAD zoning district that can be developed pursuant to the uses and development standards of the CBD (Central Business District) zoning district. BACKGROUND The City Commission considered this item on first reading and voted to approve the proposal by a vote of 4-0. The City Commission also directed the applicant to meet with Staff before second reading to discuss possible alternatives. The applicant met with Staff and will seek relief to the current regulations of the OSSHAD zoning district with respect to setbacks and lot coverage rather than pursue the current LDR modification. Therefore, the applicant is requesting a postponement of a Second Reading for the proposed LDR Amendment until further notice. By motion, postpone a second reading of Ordinance No. 31-07, to amend Land Development Regulations (LDRs) Sections 4.4.24(6)(12) and 4.4.24(F)(1)(a) to allow the permitted uses and development standards excluding the exceptions to additional height in the CBD for Lots 16 thru 18, Less the South 75', Block 69 until further notice. Attachments: • Ordinance No. 31-07 • Postponement Request Letter WEINER & ARONSON, P.A. ATTORNEYS AT LAW The Clark Mouse 102 North Swinton Avenue Delray Beach, FL 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: mweiner@zonelaw.com MICHAEL S. WEINER CAROLE J. ARONSON October 9, 2007 Mr. Paul Dorling Director of Planning and Zoning City of Delray Beach .100 N.W. 15t Avenue Delray Beach, Florida 33444 Susan Ruby, Esquire City Attorney's Office 200 NW 'I~' Avenue Delray Beach, Florida 33444 Ms. Chevelle Nubin, City Clerk Delray Beach City Hall 100 N.W. 15' Avenue .Delray Beach, Florida 33444 Re: Privately Initiated AmendmenYto LDR Sections 4.4.24(B)(12)(c) and 4.4.24(F)(1)(a) to Add Lots 16-18, Less .South 75 Feet Thereof, Block 69 to those Properties Zoned OSSHAD (Old School Square Historic Arts District) which are subject to the Permitted Uses of 4.4.13(8) and Development Standards of 4.3.4(J)(4), Central Business District Zoning District, Excluding Exceptions to Height Limitations Provided in 4.3.4(J)(4) Our File No.: ZENJ006 Dear Paul, Susan and Chevelle: On behalf our client, we are respectfully requesting a postponement ofi the above- captioned matter. Please do not place this matter on the City Commission agenda for a Second. Reading until further notice from us. very much for your assistance in this matter. Very tr~yi y~ prs, ''C11~, ~`\~ MSW:vf '" Cc: Mr. Jim Zengage (via email) Mr. Francisco Perez (via email) Jason S. Mankoff, Esquire C. SL,rS~- ~ , ~(~ 1Ollol o~ ~d...2 ller(,t,~ I ~i-z t O\7ENf006\Letter to Paul Doling-Susan Ruby-City Clerk.October 9, 2007.doc RECEIVE OCT 10 2001 CITY CLERK JASON S. MANKOFF KERRY D. SAFIER Via Hand Delivery RECEIVED flC~b~ ,PLANNING & Z&3NING ~~~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNEF PAUL DORLING, AICP, DIRECTOR" ~PLANNING~nAND ZONI THROUGH: CITY MANAGER ~- ~j~~cw'y- C/" ~ DATE SUBJECT: ITEM BEFORE COMMISSION The item before the City Commission is a privately initiated amendment to LDR Section 4.4.24 Old School Square Historic Arts District (OSSHAD), subsections (B) Permitted Uses and (F) Development Standards. The proposed amendment is to add Lots 16, 17, and 18, less the South 75' thereof, Block 69, Town of Delray, to the list of lots within the OSSHAD zoning district that can be developed pursuant to the uses and development standards of the CBD (Central Business District) zoning district. The subject LDR Amendment is privately-initiated to accommodate a new office building. The subject property is located on the west side of SE 1s` Avenue, approximately seventy-five feet (75') north of SE 1s` Street, and contains a contributing structure within the Old School Square Historic District. The frame vernacular structure, which is still maintained as asingle-family residence, was constructed in 1938 and would be relocated to an unidentified location. The effect of the proposed amendment would be to add Lots 16, 17, and 18, less the South 75' of each, Block 69, to the list of properties that can be developed pursuant to the CBD uses and development standards. The proposed changes would increase the types of permitted uses that could be established in the OSSHAD zoning district allowing for a wider range of retail, service, and office uses, more dense multi-family residential, and greater and more intense development given more liberal setbacks and height (see Development Standards comparison chart in attached Planning and Zoning Board Memorandum Staff Report.). The properties to the west of the subject property are contributing structures within the Old School Square Historic District, and will be affected by the proposed amendment. The properties to the north are located within the Old School Square Historic District and are subject to the CBD uses and design standards. The east-west alleyway just north of the subject SEPTEMBER 27, 2007 City Commission Documentation, Meeting of October 2, 2007 Privately-Initiated Amendment to the LDRs RE: CBD Overlay within OSSHAD property serves as a physical boundary between properties currently subject to CBD regulations and the subject property. In the applicant's justification for the changes, they utilize the assumed impact of development outside of the designated historic district to justify the intensification (i.e., Worthing Place located across SE 15` Avenue). If development outside of the historic districts justifies changing regulations within the historic district, then the same rationale could be applied to Block 70, located just to the south of the subject property and within the Old School Square Historic District. Staff believes this sets forth an inappropriate precedent. The justification for the request centers on the desire to build an office building. However, Office is an allowed use in the OSSHAD zoning district and if site specific adjustments or relief are necessary or are desired for these lots, it would appear more appropriate to request relief from the OSSHAD zoning regulations rather than apply CBD regulations. The OSSHAD district is typified as a low intensity mixed use district that allows single family residential, professional offices, boutiques, etc., and is consistent with the current development request. Introduction of the more intense principal permitted uses of the CBD on the subject property, along with the associated more liberal development standards such as setbacks and height, is incompatible with the historic district. REVIEW BY OTHERS The Historic Preservation Board (HPB) considered the subject LDR Amendments at its meeting of September 5, 2007. A recommendation to deny the amendment was made by a vote of 4-1. The Community Redevelopment Agency (CRA) considered the subject LDR Amendments at its meeting of September 6, 2007. A recommendation to deny the amendment was made by a vote of 5-0. The Planning and Zoning Board considered the subject LDR Amendments at its meeting of September 17, 2007. A recommendation to deny the amendment was made by a vote of 6-0 (Perez stepped down from the item.). RECOMMENDATION By motion, deny on first reading Ordinance No. 31-07, to amend Land Development Regulations (LDRs) Sections 4.4.24(6)(12) and 4.4.24(F)(1)(a) to allow the permitted uses and development standards excluding the exceptions to additional height in the CBD for Lots 16 thru 18, Less the South 75', Block 69 by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M). Attachments: • Ordinance No. 31-07 • Planning and Zoning Staff Report of September 17, 2007 2 ORDINANCE NO. 31-07 AN ORDINANCE OF THE CITY COMMLSSION 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 THE PIItM1TIID USES OF THE CBD ZONING DISTRICT; AMENDING SUBSECTION 4.4.24(F), "DEVELOPMENT STANDARDS", TO INCLUDE AN ADDITIONAL PROPERTY IN THE OSSHAD DISTRICT THAT IS SUBJECT TO THE STANDARDS OF THE CBD ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on September 17, 2007, and voted 6 to 0 to recommend that the changes be denied; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Plamung and Zoning Boazd, sitting as the Local Planning Agenry, has determined that the change is not consistent with and does not further the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the Ciry of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is not consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 'on 1. That the recitations set forth above aze incorporated herein. Section 2. That Section 4.4.24, "Old School Square Historic Axts District (OSSHAD)", Subsection 4.4.24(B), "Principal Uses and Structures" of the Code of Ordinances of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (B) Principal Uses and Structures: The following types of uses are allowed within the OSSHAD as a permitted use: (1) Single family detached dwellings. (2) Duplex structures. (3) Business, Professional, Medical and Governmental Offices. (4) Retail sales through specialty shops (single purpose businesses) such as: bath shops, book stores, gift shops, florists, hobby shops, kitchen shops, boutiques, bicycle shops, excluding liquor stores, convenience stores and drug stores. (5) Arts related businesses such as craft shops, galleries, and studios within which is conducted the preparation of, display of, and/or sale of art products such as antiques, collectibles, custom apparel, jewelry, paintings, photography, picture framing, pottery, sculpture, stained glass. (6) Educational and/ox Instructional activities including training, vocational, or craft schools, the arts, personal development, and libraries, museums, and social and philanthropic institutions. (7) Restaurants of a sit down nature such as a cafe, snack shop, full service dining but excluding any drive-in and/ox drive-through facilities or features. (8) Providing of personal services such as barbershops, beauty shops, salons, cosmetologists. (9) Bed and Breakfast Inns. (10) Catering services not associated with a restaurant, subject to the special regulations of Section 4.4.24(H). (11) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(1). (12) Within the following described areas, the uses allowed as permitted uses in Section 4.4.13(B) pursuant to the base district and special regulations of the Central Business District regulations shall also be allowed in the OSSHAD: (a) Lots 13-16, Block 60 (b) Lots 1- 4, Block 61 (C) Lots 1- 7 and 19-24, and Lots 16 - 18. less the south 75 feet thereof. Block 69 (d) Lots 7- 8, and the South 34.75 feet of Lot 6, Block 75; and (e) Lots 1- 6, Block 76 c ~0 3. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection 4.4.24(F), "Development Standards", of the Code of Ordinances of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: - 2 - ORD N0.31-07 (F) Development Standazds: The development standazds as set forth, fox the OSSHAD Disttict, in Section 4.3.4 apply, except for as modified below: (1) The following locations shall be subject to the development standards of the Commercial Core (CC) area of the CBD Zone District, excluding exceptions to height limitations provided in Section 4.3.4(J)(4): (a) Lots 1- 7 and 19-24, and Lots 16 - 18. less the south 75 feet thereof, Block 69 (b) Lots 7- 8, and the South 34.75 feet of Lot 6, Block 75; and (c) Lots 1- 6, Block 76 (2) The following locations shall be subject to the development standards of the West Atlantic Neighborhood (WAN) azea of the CBD Zone District: (a) Lots 13-16, Block GO (b) Lots 1- 4, Block 61 (3) Parcels located along N.E. 1st Avenue between N.E. 2nd Street and N.E. 3rd Street (Bankers Row) shall comply with either provisions of Section 4.3.4 or provisions of the Banker's Row Development Plan, whichever is more permissive. (4) Except for properties identified in Sections 4.4.24(F)(1) and (2) and the Old School Square Cultural Arts Complex, the **~axi**+um width of a building fronting a street shall be limited to 60' and shall have a minimum separation of 15' between buildings fronting a street in a development site that contains more than one structure. (5) The floor area fox the third floor shall be limited to 50% of the second floor azea and the building setbacks ox planes of the fagade aze offset and varied to provide visual relief. (6) Notwithstanding the provisions of Section 4.4.24(F)(4), or elsewhere in this code, residential-type inn developments, shall be permitted to: (a) Connect adjacent on-site buildings using all-weather, covered walkways, that are constructed of not less than 70% vertical transparent glass or similaz material. Said walkways shall be on the ground floor only, shall be located not closer than 15 feet from the front building face, and may be joined to elevators, lobbies, or accessory use facilities permitted herein: Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declazed by a court of competent jurisdiction to be invalid, such decision shall not affect the 3 - ORD N0.31-07 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 aze hereby repealed. don 6. That this ordinance shall become effective upon its adoption on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the_day of- 2007. MAYOR ATTEST: City Clerk First Reading Second Reading 4- ORD N0. 31-07 AGENDA ITEM: IV. D AGENDA ITEM: PRIVATELY INITIATED AMENDMENT TO LDR SECTIONS 4.4.24(B)(12)(c) AND 4.4.24(F)(1)(a) TO ADD LOTS 16-18, LESS SOUTH 75 FEET THEREOF, BLOCK 69 TO THOSE PROPERTIES ZONED OSSHAD (OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT) WHICH ARE SUBJECT TO THE PERMITTED USES OF 4.4.13(6) AND DEVELOPMENT STANDARDS OF 4.3.4(J)(4), CENTRAL BUSINESS DISTRICT ZONING DISTRICT, EXCLUDING EXCEPTIONS TO HEIGHT LIMITATIONS PROVIDED IN 4.3.4(J)(4). 5 ^3 } apt i~~h~ ~ t ~q",IfiJ i, ~ k.. ~ _~~t~T~ ~~^'~5"P~'R^ ~~~~ .-. t `4 l 'i The item before the Board is that of making a recommendation to the City Commission regarding a privately initiated amendment to LDR Section 4.4.24 Old School Square Historic Arts District (OSSHAD), subsections (B) Permitted Uses and (F) Development Standards. The proposed amendment is to add Lots 16, 17, and 18, less the South 75' thereof, Block 69, Town of Delray, to the list of lots within the OSSHAD zoning district that can be developed pursuant to the development standards and uses of the CBD (Central Business District) zoning district, pursuant to LDR Section 2.4.5(M). Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. i p ;I~~cK~i~~ ~t~'~I;~~`~ ;IrN~I _~~ES~i~~TfOt~' 'M ... ." ..+. ...~ ,.. i4,L The subject LDR Amendment has been privately-initiated to accommodate a new office building. The subject property is located on the west side of SE 15` Avenue, approximately seventy-five feet (75') north of SE 1s` Street, and contains a contributing structure within the Old School Square Historic District. The frame vernacular structure, which is still maintained as a single-family residence, was constructed in 1938 and would be relocated to an unidentified location. Should the relocation consist of a location outside of any of the city's five (5) historic districts, the Historic Preservation Board should consider a requirement that the structure be individually designated to ensure its protection. This issue will be further discussed and analyzed during the site plan approval process. In 1990, with the citywide rezonings, the OSSHAD (Old School Square Historic Arts District) zoning district was created and applied to properties located within the historic district including all of Block 69. All lots within Block 69 were rezoned from GC (General Commercial) to OSSHAD. There are other lots in the immediate vicinity located within the OSSHAD zoning district that may be developed in accordance with the permitted uses and development standards of the CBD. Those lots, which are identified in Exhibit B, are located immediately to the north and across the east/west alley from the subject property and include a surface parking lot, the City parking garage, and a recently constructed mixed-use building. Those three lots were included in one text amendment adopted on January 4, 2000 (Ordinance 47-99) which provided for the expansion of the CBD overlay district (uses and development standards), for the primary purpose of constructing the Block 69 parking garage. MEETING DATE: SEPTEMBER 17, 2007 Planning and Zoning Board Memorandum Staff Report, Amendment to LDR Sections 4.4.24(B)(12), 4.4.24(F)(1 17, 2007 Pursuant to LDR Section 2.4.5(M)(1), amendments to the Land Development Regulations may be initiated by the City Commission, Planning and Zoning Board or City Administration; or an individual. The proposed amendment is a privately-initiated text amendment to the Land Development Regulations. The effect of the proposed amendment would be to add Lots 16, 17, and 18, less the South 75' of each, Block 69, to the list of properties that can be developed pursuant to the noted CBD standards and regulations. The CBD development standards would permit a maximum height of forty-eight feet (48'), versus athirty-five foot (35') maximum height permitted within OSSHAD. In the OSSHAD zoning district, the required setbacks are twenty-five feet (25') for the front, seven feet, six inches (7'6") for the side interior, and ten feet (10') for the rear whereas the CBD setbacks are as follows: • Front setback may vary from five feet to ten feet (5'-10') for 70%-90% of the front elevation depending upon the proposed use on the ground floor and at least fifteen feet (15') for 10%-30% of the front elevation. These setbacks are required up to a height of thirty-seven feet (37'). The remainder of the building could contain up to 70% with a fifteen foot (15') setback, with up to thirty percent (30%) containing a setback of five feet to ten feet (5'-10'); • Side setbacks may be zero (0) if there is vehicular access to the rear. Otherwise, one side must be setback at least ten feet (10'); • Rear setbacks are ten feet (10') up to thirty-seven feet (37') in height while the elevation over thirty-seven feet (37') must be setback twenty-two feet (22') as the subject property abuts a zoning district with a maximum height requirement of thirty-five feet (35'). The proposed changes would also increase the types of permitted and permitted conditional uses that could be established in the OSSHAD zoning district to allow for a wider range of retail, service, and office uses, as well as more dense multi-family residential. A chart containing the above noted information has been provided on pages five and six of this report. REQUIRED FINDINGS LDR Section 2.4.5(M)(5- (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objectives and Policies were noted: FUTURE LAND USE ELEMENT: GOAL AREA "A" LAND WITHIN THE PLANNING AREA SHALL BE DEVELOPED OR REDEVELOPED, TO ENHANCE THE EXISTING QUALITY OF LIFE, COMPLIMENT EXISTING LAND USE AND RESULT IN A MIXED, BUT PREDOMINANTLY RESIDENTIAL COMMUNITY WITH A BALANCED ECONOMIC BASE. Future Land Use Element Objective A-1 -Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, 2 Planning and Zoning Board Memorandum Staff Report, September 17, 2007 Amendment to LDR Sections 4.4.24(8)(12), 4.4.24(F)(1)(a) topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. Future Land Use Element Obiective A-4 The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall 6e met through continued adherence to the City's Historic Preservation Ordinance and the following policies: Future Land Use Policv A-4.1 Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations (see below) relating to historic sites and districts and the `Delray Beach Design Guidelines" Pursuant to LDR Section 4.5.1(A), Historic Preservation Sites and Districts: In recognition of findings as set forth in the original enactment of Ordinance 13-87, passed March 10, 1987, this Section is created in order to provide for the identification, preservation, protection, enhancement, perpetuation, and the use of districts, archeological sites, buildings, structures, improvements, and appurtenances that are reminders of past eras, events, and persons important in local, state, and national history; that provide significant examples of architectural styles of the past; that are unique and irreplaceable assets to the City and its neighborhoods; or that provide this and future generations with examples of the physical surroundings in which past generations lived; and other purposes. Future Land Use Policv A-4.2 In order to protect the City's historic resources, the Land Development Regulations shall include provisions for designation of historically significant buildings, structures, archaeological sites, or districts. The City shall conduct periodic neighborhood surveys to identify and evaluate potential historic resources. Objective A-1 noted above requires that development be complimentary to adjacent land uses. The proposed amendment would allow for the subject property to be developed in a manner complimentary to both those properties located across SE 1S' Avenue, outside of the historic district and zoned CBD, or those located in the historic district but recently developed under the CBD Overlay. The amendment would not provide for complimentary development with the historic properties within the subject historic district and would allow for the incursion of more intense development with reduced setback requirements and the potential for greater height. The OSSHAD zoning regulations were established as a mixed use district with less intensity with respect to uses, density, and scale and massing than those allowed in the CBD. The adjacent properties to the west and south are also zoned OSSHAD and consist of either contributing single-family residences or non-contributing mixed-use development (contributing per 2005 Old School Square Historic District resurvey). The proposal is not consistent with Objective A-4 which requires that the amendment provide for the preservation of historic resources through the redevelopment of land and buildings. Further, Policy A-4.1 requires that the Historic Preservation Board make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations. The provisions of the Section are to provide for the preservation of districts, buildings, and structures. The proposed amendment not only does not provide for the preservation of the subject structure, the potential intensification of future development does not encourage preservation of the historic structures located immediately to the west of and abutting the subject property. Therefore, positive findinos cannot be made as the proposed LDR text amendment is not consistent with and do not further the Goals. Objectives and Policies of the Comprehensive Plan Future Land Use Element. 3 Planning and Zoning Board Memorandum Staff Report, September 17, 2007 Amendment to LDR Sections 4.4.24(B)(12), 4.4.24(F)(1)(a) HOUSING ELEMENT: GOAL AREA "A" TO MAINTAIN A SAFE AND ADEQUATE SUPPLY OF HOUSING BY PRESERVING EXISTING STABLE NEIGHBORHOODS, STABILIZING AND ENHANCING NEIGHBORHOODS THAT ARE IN TRANSITION, AND RESTORING AND REHABILITATING NEIGHBORHOODS THAT HAVE DECLINED. Housinq Element Objective A-10 The City shall support the conservation and rehabilitation of historically significant housing, especially where such housing is an identifying characteristic of a particular neighborhood. Housinq Element Policv A-10.1 This objective will be implemented in accordance with the standards and criteria of Section 4.5.1 of the Land Development Regulations, Historic Preservation Sites and Districts. Housinq Element Policv A-10.2 The City will promote the use of historic designations as a revitalization tool in its preparation of Neighborhood Plans for those areas which have a significant inventory of historic structures. Housinq Element 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. Housinq Element Policv A-12.3: In evaluating proposals for new development or redevelopment, the Cify 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. Housinq Element Policv A-12.4: The City will provide planning and technical assistance to implement neighborhood-supported initiatives aimed at preserving the character of existing residential areas. Such assistance may involve the formulation of regulations that would limit the size and scale of new homes to be consistent with existing structures within a defined neighborhood, and analysis of the housing inventory to determine if the area qualifies for designation as a historic district, and similar measures. The increase of density within this historically designated area will increase the traffic volumes and with this particular amendment proposal could negatively modify circulation patterns. Further, it will allow development inconsistent with the desired development pattern of the OSSHAD district. This desired development pattern is explained in the "Purpose and Intent" section of the LDRs and calls for encouraging the restoration or preservation of historic structures and, maintaining and enhancing the historic and pedestrian scale of the area. Uses and development densities that are currently allowed in the OSSHAD promote the preservation and adaptive reuse of all structures within the District. Increase in the intensity of use of the property available under the CBD will have an adverse impact on the stability of this historic area and allow development inconsistent with the scale of the remainder of the historic district. Additionally, the proposed amendment has the potential to negatively affect the historic neighborhood environment of the Old School Square Historic District by impacting the safety, habitability, and stability of the residential area. The properties to the west continue to be single- family residences (although vacant), as are the majority of the properties along the west side of 4 Planning and Zoning Board Memorandum Staff Report, September 17, 2007 Amendment to LDR Sections 4.4.24(6)(12), 4.4.24(F)(1)(a) SE 1S` Avenue, within Block 70, located to the south. Therefore, positive findings cannot be ANALYSIS As previously noted, the property is currently regulated by the OSSHAD which is a mixed use zoning district intended to: 1. Provide for mixed uses of residential, office, and commercial activities, with an emphasis on the arts, that will encourage the restoration or preservation of historic structures and, yet, maintain and enhance the historic and pedestrian scale of the area; 2. Stimulate greater awareness and pride in the City's architectural heritage, and create an atmosphere and feeling of "Old Delray Beach"; 3. Improve the environmental quality and overall livability of this Historic District and stabilize and improve property value therein, and; 4. Allow uses which promote preservation and adaptive reuse of all structures within the District. The CBD was "established in order to preserve and protect the cultural and historic aspects of downtown Delray Beach and simultaneously provide for the stimulation and enhancement of the vitality and economic growth of this special area. The regulations within the Central Core, within which the subject property lies, are "intended to result in development that preserves the downtown's historic moderate scale, while promoting a balanced mix of uses that will help the area evolve into a traditional, self-sufficient downtown. Further, "residential development is permitted at higher densities in this area than any other part of the city, in order to foster compact, pedestrian oriented growth that will support downtown businesses." There are clear differences between the purposes and intents of the OSSHAD and CBD zoning districts. Overall, the CBD does not note the preservation of historic structures. CBD strives to protect historic aspects of the downtown, such as the scale, which is low-scale, particularly when looking to the surrounding municipalities and their larger height maximums. However, when compared with the historic districts, the CBD scale is not compatible in that it is taller and permits more scale and massing. Therefore, the OSSHAD intent is more appropriate as are its development requirements with the intentions to maintain the historic development pattern of the original Town of Delray neighborhood. As previously noted, the proposed amendment will allow the incursion of a more intense development having reduced setback requirements and a potential for greater height into an historic district having zoning regulations that established a mixed use district with a less intensity of uses, density, and scale and massing. The chart below gives a comparison of the development standards applicable to the proposed amendment and conditions of the subject property: OSSHAD CBD -Central Core Difference Hei ht" 35' 48' +13' Lot Covers a 40% --- Cannot determine difference O en S ace 25% 10% -15% Lot Size 8,000 s uare feet 0 --- Lot Width 80' 0 --- Lot De th 100' 0 --- 5 Planning and Zoning Board Memorandum Staff Report, September 17, 2007 Amendment to LDR Sections 4.4.24(6)(12), 4.4.24(F)(1)(a) OSSHAD CBD -Central Core Difference Lot Fronta a 80' 0 --- Setbacks** 1~` & 2"d Stories Uo to 25' 5'-10', depending on 70%-90%=15'-20' Front 2S ground floor use; ' ' closer; -10 max.; 70%-90% = 5 10%-30%=10' closer; 10%-30% = 15' min. Side-Interior 7'6" 0' 7'6" closer 5'-10', depending on 70%-90%=5'-10' Side-Street 15' ground floor use; closer; 70%-90% = 5'-10' max. 10%-30%=No 10%-30% = 15' min. difference Rear 10' 10' No Difference 3rd Storv-Over 25'-48' The floor area for the At least 70% = 15' min.; Front third floor shall be Up to 30% = 5'-10' min. limited to 50% of the 10' 0' Cannot determine second floor area and or difference. Side-Interior (depending on vehicular the building setbacks access to rear of ro ert or planes of the fagade Side-Street are offset and varied to See Front (above) Rear provide visual relief. 1 p• 4`" Storv -Over 37' Front At least 70% = 15' min.; Up to 30% = 5'-10' min. i 0' or 10' Side-Interior (OSSHAD height limit (depending on vehicular OSSHAD height limit ' is 35') access to rear of ro ert is 35 Side-Street See Front (above) Rear 22""" "Additional height exceptions would not apply *` See LDR Section 4.4.13 "" Pursuant to LDR Section 4.6.4(A)(1)(a)(ii). Otherwise, rear setback is 10'. See Appendix A for a comparison of the permitted uses within both the OSSHAD and CBD zoning district. The following statement was submitted in justification of the subject amendment: °The applicant is seeking to build an office building, which is much more in the character of the surrounding area. The development pattern surrounding this property is more typical to the CBD development regulations than the OSSHAD zoning regulations. To the north of the property is the Bob Federspiel Parking Garage which is subject to the CBD development regulations, as are all the lots to the north of the garage, fo Lot 24. To the east of the property is the proposed Worthing Place project, which is located in the CBD zoning district." As stated in the narrative, the applicant notes that the development of an office building is desired, which is in character with the surrounding area. The surrounding area includes the CBD zoning district (located both within, as an overlay, and outside of the Old School Square 6 Planning and Zoning Board Memorandum Staff Report, September 17, 2007 Amendment to LDR Sections 4.4.24(6)(12), 4.4.24(F)(1)(a) Historic District) and the Old School Square Historic District (properties zoned OSSHAD). The properties to the west of the property are contributing structures within the subject historic district, and will be the most affected by the proposed amendment. This is of concern as those properties that have not yet benefited from redevelopment could be further hindered as there would be less incentive for the rehabilitation and adaptive reuse of those properties. The properties to the north are located within the Old School Square Historic District and subject to the CBD uses and design standards. However, the east-west alleyway serves as a physical boundary between those properties and the subject property. Further, it appears that development outside of the designated historic district is being used to justify inappropriate regulations within the historic district such as the Worthing Place development located across SE 15' Avenue. If development outside of the historic districts justifies changing regulations within the historic district, then the same rationale could be applied to Block 70, located just to the south of the subject property and within the Old School Square Historic District. ~, The desire is "to build an office building, which is more in character of the surrounding area." It is noteworthy that a historic structure is located on the property, and that the subject property is located within a designated historic district. The justification centers around the desire to build an office building. However, office is a use allowed in the OSSHAD zoning district. While the development pattern surrounding this property is of CBD, the lots to the east (across SE 15` Avenue) are not in a designated historic district. While the lots to the north are located in a designated historic district, they contain a physical boundary (alleyway) between the adjacent properties within the Old School Square Historic District. It should be noted that it was made clear during the review for the amendment to the north that providing CBD overlay of permitted uses and development standards for those properties would not be precedent setting. The justification statement for the subject request illustrates the opposite. The OSSHAD district is typified as a low intensity mixed use district that allows single family residential, professional offices, boutiques, etc. The intensity allowed as principal uses as well as the more liberal development standards in the CBD zoning district, such as setbacks and height, for the subject property is incompatible with the historic district. Consequently, a positive finding cannot be made with respect to LDR Section 2.4.5(M)(5). The Comprehensive Plan calls for the preservation of historic resources, which is not achieved by the proposed amendment. Therefore, a positive finding can be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive Plan. h h v~td, a '?r. _.~ w.:.., m::~ by ~~_ , . +r+:,¢ ??+.. r ,~ ,r rm__,;.. ~: ~.a, c,, , ~ ,+r „_a,.....: ~ ,::_ . r9 ~+ The Historic Preservation Board (HPB) considered the subject LDR Amendments at its meeting of September 5, 2007. A recommendation to deny the amendment was made by a vote of 4-1. The Community Redevelopment Agency (CRA) considered the subject LDR Amendments at its meeting of September 6, 2007. A recommendation to deny the amendment was made by a vote of 5-0. Public Notice Since the proposed LDR text amendment is site specific, a public notice has been provided to property owners within a 500' radius of the subject property. Planning and Zoning Board Memorandum Staff Report, September 17, 2007 Amendment to LDR Sections 4.4.24(6)(12), 4.4.24(F)(1)(a) Letters of objection and support, if any, will be presented at the meeting. A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulation Section 4.4.24(6)(12) and 4.4.24(F)(1)(a), Ordinance 31-07, allowing the permitted uses and development standards excluding the exceptions to additional height in the CBD for Lots 16 thru 18, Less the South 75', Block 69 by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulation Section 4.4.24(6)(12) and 4.4.24(F)(1)(a), Ordinance 31-07, allowing the permitted uses and development standards excluding the exceptions to additional height in the CBD for Lots 16 thru 18, Less the South 75', Block 69 by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M). Recommend denial to the City Commission of the amendment to Land Development Regulation Section 4.4.24(6)(12) and 4.4.24(F)(1)(a), Ordinance 31-07, allowing the permitted uses and development standards excluding the exceptions to additional height in the CBD for Lots i6 thru 18, Less the South 75', Block 69 by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M). Attachments: • Appendix A -Chart of Permitted Uses within OSSHAD and CBD • Exhibit "A" [Proposed Amendment] • Exhibit "B" [Context Map] • Location Map • Justification Statement 8 Planning and Zoning Board Memorandum Staff Report, September 17, 2007 Amendment to LDR Sections 4.4.24(6)(12), 4.4.24(F)(1)(a) e ~ .. ~~~ z ~,. a ~ ,r ~ r~, ~ ,i. OSSHAD CBD -Central Core Permitted Uses Single family and duplex dwellings X --- Business, Professional, Medical and X Governmental Offices X (Except Government Offices) Retail sales through specialty shops (single purpose businesses) X X Restaurants of a sit down nature X X Arts related businesses X X Educational and/or Instructional activities (including training, vocational, or craft schools, the X X arts, personal development, and libraries, museums, and social and philanthropic institutions) Libraries and museums X X Personal services (barbershops, beauty shops, salons, cosmetologists) X X Catering services X (not associated with a restaurent) X Bed and breakfast inns X X Group Home, Type 1 X General retail ___ X Business and professional office X X Services and facilities (See 4.4.13(6)(3)) ___ X Multi-family --- (As aconditional use in a X mixed-use structure Hotels, motels, bed and breakfast inns, and X residential-type inns (Bed 8 Breakfast Inn Only) X Permitted Conditional Uses Multi-(amity dwellings in a mixed-use structure --- X (Allowed as combination of ermitted uses Outdoor dining X X Adult Congregate Living Facilities, Residential Licensed Service Provider Facilities, Child Care, Adult Day Care, Continuing Care, Convalescent X X Homes, and Nursing Homes Parking lots not associated with a use (i.e. public parking) X -- Residential-type inns X --- As a ermitted use Group Home X X Group Home, Type 2, and Community X Residential Homes OSSHAD CBD -Central Core 9 Planning and Zoning Board Memorandum Staff Report, September 17, 2007 Amendment to LDR Sections 4.4.24(6)(12), 4.4.24(F)(1)(a) Permitted Conditional Uses Multi-family dwelling units, excluding duplexes, at a density greater than thirty (30) units per acre, on property located south of N.E. 2nd Street and '-' X north of S.E. 2nd Street Wash establishment, with automatic/mechanical systems only, for vehicles "'" X Flea markets, bazaars, merchandise marts, and --~ X similar retail uses Playhouses, dinner theaters, and places of assembly for commercial entertainment purposes '"" X Movie theaters ___ X Veterinary clinics ___ X Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf ___ X courses, skating rinks Gasoline stations or the dispensing of gasoline directly into vehicles X Funeral homes including accessory uses ___ X Financial institutions ___ X Child care and adult day care ___ X Amusement game facilities ___ X Residential licensed service provider X Adult congregate living facilities X 10 Ti YLTTTlTT Q N PROPOSED LDR AMENDMENT CBD OVERLAY -_- IN OSSHAD ON LOTS 16, 17, 18 (LESS S. 75') BLOCK 69 Ptt OF pELftAY BEApI, FL PLANNING k ZONING OEPARIMENT LOCATION MAP 1-STORY 2-STORY SUNDY HOUSE EXPANSION PROPERTIES CBD ZONING OVERLAY OLD SCHOOL. SQUARE CONTRIBUTING NON-CONTRIBUTING CONTRIBUTING NON-CONTRIBUTING DISTRICT BOUNDARIES ~ O ~ ^ Q -- D/C/UL H45E MAP SYS~FM -- MRP REF: 5:\Planning k Zoning\OBMS\PROJECTS\HIST DISTRICTS\Proposed lDR Amendment 1 r i I 1 1 ~ .~~ ` ~ I' I i ~ N.G SM r I 1p I ' ( I ~ I I 1 ~' 'BOY SLOI/T I TRIM rY ~ N,E SM I ! SC ~ ! z° r f NUT LUFIERAN ~ I~ I I '1° I COM . h I I I N OK D ' 1 I I I. I I z _ IY'K r~ I I ~1. I ; GREENS R ROAD 1•Y fm s*) A .M sr. Posr CASON OTfICE MEMDA'ST ON/Rd! x z S o Ls ze I I 1a r• A xL Si x Y. ]RII T• 9 T• I jl W : Z an ~ e le ArroRNEr _ „ E ~ I ' BUKOING < I I I I I I o I ~ I Y T ° I MNL LV TIER NxG R. MM[ N.Y LQ SI MC I' Tryp Sl •I I 1 f 1 f 1 1 z r S GTV o z HALL . z f Ie N I I II'I 16 t xc Isr r x 1 r sr. Isl N i COMMWM rY I T CENTER - Z I FME z ~I STA R(W I rENMS Iz a,0 v s rArnDM saooc I I I- I: I ~ I mo. NO 1 ~ SWAFE I I I I I 11 I I I I I i 1 A T L A N TIC ~ ~ A V E N U E 1 POLICE 1 SOUM I I I I I I I I ! ~ ~ ~ a COMPLEX I COURT s H I I I NOUSE ` rz Y j TI ~ Y < m re s le St ISr SI. SIL rfr Sf. S 151 Si. I I I I I a BURY ' I E I _ I ~ ~~ II 1 • Sx_ ~ TNp $r iC Ira SI. 11 .1 I. II ; i l Y 11 q f q Y = 1 Z ~`) OSSHAD LOTS SUBJECT TO C.B.D. REGULATIONS ~~ ........ OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD) GTY (N- DELRAr BCgCN, FL RANMfIG k ZONING OEOgprYENr ®-E1llSTplGIOtS ®-RYOPOSEDLOTS ~ ~-BLOCK MIp®ER s -TOT NI/.BER -- dG1AL 64TE •L•P S15lEU -- uM RET: UMI}1 JUSTIFICATION STATEMENT SUBMITTED BY APPLICANT "Justification" This text amendment is to allow the permitted uses and development standards in the CBD to apply to the following property located within OSSHAD: Lots 16, 17 aad 18, ~s'~he South 75 feet thereof, SUBDIVISION OF BLOCK 69, DELRAY EA H, according to the plat thereof, as recorded in Plat Book 2, Page(s) 43, o~ublic Records of Palm Beach County, Florida The applicant is seeking to build an office building, which is much more in the character of the surrounding area. The development pattern surrounding this property is more typical to the CBD development regulations than the OSSHAD zoning regulations. To the north of the property is the Bob Federspiel Parking Garage which is subject to the CBD development regulations, as are all the lots to the north of the garage; to Lot 24. To the east of the property is the proposed Worthing Place project, which is located in the CBD zoning district. -. Moreover, there are several sections of the Comprehensive Plan that support the proposed text amendment including but not limited to the following: Future Land Use Element Objective A-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. Housing Objective A-12 - To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline. Any increase in the intensity associated with this property will be negligible. Pursuant to LDR Section 2.4.5(M)(5), the text amendment is consistent with and furthers the goals, objectives, and policies of the Comprehensive Plan. WEINER 8 ARONSON, P.A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, FL 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: mweiner@zonelaw.com MICHAEL S. WEINER CAROLEJ.ARONSON November 19, 2007 Susan Ruby, Esquire City Attorne~r's Office 200 N.W. 15 Avenue Delray Beach, Florida 33444 Ms. Chevelle Nubin City Clerk The City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Re: Ordinance No. 31-07 Our File No.: ZENG006 Dear Susan, Chevelle and Paul: ~~~~~~~ NOV t ~ ZOOI` CI~"1r ~L~AK We respectfully request a ninety (90) day postponement for Item 10.C. on November 20, 2007 City Commission Agenda regarding Ordinance No. 31-07. If you have any questions, please contact me. Thank you very much for your Very tr y ours, ~,~` \~ ~ Michel S?dNeiner MSW: ek Cc: Mr. Jim Zengage Mr. Francisco Perez Ms. Ashlee L. Vargo Via Hand Delivery JASON S. MANKOFF KERRY D. SAFIER Mr. Paul Dorling Director of Planning and Zoning City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 O:\Z8N1006\I,etter to City re postponement Nov 19.2007.doc MEMORANDUM TO: MAYOR AND ITY COM S NERS FROM: RONALD H ARD, I P, IPAL PLANNER PAUL DORLING, AICP, DIREC OR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: SUBJECT: ITEM BEFORE COMMISSION ''`` o The item before the Commission is that of adoption of Comprehensive Plan Amendment 2007- 2. BACKGROUND Comprehensive Plan Amendment 2007-2 was approved on first reading on August 7, 2007 and transmitted to the Florida Department of Community Affairs (DCA) for review. The Amendment included one (1) City-initiated Future Land Use Map Amendment, four (4) City-initiated Text Amendments, and one (1) Privately-initiated Text Amendment. DCA staff reviewed the transmitted amendment and did not issue an Objections, Recommendations, and Comments (ORC) Report. It is noted that four additional City-initiated text amendments related to capital improvement scheduling are being added to the 2007-2 Amendment prior to adoption. These include the following: • The City's Five-Year Capital Improvements Schedule (Table CI-CIP) has been updated; • The Palm Beach County School District's Capital Improvement Schedule (Table SD-CIP) has been updated; • Modification of Capital Improvement Element Policy A-3.7 referring to Table SD-CIP; and • Modification of Capital Improvement Element Policy A-8.3 referring to Table SD-CIP. The 2007-2 amendment now includes one (1)City-initiated Future Land Use Map Amendment, eight (8) City-initiated Text Amendments, and one (1) Privately-initiated Text Amendment. A brief description of each item is provided below and a full analysis is contained in the attached Comprehensive Plan Amendment and support documents. 1. Text Amendments a. City initiated: Future Land Use Element -Modification of the description of the GC (General Commercial) Future Land Use designation to increase the allowable NOVEMBER 14, 2007 City Commission Documentation, Meeting of November 20, 2007 Adoption of Comprehensive Plan Amendment 2007-2 percentage of building area devoted to residential use from 15% to 75% at a maximum density of 30 units per acre within the Four Corners Overlay District, subject to the provision of workforce housing; b. City initiated: Future Land Use Element -Modification of Policy A-7.2 to include the provision of workforce housing in the Four Corners Overlay District; c. City initiated: Future Land Use Element -Modification of the description of the TRN (Transitional) Future Land Use designation to allow for increased residential density up to 24 units per acre within the Carver Estates Overlay District, subject to the provision of workforce housing; City initiated: Future Land Use Element -Expansion of the Southwest Neighborhood Area Overlay District to include properties located % block on either side of SW 12`" Avenue, between SW 2"' Street and SW 3`d Street. This overlay district allows a maximum density of 24 units per acre, subject to the provision of workforce housing; e. City initiated: Capital Improvement Element -Modification of Table CI-CIP (5-Year Capital Improvements Schedule For Projects > $25,000) to reflect adoption of the FY 2007-2011 Capital Improvement Program; City initiated: Capital Improvement Element -Modification of Table SD-CIP, School District of Palm Beach County Capital Improvement Schedule; g. City initiated: Capital Improvement Element -Modification of Policy A-3.7 to reflect a change in one of the timeframes in the Palm Beach County School District's Capital Improvement Schedule (Table SD-CIP) from six years to five years. h. City initiated: Capital Improvement Element -Modification of Policy A-8.3 to reflect changes in the format of the Palm Beach County School District's Capital Improvement Schedule (Table SD-CIP). Privately initiated: Future Land Use Element -Modification of the description of the Medium Density Residential Future Land Use designation to accommodate expansion of the Carver Estates Overlay Area to include the south portion of the Auburn Trace Development. This area is currently located within the Infill Workforce Housing Area which allows up to 18 units per acre, subject to the provision of workforce housing. Within the Carver Estates Overlay Area, the maximum density will increase to 24 units per area. 2. Future Land Use Map Amendments a. City initiated Future Land Use Map amendment for approximately 3.9 acres, located block on either side of SW 12th Avenue, between SW 2nd Street and SW 3rd Street, from LD (Residential Low Density 0-5 du/ac) to MD (Residential Medium Density 5-12 du/ac). REVIEW BY OTHERS The Planning and Zoning Board held its public hearing regarding the Comprehensive Plan Amendment on July 16, 2007. Presentations were made by the applicants for the two privately initiated text amendments and one member of the public spoke against aprivately-initiated text 2 City Commission Documentation, Meeting of November 20, 2007 Adoption of Comprehensive Plan Amendment 2007-2 amendment that has since been eliminated. The Board voted to recommend approval of the FLUM amendment and all of the remaining original text amendments, by adopting the findings of fact and law contained in the staff report and finding that the Future Land Use Map amendment and approval thereof is consistent with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. RECOMMENDATION By motion, approve on second reading, Ordinance No. 22-07, adopting Comprehensive Plan Amendment 2007-2, by adopting the findings of fact and law contained in the staff report and finding that the Amendment supports and furthers the Goals, Objectives and Policies of the Comprehensive Plan and finding that the Future Land Use Map Amendment (item 2.a.) is consistent with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan, and transmit the adopted Amendment to the Florida Department of Community Affairs. Attachments: • Ordinance No. 22-07 • Comprehensive Plan Amendment 2007-2 3 ORDINANCE NO.22-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSNE PLAN AMENDMENT 2007-2, PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSNE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTION 163.3161 THROUGH 163.3243, INCLUSNE; ALL AS MORE PARTICULARLY DESCRIBED IN EXIIIBIT "A" ENTITLED "COMPREHENSNE PLAN AMENDMENT 2007-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. WHEREAS, the City of Deh•ay Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, lrnown as the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan -Delray Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepaze an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2007-2; and WHEREAS, the Planning and Zoning Boazd, as Local Planning Agency, following due public notice, held a public hearing on July 16, 2007, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, after the above referenced public hearing, the Planning and Zoning Boazd, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 2007-2 be transmitted; and WHEREAS, pursuant to Florida Statutes 163.3174(4), the Planning and Zoning Boazd, sitting as the Local Planning Agency, has detennined that the changes are consistent with and firrther the objectives and policies of the Comprehensive Plan; and WHEREAS, proposed Comprehensive Plan Amendment 2007-2 was submitted to and reviewed by the City Commission; 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, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 2007-2 was held by the City Commission on August 7, 2007, at which time it was authorized to be transmitted to the Florida Department of Community Affairs for required review; and WHEREAS, Comprehensive Plan Amendment 2007-2 was found to be in compliance by the Florida Department of Community Affairs and no ORC (Objections, Recommendations & Comments) Report was issued; and WHEREAS, following due public notice, the second of two required public hearings on Comprehensive Plan Amendment 2007-2 was held on November 20, 2007, in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CTI'Y OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land Development Regulation Act." Section 3. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 2007-2," which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 4. That the document entitled "Comprehensive Plan -Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2007-2. Section 5. That should any section or provision of this ordinance or any portion thereof, any pazagraph, sentence, or word be declazed 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 pazt declared to be invalid. ORD. NO. 22-07 Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That the effective date of this ordinance, is upon the date a final order is issued by the Department of Community Affairs( DCA) finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. PASSED AND ADOPTED in regular session on second and fmal reading on this the day of , 2007. ATTEST MAYO R City Clerk First Reading Second Reading ORD. NO. 22-07 CITY OF DELRAY BEACH, FLORIDA Planning & Zoning Board Transmittal Public Hearing July 16, 2007 City Commission Transmittal Public Hearing August 7, 2007 City Commission Adoption Public Hearing November 20, 2007 TABLE OF CONTENTS Page TEXT CHANGES - (CITY INITIATED) 1 Future Land Use Element -Modification of the description of the GC (General Commercial) Future Land Use designation. 6 Future Land Use Element -Policy A-7.2 (Workforce Housing Densities) 7 Future Land Use Element -Modification of the description of the TRN (Transitional) Future Land Use designation. 8 Future Land Use Element -Modification of the description of the Medium Density Future Land Use Designation to expand the Southwest Neighborhood Overlay District. 9 Capital Improvement Element -Table CI-CIP, Table CI-CIP (5-Year Capital Improvements Schedule For Projects > $25,000). 9 Capital Improvement Element -Table SD-CIP, School District of Palm Beach County Capital Improvement Schedule. 10 Capital Improvement Element -Policy A-3.7 (Concurrent) 11 Capital Improvement Element -Policy A-8.3 (Table SD-CIP) TEXT CHANGES - (PRIVATELY INITIATED) 11 Future Land Use Element -Modification of the description of the Medium Density Residential Future Land Use designation to expand the Carver Estates Overlay District. AMENDMENTS TO THE FUTURE LAND USE MAP - (CITY INITIATED) 15 Southwest Neighborhood Area - SW 12~h Avenue CITY OF DELRAY BEACH, FLORIDA TEXT CHANGES CITY INITIATED TEXT CHANGES: 1) Location: Future Land Use Element - Pg. FL-43, Description of the General Commercial FLUM designation. General Commercial: This designation is applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services. Light industrial type uses such as fabrication and assembly are permissible under this designation when located in the special overlay district between Federal Highway and Dixie Highway, north of N.E. 14th Street to the north City limit. A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses. Residential uses may comprise up to 15% of the total floor area. Residential uses are permitted either in conjunction with a commercial use, or as a stand alone use subject to Conditional Use approval. Residential density is limited to a maximum of 12 dwelling units per acre, except in Redevelopment Area #6 (Lindell/Federal Highway) where residential densities may be allowed up to a maximum of 16 units per acre subject to Conditional Use approval and the criteria outlined in the Redevelopment Plan for that area. Areas with this designation, located within a workforce housing overlay district, may also exceed 12 units per acre up to a maximum of 18 units per acre by obtaining density bonuses through the provision of workforce housing units. Change: REVISION General Commercial: This designation is applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services. Light industrial type uses such as fabrication and assembly are permissible under this designation when located in the special overlay district between Federal Highway and Dixie Highway, north of N.E. 14th Street to the north City limit. A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses except for mixed-use development within the Four Corners Overlay District where the nonresidential component is limited to an FAR of 2.0. Residential uses may comprise up to 15% of the total floor area, except within the Four Corners Overlay District where residential uses may comprise up to 75% of the total floor area. Residential uses are permitted either in conjunction with a commercial use, or as a stand alone use subject to Conditional Use approval. Residential density is limited to a maximum of 12 dwelling units per acre, except in Redevelopment Area #6 (Lindell/Federal Highway) where residential densities may be allowed up to a maximum of 16 units per acre subject to Conditional Use approval and the criteria outlined in the Redevelopment Plan for that area. Areas with this (1) CITY OF DELRAY BEACH, FLORIDA designation, located within a workforce housing overlay district, may also exceed 12 units per acre up to a maximum of 30 units per acre within the Four Corners Overlay District and 18 units per acre within the infill workforce housing area, by obtaining density bonuses through the provision of workforce housing units. Comment: This revision is being made to support the creation of the Four Corners Overlay District. The new overlay district implements the adopted Florida Public Officials Design Institute's report that encourages mixed-use development, including office, commercial and residential uses utilizing new urbanism design elements. This report was generated on December 9th and 10~' of 2004, by the Florida Public Officials Design Institute of Abacoa (a collaboration of Florida Atlantic University Center for Urban and Environmental Solutions and South Florida Community Leaders) for the Four Corners site which includes the four commercial nodes at the intersection of West Atlantic Avenue and Military Trail. The Institute published the development recommendations in a "Design Institute Report". The Design Institute's recommendation for the Four Corners site was that a master plan in which this site would be connected as part of a cohesive development of the intersection be prepared. The report included recommendations that the development mass be increased at the corners and that incentives be implemented to provide mixed-use development, including workforce housing. Specific recommendations included: • Future development should highlight opportunities for a transit orientated development (TOD) which includes mixed-use development; (TOD is usually a mixed-use development including moderate to high density housing that emphasizes a pedestrian orientated environment and encourages the use of public transportation); • Encourage mixed-use development with commercial or office on the ground floor and residential above while utilizing new urbanism design elements; • Encourage adaptive reuse of existing structures and implement zoning changes which promote mixed-use; and • Overall focus for the sites should be to distinguish this intersection from others along the Military Trail corridor. The overlay district is being created to encourage mixed-use redevelopment of this prominent intersection within the City of Delray Beach through the implementation of more flexible development standards, including greater building heights (up to 60 feet), and increased residential densities. The overlay district will provide for a mix of office, commercial and residential uses, including workforce housing. Office and general retail uses, including direct support services and other retail uses, will be allowed at 100% of the overall building square footage. Multifamily residential development, wilt be permitted up to a maximum density of 30 units per acre and limited to a maximum of 75% of total building square footage. A minimum of 20% of these residential units are to be workforce housing units; are to be moderately priced units; and are subject to the City's Workforce Housing Ordinance (LDR Article 4.7). By reducing the maximum FAR for nonresidential uses from 3.0 to 2.0, when part of a mixed-use project, the overall intensity will not be increased. (2) Overall, the proposed text amendment is about providing opportunities and incentives to spur redevelopment in the direction that the City needs to go. Although the City can provide this opportunity for change, the private sector will ultimately be responsible for the redevelopment. It is acknowledged that redevelopment of the four corners area will be a long term process, well beyond the current planning period. The concurrency analysis assumes total redevelopment of all of the property in the overlay district at the maximum intensity allowed under the new provisions. As shown on the following table, since the maximum nonresidential FAR is being reduced for mixed-use development from 3.0 to 2.0, the development of a mixed-use project under the new provisions would result in a substantial reduction in nonresidential building area. Therefore, the maximum development potential with the proposed amendment would be to eliminate the residential component completely and develop a retail only project at an FAR of 3.0. This results in a net reduction in development potential from what was previously permitted. A comparative analysis of the maximum mixed-use development of the property has been provided to support this conclusion. Traffic: An analysis of the traffic impacts associated with mixed-use development was conducted. Since the residential development generates less traffic than the reduced retail uses, its addition to the land use mix will represent a net reduction in potential traffic volumes. Therefore, a retail only scenario at the maximum FAR of 3.0 would generate more traffic than mixed-use development. Table 2: Trip Generation Comparison Mixed-Use Development Four Corners Overlay District EXISTING ~atiif'Use " . , ~ ,. IiE ~.. .' Int~nsi"ty. ..,~- } ~ x~ ar, ~..,. trr`f ;, fin`" raf4dn,Rat~ ,. ... .: Fota[ Trips ; Retail Sho in Center 820 8,115,228 LN =0.64 LN X +5.87 112,528 Residential Apartments 220 745 7.00 5,215 TOTALS 117,743 PROPOSED (MIXED-USE) Wnd Use ITE ! Intetysltyr{ 7rtpGexteratiorxiRete. ' Totel7rips ', Retail Sho pin Center 820 5,410,152 LN =0.64 LN(X)+5.87 86,809 Residential Apartments 220 1,863 7.00 13,041 TOTALS 99,850 (3) Table 1: Mixed-Use Development Potential Four Corners Overlay District 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. 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 (4) obtaining South Florida Water Management District permits within the area and any additional impacts caused by 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 sufi!cient recreation facilities at build-ouf 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. Since no proposed project exists at this time, a formal determination by the school board has not been made. Development of all the property at the maximum density is unlikely. The total number of residential units which may ultimately be constructed in this area is unknown at this time. In any event, all future development proposals will be required to meet concurrency prior to approval. Solid Waste: As shown on the following table, with the amendment, the development of a mixed-use project would result in a net decrease in solid waste generation. 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. The Future Land Use Map, depicting the Four Corners Overlay District, is attached as Support Document #3. (5) Table 3: Solid Waste Generation Mixed-Use Development Four Corners Overlay District 2) Location: Future Land Use Element - Pg. FL- 27, Policy A-7.2 (Workforce Housing) Policv A-7.2: Workforce Housing Overlay Districts shall be identified on the Future Land Use Map. The maximum density within these districts shall be as follows: • The MROC (Mixed Residential Office Commercial) zoning district shall have a maximum density of 40 units per acre except within the Tri-rail Station Overlay where the maximum density is 50 units per acre. • The Southwest Neighborhood and Carver Estates Overlay Districts shall have a maximum density of 24 units per acre. • The I-95/CSX RR Corridor Overlay District shall have a maximum of 24 units per acre. • The SW 10~' Street Overlay District shall have a maximum density of 12 units per acre. • All other Overlay Districts shall have a maximum density of 18 units per acre. Change: REVISION Policv A-7.2: Workforce Housing Overlay Districts shall be identified on the Future Land Use Map. The maximum density within these districts shall be as follows: • The MROC (Mixed Residential Office Commercial) zoning district shall have a maximum density of 40 units per acre except within the Tri-rail Station Overlay where the maximum density is 50 units per acre. • The Southwest Neighborhood and Carver Estates Overlay Districts shall have a maximum density of 24 units per acre. • The I-95/CSX RR Corridor Overlay District shall have a maximum of 24 units per acre. • The SW 10~' Street Overlay District shall have a maximum density of 12 units per acre. • The Four Corners Overlav District shall have a maximum density of 30 units per acre. • All other Overlay Districts shall have a maximum density of 18 units per acre. Comment: This revision is being made to support the addition of a Workforce Housing Overlay District. A Four Corners Overlay District, which is being created to encourage mixed-use redevelopment, will provide for a mix of office, commercial and residential uses, including workforce housing. If residential development is included within a project's development mix, a minimum of 20% of the units must be workforce housing. All of the areas where additional density may be applied to support the City's effort to encourage the provision of workforce housing have been identified and are included on the Future Land Use Map. See Support Document #2 -Map of Existing Workforce Housing Overlay Areas and Map of Congress Avenue Mixed Use FLUM designation. The proposed Future Land Use Map, depicting the Four Corners Overlay District, is attached as Support Document #3. (6) 3) Location: Future Land Use Element - Pg. FL-42, Description of the Transitional FLUM designation. TRANSITIONAL LAND USES: This designation is applied to land which is developed, or is to be developed, for either residential or nonresidential uses. In some instances this designation provides for a transition between less intensive residential use and commercial uses. In other instances, this designation allows the establishment of uses which are compatible with adjacent residential use. When Neighborhood Commercial Zoning is placed within or adjacent to a residential area, such zoning shall be limited to two acres, or less, which is sufficient to accommodate the needs of an immediate residential neighborhood. While in others, it provides for uses which are not as intensive as general commercial in areas where residential use is not desirable and/or appropriate. Residential development at a density between five and twelve units per acre, mobile home parks and apartment development in addition to condominiums, Continuing Care Facilities, A.C.L.F., and various types of group homes are appropriate under this designation. Areas with this designation, located within a workforce housing overlay district, may exceed 12 units per acre up to a maximum of 18 units per acre by obtaining density bonuses through the provision of workforce housing units. Nonresidential development at an intensity equivalent to that associated with medium density residential land uses is also appropriate. Change: CORRECTION TRANSITIONAL LAND USES: This designation is applied to land which is developed, or is to be developed, for either residential or nonresidential uses. In some instances this designation provides for a transition between less intensive residential use and commercial uses. In other instances, this designation allows the establishment of uses which are compatible with adjacent residential use. When Neighborhood Commercial Zoning is placed within or adjacent to a residential area, such zoning shall be limited to two acres, or less, which is sufficient to accommodate the needs of an immediate residential neighborhood. While in others, it provides for uses which are not as intensive as general commercial in areas where residential use is not desirable and/or appropriate. Residential development at a density between five and twelve units per acre, mobile home parks and apartment development in addition to condominiums, Continuing Care Facilities, A.C.L.F., and various types of group homes are appropriate under this designation. Areas with this designation, located within a workforce housing overlay district, may exceed 12 units per acre up to a maximum of 24 units per acre within the Carver Estates Overlay District and 18 units per acre within the infill workforce housing arm by obtaining density bonuses through the provision of workforce housing units. Nonresidential development at an intensity equivalent to that associated with medium density residential land uses is also appropriate. Comment: The Carver Estates Overlay Area was modified in Comprehensive Plan Amendment 2005-2 to increase the maximum density from 12 units per acre to 24 units per acre, subject to the provision of workforce housing. A text amendment was ~~) processed whereby, the description of the Medium Density Future Land Use Map designation was modified to include provisions for this increased density. As shown in the Planning & Zoning Board Staff Report, containing the ORC response submitted with the 2005-2 amendment (See Support Document #4), the FLUM designation for the Carver Estates Overlay District was Transitional -not Medium Density Residential. Accordingly, the modifying language associated with this overlay district should have been included in the description of the Transitional Designation instead of the Medium Density Designation. The current text amendment is being made to correct this error. Although this correction also includes striking the language associated with the Carver Estates Overlay District from the description of the Medium Density residential Designation, that correction is not being included here, because aprivately-initiated text amendment seeks to expand the Carver Estates Overlay District northward into the Medium Density FLUM designation. However, if that text amendment is not approved as part of this Comprehensive Plan Amendment, the Medium Density description will be modified accordingly. (See Text Amendment #5 below) 4) Location: Future Land Use Element - Pg. FL-42, Description of the Medium Density FLUM designation. Medium Density: This designation is applied to land which is developed, or is to be developed, at a density between five and twelve units per acre. Residential density is limited to a maximum of 12 dwelling units per acre, except within the portion of the Southwest Neighborhood Area Overlay District, between the commercial area along West Atlantic Avenue and SW 2nd Street, from Swinton Avenue to Interstate 95, where the density may exceed 12 units per acre, up to a maximum of 24 units per acre subject to Conditional Use approval and the recommendations and strategies outlined in the Southwest Area Neighborhood Redevelopment Plan. Areas with this designation, located within a workforce housing overlay district, may also exceed 12 units per acre, up to a maximum of 24 units per acre within the Carver Estates Overlay District and 18 units per acre within other overlay districts by obtaining density bonuses through the provision of workforce housing units. Such land is usually developed in planned communities or exists in older areas where there are duplexes and condominiums. Home ownership is characteristic of this designation. Where this designation exists, uses other than those which are residential in character shall not be considered. Change: REVISION Medium Density: This designation is applied to land which is developed, or is to be developed, at a density between five and twelve units per acre. Residential density is limited to a maximum of 12 dwelling units per acre, except within the portion of the Southwest Neighborhood Area Overlay District Iying between the commercial area along West Atlantic Avenue and SW 2nd Street (SW 3rd Street along SW 12~' Avenue), from Swinton Avenue to Interstate 95, where the density may exceed 12 units per acre, up to a maximum of 24 units per acre subject to Conditional Use approval and the recommendations and strategies outlined in the Southwest Area Neighborhood Redevelopment Plan. Areas with this designation, located within a workforce housing overlay district, may also exceed 12 units per acre, up to a maximum of 24 units per acre within the Carver Estates Overlay District and 18 units per acre within other overlay (8) districts by obtaining density bonuses through the provision of workforce housing units. Such land is usually developed in planned communities or exists in older areas where there are duplexes and condominiums. Home ownership is characteristic of this designation. Where this designation exists, uses other than those which are residential in character shall not be considered. Comment: This revision is being made 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. The proposed Future Land Use Map, depicting the expansion of the Southwest Neighborhood Overlay District, is attached as Support Document #5. Also see Support Document #1 -Southwest Neighborhood Area (SW 12th Avenue) - FLUM Amendment and Rezoning staff report. 5) Location: Capital Improvement Element - Pg. CI-28 to CI-30, Table CI-CIP, Table CI-CIP (5-Year Capital Improvements Schedule For Projects > $25,000) See existing table attached as Support Document #6 Change: REVISION Comment: The City Commission has adopted the Capital Improvement Plan (CIP) for FY2007-08 - FY2011-12. Therefore, the table has been revised to reflect the new CIP. See revised table attached as Support Document #7. 6) Location: Capital Improvement Element - Pgs. CI-32 to CI-35, Table SD-CIP, School District of Palm Beach County Capital Improvement Schedule See existing table attached as Support Document #8 Change: REVISION Comment: This table is the updated School District's Capital Improvement Schedule referenced in CIP Element Policies A-3.7 and A-8.3. It is noted that the School District has reduced one of the timeframes in the schedule from six years to five years and the ten and twenty year schedules are now included in separate tables. The referencing policies are also being revised to reflect these changes. See revised table attached as Support Document #9. (9) 7) Location: Capital Improvement Element - Pg. CI- 24, Policy A-3.7 (Concurrent) Policv A-3.7 Wherever the term "concurrent" is used in this Element and other elements of the Plan it shall mean that the public facility shall be provided under any of the following conditions: a) The improvement is in place prior to the issuance of an occupancy permit; b) The improvement is bonded for as a part of the subdivision improvement agreement or similar instrument and there is a schedule of completion in the bonding agreement; c) The improvement is a part of a governmental capital improvement budget, it has been designed, and a contract for installation has been solicited. d) The improvement in the case of public school facilities, construction appropriations are specified within the first three years of the most recently approved School District of Palm Beach County Six Year Capital Improvement Schedule, as reflected in Table SD-CIP of this element. Change: REVISION Policv A-3.7 Wherever the term "concurrent" is used in this Element and other elements of the Plan it shall mean that the public facility shall be provided under any of the following conditions: a) The improvement is in place prior to the issuance of an occupancy permit; b) The improvement is bonded for as a part of the subdivision improvement agreement or similar instrument and there is a schedule of completion in the bonding agreement; c) The improvement is a part of a governmental capital improvement budget, it has been designed, and a contract for installation has been solicited. d) The improvement in the case of public school facilities, construction appropriations are specified within the first three years of the most recently approved School District of Palm Beach County ~ Five Year Capital Improvement Schedule, as reflected in Table SD-CIP of this element. Comment: This revision is being made to reflect a change in one of the timeframes of the School District's Capital Improvement Schedule from six years to five years. (10) 8) Location: Capital Improvement Element - Pg. CI- 27, Policy A-8.3 (Table SD- CIP) Policv A-8.3 The School District of Palm Beach County Six Year Capital Improvement Schedule (TABLE SD-CIP) is adopted as a supplement to the City of Delray Beach's "Five Year Capital Improvements Schedule". Change: REVISION Policv A-8.3 The School District of Palm Beach County ~ Five, Ten and Twenty Year Capital Improvement Schedules included in (TABLE SD-CIP) are adopted as a supplement to the City of Delray Beach's "Five Year Capital Improvements Schedule". Comment: This revision is being made to reflect changes in the format of the School District's Six, Ten and Twenty Year Capital Improvement Schedule. The School District reduced one of the timeframes from six years to five years and the ten and twenty year schedules are now included in separate tables. All of these schedules are included in Table SD-CIP. PRIVATELY INITIATED TEXT CHANGES: 9) Location: Future Land Use Element - Pg. FL-42, Description of the Medium Density FLUM designation. Medium Density: This designation is applied to land which is developed, or is to be developed, at a density between five and twelve units per acre. Residential density is limited to a maximum of 12 dwelling units per acre, except within the portion of the Southwest Neighborhood Area Overlay District, between the commercial area along West Atlantic Avenue and SW 2nd Street, from Swinton Avenue to Interstate 95, where the density may exceed 12 units per acre, up to a maximum of 24 units per acre subject to Conditional Use approval and the recommendations and strategies outlined in the Southwest Area Neighborhood Redevelopment Plan. Areas with this designation, located within a workforce housing overlay district, may also exceed 12 units per acre, up to a maximum of 24 units per acre within the Carver Estates Overlay District and 18 units per acre within other overlay districts by obtaining density bonuses through the provision of workforce housing units. Such land is usually developed in planned communities or exists in older areas where there are duplexes and condominiums. Home ownership is characteristic of this designation. Where this designation exists, uses other than those which are residential in character shall not be considered. Comment: This privately initiated text amendment is being processed as a revision, since the existing language, underlined above, was added to the Medium Density description in error with Comprehensive Plan Amendment 2005-2. If a text amendment had not been submitted to expand the Carver Estates Overlay District northward into the Medium Density Designation, the underlined text would have been removed as part of the correction discussed in Text Amendment #3. The text amendment seeks to retain the existing language which allows for a maximum density of 24 units per acre within the Carver Estates Overlay District. The expanded (71) overlay district will include the southern half of Auburn Trace (an existing multi-family residential development), where the higher density is required to support redevelopment. This project is part of a large scale private sector redevelopment 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 the redevelopment of Auburn Trace and Carver Estates, this initiative includes the rehabilitation or redevelopment of blighted properties along SW 12w Avenue to the north, streetscape improvements and signage. If this amendment is not approved, the subject area will be reduced to 18 units per acre as allowed within the Infill Workforce Housing Area. (See the Future Land Use Map in Support Document #4). A comparison of the maximum development potential associated with this amendment is summarized in the following table: As shown in the table, the proposed amendment would allow a maximum of 288 units (12 acres X 24 u/a = 288), which represents an increased residential development potential of 72 units over that currently allowed within the Infill Workforce Housing Area. A discussion of the impacts associated with 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. (12) Table 1: Existing and Proposed Maximum Residential Development Potential Carver Estates Overlay District Expansion 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. 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. ( 73 ) Education (School Concurrent School concurrency is addressed with all proposals for residential development. Although a formal determination by the school board has not been made, the additional 72 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 text amendment will result in a maximum potential impact of 149.76 tons per year-an increase of 37.44 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 speci>red 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. Traffic: As shown on the following table, the potential traffic associated with an additional 72 multi-family units is 504 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. ( 74 ) Table 2: Existing and Proposed Maximum Development Potential Solid Waste Generation Carver Estates Overlay District Expansion AMENDMENTS TO THE FUTURE LAND USE MAP CITY INITIATED FUTURE LAND USE MAP AMENDMENTS: • Future Land Use Map amendment for approximately 3.9 acres, located '/2 block on either side of SW 12th Avenue, between SW 2nd Street and SW 3rd Street, from LD (Residential Low Density 0-5 du/ac) to MD (Residential Medium Density 5-12 du/ac). See Support Document #1 -Southwest Neighborhood Area (SW 12~' Avenue) - FLUM Amendment and Rezoning staff report. s:\planning & zoning\longrange\comp\amend 07-2\adoption\07-2 maindoc city commission adopt.doc ( 15) Table 3: Trip Generation Comparison Carver Estates Overlay District Expansion PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: July 1s, 200 AGENDA ITEM: IILA.(2)(i) ITEM: City initiated Future Land Use Map Amendment for Approximately 3.90 Acres, Located '/2 Block on Either Side of S.W. 12'" Avenue, between S.W. 2nd Street and S.W. 3`d 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 Applicant/Agent .............. City of Delray Beach. Location .......................... Located Yz Block on Either Side of S.W. 12~" Avenue, between S.W. 2"d Street and S.W. 3`d Street. 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 UnitslAcre). Current Zoning ............... R-1-A (Single Family Residential). Proposed Zoning.......... RM (Multiple Family Residential, Medium Density). Adjacent Zoning....North: RM (Multiple Family Residential, Medium Density) & CF (Community Facilities). East: R-1-A (Single Family Residential). South: R-1-A (Single Family Residential) & CF (Community Facilities). West: R-1-A (Single Family Residential). Existing Land Use.......... Duplexes & Single Family Residences Proposed Land Use........ Multi-Family Housing. Water Service ................. Connection available via an existin~ water main located within S.W. 12 Avenue. Sewer Service ................ Connection available via an existing sanitary sewer main located within S.W. 12'" Avenue. N.W. IST < ~ ^ < ATLANTIC AVENUE SW 15L ST. a ~ a s W sNO sr. S. W. lfl0 ST. DELRAY FULL SERNCE CENTER S.W. {M Si. y~UNUNN tlF0.F N. ¢£ ~~ A$ u ON. <~ WB1Mx OR. III.A.(2)(i) r _ ~t:~ ~ d„u,G4r ~ ri+. ~d u4,, t..e. 'Er.,,~~~1i.; f~ ~, V .,~.,,,. ~ r ~ :':x rA m., .,..:c_ .. r-zsc :,;~~i., , ,. ~z i=. 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 '/z block east and west of SW 12tH Avenue, between SW 2"d Street and SW 3rd 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 Wifh; 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. 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. 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 10`n 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 8`n 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 3rd 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 3`d 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 12`h 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 12`" 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. REQUIRED FINDINGS: LDR (Chanter 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 Maa: 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 12`" 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 12t" Avenue, between SW 2nd 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 inconsistent 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 12~' 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 Policy C-1,7: The following pertains to the Southwest Neighborhood Redevelopment Area: This area is generally defined as the area bounded by West Atlantic Avenue on the north, SW 10th Street on the south, Interstate 95 on the west, and Swinton Avenue on the east. Many of parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. 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 2nd Street with new infill houses and neighborhood green spaces. Unfortunately, the subject property along SW 12`" 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 12t" 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 density may be increased within the Medium Density, General Commercial and Transitional 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 othervvise may be 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 manufactured 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 fhe provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet fhe housing needs identified in this 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~' Avenue 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 12'" Avenue Planning and Zoning Board Staff Report -July 16, 2007 FLUM Amendment and Rezoning - SW 12~h 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 12~' Avenue 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`" Avenue Page 10 REQUIRED FINDINGS (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis"section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. Section 3.2.1 (Basis for Determining Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 (Standards for 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 12th Avenue Page 11 Table 4: Zoning and Use of Adjacent Property SW 12~h Avenue 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 application/request. Section 2.4.5(D)f5) (Rezoning Findings): Planning and Zoning Board Staff Report -July 16, 2007 FLUM Amendment and Rezoning - SW 12'" 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. ~~Q.t4r ~~ ~ ~ ~.; , ~` us _M;"~ i ~1 ~:i~iEd .,, ~ ~~._~.,R '~"a'~..~,~,~...,_ _. .. ',~,. ~ .t[..~~i'i~~; ..,r,. ~ _!_~~,F~,'i ~'~,' _. i' ~:' Community Redevelopment Agency (CRA) The CRA considered this request at its July 12, 2007 meeting. The Board recommended approval. Public Notice: 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 12'~ 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. 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:\planning & zoning\boards\p&z board\southwest 12th avenue flumamend&rezoning.doc N.W. 1GT sT ~ ~ (/_\ - V ~~~ ~ CF A T L A N TIC BD A V E N U E A a a ~ - 6 5. w. 15T ST. ~ - N G.w 2N0 GT. < ~ p_ s..zo 3 N 3 I V 3 3 3~ N 3 ~~ ~ S. W. ]RO GT. ®®3 s.w. ]RO cT. _ w, o cT. s.w. a1H s*. __ CF S w, aTH ST. < 6 AUBURN CIflCLE NORTH RM ~y. CF s.w, sTN sr. A URN OR. °: ' SR 3 OSR p z ,e ,0 P -- O/C/TAL &ISE AIAP SYSTEM -- MAP REF: LM10Z0 N PROPOSED REZONING ~_ SOUTHWEST NEIGHBORHOOD AREA (SW 12TH AVENUE) CITY OF DELRAY BEACH, FL PLANNING k ZONING DEPARTMENT PROPOSED REZONING TO: RM (MULTIPLE FAMILY RESIDENTIAL, MEDIUM DENSITY) GL CITY OF DELRAY BEACH, FLORIDA LOO CANAL .. sas r- - i _~ L__ J '~ J r ~ r i i i 'z I ~ ~ ~ K g r'-'-' L _._._ ~ _ _ _ _ _ ~ I _ ._. .f T. . i I _ _ _._ I i._._ i L._._._. ; _._. _._. _._. _.J i I 8IX ATLANTIC ;n LJ ~ ~ L L__ LINTON BOULEVARD I i I I i ! i I I I I L__~ 4 95 I I / • ~.. ci. 3 h ti .: r::::::°:' :I.. •• r :: i .. ::. ::i .. •i • I ~::.: s• :.' iy.• ::.y~'• I :~N ;; i ;• 1 :::/.: i :: ;4V6tidd : i i . i :: ::: %• I . r ::: i ~ ~• I ~ cl ~ .i O ': 1 :• fA i :::::: I yr ••: q i +.. ... .. ::i ~~~1~ Existing Workforce Housing Overlay Districts 24 Units Per Acre SOUTHWEST NEIGNBORNOODOVERLAY CARVER ESTATES OVERLAY 1-95/CSXRAILROAD CORRIDOROVERLAY ------ cm uNrrs ----- ~ 18 Units Per Acre Clrr OF GEUraveEacN, PL PLANNING B ZONING DEPARTMENT JULY ZOOI Mep Ref LM4f9b ® Coastal High Hazard Area ~-~lGIiAL 8A5ElMP3YSTEN.. N CONGRESS AVENUE MIXED USE ~= FUTURE LAND USE MAP GTY DF DELRAY BEACH, R ®MAXIMUM 40-50 UNITS PER ACRE WITH WORKFORCE HOUSING P~ANNINC k ZDNINC DEPARTMENT -- O/G/TAL 84SE MAP SYSTEM -- MAP REF: LM952 ' `COM'PREHENS'IVE PLAN AMENDME~N7 07-2 CITY OF DELRAY BEACH, FLORIDA Four Corners Overlay District Future Land Use Map SD #3 N FOUR CORNERS OVERLAY DISTRICT ~- FUTURE LAND USE MAP GTY OF OELRAY BEACH, FL PLANNING & ZONING OEPART4ENT ~u~u~ CITY LIMITS 'PROPOSED ADDITION TO OVERLAY DISTRICT IMENT Carver Estates Overlay District Future Land Use Map ORC Response for Comprehensive Plan Amendment 05-2 SD #4 CITY OF DELRAY BEACH, FLORIDA S. W. JRD CT. W. 1R0 LT. sw. ~,N n. CF y S.W. rc ~ \^ AUBURN CIRCLE NORTH ~ ~ OV ~ ~ ~ y, CF ~~ N ~ ~ ~ S. W. 6 I ~ ~J W M Q CF I- r,~ 0_ w S. W. ~ ~ ~ ~: `} ::;'`. ~, ~ s.w. eTH s.w. ~ Tr- ~ / C +~< ~ ~ < N s.w. M D '°~ ~ o rt ~ ~ ~ S. W. 3 3 R - ~N~~ '; s.W. /ND RorAL DR. ~ n,H a~ 8 MD ~ 3 PgNSETTA oRIYE k 5~ Dacus 0 `~ s EDRpA J STREET ~?~~ P -- O/C/TAL BASE MAP SY57FM -- MAP REF: LM10Y1 N EXPANSION OF CARVER ESTATES -!- OVERLAY DISTRICT qTY OF DELRAY BEAG1, FL PLANNING k ZONING DEPARTMENT EXISTING OVERLAY DISTRICT PROPOSED ADDITION TO OVERLAY DISTRICT MEETING OF: NOVEMBER 21, 2005 AGENDA ITEM: IV.A. - CONSIDERATION OF THE ORC (OBJECTIONS, RECOMMENDATIONS AND COMMENTS) REPORT REGARDING COMPREHENSIVE PLAN AMENDMENT 2005-2. The item before the Board is that of forwarding a recommendation to City Commission regarding the response to the Florida Department of Community Affairs (DCA) ORC report for Comprehensive Plan Amendment 2005-2. Comprehensive Plan Amendment 2005-2 was transmitted to the Florida Department of Community Affairs (DCA) for review following a public hearing held by the City Commission on August 2, 2005. This meeting was also the first reading of the Adoption Ordinance (No. 56-05). On September 20, 2005, the City Commission approved the Annexation, small scale FLUM Amendment and Rezoning for Gramercy Square II. However, DCA has since determined that the FLUM Amendment does not meet the requirements for small scale amendments and needs to go through the regular (twice a year) amendment process. This was due to the potential density above 10 du/ac in the proposed MD FLUM designation. To expedite the process, the FLUM amendment is being added to Comprehensive Plan Amendment 2005-2. The City Commission approved the revised Amendment on first reading of the Ordinance on November 15, 2005. Several other changes to the 2005-2 Amendment are also being made prior to adoption-the description of the Medium Density FLUM designation is being further modified to allow for a maximum density of 24 units per acre, subject to the provision of workforce housing, within the Carver Estates Overlay District; the proposed new policy regarding the reduction of right-of-way for North Federal Highway is being revised to reflect an ultimate right-of-way of 102 feet, instead of 100 feet; the Five-Year Capital Improvements Schedule is being modified to reflect adoption of the FY2006-FY2010 Capital Improvements Program; and the School District's Six Year Capital Improvement Schedule and Concurrency Map series are being updated. In addition to the above changes, an additional Future Land Use Element Objective and Policies are being added to support the City's Workforce Housing initiatives. This addition is in response to the ORC Report. iv. a P&Z Board Staff Report IV.A. Consideration of ORC Report 2005-2 Page 2 The 2005-2 amendment now includes two (2) privately initiated Future Land Use Map Amendments, three (3) City initiated Future Land Use Map Amendments, and thirteen (13) text changes. A brief description of each item is provided below and a full analysis is contained in the attached Comprehensive Plan Amendment and support documents. PRIVATELY INITIATED FUTURE LAND USE MAP AMENDMENT: • Future Land Use Map amendment for the Linton multi-family site, containing approximately 7.05 acres at the northwest corner of Linton Boulevard and SW 4th Avenue, from RDA-3 (Redevelopment Area #3) to MD (Residential Medium Density 5-12 du/ac). • Future Land Use Map amendment for Gramercy Square II, containing approximately 4.85 acres on the west side of Military Trail, approximately 700 feet south of Atlantic Avenue, from County HR-8 (High Residential - 8 du/ac) to City MD (Medium Density Residential 5-12 du/ac). CITY INITIATED FUTURE LAND USE MAP AMENDMENTS: • Future Land Use Map amendment for the public park within the Bexley Park subdivision from LD (Residential Low Density 0-5 du/ac), in part and GC (General Commercial), in part to OS (Open Space). • Future Land Use Map amendment to assign City Future Land Use Map designations concurrently with annexation via water service agreement of approximately 10 acres of property for Valero Gas Station, Watkins Motor Lines and Public Self Storage, Inc, located west of Military Trail, 100 feet north of Conklin Drive. The current County Land Use Map designation is CH-8 (Commercial High with an underlying High Residential, 8 units per acre) and the proposed City designation is GC (General Commercial), in part and TRN (Transitional), in part. • Future Land Use Map amendment for the Lee Burke property, containing approximately 0.5 acres on the north side of Linton Boulevard, 660 feet west of SW 4th Avenue, from RDA-3 (Redevelopment Area #3) to MD (Residential Medium Density 5-12 du/ac). TEXT AMENDMENTS: • Future Land Use Element -Modification of the description of the Medium Density FLUM designation to include provisions for increased density to 24 units per acre for the Carver Estates Overlay District and to approximately 18 units/acre within the boundaries of other special overlay districts to accommodate higher density residential development subject to the provision of workforce housing. • Future Land Use Element -Modification of the description of the Transitional FLUM designation to include provisions for increased density to approximately 18 units/acre within the boundaries of special overlay districts to accommodate higher density residential development subject to the provision of workforce housing. P&Z Board Staff Report IV.A. Consideration of ORC Report 2005-2 Page 3 • Future Land Use Element - Modification of the description of the General Commercial FLUM designation to include provisions for increased density to approximately 18 units/acre within the boundaries of special overlay districts to accommodate higher density residential development subject to the provision of workforce housing. • Future Land Use Element -Add Policy regarding creation of an overlay district for the Congress Avenue Corridor to encourage the development of Class A corporate offices. Future Land Use Element -Add new Objective and Policies to support the City's Workforce Housing Initiatives. • Transportation Element -Add Policy regarding the change of NE/SE 1st Streets from one-way back to two way traffic. • Transportation Element -Add Policy regarding enhancement of the US-1 corridor (NE/SE 5th Avenue and NE/SE 6th Avenue) between NE 4th Street and SE 4th Street through beautification and the provision of improved parking and pedestrian circulation. • Transportation. Element -Add Policy to seek the reduction of the ultimate right-of- wayfor Federal Highway from 120 feet to 102 feet, north of George Bush Boulevard. • Housing Element -Revise "Analysis" section to update information pertaining to historically significant housing. • Open Space and Recreation Element -Update "Analysis", "Conclusions' and "Needs and Recommendations" sections to reflect updated conditions and to be consistent with the adopted City of Delray Beach Parks and Recreation System Master Plan. • Capital Improvement Element -Modify Table CI-CIP (5-Year Capital Improvements Schedule For Projects > $25,000) to reflect adoption of the FY 2006-2010 Capital Improvement Program. • Capital Improvement Element -Modification of Table SD-CIP. This table is the School District's Six Year Capital Improvement Schedule referenced in CIP Element Policy A-8.3. • Public Schools Facilities Element -Updated Concurrency Map Series for the School District (Maps PS 1.1; PS 2.1; PS 3.1; and PS 3.2). DCA staff reviewed the transmitted amendment and issued the attached Objections, Recommendations, and Comments (ORC) Report on October 6, 2005. The ORC report contains three objections. All three objections deal with issues related to the proposed P&Z Board Staff Report IV.A. Consideration of ORC Report 2005-2 Page 4 modification of the descriptions of Medium Density, Transitional and General Commercial Land Use Categories to allow densities to exceed 12 units per acre. The following is a description of the objections and the recommended responses. ORC OBJECTION # 1 "It is not clear where or how the housing overlay applies. The overlay seems to be applied through the land development regulations and not supported or identified in the plan. Since the overlay is establishing additional density standards for overlay areas, those areas should be mapped on the Future Land Use Map to be internally consistent with the Future Land Use Element Policies. Additionally, Policy A-5.6 already allows the General Commercial Land Use Category up to 30 units/acre in the West Atlantic Avenue Redevelopment Area through conditional use approval. It is not clear how the amendment would apply to that area. Implementation of this policy is vague and undefined. (Rule 9J-5.005(a) and (b), F.A.C.; Rule 9J-5.005(6), F.A.C.]" Response The proposed Workforce Housing Overlays are being applied to all areas within the RM (Residential Medium Density) zoning district, which lie east of Interstate 95 and not within the Coastal High Hazard Area. The applicable areas within this zoning district are included within the Medium Density and Transitional Land Use Categories. One additional Overlay is being applied to the "Delray's Lost Drive-in" property-a swap shop located on North Federal Highway. This property has a General Commercial Land Use designation. No other General Commercial property is being included in a Workforce Housing Overlay at this time. For clarification, it is noted that Future Land Use Element Policy A-5.ti, referenced in the Objection, was eliminated with Comprehensive Plan Amendment 2002-1, since it was completed with the passage of City Ordinance #54-01. It is also noted that the General Commercial Land Use designation within the West Atlantic Avenue Redevelopment Area was changed to CC (Commercial Core) as part of Comprehensive Plan Amendment 2004-2. The descriptions of the General Commercial and Commercial Core Land Use Categories were also amended at that time to reflect the change. The 30 units per acre density was retained within the West Atlantic Avenue Redevelopment Area, as part of the Commercial Core description. The City's Family/Workforce Housing Program (Land Development Regulations Section 4.7) currently includes three Overlay Areas. The Southwest Neighborhood Overlay District has a maximum density of 24 units per acre. The Carver Estates and the SW 10`h Street Overlay Districts are also included in the Program, but no density bonuses are currently allowed. The maximum density in these two areas is the maximum density allowed in the zoning district (12 units per acre). In addition to meeting Performance Standards, a minimum of twenty percent of the residential units must be developed as workforce housing to obtain this density. Since transmittal of the amendment, the proposed maximum density on the Carver Estates Overlay District has been increased from 18 to 24 units per area. This area is owned by the Delray Beach Housing Authority and will be redeveloped with a major P&Z Board Staff Report IV.A. Consideration of ORC Report 2005-2 Page 5 emphasis on workforce housing. The impacts of this change are included with the discussion of overall impacts in the response to Objection #3. All of the existing and proposed overlay areas, where additional density may be applied to support the City's effort to encourage the provision of workforce housing, have been mapped and shall be included on the Future Land Use Map. To further support the initiative, the following Objective and Policies are being added. Future Land Use Element Obiective A-7 To encourage the provision of workforce housing in the City, the following policies shall be implemented. Policy A-7.1: The maximum density may be increased within the Medium Density, General Commercial and Transitional 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 may be built. Policy A-7.2: Workforce Housing Overlay Districts shall be identified on the Future Land Use Map. The maximum density within these districts shall be as follows: • The Southwest Neighborhood and Carver Estates Overlay Districts shall have a maximum density of 24 units per acre. The SW 10~' Street Overlay District shall have a maximum density of 12 units per acre. • All other Overlay Districts shall have a maximum density of 18 units per acre. Policy A-7.3: Residential Density may not be increased on any property located within the Coastal High Hazard Area through density bonuses in the Workforce Housing Program. Policy A-7.4: All Workforce Housing Units, constructed under the Family/Workforce Housing Program, shall remain affordable for a period of no less than thirty (30) years commencing from the date of initial occupancy of the unit. ORC OBJECTION # 2 `The density could be increased in the coastal high hazard area because there is no limitation or prohibition in applying these additional units within the coastal high hazard area, especially since fhe overlays are applied through land development regulations and not a plan amendment. (Rule 9J-5.012(3)(b)6., F.A.C.]" Response: As noted in the response to Objection #1, areas within the Coastal High Hazard area are not included with the Workforce Housing Overlays, and are not subject to density bonuses. In addition, Policy A-7.3 has been added to prohibit density increases in this area. P&Z Board Staff Report IV.A. Consideration of ORC Report 2005-2 Page 6 ORC OBJECTION # 3. `There is no demonstration through data and analysis of the impact of additional units on level of service standards and whether the adopted level of service standards will be maintained through the five year planning time frame. There is no data and analysis of how many units are estimated to be applied under this amendment, so the impact on required services and infrastructure cannot be determined. Additionally, no determination on whether the impact of the amendment will cause school facilities to exceed capacity. (163.3177(6)(a), F.S. and Rules 9J-5.005(2) and (3) and .006(5)(g)(6), (7) and (i3), F.A.C.; Rule 9J-5.006(3)(b)1., and (3)(c)3., F.A.C.]" Response• There is a total of 462 acres located within existing and proposed Workforce Housing Overlay Districts. The Southwest Neighborhood Overlay District, which is already included within the City's Workforce Housing Program, contains 82 acres and has a maximum density of 24 units per acre. Since provisions to increase the density on this area was approved in Comprehensive Plan Amendment 2004-2, this area is not included in the discussion of im~acts of the current Amendment on services and infrastructure. Although the SW 10 Street Overlay District is already included within the Workforce Housing Program, no density bonuses are allowed in this area, which includes 9.3 acres. The additional land area subject to Density Bonuses with this Comprehensive Plan amendment is 370.7 acres. Of this area, 18.2 acres (Carver Estates Overlay) will have a maximum density of 24 units per. acre; and the remaining area will have a maximum density of 18 units per acre. The following table illustrates the maximum development potential of the area: Table 1 New or Modified Workforce Housing Overlay Areas `rl ~~: 4 3 .: t ~e ' t . . ~ (k~a ,Fn _$' ';l ~ 9 ~ i ' ~ i ~ ti' gyn.. s~h~~ v ,fin ~~~ V L ~ , .: . ..i .. .. . _ a, :: ~: : _ ! 5 _~:xn...u~r , d .VI . 6.~_~6: ~~ :. _ .:.. ._~r _ ,...: v3. i ._ . I ,..:: Carver Estates RM (Residential 18.2 12 units per acre 24 units per acre TRN (Transitional) Medium (218 units) (436 units) Densi Infill Overlay RM (Residential 344.3 12 units per acre 18 units per acre MD (Medium Density) Medium (4,131 units) (6,197 units) and TRN ransitional Densit Swap Shop GC (General 8.2 12 units per acre 18 units per acre GC (General Commercial) (98 units) (147 units) Commercial TOTALS 370.7 4,447 units 6,780 units The above table illustrates that the maximum number of additional units that could be developed with Density Bonuses under the Workforce Housing program is 2,333. However, this assumes that all of the property within the overlay districts will utilize the program. This is clearly not the case. For example, the Southwest Neighborhood Overlay District (82 acres) has had density bonuses available since December, 2004, but only one project (2 acres) has utilized the program. The expansion of the area included in program will provide additional opportunities for participation. However, P&Z Board Staff Report IV.A. Consideration of ORC Report 2005-2 Page 7 given the fact that nearly all of this area is developed, and the reluctance of many developers to include affordable units in their projects, it is estimated that no more than 20% of the area will ultimately be redeveloped at the higher density through this program. Therefore, the maximum number of additional units anticipated is 466 units. A discussion of the impacts associated with this increase in development potential is given below. Water & Sewer: The adopted LOS standard for the City's Water Treatment System is 195 gallons per person per day water usage with a raw water pumping capacity of 22.4 million gallons per day and water treatment plant capacity of 28 million gallons per day. The current estimate for demand at the city's build-out population of 75,000 is 18.3 million gallons per day. Public Facilities Element Objective C-4 states: Potable water distribution system capacity is available fo all areas within the City's service area. Installation of facilities shall be programmed when the need is demonstrated. The adopted LOS standard for the City's Wastewater Treatment System is 160 gallons per person per day, with the treatment plant design capacity of 21 mgd average / 30 mgd peak, split equally between the City of Delray Beach and the City of Boynton Beach. The current estimate for demand at the City's build-out population of 75,000 is 9.05 mgd. Public Facilities Element Objective C-3 states: Wastewater collection system capacity is available to all areas within the City's service area. Installation of facilities shall be programmed when the need is demonstrated. Since adequate capacity is available in the City's water and wastewater systems to meet the increased demand, the proposed FLUM amendments will not impact the level of service standard for these facilities. 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 fo come from the Stormwater Utility Fee. There is an extensive drainage system within the eastern half of the City. Within this area of the City, drainage is usually accommodated on site via exfiltration trench systems. Drainage is reviewed during the Site Plan Approval process for individual P&Z Board Staff Report IV.A. Consideration of ORC Report 2005-2 Page 8 projects. There are no problems anticipated with obtaining South Florida Water Management District permits within this area of the city; and the additional impacts caused by the increased impervious area will not affect the level of service. Onen Space & 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. Additionally, larger individual projects are required to provide on-site recreational facilities for tots to teens. The adequacy of these facilities is determined during the Site Plan Approval process. Education (School Concurrencyl: School concurrency will be addressed with future proposals for residential development. Given that these units will be spread throughout the eastern half of the City, the potential 466 additional units is not anticipated to be a concern. Solid Waste: An additional 466 multi-family units will generate approximately 242 tons of solid waste per year. This increase can be accommodated by existing facilities. In its annual capacity letter, the Solid Waste Authority indicates that it has sufficient capacity for concurrency management and comprehensive planning purposes. 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 2024. Traffic: The potential traffic associated with the anticipated additional 466 multi-family units is 3,262 ADT (7 trips per unit). This traffic will be spread throughout the eastern half of the City, which 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 Arficle 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 P&Z Board Staff Report IV.A. Consideration of ORC Report 2005-2 Page 9 studies for new development are required during the Site Plan Approval process and impacts to local roadways are identified and mitigated at that time. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN The City of Delray Beach's proposed comprehensive plan amendments are not consistent with and do not further the goals and policies of the State Comprehensive Plan Chapter 187, Florida Statutes: (15) Land Use, (b) and Policy 1. Recommendation: The City should revise the proposed amendment to be consistent with the State Comprehensive Plan (see specific objections, comments and recommendations included in this report). Response: The issues that are inconsistent with the State Comprehensive Plan have been addressed through the above responses to the ORC Report. By motion, recommend that the City Commission approve on second and final reading Comprehensive Plan Amendment 2005-2 and that the response to the ORC Report, contained herein, be transmitted to the State with the adopted amendment. Attachments: • ORC Report • Workforce Housing Overlay Map • Comprehensive Plan Amendment 2005-2 s:\planning & zoning\longrange\comp\amend 05-2\adoption\2005-2orc.doc MENT ~ Southwest Neighborhood Overlay District Future Land Use Map SD #5 CITY OF DELRAY BEACH, FLORIDA .Rw tr. Si. < MM. ]10 Si. CF ~ € 1N W „N4 A. ORIK S „N ssr CF ® ~ ® CF ATLANTIC AVENUE v ~~~ ~ ~ C l I I ~~ I u I I I I I I u I I I / ~~ ~ ~~~~ I. n , '' ~ I ~~' .. II ~; , ; ~~.. I ... ; II , li I ~ ~.... ~~ ~ ~~ ~~. II II °.. ~ I II I III .. I~! I ~ ~ a II I IIII~,~,II~ ~'~ ~I,,.,.., i Iii I{I II ` liliu r hull mill i llu;, l n ~ l ~~ i I ~~ ~ i I~ ~ i II . I l i ii ~I n ~. II I I., F ,~~ 4 ~ II,; II II VIII I~~I I~ ~I, w® w ®®„ ~.. •.N N. CF OS sw. NNHN ~ „~„TM CF OS ,~ CF w. em CjF ~ $ e CF -- O/6/TAL 615E dAP SYSTEM -- MAP REF: LM1020 N EXPANSION OF SOUTHWEST NEIGHBORHOOD ~ OVERLAY DISTRICT GTY OF DELRAY BEACH, FL PLANNING k 20NINC DEPARTMENT f 1$Fk"\ti EXISTING OVERLAY DISTRICT PROPOSED ADDITION TO OVERIP.V DISTRICT IMENT Capital Improvement Element Existing Table CI-CIP, Five Year Capital Improvements Schedule For Projects > $25,000 SD #6 CITY OF DELRAY BEACH, FLORIDA TABLE CICIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > f2S.000 `~~~ d n:~ t a. ~dq t ~: ..~-u RECREATION IMPACT FEE Dalra SwimBTennis Center Parkin Col 275,000 0 0 0 NW 1st Avenue Park 0 BO,OW 0 0 0 Oakrtant Park lm rovements 0 80,000 0 0 0 TOTALS: 1276,000 1160,000 10 f0 f0 BEAUTIFICATION TRUST FUND C' Wde Trea Trimmin -E ui ment 0 132,7W 0 0 0 Co uterized Irri aeon 5 [err 50,000 50,000 50,000 50,000 0 Germantown Road Beautificaeon 75,000 0 0 0 0 Lendsca in East End W AHan& Avenue 208,120 0 0 0 0 Souei Dixie Ci Entrance 30,000 0 0 0 0 TOTALS: 1363,120 ff82,7f0 150.000 550,000 f0 COMMUNITY DEVELOPMENT FUND Shi Pr ram-State Grant 599,910 0 0 0 0 CRA Easement Grant P lam 108,000 0 0 0 0 Beacon GYr -Villa a Pro ram 853,820 0 0 0 0 Plannin Administra[on 117,440 0 0 0 0 Housin Rehab-Federal Grant 265,770 0 0 0 0 Misceganeous Ex ense 104,320 0 0 0 0 Grants and Aitls-Fetlewl Grant 89,980 0 0 0 0 Ne' hborhootl Housin 285,580 0 0 0 0 Man o Drive/Rei le Dr- avemant 252,500 0 0 0 0 TOTALS 12677,070 f0 SD f0 f0 BEACH RESTORATION FUND Beach Tillin 13,110 13,305 0 0 0 Duna Rave e/etion 50,000 0 0 0 0 Post COnstuceon Surve 37,575 38,078 40,840 42,265 308,980 En ineerin N date Geetech 0 0 0 428,51%1 0 Final En ineerin Bid 8 N otiatiar 0 0 0 0 11850D Sea Turtles MOni[arin 38,750 20,000 20,000 20,000 20,000 TOTALS: 1138,135 f72,363 160,810 1490,785 SN6,160 GENERAL CAPITALIMPROVEMENTS A1A Streetwape Project 1,000,000 0 0 0 0 Barwick Park-Resotl 0 0 0 20,000 40,000 Block 32 Alley Imprwemants 0 0 131,700 0 0 Ciry Hall-Expansion-new Into Tech Builtling 974,400 0 0 0 0 Ciry Hall-North Wng 8 Chamber Improvements 872,1100 0 0 0 0 Dixb Hwy-US 1 Connectonconstruction 135,000 0 0 0 0 Douglas Avenue-ROatlway Construction 212,(%70 0 0 0 0 Downtown Perking Lots-resurface, re-stripe, landscape 0 0 0 0 247,000 East Atlantic Avenue-rewnc~ing 0 0 0 BO,OIq 0 FEC-SE 1st Street Rehabilitation 84,100 0 0 0 0 FEC-Crossing Annual Rahabil4ahon Program BS,000 88,750 103,000 108,974 114,1700 Finance/IT-Citrrc Matafwme Farm Lcensa Purchase 50,000 110,000 21,000 0 0 Finence/1T-Mobile Unds-W1FI HotSpofs 38,000 0 0 0 0 Finance/lT-RepWCe internal Building Data Cablin£ 85,000 85,000 100,000 0 0 Finence/IT-Replacement of Compu[ers8oe equiF 100,000 100,000 100,000 150,000 150,1100 FinanceeT-Server Replacement 25,000 25,000 25,000 25,000 25,000 Finance/IT-Storage Array NeMOrk Ciry HaIVPOlics 0 260,000 0 0 0 Fire-braking PR for pumper teseng and twining 0 35,000 0 0 0 Fire-Headquarters-Atld'I Parking, lantl/paving 0 0 0 120,000 0 Fire-Headquarters-Ovrheatl tloors/wintlws-Storm Hardening 215,000 0 0 0 0 Fire-Headquarters-Upgrd Generator-Desgn 8 EquiF 0 0 15,000 250,000 0 Fire-Mobile Data Terminals New/Repl inlet line 112,500 52,500 0 112,500 112,500 Fire-Mobile Vehicular Rad'n Repea[er<. 50,000 50,000 25,000 0 0 Fle-Rescue FaalRy-Replace Telephone System 0 0 100,000 0 0 Fire-Rascua HeatlquaMrs-space eval8 remodeling 15,000 0 80,000 0 0 Fire-Site Plan 8 Design Depot Ave 0 SO,Ol10 0 0 0 FireSpecial Events Response Vehicle, new 0 25,000 0 0 0 Fire-SprinklarB Alarm System-BO Depot Avenue 0 0 40,000 0 0 FireSprinklerB Alarm System-New Garage Facility 0 0 25,000 0 0 FiraStation 8t Entry/Courtyard 0 0 0 0 301,500 FireStatbn f!4 Replacement 2,723,500 0 0 0 0 FireSfations 82,83-Roof Replacement 175,OW 225,000 0 0 0 General BUiWin Maintenance-C' FacAitbs 150,0110 150,000 150,000 180,000 180,000 Honrowood BNtl Bike Lanes-Ph 1 0 0 754,000 0 0 Lindell BNd Traffic Calming 350,000 0 0 0 NE 8M Ava pavement -North of eontl Way 0 0 0 71,900 0 NeighboMOOtl Enhancement 0 1fi0,000 250,000 250,1100 250,OW OU Germantown RoatlSidewalks 0 220,000 0 0 0 Ok School Square Wntlow Replacement 245,000 458,500 108,500 0 0 OM School Square-Park Improvements 200,000 2,500,000 0 0 0 Parking Meters-New Meters 600,000 0 0 0 0 Parks-Atlantic Dunes BoaMwalk Replace 8 Repair 230,000 0 0 0 0 Parka-Atlantic Dunes Park-Boardwalk Construction 0 0 0 100,000 0 ParksAHanec Dunes Park-Fxotic Species Replacement 0 128,100 0 0 0 Parks-Beach Pavilion replacetl Q A1A 8 Atlanec Ave 0 0 0 0 200,0(10 Parks-Community Center/Pompey Prk-Replace Blathers 0 0 0 105,000 0 Parks-Intracoastal Park, Ramp, prking lot, picnk area 2,808,1700 0 0 0 0 Parks-Intracoastal Waterway-pocket prks, landwpe 0 0 0 SO,D00 50,000 Parks-Main[ Complex/Office 6rpand/Space 0 0 95,000 0 0 Parks-Merritt Park curb, ird ate, sotl, bleachers 0 0 50,000 0 0 [Table Revised by Amendment 07.7] CI-2B TABLE CICIP y FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTB> 125.000 ~f a:;.~~,. ~ ~s .::. _ ... Parks-Miller Park rmpro ementstreconstruct 0 6,000,000 0 0 0 Parks-Pompey 8 Currie Parks -Press Bott (2) 0 40,000 0 0 0 Parks-POmpeY Park-Major League-repl outliekl/infield Parks-Pompey Park-Shatle System Parks-Teen Center Renovation 130,000 0 0 0 42,000 50,000 0 0 0 0 0 0 0 0 0 Petlastrian Countdown Signals 52,000 0 0 0 0 Pineappb Grove sitlewalks pavers4ights instill 0 108,800 D 0 0 Police Dept- 2ntl Flr atlditbn-outside Evidence Rm 0 0 0 300,000 0 Police Dept-Firearms Training Simulator 0 148,475 0 0 0 Police Dept-Generator Replacement 0 0 350,000 0 0 Police Dept- Mobile Data Browser Sokware 122,700 0 0 0 0 Police Dept-Omnkrak Latent work sb[un equiF 0 0 0 114,000 0 Police Dept- Rewrtls Vertical Carousel Filing Sys 14,340 0 0 0 0 Polity DeIH- Refurbish Police Parking Lot 0 0 100,000 0 0 Police Dept- Remodel 8rbling Room 83,000 0 0 0 0 Police Dep[-Remodel Training RCOm 0 0 110,OIX1 0 0 Police Dept Remove Wallpaper 8 Paint 0 85,850 0 0 0 Police Oept-Replace Laptop Computers 30,000 0 304,400 152,200 0 Paiice Dept-Skk Car for driver training 0 45,000 0 0 Police Dept -Space Study 25.000 0 0 0 0 Police Dept-Voice and Web court Sysbns 0 80,050 0 0 0 Rainberry Woods Neighborhood Enhance Ph II Repace steal ligh[poles-Eas[Atlankc Avenue Riverv+alk Seawall 241,500 0 0 0 0 0 0 80,000 0 0 40,000 0 0 40,000 821,495 Rosenwnt Park 120,000 0 0 0 0 SE 8 NE 5th 8 6th Av km NE 4M St to Geo Bush BNd 0 0 0 0 2,330,000 SE8 NE 5Ih861h Av km SE 4th St to SE tON SI 0 0 2,330,000 0 0 SE 8 NE 5th 8 6th Av-SE 4th $t to NE 4th SI 400,000 3,400,000 0 0 0 SE 2nd S[ - S Swinton Ave to FEC x-ing 0 0 348,500 0 0 Seacrest BNd-NE Bth St-GUMstream BNd-Street Reconstruct 0 0 0 0 380,000 SidavalkslBikepaths-removal8reptace Strew[RasurlacelReconstrucdon-yrly program SW 14N AVe-SW 2nd st to SW lst Street 0 200,000 460,500 50,000 175,000 0 50,000 150,000 0 50,000 170,000 0 50,000 180,000 0 SW 1st Ave-SW 1st S[[oW Atlantic Avenue 0 358,fi00 0 0 0 SW 2nd Ave-SW 1st St to WAUantk AVe 358.800 0 0 0 0 SW BN Ave - SW 10th S[ to SW 11th Sl Tennis Cantor-Clay COUrt Rehab Tennis Canter-Stadium Seat Replacemnl 185,000 80,000 0 0 60,000 0 0 80,000 0 0 60,000 340,000 0 80,000 0 Tennis Cntr-Equipmnt Storage Endosure 0 0 0 25,000 0 Trakic Calmin9-annual program 0 105,000 144,000 173,000 230.000 Veterans Park Master Plan-rework usage 0 0 0 40,000 0 W Atlantic Ave Ph III, IV -t2N Av - 6th Av 0 1,800,000 0 0 0 W Atlantic Ave-purchase litter containers TOTALS: 0 513,616,140 0 SiQ182,225 30,000 86,265,100 0 J3,p8B, A4 0 56,611,/85 WATERISEWER NEW CAPITAL OUTLAY Dou las Avenue-New sanib sewers stem 85,000 0 0 0 0 ESD Com ound - ro line sceenin /acoess road 152,250 0 0 0 0 Greenbrier Drive Sower-new sanibr sewers taco 0 200,000 0 0 0 Man o Dr'rve/Rei le Drive -new sanitary sewers [em Portable Generators 3 -fleet expansion SCRWRDB PeIbt¢aUon Pro ed 35,000 83,684 1,148,420 0 91184 0 0 78,184 0 0 0 0 0 0 0 Stud eThickener-new 0 532,875 0 0 0 Transfer Public Arts -ESD Buildin Ex ansion 2,250 7,875 0 0 0 Truck AC uisition 40,000 40,000 0 0 0 Well Flow Meters Other Professional Services Radaimad Water Transmission System SCWfDB Reclaimed Water Treatment Facility TOTALS: 83,000 45,000 250,000 2,310,500 84,216,884 0 45,000 1,757,000 51,873,811 0 45,000 1,100,000 81,221,1W 0 45,000 800,000 8645,000 0 46,000 1,390, 51,435,OW WATERISEWER RENEWAL 8 REPLACEMENT FUND Block 32 Water Main lm rovemenis D 0 77,500 0 0 Block 84 water Main lm rwements 93,800 0 0 0 0 Clardier Rehabilitation 250,000 0 0 0 0 Coco afar E ui ment 28,800 0 0 0 0 Crestwood Drive Water Main U rode 116,500 Delra Shores Nei hborhcod Water Main u mtlee 0 0 0 0 1,537,4 Eldorado Lane 8 Sunshine Drive Water Main upgrades Elevated Water Store a Tank Maintenance Lake Ida Area Water Main up rades 0 15,500 390,000 370,800 15,500 D 0 15,500 0 0 15,500 0 0 15,5W 0 Lik Station #11 Generator 25,040 Lik Sation #4 Generator 25,040 Lik Station #8 Generator 25,040 Lik Station Rehabilitation 60,825 60,825 80,625 60,825 80,825 LiR Station Rehabilib8on#34 38,000 0 0 0 0 Lwrson 81vtl. Force Main Replacement 310,000 0 0 0 0 Meters - Ratlic Read 113,000 0 0 0 0 NE 6th Avenue - NE 2nd Street to N 5th Street 0 0 0 386,700 0 NE 8th Avenue -North to Bontl Wa 0 0 0 83,500 0 NoM Lake Ida Area Water Main 0 0 0 308,400 0 NoM Re um Station Generator 86,480 0 0 0 0 NW 12M St8Grwe Wa Water Main 0 885,900 0 0 0 NW 4th Av 8 NW 3b Av Water Main 0 0 0 514,300 0 Ocean Terrace 8 Coconut Row 0 0 0 0 238,200 Owens Baker Truck i in Motldiwtion 54,000 0 0 0 0 Palm Trail Nei hborhood Ph II 0 0 872,800 0 0 [fable Revised by Amendment 07-1] CI-29 TABLE CI4:IP VENTS SCHEDULE FOR PROJECTS > !25.000 - sn Productron Well Rehabiliblion .. a.s 100,000 100,000 100,000 100,000 700,000 San4ar Sewer Manhole Rehabilib9or 50,000 50,000 50,000 50,000 50,000 SE 1st Av-SE 3rd S[ to E Atlantic Ave 0 323,500 0 0 0 SE/NE 5th 88th Av-NE 4M St to Geo eBush BHtl 0 0 0 0 338,500 SFJNE 5th 8 8th Av-SE 4th Sf to NE 4th St Wakr Main 23,000 150,000 0 0 0 SE 5th 8 6th Av-SE 4th S[ to SE 10N St 0 0 338,500 0 0 Seacrest BHd - NE 81h Street b GuSsheam BHd 0 0 0 0 83,500 Seasa a/Melaleuca/Oleander 345,000 0 0 0 0 Sewer Main Rehabilibtlon 375,000 500,000 500,000 500,000 500,000 SW 10N Avenue- SW 2ntl St to W. Atkntk Ave 0 0 0 303,800 0 SW 11 N, 12th, 13th 8 14th Avenue 0 0 0 608,750 0 SW 15N Av 0 0 0 188,900 0 SW 1cl Avenue8SW 4th Street 0 374,000 0 0 0 SW 3rd St, 3rd Av 8 6th Av 0 702,000 0 0 0 Toro Lawn Mover- re lacement 18,800 18,800 0 0 0 Wash Water RecOVa Basin Pipin 150,000 0 0 0 0 Water Main leak Re airs 75,000 75,000 75,000 75,000 75,000 Water Main U rides - 1987 Water Main U ride P rim 0 250,000 250,000 250,000 250,000 W1P-SbirvellBDeck Repkmmenl 30,000 0 0 0 0 TOTALS: !2,]78,725 f3,e78, 126 !2,197,926 33, 615, 27b 33,247,725 MUNICIPAL GOLF COURSE ONer Machiner 8 E ui merit 53,000 80,000 60,000 60,000 80,000 Dab[Service Bonds 414,303 413,950 413,927 409,553 409,213 Debt Service-Cart Lease 38,000 38,000 38,000 38,000 38,000 TOTALS: !603,303 Sb09,950 !508,827 5505553 1605,213 LAKEVIEW GOLF COURSE OMar Machiner 8 E ui merit 0 325,000 0 0 0 Debt Service Bonds 249,860 250,024 244,470 223,720 220,1/1 Debt Service-Cart Lease 37,810 31,610 31,670 31,810 31,810 TOTALS: 5281,/70 f60Q634 (278,080 (255,330 3251,751 BTORMWATER UTILITY Barvidc Road -Draina a 5 km 102,800 0 0 0 0 Block 32 Alb 0 0 88,000 0 0 Block 84 Alk Im rovemenb - 253,750 0 0 0 0 D'ak -USt Connector 135,000 0 0 0 0 Dotterel Raad -Draina a Im rovarrenl 0 0 0 0 88,000 General Storm Wafer Ra irs 75,000 75,000 75,000 75,000 75,000 Men o Drive/SW 7th Avenue 75,000 0 0 0 0 NE BU Avenue -North of Bontl Wa 0 0 75,000 0 0 Rainberr Wootls 358,500 0 0 0 0 SE/NE 5th 8 8th Av - NE 4th St to Geo eBush BHd 0 0 0 0 431,000 SE/NE 5th 8 Bth Av-SE 4th St ro NE d[h SI Water Main 49,000 325,000 0 0 0 SE 5th 8 BN Av-SE 4th St b SE 10th Sf 0 0 374,000 0 0 SE 2ntl S[- S Swinton Ave to FEC X-in 0 0 230,000 0 0 S SWiMOn Avenue SW/SE 4th St 0 0 0 188,500 0 Seacrast Boulevard - NE 8th to Gulfcbeam Blvd 0 0 0 0 87,500 Seasa e/Melaleuca/Oleander 300,000 0 0 0 0 Storm afar um SYa0on aheb 250,000 ,000 250,000 250,000 250,000 SW 1st Ava-SW 1st Stb WAtlan6c Ave 0 215,500 0 0 0 SW 2nd Av - SW 1st St to W AtlanBC Ave 201,000 0 0 0 0 SW Bth Av-SW I1N SI to SW 10th Sf 45,000 0 0 0 0 SW 14th Ave-SW 2nd St to SW 1st S[ 74,500 0 0 0 0 Debt Service-Stormwater Nok lnteresl 28,390 26,390 28,390 28,390 28,380 Debt Service-Sfomrwater Nola Princi le 27,120 27,720 27,120 27,120 27,1 General Obli atbns 774,180 797,385 821,308 845,948 877,324 TOTALS: !2,745,020 ff,718,996 3f 961,818 S1,N0,958 51,861,334 CENTRAL OARAOE FUND ESD Com bx Fuel Dis risers 28,488 0 0 0 0 Fire A ratus Replace Brush Truck 0 0 0 0 303,800 Fire A aratus Ra lace Pum ere 440,200 493,000 0 0 522,800 Fire-ALS Rescue Ra lace 213,fi00 224,300 235,500 247,200 258,800 Police Da -Mobile Commantl Vehicle 0 0 245,875 0 0 SWAT Van UnR#1721 Re lace 0 88,350 0 0 0 Vahicb Re lacement 883,859 718,757 7,000,000 1,000,000 7,000,0 Vehick Resbradon 70,000 70,000 90,000 95,000 700,000 TOTALS: 31,438,245 !1,591,597 !1,671,176 31,311,200 32, 188,OW PARKS AND RECREATION BOND Bexle Trail Common' Park 500,000 0 0 0 0 Comet Park, inabll arkin bl 50,000 0 0 0 0 Other Promotional Coss 225,000 0 0 0 0 Ea les Park-Devalo ssive ark 400,000 0 0 0 0 Pom a Park-Cultural Cannac8on 300,000 Pom a Park-Buiklin Fx ansbn 800,000 Senior Center-Western Common' Center 4,503,045 Senior Center-Western Common' Center-Lana 4,108,068 0 0 0 0 TOTALS: 3 10 884 11/.00 t0 f0 f0 f0 [Table Revised by Amendment 07-1j CI-30 Capital Improvement Element Updated Table CI-CIP, Five Year Capital Improvements Schedule For Projects > $25,000 SD #7 CITY OF DELRAY BEACH, FLORIDA TABLE CI-CIP FNE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > f25.000 D .! RECREATION IMPACT FEE ___ _ Delra Swim 8 Tennis Center Parking Lot -East ~ _ ~ 70,100 0 0 0 _ NW ist Avenue Park 0 80,000 0 0 0 __ Oakmont Park Improvements _ 80,000 0 0 0 0 TOTALS: _ - 5150,100 580,000 SO SO SO BEAUTIFICATION TRUST FUND Ci Wide Tree Tdmmin -E ui menf 0 145,000 0 0 0 Com uledzed Irn afion S stem _ 20,000 50,000 50,000 50,000 0 Germantown Road Beautiflce8on _ 75,000 0 0 0 0 South Dixie City Entrance _ 30,000 0 0 0 0 TOTALS: 5125,000 5195,000 f50,000 f50,000 SO FUND COMMUNITY DEVELOPMENT _ Ship Pr remSlale Grant 576,010 0 0 0 0 _ Western SeHlers' Grant Program 105,000 0 0 0 0 Beacon CV -Villa e P ram 769,010 0 0 0 0 Plannin Administration 175,840 0 0 0 0 Housln Rehab-Federal Grant 266,030 0 0 0 0 Unsafe Bld s, Land u, Bike Paths, Neighborhood Resources 125,000 0 0 0 0 Grants and Aids -Federal Grant 89,410 0 0 0 0 Nei hborhoad Housing 248,600 0 0 0 0 TOTALS 51,294,700 SO SO SO SO BEACH RESTORATION FUND Beach Renoudshmenl-Fill Placement 0 0 0 0 7,250,000 Dune Rev Cation E ineedn 4i ear surve FY058nu FY77 Environmental En ineedng-Construction 40,000 39,080 0 0 40,840 0 0 42,265 0 0 43,960 285,000 0 750.000 En ineedn -Final 0 0 0 93,000 0 ConsWctian Surve s 0 0 0 0 50,000 ConsWCtion En ineering 0 0 0 0 70,000 _ E ineedn U dale Geotech 0 0 428,500 0 0 Final En ineedn id & N oliaeon 0 0 0 23,500 Sea Turtles Monifodn 38.750 20,000 20,000 20,000 40,000 TOTALS: 5117,830 560,640 5490,765 5445,460 58,160,000 GENERAL CAPITAL IMPROVEMENTS AtA Decerefive SVeet Lights & Mast Arms Install 50.000 250,000 0 0 0 Barwick PaM-Resod 0 0 0 60,000 0 Amedcen Disability Act Compliance Motlificeliens 0 0 0 0 253,000 Downtown Parking Lots-resurface, re-stripe, landscape 0 0 287,700 0 0 East Atlantic Avenue-resurfacing 0 0 0 92,000 0 Family Recreation 8 Fitness Center ConsWClion __ - 11,937,582 Family Recreation & Fitness Center Furniture 8 Fixtures 283,910 Family Recreation & Fitness Center Playground Area 98,500 FEC - SE & NE 1st Street Signal Rehabilitation FEC -Crossing Annual Rehabilitation Program Fiber Non-Public Safety Loop to ESD Complex-Info Tech 572,480 95,000 0 0 96,750 0 0 130,000 0 0 114,000 0 0 115,473 225,000 Financa/IT-Citrix Metaframe Fartn License Purchase 0 50.000 700,000 21,000 0 Finance/IT-Replace Internal Building Data Cabling Finance/IT-Replacement of Computers 8 oV equip _ _ Finance/IT-Mainframe ISedes Server Replacement ~ 85,000 75,000 0 100,000 150,000 0 0 150,000 550,000 0 150,000 0 0 150,000 0 Flnance/IT-Navaline Software 0 108,270 0 0 0 Finance/IT-Server Replacement-Software Upgrade 25,000 25,000 25,000 25,000 25,000 Fire-Headquarters-Add'I Parking, land/paving 0 0 0 0 120,000 Fire-Headquarters-Generetor Upgade 0 15,000 250,000 0 0 Fire Rescue Training Center 0 370,000 580,000 75,000 0 Fire-Mobile Data Terminals New/Repl inist line 52,500 0 112,500 112,500 0 Fire4vlobile Vehicular Radio Repeaters 100,000 25,000 50,000 50.000 50.000 Fire-Reswe Facility -Replace Telephone System 0 0 100,000 0 0 FireSite Plan 8 Design Depot Ave 50,000 0 0 0 0 FireSpecial Events Response VehiGe, new 0 25,000 0 0 0 FireSprinkler 8 Alartn System -80 Depot Avenue 0 0 40,000 0 0 FireSpdnkler 6 Alarm System-New Garage Facility 25,000 0 0 0 0 FireSlation #1 Entry/Courtyard 0 0 0 377,500 0 FireStatlons #2,#3-Roof Replacement Generel Buildin Maintenance-Ci Facilities Holster and Wea ons Mountetl Li htin S stem 225,000 150,000 45,000 0 150.000 0 0 150,000 0 0 150,000 0 0 150,000 0 Homewood Blvd Bike Lanes-Ph 1 744,250 0 0 0 0 Motorola 3.0 Ratlio System-Replacement 0 8,000,000 0 0 0 NE 8th Ave pavement -North of Bond Way 0 0 0 85,000 0 NE 2nd Street Sidewalks __ 0 108,400 0 0 0 Neighborhood EnhancemenVlmprovements 150,000 250,000 250,000 250,000 250.000 Old Germantown RoadSidewalks 216,700 0 0 0 0 CI-28 TABLE CI-CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > 525.000 s,: 35,000 0 0 0 0 Parks-Atlantic Dunes Park-Restroom Renovation Parks-Atlantic Dunes Park-Exotic Species Replacement __ 0 240,000 0 0 0 Parks-Pompey Park-Replace Bleachers 70,000 ~ 0 0 0 0 Parks-Community Center Replace Bleachers _ 0 55,000 0 0 0 _ Parks-Renovate Community Center Locker Room ~~ 50,000 0 0 0 0 Parks-Leon Weeks Preserve Renovation-Exotic Plant Removal 50,000 0 0 0 0 Parks-Maint Complex/Offce Ezpand/Space 0 0 0 105,000 0 Parks-Merdtt Padc, curb, irdgate, sad, bleachers 0 0 60,000 0 0 Parks-Miller Park Renovation 0 5,700,000 0 0 0 Parks-Pompey Park -Shade System ~ 0 42,000 0 0 0 Parks-Teen Center Renovation 0 50,000 0 0 0 Parks-Pocket Parks Construction 0 0 0 50,000 50,000 Police Dept-Caryet Replacement ~0 65,000 0 0 0 Police Dept- Lobby Renovation 0 0 0 110,000 0 Police Dept-Generator Replacement 8 EnUosure 245,770 0 0 0 0 Police Dept-Firearms Training Simulator 146,475 0 0 0 0 Police Dept- In-Car Visual Cameras 90,000 150,000 150,000 150,000 150,000 Police Dept- Report Wdting Room Renovation 30,000 0 0 0 0 Police Dept- Omnitrak Latent work station equip __ _ 0 0 114,000 0 0 Police Dept -Second Floor Addition Outside Evidence Room 0 0 0 300,000 0 Police Dept -Refurbish Police Parking Lot 0 0 0 100,000 0 Police Dept -Remodel Training Room 0 0 0 110,000 0 Police Dept -Remove Wallpaper 8 Paint 0 85,850 0 0 0 Police Dept- Replace Laptop Computers 0 304,400 152,200 0 0 Police Dept-Skid Car for ddver training 45,000 0 0 0 Police Dept-Voice and Web Court Systems 80.050 0 0 0 0 Rainberty Woods Neighborhood Enhance Ph II 98,500 0 0 0 0 Range Ballistic Backstop-Replacement 0 45,000 0 0 0 Replace Steel Light Poles 40,000 40,000 40,000 40,000 40,000 S Swinon Avenue r@ SW/SE 4th Street 0 0 0 0 402,200 _ SE 8 NE 5th 8 6th Av frm SE 4th St to SE 10th St 0 0 0 2,330,000 0 SE B NE 5th 8 6th AvSE 4th St to NE 4th St 2,875,000 ~ ~ 0 0 0 0 Seacrest Blvd-NE Bth St - Gulfstream BlvdStreet RecenstmU 0 0 0 0 417,000 Street Resurtace/Recenstruction-ydy program 200,000 200,000 200,000 270,000 280,000 SW 14th Ave-SW 2nd St to SW lst StreetBAlleys 241,350 0 0 0 0 SW 1st Ave-SW 1st St to W. Atlantic Avenue __ ~ 0 413,300 0 0 0 SE 2nd St - S Swinton Ave to FEC x4ng 0 0 348,500 0 0 SW 29th StSW 22nd Avenue Sidewalks 284,250 0 0 0 0 Tennis Center-Clay Court Rehab 90,000 80,000 80,000 80,000 80,000 Tennis Cntr-Equipmnt Storage Enclosure _ 0 0 0 25,000 0 Treffc Calming-annual program 0 140,000 144,000 201,000 230,000 Veterans Park Master Plan _ ~ 0 0 0 45,000 0 W Atantic Ave Ph III, IV -12th Av - 6th Av 2,517,500 0 0 0 0 TOTALS: 59,883,325 527,560,262 54,043,900 56,456,000 52,867,673 WATERISEWER NEW CAPITAL OUTLAY 150 KW Portable Generator (2), 100 KW 1 0 140,790 0 0 0 __ ESD Fiber O fit Loo onduit 0 0 0 75,000 0 Greenbder Drive Sewer -new sanity sewers stem 0 238,000 0 0 0 LIMS S tem for ESD Lab 0 27,000 0 0 0 ReUaimed Water Connection to Lakeview GC _ 390,000 0 0 0 0 RBUaimed Water DistdbutioNCustomer Connection 185,000 165,000 165,000 165,000 185,000 SCRWTDB Pelletization Pro'ect 1,200,000 0 0 0 0 Stud a Thickener-new 525,000 0 0 0 0 TruckA uisition 0 40,000 0 0 0 ReUaimed Water Transmission S sy tem 1,757,000 1,887,000 1,110,000 1,390,000 1,390,000 TOTALS: 54,077,000 52,487,790 51,275,000 51,630,000 51,555,000 WATERISEWER RENEWAL 8 REPLACEMENT FUND Clarifier Rehabilitation 250,000 0 0 0 0 Crestwood Drive Water Main U rode 116,500 0 0 0 0 Delra Shores Neighborhood Water Main upgrades 0 0 0 0 768,700 Eldorado Lane 8 Sunshine Dnve Water Main upgrades 0 426,700 0 0 0 Elevated Water Storage Tank Maintenance 17,000 17,000 17,000 17,000 18,700 Elevated Tank isolation valve re I. 30,000 0 0 0 0 __ En Ineedn bld .conversion to storage 371,000 0 0 0 0 FDOT RRR -US1 frm C75 Canal 50,000 0 0 0 0 Litt Station Rehabilitation #560, 58B, 59C, 53A, ZBA 60,630 60,630 80,830 80,830 60,830 Lake Odve Water main up rades _ 218,200 0 0 0 0 Lar a Meter Re lacement Pro ram ~ 40,000 50,000 0 0 0 __ Lowson Blvd. Force Main Re lacement 0 398,000 0 0 0 Meters Replacement Program 113,000 0 0 0 0 NE Bth Avenue - NE 2nd Street to NE 5th Street 0 0 0 448,500 0 NE 8th Avenue -North to Bond Way 0 0 0 88,000 0 _ North Lake Ida Area Water Main 0 0 469,840 234,770 0 NW 4m 8 NW 4th Av Water Main 0 0 593,400 0 0 CI-29 FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS> 525.000 CI-30 MENT Capital Improvement Element Existing Table SD-CIP, School District of Palm Beach County Capital Improvement Schedule SD #8 CITY OF DELRAY BEACH, FLORIDA A~ e y S E Y L O °m E m- E 6 6 `o~ by O 8 q C m Y r N A ~S~T 4,_ GT7 §ktl 8~~ F3111 f'~~ sa~ ~ =~~` ~ L ~ m°=°- Q .9.~ s ~ 5 ~ ~ B 9 ` m F 8 S Rg m ~ m ~ !{ $$$ i"- ~ m 8 A~ .'6 ~ F o ~.q ~ ~ ~ ~ ~C 3 mm ~ 3 ~. ~ ~e~ ~ ~_ S ~ a R o ' _ ' a R 8 Z~ g E v'~ ~~ g~ 3 ffi 8 0 N ~ C ° g ~ +i~p~ 3FY~~i ~S~`n ISE FS din °NAJi ~n ~ ~ =PS ~F AN n ~ Nn YI FI mN°~S ~ d r nR Yi n .~ ~Ti EE X T, $ o ~ $n N , la R ~Z p a ~ • s a N 6 $ ~{ s k~ L a ~ rt z g g 8 9 6 ~ ~ a ~ Y ~ ~ A R 8 8 a r 8 e R 8 A A A g ~ ~ ~ e ~ 8 ~ 8 8 ~ R ~ ~ N F A iB f1 ' F7 }( g . o B~ o R a m~ m p o ~ a ~ 0 8~ Z~ ~ ~. ~ S~ e n s ry N ry K r K S t '8 8 8 ~ ~ ~ ~ A. ~ ~ o ~ m 3. ~y m ~ ~ ~ i ~ ~ A ~ 8 8.~ 0 53 F ~ ~ ~ ~ ~ ~ p 6 . _ 0 L= a ~ ~ y $~~j f m g $ $ ~ ~ ~ $ ~ ~ °' ~ ~ S g p ~ € ° a 5 & ~ 9 ~ $ ~ 5a ~ ~E y~F gggb ~ ' ~ 'E ~ 5 m f x O y ~ Tf ~ 9 y ~ E ~ i ~ ~ 6 ~ ~ N gg ~ b n a e ~ ~ pp m = ~ ~ m n i ~ e 2 ~ g ~ e ~ $ $ dl n y ~ € ~ x ~ iN $ di ~ 6 5 E fi ~ iFf ZZ~ a ~ = 3~ R tltltl~ ~ ~` g 8 8 ~ $ 2 ~S w a f c . $ y d ~ ., ~~ Y d 6~~ E rb f. ui 3 ~ E _ m f~~ m B 3 m~ E o ~7 ~ Y.' 0 0 0 Y 5 6 m ~ ~ ~ ~ : $~~ 2 5~ E ~q u$ 5 E ~' ~ E y{ dE 5 E m~~ $ R~ E x F L a g m a u m 6 F E~ 8~~ E b ~ x m p ~ d OJ S~ S rc d m x e e e e c§§ $ ~~~ E g ~ ~~ O ~ g ~ E E f p i i ~J1d3~~ ~ 9d8 ~ = C ~ LL~ x ° 8dd¢'rc d. 6 u u u u a~di~~ 6 LL3s- 3z z m rc 3 o , N O C m a e m E Q .Q m ~1 v M U tl a °~' m E m- E9 6 y4y V ~ m b ! 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RLG n ~ 7 ~ ~ m p ~ ~ A .~ 1 ~ n ZZ Z i ~ e ~ 8 ~ R z $ 3y3 Y1 ~ s} R @~$~.$~ ~ ~ ~' = o g nq : Fi "1~& F n~ H88 i 9t _ S~ 3 x ~,rc ~ In11~~ « ~~ ~6si ~a~sis: x z n ~ C R m ~ ~ ~$"a "s ~~~sas s ~ ~ S C ~ ~ ®. E ~ °7. R x ~ R a ~ r~3~a~# 1 3 ~ 4 S p 6 P. ~ R _ am oh s c g ~ ~ 5 c #~ 9 e gg ~~ ~~ 0 ~~ c S s ~ ~ • y e°s~ p ~ _ < r $ ~ a rc y b 5 6 s k y~ S N O M C m a c d E a d N W `. M U ry p e y o F ~ 'o °rv E m- Eg LL ~6 S~ o e ~~ N w m F N ~ ~ta~r W ~ g~~ F ~3V11 a" f ~ ~ ~ ~ ~ ~ ~ ~ = ~ # 'a ~ ~ ~ ~ ~ ~ ~ # ~ ° rt ~ ~ L~ . ~ ~ a ~ ~ F ssi +~j E F ~ ~€~ w "~{ ~ s N ~ $x ~ ~° ~ H m $ N ? OE P~aL ~ ~~ $ ~~ $ 8 4 ~$ ~ g s s i ~ l R a ~ ffi ~z t ~ ~~ ~ ~ ~~ a " 3E ~ ~ ~ A a y y F ~ R z s ~ a :~ " $ 3 g R ~ ~ P R ~$ ~ a ~ '~ _ ~ ~ ~ n o ~ ~ o F ~ ~ ~ B ~~~ pk p 8 ~ S ~ ~ S ~~ a P a ~ a^ # z # ~ C ~ ~ w L a i '8 ~~ 8 ~ n ~ S E R ~ R$$ F a ~ ~ ~ f t f ~~ ~ ~ 7 ~ R ~~ ~ ^° 7 E z F ~ g q~ ! ~~~ S g~ ~~~~ ~ ~ & E~A ~~ALLa Y ~ ~a ~~n 8 , Y g ~888~~ ~ '~~~~~ 9 $~a 9 N O G ro a e m E Q a m .H m `. M U PORT DO Capital Improvement Element Updated Table SD-CIP, School District of Palm Beach County Capital Improvement Schedule SD #9 CITY OF DELRAY BEACH, FLORIDA i a c E d~ >> dO r y m A ~ G d ~ ~U LL .`.. 7 8 0 8 8 ~ 8 M « ~R ~~ m E B $ ~ ~5 ~ M v ~ S ~i n 'S $ `a S ~ S3 ~ M MRS, '`d~$ ~€ $ °" ~~'_ ez ~ $ o ~ .'~~. do-, a R 0 o8~,Ym~ o ac ~.$ ~ o. $: $m: ~. ~ ~V Yml t+ rn ~. Y+. +~~1 aqi ~i M « N O % o ~_~ 9Y_ ~ ij ~ ~ ~ ' w~ 44 ~E ~ E G: f ~ `~ x ~ S ° w $ D ~ @ a 8 _ 'J ~ {~ E o F ®:~ G E S q£~ re 5 ~. u„~~ <~ Eam~€~EEm o m ~ ~ o b'. E 3~ a$ G$~ e E$ m gE E~ Y M M 2 *cwiw~i~iiaa a°Nin va~~33~ m° wg e Gl X ~ ~ M ~" ~° ~. m n $. 8 ffi n ~ ~:~ ~ ~ ro~ 9~ 8 8 d 8 ~&8'6~~ o n ~ m Y, Y N « C r0 1n n ~ < R frv t~1'. n v M m gi @F~ i a~+` b G g ~ .4 F 8~ B m ~. S w Z~ E E i ~. 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CI-37 TABLE SD-CIP -SCHOOL DISTRICT OF PALM BEACH COUNTY CAPITAL IMPROVEMENT SCHEDULE PALM BEACH COUNTY SCHOOL DISTRICT 2W7 - ZWB Work Plan Ten Year :Capacity (wnUnaedy 3dterluK d Cepltel outlay ixobds itrp4edeC M enwre the eveibbMdy d setlsfedary steoent Sletlans for the prajapteo stuoent enrdlmmt In K-12 progrems fwthe Nturo 5 ysen tiayondihe 5-year 4slikt fedlHieSwork proprem. CI - 38 TABLE SD-CIP -SCHOOL DISTRICT OF PALM BEACH COUNTY CAPITAL IMPROVEMENT SCHEDULE PALM BEACH COUNTY SCHOOL DISTRICT Ten-Year Planned UUIizaUon Ten-Y~r InhasUUCture Planning Proposetl Location of PlarmaQ New, RanadsbQ or NawAdtlitlons to Fad111tiesin 71 tMU 3gou! years (Sectlon Za). Greabr WPS:/ LW Nap H$lp3-0G0)NCw Smlppa yvee ES (04-A) New WPBNea MS (01-0i5) New Weabm Cg1YnuNliea ES (g6-B): New RMereSeach H9 (02~MMMk Wew Glgge View E9 MdEernlzatlon Gdd CoesR Maaamzp[lon All.. Ed. RooceyeR Fug SerNw.Mt.. Ed.. Wynnetimdr ES Motlemizatfm CreslwooaMSMMiUm Creslwoad:MS Cote Erpanaian JupRar A1SPdtlltlon Melntensnca Compound 3oudt Sabel Palm Schoq P.dblUon M. Ed. VylegaAestlemy Bllllddut Bpyn(dn f f)alny Mee MS (02-LLpWaw Jup6erFerms Mea:MS (03NNJNew Washington. ES Modemizatlon Gmve.Pmk ES Modarnlzanart West RINaFa ES Motlemlzetlan PInO QP%< Modamizetbn ES Mdaamlzatlan Mel9lhde. ES Modern Izalion f~paenw4tl ESMademPeUan Addison hgtner ES MOdamizdtlon Oelrey Full SeMCe Att. Ed. Swth Nee MSof CWgceNl. Ed. 2007 - 2008 Work Plan Plans fa closure of any sctwq, Iheludfng plansfor tllspoeRldn of NeTacllliyor usage Oi hUlllyspaCe, ahtl antlNpatad FawaMJes Inih61Y thru 20aut yeve 18edion 2g1. No icnool closures, gsposlUOns: ar revenues ere Rlpnned el mis time. CI - 39 Schedule of plannedcepilet rutlay pralags IdanUfymg the standard grade groupings, uepeUaes, entl planned uUNietlcn nltead future eduoetbnel faames ofihe o7sbiq Mbom pemlenentand rdacelabbfeCUbles. TABLE SD-CIP -SCHOOL DISTRICT OF PALM BEACH COUNTY CAPITAL IMPROVEMENT SCHEDULE PALM BEACH COUNTY SCHOOL DISTRICT 2067 - 2009 Work Plan Twenty-YearCapaclty SMatlde of capital outleyprOleds prgeded loenwrelhe avallat+il0y dsetisfeNOry student stations far the prgeded student enrdlment In K-12pw9romafarihe Moro 11; 20 yeerspeyantl theSyeerAlsulU.fed9tles wanr:prapram. Twenty-Y~r Planned Utilization Twenty-Year Infrastructure planning Propossd LOCadonof Manned Now,: RamotlNad, ar NswAdiBlbrtsto FaWltlas In 17. Mru Z9 out years (Se W on Zej 1 New 9imentary SchOd- Toles tlNaminM S:Mew Mddle 3ploda-Tp pe determnetl 7 NtrM Nigh Shcod -Tdoe dNeminad Marre (dt Nasuroo(anyacho0l; hloludln9 plans for disposnlon.Oltlro h011ky or usaq• Of faNllty spxe, and anaGpatad revenues Inttw 11 ihn ~Ooul years ISeetfon 296 No schoddowrez, dispositlans, a revenueaero planned at mistime. CI-40 Schedule ofplannetl ttpltN auttaqy gQeds Identlryinfftlre NantlaM:getle:g0up(nga, cepacnea;. antl Dlanned Ottli2Nkn relea Ntilture etlucetlanfll ffld911es Nthe ElsMd fg bale permanent end rolaGltadefidlitles: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER PAUL DORLING, AICP/,~ DIRECTOR PLANNING AND ZONING ~Q,~~~ THROUGH: CITY MANAGER~~` I v// DATE: NOVEMBER 15, 2007 SUBJECT: ITEM BEFORE COMMISSION The item before the City Commission is aCity-initiated amendment to LDR Sections 1.4.3(D), 1.4.4(A), 1.4.4(D), 2.2.6(C), 2.2.6(D), 4.5.1(E)(6), and 4.5.1(F). BACKGROUND A significant concern within the historic districts is demolition by neglect of historically significant and/or contributing structures. Demolition by neglect happens when the structure is neglected and left to self-demolition. The proposed amendments provide that the neglect of individually designated structures and/or structures located within historic districts will constitute a nuisance violation of the City's Code of Ordinances. The penalty for such violation will result in a civil citation or notice of violation pursuant to the City's Code of Ordinances. Additional changes are proposed to existing LDR Sections which provide review criteria for applications for demolition. LDR Section 4.5.1(F), Development Standards, "Restrictions on Demolition," provides review criteria when any structure within a historic district is proposed for demolition. Additional language is proposed requiring the property owner to submit information regarding the state of disrepair, such as certified reports from a registered architect or engineer noting the structural soundness of the property, and the costs to repair the structure in order to return it to a safe and habitable condition. In addition, an appraisal is to be provided of the property's condition 1) at the time of application, 2) value as vacant land, 3) potential value upon restoration, and 4) documentation that reasonable efforts were made to salvage the structure through relocation. This information has typically been requested from the applicant upon first review by the Historic Preservation Board. LDR Section 4.5.1(E)(6) has been expanded to require demolition applications to be accompanied by the complete redevelopment application, City Commission Documentation, Meeting of November 20, 2007 City-Initiated Amendment to the LDRs RE: Ordinance 55-07 and that the two requests be reviewed and decided upon concurrently. Further, the new language will require that demolition not take place until the building permit for the new development is issued. The intent is to avoid leaving empty lots if the redevelopment project is not built and to provide time for the applicant to investigate relocation of the structure. Additional minor LDR revisions include clarification that a majority of the HPB members present and voting may approve a COA application, and that the Board has the authority to apply more restrictive standards than the maximums identified in the zoning regulations in order to achieve compliance with the visual compatibility requirements of LDR Section 4.5.1(E)(8). REVIEW BY OTHERS The Pineapple Grove Main Street committee reviewed the subject amendments at its November 7, 2007 meeting and unanimously recommended approval. The Historic Preservation Board (HPB) considered the subject amendments at its November 7, 2007 meeting, and recommended approval by a vote of 5-2 (Lake and Kucera-Winney dissenting). The Community Redevelopment Agency (CRA) considered the subject amendments at its November 8, 2007 meeting and unanimously recommended approval. The Downtown Development Authority (DDA) considered the subject amendments at its November 12, 2007 meeting, and unanimously recommended approval. The West Atlantic Redevelopment Coalition (WARC) considered the subject amendments at their November 14, 2007 meeting, abstained from making a recommendation due to lack of information. The subject information was submitted to the CRA for review by WARC on Wednesday, November 7, 2007, by the Planning and Zoning Department. However, this information was not included in the members' packets. The Planning and Zoning Board considered the subject amendments at its November 19, 2007 and a recommendation will be available at the City Commission meeting. RECOMMENDATION By motion, approve on first reading Ordinance No. 55-07, to amend Land Development Regulations (LDRs) Sections to the Land Development Regulations (LDRs) associated with Ordinance 55-07 by adopting the findings of fact and law contained in the staff report and finding that the text amendments are consistent with the Comprehensive Plan and meet the criteria set forth in LDR Section 2.4.5(M). Attachments: • Ordinance No. 55-07 • Planning and Zoning Staff Report of November 19, 2007 2 ORDINANCE NO. 55-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SECTIONS 1.4.3, "ENFORCEMENT" AND 1.4.4, "PENALTY", PROVIDING THAT NEGLECT SHALL CONSTITUTE A NUISANCE AND PROVIDING FOR ENFORCEMENT AND PENALTIES; AMENDING SECTION 2.2.6, "THE HISTORIC PRESERVATION BOARD", SUBSECTION 2.2.6(C), "MEETING AND QUORUM", PROVIDING FOR VOTING; AND AMENDING SUBSECTION 2.2.6(D), "DUTIES AND RESPONSIBILITIES", PROVIDING FOR EXPRESS AUTHORITY FOR THE HISTORIC PRESERVATION BOARD TO APPLY THE HISTORIC COMPATIBILITY REGULATIONS; SUBSECTION 4.5.1(E), "DEVELOPMENT STANDARDS", SUBSECTION 4.5.1(E)(6), "DEMOLITION", AND 4.5.1(F), "RESTRICTIONS ON DEMOLITIONS", PROVIDING REQUIREMENTS FOR THE APPLICATION AND APPROVAL FOR DEMOLITION; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Dekay Beach has the authority to protect the health, safety and welfare of its citizens; and WHEREAS, the City Counnission of the City of Delray Beach has the authority to make regulations pertaining to land use and development within the City of Dekay Beach; and WHEREAS, the City Commission of the City of Dekay Beach believes that protecting and preserving historic properties/districts furthers its goals of promoting health, safety and welfare by preserving the history of the City for the welfare of future generations; and WHEREAS, the City Commission of the City of Delray Beach desires to preserve the property values of all land owners in historic districts and/or individually designated historic properties; and WHEREAS, the City Commission of the City of Dekay Beach desires to clarify the language in its Land Development Regulations pertaining to historic properties/districts in order to provide guidance for those citizens that live ox own property in historic properties/districts. WHEREAS, the Ciry Commission desires and intends fox the Historic Preservation Board to have wide discretion to limit overlay and zoning district requirements fettered by the limitations provided in this ordinance pertaining to visual compatibility standards including but not limited to: height, width, scale, mass, fa4ade, openings, rhythm, materials, color, texture, roof shapes direction, lot coverage and square footage; and WHEREAS, the City Commission desires and intends that the limitations provided in the overlay and zoning district regulations shall serve as a maximum upper limit and these Historic Preservation Design Guidelines codified in this ordinance shall provide additional limitations that may be considered and applied to properties within all historic districts in the City of Dekay Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 1.4.3, "Enforcement", of the Land Development Regulations of the Code of Ordinances of the City of Dekay Beach, Florida, is hereby amended to read as follows: Section 1.4.3 Enforcement: (A) Code Enforcement Board/Hearing Officer and County Court: When The Ciry Code Enforcement Board/Hearing Officer and County Court in Palm Beach County shall have concurrent jurisdiction to hear and decide cases seeking compliance with these regulations or an order to correct a violation and when a hearing is sought with respect to an alleged violation, the matter shall be decided by the Code Enforcement Board Hearin Officer pursuant to Chapter 37 of the City Code. (B) A Certificate of Occupancy shall not be issued for any building, or structure, or portions thereof, that fails to meet all applicable requirements of these Land Development Regulations. The use of a building without proper issuance of a Certificate of Occupancy is a violation of Code and shall be grounds fox issuance of a stop work oxdex or cease and desist oxdex by the Chief Building Official, and other remedies set forth herein. (C) Nothing herein shall prevent the City of Delray Beach from taking such other lawful action deemed necessary to prevent or remedy any violation. fDl The neglect of individually designated historic structures and/ox structures located within historic districts shall constitute a "nuisance" violation of the City's Code of Ordinances pursuant to Section 100.10. Section 2. That Section 1.4.4, "Penalty", of the Land Development Regulations of the Code of Ordinances of the City of Dekay Beach, Florida, is hereby amended to read as follows: Section 1.4.4 Penalty: 2 ORD. NO. 55-07 (A) Violation of the provisions of these Regulations, ox failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with grants of variances or conditional uses shall constitute a punishable violation. Any person who violates these Regulations, or fails to comply with any of its requirements, maybe issued a civil citation pursuant to Section 37.45 of the City Code ox a notice of violation~uxsuant to Chapter 37 of the City's Code of Ordinances and shall upon conviction thereof, be fined not more than $500 ox imprisoned for not more than 60 days, or both, and shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. (B) The owner ox tenant of any building, structure, premise, or part thereof, and any architect, agent, builder, contractor, ox other person who knowingly commits, participates in, assists in, or maintains such violation, may each be found guilty of a separate offense, and suffer the penalties provided herein. (C) In addition to any and all other penalties, any person who carries out ox causes to be carried out any work in violation of Section 4.5.1 shall be requited to restore the subject improvement, building, site, structure, appurtenance, or landscape feature, either to its appearance prior to the violation or in accordance with its certificate of appropriateness required by the Historic Preservation Board. fD) Structures that ate individually designated as historic ox axe located in historic districts shall be maintained in a secure and attractive manner. Neglect of historic structures/structures in a historic district shall constitute a "nuisance" violation pursuant to Section 100.10 of the City's Code of Ordinances and shall result in maximum penalties. (~j~E Nothing herein shall prevent the City of Dekay Beach from taking such other lawful action deemed necessary to prevent ox remedy any violation. Section 3. That Section 2.2.6, "The Historic Preservation Boazd", Subsection 2.2.6(C), "Meetings and Quorum", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (C) Meetings and Quorum: (1) The Historic Preservation Board shall hold at least one regularly scheduled business meeting each month and it shall be held in the evening hours. (2) Four members of the Board shall constitute a quonun. (3) hde An application for a Certificate of Appropriateness shall be ORD. NO. 55-07 droved by a majority of the members present and voting. Section 4. That Section 2.2.6, "The Historic Preservation Board", Subsection 2.2.6(D), "Duties, Powers and Responsibilities", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (D) Duties, Powers and Responsibilities: (1) Develop, maintain, and update a survey of azcheological sites, properties, buildings, structures, and districts of special historic, aesthetic, architectural, cultural, ox social value or interest. The Board will endeavor to improve, expand, and make more accurate the survey as additional documents, information, oral histories, and other such materials may become available, and it will periodically reevaluate the survey. The Board will work with the City Historical Society, the State Bureau of Historic Preservation, and other appropriate public and nonprofit organizations in maintaining this survey. (2) Nominate properties for designation, and regulate such properties, structures, buildings, sites, districts, and the like so designated as historic sites and/ox historic districts. (3) Participate in the National Register program to the greatest possible extent, as defined by the 1981 and subsequent amendments to the Historic Preservation Act of 1966 and regulations and rules drafted pursuant hereto by the National Park Service and the State Bureau of Historic Preservation. (4) Act as a regulatory body to approve, deny, ox modify certificates of appropriateness as specified in Section 2.4.6Q). The Historic Preservation Board Section 4.5.1 (El (81. (5) Make recommendations concerning land development code amendments to the Planning and Zoning Board, and concerning building code amendments to the Chief Building Official, as they apply to Historic structures and districts. (6) Act in lieu of Board of Adjustment. The Historic Preservation Board shall act in lieu of the Board of Adjustment and is empowered to grant variances from existing ordinances fox properties designated as historic sites, within designated historic districts or listed on the Local Register of Historic Places. In addition, the 4 ORD. NO. 55-07 Board is empowered to grant variances from the sign code fox those nonconforming signs which existed at the time of enactment of the sign code and relief to Section 4.6.16 through the waiver process [Section 2.4.7(B)]. (7) Develop, establish, and regulate guidelines concerning contemporaneous azchitectural styles, colors, building materials, and so forth fox historic sites and within historic districts. Such guidelines will be subject to review by the Site Plan Review and Appearance Board and the Planning and Zoning Board, and will be subject to approval by the Commission. The Board's consideration and approval of certificates of appropriateness under these guidelines shall be in lieu of consideration and approval by the Site Plan Review Board. (8) Make recommendations to the Commission about facade easements, the imposition of other restrictions, and the negotiation of contracts for the purposes of historic preservation. (9) Increase public awareness of the value of historic preservation by developing, conducting, and participating in public education pxograzns. (10) Make recommendations to the Commission concerning the use of giants from federal and state agencies, and the use of City funds to promote the preservation and conservation of historically and aesthetically significant azchaeological sites, historic sites, and historic districts. (11) Evaluate, comment upon, and make recommendations to the Commission concerning the deliberations and decisions of other public agencies affecting the physical development and appearance of historically and aesthetically significant archaeological sites, historic sites, and historic districts. (12) Contact public and private organizations, businesses, and individuals and endeavor to azrange agreements to help insure the conservation and preservation of historically and aesthetically significant sites, buildings, structures, and districts for which demolition or destruction is proposed. (13) In the name of the City, and only with the express approval of the Commission, seek, apply fox, solicit, receive, and expend any federal, state, or private giant, gift, ox bequest of any funding, pxoperry, or interest in pxoperry to further the purposes of historic and heritage conservation and preservation. (14) Make recommendations to the Commission, and by referral to the Planning and Zoning Board, to make historic preservation concepts an integral and ongoing part of all Ciry planning and zoning codes, the City land use plan, and any 5 ORD. NO. 55-07 comprehensive use planning required by this state. (15) Create and approve standardized historic markers and plaques and issue recognition to designated historic sites and historic districts within the City. (16) Advise the Commission on all matters related to the use, administration, and maintenance of city-owned designated historic sites and historic districts. (17) Execute any other functions which may be approved by ordinance ox resolution of the Commission. (18) Demonstrate a spirit of cooperation with and provide administrative assistance to property owners in the conservation and preservation of historic sites and properties within historic districts. (19) Develop and maintain a Historic Preservation Manual for the City to help property owners fulfill the regulations and requirements of this section and the regulations for historic preservation developed by the Historic Preservation Boazd and approval by the Commission. Section 5. That Section 4.5.1, "Historic Preservation Sites and Districts", Subsection 4.5.1(E), "Development Standards", Subsection 4.5.1(E)(6), "Demolition", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 4.5.1 Historic Preservation Sites and Districts: (E) Development Standards: (6) Demolition. Demolition of historic situ or archaeological sites, or buildings, structures, improvements, and appurtenances within historic districts will shall be regulated by the Historic Preservation Board in the manner described in Section 4.5.1(F). Demolition applications shall be accompanied by a complete aunlication for redevelopment of the pxoberty. Approvals for demolition shall not be ,granted until the redevelopment application has been approved. The demolition shall not occur until a buildingpermit has been issued fox the redevelopment. Section 6. That Section 4.5.1, "Historic Preservation Sites and Districts", Subsection 4.5.1(F~, "Restrictions on Demolitions", of the Land Development Regulations of the Code of Ordinances of the City of Dekay Beach, Florida, is hereby amended to read as follows: (F) Restrictions on Demolitions: No structure within a Historic District or on a ORD. NO. 55-07 Historic Site shall be demolished without first receiving a Certificate of Appropriateness pursuant to Section 2.4.6fH1 f ~• 'The Historic Preservation Board shall be guided by the following in considering such a request. (1) The Historic Preservation Board upon a request fox demolition by a property owner, shall consider the following guidelines in evaluating applications fox a certificate of appropriateness fox demolition of designated historic sites, historic interiors, or buildings, structures, ox appurtenances within designated historic districts; (a) Whether the structure is of such interest or quality that it would reasonably fulfill criteria fox designation fox listing on the national register. (b) Whether the structure is of such design, craftsmanship, ox material that it could be reproduced only with great difficulty or economically nonviable expense. (c) Whether the structure is one of the last remaining examples of its kind in the designated historic district within the city. (d) Whether retaining the structure would promote the general welfare of the city by providing an opportunity to study local history, azchitecture, and design, ox by developing an understanding of the importance and value of a paxticulaz cultare and heritage. (e) Whether there axe de~fiftite droved plans fox immediate reuse of the property if the proposed demolition is carried out, and what effect those plans will have on tke-ehaxaetet~€ the surrounding area. (2) No decision of the Board shall result in undue economic hardship fox the property owner. The Board shall have authority to determine the existence of such hazdship in accordance with the definition of undue economic hazdship found in Subsection (F3). (3) The Board's refusal to grant a Certificate of Appropriateness requested by a property owner for the purpose of demolition will be supported by a written statement describing the public interest that the Board seeks to preserve. (4) The Boazd may giant a Certificate of Appropriateness as requested by a property owner, fox demolition which may provide fox a delayed effective date. The effective date of the certificate will be determined by the Board based on the relative significance of the structure and the probable time required to arrange a possible 7 ORD. NO. 55-07 alternative to demolition. the Board may delay the demolition of designated historic sites and contributing buildings within historic districts fox up to six months while demolition ofnon-contributing buildings within the historic district may be delayed fox up to three months. (5) During the demolition delay period, the Board may take such steps as it deems necessary to preserve the structure concerned. Such steps may include, but are not limited to, consultation with community groups, public agencies, and interested citizens, recommendations fox acquisition of property by public ox private bodies, ox agencies, and exploration of the possibility of moving one or more structures ox other features. (6) The Board may, with the consent of the property owner, request that the owner, at the owner's expense, salvage and preserve specified classes of building materials, azchitectural details and ornaments, fixtures, and the like fox reuse in the restoration of the other historic pxoperdes. The Board may, with the consent of the property owner, request that the Dekay Beach Historical Society, ox the owner, at the owner's expense, record the azchitectural details fox azchival purposes prior to demolition. The recording may include, but shall not be limited to photographs, documents, and scaled architectural drawings to include elevations and floor plans. Two (2J copies of such recordings shall be submitted to the City's Planning and Zoning Department. One (1 to be kept on file and the other to be archived with the Dekay Beach Historical Society. At the Board's option, and with the property owner's consent, the Boazd ox the Dekay Beach Historical Society may salvage and preserve building materials, architectural details, and ornaments, textures, and the like at their expense,xespectively. f71 The owner shall provide the following information on his/hex aonlication for any contributing structure in a historic district ox individually designated historic structure: (al A certified report from a registered azchitect ox engineer which provides documentation explaining that the building is structurally unsound and is damaged beyond the ability to repair it at a reasonable cost. The report must include photogx~hs to substantiate the damage. (bl A terrified report from an engineer, architect, general contractor, or other qualified professional which documents the projected cost of repairing the structure and returning it to a safe and habitable condition. (-cl An appraisal of the property in its current condition, its value as vacant land and its potential value as a preserved and restored historic 8 ORD. NO. 55-07 xo ex (~ Documentation that reasonable efforts have been made to find a suitable alternate location fox the stmcture within the City of Dekay Beach to which the contributing/ individually designated historic structure could be safely relocated. Section 7. That should any section ox provision of this ordinance ox any portion thereof, any pazagxaph, 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 ox pazt thereof other than the part declazed to be invalid. Section 8. That all ordinances ox parts of ordinances in conflict herewith be, and the same axe hereby repealed. Section 9. That this ordinance shall become effective immediately upon its passage on second azid 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 9 ORD. NO. 55-07 PLANNING AND ZONING BOpR© MEMORANDUM STAFF REPORT MEETING DATE: NOVEMBER 19, 2007 AGENDA ITEM: IV. B ITEM: CITY INITIATED AMENDMENTS PERTAINING TO THE LAND DEVELOPMENT REGULATIONS (LDR) SECTION 1.4.3, "ENFORCEMENT", SECTION 1.4.4, "PENALTY", PROVIDING THAT NEGLECT SHALL CONSTITUTE A NUISANCE AND PROVIDING FOR ENFORCEMENT AND PENALTIES; SECTION 2.2.6(C), "MEETING AND QUORUM", PROVIDING FOR VOTING, 2.2.6(D), "DUTIES AND RESPONSIBILITIES", PROVIDING FOR EXPRESS AUTHORITY FOR HISTORIC PRESERVATION BOARD TO APPLY THE HISTORIC COMPATIBILITY REGULATIONS; SECTION 4.5.1(E), "DEVELOPMENT STANDARDS", SUBSECTION 4.5.1(E)(6), "DEMOLITION", AND 4.5.1(F), "RESTRICTIONS ON DEMOLITIONS", PROVIDING REQUIREMENTS FOR THE APPLICATION AND APPROVAL FOR DEMOLITION. The item before the Board is that of making a recommendation to the City Commission regarding City-initiated amendments to LDR Sections 1.4.3(D), 1.4.4(A), 1.4.4(D), 2.2.6(C), 2.2.6(D), 4.5.1(E)(6), and 4.5.1(F) as detailed below. These amendments are primarily associated with the prevention of demolition by neglect of historic structures, and deferral of demolition of historic structures until redevelopment plans receive a building permit. 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 subject amendments address specific concerns raised by the Historic Preservation Board (HPB) and city residents, and incorporate recommendations made by REG Architects, Inc. in 2006 during a comprehensive review of the City's existing regulations. The amendments focus on the following components: declaring neglect of historic structures a nuisance violation, providing enforcement and penalties for neglect of structures in historic districts or individually listed structures; clarification that a Certificate of Appropriateness (COA) application requires approval by a majority of the members present and voting; clarification that the HPB has the authority to apply more restrictive standards than the maximums provided in the zoning regulations in order to achieve compliance with the Visual Compatibility Standards of LDR Section 4.5.1(E)(8); requiring the submittal of a redevelopment application concurrently with a demolition application and provision that demolition shall not occur until after a building permit has been issued for the redevelopment; and outlining additional information and documentation required with applications requesting approval to demolish contributing structures. It should be noted that the subject amendments were originally included in Ordinance 68-06 and are now being proposed separately. Planning and Zoning Board Memorandum Staff Report, November 19, 2007 Amendment to LDRs re: Nuisance and Demolition -Ordinance 55-07 The following outlines each of the proposed amendments LDR Section 1.4.3(D) Enforcement Adds language that the neglect of individually designated historic structures and/or structures located within historic districts shall constitute a "nuisance" violation of the City's Code of Ordinances pursuant to Section 100.10. LDR Section 1.4.4(A) Penalty Adds language that failure to comply with the LDRs may result in the issuance of a civil citation pursuant to Section 37.45 of the City Code or a notice of violation pursuant to Chapter 37 of the City's Code of Ordinances. LDR Section 1.4.4(D) Penalty Adds language that structures which are individually designated or located within a historic district shall be maintained in a secure and attractive manner. Neglect of individually designated structures and/or structures in a historic district shall constitute a "nuisance' violation pursuant to Section 100.10 of the City's Code of Ordinances and shall result in maximum penalties. LDR Section 2.2.1i(C), Historic Preservation Board, Meetings and Quorum Clarifies that a COA is to be approved by a majority of the HPB members present. LDR Section 2.2.6(D), Historic Preservation Board, Duties, Powers, and Responsibilities Specifies that the HPB has the authority to apply more restrictive standards than the maximum identified in the zoning regulations in order to achieve visual compatibility in accordance with Section 4.5.1(E)(8). LDR Section 4.5.1(E)(6) Demolition Adds that demolition applications be accompanied by a complete application for the redevelopment of the subject property, and that demolition cannot occur until the building permit for the redevelopment is issued. LDR Section 4.5.1(F) Restrictions on Demolitions Added new language to require submittal of additional information and documentation for all demolition proposals of contributing structures or individually designated historic structures. The attached Ordinance (55-07) is now before the Board for recommendation to the City Commission. ~~ :'{'::... ~ ~ n h't'4tit tt .,~ t ~.`'~~~.,~;H!~..,,~ ~ o. .., .~.~ .m.~i: ~ ' :.. ' t '.t, ... ,.! v ~t ~.~~ ``,~ A significant concern within the historic districts is demolition by neglect of historically significant and/or contributing structures. Demolition by neglect happens when the structure is neglected and left to self-demolition. The proposed amendments provide that the neglect of individually designated structures and/or structures located within historic districts will constitute a nuisance violation of the City's Code of Ordinances. The penalty for such violation will result in a civil citation or notice of violation pursuant to the City's Code of Ordinances. Additional changes are proposed to existing LDR Sections which provide review criteria for applications for demolition. LDR Section 4.5.1(F), Development Standards, "Restrictions on Demolition," provides review criteria when any structure within a historic district is proposed for demolition. Additional language is proposed requiring the property owner to submit information regarding the state of disrepair, such as certified reports from a registered architect or engineer noting the structural soundness of the property, and the costs to repair the structure in order to return it to a safe and habitable condition. In addition, an appraisal is to be provided of the Planning and Zoning Board Memorandum Staff Report, November 19, 2007 Amendment to LDRs re: Nuisance and Demolition -Ordinance 55-07 property's condition 1) at the time of application, 2) value as vacant land, 3) potential value upon restoration, and 4) documentation that reasonable efforts were made to salvage the structure through relocation. This information has typically been requested from the applicant upon first review by the Historic Preservation Board. LDR Section 4.5.1(E)(6) has been expanded to require demolition applications to be accompanied by the complete redevelopment application, and that the two requests be reviewed and decided upon concurrently. Further, the new language will require that demolition not take place until the building permit for the new development is issued. The intent is to avoid leaving empty lots if the redevelopment project is not built and to provide time for the applicant to investigate relocation of the structure. Additional minor LDR revisions include clarification that a majority of the HPB members present and voting may approve a COA application, and that the Board has the authority to apply more restrictive standards than the maximums identified in the zoning regulations in order to achieve compliance with the visual compatibility requirements of LDR Section 4.5.1(E)(8). LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objectives and Policies were noted: FUTURE LAND USE ELEMENT: GOAL AREA "A" LAND WITHIN THE PLANNING AREA SHALL BE DEVELOPED OR REDEVELOPED, TO ENHANCE THE EXISTING QUALITY OF LIFE, COMPLIMENT EXISTING LAND USE AND RESULT IN A MIXED, BUT PREDOMINANTLY RESIDENTIAL COMMUNITY WITH A BALANCED ECONOMIC BASE. Future Land Use Element Objective A-4 The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and the following policies: Future Land Use Policv A-4.1 Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the "Delray Beach Design Guidelines". Future Land Use Policv A-4.2 In order to protect the City's historic resources, the Land Development Regulations shall include provisions far designation of historically significant buildings, structures, archaeological sites, or districts. The City shall conduct periodic neighborhood surveys to identify and evaluate potential historic resources. ANALYSIS The Future Land Use Element of the City's Comprehensive Plan calls for the enhancement of the existing quality of life and mandates that redevelopment shall provide for the preservation of historic resources. These requirements are evident in the proposed amendments to protect the city's designated historic areas from demolition by neglect and demolition of historic properties without providing proper documentation to justify the potential demolition. Therefore, positive Planning and Zoning Board Memorandum Staff Report, November 19, 2007 Amendment to LDRs re: Nuisance and Demolition -Ordinance 55-07 findings can be made that the proposed LDR text amendments are consistent with and further the Goals, Objectives and Policies of the Future Land Use Element of the Comprehensive Pian. HOUSING ELEMENT: GOAL AREA "A" TO MAINTAIN A SAFE AND ADEQUATE SUPPLY OF HOUSING BY PRESERVING EXISTING STABLE NEIGHBORHOODS, STABILIZING AND ENHANCING NEIGHBORHOODS THAT ARE IN TRANSITION, AND RESTORING AND REHABILITATING NEIGHBORHOODS THAT HAVE DECLINED. Housing Element Objective A-10 The City shall support the conservation and rehabilitation of historically significant housing, especially where such housing is an identifying characteristic of a particular neighborhood. Housing Element Policv A-10.1 This objective will be implemented in accordance with the standards and criteria of Section 4.5.1 of the Land Development Regulations, Historic Preservation Sites and Districts. Housing Element Policv A-10.2 The City will promote the use of historic designations as a revitalization tool in its preparation of Neighborhood Plans for those areas which have a significant inventory of historic structures. Housing Element Objective A-12 To assist residents of the City in maintaining and enhancing 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 Element Policv A-12.4 The City will provide planning and technical assistance to implement neighborhood-supported initiatives aimed at preserving the character of existing residential areas. Such assistance may involve the formulation of regulations that would limit the size and scale of new homes to be consistent with existing structures within a defined neighborhood, and analysis of the housing inventory to determine if the area qualifies for designation as a historic district, and similar measures. ANALYSIS The proposed LDR amendments comply with the Housing Element as noted above in that they will strive to stabilize and enhance existing historic neighborhoods through the prevention of demolition by neglect, archiving of structures subject to demolition, and deferral of demolitions until redevelopment is eminent. Therefore, positive findings can be made that the proposed LDR text amendments are consistent with and further the Goals, Objectives and Policies of the Housing Element of the Comprehensive Plan. Coastal Management Element Policv B-2.1 The Marina Historic District shall embrace principles of historic preservation and economic development in a sensitive and blending manner. See Objective C-1 for the specific implementation program. Coastal Management Element Policv B-2.2 Individual historic structures shall continue to be designated pursuant to the City's Historic Preservation Ordinance. Coastal Management Element Objective C-1 The retention, rehabilitation, and protection of historic resources as provided for in the City's Historic Preservation Ordinance shall continue to be applied in the Coastal Planning Area. The Marina Historic District shall continue to be Planning and Zoning Board Memorandum Staff Report, November 19, 2007 Amendment to LDRs re: Nuisance and Demolition -Ordinance 55-07 redeveloped with a sympathetic blending of the demands of economic development and historic preservation. Coastal Management Element Policv C-1.1 The northern portion of the Marina District nearest Atlantic Avenue shall be developed with the active participation of both the Historic Preservation Board and the Community Redevelopment Agency. Coastal Management Element Policv C-1.2 The middle and southerly portions of the Marina District shall continue to be enhanced through the renovation of existing single family and multi- family structures, sensitive rehabilitation of historic structures, and new construction which is appropriate to the historic district. ANALYSIS The proposed LDR amendments comply with the Coastal Management Element of the Comprehensive Plan in that they are sensitive to the two designated historic districts within this area: Nassau Street and Marina. Overall, the protection of the historical resources located in the aforementioned historic districts will continue to be enforced. Upon consideration of the above, positive findings can be made that the proposed LDR text amendments are consistent with and further the Goals, Objectives and Policies of the Coastal Management Element of the Comprehensive Plan. The Comprehensive Plan calls for the preservation of historic resources, the rehabilitation of historically significant housing, and the promotion of historic designations as a revitalization tool. Further, the Plan calls for Staff assistance in implementing neighborhood supported initiatives aimed at preserving the character of existing residential areas. The proposed amendments achieve the aforementioned goals and policies. Therefore, a positive finding can be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive Plan. The Pineapple Grove Main Street committee reviewed the subject amendments at their November 7, 2007 meeting and unanimously recommended approval. The Historic Preservation Board (HPB) considered the subject amendments at their November 7, 2007 meeting, and recommended approval by a vote of 5-2 (Lake and Kucera- Winneydissenting). The Community Redevelopment Agency (CRA) considered the subject amendments at their November 8, 2007 meeting and unanimously recommended approval. The Downtown Development Authority (DDA) considered the subject amendments at their November 12, 2007 meeting, and unanimously recommended approval. The West Atlantic Redevelopment Coalition (WARC) considered the subject amendments at their November 14, 2007 meeting, abstained from making a recommendation due to lack of information. The subject information was submitted to the CRA for review by WARC on Wednesday, November 7, 2007, by the Planning and Zoning Department. However, this information was not included in the members' packets. Letters of objection and support, if any, will be presented at the meeting Planning and Zoning Board Memorandum Staff Report, November 19, 2007 Amendment to LDRs re: Nuisance and Demolition -Ordinance 55-07 At.TERNi4~'IVE AO'TlQN$ A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendments to the Land Development Regulations (LDRs) associated with Ordinance 55-07 by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan. C. Move a recommendation of denial to the City Commission of the amendments to the Land Development Regulations (LDRs) associated with Ordinance 55-07 by adopting the findings of fact and law contained in the staff report and finding that the request is inconsistent with the Comprehensive Plan. (Motion to be phrased in the affirmative. See above.) .. +: '` ~ ~ ' ~ .... :E f ~ ~i RECpMI1~El~IA~°It~N ! 5 Move a recommendation of approval to the City Commission of the amendments to the Land Development Regulations (LDRs) associated with Ordinance 55-07 by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan. Prepared by: Amy E. Alvarez, Historic Preservation Planner Attachments: • Proposed LDR Amendment Ordinance 55-07. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: ORDINANCE N0.54-07 DATE: NOVEMBER 14, 2007 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading fox a City initiated rezoning from R-1-A (Single Family Residential) District to RM (Medium Density Residential) District for approximately 3.9 acres, located a '/z block on either side of S.W. 12th Avenue, between S.W. 2"d Street and S.W. 3`d Street. BACKGROUND At the first reading on November 6, 2007, the Commission passed Ordinance No. 5407. RECOMMENDATION Recommend approval of Ordinance No. 5407 on second and final reading. 5:\Ciry Clerk\AGF.NDA COVER MEMOS\Ordwnce Agenda Memos\Ord 5407 Rezoning ofSW 12th Avenue 11.20.07.d"c 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 12T}i AVENUE, BETWEEN SW 2NO STREET AND SW 3'm 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 July 16, 2007, the Planning and Zoning Board fox the City of Delray Beach, as Local Planning Agenry, 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 Ciry 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 Dekay 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 Paxk 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 pazcel 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 ORD NO. 54-07 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH MEETING DATE: July 16, zoos AGENDA ITEM: III.A.(2)(i) ---STAFF REPORT--- ITEM: City initiated Future Land Use Map Amendment for Approximately 3.90 Acres, Located %2 Block on Either Side of S.W. 12"' Avenue, between S.W. 2"d Street and S.W. 3rd 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 Applicant/Agent .............. City of Delray Beach. Location .......................... Located '/z Block on Either Side of S.W. 12"' Avenue, between S.W. 2"d Street and S.W. 3rd Street. 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). Current Zoning ............... R-1-A (Single Family Residential). Proposed Zoning.......... RM (Multiple Family Residential, Medium Density). Adjacent Zoning....North: RM (Multiple Family Residential, Medium Density) & CF (Community Facilities). East: R-1-A (Single Family Residential). South: R-1-A (Single Family Residential) & CF (Community Facilities). West: R-1-A (Single Family Residential). Existing Land Use.......... Duplexes & Single Family Residences Proposed Land Use........ Multi-Family Housing. Water Service ................. Connection available via an existin~ water main located within S.W. 12 Avenue. Sewer Service ................ Connection available via an existing sanitary sewer main located within S.W. 12"' Avenue. N.W. IST T. < ~ ^ < A T L A N T I C A V E N U E S. W. IST Si. a ~ S.W. RND Si. u s.w. wD sT. DELRAY FULL SERNCE CENTER sw. am sT. AUDIINN dt4L N. ~~ ~a $ A AU UflN DR III.A.(2)(~) . '~' ~ 1FS 4'" ~ i~~P; .:.i:Mtt,~~,. 3 6 ,. 3. t, a , ~ 3, 3flE i G { r u. , .Id . 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 2nd Street and SW 3rd 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 Plat Book 14, Page 63 of the 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. .. ,, ~~ ,~~ ~ 3 , i3 I,3 , e~ I ~3 i ~ E Bt~l~)'k"G'FiGF ~~. .., ..,,4 ,. 3,{3: i13,r ..,:.: 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 12`h 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 12t" Avenue is a City collector, which connects West Atlantic Avenue to SW 10`h Street. The roadway's name changes to Auburn Avenue south of SW 3`d Street and then shifts westward to become SW 14`h Avenue, south of SW 8"' 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 12`h 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 3`d 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 12t" 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 12`h 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. REQUIRED FINDINGS: LDR (Chanter 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 Mau: 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 12'" 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 12`h Avenue, between SW 2nd Street and SW 3rd 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 inconsistent 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 "rehabilitations 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 12`h 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 Elemenf Policv C-1.7: The following pertains to the Southwest Neighborhood Redevelopment Area: This area is generally defined as the area bounded by West Atlantic Avenue on the north, SW 10th Street on the south, Interstate 95 on the west, and Swinton Avenue on the east. Many of parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. 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 fhe 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 2ntl Street with new infill houses and neighborhood green spaces. Unfortunately, the subject property along SW 12"' 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 12`" 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. Policv A-7.1: The maximum density may be increased within the Medium Density, General Commercial and Transitional 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 ifs 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 manufactured and mobile homes. Planning and Zoning Board Staff Report -July 16, 2007 FLUM Amendment and Rezoning - SW 12'" 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 the diverse makeup of the City's demographic profile, and meet the housing needs identified in this 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'" Avenue 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 12~° 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 Concurrencv): 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 12~' Avenue 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 12~" Avenue 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 REQUIRED FINDINGS (Chapter 31: 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 Consistencvl: 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`" Avenue GS.~!!t~ ~~~f/ l1.TYi' ~ i ~ 3t ~ f13 i 3 3 (~~ 3 ili 1. ~fA i lf' 3 ~ 3 i. 3 ~ 4 yy? ~ C i :~033p ~i tt' ' ..AI! . ~i6 v~LK: ~ ~ ~ .3. 3+ii~li~1 Delray Beach Community Land Trust North RM and CF Office & Du lex Delray Full Service Center & Single South R-1-A and CF Famil Homes East R-1-A Sin le Famil Homes Single Family Homes, Duplexes & West R-1-A Ebenezer Ba fist Church Section 2.4.5(D)(5) (Rezoning Findinas): 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 aoprouriate 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 application/request. Planning and Zoning Board Staff Report -July 16, 2007 FLUM Amendment and Rezoning - SW 12`" Avenue Page 12 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. Courtesv 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. I~ ^J ~ G:~l~'~„~,4M1 {f~ /"~.~~ifJ ::: „1~,.`;.~4 :...:.. ~~f~~, ~ ~, i Ell ~. ii I~ 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. 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 12'h 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. ,,, ,; .. ~y,. f,, ..r~ii~" { ~~y ~ {vv i{ ~ ~ ~ y~ii.. vii 1 .; ~ ~ ~: ~+ iv~v {k R.~.~Q,I1111 :xn{,,~„ ::{~'pd~v.. if5{:.. !i{ i. .., .,,,,, ',,:i ... ...:.,:., ,I C. t, ,. ~. 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:\planning & zoning\boards\p&z board\southwest 12th avenue flumamend&rezoning.doc N PROPOSED FUTURE LAND USE MAP AMENDMENT _~ SOUTHWEST NEIGHBORHOOD AREA (SW 12TH AVENUE) CITY OF OEU2AY BEACH, R PLANNING h 20NINC DEPARTMENT PROPOSED FUTURE LAND USE MAP AMENDMENT: MD (MEDIUM DENSITY) N.W. 1 T T C ~~~ - ~ CF ATLANTIC BD AVENUE -'g "1~ ~ ` _ _~ - S" Sa ~~. ~R,~ - _ - - a S. W. IST ST. _ ~ _ ~ ~ __ € ~ _ S. W. 2ND ST. 3- 3~ 3 3 rc 5. 2 0 - V 3 3 3 5. N in m~ 3 ~ S. W. 3RD ST. - ®® S.W. 3ft0 CT. -- - W. D CT. s.w. aw sr. I~LJ_JJ-./J-~~~--~ CF S W 4T1 ST. Wp ~ - 6 6 F ~ AUBURN CIRCLE NORTH RM - - ~ ~ry' CF _ 3 S. W. 61H ST. AU URN DR. V N OSR P~ ~ m ~SR 3 ?`' < < _ ~ 0J PJ -- DlC/TAL BASE MAP SYSTEM -- MAP REF: LM 1020 N PROPOSED REZONING ~! SOUTHWEST NEIGHBORHOOD AREA (SW 12TH AVENUE) CITY OF DELRAY BEACH, FL PLANNING h ZONING DEPARTMENT PROPOSED REZONING TO: RM (MULTIPLE FAMILY RESIDENTIAL, MEDIUM DENSITY) v~ °3"1 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: R. BRIAN SHUTT, ASSISTANT CITY ATTORNEY THROUGH: CTI'Y ATTORNEY DATE: NOVEMBER 12, 2007 SUBJECT: FOR THE KIDS AND COPS COMMITTEE This item before the Commission is Ordinance 56-07 which amends Section 32.41 of the City Code regarding the composition of the Kids and Cops Committee. BACKGROUND Section 32.41 of the Code of Ordinances sets forth the membership of the Kids and Cops Committee, however, there are some categories of membership that have not been filled for several years and other categories that are no longer applicable. The requirement listing the various schools has been modified to provide that a representative of any school that has residents of Delray as students could be a member, which will not require an ordinance change every time a school is added or deleted. Ordinance 56-07 modifies the membership requirements in order to clarify the composition of the Committee. RECOMMENDATION Staff recommends approval of Ordinance 56-07. cc: Lula Butler, Community Lnprovement Director Chief Schroeder, Police Department Officer Messer, Police Department Jennifer Buce, Community Improvement ORDINANCE NO. 56-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32, "DEPARTMENTS, BOARDS AND COMMISSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 32.41, "COMPOSITION; TERMS; APPOINTMENT", TO CLARIFY THE COMPOSITION OF MEMBERS ON THE KIDS AND COPS COMMITTEE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City wishes to amend Section 32.41 of the Code of Ordinances in order to clarify the composition of the Kids and Cops Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 32, "Departments, Boards and Commission", Section 32.41, "Composition; Terms; Appointment" of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended as follows: (A) The Kids and Cops Committee shall consist of a membership to be selected as follows: (1) A representative from the Parks and Recreation Department as designated by the Director of Parks and Recreation; (2) A (Representatives, not to exceed three. of the Delray Beach Police Department, as designated by the Chief of Police; (5) A representative from schools serving Delray Beach residents, as may be designated by the respective school principals:; (~ A citizen-at-large representative. The citizen-at-large representative may be designated by a community civic organization interested in the enhancement of the program or may be designated by the City Commission; u(8~ T,~,re-F~ Three 3 at-large representatives appointed by the City Commission. The City Commission may appoint other members if a vacancy exists in any category and the City Clerk provides notice to the City Commission that despite reasonable efforts to have the appointments filled as provided within the ordinance the City Clerk has been unable [toj secure the appointments. (B) The members of the Kids and Cops Committee shall serve two (2) two-year terms. The current members of the Committee shall continue to serve out their terms as previously set forth and ratified by the City Commission. However, members of the Kids and Cops Committee shall be limited to two (2) two-year terms, unless additional two-year terms are authorized by a majority vote of the City Commission. (C) If a vacancy should occur on the Kids and Cops Committee, the vacancy shall be filled by selection by the person who selects members for each group, and the said selection shall serve for the unexpired term of the member position which was vacant. (D) The City Commission shall have the authority to approve and ratify all selections to membership on the Kids and Cops Committee, and the City Commission shall have the authority to remove any member of the Kids and Cops Committee from said position whenever a majority of the City Commission votes for such a removal. 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 upon its passage on second and final reading. 2 ORD. 56-07 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 2 ORD. 56-07 ~~ ~, C[TY ATT~: ~ . ~~ ~ ~,,:~., DELRAY BEACH MEMORANDUM ~" DATE: November 15, 2007 All-America Clry 1 I ~ ~ I' TO: City Commission FROM: Susan A. Ruby, City Attorney i~r~~, ~~~~~~ SUBJECT: Kenneth Miller, et al. v. Darren Cogoni, et al. Case No. 07-80249-CIV-Middlebrooks The purpose of this memorandum is to call for a closed attorney-client session pursuant to Florida Statutes §286.011(8) for the November 20, 2007 City Commission meeting to discuss settlement negotiations and strategy related to litigation expenditures in the above case. Law requires strict compliance with Florida Statutes §286.011(8). Therefore, prior to the commencement of the closed attorney-client session, the Mayor should read the following: "The City has scheduled a closed attorney-client session pursuant to Florida Statutes §286.011(8) in the case of Kenneth Miller, et al. v. Darren Cogoni, et al, Case No. 07-80249-CIV-Middlebrooks. The estimated length of the closed session shall be 20 minutes. The following persons will be attending: Mayor Rita Ellis, Commissioners Gary Eliopoulos, Fred Fetzer, Woodie McDuffie, and Brenda Montague, City Manager David Harden, City Attorney Susan Ruby, Police Legal Advisor Cathy Kozol, attorney Fred Gelston and a certified court reporter." After the closed session is over, the Mayor should announce that the regular meeting is reopened, and the closed session is terminated. By copy of this memorandum to David Harden, our office requests that the agenda be prepared giving reasonable public notice of the time and date of the closed attorney- client session for November 20, 2007 and that the agenda item include the name of the case, the names set forth above of those persons attending the session, and identify the item as a closed door session pursuant to Florida Statutes §286.011. Our office will arrange for a court reporter to be present as required by statute. Attached is a copy of Fla. Stat. §286.011. SAR:jw cc: David Harden, City Manager Chevelle Nubin, City Clerk i~ Statutes & Constitution :View Statutes :->2007->Ch0286->Section 011 : Online Sunshine Page 1 of 2 Select Year: 2007 - Go The 200 Florida Statutes Title XIX Chapter 286 View Entire. Chapter PUBLIC BUSINESS PUBLIC BUSINESS: MISCELLANEOUS PROVISIONS 286.011 Public meetings and records; public inspection; criminal and civil penalties.-- (1) All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting. The board or commission must provide reasonable notice of all such meetings. (2) The minutes of a meeting of any such board or commission of any such state agency or authority shall be promptly recorded, and such records shall be open to public inspection. The circuit courts of this state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon application by any citizen of this state. (3)(a) Any public officer who violates any provision of this section is guilty of a noncriminal infraction, punishable by fine not exceeding $500. (b) Any person who is a member of a board or commission or of any state agency or authority of any county, municipal corporation, or political subdivision who knowingly violates the provisions of this section by attending a meeting not held in accordance with the provisions hereof is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.482 or s. 775.083. (c) Conduct which occurs outside the state which would constitute a knowing violation of this section is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.483 (4) Whenever an action has been filed against any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision to enforce the provisions of this section or to invalidate the actions of any such board, commission, agency, or authority, which action was taken in violation of this section, and the court determines that the defendant or defendants to such action acted in violation of this section, the court shall assess a reasonable attorney's fee against such agency, and may assess a reasonable attorney's fee against the individual filing such an action if the court finds it was filed in bad faith or was frivolous. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. However, this subsection shall not apply to a state attorney or his or her duly authorized assistants or any officer charged with enforcing the provisions of this section. (5) Whenever any board or commission of any state agency or authority or any agency or authority of http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Seazch_Strin... 11 /15/2007 Statutes & Constitution :View Statutes :->2007->Ch0286->Section 011 : Online Sunshine Page 2 of 2 any county, municipal corporation, or political subdivision appeals any court order which has found said board, commission, agency, or authority to have violated this section, and such order is affirmed, the court shalt assess a reasonable attorney's fee for the appeal against such board, commission, agency, or authority. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. (6) All persons subject to subsection (1) are prohibited from holding meetings at any facility or location which discriminates on the basis of sex, age, race, creed, color, origin, or economic status or which operates in such a manner as to unreasonably restrict public access to such a facility. (7) Whenever any member of any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision is charged with a violation of this section and is subsequently acquitted, the board or commission is authorized to reimburse said member for any portion of his or her reasonable attorneys fees. (8) Notwithstanding the provisions of subsection (1 ), any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision, and the chief administrative or executive officer of the governmental entity, may meet in private with the entity's attorney to discuss pending litigation to which the entity is presently a party before a court or administrative agency, provided that the following conditions are met: (a) The entity's attorney shall advise the entity at a public meeting that he or she desires advice concerning the litigation. (b) The subject matter of the meeting shall be confined to settlement negotiations or strategy sessions related to litigation expenditures. (c) The entire session shall be recorded by a certified court reporter. The reporter shall record the times of commencement and termination of the session, all discussion and proceedings, the names of all persons present at any time, and the names of all persons speaking. No portion of the session shall be off the record. The court reporter's notes shall be fully transcribed and filed with the entity's clerk within a reasonable time after the meeting. (d) The entity shall give reasonable public notice of the time and date of the attorney-client session and the names of persons who will be attending the session. The session shall commence at an open meeting at which the persons chairing the meeting shall announce the commencement and estimated length of the attorney-client session and the names of the persons attending. At the conclusion of the attorney-client session, the meeting shall be reopened, and the person chairing the meeting shall announce the termination of the session. (e) The transcript shall be made part of the public record upon conclusion of the litigation. History.--s. 1, ch. 67-356; s. 159, ch. 71-136; s. 1, ch. 78-365; s. 6, ch. 85-301; s. 33, ch. 91-224; s. 1, ch. 93.232; s. 210, ch. 95-148; s. 1, ch. 95-353. Copyright m 19954007 The Ronda legislature • Privacy Statement • contact Us http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_Strin... 11/15/2007 ~ ~,,,,• .~ ..~i. CITY COMMISSION CITY OF DELRAY BEACH. FLORIDA REGULAR MEETING -TUESDAY. NOVEMBER 20. 2007 6:00 P.M. -COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM: 10. REGULAR AGENDA A.1. APPEAL/SITE PLAN REVIEW AND APPEARANCE BOARD ACTIONS/MIDTOWN DELRAY: Consideration of an appeal regarding the Site Plan Review and Appearance Board's approval of the site plan, landscape plan and architectural elevations associated with the construction of a proposed 116-unit townhouse development and 29,571 square foot medical office building known as Midtown Delray, located at 4600 Linton Boulevard. ~**~~rr****sr*****r*****rr**r*~*rr*rrrrr**~*r*•***r**~r~**~****rr~*w**r****r**** 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: CANDI N. JEFFERSON, SENIOR PLANNER ~~~~~, PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING~~~-yj~~~ THROUGH: CITY MANAGER DATE SUBJECT: NOVEMBER 20, 2007 ITEM BEFORE COMMISSION The City Commission voted on November 6, 2007 to appeal the conditions of approval applied by the Site Plan Review and Appearance Board (SPRAB) from their October 24, 2007 meeting, and postponed this appeal to tonight's meeting, November 20, 2007. The Board approved the site plan, landscape plan, and architectural elevations for the proposed 116 townhouse units and 29,571 square foot medical office building known as Midtown Delray located at 4600 Linton Boulevard based on findings that the request was consistent with the Comprehensive Plan and met the criteria set forth in LDR Sections 2.4.5(F) and Chapter 3 of the Land Development Regulations, subject to specific conditions. BACKGROUND The Planning and Zoning Board held a public hearing on the rezoning request at its meeting of September 17, 2007. The Board recommended approval of the rezoning request by a vote of 6 to 1, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) (Rezoning Findings) of the Land Development Regulations, and the Goals and Objectives of the Comprehensive Plan, subject to the following conditions: • That significant aesthetic improvements are made to make the architectural elevations more visually appealing • That the density of the proposed Midtown Delray development does not exceed that which was originally permitted in the Bloods Hammock Groves Ordinance 51-95 (12 units per acre) The Planning and Zoning Board recommended approval of Waiver #1 to reduce the stacking distance at the Office Building parking lot entrance from the required 50' to 48' [LDR Section 4.6.9 (D)(3)(c)(1)], by a vote of 5 to 2, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.7(6)(5) (Waiver Findings) of the Land Development Regulations, and the Goals and Objectives of the Comprehensive Plan. The Planning and Zoning Board recommended approval of Waiver #2 to reduce the minimum pavement width of the interior roadway from 24 feet to 20 feet [LDR Section 6.1.2(C)(3)(a)], by a vote of 7 to 0, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section ®' /~• I City Commission Documentation, Meeting of November 20, 2007 Appeal of SPRAB Action -Midtown Delray (4600 Linton Boulevard) 2.4.7(6)(5) (Waiver Findings) of the Land Development Regulations, and the Goals and Objectives of the Comprehensive Plan. The Planning and Zoning Board recommended denial of Waiver #3 to reduce the required 25% preserved natural plant communities requirement to 18.62% [LDR Section 4.6.16 (D) (2) (b)], by a vote of 2 to 5, based upon a failure to make positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.7(6)(5) (Waiver Findings) of the Land Development Regulations, and the Goals and Objectives of the Comprehensive Plan. The Planning and Zoning Board recommended approval of Waiver #4 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)], by a vote of 7 to 0, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.7(6)(5) (Waiver Findings) of the Land Development Regulations, and the Goals and Objectives of the Comprehensive Plan. The Planning and Zoning Board recommended denial of Waiver #5 to provide relief from the required thirty foot (30') landscape buffer along Linton Boulevard [LDR Section 4.3.4.(H)(6)(b)(4)], by a vote of 3 to 4, based upon a failure to make positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.7(6)(5) (Waiver Findings) of the Land Development Regulations, and the Goals and Objectives of the Comprehensive Plan. Subsequent to the recommendation of denial of Waiver #5 by the Planning and Zoning Board, it was determined that relief from the required thirty foot (30') landscape buffer is not deemed necessary. 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: 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. 2 City Commission Documentation, Meeting of November 20, 2007 Appeal of SPRAB Action -Midtown Delray (4600 Linton Boulevard) 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; On November 16, 2007 a letter was received from the applicant requesting postponement of the hearing for the rezoning request from November 20, 2007 to the December 24, 2007 City Commission meeting. The applicant justified reasons for the postponement to find possible solutions to issues raised by surrounding homeowners and other individuals, which included the following: 1. Engineering a possible decrease in the height of the medical building; 2. Possible re-distribution of workforce housing units and coordination with the Delray Beach Community Land Trust; 3. Potential new points of ingress and egress, including Linton Boulevard and Orchard Lane; 4. The staggering of the buildings and other architectural details; 5. Certain improvements related to safety, such as traffic calming; and 6. Review of certain landscaping issues in order to maximize potential buffering. Further revisions addressing the Site Plan Review and Appearance Board (SPRAB) conditions of approval are anticipated to be received on November 20, 2007. These changes may be presented by the applicant at the City Commission meeting on November 20, 2007 for review and approval with the adoption of Ordinance No. 46-07. APPEAL At its meeting of November 6, 2007, the City Commission moved to appeal the Site Plan Review and Appearance Board conditions and move the Second Reading of Ordinance No. 46-07 to a date certain of November 20, 2007. This motion was approved by a vote of 5-0. RECOMMENDATION Postpone the appeal, to allow consideration of reversing the Site Plan Review and Appearance Board's conditions of approval at the City Commission meeting of December 4, 2007. Attachments: • Justification Letter from Applicant Requesting Postponement • Site Plan Review and Appearance Board Report of October 24, 2007 • City Commission Report of November 6, 2007 WEINER & ARONSON, P.A: ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue ' Delray. Beach, FL 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: mweiner@zonelaw.com MICHAEL S. WEINER JASON S. MANKOFF GAROLE J. ARONSON - KERRY D: SAFIER November 16; 2007 Via Hand Delivery Mr. Paul Dorling ' Director of Planriing and Zoning City of Delray Beach 100 N:W: tst Avenue Delray $each, Florida 33444 'Susan Ruby, Esquire Clty Attorney's Office 200 NW .1't Avenue. ' Delray Beach, Florida 33444. Re: Midtown Delray :Our File No.:-BEN0005 DearPaul and Susen: As you know, a, postponement of the above-captioned matter has been requested, sitting the hearing for December 4, 2007 andrmoving: if'from November 20, 2007: `Among the '" .reasons that we requested the. postponement„is to find. possible solutions to issues raised by ' surrounding. homeowners and other.individuals. The issues we are working on are as follows: 1. Engineering a possible decrease imthe height of the medical building; 2. Possible re-distribution of workforce housng,units and coordination the Delray Beach Community Land Trust;- 3. Potential new ..points of ingress and egress,. including Linton ;Boulevard. and Orchard Lane; 4. Ttie staggering of the buildings and other architectural details;.: 5. Certain improvements related to safety, such as traffic calming; and 6. Review of certain landsrape issues in order to maximize potential buffering. . ~ - ~ O$BENGOOS~LcRer to Paul DorlingSusan Ruby. November 15, 200Zdoc ~ ~ - - ~ ~~ Mr. Paul Dorling - Susan Ruby, Esquire. - November 16, 2007 Page 2 of 2 As you are aware; when changes are made to asite plan atthis level of detail, all professionals must be consulted. Therefore, utility issues 8nd draihage issues, amorig other things must be feviewed:as we attempt td make these changes:; The delay-until December 4, 2007 gives us an opportunity o be certain that the changes `address the issues at hand and do not impact these gther design features. Moreover, many of these, changes require consultation with other governmentalagencies, such as the County of Palm Beach and the Lake, Worth Drainage District.- Thus, this additiorial time is of great , - importance. We understand hat we musF-attend the meeting, on November 20, 2007 concerning the postponement. However; we would-like to pass"the:word to as mariy of the citizens as possible. We would also like to -pass the word that if any of them would like to contact me, please call.my office of 561-265-2666 iir Mr. Jon Solin at 561-495- 7554. We will be happy to talk to them concerning'the proposed changes: We appreciate everyone's input: Very tr yo s, t r Mi h ~l S. einer MSW:vf Cc: MF. Garrett Bender Mr. Jon Solih" Ms. Teri Levinson Ms.'Chevelle Nubin, City Clerk. Jason S. Mankoff, Esquire i 0:1BENG005fLetter to Paul Dorling-Susan Ruby. November 15,2007aoc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ESTELIO BRETO, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: NOVEMBER 1, 2007 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 Reouest for SAD Rezonino of Bloods Hammock Groves for Midtown Delrav 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 Delrav 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 #1 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(8)(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 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 Delrav 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 BWIEYNNI k d (BN ea n o nw ~ o~ i N.NYBO i a 9 e ~ soum wsu~ 2 EQ~ ~ °~ LI N T O N B O U L E V A R D Q CANAL L-}g 4 °i° ~ ~M~ .y '*w q TONfy om ~ gi.~ "t' R~'10 aa. a W O x; 0 0 ° a O O D N Q ` ~~ ^ ~ ~ CANAL L-}7 sr. xam u1. N MIDTOWN DELRAY ~- 4600 LINTON BOULEVARD dTY OF GEtRAY BEACH, R PUNNING ! ZOMNC GEPARTNEIli gUEJECTPROPERTY LOCATION MAP _- O.GYIA[ 615E NAP SY57E4 -- NIP RET: lA11008 ~ ~ ~~~ ~. aW~~. F R-1-AA OSR OSR R-1-AA P C O~ ~++~ ' nan •x qy x«w soum ¢ xi ~ ~ ~~ L I N T O N B O U L E V A R D CANAL L-36 4 ~ ' 44 a P C CF 0 ~ ~ ~M'T S °~MV O R ` R °^° C F v. POC O O cF O O O ~ R , d xwm c -1 ~ ~ 0 0 ~ O o ~ OS ~ _` ~ ~ vMtf~/~/ stl. as lx ua r / CANA L-37 u OSR N -~ arr a OEIRAY eua, n PUNNING a 2oRwc orr.RrwcRr sue~ECr-ra°ReRTr MIDTOWN VILLAGE 4600 LINTON BOULEVARD EXISTING ZONING MAP -- oeara eur .lur svsrar -- MM R6: IAIt00BB 4144 Palm Forest Drive South Delray Beach, Florida 33445 Mayor Rita Ellis ~' ' City Hall 100 N.W. la Avenue Delray Beach, FL 33444 Subject: Opposition to Midtown Delray Development Dear Mayor Ellis: October 2, 2007 ~~ Z ACT - a X007 L'~~ I live within the development of Shadywoods, located on Linton Boulevard directly across from the planned Midtown Delray project. As a resident and homeowner for the last five years I have a major interest in maintaining the character and value of my home, which. the intended 3-story high town homes and medical building will certainty destroy. Furthermore; our community of Shadywoods already faces severe traffic difficulties with the many U-fume and cross traffic from the medical buildings already present within 1/2 mile of our entrances. These difficulties will rise exponentially with the addition of another 116 homes and yet another medical faality. I am strongty opposed to this construction. Very tr/uly yours, (~/ . Ross Vailely EB~~ ocT ~ a ~~ Mayor Rita Ellis 100 MiN 7" Avenue Delray Beach, Florida 33444 4978 Garden Drive Delray Beach, Florida 33445 Tuesday, October 09, 2007 ~c : P~z-- Mayor Ellis: I'm writing today regarding the planned develop by Ascot of a three-story medical building and athree-story mu141-unit town home faclltty on the former Blood's Orchard property on the comer of Limon Blvd. and Old Germantown Road. This would be a disaster to the surrounding communities at the Hammock Reserve, Orchard Vlew Elementary School and the developments along Old Germantown Road should this "eyesore" of a project be approved. 1 know I'm speaking for many others when 1 say we Nighty disapprove of this project going forward. The increased volume of traffic, especially in the mornings and afternoon during school hours shows the city is "clueless" when It comes to planning. The property isn't even zoned for the project and the fact that zoning needs to be changed speaks for itself. Other areas In Delray Beach should be considered where the new project would fit in better with the surrounding areas. There Is a huge parcel of land on Linton Bivd. where the old Costco store used to be before moving to Congress Avenue. Put the greed aside and make an extension to the small park that already exists next to the school. Robert M. Rivell Hammock Reserve Resident OCT 4 ~ 2007 James and Karin Castryck 3917 Arelia Dr. S. Delray Beach, FL 33445 October Sa', 2007 Major Rita Ellis City Hall 100 NW 15` Ave Delray Beach, FL 33444 Subj~ct;;Opposition to Midtown Delray Development Dear Major: CITY COMMISSION CC<P~Z I live within the development of Shadywoods, which is located on Linton Blvd. directly across from the planned Midtown Delray project. As a resident and homeowner for 6 months, Ihave along-standing major interest in maintaining the character and value of my home, which the intended 3-story town homes and medical building will certainly destroy. F.urthennore, our community of Shadywoods already faces severe traffic difficulties with the many u-fuming and cross turning traffic, all within a''/z mile, which will only worsen with the enormous density of another 116 homes and yet another medical facility. I am strongly opposed to this construction. It is too dense and the buildings too high. Very truly yours, ~~__ r Karin Castryck J es Castryck OCT - 9 2007 October 5, 2007 City Hall 100 N.W. 1st Avenue Delray Beach, F1. 33444 eC: P~ z- ` Subject: Opposition to Midtown Delray Development r Dear I live within the development of Shadywoods~ which is located on Linton.Blvd directly across from the planned Midtown Delray project. As a homeowner for 27 years, L have a long-standing. major nterest.in maintaining the character-and value of my home, which the intended 3-story high town homes and medical building will certainly destroy. Furthermore,`our community of ~hadywoods already faces severe traffic dif~f-iculties withthe many u.-turning. traffic,.all with-im-a..'~mile, which .will.olily. worsen with the enormous densty.of another 116. homes and yet another medical facility. I am strcngly opposed to this construction. It is too dense and the buildings too high. Very tauly yours,. d~ ,~. ~r~ d"" John A. Faturos 3671 Arelia Drive N. Delray: Beach, Florida 33445. ocr -9 zoos `' suggested Letter to City commissioners: CITY COfVIMISSION ~eae ~ I.ucy'pavis . 4x86 Pa1m,Fo~est Dr. S ~. ' De]my Beach,`FL 33445 / - ~-~~.~ (Name of Commissioner or Mayor to whom writing) City IIaIY' 100 N.W. l~` Avenue Delray Beach, FIr 33444 Subject: Opposition to Midtown Delray Development Dear (Commissioner or Mayor); I live within the development of Shadywoods, which is Iocated on Linton Blvd directly across from the planned Midtown.Delray project: As a r~sident'and homeowner for (include the number ofyears), Ihave along-standing major interest in maintaining the character and value of my home, which the intended 3-story high town homes and medical building will certainly destroy. Furthermore, our community of Shadywoods already faces severe traffic difficulties with the many u-taming and cross fuming traffic, ailwithin a %s mile, which will only worsen with the enormous density of another 116 homes andyet another medical facility. lam name, opposed to construction.. It is too dense and the buildings too high. ~~Q~ Gee&LueyDavis 4086 Palm Forest Dr. S Delray Beach, FL 33445 AST -9 28A7 October 4, 2007 Mayor, Rita Ellis Vice President, Fred Fetzer Deputy Vice-Mayor, Brenda Montague Commissioner, Gary Eliopoulos Commissioner, Woodie McDuffie City Hall 100 NW 1"Avenue Delray Beach, FL 33444 Subject: Opposition to Midtown Delray Development Dear Mayor, Vice President, Deputy Vice-Mayor and Commissioners: I live within the development of Shadywoods, which is located on Linton Boulevard directly across from the planned Midtown Delray project. As a resident and homeowner for almost 7 years, i have along-standing major interest in maintaining the character and value of my home, which the intended 3-story high townhomes and medical building will certainly destroy. Furthermore,.ourrnmmunity of Shadywoods already faces severe traffic difficulties with the many u-turning and cross turning traffic, all within a'/~ mile, which will only worsen with the enormous density of another 116 homes and yet another medical facility. I am strongly opposed to this construction. It is too dense and the buildings too high. tr ours, Dante Coco 4237 Palm Forest Drive South Delray Beach, FL 33445 Of.T '-5 2007 Ct11f e..c. ~~ PAZ ~~ ~~~~ ~~~~ - awe -°`~" U _ .~'~'°-~ ~ ~ ~~~ ~ ~ ~°`~~ p~.o~~ij ~. ~.~-~ ~ .~LD.~ViS 3730 .2lreCia Drive South Defray Beack, g'CoricCa 33445 S6r495-8530 OGTOBER 4, 2007 MAYOR RITA ELLIS CITY HALL 100 N.W. 1st AVENUE DELRAY BEACH, FL 33444 SUBJECT.: OPPOSITION TO MIDTOWN DELRAY DEVELOPMENT DEAR MAYOR: oc~ -~ ~oo~ C~;P~2- I LIVE WITHIN THE DEVELOPMENT .OF SHADYWOODS, WHICH IS LOCATED. ON LINTON BLVD. DIRECTLY ACROSS FROM THE PLANNED MIDTOWN DELRAF PROJECT. AS A RESTDENT AND HOMEOWNER FOR SI%TEEH.YEARS, T HAVE A LONG=STANDING MAJOR INTEREST IN MAINTAINING THE CHARACTER AND VALUE. 'OF MY HOME, WHICH THE INTENDED 3=STORY HIGH TOWN HOMES AND MEDICAL BUILDING WILL CERTAINLY DESTROY. FURTHERMORE, OUR COMMUNITY OF SHADYWOODS ALREADY FACES SEVERE TRAFFIC DIFFICULTIES WITH TH$ MANY U-TURNING AND ' CROSS TURNING TRAFFIC,-ALL WITHIN A HALE MILE, WHICH- WILL ONLY WORSEN WITH THE ENORMOUS DENSITY OF ANOTHER 116 HOMES AND: YET ANOTHER MEDICAL FACILITY. I AM STRONGLY OPPOSED TO THIS CONSTRUCTION. IT IS T00 DENSE AND THE BUILDINGS T00 HIGH.- VERY TRULY YOURS, c.s/ OMAS J ADAM RESTIVO 3694 ARELIA DRIVE S. DELRAY BEACH, FL 33445 (561) 499=E549 OCTOBER 4,2007 MAYOR RITA ELLIS CITY HALL 100 N.W. 1st AVENUE DELRAY BEACH, FL 33444 SUBJECT: OPPOSITION TO MIDTOWN DELRAY DEVELOPMENT DEAR MAYOR: I LIVE WITHIN THE DEVELOPMENT OF SHADYWOODS, WHICH IS LOCATED ON LLNTON BLVD. DIRECTLY ACROSS FROM THE PLANNED MIDTOWN DELRAY PROJECT. AS A RESIDENT AND HOMEOWNER FOR FIFTEEN YEARS, I HAVE A LONG-STANDING MAJOR INTEREST IN MAINTAINING THE CHARACTER AND VALUE OF MY HOME, WHICH THE INTENDED 3-STORY HIGH TOWN HOMES AND MEDICAL BUILDING WILL CERTAINLY DESTROY. ,~ ~~ ~~Z FURTHERMORE, OUR COMMUNITY OF SHADYWOODS ALREADY FACES SEVERE TRAFFIC DIFFICULTIES-WITH THE MANY U-TURNING AN'D CROSS TURNING TRAFFIC, ALL WITHIN A HALF MILE, WHICH WILL ONLY WORSEN WITH THE ENORMOUS DENSITY OF ANOTHER 116 HOMES AND YET ANOTHER MEDICAL FACILITY. I AM STRONGLY OPPOSED TO THIS CONSTRUCTION. IT IS T00 DENSE AND THE BUILDINGS T00 HIGH. VERY TRULY YOURS, c~ -tee ~,~ u//~-- EUGE RESTIVO Honorable Mayor Rita Ellis City Hall 100 NW 1~ Avemie Delray Beach, FL 33444 Subject: Opposition to Midtown Delray Development Honorable Mayor Rita Ellis, 3807 Arelia Drive North Dehay Beach, FL 33445-5742 October 4, 2007 OCT - 9 2QU7 CITY COMMISSION We live within the development of Shadywoods, which is located on Linton Boulevazd that is duectly across from the planned Midtown Delray Development project. As residents, homeowner, and voters for six (6) years, we have along-standing major interest in maintaining the character and value of our home, which the intended 3 story high town homes and medical building will certainly destroy. Furthermore, our community of Shadywoods already faces severe traffic difficulties with the many u-turning traffic, all within a '/: mile, which will only be worsen with the enormous density of another 116 homes and yet another medical facility. We are stronsly onnosed to the Midtowri Delray Development project. It is too dense, buildings are too hjgh, and will create additional traffic problems on Linton Boulevazd. Thank you for your time. V~'Y ~Y Yours, ~' La ence J. Diou, Sr. Dorothy iou R CC- ; P~z- October 3, 2007 Mayor Rita Ellis l00 NV/ 1`r Avenue Delray Beach, FZ 33444 Re: Blood's Grove Proposed Rezoning File #2007-165 & 2007-166 During our Andover Annual Meeting, the homeowners expressed significant concern about the rezoning of the Blood's Grove property. On behalf of Andover, we, the Board of Directors, would like to register our strong opposition and objection to the proposed action. It is our opinion that the proposed Midtown Delray development would have a significantly detrimental effect upon the value and of our homes and the surrounding azeas. Several homeowners attended the Planning and Zoning advisory Boazd meeting on September 17, 2007. Feedback from that meeting where the Boazd recommended approval of the development with the waivers and rezoning requests to the City Comariasion has raised the ire of our community. One of the natural aspects of Old Germantown Road is the mature natural vegetation that has existed. Eliminating this in favor of 116 town houses and a 3-story high medical office building with 148 parking spaces on the ground floor accompanied by a myriad of waivers to make it happen is, in the opinion of the Andover Board, total over-development of the site. This approach will negatively impact the area and result in an unacceptable environment in which to live. When the Midtown Dehay project was submitted and approved fora $Sm state grant for workforce housing, the need for affordable housing was great. As all homeowners are now well aware, the property market has changed drastically since then and this is no longer the case. There is currently plenty of vacant housing properties in the area for sale at affordable prices and no shortage of medical offices. Old Germantown Road already has traffic flow problems. Any decisions need to take into consideration the investment of the homeowners in this area and their right to have reasonable egress/ingress into their communities. The size of this property and potential population as well as commercial traffic is truly unacceptable. We strongly urge the City Commission to reject this rezoning request and preserve our property values and investment in the area. We support Shadywoods' position as well as any other communities in the area in their oppositon to this development and rezoning. We too would like to sce Delray Beach retain its "Village by the Sea" character and preserve current quality of life and sense of place. Thank you for your time and attention to this matter. Respectfully, The Andover Baazd of Directors The Andover Association; Inc. do Haag Management Inc. •2295 Corporate Blvd. NW, Suite 138 • Boca Raton, PL 33431 • (561)241-0285 ,: October 3, 2007 Mayor Rita Ellis OGT ' 0 70117 City Hall 100 N.W. 1~` Avenue CITY t~OMMISSIOPI Delray Beach, FL 33444 Re: Midtown Delray Development 1 W ~~~~~ ~~~Op G' Dear Mayor Ellis: ~, C ; 1 1~Z, I live in the Shadywoods development, which is located on Linton Boulevard directly across from the proposed Midtown Delray project. For the past ten years I have watched building after building go up on Linton Boulevard and Military Trail, adding to the traffic problems in our area. Now that:Linton Boulevard.has been widened, we have the added problem of drivers. making. U-toms out of the existing medical building and/or going over sixty Holes an hour on Linton whle;w~ try to exit our:development safely. The residents of Shadywoods have only one way in and out of our development: Linton Boulevard. We have no back entrance, no other choice. The Midtown Delray project promises to add anothertwo hundred cars or so to our problem, all trying to get onto the same road at the same time.. Access to Germantown Road is denied during rush hour in the morning because of the ORCHARD VIEW ELEMENTARY SCHOOL traffic. What impact do you think this development might have for the safety of the elementary school children walking to and from school at Orchard View Elementary? WHAT WAS THE PLANNING AND ZONING DEPARTMENT THINKING? DID THEY ALREADY RUN OUT OF ROOM FOR TOWNHOUSES ON FEDERAL HIGHWAY? i am strongly opposed to this construction. T feel that it will negatively impact the value and character of my home and-off be ofbenefitto some builder who doesn't care how dense our community~becomes. Please help our community oflong-time, quiet-living residents maintain our way of life and safety in small- town Delray Beach. This is, after all, why we moved here! Thank you for your consideration, Toni S. Mullen cc: Vice-Mayor Fred Fetzer Deputy Vice-Mayor Brenda Montague Commissioner Gary Eliopoulos Commissioner Woodie McDuff e '. 1y'A October 3, 2007 Mayor Rita Ellis City Hall 100 N.'W. 1 ~` Avenue Delray Beach, FL 33444 Re: Midtown Delray Development. e.~: Piz Dear Mayor Ellis: I live in the Shadywoods development, which is located on Linton , Boulevard directly across from the proposed Midtown Delray project. For the past ten years I have watched building after building go up. on Linton Boulevard and Military Trail,. adding to the traffic problems in'our area... Now that Linton Boulevard-has been widened; we have the added problem of drivers making U-turns out of the existing medical building and/or going over sixty miles an hour on Linton while we-try to exit our development safely. The residents of Shadvwoods have only one wav in -and out of our development: Lintom Boulevard. We have no back entrance, no other choice: The Midtown Delray project promises to add anothertwo hundred cars or so to our problem, all trying to get onto the same road at the same. time..: Access to Germantown: Road is'denied during: rush hour in the morning because of "the ORCHARD VIEW ELEMENTARY SCHOOL traffic. What impact do ..you think this development might have for the safety of the elementary school children walking to and from school at Orchd View Elementary? WHAT WAS THE PLANNING AND ZONING DEPARTMENT THINKING? DID THEY ALREADY RUN OUT OF ROOM FOR TOWNHOUSES ON FEDERAL HIGHWAY? I am strongly opposed to this construction. I feel that it will negatively impactthe value and character of my home and only be of benefit to some builder who doesn't care how dense our community becomes. < ,_ Please help our community of long-time, quiet-living residents maintain our way of life and safety in small= town Dehay Beach:- This. is, after all, why we moved here! ank you for your considers 'on, ~~~~ Thomas R. Mullen N -~r- DITY OF Of1A~Y BERCH, it PUNNWG d[ ZONING DEPMTNENT __ OF:/fA[ HtSE ,WP SYS/FM __ MIDTOWN VILLAGE 4600 LINTON BOULEVARD ~suerECrPnoPeRTY EXISTING ZONING MAP MM REF: LMIOGBB N MIDTOWN DELRAY ~- 4600 LINTON BOULEVARD tltt OF DEIRAY BEACH, R sualecr aaoPeR~rv LOCATION MAP PLANNNG • 20NING OFPARiNENi -_ O/C?AC fl45E YAP SYSIFY __ NAP RFF: W1008 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.Ds," 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. WHEREAS, Midtown Delray, LLC is the fee simple owner of the pazcel 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 Boazd for the City of Delray 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 Boazd, sitting as the Local Planning Agency, has determined that the changes are consistent with the Comprehensive Plan; and WHEREAS, the City Comrission of the City of Deh-ay Beach adopts the fmdings 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 TT 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. ec6on 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 pazcel of land in Section 25, Township 46 South, Range 42 East, Pahn Beach County, Florida, described as follows; Commence at the Northwest comer 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 Ol°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 pazallel to the West line of said Plat of Foxe Chase said point also being the point of beginning; thence South O1°30'15" East, along said pazallel 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 azc 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 azc 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 Ol°18'39" West a distance of 152.80 feet to a point on the South right-of- way line of Linton Boulevazd; 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 Ol°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 azc 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 Ol°30'15" East along said pazallel 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 mazket rate residential townhomes and 32 workforce residential townhomes. 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 Pian Review and Appearance Board. Section 7. That structures (dwelling unit groups) shall not be located closer than 2 twenty-five feet (25') from each other. Section 8. That any future modifications to the approved Midtown Delray site plan which aze not substantial and which do not deal with intensity or type of uses shall be reviewed by the Site Plan Review and Appeazance Boazd 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 4.3.4 (H)(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 10. That Section 4.4.25(G), "BADS," of the Land Development Regulations of the City of Deh~ay Beach, Florida, be, and the same is hereby amended to add Subsection (9), (91 Midtown Delrav. 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 pazagraph, 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 declazed to be invalid. 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 EXIiIBIT "A" IN THE CITY COMMISSION CHAMBERS OF 7HE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR MIDTOWN DELRAY ORDER OF THE CITY COMMISSION OF THE CffY OF DELRAY BEACH, FLORIDA 1. These waiver requests have 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 waiver requests for Midtown Delray. All of the evidence is a part of the record In this case. Required findings are made in accordance with Subsection I. WAIVERS: Pursuant to LDR Section 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. The landscape area shall be the smaller distance of either 30' or 10°h of the average depth of the property; however, in no case shall the landscape area be less than ten feet (10'). The Applicant has requested a reduction of 14' from this requirement. Pursuant to LDR Section 4.6.9(D)(3)(c)(1), 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 frtty feet (50'). The proposed development provides forty-eight feet (48') of stacking along Park Access Road et the Office Building parking lot entrance. The Applicant has requested a waiver to allow the 48 foot stacking distance. Pursuant to LDR Section 4.6.16 (D)(2)(b), a portion of native communities are to 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 has requested that this requirement be reduced to 18.62%. 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(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 significen6y 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 4.3.4.(H)(6)(b)(4) comply with the requirements of Section 2.4.7(8)(5)9 Ves No Would the waiver of Section 4.6.9(D)(3)(c)(1)rnmply with the requirements of Section 2.4.7(6)(5)? Yes No Would the waiver of Section 4.6.16 (D)(2)(b) comply with the requirements of Section 2.4.7(6)(5)? Yes No Would the waiver of Section 6.1.2 (C)(3)(a) comply with the requirements of Section 2.4.7(6)(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(6)(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 4.3.4.(H)(6)(b)(4) _ 4.6.9(D)(3)(c)(1) 4.6.16 (D)(2)(b) 6.1.2 (C)(3)(a) 6.1.3 (D)(1)(b) 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 in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Clerk 5 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: September 17, 2007 AGENDA ITEM: Iv. A. ITEM: Modification of Blood's Grove SAD (Special Activities District) Ordinance 51-95, in conjunction with a new mixed-use development known as Midtown Delray wntaining 116 townhouse units (of which 32 units are subject to the family workforce housing ordinance) and 29,571 square feet of medical offices. GENERAL DATA: Owner/Applicant ........... ............ Midtown Delray, LLC UN.L Location .......................... ............ southwest comer of Linton Boulevard ~ ~ L and Oid Germantown Road Property Size .................. ............ 9.861 acres Existing FLUM ................ ........... TRN (Transitional) Proposed FLUM .............. ........... No Change Current Zoning ................ ............ SAD (Special Activities District) - Bloods Grove Proposed Zoning ............. ........... SAD (Special Activities District) - Midtown Delray LIN}ON BOVLCV.V 110 Adjacent Zoning .............. ..North: RL (Multiple Family Residential -Low t °° ~ Density) ,,,, East: OSR (Open Space Reserve) South: CF (Community Facilities) West: RM-8 (Multiple Family Residential - 8 units per acre) O Existing Land Use ............ .......... Primarily Vacant Land with Vacated Industrial and Retail Structures o Proposed Land Use ......... ........... Mixed Use Development Water Service ............... .......... Existing on site via an 8" and 12" water main and several fire hydrants Sewer Service ............... ......... Existing on site via an existing 8" sewer main N n Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray- SAD Ordinance Page 1 ,_ _ .. I T ~AjF' ~~ E,~~3'{i1~ ~7 sE~~ i~i'F~#ll- ~ , . -?; 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). 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 70 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 Leaning 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 Ciiy 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 (Chanter 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(8)(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 SAb Ordinance to change the allowed uses to these uses (residential and medical office) is being processed as a rezoning appligtion. 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-!: Property shall be developed or redeveloped in a manner so that the future use and intens)ty is appropriate in terms of soil, topographic and other applicable physical considerations; is complimentary fo 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 modffication 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-l.3: The City endorses the continued operations of the Palm Tren Transit System and its operations in Delray Beach, and though 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)(51-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"scent 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 Communi Facilities Orchard View Elements 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 appllcatlon/request. LDR Section 4.3.41KI 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: :i?!S:,~S.: n._C/.C ~ lfdaTn.:= 2 J, a~}t. °y Buildin Hei ht: Residential Com onent L._v'S dl~..ii~.~~ 48' ~~.~' rdltl Y~ v s... - 31'-T' MedicelOffices 48' 46' O en S ace 25°h 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. ~~ ~~tac~d~ ~ ~~~ ~C{lxw~^u4 ~ ~~ ..~ ~ F~lt~~~s~ l~l~ rya 2Et {~-1'~~'. F _ ~ :, v. _ P a ~ Efficienc 400 1 Bedroom Units 600 2 Bedroom Units 900 1,418 10 3 Bedroom Units 1 250 1 906 104 , , 4 Bedroom Units 1500 Planning 8 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: Efficient 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 cumulativel 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 Seciion 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 v~ill 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+f2+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 Parkina: 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 Parkina: 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. Liahtina 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)(21(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 wired 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.tf.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 squarefoodage, 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. tit%). 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 Trianoles: 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 properly 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 indipted 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. Rioht - 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 Underaroundina 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. 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 Actlonsl: 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 disWet 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. 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 mare consistent and compatible than the current vested development potential. 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. As discussed in the "Required Findings" section of ihis 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. 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(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; 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. Ana/vsis of Waiver #1: Pursuant fo LDR Section 4.6.9(D)(3)(c)(1), provisions must be made for stacking and transition of incoming traffic from a public street, such that traffic may not backup into the public street system. The minimum distance 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 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 to 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(8)(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 6.1.2 (C)(3)(a), the minimum roadway pavement width is twenty four (24) feet. Plans fndieate 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 Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray-SAD Ordinance Page 10 feasible or would constitute a hardship in a particular instance and provided this reduction would not 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, signifcanty 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 will actually create a safer environment. 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. " 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 to 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 frees. For the one hundred filly one (151) Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray-SAD Ordinance Page 11 required interior trees, an additional sixty (60) trees are proposed, and for the ninety (90) 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(8) (5) and a recommendation of dental should be presented to the City Commission for this waiver request. Analvsls of Waiver #4: Pursuant to LDR Section LDR Seetion 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 a street maybe 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 Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray-SAD Ordinance Page 12 sidewalk on both side of the street; d) to comply with the setbacks required; and e) not to disturb the existing woodland area. 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 facildies, create an unsafe situation and/or result in the grant of a special privilege fo 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 'Aeneral/v 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 pads. 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 Ciiy Commission. Analysis of Waiver #5: Pursuant to LDR Section 4.3.4.(H)(5)(b)(4), along Linton Boulevard, from A-1 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 10% of the average depth of the property; however, in no case shall the landscape area be less than ten feet (10). 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 buH`er 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 to 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 Planning & Zoning Board Staff Report - Meeting of September 17, 2007 Midtown Delray-SAD Ordinance Page 13 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 required landscape buffer will actually exist. However, the opportunity to increase the width of the ROW has now been provided. This waiver will not adversely affect the neighboring area, sign~cantly diminish the provision of public facilities, create an unsafe situation and/or result in the grant of a special privilege to oui 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. 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. Pubtlc Notices: Formal public notice has been provided to properly 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. ~~~~ 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: Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray-SAD Ordinance Page 14 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. 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)J, is recommended for dental; 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)J, 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. A. Move a recommendation of approval to the City Commission for the SAD rezoning amending Blood's Grove Ordinance 51-95 for the subject properly, 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. 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 Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray-SAD Ordinance Page 15 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. 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(8)(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 wntained 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(6)(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)((i)(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(8)(5) of the Land Development Regulations. Attachments: • Location Map • Zoning District Map, • Project Plans • Letters of Objection • Proposed Ordinance t146-07 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 comer 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, tum lane improvements or traffic light modifications may be required at Linton Boulevard. Based upon the above wndition of approval being addressed, a positive finding with respect to traffic Concurrency can be made. Parks and Ooen 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 Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray-SAD Ordinance Page 17 waste that would be generated can be axommodated 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 capaciiy to handle ail 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 P81m Beach County School District has approved the development proposal with respect to compliance with the adopted Level of Service for School Concurrency. -- Original Message ---- From: Ronnie Glbtzbach To: dorlingCa?mvdelravbeach.com Cc: ritaellisna.mvdelravbeach.com ; goeCcD_mvdelravbeach.com ; fetzerCcDmvdelravbeach.com ; wmcduffieCdtmvdelravbeach.com ; montegueCa~mvdelravbeach.com ; CitvAttomeyCa)MVDeIrayBeach.com Sent: Wednesday, October 03, 2007 2:36 PM Subject: Proposed Development of Blood's Grove Site -CONCERNED Resident MR. PAUL DORLING, DIRECTOR CITY OF DELRAY BEACH PLANNING AND ZONING DEPARTMENT 100 Northwest 1st Avenue Delray Beach, Florida 33444 dorlinq (a2mvdelravbeach.com PROPOSED DEVELOPMENT ON BLOOD'S GROVE SITE BY ASCOT DEVELOPMENT TITLED MIDTOWN DELRAY • Delray Beach Planning File #2007-165 and 2007-166 AS a resident of the Andover Community, I believe it is critical that I share my concerns about the development of Blood's Grove site. I'm respectfully disappointed on how this project is being expedited and how decisions are being made without a complete investigation on the standing of several issues against existing ordinances. From a resident perspective, it appears that the builder is using the argument of a time sensitive $5 million state grant to provide 32 Community Workforce Housing to roll over the proper diligence on the project and receive special treatment. The following issues need to receive serious considerations: 1. As per Ordinance (51-95) the maximum number of units permitted at the site was not to exceed 680 units in the entire Blood's grove site. Currently there are already 677 units on the site (404 at Citation and 273 at Hammock Reserve). This project intends to add 116 units to this parcel. The math does not seem to add up. 2. As per Ordinance (51-95) the maximum density permitted at this site was not to exceed 8 units per acre. The proposed project has 116 units on a 6.27 acres area resulting on a density of 18.5 units per acre. 2.31 times the limit. Again, the math does not seem to add up. 3. As per Ordinance (51-95) the maximum floor area of SAD Parcel 5 was limited to 65,000 square feet. The proposed project is for 212,404 square feet for residential use and additional 29,571 square feet for commercial use. That totals to 241,975 sq. ft. or 3.7 times the limit. 4. As per Ordinance 42-95 the SAD component was indicated as 4 DU. The proposed project has 17 3 story buildings, plus a recreation center and a Medical office. Additionally, 5. This is a too dense complex with 3 story high buildings that doesn't go in line with the surrounding neighborhoods. 6. This project will create additional traffic constraints on the already congested Old Germantown road. Although the traffic study presented at the September 17th meeting indicates traffic will not increase on Old Germantown Road, I'm not sure there is a resident (from Old Germantown Road) who believes these results are even close to being valid. 7. The execution of this project will result in the loss of 373 grown trees from the area. With all the energies and publicity spent on ways to save our environment, destroying the beauty of the Blood's site would be a loss not only to our area but to the City of Delray. Therefore, I respectfully ask you to allow the proper time for the complete understanding of all the implications of this project to the immediate neighborhood and to analyze if this project is really suited for this location. The goal is to have a project that is beneficial to the entire Community and not just to the builder. This proposed site is not the best location for such a dense project. The quaint design of Old Germantown road is a far cry from the proposed "mid-town" development. Your response is very much appreciated. Veronica Glotzbach From: Robert Sengberg [rgbert@sengberg.com] Sent: Thursday, October 04, 2007 9:53 PM To: Dorling, Paul Cc: Ellis, Rita; Eliopoulos, Gary; Fetzer, Fred; McDuffie, Woodier montegue@mydelraybeach.com; CityAttomey@MyDelrayBeach.com Subject: Re: PROPOSED DEVELOPMENT ON BLOOD'S GROVE SITE MR. PAUL DORLING, DIRECTOR CITY OF DELRAY BEACH PLANNING AND ZONING DEPARTMENT 100 Northwest 1st Avenue Delray Beach, Florida 33444 dorling CrDmvdelravbeach.com PROPOSED DEVELOPMENT ON BLOODS GROVE SITE BY ASCOT DEVELOPMENT TITLED MIDTOWN DELRi4Y -Delray Beach Plahning File #2007-165 and 2007-166 As a resident of the Andover Community, I believe it is critical that I share my concerns about the development of Blood's Grove site. I'm respectfully disappointed oh how this project is being expedited and how decisions are being made without a complete investigation on the standing of several issues against existing ordinances. From a resident perspective, it appears that the builder is using the argumentof a time sensitive $5 million state grant to provide 32 Community Workforce Housing to roll over the proper diligence on the project and receive special treatment. The following issues need to receive serious considerations: 1. As per Ordinance (51-95) the maximum number of units permitted at the site was not to exceed 680 units in the entire Blood's grove site. CurYently there are already 677 units on the site (404 at Citation and 273 at Hammock Reserve). This project intends to add 116 units to this parcel. The math does not seem to add up. 2. Asper Ordinance (51-95) the maximum density permitted at this site was not to exceed 8 units per acre. The proposed project has 116 units on a 6.27 acres area resulting on a density of 18.5 units per acre. 2.31 times the limit. Again,the math does not seem to add up. 3. As per Ordinance (51-95) the maximum floor area of SAD Parcel 5 was limited to 65,000 square feet. The proposed project is for 212,404 square feet for residential use and additional 29,571 square feet for commercial use. That totals to 241,975 sq. ft. or 3.7 times the limit. 4. As per Ordinance 42-95 the SAD component was indicated as 4 DU. The proposed project has 17 3 story buildings, plus a recreation center and a Medical office. Additionally, 5. This is a too dense complex with 3 story high buildings that doesn't go in line with the surrounding neighborhoods. 6. This project will create additional traffic constraints on the already congested Old Germantown road. Although the traffic study presented at the September 17th meeting indicates traffic will not increase on Old Germantown Road, I'm not sure there is a resident (from Old Germantown Road) who believes these results are even close to being valid. 7. The execution of this project will result in the loss of 373 grown trees from the area. With all the energies and publicity spent on ways to save our environment, destroying the beauty of the Blood's sfte would be a loss not only to our area but to the City of Delray. Therefore; I respectfully ask you to allow the proper time for the complete understanding of all the implications of this project to the immediate neighborhood and to analyze if this project is really suited for this location. The goal is to have a project that is beneficial to the entire community or not just to the builder. This.proposed site is not the best location for such a dense project. The quaint design of Old Germantown road is a far cry from the proposed "mid-tovrn" development. Your response is very much appreciated. Robert Sengberg 2551 Hampton Cir N Delray Beach, FL 33445 CC: Rita Ellis, Mayor, City of Delray Beach ritaellist7a.mvdelravbeach.com Gary Eliopoulos, Commissioner, City of Delray Beach, goena.mvdelravbeach.com Fred Fetzer, Vice Mayor, City of Delray Beach, fetzerCa)mydelravbeach.com Woodie McDuffie, Commissioner, City of Delray Beach, wmcduffieralmvdelravbeach.com Brenda Montague, Deputy Vice Mayor, City of Delray Beach, montegue aC~mvdelravbeach.com Susan A. Ruby, Esq. ,City Attorney, City of Delray Beach CitvAttornevCa2MvDelravBeach.com Dear Mr. Glotzbach, Thank you for your a-mail. I want to answer some of the concerns expressed in your email. With respect to #1 in your a mail ... in my review of Ordinance 51-95 I found no reference td (680) total number of units allowed, Further the 404 units referenced for Citation Club were never part of the property referenced in Ordinance #51-95. Therefore the maximum number of units constructed to date on the Bloods property are those within the Hammock Reserve development (273 as noted in your letter). With respect to #2 in your a mail ... Ordinance 51-95 does not limit the SAD parcel to a maximum density of 8 units per acre. This 8 units per acre maximum refers to 28.29 acres which comprise the northern portion of the existing Hammock Reserve Development curcently zoned RM-8. Ordinance 51-95 allows residential uses as allowed in the RM zoning district (density ranges from 6-12 units per acre) on the subject property. This development is proposed at 11.76 units per acre ( 116/ 9.861= 11.76). Note density is based on the total parcel size including the medical office parcel. This is how density has been applied city wide for all mixed use projects. With respect to #3 in your a mail... Ordinance 51-95 does not reference a Parcel 5 ... Parcel 4 however does reference a maximum sq footage amount of 65,000. This 65,000 refers to th'e nonresidential portion of the project (residential properties are measured on a unit per acre basis not square footage). Currently 29,571 square' feet 'of nonresidential Medical Office Use is proposed. This is below the 65,000 sq. ft. of industrial, office or commercial use currently allowed by Ordinance 51-95. With respect to # 4 in your a mail... Ordinance 42-95 annexed 94.14 acres of property to the City. This Ordinance did not assign any development potential or restrictions to any portion of the site. The development thresholds for the individual parcels which made up the 94.14 acres were assigned through the application of zoning designations applied via ordinance 51-95. As noted above these thresholds did not reference a limit of 4 density units. I hope the information I have provided is of assistance to you. You are encouraged to attend the City Commission meeting to share your views. Thank you for taking the time to communicate with me. Sincerely, Paul Dorling, AICP Director of Planning and Zoning Dorling, Paul From: Ruby, Susan Sent: Monday, September 17, 2007 8:51 AM To: Valek, Denise; DoAing, Paul; Nubin, Chevelle Subject: FW: Planning and Zoning Board Meeting September 17th: Ascot Please put this email P&Z the Ascot P&Z file. Thanks Susan A. Ruby City Attorney 200 N.W. lot Avenue Delray Beach, FL 33444 telephone: 561-243-7091 facaimtl e: 561-278-4755 email: ruby®ci.delray-beach.f2.us -----Original Me&sage----- From: Weaver, Jo Sent: Monday, September 17, 2007 8:02 AM - ~~~ ,~ To: Ruby, Susan Subject: FW: Planning and Zoning Board Meeting September 17th: Ascot Susan, This came in through the City's webai to email. Jo Weaver -----Original Message----- From: Alex Sanielevici (mail to:alexsant®gmail.com] Sent: Friday, September 14, 2D07 9:37 PM To: PZmail®MyDelrayBeach.com; Ellis, Rita Cc: Sliopoulos, Gary; Fetzer, Fred; McDuffi e, Woodier montegue®mydelraybeach.com; Ci tyAttorney®MyDelrayBeach.com; Gray, Joe; Kemp, Kymenaki; ClDirector®+fyDelrayBeach.com; PermitaLicenses®hryDelrayBeach.com; Dorling, Paul; Hoggard, Ron; Breto, Eatelio; Vinci, Michael; Truxellmmydelraybeach.com Subject: Planning and Zoning Board Meeting September 17th: Ascot Hello all, Z've been a Delray Beach (Hammock Reserve) resident ,and a voting taxpayer since 2001. Though I won't be able to attend Monday's meeting due to obliga ti ono at work, I do wish to express my severe consternation at the proposed high-denai ty development that is being proposed to be erected adjacent to my community, along the main road of Hammack Reserve. Approval of this plan as submitted will severely undermine the quality of life of those living all along the Old Germantown Road corridor. At 3 stories tall, the proposed units will be peering down into our communi ty~s yards and swimming pools, undermining our privacy and dominating over our single-story detached housing. The 116 units are being crammed into a apace well too small to accommodate them, with narrow streets, missing sidewalks, minuscule green space, and no vegetation or fencing to insulate it from our development. The extra traffic at the busy intersection with Old Germantown will create massive backups, especially since we already have bumper-to-bumper traffic on this mad and in teraection during school pickup / drop off times. i urge you to place a reasonable limit (on the order of half of what it ie now) upon the density and height of this proposed development in order to better mesh with the character of the surrounding developments and avoid a ruinous outcome for all involved. Thank you for your attention to this matter, Alex Sanielevici. 1 Page 1 of 1 Jefferson, Candi From: Valek, Denise Sent: Thursday, September 27, 2007 12:23 PM To: Jefferson, Candi Cc: Doding, Paul Subject: FW: Blood Grove zone disVict D~ ff. ?/alek Exocutlve Asatstent Planning & Zoning Department City o1 Delay aeecn 100 NW 1st Avenue Delray Beadr, FL 33444 Phon®: 581-243.7041 Fax: 561-243-7221 vaklr~ci.dalroybeach. eus From: Alberta S. George [mailto:asgeorgel@msn.com] Sent: Monday, September 24, 2007 12:50 PM To: PZmail@MyDelrayBeach.com Subject: Blood Grove zone district To the Planning and Zoning Board of Delray Beach: We strongly oppose the changing of the Blood Grove SAD zone district and the proposed development of over 100 townhouse units and related structures. The traffic congestion in that area is presently such that the city has police there each momutg monitoring traffic and restricting turning east flow traffic in an effort to protect the school entrance and students. How can the city even consider adding more traffic and congestion to that intersection. Such a development would also negatively impact our quality of life. Since Spanish Wells was built some 30 years ago, we have experienced continuing development that has diminished the nature of our neighborhood environment. At the same time our taxes have quadrupled. There is nothing in the plan of the proposed development that enhances our property but rather threatens our neighborhood and puts our life at risk. We ask you to deny this intiative. Albert and Alberta George 3004 C San Clara Drive Delray Beach, Florida 33445 9/27/2007 Jefferson, Candi From: Valek, Denise Sent: Monday, September 17, 2007 1:46 PM To: McDonnell, Mark; Jefferson, Candi Subject: FV1f: Bloods Orchard Rezoning Duawc r~ ?/a!u(c Fzecu(He Asslatant P/annirg B Zoning Department Gry orDelray Beadr 100 NW iffiAvenue Defray Beach, FL 33444 Phone: 581-443-7041 Fez: 581-2437221 valelc~d.delray-hea~h.fl.us From: eheckermdl@wmcast.net [mailto:eheckermdl@comcast.net] Seht: Monday, September 17, 2007 1:07 PM To: PZmail@MyDelrayBeach.com Subject: Bloods Orchard Rezoning My home At 4783 Lakeland Dr. Defray Beach FL33445 is being encroached upon by the threat of the proposed construction on the land previously Bloods Orchazd. I object to having a three story high density building adjacent to Hammock Reserve located where I would have to look at it when I arrive and leave as well as when I sit on my lanai. The school has enough traffic a.m and p.m. The addition of the new construction would make this azea much less desireable to own and enjoy. Please do not permit this travesty to ruin the entire azea. Erwin and Mazgery Hecker 410 484 3191 9/17/2007 Mark and Marcia Clayman 2706,Hampton,Circle North Delay Beach, Fl. 33445 RECEI~lED SE? 2 5200] Monday September 24, 2007 Mr. Paul Dorling Duector City of Delray Beach Planning and Zoning Department 100 Northwest 1st Ave Delray Beach, Florida 33444 PLANNING & ZONING Re: PROPOSED DEVELOPMENT ON BLOOD'S GROVE SITE BY ASCOT DEVELOPMENT TITLE MIDTOWN DELRAY Dehay Beach Planning File #2007-165 and 2007-166 Dear Mr. Dorling: My husband and I have lived in the Andover Community since 1989 and have raise our 2 children my daughter Carol 17 and my son Adam 15, both attending Spanish River High School. My family and I like I am sure everybody that had lived in this community for so many years has enjoyed the peacefulness and the charm that the whole area of Old Germantown Rd offers to the residents. Blood°s Groves-.was such a.big asset in the area and we enjoyed having them so close to us, but now as you know things have changed, the Blood family sold the land and what is left of it is going to be developed. I attended the city meeting held on September 17 and as you probably heard from many residents of the area that despite of our voices of disappointment toward Ascot Development your members of the Planning and Zoning they voted in favor of Midtown Delray regazdless the fact that they did not have all the information needed for such an approval. We ask you to reconsider sanh an.approval, you must keep in wnsideration the density of units is way to high for the area adding to the congestion that as you know during school yeaz we the residents have to go through., but also keep in mind it will not add up any charm at all to the area, my suggestion a nice single home development will be an asset to our lovely Old Germantown Rd. m , ~---- cia Clayman MDwdAI~, StptCw~.ber 24, 200 CERT11riEA RETLCRN RECEIPT H~ONOR~4$LE M/~YOR 12.ITi4 El_L_Is CikIJ. o f Dt6ra~ BCACh 200 NDYthWGSt i`t.4vewue Aelra~ Beach, Florida 33444 RE: proposed Devtlopvutwtl8lood's e~rove sift 8~ skseot nevel.apvuewt Titled Midtoww Delray DelrA~ 'BGaoh plawwiwg pile #2003`165 JF 2003-166 Dear Howorable n~a~jor EU.is: iks you I¢wow, ,4seot Dtvelopvvuwt is plawwiwg to develop the above rt fereweed property. tan,. writ%wg to ~jou as aw extrevutl.~ eowotrwed hovvuowwer I.iviwg to the east o f the proposed project ow e~erwu+w Toww tiaad. 1 awe. upset about the proposed dtvelopvwewt, awd about the ntittti.wg 1 attewded at the e%t~ o f Ddra~ Beach, ow Mowda~, septevxber ice, 200. t was ctu.%te shoei¢ed at floe I.ael¢ o f iw forw~,atiow awd I2wowltdge about the pro~tct that the 7~,awwiwg ~ Z.ow%wg Board possessed whew it vuadt suoh aw ivwportawt decisiow that would greatl.~ a f floe n~.~ wtighborhood awd others alowg elerw~.aw 7-oww Road. The irwpaet ow tra{f a awd the elevucwtar~ school direetl.~ aoross the street froru this proposed dtvelopntitwt would also bt great. sFeoordiwg to .4soot's tra f fi.e stud, aW, era f fie {'roves this develapwoewt would tester awd exit at t_iwtow'goultvard. Ever~owe who lives iw this area lewows t~lat wiU. NEVER happew. There art wo trA f ~e lights or stop sigws that w%I,l prevewt tra f~e frown, speediwg, this could ewdawger vxaw~ o f our childrew who wait for school busts cver~da~ alowg e~ervH.aw Toww Road. Iw additiow, as cumewtl.~ proposed awd desigw4d, this dtvdopnuwt wiU. destroy the aharw~. o f this uwictut area iw Dtl,ra~ Seaeh. This pro~tot wiU. alearl~ be aw eyesore: Evew several a f the board n,,evubers advuitted that the architectural plows "were juwl¢", but I~ct; they st1.U. approved parts o f this project. .4dditiowau~, the destruetiow awd eliwu.watiow o f older growth trees would be a sigw%fieawt loss to our covu.Ywu.w%t~, as a rrsult o f this projects sizt awd dcwsit~. .4s a cowcerwed res%dewt o f this beauti fu.l eoruvH.uwit~, ~ reeo-wrwewd that the City o f nc6ra~ 8eaoh review the eurrcwt request awd future devel.opw~.ewt o~ this projeot. Thawf2 you for sour t%w~.e awd eowsideratiow iw this n~.attcr. stwctrcl~, G~ -~ -~T sawd~ .4lexawder R.esidewt o f Pclra~ Beach fkNdoVer (661) 213.1918 Copies Mailed to: eiQr~ ~liopoulos, Co-~+.nu.ssiowcr, City of Dclra~'Btatsh Fred Fetzer, vioc Mayor, G:t~ of Delray 8caoh Woodic McDu f fie, Corww~.issiower, City o f pdra~ Beach F.rewda Mowtaguc, Dcput~ vice Mayor, City of Del.ra~ Seaoh susaw.4. R.ub~, Esq., C%t~ .4ttorwea, G.t~ o f ve6ra~ Beach Paul Dorl.Lwg, Director, PLawwiwg § Lowtwg, City o f ndra~ Beach Row 1-Foggard, Priwcipal pi.awwcr, City o f Dclra~ Scach 6stcl.io Srcto, scwior Plawwcr, eit~ o f Dcl.ra~ 8caoh Miohacl viwC%, Rssistawt Plawwer, City o f pelra~ Beach R.CbeOCA TYu)ctU., staff ,4ssistawt u, c%tg of'ncu-a~ aeaoh RECEIVED OCT 0 9 2007 CITY ATTORNEY 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 Delray Beach, FI, 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 geneial, 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 entianc~s east and west of Old Germantown Rd, each within 500 ft: Directly across from Shadywoods, on the south side of Linton, is anotber 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 anotltet 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 1 ~ 2007 PLANNING & ZONING All of the areas mentioned, including the Midtown Delray project location, fall approximately within Ys mile of Military Trail. l n 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 overtime any number of traffic accidents at these entrances, including several crashes into our wall, resulting from, among other causes, crossing and/or u-fuming 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 cuaent 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 clari5cation 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.. ta'rty,~ ~~~~j -~ 'i~~` Dominic J. Scaduto President, Shadywoods. HOA, Inc. Cc: Shadywoods Board of Ihrectors Alliance of Delray ltesidemial Associations, Inc. Page 1 oft Valek, Denise From: JOSEPH PROVENZANO pprovenzano@msn.com] Sent: Wednesday, September 12, 2007 10:37 PM To: PZmaiIQMyDetrayBeach.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 an'd them,thece 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 OId Germantown Road Is Its rural road appeal which be Post. The proposed project should conform to the surrounding communities in regards to open green space~ari~',~ density. 4) Traffic: As it stands now, the traffic from Linton Blvd is not allowed to flow east-bound on to Old Germantown Road ih 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 generete 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 Page 1 of 1 Valek, Denise From: JMM ~mconnect(a3yahoo.comj Sent: Wednesday, September 12, 2007 4:42 PM To: PZmaiIQMyDelrayBeach.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 het online. 9/14/2007 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@gmafl.com] Sent: Sunday, September 09, 2007 7:13 PM To: FJlis, Rita Cc: EJiopoulos, Gary; Fetzer, Fred; McDuffie, Woodier montegue@mydelraybeach.com; CityAttDmey@MyDelrayBeach.rnm; Gray, Joe; Kemp, Kymenskf; ClDiredor@MyDelrayBeach.com; PermitsLicenses@MyDelrayBeach.com; Dorling, Paul; Hoggard, Ran; Breto, Estelio; Vinci, Michael; Truxell@MyDelrayBeach.com; mviale@primemg.cem; donmklein@adelphia.net; dklein@ad.fau.edu; alexsarii@gmail.oom; pennyhammel@comcast.net; kim@haagcompanies.com; wdiatdtx~a aol.oom; rsmaupin3@aol.coni; bert1283@bellsouth.net; mguzi@proskauer.com Subject: Ascot Development Your Honorable Mayor Rita Ellis, Please fmd 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 Boazd on September 17, 2007 at 6:00 pm, and as you can see by the distribution list, these issues aze in the awareness of many City Staff and Residents of Delray Beach. Regazdless of the outcome of the P&Z meeting, we aze also awaze 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 Boazd Meetings and Public Commission Meetings when they occur if we aze awaze. At your earliest convenience, I would like to meet with you to discuss our concerns in greater detail. Bob Izmoureaux Resident of Dehay Beach, Florida Vice President, Hammock Reserve Homeowner's Association (561) 496-7161 bolamo(cr~gmail.com *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** Sunday, September 9, 2007 HONORABLE MAYOR RrrA ELLIS 100 Northwest 1"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 T ra hand delivery and entail: ri taellis(a7jnydelraybeach. 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 p;oposal 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 Dehay Beach Planning and Zoning, mailed out on September 4, 2007. Ascot proposes to develop 116 residemial townhouse units, on the south side of the, property, and a commercial structure of approximately 30,000 square feet. This project is partly sponsored by the Cotnnmunity Land Txust, 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 urmecessary 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 inunediate 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 Departrnent. Ascot Development, in order to develop to the extreme in its proposal, has requested mulfiple 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 fot residential use, and at the very least, should comply with our City's RM zoning roles 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. Sunday, September 9, 2007 HONORABLE MAYOR RTTA FT.i•IS Page 2 (continued) Ascot is proposing to reduce roadway widths, eliminate requited 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, unnecessazily remove all existing vegetation and trees which provide security and safety to adjacent properties, including Orchazd View Community Elementary School, and Orchard View Park, increase the building heights to a level beyond anything in the azea, 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 constmctible land for commercial parking, and constntet over the existing canal, just to name some of the issues we have. Literally thousands of tbe city's residents will be affected by the City's decisions regazding 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 thatthe 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 fiery 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 gmail.com (Distribution list on,jollowingpage) Distribution List: Rita Ellis, Mayor, City of Dehay Beach ritaellis@mydehaybeach,eom Gary Eliopoulos, Commissioner, City of Delray Beach, gpe@mydelraybeach.com Fred Fetzer, Vice Mayor, City of Delray Beach, fetzer@mydelraybeach.com Woodie McDuffie, Commissioner, City of Delray Beach, wmeduffie@mydehaybeachcom Brenda Montague, Deputy Vice Mayor, City of Delray Beach, montegue@mydelraybeach.com Susan A. Ruby, Esq. ,City Attorney, City of Delray Beach Community Land Trast Joseph Gray, Executive Director Kymenski Kemp, Development Manager Community Improvements Lula Butler. Director, Community Improvement AI Berg, Asst Dir, Community Impmvement Nancy Davila. City Horticulturist City of Delray Beach City Planning CityAttomey@MyDehayBeach.com grayj@ci.di:hay-beach.fl.us kemp@ci.dehay-beach. fl.us CIDirector@MyDekayBeach.com CIDirector@MybelrayBeachcom PermitsLicenses a~vlyDelrayBeach.com Paul Dorling, Director, Drector, City of Delray Beach Dorling@MyDelray$each.com Ron Hoggard; Principal Planner City of Delray Beach Hoggard@MyDelrayBeach.com Estelio Breto, Senior Planner City of Delray Beach Breto@MyDehayBeach.com Michael Vinci, Assistant Plauner City of Delray Beach Vinci@MyDelrayBeach.com Rebecca Tzuxell, Staff Assistant II, City of Delray Beach Truxell@MyDehayBeach.com Planning and Zoning Board Site Plan-Review and Appearance Board I Germantown Road Homeowners Associations: mviale@ptimemg.com kim@haagcompanies.com wdiatdbc@aoLcom rsmaupin3@aol.com bert1283 @bellsouth.net mguzi@proskauer.com domnklein@adelphia.net dklein@ad.fau.edu alexsani@gmail.com pennyhammel@comcast.net Page 1 of 1 Valek, Denise From: David Lewin [dllewinQcomcast.netj Sent: Friday, September 07, 2007 1:17 PM To: PZmail@MyDelrayBeach.com Subject: File #2007-165 & 2007-166 Candi Jefferson Good Afternoon, [ am an owner of property located in the Shadywoods community. My neighbor gave me a copy of the notice that she received regarding 'Midtown Delray' and the proposed re-zoning. [ am appalled that the City of Delray would even consider such high density development in this location on this site. Please give me all information regarding this proposed action. ._ .. thanking you in advance, -: Respectfully, - i David Lewin 4150 Palm Forest Drive North Delray Beaeh, FL'33445 fel: 561-381-4534 .f. e x/11'^007 _~-~- FwRIDAOFFICFS / FORT LAUDERDALE Munn BOYNTON BEACH A Ro1Mf lain AaodMbn of Albmeyv W W W.tC8tZk0Ir.COID Apri16, 2007 Via Tele, jax & Regular U.S. Mail (561) 243-7221 Mr. Michael Vinci, Assistant Planner City of Dekay Beach 100 N.W. 1" Avenue Delray Beach, Florida 33444 Re: Hammock Reserve Homeowners Association, Inc. Midtown Village Delray Our File No. 27786 Deaz Mr. Vinci: LEfGH C. KAT7MAN FERREN L. KGRR RACHEL E. FRYDMAN DAVID A KUPPERMAN MARK M. HEWISH KENNETF[E. ZEa.aERGER TENNII.LE M. SHR'wA$H HEATHER J: EDELMAN MAY HUSTEY MARY ANN CHAPa)LER STEPHEN A. FHJAMORE I wanted to take this opportutt}ty to thankyou for your quick response concerning my client, Hammock Reserve Homeowners. Association, Iuc.'s, inguuies about the Midtown Delray project. As I indicated; myoffice is general counsel to Hammocks Reserver The Board thereof has expressed certain concems 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 fiirther 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 vaziance, request for zoning change, orany other application. I have advised my client of the foregoing, and they wiil 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 concems with respect to the apparent land development and the site plan which I downloaded from Ascot Developments's website. Copies of the foregoing documents aze enclosed herewith These concerns include the following: The set backs to the units adjacent to Orchazd Lane appeaz to be inadequate. My client believes that..at least as proposed, .the scalerof the proposed development exceeds the_ch. azacter of Hammocks Reserve and as such, the set backs shonl'd be significantly.increased; :. y-~ . APR 1 ~' 2007 1501 Northwest 49th Street • Suite 202 • Fort Lauderdale, Florida 33309 • Tel 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 constmction of a continuous eight (8~ foot concrete wall, which is similar in design to the wall around the adjacent azeas of Hammocks Reserve. Similarly, the Board desires some type ofplanting buffers be installedbetween the developments; and 3. The height of the buildings appeaz 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 awaze 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 (w/ encl.) ..,wrm...w,a~e~~rsrtn.w.a.m.~w..w.~,.,m.~.~~roeaawr.,..~u~wnuman~..~r, amo,..,a KATZMAN & KORR, P.A. ` Yage 1 of 1